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ZONING MAP AMENDMENT, LAND DEVELOPMENT PERMIT AND DESIGN REVIEW REQUESTS FOR PROPOSED FUELING STATION AND DRIVE-THROUGH RESTAURANT USE, INCLUDING FREEWAY-ORIENTED POLE SIGN, AT THE SOUTHEAST CORNER OF WEST CHARTER WAY (APN 163-230-23) (Application No. P17-0551)
recommended action
RECOMMENDATION
Staff recommends that the Planning Commission adopt two resolutions:
1. Forwarding a recommendation to the City Council to adopt an Ordinance for the Zoning Map Amendment of the APN 163-230-23 from Industrial, Limited (IL) to Commercial, General (CG); and
2. Approving a Land Development Permit and Design Review, subject to conditions.
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Summary
Robert Vermeltfoort, on behalf of property owner Carol Ann Jaques Trust, proposes the development of a fueling station with six (6) pump stations, a 2,450 square foot drive-through restaurant use building, and a 2,958 square foot mini mart building on a vacant parcel located at the southeast corner of West Charter Way and South Stockton Street - all commercial development would occur on 760 West Charter Way (APN 163-230-23). The fueling station and drive-through restaurant would provide a shared parking area, a second driveway abutting West Second Street, new landscaping, a trash enclosure, a forty-foot tall freeway-oriented pole sign, and a monument sign.
To develop the fueling station and drive-through restaurant use, the Planning Commission is asked to consider forwarding to City Council, approval recommendations pertaining to a Zoning Map amendment and to approve a Land Development Permit and Design Review, subject to specified conditions of approval.
The proposed project is consistent with the applicable 2040 General Plan Land Map designation of “Commercial.” The requested Zoning Map Amendment will replace a current incompatible Industrial, Limited (IL) Zone designation with a compatible Commercial, General (CG) Zone designation. Approval of the proposal will further General Plan Policy LU-6.2, “Prioritizing development and redevelopment of vacant, underutilized, and blight infill areas.” The project furthers General Plan policies aimed at attracting jobs and tax-generating businesses and complies with applicable development standards within SMC Title 16 (Development Code).
PRESENT SITUATION
Background
The subject site consists of a vacant parcel identified as Assessor’s Parcel Number 163-230-23 and located at the southeast corner of West Charter Way and South Stockton Street. (Attachment A - Location Map and Aerial Photo). The site is bounded to the:
• North (across W Charter Way) by a fast food restaurant and light industrial and warehousing - each located on land zoned Industrial, Limited (IL);
• West is a Fast Food Restaurant on land zoned Industrial, Limited (IL) and three (3) single family dwellings (SFD) located on land zoned Industrial Limited (IL);
• South are single family dwellings located on land zoned Residential, Low Density (RL); and
• East is a shop-work area with small office located on land zoned Industrial, Limited (IL) and InterstateHighway 5.
Zoning Map designations for properties 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
The proposed project would establish a fueling station with six (6) pump stations, a 2,450 square foot drive-through restaurant building, and a 2,958 square foot mini mart building located at the southeast corner of West Charter Way and South Stockton Street (Attachment D - Project Plans). The fueling station and drive-through resturant would occur on approximately half of the 2.38-acre site with the remaining balance reserved for a future commercial development. A total of 47 parking stalls are provided. The site plan accommodates two points of vehicular access, the first along West Charter Way and the second along West Second Street. The project would install curb, gutter and sidewalk along its entire frontage of West Charter Way and sidewalk along its entire frontage of West Second Street. The project includes a forty-foot tall freeway-oriented pole sign and a monument sign.
STAFF ANALYSIS
To develop the fueling station and drive-through restaurant, the Planning Commission is asked to consider forwarding to City Council, approval recommendations pertaining to a Zoning Map Amendment and to approve a Land Development Permit and Design Review. Each request and staff’s analysis are provided below.
Zoning Map Amendment
Per the City of Stockton Municipal Code (SMC) Chapter 16.16 Zoning Districts Established, Zoning Map Adopted, the proposed land use for the fueling stations is permitted in the current zoning district of Limited, Industrial (IL). However, the proposed restaurant drive-through land use is not permitted in the IL district. Additionally, the current IL district is incompatible with the site’s General Plan Land Use Map designation of Commercial. The project, therefore, includes a request for a Zoning Map Amendment to designate the site as Commercial, General (CG) Zone.
Pursuant to General Plan Table 2-1 (General Plan Relationship to Development Code), 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 Zoning Map Amendment.
Development Permits
By code, the Director is the Review Authority for Land Development Permit and Design Review requests. However, given the project’s physical development plans are integral to the environmental review and zoning aspects, the Director elevated the Land Development Permit and Design Review actions to the Planning Commission for action, as provided by SMC Section 16.88.050(B)(5) and 16.136.020(B).
Land Development Permit
SMC Section 16.20.020, Table 2-2 (Allowable Land Uses and Permit Requirements), provides that a Land Development Permit is required to establish a “Fueling Stations” land use in the Commercial, General (CG) Zone. Additionally, the proposed freeway-oriented pole sign requires a Land Development Permit per SMC Section 16.76.100(E)(2). The proposed 40-foot tall pole sign would be located along the frontage adjoining West Charter Way and in the environmental review discussion, CEQA compliance is demonstrated through a Class 32 (Urban Infill) Categorical Exemption.
Design Review
SMC Section 16.120.020(A)(2) requires 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, Guidelines Section 4.02.060 for drive-through businesses and 4.02.110 for fueling station provides the relevant reference point for the City’s expectations for quality development.
On September 25, 2019, the Architectural Review Committee (ARC) reviewed the project for conformance with the Citywide Design Guidelines. The ARC requested additional elevations for the fueling station canopy and trash enclosure, a photometric and landscaping plan, and minor revisions to one elevation. As presented in the Proposed Resolution, these details will be confirmed by the Director prior to building permit issuance.
Environmental Review
The Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines §15332 (In-Fill Development Projects). The attached Proposed Resolution includes findings that document the Project: (a) is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (b) occurs within the city limits on a site of no more than five acres substantially surrounded by urban uses; (c) occurs on a site with no value as habitat for endangered, rare or threatened species; (d) would not result in any significant effects relating to traffic, noise, air quality, or water quality; (e) can be adequately served by all required utilities and public services.
Public Comments
On January 9, 2020, in accordance with SMC Section 16.88.025, the applicant held a neighborhood meeting to present the development proposal and receive feedback from the surrounding neighbors. Mailed notice of the meeting was provided to property owners within a 300-foot radius of the project site at least ten days in advance of the meeting date. The meeting was held at the Delores Huerta Elementary Cafeteria/Multi-Purpose Room at 1644 S. Lincoln Street (Attachment E - Community Meeting Information). City staff attended the meeting and there were no other attendees besides the applicant.
Notice for the Planning Commission’s public hearing for this request was published in The Record on January 9, 2019, 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 - Community Meeting Information
This staff report was prepared by Courtney Brown, Associate Planner, (209) 937-8269; courtney.brown@stocktonca.gov.