Presentación

Major Findings

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Based on analysis of the permitted densities and development standards, the City has found that the General Plan and Development Code facilitate production of a variety of housing types. The City allows residential development in non-residential and mixed-use zones and permits densities as high as 87 units per acre in the downtown area.

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The City applies more flexible development standards for infill projects to encourage and maximize opportunities for development of unused or underutilized land within City limits. The development standards of the underlying zoning designation, such as the density, setbacks, height, site coverage, and parking requirements may be

modified to create consistency with surrounding development and address physical site constraints.

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Consistent with State law, the City of Stockton allows second dwelling units in all residential zoning districts with approval by the Community Development Director as long as the unit meets all development standards.

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In September 2008, the City of Stockton City Council approved a Memorandum of Agreement (Settlement Agreement) with the Attorney General (AG) of California and the Sierra Club. The Settlement Agreement will support the production of housing by encouraging significant infill housing development in Downtown Stockton and within existing neighborhoods; however, the mandate to implement a Green Building Program could potentially add to the upfront costs of producing housing.

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Overall, the City’s parking standards are relatively low, both for downtown infill development and development outside the downtown. Parking standards do not represent a constraint to the development of housing and allow development to achieve maximum allowed densities.

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Processing and permit procedures do not constitute a development constraint in Stockton. However, the City could consider amending the Development Code to reflect a policy of streamlining the permit process for affordable housing projects as an incentive for the development of affordable housing.

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Currently (2009), Section 16.315 “Affordable Housing Incentives/Density” is

inconsistent with the newest State law requirements related to density bonuses. The code needs to be updated to be made consistent with State law in specifying that a density bonus of up to 35 percent may be granted and developers that are eligible for a density bonus are also eligible for up to three additional incentives. Since 2004, the City has only received one request for a density bonus project. This density bonus request involved increasing the density to allow two additional units, modify parking requirements, and to exceed the maximum allowed height.

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The City’s Article 34 authorization will expire in 2010 and the City plans to request voter approval on a future ballot for extension of the Article 34 authorization. Since Article 34 requires voter approval, it is a potential constraint to the production of affordable housing.

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The City’s Development Code is inconsistent with the most recent changes to State law regarding emergency shelters since it does not identify a zone in which

emergency shelters are allowed “by right”, without a conditional use permit.

Emergency shelters are currently (May 2009) allowed in the Residential High-Density, Commercial Office, Commercial General, Commercial Downtown, and Industrial Limited districts with a Commission Use Permit.

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The availability of financing will likely be a constraint to homeownership for many residents during this Housing Element planning period. The tightening of loan underwriting practices has not permitted many low-income homebuyers to take advantage of lower house prices in the city. As a direct result of the credit collapse, stricter mortgage industry standards also require larger down-payments when purchasing a home.

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According to a local housing developer in San Joaquin County, 90 percent of residential building has come to a halt in Stockton and throughout the County as of March 2008. Builders are reluctant to start new construction projects because the market is extremely over-built and financing is almost impossible to secure. The foreclosure crisis is the main factor causing an over-supply of units, land, and limits on financing. Prospective homebuyers can purchase a nearly new foreclosed home for far less than it would cost a developer to build a new home.

Introduction

State housing law requires the City to review both governmental and non-governmental constraints to the maintenance and production of housing for all income levels. Since local governmental actions can restrict the development and increase the cost of housing, State law requires the Housing Element to “address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing” (Government Code Section 65583(c)(3)).

Potential Governmental Constraints

Local governments have little or no influence on the national economy or the Federal

monetary policies which influence it. Yet these two factors have some of the most significant impacts on the overall cost of housing. The local housing market, however, can be

encouraged and assisted locally. Part of the housing element’s purpose is to require local governments to evaluate their past performance in this regard. By reviewing local conditions and regulations that may impact the housing market, the local government can prepare for future growth through actions that protect the public’s health and safety without unduly adding to the cost of housing production.

It is in the public interest for the government to regulate development to protect the general welfare of the community. At the same time government regulations can potentially

constrain the supply of housing available in a community if the regulations limit the

opportunities to develop housing, impose requirements that unnecessarily increase the cost to develop housing, or make the development process so arduous as to discourage housing developers.

