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PREZONE REQUEST FOR A DRIVE THROUGH QUICK-SERVE RESTAURANT DEVELOPMENT AT 9324 THORNTON ROAD (APN 072-450-26) (APPLICATION NO. P23-0295)
recommended action
RECOMMENDATION
Staff recommends the City Council affirm the Planning Commission’s recommendation and adopt a resolution to deny the prezoning and annexation request and uphold the Planning Commission’s denial of the Design Review request for the construction of a Jack-in-the-Box quick-serve drive-through restaurant at 9324 Thornton Road, based on the inability to make all required findings in the proposed resolution.
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Summary
The Applicant, Anil Yadav, proposes to develop a 2,440 square-foot Jack-in-the-Box quick-serve drive through restaurant on a legal parcel (APN 072-450-26) which totals approximately 0.68-acres and is located at the southeast corner of Thornton Road and Wagner Heights Road at 9324 Thornton Road (Project).
The proposed Project site area is currently vacant land located in the jurisdiction of unincorporated San Joaquin County. The Project application includes an annexation request that requires prezoning for the parcel to assign zoning for when the parcel is annexed and incorporated into the City of Stockton.
On July 10, 2025, the Planning Commission held a public hearing to consider Project application requests for approval of the Design Review, and a recommendation to the City Council for prezoning the site to Commercial, General. Eight (8) individuals from the public provided comments in opposition to the Project, citing concerns about traffic, noise, odor, excessive lighting into adjacent residences, and an increase in crime. Following comments and deliberation, the Planning Commission verbalized concerns regarding the Project’s impacts on the adjacent residences related to noise, site lighting, vehicle headlights, and 24-hour a day drive-through operation; and directed staff to return to the Planning Commission with a new resolution reflecting denial of the Project.
On August 14, 2025, the Planning Commission, by a vote of 6-0, adopted Resolution 2025-08-14-0302 denying the Design Review request and recommending the City Council deny the Prezoning request.
The City Council is now asked to consider the Planning Commission’s:
• Denial of the Design Review; and
• Recommendation for denial of the prezoning; and consider an application request for annexation. As reflected in this staff report and in the proposed resolution, staff recommends the City Council affirm the Planning Commission’s action to deny the Design Review request and recommendation to deny the prezoning and annexation requests.
DISCUSSION
Background
The subject site consists of one (1) legal parcel identified as Assessor’s Parcel Number 072-450-26 located at 9324 Thornton Road, presently within the jurisdiction of the County of San Joaquin (Attachment A - Location Map and Aerial Photo).
The site is bound to the:
• North by Wagner Heights Road, which is a roadway where the complete right-of-way is within the City of Stockton, and lands zoned Commercial, Neighborhood (CN) and Residential, Low Density (RL). Parts of the north are developed with the Plaza Robles Continuation High School and residential homes, all in the City of Stockton city limits; and
• South by lands in the unincorporated County zoned Commercial, General (C-G), and developed with commercial uses; and
• East by lands in the unincorporated County zoned Residential, Low (R-L) and developed with residential uses; and
• West by Thornton Road, which is a roadway completely within the City of Stockton city limits, and lands zoned Commercial, General (CG) with commercial uses, in the City of Stockton.
The Project site abuts the City limits via the Thornton Road and Wagner Heights Road rights-of-way, however there is no City Zoning Map designation currently assigned to the parcel.
The 2040 General Plan Land Use Map designates the subject site as Commercial (Attachment B - General Plan Land Use Map). Zoning Map designations for properties located in the City and referenced above are identified by Attachment C - Zoning Map.
Project Description
The Applicant has applied for all required entitlements to develop the Project (Attachment D - Project Plans). The subject parcel is in the unincorporated County, abutting the City of Stockton city limits via the Thornton Road and Wagner Height Road rights-of-way. The proposed Project would develop a Jack-in-the-Box quick-serve restaurant that would operate 24 hours a day, 7 days per week.
