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REQUEST FOR A COMMISSION USE PERMIT AND DESIGN REVIEW TO ALLOW THE DEVELOPMENT OF A CHILD CARE CENTER AT 2739 AND 2741 HAWAII AVENUE (APN: 163-070-47) (P25-0092)
recommended action
RECOMMENDATION
Staff recommends the Planning Commission:
1. Find that the proposed Project is Categorically Exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15332, In-Fill Development; and
2. Adopt a Resolution approving a Commission Use Permit and Design Review to allow the development of a child care center at 2739 and 2741 Hawaii Avenue (APN 163-070-47), subject to conditions.
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Summary
The applicant, Lars Gullberg, on behalf of the Housing Authority of San Joaquin County, seeks to develop a child care center on a 18,712± square foot parcel addressed as 2739 and 2741 Hawaii Avenue within the RM (Residential, Medium Density) zoning district with a General Plan land use designation of Medium Density Residential, herein referred to as the “Project.” The project site is located within City Council District 5.
Stockton Municipal Code (SMC) defines a child care center/day care center as “establishments providing non-medical care for persons on a less than 24-hour basis other than family day care. This classification includes nursery schools, preschools, and day care facilities for children or adults, and any other day care facility licensed by the State of California.” Pursuant to SMC Section 16.20.020, Table 2-2, “Allowable Land Uses and Permit Requirements,” a Commission Use Permit is required for a child care center in the RM zoning district. Further, SMC Section 16.120.020 requires Design Review for new commercial development throughout the City.
Staff thoroughly evaluated the project against the applicable child care facilities standards provided in SMC Section 16.80.100, respectively, and all other applicable provisions of the Municipal Code. The Project is also consistent with the Medium Density Residential designation outlined in the 2040 General Plan as it supports General Plan goals and policies aimed at ensuring that the siting, scale, and design of new development is compatible with surrounding and adjacent buildings, public spaces, and cultural and historic resources (Policy LU-3.1), prioritizing development and redevelopment of vacant, underutilized, and blighted infill areas (Policy LU-6.2), ensuring that land use decisions balance travel origins and destination in as close proximity as possible (Policy LU-6.4), and encouraging neighborhood-serving commercial uses in areas where frequently needed goods and services are not widely available (Policy CH-3.2). The project design was reviewed for consistency and conformity with the Design Guidelines by the Architectural Review Committee (ARC) who made a recommendation of approval. Therefore, staff recommends the Planning Commission approve the requested Commission Use Permit and Design Review subject to conditions, as all SMC required findings can be made in the affirmative.
DISCUSSION
Background
The subject site is a vacant 18,712± square foot parcel, located on the northwest corner of the intersection of Hawaii and Houston Avenues (Attachment A- Location Map). The site has a General Plan Land Use designation of Medium Density Residential (Attachment B - General Plan Land Use) and is within the RM (Residential, Medium Density) zoning district (Attachment C - Zoning Map). The parcel was previously part of the overall Conway Homes parcel, but was separated by a Lot Line Adjustment recorded on April 4, 2025. The site previously contained a duplex and a single-family residence which were demolished in 2024. The property is owned by the San Joaquin County Housing Authority.
The site is bound to the:
• North and east by the San Joaquin County Housing Authority’s Conway Homes community.
• West by the Van Buskirk No. 3 subdivision of single-family residences; and
• South by the Van Buskirk Golf Course.
Project Description
The Applicant proposes to develop a 3,644± square foot day care center to accommodate a total of 58 children and associated on-site improvements such as landscaping, lighting, vehicle parking lot, and trash enclosure (Attachment D - Site Plan).
To develop the Project, the Planning Commission is asked to consider approval of a Commission Use Permit and Design Review, subject to conditions.
STAFF ANALYSIS
Day care centers are defined in SMC, Section 16.244.020 as “establishments providing non-medical care for persons on a less than 24-hour basis other than family day care. This classification includes nursery schools, preschools, and day care facilities for children or adults, and any other day care facility licensed by the State of California.”
The project property is zoned RM (Residential, Medium Density) and, per SMC Table 2-2: Allowable Land Uses and Permit Requirements, requires approval of a Commission Use Permit. The project must also meet the standards specified in SMC, Section 16.80.100 Child Care Facilities.
Section 16.80.100 of the SMC, establishes standards for the provisions of child care facilities. The standards are cited below followed by an explanation of how the proposed project is compliant:
1. License. The operator shall secure and maintain a license from the State of California Department of Social Services.
The project will be conditioned to require compliance with State of California requirements, including securing and maintaining the required license.
