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ZONING MAP AMENDMENT, TENTATIVE PARCEL MAP, LAND DEVELOPMENT PERMIT, AND DESIGN REVIEW TO ESTABLISH A COMMERCIAL DEVELOPMENT LOCATED ON 2.69± ACRES AT 9450 WEST LANE AND 1530 EAST MORADA LANE (APPLICATION NO. P25-0025)
recommended action
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following:
1. A Resolution forwarding a recommendation to the City Council to approve a Zoning Map Amendment to rezone 2.69± acres (APNs 090-550-64 and -65 from Commercial, Neighborhood (CN) to Commercial, General (CG); and
2. A Resolution approving a Tentative Parcel Map to subdivide 2.69± acres into three lots, a Land Development Permit, and Design Review for two new restaurants and one commercial shell building, subject to conditions.
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Summary
The applicant, Grove Development Company, is proposing to develop 2.69± acres of vacant commercial land with two (2) restaurant buildings with drive-through facilities and outdoor dining, one speculative commercial building, and associated improvements, herein referred to as the “Project”. The Project site is located at 9540 West Lane and 1530 East Morada Lane and is adjacent to an existing fueling station with convenience store and carwash located at 9484 West Lane, along the southeast corner of West Lane and Morada Lane.
To develop the Project, the applicant is requesting a Zoning Map Amendment to rezone 2.69± acres, APNs 090-550-64 and -65, from Commercial, Neighborhood (CN) to Commercial, General (CG). Drive-through facilities are not permitted uses in the CN zoning district but are allowed in CG. A General Plan amendment is not required as the proposed zoning is consistent with the current General Plan land use designation of Commercial.
The applicant is also requesting a Tentative Parcel Map (TPM) to create three (3) parcels from the existing two (2) parcels, a Land Development Permit for drive-through facilities and outdoor dining and seating, and Design Review for the overall proposed development.
The Project is consistent with the 2040 General Plan Land Use Map designation of Commercial. The Project would further General Plan policies aimed at attracting employment and tax-generating businesses in the City (Policy LU-4.2), prioritizing development and redevelopment of vacant, underutilized, blighted infill areas (Policy LU-6.2), and ensure that land use decisions balance travel origins and destinations in a close proximity as possible, and reduce vehicle miles traveled (Policy LU-6.4).
The Project, with approval of the Zoning Map Amendment and as conditioned, is consistent with all applicable Development Code (Title 16) standards related to the proposed uses and site development.
Generally, the Community Development Director can approve a Tentative Parcel Map, Land Development Permit, and Design Review. However, since the Project includes a Zoning Map Amendment (Rezone) that requires Planning Commission review and recommendation to the City Council, the Director has elevated all Project actions to the Planning Commission and, ultimately, Council, for consideration (in accordance with Stockton Municipal Code Sections 16.88.050(B)(5) and 16.212.070(B)(7)).
Staff recommends that the Planning Commission approve the Tentative Parcel Map, Land Development Permit, and Design Review for the proposed commercial development, and forward a recommendation of approval to the City Council for the proposed Zoning Map Amendment.
DISCUSSION
Background
As shown in Attachment A - Location Map, the Project site is located at the southeast corner of West Lane and East Morada Lane, partially developed with an existing fueling station with a convenience store and car wash facilities. The existing fueling station and associated uses was constructed in the early 1990’s and is not being altered with this Project.
The Project area is surrounded by:
• Vacant land to the west, (across West Lane) with approved entitlements for a new low density residential subdivision “Agave Subdivision” and McNair High School;
• Vacant land in unincorporated San Joaquin County to the north, (across Morada Lane) with a General Plan land use designation of Low Density Residential; and
• Low-density residential neighborhoods to the east and south.
The project site is designated as Commercial by the 2040 General Plan Land Use Map (Attachment B - General Plan Land Use Map) and is currently zoned Commercial, Neighborhood (CN) (Attachment C - Zoning Map).
Project Description
Zoning Map Amendment (Rezone)
As shown in Exhibit 1 - Zoning Map Amendment of the proposed Rezone Resolution, the Project proposes to a change the zoning designation of the Project site from CN to CG in order to facilitate the drive-through restaurants, since those are not permitted in the current CN zoning district pursuant to Table 2-2 (Allowable Land Uses and Permit Requirements) in SMC 16.20.020. Drive-through facilities are permitted in the CG zoning district with a Land Development Permit. The CG zoning district is intended to provide areas 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. In contrast, the CN zoning district is intended for small-scale, limited retail and service areas that are designed to service adjacent residential communities.