The Project site is approximately 0.68-acres with one (1) proposed building with a maximum square footage of 2,440 square-feet in floor area, along with a drive-through, parking areas, vehicular access, landscaping, and lighting. Based on the proposed conceptual plan, the Project proposes a total of 33 parking stalls distributed throughout the Project site, exceeding minimum standards. Per Stockton Municipal Code (SMC) Section 16.64.040, the number of parking stalls required is a ratio of 1 space per 100 square feet, which yields a minimum requirement of 24 stalls. Vehicular access to the Project site would be from two (2) driveways; one entry/exit on Thornton Road and one entry/exit on Wagner Heights Road.
Utility service for the Project site, including sewer and water, would be provided by the City of Stockton from existing trunk lines adjacent to the site. The Project would have an onsite storm drainage system, including collection lines that would feed into the City’s storm sewer system. Regulated electrical, gas, and communication utilities would be extended to the Project site from existing facilities in the area.
A Concrete Masonry Unit (CMU) 8-foot-tall block wall is proposed to be installed along the perimeter of the site adjacent to the residential homes to the east, which is a requirement of SMC 16.80.150(I).
The Project, as proposed, is in compliance with the requirements in SMC 16.80.150, drive-in and drive-through facilities. There is no proposed outdoor dining with this application.
Development of the Project site with commercial uses is considered a “Permitted” use under the proposed Commercial, General (CG) prezoning and does not require any use permits to operate. However, because the site is not currently within the City of Stockton, prezoning and annexation of the site must occur and the Director deferred the action of Design Review to the Commission. Upon approval of the Annexation by the San Joaquin Local Agency Formation Commission (LAFCo), only City of Stockton building permit approvals would remain for development of the site and construction of the building.
The proposed use is consistent with the existing General Plan designation of Commercial. The proposed prezoning of the site to Commercial, General (CG) is consistent with the General Plan land use designation.
STAFF ANALYSIS
Staff recommends the City Council affirm the Planning Commission’s action to deny the Design Review request and deny the prezoning and annexation requests.
Prezoning
Since the Project site is presently located within the County of San Joaquin; in order to develop, annexation must occur and be preceded by “Prezoning” the parcel through a Zoning Map Amendment. The Project, therefore, includes a request to Prezone the site to Commercial, General (CG) Zone (Attachment E - Prezoning Description).
The 2040 General Plan Land Use Map designates the Project site as Commercial. Pursuant to SMC Table 2-1 (General Plan Relationship to Development Code) of the General Plan, the CG Zone is compatible with the General Plan Land Use Map designation of Commercial.
Despite the compatibility of the Project’s prezoning with the General Plan, the Planning Commission was unable to make all required necessary findings to support the proposed Prezoning action and therefore recommended denial.
Annexation
The Project site is presently located within the jurisdiction of San Joaquin County, and the applicant has requested annexation of the project site into the City of Stockton. Pursuant to SMC Section 16.212.050(C)(1), the City Council is the Review Authority for annexation requests upon recommendation from the Development Review Committee (DRC).
Per SMC Sections 16.212.050 and 16.216.070, the annexation request shall be reviewed and evaluated by the DRC and then forward a recommendation to the City Council. On June 12, 2025, the DRC reviewed the annexation request and recommended approval of the Project to the City Council. Per SMC Table 7-1, the Planning Commission is not required to make a recommendation on the annexation process (only prezoning); however, information related to the annexation process was provided to the Planning Commission during their hearing.
Per the SMC, the City Council will consider the Annexation and Prezoning actions. Should the City Council decide to countermand the recommendation to deny, the City Manager would be authorized to file an annexation application with the San Joaquin Local Agency Formation Commission (LAFCo).
Environmental Clearance
The proposed Project complies with the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines, because the proposed Project is Categorically Exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15303(c), New Construction or Conversion of Small Structure, since it includes the construction of a store, motel, office, restaurant or similar structure, not involving the use of significant amounts of hazardous substances, and not exceeding 2,500 square feet in floor area. In urbanized areas, the exemption also applies to up to four (4) commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive.