2. Fence or Wall. A minimum six-foot high solid decorative fence or wall shall be constructed on all property lines, except in the front yard or within a traffic sight area (Section 16.36.140). Fences or walls shall provide for safety with controlled points of entry. A minimum three-foot wide landscaped area shall be provided adjacent to the wall/fence and shall include a dense hedge of evergreen shrubs a minimum of 15 gallons in size.
A six (6) foot tall cedar or corten (steel) fencing shall be installed as noted on the site plan. The proposed site plan indicates landscaping adjacent to the proposed fence, but a condition of approval will require the dense hedge of evergreen shrubs a minimum of 15 gallons in size be provided.
3. Play Areas. The facility shall provide play areas:
a. Indoor Play Areas. Indoor play areas shall be in compliance with State requirements requiring 35 square feet of indoor play area per child.
The area of each classroom is approximately 1,020 square feet. Providing 35 square feet of indoor play area per child means that 29 children can be accommodated in each classroom for a total of 58 children.
b. Outdoor Play Areas. Outdoor play areas shall be in compliance with State requirements requiring 75 square feet of designated fenced outdoor play area for each child. Pools shall be enclosed by a minimum five-foot high fence.
As the indoor play area can accommodate 58 children, providing 75 square feet of outdoor play area per child would require 4,350 square feet of outdoor play area. A total of 5,000 square feet of outdoor play area is proposed.
4. Hours of Operation. Unless otherwise stated in the use permit, hours of operation shall be confined to between 6:00 a.m. and 10:00 p.m. In no case shall an individual child stay for a continuous period of 24 hours or more.
The project will be conditioned to require compliance with these limits on the hours of operation.
5. Signs. One sign shall be permitted in compliance with Chapter 16.76 (Sign Standards).
Signage has not been submitted at this stage, but the project will be conditioned to require conformance with this requirement.
6. Off-Street Parking. Off-street parking shall be provided in compliance with Chapter 16.64 (Off-Street Parking and Loading Standards), plus additional surface area shall be provided that is of sufficient size to accommodate off-street loading/unloading. The area used for parking shall not be used for both parking and as a play area at the same time.
The project site is located within an area identified as being within ½ mile of high frequency public transit and is subject to the provision of Assembly Bill (AB) 2097. AB 2097 prohibits public agencies from imposing any minimum parking requirements; therefore, no parking is required. Any parking that is voluntarily provided shall meet the off-street parking standards provided in SMC Chapter 16.64.
A parking lot is proposed on the north side of the property, consisting of six (6) 9’ by 18’ stalls and one van accessible 12’ by 18’ stall. Per SMC Section 16.64.080(C)(1)(a)(ii), the minimum dimension of a standard parking space shall be nine (9) feet wide by nineteen (19) feet long. SMC Section 16.64.080(F)(5), Bumper Overhang Areas, states “A maximum of two feet of the parking stall depth may be landscaped with low-growth, hearty materials in lieu of paving or the walkway may be increased, allowing a two foot bumper overhang while maintaining the required parking dimensions. Bumper overhang areas shall not encroach into required walkways, required landscape areas, or rights-of-way”. Therefore, the proposed stalls with a minimum of a one foot bumper overhang meet the minimum standard parking space dimensions.
SMC Section 16.64.080(F)(6)(a)(i) parking areas adjoining a public street shall be designed to provide a minimum five foot-wide landscaped planting strip between the street right-of-way and parking area. The project has been designed to incorporate this requirement.
7. Separation Standards.
a. The minimum separation between the main assembly building of the center and an adjacent residential property line shall be 30 feet.
The properties to the west of the project site are zoned RL (Residential, Low Density) and are in residential use. The property directly north of the site is zoned RM (Residential, Medium Density) and is in residential use. The main assembly building is a minimum of 30’ from both the rear and north side property lines, which is consistent with this requirement.
b. The facility shall not be located within 500 feet of another licensed large family child care home or child care center.
One record of an approved large family child care was found within 500 feet of the proposed facility at 1215 Deep Cliff Wy (APN: 163-660-33). A Use Permit was issued on June 8, 2000 to allow the increase in capacity of an existing family child care home from eight (8) to 14 children. Upon further investigation, staff has determined that this child care location is no longer in operation. The Stockton Fire Department’s Fire Prevention Division has no inspection records for a facility at this address, and no child care facilities could be located at this address on the internet. The Sacramento South Regional Office of the California Department of Social Services was contacted and were unable to find a current license at this address.