The applicant asked the property owners of the existing fueling station if they wanted to be included in the rezone so that all parcels would have the same zoning designations; however, the gas station representatives opted out and will remain zoned CN (Commercial, Neighborhood).
The proposed Zoning Map Amendment is consistent with the Commercial land use designation in the General Plan Land Use Map as both CN and CG are compatible zoning districts per SMC 16.16.020, Table 2-1: Zoning Districts and Equivalent General Plan Designations. As reflected in the attached Proposed Resolution, all necessary findings can be made to support the proposed Zoning Map Amendment action.
Tentative Parcel Map
The Project site consists of two parcels: APN 090-550-64 (0.77± acres) and APN 090-550-65 (1.92± acres), as shown in Attachment A. The adjacent commercial site, APN 090-550-63 (1.09± acres), is currently developed with a fueling station and carwash and is not part of this project. The existing parcels currently share a 30-foot-wide Non-exclusive access easement (NEAE) and Public Utility Easement (PUE) that runs along the shared parcel boundaries through the center of the site and down to the frontage road to the south (notated on the proposed TPM).
As shown in Exhibit 1 - Tentative Parcel Map of the proposed Development Project Resolution, the proposed Tentative Parcel Map divides up the 2.69± acre Project site into three (3) parcels as follows:
Parcel Use Acres (AC)
“A” Drive-thru restaurant w/ outdoor seating 0.88±
“B” Drive-thru restaurant 1.12±
“C” Speculative building 0.69±
The proposed Map will realign the existing NEAE and PUE to accommodate the Project. The southern leg of the NEAE that connected to the frontage road to the south will be abandoned to allow for the proposed development and a new curb, sidewalk, gutter, and a new right-out-only curb cut will be installed to provide vehicular egress from the frontage road to West Lane.
In accordance with SMC Section 16.24.070, Table 2-4: Development Standards - Commercial Districts, there are no minimum parcel sizes in the CG zoning district, and the proposed parcel sizes allow for an orderly development of the site; therefore, as reflected in the Proposed Resolution, all necessary findings can be made to support the proposed Zoning Map Amendment action.
Development Permits
As shown in Exhibit 2 - Development Plan of the proposed Development Project Resolution, the Project includes the development of two (2) drive-through restaurants on Parcel A (“Starbucks”) and Parcel B (“McDonald’s”) and one speculative commercial building on Parcel C. The project includes shared improvements such as parking lots, which are designed to allow for free movement between lots. Pursuant to Table 3-9 (Parking Requirements by Land Use) in SMC 16.64.040(I), fast food restaurant uses have a parking ratio of 1 space per 100 square-feet and general commercial uses have a parking ratio of 1 space per 250 square feet. A total of 95 parking spaces is required for the project and 91 are proposed. However, proposed parcel A, as shown in the proposed Tentative Parcel Map (Exhibit 1 of the Proposed Resolution), has an existing private parking easement on the adjacent fueling station parcel that will remain. The Private parking easement is located to the rear (east side) of the building and contains eight (8) parking spaces. Therefore, with the addition of the parking spaces in the parking easement, the Project provides a total of 99 parking spaces. The existing fueling station and carwash site provides 17 parking spaces above its minimum requirements, allowing the proposed project to utilize the eight (8) spaces in the parking easement. The fueling station and carwash provides 28 parking spaces; 12 stalls at the fuel pumps, 11 stalls at the building frontage, and five (5) stalls at the vacuum stations. Pursuant to current parking requirements, a fueling station requires one (1) stall per 400 square-feet and a carwash requires three (3) stalls per wash lane; requiring only 11 of the existing 28 spaces.
Land Development Permit
Pursuant to Table 2-2 (Allowable Land Uses) in SMC 16.20.020 and 16.80.250 (Outdoor dining and seating areas), respectively, drive through facilities in the CG zoning district and outdoor dining and seating areas, require a Land Development Permit. Outdoor dining and seating areas are subject to the applicable standards in SMC Section 16.80.250, which includes requirements regarding adequate cleaning facilities, parking, and compatibility with the surrounding uses. The outdoor dining and seating area for the proposed restaurant on Parcel “A” (Starbucks) incorporates architectural elements from the building and is situated in a manner to not obstruct any traffic and pedestrian circulation routes.
