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APPEAL OF THE PLANNING COMMISSION APPROVAL OF A TENTATIVE MAP, AND DESIGN REVIEW TO ALLOW THE SUBDIVISION OF AN EXISTING PARCEL INTO FIVE LOTS FOR RETAIL AND SERVICE COMMERCIAL DEVELOPMENT AT 10505 TRINITY PARKWAY (P23-0266) (APN 066-020-04)
recommended action
RECOMMENDATION
It is recommended that City Council adopt a resolution to:
1. Find no further environmental review is necessary from the California Environmental Quality Act (CEQA) as an Environmental Impact Report (EIR 3-87) (SCH #1987032415) was adopted and certified by the City of Stockton for the identified area and are companion documents to the Master Development Plan (MDP 1-00) adopted by City; and
2. Deny the Appeal and uphold the Planning Commission’s approval of a Tentative Map and Design Review, subject to conditions, in accordance with the findings and subject to conditions in the proposed Resolution.
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Summary
On March 28, 2024, the Planning Commission held a public hearing to consider a Tentative Map and Design Review proposal (“project”) to subdivide an existing undeveloped parcel into five parcels for retail and service commercial development at 10505 Trinity Parkway. Six (6) public comments were received, and after discussion and deliberation, the Planning Commission unanimously approved the project by a vote of 6-0 (One Vacant Seat).
On April 8, 2024, during the ten-day post approval appeal period, Mary Elizabeth filed an appeal to the City Council requesting reconsideration of the Planning Commission’s approval, citing environmental concerns.
As reflected in Staff’s analysis below and in the proposed resolution, Staff recommends the City Council deny the appeal and uphold the Planning Commission’s March 28, 2024, approval of the proposed Tentative Map and Design Review.
DISCUSSION
Background
In October 2023, the applicant, RSC Engineering, on behalf of Sam’s Real Estate Business Trust, filed an application for a Design Review and Tentative Map to subdivide an existing 17.98-acre undeveloped parcel into five (5) parcels which will accommodate retail and service commercial development in the A.G. Spanos Business Park Master Development Plan area. Three (3) parcels for a Chick-Fil-A quick-serve restaurant, IN-N-OUT quick-serve restaurant, and Dutch Brothers Coffee drive-through, and two (2) parcels for self-storage facilities, herein known as the “Project.”
On March 28, 2024, the Stockton Planning Commission conducted a duly noticed hearing and considered the staff report and presentation, as well as a presentation from the applicant. There were three (3) members of the public in attendance at the public hearing that spoke against the item, citing concerns with the lack of healthy food options in the area, traffic, and potentially more attractive uses available for the site to engage families in the area. Additionally, there were three (3) written communications received from members of the public. Two (2) of the written communications related to a lack of healthy food options in the area, as well as the need for healthier alternatives to fast food in the area and support for small businesses. The remaining correspondence was in support of the Project citing good design.
Mary Elizabeth spoke regarding the existing Development Agreement (DA) with Spanos, lack of housing opportunities, and the need for a traffic study that evaluated traffic accident statistics. The second member of the public, Jonathan Pruitt, spoke to how this Project is not a true mixed-use project, as well as the Project brings more unhealthy food options to the residents, how this area is not small business friendly, and there are better options available to address the uses under the power lines. The last member of the public to speak was Angie Hynh, who spoke in regard to the unhealthy businesses going into the Project and that there are way too many fast-food restaurants in the area as well as traffic issues such as congestion and accidents.
Written comments were provided by three (3) individuals. The first comment was provided by Jonathan Pruitt, who spoke in reference to there being too many fast-food options already available, that the Project wasn’t small-business friendly, and that there are better, more family-friendly alternatives for development at the site. The second written comment came from Matthew Ellis, who supports the Project as submitted but has concerns about the remainder parcel under the power lines. The last comment came from Gracie Freeman who would like to see uses that support Stockton youth by providing them with an outlet, or support for the homeless. There were no additional public comments or emails submitted.
The Planning Commission discussed the item and posed several questions to the applicant relating to prior marketing attempts to develop the property, as well as traffic concerns. After closing the public hearing and discussing the Project, the Commission voted unanimously by a vote of 6-0 (Rizvi moved, Mallett second, one vacant seat) to approve the Project.
Project Description
Project application P23-0266 consists of a tentative map and design review to allow the subdivision of an existing parcel into five lots for retail and service commercial development at 10505 Trinity Parkway (APN 066-020-04). The Project site is currently undeveloped and located at the southwest corner of Trinity Parkway and Scott Creek Drive and shares a westerly boundary with Mokelumne Circle (Attachment A - Aerial Photo). The site is bounded to the:
• North, south, and east by existing commercial development, zoned Mixed-Use (MX).
• West by developed residential uses zoned Residential, Low Density (RL).