State law requires that housing elements contain an analysis of the governmental constraints on housing maintenance, improvement, and development (Government Code, Section 65583(a)(4)). The Housing Element must also analyze potential and actual constraints on the development, maintenance, and improvement of housing for persons with disabilities. The City of Stockton’s primary policies and regulations that could affect residential

development and housing affordability include land use controls, development processing procedures and fees, impact fees, on- and off-site improvement requirements, and building and housing codes and enforcement. This section discusses these standards and assesses whether any serve as a constraint to affordable housing development.

Land Use Controls

General Plan land use designations and zoning usually create the most significant housing constraints in a city or county. By definition, local land use controls constrain housing development by restricting housing to certain sections of the city and by restricting the number of housing units that can be built on a given parcel of land. The 2035 General Plan sets forth the City’s policies regarding local land development. These policies, together with existing zoning regulations, establish the amount and distribution of land allocated for different uses.

General Plan Land Use Designations

The City of Stockton 2035 General Plan establishes land use designations for all land within the City’s boundaries. These land use designations specify the type of development the City will permit. The 2035 General Plan land includes ten designations that permit a range of residential development types and densities (see Table 4-62 below), including: Residential Estates, Low Density Residential, Medium Density Residential, High Density Residential, Administrative Professional, Commercial, Institutional, Parks and Recreation, Open Space and Agriculture, Mixed Use, and Village. The General Plan allows flexibility by allowing residential uses in a variety of non-residential designations.

For the higher-density designations (HDR, AP, and C), maximum densities differ depending on the location. Development in the downtown is allowed at densities up to 87 du/ac, while higher-density areas outside of the downtown have a maximum density of 29 du/ac.

TABLE 4-62

GENERAL PLAN LAND USE DESIGNATIONS ALLOWING RESIDENTIAL USES Stockton

2008

LU Designation Code Uses

Maximum Net Residential Density (du/ac) Consistent Zoning Districts Residential Estates RE Single-family residential units, public and quasi-public uses, second units, and other similar compatible uses. 1 RE Low Density

Residential LDR

Single-family residential units, duplexes, triplexes, semi- detached patio homes, town homes, public and quasi-public uses, second units, and other similar and compatible uses.

8.7 RL

Medium Density

Residential MDR

Single-family residential units, duplexes, triplexes, semi- detached patio homes, town homes, public and quasi-public uses, second units, and other similar and compatible uses.

17.4 RM

High Density

Residential HDR

Multifamily residential units, apartments, dormitories, group homes, guest homes, public and quasi-public uses, and other similar and compatible uses.

29 outside downtown; 87 downtown RH Administrative Professional AP

Business, medical, and professional offices, residential uses, public and quasi-public uses, and other similar and compatible uses. Retail and other commercial uses are prohibited. This designation is appropriate on the borders of residential areas. 29 outside downtown; 87 downtown CO, UC Commercial C

A wide variety of retail, service, and commercial recreational uses, business, medical and professional offices, residential uses, public and quasi-public uses and other similar and compatible uses. Community or regional commercial centers as well as freestanding commercial establishments are permitted. 29 outside downtown; 87 downtown CN, CG, CD, CL, CA Open Space/Agriculture OSA

Agriculture, parks, single-family residential units, farm worker housing, wetlands, wildlife reserves and other similar and compatible uses and structures related to the primary use of the property for preservation of natural resources or agriculture. Lands under this designation are intended to remain unincorporated and under the jurisdiction of San Joaquin County. 1 du/parcel (40 acre minimum parcel size) OS Mixed Use MU

A mixture of compatible land uses including residential, administrative and professional offices, retail and service uses, industrial, and public and quasi-public facilities to be determined through a Master Development Plan adapted concurrently with the designation of the property as MX.