Starbucks (Parcel A) and McDonald’s (Parcel B) will both be built with drive-through facilities. SMC Section 16.80.150 prescribes standards for drive-through facilities in order to address potential traffic, congestion, excessive pavement, litter, noise, and unsightliness issues. The proposed Project is in conformance with these standards as the proposed drive-through facilities have a minimum 12-foot-wide lane width, are separated by curbing and landscaping, are adequately screened from public right of way with landscaping and shrubbery, and the applicant team shall install an 8-ft tall masonry wall adjacent to residential uses.
SMC Section 16.80.150 also establishes a minimum of 100 feet of space from drive-through lane entry to menu/order board. Starbuck’s drive-through lane is a single lane with 160± feet, approximately the length of eight (8) vehicles of queuing distance. The drive-through lane is setback from the adjacent residential properties by a 15-ft landscaped area and an existing 6-ft tall concrete masonry unit (CMU) wall. The McDonald’s site includes a double drive-through with each lane providing 60± feet of queuing distance, totaling 120 feet, which can accommodate approximately six (6) vehicles. McDonald’s also includes an additional exit lane and two (2) waiting parking spaces to assist in the efficient movement of vehicles. The drive-through lane runs along the street frontage and is screened by shrubs and landscaping.
Staff affirms that the aspects of the project that are subject to a Land Development Permit as conditioned, and in context with the project as a whole, meets the required Land Development Permit findings prescribed in SMC Section 16.136.060 (Findings).
Design Review
SMC Section 16.120.020(A)(2) requires Design Review approval for all new commercial buildings. The merits of Design Review requests are weighed against their ability to conform to the Citywide Design Guidelines. Section 4.01 (General Commercial Design Guidelines) provides the relevant reference point for the City’s expectations for quality development in commercial zones. On February 26, 2025, the Project’s design package was reviewed for consistency and conformity with the Design Guidelines by the Architectural Review Committee (ARC). The ARC recommended minor design considerations and ultimately recommended approval.
Parcel “A”, Starbucks, is proposed to be developed with a ±2,200 square foot drive-through restaurant building. The design of the building includes stucco as the primary base material accentuated with horizontal lap siding (James Hardie Plank) on key locations such as drive-through window and primary pedestrian entry area. Additional accent features include metal canopies above the drive-through pick up window and outdoor seating area. The color theme includes neutral tones such as greys (iron ore, grey maters) and browns (timer bark) with accent white tone “snowbound”.
Parcel “B”, McDonald’s, is proposed to be developed with a ±3,752 square-foot drive-through restaurant building. The design of the building also includes stucco as a base material along with fiber cement lap siding (James Hardie Plank). Accent materials include aluminum batten siding, aluminum trellis, and canopies at drive-through windows and storefront entries. The color theme includes neutral tones such as browns (wood grain and timber bark) and greys (charcoal and iron ore) with accent yellow and white.
Parcel “C” is proposed to be developed with a ±8,784 square foot speculative commercial building. The design of the building includes two tone stucco as the primary base material accentuated with horizontal lap siding (James Hardie Plank) on alternating facades. The color theme includes neutral tones such as greys (iron ore, grey maters) and browns (timer bark) with accent white tone “snowbound” complementing the two other buildings.
Landscape plans propose use of a mixed plant palette throughout the parking medians and designated landscape setback and screening areas. Landscape plan includes a variety of 15-gallon trees such as Crape Myrtles, Chinese Pistache, Australian Willow and Tupelo, as well as a variety of 5- and 1-gallon shrubs, and groundcover.
Per SMC 16.120.060 (Findings), the Project shall meet the adopted City Standards based upon consistency with the Design Review findings which include: consistency with the Development Code; design consistent with the Citywide Design Guidelines; the design, color and materials visually compatible with surrounding development; location of structures is compatible with the surrounding development; general landscape is designed to provide an attractive environment; the design and layout will not interfere with the neighboring development or pose pedestrian hazards; the Project has been designed to ensure the intended use will best serve the potential user; and special requirements or standards have been adequately incorporated where applicable. Staff affirms that the Project can meet all findings related to Design Review.
Environmental Clearance
The Project is Categorically Exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15332, Infill Development Projects, because the project is consistent with its current General Plan land use designation of Commercial and with approval of the Zoning Map Amendment (Rezone), will be consistent 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.
Public Comments
Notice for the Planning Commission public hearing was published in the Stockton Record and mailed to all property owners within a 300-foot radius of the project site on November 21, 2025. At the time of the writing of this report, there were no public comments.
Attachment A - Vicinity Map
Attachment B - General Plan Map
Attachment C - Zoning Map
This staff report was prepared by Arturo Carrasco, Senior Planner; Phone: (209) 937-8955; E-mail: Arturo.Carrasco@stocktonca.gov