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REQUEST FOR A GENERAL PLAN AMENDMENT AND REZONE TO ALLOW THE ESTABLISHMENT OF A CONVENIENCE STORE AT 9036 THORNTON ROAD (P23-0083) (APN 072-410-43)
recommended action
RECOMMENDATION
It is recommended that City Council:
1. Adopts a Resolution approving a General Plan Land Use Map Amendment to change approximately 1.48-acres of APN 072-410-43 from Administrative Professional to Commercial and the remaining .62-acres from Administrative Professional to Medium Density Residential; and
2. Adopts an Ordinance approving a Zoning Map Amendment to change approximately 1.48-acres of APN 072-410-43 from Commercial, Office (CO) to Commercial, General (CG) and the remaining .62-acres from Commercial, Office (CO) to Residential, Medium Density (RM); based on the findings and subject to the conditions in the proposed resolution.
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Summary
The applicant, Al Shaghaghi, is requesting a General Plan and Zoning Map Amendment to develop a new convenience store with off-sale of beer and wine, fueling station, and car wash facility on a 1.48-acre portion of an approximately 2.12-acre site at 9036 Thornton Road. The applicant intends to develop a residential project on the remaining .62 acres at a future date. The applicant is currently processing a separate ministerial lot line adjustment/merger application to establish the two legal lots for the two uses described above.
The convenience store, fueling station, and car wash facility, also known as the “Project”, consists of the construction of a 3,400 square foot (SF) convenience store, 816 SF car wash facility, six fueling stations with 12 parking stalls under a 4,606 square foot overhead canopy, 25 off-street parking spaces, and on-site landscaping and site improvements.
Convenience Store, Fueling Station, and Car Wash land uses are not permitted under the current General Plan designation of Administrative Professional and Zoning designation of Commercial, Office (CO). Amending the project site’s General Plan designation to Commercial, and the Zoning designation to Commercial, General (CG), would permit the Project’s proposed land uses. Additionally, amending the remaining .62 acres' General Plan designation from Administrative Professional to Medium Density Residential, and Zoning designation to Residential, Medium Density (RM) would allow for future residential development compatible with the existing neighborhood adjacent to the east side of project site.
Staff and the Planning Commission recommend approval of the requested General Plan Land Use and Zoning Map Amendments based on the required findings provided herein.
DISCUSSION
Background
The proposed convenience store, fueling station, and car wash facility is for a site located at the southeast corner of Thornton Road and Waudman Avenue at 9036 Thornton Road. This site has a General Plan designation of Administrative Professional and is currently zoned Commercial, Office (CO) (Attachment A - Aerial Photo, General Plan & Zoning Map) and is bound to the:
• North by a small commercial strip center zoned Commercial, General (CG) and single-family residential which is zoned Residential, Low Density (RL).
• South by properties zoned Commercial, Office (CO).
• East by single-family residential zoned RL and Residential, Medium Density (RM).
• West by single-family residential within the County of San Joaquin and vacant land within the City of Stockton zoned CG.
Present Situation
For the applicant to construct and operate the proposed Convenience Store with off-sale beer and wine, fueling station, and car wash facility, the Planning Commission heard and approved a Use Permit and Design Review, which is subject to approval of a General Plan Amendment and Zoning Map Amendment by the City Council.
The Project’s 2.12-acre site is currently vacant and comprised of four parcels combined to form APN 072-410-43. The Project applicant is currently processing a lot line adjustment/merger that will result in two new parcels, which is ministerially processed and handled separately from the development requests. The requested convenience store land use is proposed for ‘Parcel One’ that will be 1.48-acres and ‘Parcel Two’ will be 0.62-acres to provide for future residential development.
The convenience store, fueling station, and car wash facility, would consist of the construction of 3,400 square foot (SF) convenience store, 816 SF car wash facility, six fueling stations with 12 parking stalls under an overhead canopy, 25 off-street parking spaces, and on-site landscaping and site improvements. (Attachment B - Site Plan, Floor Plan and Elevations). In accordance with SMC Section 16.80.320, the Project complies with all applicable Development Code standards for fueling stations, including the number of driveways and off-street parking spaces, landscaping requirements, and minimum separations from pump islands to structures, property lines, and other pump islands.
The Planning Commission heard the item on November 9, 2023, and made a unanimous decision for approval of the Project.
STAFF ANALYSIS
Environmental Clearance
The proposed project is Categorically Exempt from the California Environmental Quality Act (CEQA) in accordance with the provisions of CEQA Section 15332(b) - which consists of projects characterized as in-fill development that meet the following:
a. 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. With approval of the proposed General Plan Land Use and Zoning Map amendments, the project will be consistent with applicable general plan designation and policies, as well as with applicable zoning designation and regulations.
b. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The project site is within the City of Stockton City Limits, surrounded by urban uses, on a 2.12-acre parcel. Upon completion of a separate lot merger, the site will be 1.48-acres in size.
c. The project site has no value as habitat for endangered, rare, or threatened species. The site is already in an urbanized area within the City Limits.
d. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. Project impacts to traffic, noise, air quality, or water quality are negligible as it will be serving that existing area.
e. The site can be adequately served by all required utilities and public services. Public utilities are readily available and accessible to serve the project.
General Plan Amendment
The proposed project would require a General Plan Amendment to the 2040 Land Use Map to change the land use designation to match the project’s proposed commercial development plan and future residential development.