8. Location. Wherever possible, facilities shall be located in existing institutional facilities and/or along major streets.
The proposed child care center is located on the northwest corner of Hawaii Avenue and Houston Avenue. The proposed facility is not located within an existing institutional facility. Houston Avenue is identified as a collector road on Figure 4-1 of the Envision Stockton 2040 General Plan. Collector streets connect residential and local-serving commercial areas with the arterial system, and would be considered as a major street for this requirement.
A 114 square foot trash enclosure is proposed in the northwest portion of the parking area. The proposed trash enclosure complies with the solid waste/recyclable materials storage standards specified in SMC Section 16.36.130. Specifically, the storage area is not within 20 feet of doors or operable windows of adjacent structures, and the enclosure shall consist of solid masonry walls, metal gates, and landscaping.
Pursuant to SMC, Section 5.04.040, a business license shall be obtained and maintained from the City of Stockton prior to, and during, the operation of the child care center.
The proposed project was referred to the:
• Community Development Department (CDD) - Building Division
• CDD - Development Engineering Division
• Public Works - Traffic Engineering Division
• Stockton Fire Department - Fire Prevention Division
• Municipal Utility Department (MUD)
• Stockton Police Department (SPD)
• SPD - Neighborhood Services Division
Responses were received from:
• CDD-Building Division
• CDD- Development Engineering Division
• SFD - Fire Prevention Division
• MUD
• SPD
The MUD and SPD responses only stated that they had no comments on the project. Comments from the other responses affecting the layout and design of the project were provided to the applicant, and revised plans were submitted on January 12, 2026. The revised plans were routed to divisions having first round comments affected by the plan changes, including CDD - Building Division, CDD - Engineering Division, and SPD - Fire Prevention Division.
Development Permits
Commission Use Permit
In order to develop the proposed child care center, a Commission Use Permit is required pursuant to SMC Section 16.80.380 in which development and operation standards are prescribed in Subsection 16.80.380(C). Commission Use Permits are intended for uses that have potential for a significant impact on surrounding areas, due to the size or nature of the use as provided in SMC Section 16.168.030. Per SMC Section 16.168.050 (Use Permits - Findings and decision), the following findings can be made in the affirmative:
1. The proposed use is allowed within the subject zoning district with the approval of a use permit and complies with all other applicable provisions of the Development Code and the Municipal Code.
The proposed use is allowed in the RM (Residential, Medium Density) zoning district with the approval of a Commission Use Permit, pursuant to Stockton Municipal Code (SMC) Section 16.20.020, Table 2-2. The project, as proposed, meets all applicable general development and specific use standards of SMC Title 16 (Development Code). There are no applicable overlays or specific plans for this site.
2. The proposed use, as conditioned, would maintain or strengthen the integrity and character of the neighborhood and zoning district in which it is to be located.
The proposed child care center will strengthen the character of the area as it develops a vacant property and provides a safe and secure neighborhood-serving use for nearby residents.
3. The proposed use will be consistent with the general land uses, objectives, policies, and programs of the General Plan and any applicable specific plan or master development plan.
The proposed use is consistent with the Medium Density Residential General Plan land use designation and supports the following objectives, policies, and programs of the General Plan:
Policy LU-3.1 Ensure that exterior remodels and the siting, scale, and design of new development are compatible with surrounding and adjacent buildings, public spaces, and cultural and historic resources. The subject site is surrounded by single-story residential development. The proposed structure is single-story and is compatible with the adjacent development.
Policy LU-6.2 Prioritize development and redevelopment of vacant, underutilized, and blighted infill areas. The project site is currently vacant. New development on the site for a child care center will put the property to productive use and deter blight in the neighborhood.
Policies LU-6.4 Ensure that land use decisions balance travel origins and destinations in as close proximity as possible, and reduce vehicle miles traveled (VMT) and CH-3.2 Encourage neighborhood-serving commercial uses in areas where frequently needed goods and services are not widely available, especially for those areas with no availability within a 2-mile radius. The proposed child care center is located within the San Joaquin County Housing Authority’s Conway Homes community. This will provide nearby accessible child care for the Conway Homes community and the adjacent residential neighborhoods to the west.
4. The subject site would be physically suitable for the type and density/intensity of the use being proposed, including the provision of services (e.g., sanitation and water), public access, and the absence of physical constraints (e.g., earth movement, flooding, etc.).
