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INITIAL STUDY/ADDENDUM TO THE 2040 GENERAL PLAN ENVIRONMENTAL IMPACT REPORT, PREZONE, TENTATIVE PARCEL MAP, COMMISSION USE PERMIT AND DESIGN REVIEW REQUESTS FOR THE PROPOSED RETAIL COMMERCIAL CENTER DEVELOPMENT AT THE SOUTHEAST CORNER OF EAST HAMMER LANE & MARANATHA DRIVE (APN 130-030-13) (P19-0718)
recommended action
RECOMMENDATION
Staff recommends the Planning Commission adopt:
1. A resolution recommending the City Council adopt the Initial Study/Addendum to the previously certified 2040 General Plan Environmental Impact Report (SCH #2017052062) and adopt a Mitigation Monitoring and Reporting Program;
2. A Resolution recommending the City Council adopt an Ordinance for the Pre-zoning of the APN 130-030-13 to Commercial, General (CG);
3. A Resolution approving a Tentative Parcel Map, subject to conditions;
4. A Resolution approving a Commission Use Permit, subject to conditions; and
5. A Resolution approving Design Review, subject to conditions.
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Summary
Hammer Lane, LLC (“Applicant”), proposes to develop a retail commercial development on a vacant parcel located at the southeast corner of East Hammer Lane and Maranatha Drive. The retail center consists of a tentative parcel map subdividing the existing 4.32-acre parcel into four parcels ranging from 0.89 to 1.32 acres in size. Each of the four parcels would be used for distinct uses, including: (1) an AM/PM convenience store and fueling station; (2) a Sonic quick-serve restaurant; (3) a Black Bear Diner restaurant; and (4) an Elite Car Wash. Parking and on-site circulation area for customers would be shared amongst all four parcels.
Regarding the AM/PM convenience store and fueling station, in accordance with Stockton Municipal Code (SMC) Section 16.20.020, Table 2-2, “Allowable Land Uses and Permit Requirements,” a Commission Use Permit is required.
Convenience stores are also required to comply with the alcoholic beverage sales location restrictions in SMC 16.80.040(D)(2) and findings in SMC Section 16.168.050. Convenience Stores must also comply with the Problem Use criteria in SMC 16.80.270 and address the findings for Problem Uses under SMC 16.168.050. The proposed Convenience Store complies with all location restrictions under SMC 16.80.040(D)(2), and all findings required under Section 16.168.050, which include “General Findings,” “Problem Uses,” and “Alcoholic Beverages” can be made.
To develop the retail center, the Planning Commission is asked to consider forwarding to City Council approval recommendations pertaining to an Initial Study/Addendum to the 2040 General Plan Environmental Impact Report (EIR Addendum) and Prezone request, as well as approving a Tentative Parcel Map, a Commission Use Permit and Design Review, subject to conditions. Typically, car wash would require a discretionary Land Development Permit approval, however under SMC section 16.20.020(F) Freeway and Highway Oriented Uses, if the Project site is within 1,000 feet of State Highway Route 99, the car wash use is permitted by right and does not need a discretionary approval.
The EIR Addendum was prepared for the proposed project in compliance with the California Environmental Quality Act (CEQA). Pursuant to CEQA Guidelines section 15164, a Subsequent EIR is not required. Per CEQA Guidelines section 15162, the EIR Addendum need not be circulated for public review. The basis for this determination is discussed in detail below.
The project is consistent with the 2040 General Plan Land Map designation of Commercial applicable to the site. The project also furthers General Plan policies aimed at attracting employment and tax-generating businesses in the city (Policy LU-4.2). All of this is accomplished in a development proposal that is compliant with all applicable development standards within SMC Title 16 (Development Code).
DISCUSSION
Background
The subject site consists of a vacant parcel identified as Assessor’s Parcel Number (APN) 130-030-13 and is located at the southeast corner of Maranatha Drive and East Hammer Lane. The parcel is presently within the jurisdiction of the County of San Joaquin, but contiguous to Stockton City Limit boundaries. (Attachment A -Aerial Photo). The site is bounded to the:
• North (across Hammer lane) by vacant land zoned Commercial, Auto (CA) and single-family dwellings on land zoned Residential, Low Density (RL);
• West by the future CarMax Auto Superstore - on currently vacant land zoned Commercial, General (CG);
• South by agricultural land located in the County of San Joaquin; and
• East by agricultural land and a church, which is proposed to be developed with a future hotel project, in the County of San Joaquin.
