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ZONING MAP AMENDMENT TO REZONE 2.69± ACRES FROM COMMERCIAL, NEIGHBORHOOD (CN) TO COMMERCIAL, GENERAL (CG) AT 9450 WEST LANE AND 1530 EAST MORADA LANE (APPLICATION NO. P25-0025)
recommended action
RECOMMENDATION
It is recommended that the City Council adopt an Ordinance approving a Zoning Map Amendment to rezone 2.69± acres (APNs 090-550-64 and -65) from Commercial, Neighborhood (CN) to Commercial, General (CG).
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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 the project parcels, APNs 090-550-64 and -65 (2.69± acres) from Commercial, Neighborhood (CN) to Commercial, General (CG) as drive-through facilities are not permitted uses in the CN zoning district but are allowed in CG with a Land Development Permit. A General Plan amendment is not required as the proposed zoning is consistent with the current General Plan land use designation of Commercial.
The Project required approval of 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. Therefore, on December 11, 2025, the Planning Commission reviewed and approved the Tentative Parcel Map, Land Development Permit, and Design review components of the project, and recommended City Council approval of the Zoning Map Amendment by a unanimous vote (6-0 with Commissioner Graves absent). The Planning Commission’s approvals are contingent on the City Council’s approval of the Zoning Map Amendment.
With approval and as conditioned, 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). It is also consistent with all applicable Development Code (Title 16) standards related to the proposed uses and site development.
Staff recommends the City Council approve the proposed Zoning Map Amendment for the project site.
DISCUSSION
Background
As shown in Attachment A - Vicinity 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 of the Zoning Map Amendment Ordinance, the Project proposes to 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, although supportive of the rezone, the gas station representatives opted out of the rezone due to potential significant processing delays with the corporate ownership of the property. Therefore, the gas station 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 Proposed Ordinance, all necessary findings can be made to support the proposed Zoning Map Amendment action.
Tentative Parcel Map
As previously mentioned, the Planning Commission approved a Tentative Parcel Map for the proposed project, contingent on City Council approving the Zoning Map Amendment. 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.
As shown in Attachment D - 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.
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 Ordinance, all necessary findings can be made to support the recommended Zoning Map Amendment action.
Development Permits
The Planning Commission approved a Land Development Permit and Design review for the proposed project, contingent on Council’s approval of the zoning map amendment. As shown in Attachment E - Development Plan of the proposed Development Project, 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.
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.
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.
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. 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.
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.
PLANNING COMMISSION
On December 11, 2025, the Planning Commission reviewed the proposed Zoning Map Amendment, as well as the Tentative Parcel Map, Land Development Permit, and Design review requests for the proposed commercial development. After hearing staff’s presentation, the project applicant, and no testimony from the general public, the Planning Commission unanimously voted 6-0, with Commission Graves absent, in favor of the project approving the development permits, subject to Council approval of the Zoning Map amendment (Attachment F - Planning Commission Resolutions).
PUBLIC COMMENTS
Notice for the City Council public hearing was published in the Stockton Record and mailed to all property owners within a 300-foot radius of the project site on January 28, 2026. At the time of the writing of this report, there were no public comments.
FINANCIAL SUMMARY
Approval of the Project would allow the proposed commercial development to occur; therefore, providing the City’s General Fund with additional revenue collected through Sales Tax earned by the restaurants and any future tenants, and additional property taxes by all parcels.
Attachment A - Vicinity Map
Attachment B - General Plan Map
Attachment C - Zoning Map
Attachment D - Tentative Parcel Map
Attachment E - Development Plans
Attachment F - Planning Commission Resolutions