Required entitlements for the Project include a Tentative Map and Design Review to allow for the construction of future commercial development, notably a Chick-Fil-A, In-N-Out, Dutch Brothers Coffee, and a self-storage facility. The parcels are on a vacant parcel of approximately 17.98-acres, which will be split into five (5) parcels.
The 2040 General Plan Land Use Map designates the subject site as Mixed-Use (Attachment B - General Plan Map). The subject site is zoned Mixed-Use (MX) (Attachment C - Zoning Map). The Project site is also located within the A.G. Spanos Business Park Master Development Plan (MDP), which is identified as MDP 1-00. Development within this area is required to comply with the approved MDP. As discussed in the analysis below, the Project is consistent with all applicable Sections of the Stockton Municipal Code and A.G. Spanos Business Park MDP.
ANALYSIS
The appellant is requesting that the City Council overturn the Planning Commission’s approval on the grounds that the project did not address environmental concerns, including but not limited to traffic, air quality, and housing.
Staff recommends that the City Council deny the appeal and uphold the Planning Commission’s approval of the Tentative Map and Design Review.
In accordance with SMC Section 16.100.040(G)(1), the City Council may uphold the Commission’s actions, thus maintaining project approval, or reverse the Commission’s actions with four (4) concurring votes (a majority vote) and deny the Project. Additonally, the Council may adopt additional conditions, in accordance with 16.100.040 (G)(2). Staff’s analysis is provided below.
Tentative Map & Design Review
As indicated in the proposed Resolution, the proposed uses are allowed in the MX zone per the list of allowable uses in the approved Master Development Plan; the Project complies with applicable provisions of the Development Code and meets all applicable findings for approval. The Project has received approval from the Spanos Design Review Board as well as the Planning Commission.
Environmental Clearance
The Spanos Park West Environmental Impact Report (EIR 3-87) (SCH #1987032415) was prepared for the area as well as Master Development Plan (MDP 1-00) which was adopted by the City. A Notice of Determination (NOD) was filed on December 27, 2001.
Per the EIR and MDP, future development in the area has been adequately analyzed and no further environmental review is required so long as the proposed development project or use is consistent with the Master Development Plan. All development projects shall adhere to the adopted Mitigation and Monitoring Reporting Program (MMRP) and Development Agreement.
Appeal of the Planning Commission’s Decision
On April 8, 2024, an appeal of the Planning Commission’s approval of the project was filed by Mary Elizabeth, citing that the Project does not address the environmental concerns, including, but not limited to, traffic, air quality, and housing. (Attachment D - Appeal)
For application processing, the Project applicants provided a traffic study that fully addresses Project impacts and discusses offsite improvements that will improve the adjoining streets which should mitigate some of the existing conditions. Access into the site is planned at three (3) locations, which include:
1. A new driveway on Trinity Parkway at the location between the current McDonalds driveway and the northern Walmart parking lot access (northbound left turns into the site would be allowed at this location)
2. Existing access on Scott Creek Road, including a westbound left turn lane into the site (outbound left turn lanes would be prohibited)
3. A new north-south drive aisle extended through the site from the existing Scott Creek Road driveway to an existing connection at the Walmart parking lot at the southernmost end of the site
Vehicular circulation on site has been thoughtfully designed, including additional queuing length to each drive-through, significantly exceeding city standards. These have also been positioned so as to avoid affecting the flow of traffic on adjoining streets. The SMC requires drive-through queue lengths to be a minimum 100’ behind the menu ordering board. The Dutch Brothers site has two (2) drive-through lanes for a total of 451’. The IN-N-OUT site has two (2) lanes for a total of 535’ plus an additional 75’ to the pick-up window. Lastly, the Chick-Fil-A has two (2) lanes for a total of 904’.
Related to other environmental concerns, such as air quality and housing, the previously adopted EIR (Spanos Park West Environmental Impact Report, SCH #1987032415) adequately analyzed the development potential of the site, and therefore no further environmental review is required so long as the proposed development project or use is consistent with the Master Development Plan. This Project complies with the adopted MDP and received approval from the Spanos Design Review Board.
Conclusion
The evidentiary record and subsequent analysis fail to support the grounds for an appeal for the Project. Each request complies with the pertinent sections in the Municipal Code, and there are no concessions or requests for waivers. As a result of the information and analysis above, staff recommends the City Council deny the appeal and affirm the Planning Commission’s approval of the tentative map, splitting the parcel into five (5) parcels, and design review, which approves the overall aesthetic and design of the site.
PUBLIC COMMENT
Notice for this item was published in The Record on May 24, 2024, and a notice was sent to all property owners within a 300-foot radius of 10505 Trinity Parkway (APN 066-020-04). No written comments have been submitted from the time of the appeal to the preparation of this staff report.
FINANCIAL SUMMARY
Approval of the project would provide the City’s General Fund with additional revenue collected through the Property and Sales Tax for each property and business.
Attachment A - Aerial Photo
Attachment B - General Plan Land Use
Attachment C - Zoning Map
Attachment D - Appeal