Because the subject site sits just outside the City Limits, there is no City Zoning Map designation. Zoning Map designations for properties located nearby within 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
Hammer Lane, LLC, has applied for all required entitlements to establish a retail commercial development located at the southeast corner of East Hammer Lane and Maranatha Drive (Attachment D - Project Plans).
The Project Plans illustrate the overall proposed development. APN 130-030-13, a vacant parcel of approximately 4.32 acres, is proposed to be developed as a retail commercial center with the parcel to be subdivided into four commercial sites as shown in the Tentative Parcel Map. The proposed uses within the retail center are described below. Rooftop mechanical units and equipment for each of the proposed buildings will be screened by parapet walls.
• ARCO AM/PM fueling station and convenience store. The fueling station component would have eight multi-pump dispensers that would serve up to 16 vehicles at a time. A canopy approximately 6,418 square feet in area would cover the dispensing pumps. The convenience store would be in a single-story wood or metal stud frame structure approximately 3,922 square feet in floor area. If a Use Permit is approved as part of this application, the convenience store would be licensed for Type 20 - Off-Sale Beer and Wine. The proposed store is not within 500 feet of schools, day-care, public park, playground, recreation or youth facilities. Convenience stores are required to provide one (1) parking space per 150 square feet, which equates to 26 parking spaces per SMC 16.64.040, Table 3-9. Fueling stations are required to provide one (1) space per 400 square feet of canopy area, which equates to 16 spaces per SMC 16.64.040 Table 3-9. The total required area for the fueling station and convenience store is 42 spaces.
• A Sonic quick-serve restaurant. The Sonic building would be a single-story wood or metal stud frame structure have approximately 2,720 square feet of floor area for cooking and indoor dining. Customers would receive in-vehicle food service in two designated parking areas covered by canopies totaling 2,640 square feet in area. Fast food/takeout restaurants are required to provide one (1) parking space per 100 square feet, which equates to 27 parking spaces per SMC 16.64.040, Table 3-9.
• A Black Bear Diner sit-down restaurant. The Black Bear Diner building would be a single-story wood or metal stud frame structure have 5,338 square feet of floor area and 157 seats for indoor dining. The Black Bear project would be licensed for Type 41 - On-Sale Beer and Wine. The proposed store would not be within 500 feet of schools, day-care, public park, playground, recreation or youth facilities. Table service restaurants are required to provide one (1) parking space per 200 square feet, which equates to 27 parking spaces per SMC 16.64.040, Table 3-9.
• An Elite Car Wash, a stand-alone, unattended carwash. The carwash would be a single-story wood or metal stud frame “tunnel” carwash, with a conveyor approximately 140 feet in length and within a structure of approximately 4,625 square feet. The carwash will provide 20 vacuum stations to the north and east of the main facility. Self-service car washes are required to provide one (1) parking space per SMC 16.64.040, Table 3-9.
As discussed above, the convenience store and fueling station is required to provide 42 parking spaces; the fast-food/takeout restaurant is required to provide 27 parking spaces; the table service restaurant is required to provide 27 parking spaces; and the car wash is required to provide one (1) parking space. The total required amount of parking spaces for the site is 97 spaces, however the Project is exceeding the required amount and is providing a total of 170 parking spaces distributed throughout the site, as shown below.
Standard Spaces (9’ x 19’) 86 spaces
Accessible Spaces (9’ x 19’) 6 spaces
Fuel Island 16 spaces
Clean Air/ Carpool/ EV 15 spaces
Sonic’s Canopy Parking 16 spaces
Car Wash Vacuum Spaces 20 spaces
Car Wash Vacuum Space (Accessible) 1 space
Future EV Charging (Accessible) 4 spaces
Future EV Charging 6 spaces
Access to the proposed retail center would be provided from a right-in/right-out driveway off East Hammer Lane shared with the neighboring proposed hotel site, two right-in/right-out driveways off Maranatha Drive along the west side of the site, and one full access driveway off the SR 99 Frontage Road to the south.