29 MX

Village V Refer to section below

29 Village Zoning per Specific or Master Plan

Source: City of Stockton 2035 General Plan, December 2008

Village Concept

The 2035 General Plan envisions Stockton as having a vital central district and inner city neighborhoods surrounded by new villages. General Plan Chapter 7, Villages and Districts, describes the village concept. The Village (V) designation applies to new at the periphery of the City. The village concept is used as the primary basis for planning new development areas. Key features of a village include a mix of single-family and multi-family development

developed around a village center that includes supporting commercial, school, public, and recreational uses, which result in a more efficient use of land. The Village designation is considered a “holding” category. Unlike other designations, a specific plan or master development plan is required to be submitted and approved before development can occur. The purpose of the Village designation is to promote the development of a specific plan or master development plan that will provide the details needed to ensure a comprehensive mixed-use proposal is developed in the Village designated areas. While a very low-density residential use is allowed by the designation, the Village designation requires a mix of housing types and densities, including medium and high density residential development. The specific plan or master plan for the villages must use the land use designations listed in Table 4-63. Table 4-63 shows the development intensity standards for the village land use designations and the corresponding zoning designations. As shown in the table, some of the Village designations have higher density/intensity development standards, and minimum densities are specified for several residential categories.

TABLE 4-63

VILLAGE DEVELOPMENT INTENSITY STANDARDS Stockton

2009

Village Designation Units per Net Acre Average Dwelling Corresponding Zoning Designation1

Village Residential Estates (VRE) 1 RE Village Low Density Residential (VLDR) 5.7 RL Village Medium Density Residential

(VMDR) 10.6 RM

Village High Density Residential (VHDR) 25 RH Village Administrative Professional (VAP) 25 CO, UC

Village Commercial (VC) 25 CN, CG, CD, CL, CA Village Mixed Use (VMX)2 _{16-29 MX}

Village Institutional (VIN) 1 PF Village Parks & Recreation (VPR) - Village Open Space (VOS) -

Notes: 1 _{The Specific Plan, once adopted, can replace the City’s Zoning regulations. The Zoning Designations}

shown would be utilized for requirements not specifically addressed in the Specific Plan.

2 _{The Village Mixed Use (VMX) designation is only available for application in Village C, and will require a site of}

at least 100 acres.

Source: Stockton General Plan 2035

The structure of each village will be designed to create a range of neighborhood types. Table 4-64 shows the neighborhood types that are required within each Village specific or master development plan and the land uses allowed in each neighborhood.

TABLE 4-64

VILLAGE NEIGHBORHOOD TYPES Stockton

2009

Neighborhood Type

VRE _{VLDR VMDR VHDR} VAP VMX VC VIN, VPR, VOS

Village Center

Village Center Neighborhoods Outer Village Neighborhoods Transitional Neighborhoods = allowed use

Note: See Table 4-63 for definitions Source: City of Stockton General Plan 2035

Policy DV-5.4 of the General Plan relates to the housing mix within the villages. The policy states that the City shall ensure a mix of residential types and densities within each village. The land area within each village designated for residential uses will be distributed as follows:

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Village Residential Estates (VRE): minimum 5 percent

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Village Low Density Residential (VLDR): 72-78 percent

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Village Medium Density Residential (VMDR): 13-17 percent

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Village High Density Residential (VHDR): 4-6 percent

For example, 4 to 6 percent of the total residential land within a village will be designated VHDR.

The General Plan designates 13 areas (i.e., A through M) as Villages. Most of these areas are located adjacent to the existing City limits, however Village A (i.e., Sanctuary) was recently planned and annexed (see Appendix A-2). The Sanctuary Master Development Plan area totals at 1,967 acres, of which 1,728 acres are considered developable. While the Master Development Plan conceptually identifies the proposed number of units for the entire project, a large lot/small lot Vesting Tentative Map has only been processed and approved for the first phase of development (907 acres). There are 4,008 residential units planned for the first phase of development. This results in a gross density of 4.4 units per acre; however, the net residential density is much higher when land dedicated to infrastructure, open space, and non-residential development is removed. About 30 percent (1,312 units) of the first phase of Sanctuary’s residential units are planned for multifamily development.

