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REQUEST FOR A WAIVER TO INCREASE FENCE HEIGHT TO SEVEN FEET AT 200 NORTH WILSON WAY (APNs 153-030-24; -30) (P25-0169)
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RECOMMENDATION
Staff recommends the Planning Commission:
1. Find no further environmental review is necessary as the project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303(a) - New Construction or Conversion of a Small Structure; the Project is also exempt pursuant to CEQA Guidelines Section 15311 - Accessory Structures; and CEQA Guidelines Sections 15332 - In-fill Development Projects; and
2. Adopt a Resolution approving a Waiver to increase the height of a fence, subject to conditions.
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Summary
The applicant, Taylor Martinez on behalf of Monty’s Car Wash, has applied for a Waiver to install a seven (7) foot tall fence along the perimeter of their car wash business at 200 North Wilson Way. The Stockton Municipal Code allows up to five feet (5’) in height. The application for the Waiver is herein referred to as the “Project.
On August 14, 2025, the Planning Commission reviewed a General Plan Amendment, Zoning Map amendment, Administrative Use Permit, and Design Review request for a car wash development at the Project site. The Planning Commission approved the Administrative Use Permit and Design Review requests and recommended approval of the General Plan Amendment and Zoning Map Amendment requests to the City Council. The Commission also approved the Design Review request for the development. On May 13, 2025, the City Council approved the development’s request for a General Plan Amendment and Zoning Ordinance Amendment. (Attachment A - Approved Resolutions 2025-03-27-0502-01; -02; -03 and 2025-05-13-1604).
The original approval consisted of a self-serve drive through tunnel style Car Wash (“Car Wash”) on seven (7) parcels at the northeast corner of Wilson Way and Channel Street. The Car Wash consists of a new 4,504 square-foot building, vacuum equipped parking stalls, landscaping, and lighting. The primary site access to the Car Wash is located on Channel Street.
At the time of the original approval, the proposed fence height was not included in the entitlement package. The applicant is now seeking an increase in height from the 6-foot maximum permitted height to 7 feet in height along the front and side setback areas, for which the applicant has applied for a Waiver of the SMC standards for fencing in SMC 16.48.050 and SMC 16.48.060.
Staff recommends the Planning Commission approve the requested Waiver as all required findings under Section 16.176.040 (Waiver Findings and Decision) can be made in the affirmative.
DISCUSSION
Background
The Project site is located on seven (7) parcels as shown in Attachment B - Aerial Photo and Location Map which include APNs 153-030-024 through 153-030-30. The site is bound to the:
• North, South and West by commercial uses zoned CG, and vacant lands zoned CG; and,
• East by industrial uses on lands zoned Industrial, Limited (IL).
The 2040 General Plan Land Use Map designates the subject site as Commercial (Attachment C - General Plan Map) and the Zoning designation is Commercial-General (CG) (Attachment D - Zoning Map).
Present Situation
The applicant is requesting a Waiver to increase the height of their perimeter fence (Attachment E - Project Plan) from five (5) feet to seven (7) feet to increase onsite security measures in a cost-effective manner.
For the applicant to increase the height of their fence, the Planning Commission must consider approval of a Waiver per the parameters provided under Stockton Municipal Code (SMC) Section 16.176, further discussed in this report.
In SMC 16.48.050, the Maximum Height of a fence outside the MHD Overlay District may be up to five (5) feet tall. An approved Administrative Exception under SMC 16.112 could allow up to a 30% increase, or 6’-6” in height; however per the Applicant, the type of fence proposed (welded-metal) only comes in one-foot increments, making a 6’-6” fence height cost-prohibitive. Therefore, a Waiver under SMC 16.176 is the only option the Applicant could pursue to accomplish their goals of a seven-foot tall (7’) fence.
STAFF ANALYSIS
Waiver (SMC Section 16.176.040)
The Planning Commission has the discretion to waive development standards to promote and support local economic business growth throughout the city. The applicant is requesting the Planning Commission grant a waiver to the requirement as described in the analysis section above as they would like the additional security a taller fence provides, and type of fencing being installed only comes in one-foot increments.
Per SMC 16.176.040, there are six (6) findings for Waivers and the applicant is required to provide justification to the Planning Commission for support of the Waiver (Attachment F - Waiver Justification Letter). These are listed below as well as the applicant’s justification for support of the findings:
1) The granting of the Waiver shall enable the site to be utilized so that specific standards can be addressed without creating undue hardship.
Applicant’s Response: Standard fence height for the purpose of securing a property is minimum 7-feet for a commercial property such as this. Additionally, standard fence heights for tube steel fences are provided in 1-foot increments, therefore a 6’-6” fence height, as could be permitted through an administrative exception (as opposed to the waiver) would not be feasible.