Additionally, the proposed Project is Categorically Exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15332, In-Fill Development Projects as 1) the project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; 2) the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; 3) the project site has no value as habitat for endangered, rare or threatened species; 4) approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and 5) the site can be adequately served by all required utilities and public services.
Public Comments
On June 19, 2025, the Applicant held a Neighborhood meeting to discuss any concerns and answer questions attendees might have. A notice for the meeting was mailed to all property owners within a 300-foot radius at least ten (10) days prior to the neighborhood meeting. Three (3) nearby residents attended. They stated their concerns about speeding traffic along Wagner Heights Road, as well as light, noise, and odor from the restaurant being a direct impact on the immediate neighbors. They also wished the CMU wall was taller than the proposed height of eight (8) feet and were concerned about headlights shining into homes as cars exited the site onto Wagner Heights Road, preferring the site be redesigned to limit ingress and egress to Thornton Road.
Notice for the Planning Commission public hearing was published in The Record on June 20, 2025, and notice was mailed to all property owners within a 300-foot radius at least twenty days prior to this meeting.
On July 10, 2025, the Stockton Planning Commission conducted a public hearing and considered the staff report and presentation, as well as a presentation from the applicant. There were eight (8) members of the public who spoke against the item; their individual concerns are listed below:
1. Larry Collins: traffic and driveway access onto Wagner Heights Road, and ongoing sleep disturbances to residents from traffic noise, such as music and throttling, from passing cars.
2. Adam Collins: restaurant on-site layout; view of the back side of the building on Thornton Road, where one will see the drive-through window, preference of a different site design. He is also concerned about noise, and that the proposed wall is short, would prefer having only a single point of access on Thornton Road.
3. Tina Gallegos: excessive noise, all-night businesses and associated such as shootings, sideshows, car accidents, excessive traffic, and asserted that there is no benefit to the community that this business brings.
4. Alex Gallegos: there were already three Jack-in-the-Boxes in Stockton. He also spoke regarding traffic queuing for the drive-through, spillover effects on Wagner Heights Road, and that there are three schools in the area and traffic impacts are excessive.
5. Cindy Mansu: impact to egress on Wagner Heights Road due to the excessive traffic in the area and informed the Commission that there is no need for this use as they already have everything they need there.
6. Judy Deimler: project will not be a good fit for this neighborhood, citing they know that something will be there eventually, but preferably not fast food. The exit onto Wager Heights Road is problematic due to the car headlights pointing directly into someone’s home. Also turning west onto Wagner Heights will be problematic due to current traffic volumes.
7. Larry Deimler: excessive traffic and traffic accidents, as well as lights into someone’s home throughout the night, and how the project won’t be a good fit for the neighborhood.
8. Diante McAroy: safety of the neighborhood in regard to traffic, letting the Commission know that his brother was hit by a car on Wagner Heights Road. He also states the project will bring crime and homelessness to the neighborhood, and if a business is being brought to the neighborhood, bring something good.
The Planning Commission discussed the item and after closing the public hearing, directed staff to return to the Planning Commission with an updated resolution reflecting denial of the Project’s Design Review findings, as well as a recommendation that the City Council deny the Project’s prezoning request. On August 14, 2025, the Planning Commission voted 6-0 to adopt Resolution 2025-08-14-0302 (Attachment F - Planning Commission Resolution) to deny the Project’s Design Review request and recommended City Council denial of the prezoning request.
Notice for this item for the City Council hearing was published in The Record on October 15, 2025, and a notice has been sent to all property owners within a 300-foot radius of the Project site on October 15, 2025. At the time of writing this report, Staff has not received any additional comment from the public on this Project.
Financial Summary
Approval of the Project would provide the City’s General Fund with additional revenue collected through Property and Sales Tax of the property and business. Denial of the Project would provide no financial impact, and the site would remain undeveloped.
Attachment A - Location Map and Aerial Photo
Attachment B - General Plan Land Use Map
Attachment C - Zoning Map
Attachment D - Conceptual Project Plans
Attachment E - Pre-zone Description & Map
Attachment F - Planning Commission Resolution