Stockton Planning Commission Meeting - June 9, 2022: Appeal of Mobilehome Park Fee Condition
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Stockton Planning Commission Meeting - June 9, 2022
The Stockton Planning Commission met on June 9, 2022, at 5:31 PM to consider an appeal of a condition of approval for a proposed 122-unit mobilehome park at 2424 S. El Dorado Street. The appeal, filed by the applicant, sought to remove Condition 16 requiring payment of Public Facility Fees (PFF). After presentation by staff, testimony from the applicant's attorney, and commissioner deliberation, the Commission voted unanimously (6-0) to deny the appeal and uphold the condition as originally approved. The meeting adjourned at 7:01 PM.
Consent Calendar
- None.
Public Comments & Testimony
- Brian Winter, attorney for the applicant (Miller Star Regalia), argued that the Housing Accountability Act precludes subjective conditions and that the estimated $3 million fee (based on single-family unit classification) renders the project infeasible. He suggested a square-footage-based fee and noted state law requires impact fees to be based on unit size. He expressed willingness to negotiate with staff to find a middle ground, but acknowledged the commission lacked fee-setting authority.
- No other public comments were made.
Discussion Items
- Staff Presentation (Matt Diaz, Advanced Planning Manager): Explained that the city has authority to collect PFF via encroachment permit, as mobilehome parks do not require building permits. The current fee schedule classifies mobilehome units as single-family detached ($3 million estimated total), but a pending code amendment would reclassify them as multifamily (reducing fee to ~$2 million). Staff recommended denying the appeal, stating Condition 16 is consistent with the PFF ordinance and guidelines.
- City Outside Counsel (Eric Phillips, Burke Williams Sorensen): Clarified that the appeal is properly before the Planning Commission because it challenges a condition of a use permit, not a fee determination under the city manager appeal process. The PFF Guidelines (Section 4) address this exact circumstance.
- Commissioner Discussion: Chair Sanguinetti noted the commission lacks authority to negotiate or waive fees; any fee adjustment would require city council action or a separate appeal to the city manager. Commissioners Rizvi and Garcia emphasized fairness and the need for the developer to pay its fair share, while expressing hope for a negotiated solution based on actual unit impacts.
- Following a recess, the commission reaffirmed that Condition 16 does not specify an amount, allowing the applicant to pursue a fee reduction through the city manager appeal process (per PFF Guidelines) while the condition remains in place.
Key Outcomes
- Motion to Deny Appeal: Moved by Chair Sanguinetti, seconded by Commissioner Garcia. Vote: 6-0 in favor (Ayes: Mallett, Jones, Rizvi, Villapudua, Sanguinetti, Garcia; Absent: Mountain). Resolution 2022-06-09-0501 approved, upholding the Community Development Department Director's original approval with Condition 16.
- Next Steps: The applicant has 10 days to appeal the commission's decision to the city council or may separately appeal the fee amount to the city manager under the PFF Guidelines. The project approval remains valid for 12 months with potential extension.
Meeting Transcript
And welcome to the City of Stockton's Planning Commission hearing held June 9th. There he is. 2022, City of Stockton, 425 North El Dorado Street, Stockton, California, City Council Chambers. Roll call, please. Commissioner Jones. Present. Commissioner Mallet. Present. Commissioner Mountain is absent. Commissioner Isvy? Present. Commissioner Via Pudua. Present. Vice Chair Garcia. Present. Chair Sanguinetti. Here. We have a quorum. Thank you. Commissioner Risvy lead us in the Pledge of Allegiance. Please join me in the pledge. I pledge allegiance through the flag of the United States of America. And it stands. One nation under God. Induisible with liberty and justice for that takes care of items one and two. Now we're at item number three on our agenda, which is the consent calendar. There are no items. And so we'll move to item four, which is public comment. Are there any blue cards? We have no cards, Chair. Okay, is there any public comments in the audience or are you waiting for the hearing? Okay. All right. So given no public comments, we'll move right to the public hearings. Um we have item 5.1, which is an appeal of the community development department director's approval of an amendment administrative amendment or administrative use permit subject to conditions to establish a new 122 unit mobile home park located at 2424 South El Dorado Street. Project number 20 0437 APN 167 070-28. Um there's any disclosures from my fellow commissioners. Okay. Uh seeing none, I'll go to uh open the public hearing and go right to um the staff report. Thank you and good evening, everyone. Matt Diaz Advanced Planning Manager, City of Stockton. The project before you tonight is an appeal to condition of approval for a proposed mobile home project. This project is located at 2424 South El Dorado Street. The project proposes to establish a new 122 unit mobile home park, complete with parking spaces, dry violence, landscaping, lighting on a seven-acre vacant property. Now the request before you tonight is an appeal of a condition of approval on the project. On March 15th, the project was approved. The administrative use permit was approved by the community development director, and on March 24th, the approval was appealed by the applicant. Not to deny the project, but to remove one specific condition regarding the collection of the public facility fee, or also known as development impact fees. The project is designated high density residential development as the general per the general plan. This allows the processing of a mobile home with an administrative use permit.
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