Interim and ultimate connections of Sanitary Sewer, Storm Drain, and Water Service for 3928 East Hammer Lane (APN 130-030-13) will be designed in accordance with the Request for Utility Services dated December 13, 2017 and the City's response dated February 22, 2018. Existing electrical, natural gas, and telecommunication lines along Hammer Lane would be utilized as needed to provide these services to the project site.
All proposed buildings shall each be constructed as a single-story wood or metal stud frame structure with conventional footing and concrete slab on grade. All buildings would be heated and cooled with mechanical ventilation per current California Building Code requirements. For the restaurants, kitchen hoods would be exhausted per current California Building Code requirements. The car wash itself would be open air unconditioned space, but enclosed spaces associated with this facility shall be provided with natural or mechanical ventilation per the California Building code requirements. Fire suppression shall be per California Building Code and local jurisdictional requirements. All rooftop mechanical units and equipment would be screened by parapet walls.
STAFF ANALYSIS
To develop the retail center, the Planning Commission is asked to consider forwarding to City Council approval recommendations pertaining to the EIR Addendum and Prezone request. Additionally, the Planning Commission is asked to approve a Tentative Parcel Map, a Commission Use Permit and Design Review, subject to conditions. Each request and staff’s analysis are provided below.
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Environmental Clearance
An Environmental Addendum has been prepared for the project, in accordance with the California Environmental Quality Act (CEQA). An Initial Study was prepared to determine whether any of the conditions described in CEQA Guidelines section 15162 were met to trigger the requirement to prepare a Subsequent EIR, which includes determining one or more of the following:
1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially more severe then shown in the previous EIR;
(C) Mitigation measures or alternatives previously found to be not feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative.
A CalEEMod air quality analysis, a screening level Health Risk Assessment, a Noise Assessment, and a Traffic Analysis were all prepared to determine whether the EIR Addendum could be prepared in conformance with CEQA requirements. CEQA does not require the EIR Addendum to be circulated for public review. The EIR Addendum is included as an Exhibit to the Resolution.
The EIR Addendum provides substantial evidence demonstrating that none of the conditions listed in CEQA Guidelines section 15162 would occur. Thus, no Subsequent EIR is required for the City to approve the project, because the 2040 General Plan EIR sufficiently describes and mitigates, to the extent feasible, the potentially significant project-level and cumulative effects associated with the project.
Pursuant to CEQA Guidelines Section 15064, the Planning Commission must consider the EIR Addendum prior to acting on the project. As reflected in the attached Proposed Resolution, an approval recommendation to adopt the EIR Addendum is presented, including adoption of a corresponding Mitigation Monitoring and Reporting Program (MMRP).
Prezone
Since the project site is presently located within the County of San Joaquin, annexation must occur and be preceded by “Prezoning” it through a Zoning Map Amendment. The project, therefore, includes a request to Prezone the site to Commercial, General (CG) Zone (Attachment E - Prezone Description).
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 Commercial 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 Planning Commission is the Review Authority for the Tentative Parcel Map, Commission Use Permit, and the Design Review requests.
Tentative Parcel Map
The proposed Project consists of a Tentative Parcel Map to subdivide the project parcel (APN 130-030-13) into four lots (Attachment F - Tentative Parcel Map). The 4.32-acres will be divided into the following: Parcel 1 (±1.01 acres); Parcel 2 (±0.89 acres); Parcel 3 (±1.32 acres); and Parcel 4 (±1.10 acres). The configuration of the proposed lots is consistent with the City’s standards for the subdivision of lots for the proposed commercial uses.
The proposed Project is consistent with the General Plan Commercial designation and the proposed Prezone of Commercial, General (CG) for subdivision design, lot sizes, and lot configurations. Access to the new parcels is proposed to be taken from the existing East Hammer Lane to the north, Maranatha Drive to the west, and SR99 Frontage Road to the south, and necessary services and facilities can be provided as shown in the City Service Plan. Additionally, the design of the subdivision and its proposed improvements will not cause substantial environmental impacts as shown in the EIR Addendum. Therefore, the site is physically suitable for the development as the Project is consistent with the commercial use requirements and has been conditioned to comply with all applicable development standards.