Staff’s Response: Staff concurs with the Applicant’s finding and provides no additional review.
2) The granting of the Waiver shall allow for the economic viability and use of the site.
Applicant’s Response: As mentioned above, security of the site is the primary purpose of this 7-foot-tall fence. Due to the location of this site, providing a properly secured perimeter fence is essential to the economic viability of the car wash business at this site.
Staff’s Response: Staff concurs with the Applicant’s finding and provides no additional detail.
3) The granting of the Waiver, with conditions that are imposed, will not be detrimental to the public convenience, health, interest, safety, or general welfare of the City or injurious to the property or improvements in the zone or neighborhood in which the property is located.
Applicant’s Response: A 7-foot-tall high open, tube steel fence will not be detrimental to the public convenience, health, interest, safety, or general welfare of the City or injurious to the property or improvements in the zone or neighborhood in which the property is located because it will allow the public to utilize the services of the car wash business in a more safe and secure environment. The design of the fence, as being open with narrow (3/4” wide) tube steel pickets, allows the property to still feel open and welcoming. Additionally, the selection of black for the powder coated finish, allows the fence to blend in with the surrounding landscape rather than intrude on it.
Staff’s Response: Staff concurs with the Applicant’s finding. The proposed fence location complies with SMC 16.36.140 (Traffic Sight Area) for visibility as the fence is comprised of steel pickets that are narrow and allow direct sight lines into the development, and there will be no additional visual obstructions above 30 inches in front or behind the fence.
4) The granting of the Waiver will be consistent with the general land uses, objectives, policies, and programs of the General Plan, any applicable specific plan, precise road plan, or master development plan, and the intent of this Development Code.
Applicant’s Response: The granting of the waiver will be consistent with the general land uses, objectives, policies, and programs of the General Plan, any applicable specific plan, precise road plan, or master development plan, and the intent of this Development Code.
Staff’s Response: Staff has confirmed that there would be no inconsistencies with the General Plan policies and objectives; there is no applicable specific plan at this location; there is no applicable precise road plan at this location; there is no applicable master development plan at this location; and the approval of the Waiver to increase the height of the perimeter fence still meets the intent of the SMC.
5) The granting of the Waiver will not conflict with applicable provisions of the latest edition of the California Building Code and Fire Code and other applicable Federal, State, and local laws and regulations.
Applicant’s Response: The granting of the waiver will not conflict with applicable provisions of the latest edition of the California Building Code and Fire Code and other applicable Federal, State, and local laws and regulations
Staff’s Response: Staff adds that approval of the Waiver would not conflict with any provisions in the CBC or Fire Code, or other applicable Federal, State, and local laws or regulations. The applicant is solely requesting to increase the height of their perimeter fence. All egress points will be code compliant.
6) The granting of the Waiver will be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines.
Applicant’s Response: The proposed fence is Categorically Exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15303(c), New Construction or Conversion of a Small Structure, because it includes the construction of a store, motel, office, restaurant or similar structure, in this case a fence, not involving the use of significant amounts of hazardous substances and not exceeding 2,500 square feet in floor area.
The Project, with approval of a Waiver, meets all applicable findings and staff recommends approval of the Waiver to the Planning Commission.
Environmental Clearance
The proposed fence is Categorically Exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15303(c), New Construction or Conversion of a Small Structure, because it includes the construction of a store, motel, office, restaurant or similar structure, in this case a fence, not involving the use of significant amounts of hazardous substances and not exceeding 2,500 square feet in floor area. The Project also qualifies for Categorical Exemption under CEQA Guidelines section 15311 - Accessory Structures, as the installation of a fence is considered minor in nature and is limited to a commercially zoned site. Lastly, the Project is also Categorically Exempt under CEQA Guidelines section 15332, In-Fill Development Projects as the site is within the downtown area on a vacant lot surrounded by developed parcels.
Public Comments
Notice for this item was published in the Record on October 10, 2025, and a notice has been sent to all property owners within a 300-foot radius of the project parcel on October 10, 2025. As of the writing of this report, staff has not received any public comments regarding the proposed Project.
Attachment A - Approved Resolutions 2025-03-27-01 through 03 (P24-0150)
Attachment B - Aerial Photo and Location Map
Attachment C - General Plan Map
Attachment D - Zoning Map
Attachment E - Project Plan
Attachment F - Waiver Justification Letter
This staff report was prepared by Nicole D. Moore, Contract Planner. She may be contacted at 209-937-8444 or Nicole.Moore.CTR@stocktonca.gov.