As proposed, the amendment to the General Plan Land Use Map would change approximately 2.22 acres as follows:
• 1.48-acres from Administrative Professional to Commercial
• 0.62-acres from Administrative Professional to Medium Density Residential (for future development)
The Commercial designation allows for a wide variety of retail, service, and commercial recreational uses, business, medical and professional offices, residential uses, public and quasi-public uses, and other similar and compatible uses. The Residential designation allows for a wide range of residential uses and densities.
The proposed Commercial designation across the 1.48-acre area is considered consistent with General Plan policies and objectives and would be consistent with the overall adjacent commercial development in this area, and therefore would represent a minor adjustment to the General Plan land use map. The extension of the Residential, Medium Density designation across the .62-acres site is considered consistent with General Plan policies and objectives and would be consistent with overall adjacent residential uses and densities in the area.
The subject development would also further the following General Plan policies:
• Policy LU-4.2 “Attract employment- and tax-generating businesses that support the economic diversity of the city.”
• Policy LU-6.2 “Prioritize development and redevelopment of vacant, underutilized and blighted infill areas.”
• Action CH-2.1C: “Develop incentives to promote reuse of distressed areas, such as through re-zoning, permit streamlining, density bonuses, and other appropriate tools.”
• Policy CH-2.2: “Stimulate investment through partnerships with private property owners, neighborhood groups, health and housing advocates, nongovernmental organizations, and other community supporters.”
• Action CH-2.2A: “…Encourage private investment in older neighborhoods. Cooperate in joint public-private partnerships to invest in older neighborhoods.”
As reflected in the attached Proposed Resolution, all necessary findings can be made to support the proposed General Plan Land Use Map Amendment action.
Additionally, State law limits the number of General Plan amendments that a city can make to four (4) in a calendar year. When more than four (4) amendments are proposed in a calendar year, city staff attempts to combine the proposed amendments into single consolidated actions the City Council can approve to avoid exceeding the state limit. On May 23, 2023, the City Council approved a Resolution of Intent, attached as Exhibit 1 to the proposed resolution, to approve a General Plan map amendments for a series of City initiated efforts. The City intended to pair that amendment with several others General Plan amendments that were tentatively scheduled in 2023, but for various reasons, those efforts were not acted on in 2023.
While this is the first General Plan amendment in 2024 calendar year, City staff still needs to complete the 2023 City initiated effort and continues to anticipate numerous amendment requests in 2024. For that reason, the City proposes a consolidated General Plan amendment to include the proposed Thornton Road Project (P23-0083) and the previously approved City initiated effort from May 2023. This would be the City’s first General Plan amendment for 2024.
Zoning Map Amendment
The project proposes rezoning the 1.48-acre portion of the project site from Commercial, Office (CO) to Commercial, General (CG), coinciding with the portion of the project site that would implement the General Plan designation of Commercial. As reflected in the attached Proposed Resolution, all necessary findings can be made to support the proposed Zoning Map Amendment action. The project also proposes rezoning the .62-acre portion of the project site from Commercial, Office (CO) to Residential, Medium Density (RM), coinciding with the portion of the project site that would implement the General Plan designation of Medium Density Residential. As reflected in the attached Proposed Resolution, all necessary findings can be made to support the proposed Zoning Map Amendment action.
Public Comments
Planning Commission
On November 9, 2023, the Stockton Planning Commission held a public hearing to consider the Project via a Design Review, Use Permit, and Recommendations to Council for a General Plan Amendment and Zoning Map Amendment.
Staff presented a Resolution for denial of the Use Permit for the Convenience Store use that includes off-sale of alcohol based on stated findings relating to non-compliance with the SMC location requirements and finding for Public Convenience or Necessity (PCN). A representative from the applicant team, as well as two (2) members of the public provided comments during the public hearing in support of the project. There was one written comment provided in opposition to the Project. After closing the hearing, the Planning Commission approved a motion directing staff to prepare a Resolution for approval based on their stated waiving of the SMC location requirements to promote economic business growth and finding for public convenience being provided by the Project.
Further, the Planning Commission voted 5-0 (Rizvi, Thompson absent) approving a recommendation that the City Council adopt an Ordinance for APN 072-410-43, to amend the General Plan Designation from Administrative Professional to Commercial and Residential Medium Density, and Rezone to Commercial, General (CG) and Residential, Medium (RM). (Attachment C - Planning Commission Resolutions). Construction of the Project is contingent on City Council approval of the General Plan Amendment and Rezone, and subsequent Building Permit issuance through the Community Development Department.
On December 14, 2023, the Planning Commission adopted Resolution 2023-12-14-0302 ratifying the Commission's November 9th intent to approve a Use Permit for the Convenience Store use, requiring a Waiver of the location restrictions related to overconcentration of existing licenses in the census tract and proximity to existing off-sale establishments. The Use Permit is contingent on the City Council’s approval of the General Plan and Zoning Amendments.
Legal Notice
Notice for this item was published in the Record on January 26, 2024, as well as to all property owners within a 300-foot radius of 9036 Thornton Road. Staff has not received any comment from the public on this project at the time of writing this staff report.
FINANCIAL SUMMARY
All application fees were paid to cover staff time for processing the requested actions. The proposed commercial retail project is anticipated to generate sales tax dollars and result in a positive economic effect on the City.
Attachment A - Aerial Photo, General Plan & Zoning Map
Attachment B - Site Plan, Floor Plan and Elevations
Attachment C - Planning Commission Resolutions