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File #: 21-0697    Version: 1
Type: Appeals/Public Hearings
In control: Planning Commission
Final action:
Title: CONSIDERATION OF PREZONE AND DESIGN REVIEW REQUESTS FOR THE PROPOSED O'REILLY RETAIL STORE AT 9147 THORNTON ROAD (APN 080-290-39) (APPLICATION NO. P20-0793)
Attachments: 1. Attachment A – Location Map and Aerial Photo, 2. Attachment B – Zoning Map, 3. Attachment C – General Plan Land Use Map, 4. Attachment D – Project Plans, 5. Attachment E – Prezone Map, 6. Attachment F – Annexation Map, 7. Attachment G – Community Meeting, 8. Proposed Resolution - Recommending Approval - Prezone, 9. Exhibit 1 - Proposed Ordinance - Prezoning, 10. Proposed Resolution - Recommending Approval - Design Review, 11. Exhibit 1 - Design Review

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CONSIDERATION OF PREZONE AND DESIGN REVIEW REQUESTS FOR THE PROPOSED O'REILLY RETAIL STORE AT 9147 THORNTON ROAD (APN 080-290-39) (APPLICATION NO. P20-0793)

 

recommended action

RECOMMENDATION

 

Staff recommends the Planning Commission:

1.                     Find no further environmental review is necessary from the California Environmental Quality Act (CEQA) pursuant to Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning); and 

2.                     Adopt a Resolution recommending the City Council adopt an Ordinance for the Pre-zoning of  APN 080-290-39 to Commercial, General (CG); and

3.                     Adopt a Resolution approving  Design Review, subject to conditions.

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Summary

O'Reilly Auto Enterprises, LLC ("Applicant") proposes to develop a ±7,022 square foot auto parts retail store and commercial center on a 1.70-acre vacant parcel located at 9147 Thornton Road, at the northwest corner of Thornton Road and Waudman Avenue. The proposed auto parts retail store and commercial center will include accompanying drive aisles, parking stalls, landscaping, pedestrian access, lighting, and utility services.

The Project is consistent with the property's General Plan Land Use Map designation of Commercial. The design is consistent with the development standards within SMC Title 16 (Development Code) and the City's Design Guidelines. The Project also furthers General Plan policies to attract employment and tax-generating businesses in the City (Policy LU-4.2).

The Project site is currently located within the jurisdiction of the County of San Joaquin and therefore does not currently have City of Stockton zoning. To develop the retail Project, the Planning Commission is asked to consider forwarding to City Council approval recommendations for a finding of no further environmental review, a Prezone request, and to approve the requested Design Review, subject to conditions.

PRESENT SITUATION

Background

The subject site consists of a vacant parcel identified as Assessor's Parcel Number (APN) 080-290-39 and is located at 9147 Thornton Road, presently within the jurisdiction of the County of San Joaquin, but contiguous to Stockton City Limit boundaries (Attachment A - Location Map and Aerial Photo). The site is bounded to the:

                     North (across Lucile Avenue) by a single-family dwelling on land designated as Commercial in the General Plan, in the County of San Joaquin;

                     West by two single-family dwellings on land designated as Low-Density Residential in the General Plan, in the County of San Joaquin;

                     South (across Waudman Avenue) by a single-family dwelling on land designated as Commercial in the General Plan, in the County of San Joaquin; and

                     East (across Thornton Road) by a 7-11 and strip shopping center zoned Commercial, General (CG), in the City Limits.

A Zoning Map designation has not been assigned because the subject site sits just outside the City Limits but within the City's Sphere of Influence. The Applicant has proposed a Commercial-General (CG) zoning designation consistent with the nearby commercial properties within the City Limits. The Zoning Map designations for properties located near the adjacent City Limits and referenced above are identified at Attachment B - Zoning Map. The 2040 General Plan Land Use Map designates the subject site as Commercial (Attachment C - General Plan Land Use Map).

Project Description

O'Reilly Auto Enterprises, LLC, has applied for all required entitlements to establish a commercial retail store located at 9147 Thornton Road. The proposed project site consists of a vacant 1.70 acres parcel (APN 080-290-39).

The proposed retail store will be placed on the southern half of the parcel located at the northwest corner of Thornton Road and Waudman Avenue. The northern half of the proposed commercial center will remain undeveloped for a future tenant  (Attachment D - Project Plans). The existing homes along the western boundary of the proposed retail center will be buffered by a new eight (8) feet tall masonry wall with landscaping toward the west end of the parking area. Thirty-three (33) parking stalls will be provided throughout the site, including two (2) ADA stalls and one (1) clean air vehicle parking space. Bicycle parking will be provided near the northeast corner of the building, approximately the distance of four (4) parking stalls away from the building entrance. Pedestrian access will be available from Waudman Avenue. Vehicle access would be provided from driveways on both Thornton Road and Waudman Avenue, with the driveway on Thornton Road restricted to a right-turn-only exit. 

The Project proposes to connect to existing wastewater lines managed by the City of Stockton with a new 8-inch-diameter sanitary sewer line extension east from an existing line in Thornton Road approximately 175 feet across the Maranatha Drive intersection to a new manhole in Hammer Lane at the northwest corner of the project site. Water service would be provided by a 12-inch-diameter water line extending from an existing City main along Hammer Lane south along the project frontage on Maranatha Drive, which would be installed as part of another project. An on-site storm drainage collection and treatment system would be installed to treat collected drainage before it is discharged to existing City storm drainage lines. Existing electrical, natural gas, and telecommunication lines along Hammer Lane would be utilized as needed to provide these services to the project site.

