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PREZONE AND DESIGN REVIEW 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 Planning Commission:
1. Find that no further environmental review is necessary as the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15303(c) (New Construction or Conversion of Small Structures), as the building is under 10,000 square feet in size, and CEQA Guidelines Section 15332 (Infill Development Projects) as the site is in an urbanized area surrounded by development; and
2. Recommend the City Council adopt an Ordinance for the Pre-zoning of APN 072-450-26 to Commercial, General (CG); and
3. Adopt a resolution approving Design Review for the Project, subject to conditions.
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Summary
The Applicant, Anil Yadav, proposes to develop a quick-serve drive through restaurant on a legal parcel, APN 072-450-26, which totals approximately .68-acres and is located at the southeast corner of Thornton Road and Wagner Heights Road at 9324 Thornton Road (Project). The Project proposes to develop the site with a 2,440 square-foot Jack-in-the-Box fast food restaurant with a drive through, parking lot, landscaping, and lighting.
The proposed Project site area is vacant undeveloped land located in the jurisdiction of unincorporated San Joaquin County. The Project application includes an annexation request that requires prezoning for the parcel.
The Planning Commission is asked to consider the following two actions:
1. Approval of the Design Review; and
2. Approval of a recommendation to City Council to adopt an Ordinance Prezoning the Project site to Commercial, General (CG) that would take effect upon annexation into the City of Stockton.
The Project is consistent with the 2040 General Plan Land Use Map designation of Commercial applicable to the site. The Project also furthers General Plan policies aimed at attracting and retaining companies that offer high-quality jobs with wages that are competitive with the region and State (Goal LU-4), attracting employment and tax-generating businesses in the City (Policy LU-4.2), and prioritizing development and redevelopment of vacant, underutilized, and blighted infill areas (Policy LU-6.2).
Staff recommends the Planning Commission approve the Design Review Further, staff recommends the Planning Commission forward a recommendation for approval to the City Council for the prezoning of the Project site area.
DISCUSSION
Background
The subject site consists of one (1) legal parcel identified as Assessor’s Parcel Number 072-450-26 and is 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; and
The Project site abuts the City limits via the Thornton Road right-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.
The Project totals approximately .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. Per Stockton Municipal Code (SMC) 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.
Access to the proposed Project would be from two (2) driveways; one on the northbound direction of Thornton Road and one on the eastbound direction of 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) block wall will 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 normally would not require additional discretionary actions. However, because the site is not currently within the City of Stockton, annexation of the site must occur and the Director has 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 pre-zoning of the site to Commercial, General (CG) is consistent with the General Plan land use designation.
STAFF ANALYSIS
Staff recommends the Planning Commission approve the Design Review and forward a recommendation to City Council to approve a Prezoning request.
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. As reflected in the Proposed Resolution, all necessary findings can be made to support the proposed Prezoning action.
Upon approval of the Annexation by the San Joaquin LAFCo, the Zoning Map Amendment would become effective and applicable.
Development Permits
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 Design Guidelines) provides the relevant reference point for the City’s expectations for quality development. The Project design was reviewed for consistency and conformity with the Design Guidelines and was recommended by the Architectural Review Committee (ARC) for approval on June 18, 2025.
The Project is designed using predominately muted gray stucco blocked facades accented with cementitious brown wood-look tile that is grounded by a deep brown-black band. The signature Jack-in-the-Box red is used where signage has been added to the building. Each side of the building has balanced massing and undulation along the façade to create visual interest (Attachment F - Project Elevations).
The site will be thoroughly landscaped with perimeter and parking lot trees, accented by flowering and evergreen shrubs and hardscape. The trash enclosure will be constructed using CMU blocks and painted to match the building. The proposed design is consistent with the corporate design of other newer Jack-in-the-Box restaurants.
Per SMC 16.120.060 (Findings), the Project shall meet the adopted City Standards based upon consistency with the Design Review findings which include: consistency with the development code; design consistent with the Citywide Design Guidelines; the design, color and materials visually compatible with surrounding development; location of structures is compatible with the surrounding development; general landscape is designed to provide an attractive environment; the design and layout will not interfere with the neighboring development or pose pedestrian hazards; the Project has been designed to ensure the intended use will best serve the potential user; and special requirements or standards have been adequately incorporated where applicable. Staff affirms that the Project can meet all findings related to Design Review.
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. 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. The Planning Commission is not required to make a recommendation on the annexation process; however, information is provided for reference.
Pending approval of the items before the Planning Commission, the City Council will consider the Annexation and Prezoning 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).
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. As of the writing of this staff report, no written comments have been submitted.
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 - Project Elevations
This staff report was prepared by Nicole D. Moore, Planning Consultant, (209) 937-8266; Nicole.Moore.CTR@stocktonca.gov.