The Project is situated on a parcel with adequate exposure and access from a local street within 180 feet of a collector road. The site is provided with water service from the California Water Company, sanitary and storm sewer service by the Stockton Municipal Utilities District, and electricity by PG&E. As discussed in the Floodplain Management section below, the project site is located within the 200-year base flood elevation and the project will be conditioned to require the finished floor of the building(s) to be elevated to within three (3) feet of that elevation. Therefore, the subject site is suitable for the development of the proposed child care center.
5. The establishment, maintenance, or operation of the proposed use at the location proposed and for the time period(s) identified, if applicable, would not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, peace, or general welfare of persons residing or working in the neighborhood of the proposed use.
The State of California regulations regarding child care center development have been codified by the City of Stockton within Section 16.80.100 of the Municipal Code. These standards ensure child care centers will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, peace, or general welfare of persons residing or working in the neighborhood of the proposed use.
6. The design, location, size, and operating characteristics of the proposed use would be compatible with the existing and future land uses on-site and in the vicinity of the subject property.
The proposed child care center is consistent with the specific standards for child care centers listed in SMC Section 16.80.100. These standards address location, size, and operating characteristics. The design has been reviewed by the Architectural Review Committee who made a recommendation for approval of the Design Review component of this project.
7. The proposed action would be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines.
The proposed project is Categorically Exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15332 (In-Fill Development).
Floodplain Management Findings
Floodplain management findings are required per Stockton Municipal Code Chapter 16.90 because the project involves a discretionary permit that would result in the construction of a new building. Based on the effective 200-Year Floodplain Analysis Map, and the Technical Memorandum prepared by Kevin J. Genasci dated January 6, 2025 (Attachment E), the property is located in an area of potential flooding in excess of three (3) feet from a storm event that has a 1-in-200 chance of occurring in any given year, from sources other than local drainage, in urban and urbanizing areas. The finished floor of the building(s) shall be elevated to within three (3) feet of the 200-year base flood elevation providing an urban level of flood protection in accordance with SMC 16.90.020(A)(2). The Building Division has stated that 200-Year Flood Elevation Certificates are required at the time of building permit submittal, prior to foundation pour, and prior to final inspection approval. The project will be conditioned to reflect this requirement.
Design Review/Architectural Review Committee
SMC Section 16.120.020(A)(2) requires Design Review approval for all new commercial developments.
The project consists of a single-story 3,644± square foot child care center consisting of two wings with one side for infants and the other for toddlers (Attachment F - Elevations and Renderings). The exposed wood and the provision of natural light through abundant windows are consistent with the Modernist architectural style.
In conformance with SMC 16.120.050(D)(1)(a), on July 2, 2025 the Project design was reviewed for consistency and conformity with the Design Guidelines by the Architectural Review Committee (ARC) who made a recommendation of approval.
Per SMC Section 16.120.060 (Design Review Permits - Findings), the following findings can be made in the affirmative:
A. The proposed development is consistent with all applicable provisions of the Development Code, including general development standards for all development and specific development in the RM (Residential, Medium Density) zone.
The proposed use is allowed in the RM zoning district with the approval of a Commission Use Permit, pursuant to Stockton Municipal Code (SMC) Section 16.20.020, Table 2-2. The project, as proposed, meets all applicable specific use standards of SMC Section 16.80.100, and the applicable general development standards of SMC Title 16 (Development Code). There are no applicable overlays or specific plans for this site.
B. Special requirements or standards have been adequately incorporated, when applicable, into the building and/or site design (e.g., American Disabilities Act regulations, historic preservation, mitigation measures, open space, utilities, etc.). The general design considerations, including the character, quality, and scale of design are consistent with the purpose/intent of this chapter and the Citywide Design Guidelines for commercial development.
In conformance with SMC 16.120.050(D)(1)(a), on July 2, 2025 the Project design was reviewed for consistency and conformity with the Design Guidelines by the Architectural Review Committee (ARC) who made a recommendation of approval. The project has been conditioned to require the Owners, Developers, and/or Successors in Interest (ODS) to comply with the Americans with Disabilities Act requirements related to providing accessibility to the public accommodations, including but not limited to accessible restrooms, accessible handwashing stations, accessible routes throughout, accessible parking, etc.
C. The proposed project was designed to complement the architectural design of the existing buildings in the area. The proposed structure is visually compatible with surrounding developments.