The proposed buildings will be constructed as single-story wood or metal stud frame structures with conventional footing and concrete slab on grade. All buildings would be heated and cooled with mechanical ventilation per current California Building Code requirements. Fire suppression shall be per California Building Code and local jurisdictional requirements. Parapet walls would screen all rooftop mechanical units and equipment.

STAFF ANALYSIS

To develop the retail Project, the Planning Commission is asked to consider forwarding to City Council approval recommendations on the Prezone request; and approval of Design Review, subject to conditions and analysis provided below.

Environmental Clearance

The proposed Prezone is a discretionary "project" under the California Environmental Quality Act (CEQA) and therefore requires analysis. CEQA Guidelines section 15183 states projects that are consistent with the development intensity established by a General Plan or Zoning for which an environmental impact report (EIR) has been certified "shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site." The City Council prepared and certified an EIR as part of the Stockton General Plan (SCH# 2017062058).

The Project proposes to construct a 7,022 square foot retail auto parts store on a portion of a 1.70-acre site, with thirty-three (33) total parking stalls. The Project site is in an area developed with similarly sized lots with associated commercial uses. The property does not support any peculiar environmental features, and the Project would not result in any peculiar effects beyond what is allowed per City standards or previously addressed in the General Plan for commercial uses. The proposed Project is consistent with the commercial vehicle trips and use characteristics of development considered by the GPEIR and would represent a small portion of trips that were forecast for build-out along Thornton Road. Moreover, the City-initiated Thornton Road Widening Project, completed in 2018, widened Thornton Road from Pershing Avenue to Bear Creek from two to four vehicle lanes, plus new bicycle lanes, signals, streetlights, curbs, gutters, driveways, and sidewalks.

 

The GPEIR was prepared and certified by the City Council as part of the Envision Stockton 2040 General Plan process (SCH# 2017052062). The Project is consistent with the commercial development density established by existing zoning and General Plan policies for which an EIR was certified. The proposed Project has been conditioned to comply with all City standards and will provide a new commercial service to the community. There are no Project-specific effects peculiar to the Project or its site, which the GPEIR failed to analyze as significant effects. No potential new impacts related to the Project have been identified that would necessitate further environmental review beyond the impacts and issues already disclosed and analyzed in the GPEIR. Therefore, no additional environmental review is required per CEQA Guidelines section 15183 (Consistency with General Plan or Community Plan).

 

Based on this analysis, the Project meets the criteria of the General Plan EIR Exemption pursuant to California Resources Code Section 21083.3 (CEQA Guidelines Section 15183);

Prezone

Because the project site is presently located within the County of San Joaquin, Annexation must occur and be preceded by "Prezoning" through a Zoning Map Amendment. The Project, therefore, includes a request to Prezone the site to Commercial, General (CG) Zone (Attachment E - Prezone Map). The 2040 General Plan Land Use Map designates the project site as Commercial. Pursuant to 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. As reflected in the attached Proposed Resolution, all necessary findings can be made to support the proposed Prezone action.

Upon approval of the Annexation by the San Joaquin Local Agency Formation Commission (LAFCO), the Zoning Map Amendment would become effective and applicable.

Development Permits

By code, the Director is the Review Authority for the Design Review request. However, given the Project's physical development plans are integral to the environmental review and zoning aspects, the Director has elevated the Design Review action to the Planning Commission for action, as provided by SMC Section 16.88.050(B)(5).

Design Review

SMC Section 16.120.020(A)(2) requires prior 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. For this Project, Section 4.01 (General Commercial Guidelines) provides the relevant reference point for the City's expectations for quality development.

On June 17, 2021, the Architectural Review Committee reviewed the Project for conformance with the Citywide Design Guidelines and recommended approval, as proposed. The Director concurs with the committee's recommendations and presents approval findings for Planning Commission consideration as presented in the Proposed Resolution. Because the project requires more than one application under the provisions of the Development Code, the applications were filed at the same time, and are being processed concurrently.

Annexation

As the project site is presently located within the jurisdiction of San Joaquin County, the Applicant has requested Annexation of the project site into the City of Stockton. The project site is located within the City's Sphere of Influence and, as discussed, designated Commercial by the General Plan Land Use Map. The area proposed for Annexation includes the project site (Attachment F - Annexation Map).

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). On November 10, 2021, the DRC considered the Project's City Services Plan and forwarded an approval recommendation to the City Council.

Pending approval of the items before the Planning Commission, the City Council will consider the annexation and Prezone actions at a future public hearing. If approved by City Council, the City Manager would be authorized to file an annexation application with the San Joaquin Local Agency Formation Commission (LAFCO).

Public Comments

On August 4, 2021, per SMC Section 16.88.025, the Applicant held a neighborhood meeting to present the development proposal and receive feedback. Mailing notice was provided to property owners within 300 feet of the project site at least ten days in advance. The meeting was scheduled remotely via Zoom (Attachment G - Community Meeting Information). City staff attended the meeting along with two members of the public. Questions were raised at the meeting; however, no formal comment on the Project has been submitted to staff in opposition or support. 

Notice for the Planning Commission public hearing for this request was published in The Record on November 5, 2021, and mailed notice was sent to all property owners within a 300-foot radius at least ten days prior. As of the writing of this staff report, no written comments have been submitted.

Attachment A - Location Map and Aerial Photo

Attachment B - Zoning Map

Attachment C - General Plan Land Use Map

Attachment D - Project Plans

Attachment E - Prezone Map

Attachment F - Annexation Map

Attachment G - Community Meeting Info

 

This staff report was prepared by Cynthia Marsh, Senior Planner, (209) 937-8316; cynthia.marsh@stocktonca.gov.