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ADOPT A RESOLUTION APPROVING AN ADDENDUM TO THE 2040 GENERAL PLAN ENVIRONMENTAL IMPACT REPORT, ADOPT AN ORDINANCE FOR PRE-ZONING, AND ADOPT A RESOLUTION AUTHORIZING ANNEXATION REQUESTS FOR THE PROPOSED HAMMER MARKETPLACE DEVELOPMENT ON EAST HAMMER LANE (APN 130-030-13) (P19-0718)
recommended action
RECOMMENDATION
It is recommended that the City Council:
1. Adopt a resolution adopting an Addendum to the 2040 General Plan Environmental Impact Report and adopt a Mitigation Monitoring and Reporting Program;
2. Adopt an ordinance for the Pre-zoning of the APN 130-030-13 to Commercial, General (CG);
3. Adopt a resolution authorizing the filing of an annexation application with the San Joaquin Local Agency Formation Commission; and
4. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolutions.
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Summary
The Project applicant, Hammer Lane, LLC, submitted an application to develop a commercial retail center on one parcel approximately 4.32 acres, that is presently within the jurisdiction of the County of San Joaquin.
To develop the retail project, the City Council is asked to consider approval of an Initial Study/Addendum to the 2040 General Plan Environmental Impact Report (EIR Addendum), Pre-zoning the property to Commercial, General (CG), and authorizing the filing of an application for annexation with the San Joaquin Local Agency Formation Commission (LAFCo).
The EIR Addendum was prepared for the project in compliance with the California Environmental Quality Act (CEQA). Pursuant to CEQA Guidelines section 15164, the EIR Addendum is not required to be circulated for public review where none of the conditions described in CEQA Guidelines section 15162 are met to trigger the requirement for a Subsequent EIR. The EIR Addendum confirms that, as discussed more thoroughly in the Staff Analysis below, none of the conditions described in CEQA Guidelines section 15162 which would trigger the need for a Subsequent EIR are met.
The proposed project will advance important land use policy objectives and result in a net positive effect on city revenues estimated at $750,000 annually, excluding initial development impact fee payments. 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 also compliant with all applicable development standards within SMC Title 16 (Development Code).
Staff and the Planning Commission recommend adoption of the proposed resolution and ordinance.
DISCUSSION
Background
The subject site consists of one parcel identified as Assessor’s Parcel Number 130-030-13 and located on East Hammer Lane and Maranatha Drive, presently within the jurisdiction of the County of San Joaquin. (Attachment A - Location Map and 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 Low Density, Residential (LDR);
• West by vacant land approved for auto uses on land proposed to be zoned Commercial, General (CG);
• South by agricultural land located in the County of San Joaquin; and
• East by vacant land for the proposed future hospitality use on land proposed to be pre-zoned Commercial, General (CG);
As the subject site abuts the incorporated limits of the City of Stockton, no Zoning Map designation is provided for the subject property. Zoning Map designations for properties located in the city adjacent to the site 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 retail commercial development located at the southeast corner of East Hammer Lane and Maranatha Drive (Attachment D - Project Plans). The parcel is in the unincorporated county, abutting the City of Stockton limits.
APN 130-030-13 totals 4.32 acres and would be developed as a retail commercial center with the parcel to be subdivided into four commercial sites. The proposed uses within the retail center would consist of an ARCO AM/PM, Sonic, Black Bear Diner, and an Elite Car Wash, and expanded upon below.
• 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. A Use Permit was approved as part of this application and will have a Type 20 - Off-Sale Beer and Wine license. It is anticipated that the ARCO AM/PM would employ approximately 22 people.
• 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. It is anticipated that the Sonic would employ approximately 40 people.
• 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. It is anticipated that the Black Bear Diner would employ approximately 60 people.
• 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. It is anticipated that the Elite Car Wash would employ approximately 10 people.
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.
The proposed retail development is “Permitted” use under the proposed CG pre-zoning and would not require additional discretionary action. Provision of utility service to the project will require off-site improvements. These improvements will be subject to the review and approval of the City Municipal Utilities and Public Works departments and a review of their consistency with adopted wastewater, water and storm water master plans.
The proposed retail uses are consistent with the existing General Plan designation and proposed pre-zoning of the site, and the necessary development approvals are within the range of probable development-related activities considered in the 2040 General Plan EIR.
ANALYSIS
To develop the retail commercial center, the City Council is asked to consider approval of the EIR addendum, Prezoning the subject site to Commercial, General (CG) Zone, and authorize the filing of an annexation application with LAFCo. Each request and analysis are provided below
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.
A CalEEMod air quality analysis, a screening level Health Risk Assessment, a Noise Assessment, and a Traffic Analysis were all prepared in order 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. (Attachment E - EIR Addendum & Appendices).
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.
In addition, because potential unknown archaeological resources could be encountered during project construction, the EIR Addendum proposes an additional, more stringent mitigation requirement to provide for monitoring of all subsurface construction activity on the retail commercial site by a qualified professional archaeologist (MM CULT-1). Pursuant to CEQA, an addendum may impose additional mitigation requirements, where appropriate at a project-specific level, when the significant impacts are not substantially different from what were previously analyzed in the prior EIR and the applicant agrees to adopt the measure.
Pursuant to CEQA Guidelines §15064, the City Council 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).
Pre-zone
Since the project site is presently located within the County of San Joaquin, annexation must occur and be preceded by “Pre-zoning” it through a Zoning Map Amendment. The project, therefore, includes a request to Pre-zone the site to Commercial, General (CG) Zone (Attachment F - Pre-zone 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 Pre-zone action.
Upon approval of the Annexation by the San Joaquin Local Agency Formation Commission (LAFCo), the Zoning Map Amendment would become effective and applicable.
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 August 30, 2021, the DRC forwarded, after considering a City Services Plan (Attachment G - 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 project site, and the adjoining proposed hotel (separate project) to the east (south of East Hammer Lane), and adjacent public roadway segments at East Hammer Lane and Maranatha Drive (Attachment H - Annexation Map).
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).
Development Permits
By code, the Director is the Review Authority for the Tentative Parcel Map and Design Review requests. However, given the project’s physical development plans are integral to the environmental review and zoning aspects in addition to the required Commission Use Permit, the Director elevated the Tentative Parcel Map and Design Review actions to the Planning Commission for decision, as provided by SMC Section 16.88.050(B)(5) and 16.136.020.
On June 24, 2021, the Planning Commission approved the Commission Use Permit, Tentative Parcel Map, and Design Review requests subject to conditions (Attachment I - Planning Commission Resolutions). That action is not effective unless and until the City Council approves the requests presently under review and LAFCo approves annexation.
PUBLIC COMMENT
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 received 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 one member of the public did as well.
On June 24, 2021, no persons, other than the applicant, spoke either in support or opposition to the project during the Planning Commission’s public hearing.
On September 18, 2021, notice for the City Council public hearing for this request was published in The Record 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.
FINANCIAL SUMMARY
All application fees were paid to cover staff time for processing the requested actions. The proposed project will result in a positive effect on City Tax General Fund revenues estimated at $750,000 annually as a result of Sales Tax.
When building permits are obtained to construct the Project, Utility connection and Public Facilities Fees will be generated and received in the Utility and PFF revenue accounts. Plan check and permit fees will be generated based on the building construction valuation.
Attachment A - Location Map and Aerial Photo
Attachment B - Zoning Map
Attachment C - General Plan Land Use Map
Attachment D - Project Plans
Attachment E - EIR Addendum and Appendices
Attachment F - Pre-zone Description
Attachment G - City Services Plan
Attachment H - Annexation Map
Attachment I - Planning Commission Resolutions