The project site is located within the Conway Homes community. The nearby homes within Conway Homes consist of uniformly designed single-story homes with low-slope hip roofs, stucco siding, and brick work on the lower half of the facades built circa 1960. The adjacent neighborhood to the west is Parkview Estates 2, which consists of single-story hip-roofed homes, with stucco siding, and limited architectural elements built in the early 1970s. The proposed structure is single-story, which is visually compatible with the neighboring residential developments. The proposed child care center is required to have solid fencing around the outdoor play areas per SMC Section 16.80.100(A)(2), in addition to the proposed landscaping, serves to blend the facility into the surrounding neighborhood. The architectural design of the project was reviewed by the Architectural Review Committee against the Citywide Design Guidelines and recommended approval of the design.
D. The location and configuration of the proposed structures are compatible with surrounding sites as it was designed to complement the existing developments in the area and does not unnecessarily block views from other structures or dominate their surroundings.
As discussed previously, the nearby existing development consists of single-story residences. The proposed project is also single-story, and meets all required setbacks for the RM zoning district specified in SMC Section 16.24.030. Additionally, the structure and fencing are consistent with the requirements of SMC Section 16.36.140 Traffic Sight Area. The Traffic Sight Area is to ensure visual obstructions are not placed near roadway intersections and driveways. Therefore, the proposed development is compatible with surrounding sites, and does not block views from other structures or dominate the surroundings.
E. The proposed preliminary landscape concepts are consistent with the State Mandated Model Water Efficient Landscape Ordinance (MWELO) Program. The project includes landscaped frontages to ensure visual relief and to complement structures and provide for an attractive environment.
Landscape elements are proposed, including a three-foot wide landscaped area adjacent to fence required by SMC Section 16.80.100(A)(2), a landscaped strip between the proposed parking lot and the street right-of-way as required by SMC Section 16.64.080(F)(6)(a)(i) and trees along the street frontages. The project is conditioned to require a Landscape Plan, prepared by a Licensed Landscape Architect, to be submitted for review and approval for all landscape areas associated with the development of the project site to ensure compliance with the State Mandated MWELO Program, including the requirements of water calculations for the entire project. The proposed landscaping and Landscape Plan requirement will ensure visual relief is provided and the project will create an attractive environment.
F. The design and layout of the proposed project does not interfere with the use and enjoyment of neighboring existing or future development as it alleviates the need to use the public right-of-way or adjacent parcels for the operations and as a benefit improves the right-of-way, reducing any pedestrian or vehicular hazards.
The project does not interfere with the use and enjoyment of the neighboring development. The project will provide nearby accessible child care for the Conway Homes community and the adjacent residential neighborhoods to the west, which will reduce vehicle miles traveled and encourage pedestrian traffic to and from the site.
G. The building design and related site plan, including on-site parking and loading, has been designed and integrated to ensure the intended use will best serve patrons of the site.
The building and site plan design are intended to separate the child care center from the parking areas and the public rights-of-way. The project’s consistency with the specific use standards for Child Care Facilities specified in SMC Section 16.80.100 ensure the use will best serve the patrons of the site and keep the children attending the facility safe.
H. The project has been conditioned to accommodate special requirements or standards, when applicable, into the building and/or site design (e.g., American Disabilities Act regulations, historic preservation, mitigation measures, open space, utilities, etc.).
Special requirements or standards applicable to the site design were considered in the review of this application and have resulted in conditions of approval. An in-depth analysis of ADA (Americans with Disabilities) accommodations and requirements will be finalized during the building permit submittal to ensure compliance and consistency with the current California Building Code and supplementary laws pertaining to these measures.
Environmental Clearance
The proposed project is Categorically Exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15332 (In-Fill Development) as the project is
a. Consistent with the Medium Density Residential General Plan land use designation and all applicable general plan policies as well as with the applicable RM (Residential, Medium Density) zoning district, general and special use standards in the Zoning code (Title 16);
b. It occurs within the city limits on a 0.43-acre site (under 5 acres) and is surrounded by urban use;
c. The site did not show evidence of endangered, rare or threatened species habitats;
d. It would not result in any significant effects relating to traffic, noise, air quality, or water quality; and
e. Can be served by all required utilities and public services.
Public Comments
Notice for the Planning Commission public hearing for this request was published in The Record and was mailed to all property owners within a 300-foot radius on May 15, 2026 pursuant to SMC Section 16.88.030(2)(b)(ii)(C). As of the writing of this staff report, no written comments have been submitted.
ATTACHMENTS
Attachment A - Location Map and Aerial Photo
Attachment B - General Plan Land Use
Attachment C - Zoning Map
Attachment D - Site Plan and Landscaping
Attachment E - Floodplain Technical Memorandum
Attachment F - Elevations and Renderings
This staff report was prepared by Alex Guilbert, Senior Planner, (209) 937-7095; alex.guilbert@stocktonca.gov.