Stockton Planning Commission Meeting - May 25, 2023
Stockton Planning Commission Meeting - May 25, 2023
The Stockton Planning Commission met on May 25, 2023, at 5:31 PM, and adjourned at 6:20 PM. The primary action was a recommendation to the City Council to amend a development agreement and density transfer agreement for the Spanos Park West Master Development Plan, extending its deadline by 10 years.
Consent Calendar
- 23-0441 Approval of Planning Commission Minutes: Motion 2023-05-25-0301 to approve the minutes of the March 23, 2023, meeting was moved by Terry Hull, seconded by Brenda Jones, and carried 4-0 (Commissioners Anne Mallett, Brenda Jones, Greg Thompson, Terry Hull yes; Waqar Rizvi, Gurneel Boparai, Rajan Nathaniel absent).
Public Comments & Testimony
- Mary Elizabeth spoke on two items:
- Under Public Comment (agenda item 4), she stated that a “round the bench memo” was not provided to the public at the April 2023 meeting, violating the California Government Code. She requested compliance for open and transparent meetings.
- During the public hearing on agenda item 5.1, she opposed the development agreement amendment without an increased in-lieu fee. She argued the proposed $2,000 per unit fee is insufficient, noting inflation and the average cost to build an apartment unit in California ($70,000–$200,000). She cited the city's Housing Element goals and disproportionate construction of above-moderate income housing, stating the community suffers from a lack of affordable housing. She urged the Commission not to recommend the amendment without a significantly increased commitment and in-lieu fee.
Discussion Items
- Agenda Item 5.1: Recommendation to City Council to Adopt an Ordinance Approving an Amendment to a Development Agreement and Density Transfer Agreement for the Spanos Park West Master Development Plan
- Staff Presentation: Matt D., Advanced Planning Manager, explained the project history. The original 2002 agreement required 935 high-density multifamily units in exchange for allowing more single-family homes. A 2008 amendment added an in-lieu fee option ($2,000 per unit) and updated the remaining obligation to 635 units. As of 2023, 95% of the project is built, but the 635 units or fees have not been fulfilled. The proposed amendment extends the development agreement from its 2022 expiration for an additional 10 years (to 2033), without changing other obligations. Future construction must comply with city standards. Staff recommended a resolution finding the project categorically exempt from CEQA and approving the amendment.
- Applicant Presentation: Jim Jemison, A.G. Spanos Construction Inc., stated the company seeks more time due to market conditions (e.g., the Great Recession, fluctuating interest rates). He noted nearby proposed projects (Crystal Bay, Delta Cove) will include over 400 and 300 high-density units, respectively, which could fulfill the obligation. He emphasized the amendment only asks for time extension.
- Commissioner Questions and Discussion:
- Commissioner Greg Thompson asked about power lines restricting development; staff clarified the lines are 69 KV and difficult to relocate.
- Commissioner Gurneel Boparai (arrived at 5:36 PM) asked about the project’s history, market demand, and affordable housing. The applicant and staff responded that high-density development is market-driven and the city is supportive but must work with developers. Commissioner Boparai expressed support for the project, citing its engineering (e.g., floodplain management) and the need to support local businesses.
- Commissioner Terry Hull sought clarification on where high-density units might be built (Crystal Bay, Delta Cove, a triangle parcel near Walmart).
- Staff noted the 2002 requirement stemmed from a now-eliminated housing element standard, and the primary goal is to get units built, not in-lieu fees.
- No further public comments after Mary Elizabeth.
Key Outcomes
- Motion 2023-05-25-0401: Moved by Greg Thompson, seconded by Brenda Jones, to waive the reading of correspondence (Paul Kasson’s letter) into the record. Carried 4-0 (Commissioners Mallett, Jones, Thompson, Hull yes; Rizvi, Boparai, Nathaniel absent).
- Resolution 2023-05-25-0501: Moved by Greg Thompson, seconded by Terry Hull, to recommend the City Council: (1) find the project categorically exempt from CEQA (General Rule §15061(b)(3)); (2) adopt an ordinance amending the Spanos West Business Park Development Agreement and Density Transfer Agreement to extend the deadline by 10 years. Carried 5-0 (Commissioners Mallett, Jones, Thompson, Hull, Boparai yes; Rizvi and Nathaniel absent).
The Commission also received reports from Community Development Director Stephanie Ocasio on the cannabis lottery (closing June 15, 2023), the draft Housing Element, upcoming Neighborhood Action Plan workshops, and the city’s pro-housing designation from HCD. Commissioners thanked staff and adjourned.
Meeting Transcript
Good evening, everyone, and welcome to the Planning Commission meeting for May 25th, 2023. At this time, I would like to ask the city clerk to please take roll. Commissioner Jones. Present. Chair Mallet, present. Commissioner Hall. Present. Chair Chair Revzi is absent. Vice Chair Nathaniel is absent. Chair uh Commissioner Thompson? Present. Commissioner Bopari is absent. We have a quorum. Thank you. I'd like to ask Commissioner Hall to please lead us in the flag salute. I think the United States of America and to the Republic for which you stand under God. And liberty and justice for all. So agenda item three is the sentence. So moved. I'll second. Okay, I have a um motion from Commissioner Hall and a second from Commissioner Jones. Could everyone please vote. Motion passes 4-0 with Vice Chair Nathaniel, Chair Rivzi, and Commissioner Bapari being absent. Thank you. Moving on to agenda item number four. This uh public comment section is for reserved for any comments within the jurisdiction of the planning commissioner. Um that is not on the agenda today. Um do we have anything, Clerk? Yes, Chair, we have one. Mary Elizabeth. Thank you, Mary Elizabeth. At the last planning commission meeting that I attended in April 2023, no member of the public in attendance received a copy of the around the bench memo in violation of the below referenced government code, which states writings that are public records described in subdivision B and distributed during a public meeting shall be made available for public inspection at the meeting if prepared by the local agency, or a member of its legislative body, or after the meeting if prepared by some other person. These writings shall be made available in appropriate alternate formats upon request by a person with a disability. Subsequently, I provided comments to the legislative environmental council committee on 517 2023, during which items which were not prepared in advance and which were so small as to be ill illegible were distributed for consideration by the council committee after I had made the comment regarding the requirement to prepare copies for members in attendance so that the same information available to the council committee were available to the members of the public providing comments. Please comply with the government code for open and transparent meetings. Staff believes that this comment was not intended for public hearing tonight, but the chair's uh permission staff would like to move it under general comment. That's fine, go ahead. And certainly would you like that read into the general comment section? Or is because it was submitted in advance, we can also just add it to the record with a waiver vote. Just to add it to the record. Okay. Um just in an abundance of formality and transparency. If you could do a waiver of the reading, just so we have a record of that. Okay. So could I have a motion to um waive the reading of this comment? I'll make a motion to waive the reading of the public comment. I'll take it. All right. Could everyone please vote? Motion passes 4-0 with uh Chair BZ and by Shannon Daniel and Commissioner Bapari being absent.
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