Zoning

The City regulates the type, location, and scale of residential development primarily through its Development Code (Title 16 of the Stockton Municipal Code). Table 4-65 lists and describes the 15 zoning districts that allow residential development. The Stockton

Development Code explicitly states the permitted maximum residential density for each zoning district, including residential zones, commercial zones, and other zones. These density standards are consistent with the standards in the General Plan.

TABLE 4-65

RESIDENTIAL ZONING DISTRICTS Stockton

2008 Zoning

Districts Code Zone Description Min. Total Lot Area Density RangeResidential Residential

Estates RE Applied to single-family residential development on large lots. It is intended to provide a transition from rural to urban areas on the urban fringe. 1 acre 1 per lot Residential Low

Density RL

Applied to single-family residential neighborhoods, low-density residential Planned Developments, and/or other low-density residential development, and is intended to

maintain densities and protect existing neighborhood character. 5,000 sf1 _{0 to 8.7 du/acre}

Residential

Medium Density RM

Applied to more intensely developed residential neighborhoods and/or other medium-density residential Planned Developments. Allowable housing types may include single-family independent dwelling units, duplexes, triplexes, townhouses,

and multi-family units. 5,000 sf 8.8 to 17.4 du/acre Residential High

Density RH

Applied to high-density residential neighborhoods. Allowable housing types may include multi-family and various types of group housing, as well as high-density

single-family residential development. 7,500 sf 17.5 to 29 du/acre Commercial

Office CO

Intended to be a transitional area between residential and general commercial uses. The primary uses in this district include offices, incidental retail and/or residential in conjunction with an office, and other compatible uses.

7,500 sf 8.8 to 17.4 du/ac (0 to 29 du/acre in conjunction with office) Commercial

Neighborhood CN Applied to small-scale, limited retail and service areas that are designed to provide for the daily needs of the residents of the immediate, surrounding neighborhood. None 17.5 to 29 du/acre Commercial

General CG

Applied to areas appropriate for a wide variety of general commercial uses, including retail, personal and business services; commercial recreational uses; and a mix of

office, commercial, and/or residential uses. None 0 to 29 du/acre

Commercial

Downtown CD

Applied to the downtown commercial area of the City. The intent of the CD zoning district is to encourage a mixture of high intensity uses to create a lively, pedestrian- friendly environment, with high visual quality. Appropriate uses include large scale commercial offices and office support uses, high-density residential development,

tourist and lodging oriented uses, and governmental facilities. None 0 to 87 du/acre Public Facilities PF

Applied to areas appropriate for a variety of public and quasi-public land uses, including facilities and lands owned by the City, County, State, or Federal

Governments. None 0 to 87 du/acre

Mixed Use MX

Intended to apply to large properties of at least 100 acres that can accommodate a wide range of land uses. A Master Development Plan is required for each MX zoning district to identify specific allowable land uses and development regulations.

Per Master Development

Plan Development PlanPer Master University/

College UC

Applied to areas of the City that are dedicated to private institutions of higher learning, to enable campus modifications or changes with the minimum, appropriate land use regulations. A Master Development Plan is required for each UC zoning district to identify specific allowable land uses and development regulations.

Per Master Development

Plan Development PlanPer Master

1_{10,000 square feet for Duplexes}

Source: City of Stockton, Development Code, February 2008

Table 4-66 shows which land use permit is required for the different types of housing allowed in zones allowing residential uses. If a housing type is allowable in a particular zone, the use is subject to one of the following land use permit requirements:

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Permitted (P). All land uses shown with a “P” in the table are allowed subject to compliance with all applicable provisions of the Development Code. Site Plan Review is required for new construction or for a change to a more intensive, except for those uses that are exempt.

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Land Development Permit (L). All land uses shown as "L" in the table that require construction of new structures or improvements, the expansion of an existing facility, or a change to a more intensive use, as determined by the Director, require the approval of a Land Development Permit.

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Administrative Use Permit (A). All land uses shown with an “A” in the tables are allowed subject to the approval of an Administrative Use Permit. The Director has the decision-making authority to approve an administrative use permit.

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Commission Use Permit (C). All land uses shown with a “C” in the tables are allowed

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