Commission Use Permit
When evaluating applications for new alcoholic beverage sales establishments, the proposed Commission Use Permit must be evaluated against the location restrictions identified in SMC Section 16.80.040 as referenced below.
Location Restrictions
SMC Section 16.80.040(D)(2)(a)
Per SMC Section 16.80.040(D)(2)(a), new alcoholic beverage sales activities or establishments shall not be located within 500 feet of a public or private kindergarten through grade 12 academic school, nursery school, preschool, daycare facility, public park, playground, recreational area or youth facility. Staff thoroughly researched and evaluated the surrounding area in relation to the proposed site and concluded the proposed location complies with this section. Most of the land uses within 500’ of the proposed use are commercial or low-density residential uses. The subject use complies with the noted minimum required separation.
Crime Reporting District - SMC Section 16.80.040(D)(2)(d)(ii)(A)
Per SMC Section 16.80.040(D)(2)(d)(i)(a), the establishment shall not be in a crime reporting district, where the average number of crimes in that district exceeds the average number of crimes for all reporting districts citywide by more than 20 percent.
The subject site is located within Crime Reporting District 3358. Because the parcel is not currently within the Stockton City Limits, there are no available crime statistics data. Instead, staff requested 2020 data for Crime Reporting District 0358, which is directly adjacent and west of the parcel. Statistics provided by the Stockton Police Department for the 2018-2020 reporting period shows the citywide average for all reporting districts is 183 calls for service. At 2677 calls for service, crime reporting district 0358 exceeds the city-wide average number of crimes by over 20 percent (Attachment G - Calls for Service).
While it is evident that the neighboring crime reporting district exceeds the average number of crimes for all reporting districts by more than 20 percent, CRD 0358 covers a large territory of shopping centers, inclusive of the entire south side of East Hammer Lane from Maranatha Drive to the railroad tracks just west of Girardi Lane, which includes the entire auto mall, the Home Depot shopping center, the Pavilion, and other shopping areas around Holman Road and East Hammer Lane. Calls for service can be skewed higher in areas where there is a concentration of retail establishments. The Planning Commission has the discretion to waive these restrictions to promote and support local economic business growth, throughout the City.
Existing Off-sale Licenses - SMC Section 16.80.040(D)(2)(ii)(B)
The establishment shall not be located in an area within 500 feet of an existing off-sale alcoholic beverage establishment or any location that will lead to the grouping of more than four (4) off-sale alcoholic beverage establishments within a 1,000-foot radius. Based on ABC records, there are no existing off-sale alcoholic beverage establishments within 500 feet of the site. Within a 1000’ radius, there is one existing off-sale alcoholic beverages establishment at 7700 Moreland Street. It can be confirmed that, with approval of this Use Permit, a grouping of two (2) will be created that is below the grouping allotment of four (4) establishments per ABC. The subject use complies with the separation restrictions for off-sale alcohol establishments.
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 November 24, 2020, the Architectural Review Committee reviewed the project for conformance with the Citywide Design Guidelines and recommended approval, as proposed. On January 7, 2021, the applicant brought back revisions to the Sonic quick-serve restaurant for additional review by the Architectural Review Committee which were also approved. The Director concurs with the committee’s recommendations, and as presented in the Proposed Resolution, presents approval findings for Planning Commission consideration.
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). On May 10, 2021, the DRC forwarded, after considering a City Services Plan, an approval recommendation for the annexation request.
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 retail center site, (south of East Hammer Lane), and adjacent public roadway segments at East Hammer Lane and Maranatha Drive (Attachment H - Annexation Map).
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 May 4, 2021, in accordance with SMC Section 16.88.025, the applicant held a virtual 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. City staff attended the meeting, and 1 member of the public did as well.
Notice for the Planning Commission public hearing for this request was published in The Record on June 14, 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 Description
Attachment F - Tentative Parcel Map
Attachment G - Calls for Service
Attachment H - Annexation Map
This staff report was prepared by Nicole Moore, Planning Manager, (209) 937-8195; nicole.moore@stocktonca.gov.