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ADOPT AN ORDINANCE FOR PREZONING AND ADOPT A RESOLUTION AUTHORIZING ANNEXATION REQUESTS FOR A PROPOSED CONVENIENCE STORE WITH FUELING STATION AND TWO QUICK-SERVE RESTAURANTS AT 3568 ARCH ROAD (APN 181-120-01) (P20-0011)
recommended action
RECOMMENDATION
It is recommended that the City Council:
1. Find that the proposed project is exempt from CEQA in accordance with the provisions of CEQA Guidelines Section 15183 (Projects); and
2. Adopt an Ordinance for the Prezoning of APN 181-120-01 to Commercial, General (CG); and
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 resolution and ordinance.
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Summary
The applicant, Parmeet Dhaliwal, is proposing to develop a new 2,529 square foot (SF) convenience store, 4,422 SF fueling canopy with six fueling stations and 12 parking stalls under an overhead canopy, and two 2,300 SF quick-serve drive-through restaurants, on a 1.54-acre site at the above-noted location, which is currently undeveloped and located within the County of San Joaquin, and herein referred to as the “Project.”
To develop the project, applications were filed for a Planning Commission Use Permit to allow a convenience store with off-sale of beer and wine, a Waiver of certain off-sale alcohol location requirements, a Tentative Parcel Map, Design Review, Prezoning to Commercial, General, and Annexation of the Project site into the Stockton City limits.
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 employment and tax-generating businesses in the City (Policy LU-4.2). All of this is accomplished in a development proposal that is mostly compliant with all applicable development standards within SMC Title 16 (Development Code).
On October 12, 2023, the Planning Commission approved a recommendation of approval to City Council for Prezoning, and conditionally approved the Tentative Parcel Map, Commission Use Permit for convenience store use, Waiver of certain off-sale alcohol location requirements, and Design Review. The Commission’s approvals are contingent on City Council’s approval of the Prezoning request and authorization of filing an Annexation application with the San Joaquin Local Agency Formation Commission (LAFCo).
DISCUSSION
Background
The proposed Project is located at the southeast corner of Arch Road and State Route (SR) 99 Frontage Road / Kingsley Road, just east of SR99 and is presently undeveloped. The parcel (also known as 3568 Arch Road) is presently within the jurisdiction of the County of San Joaquin, but contiguous to Stockton City Limit boundaries. (Attachment A - Location Map and Aerial Photo). The site is bounded to the:
• North by lands under construction and zoned Commercial, General (CG).
• South and East by residentially developed lands within the County of San Joaquin.
• West by CalTrans right-of-way and commercially developed land zoned CG.
The 2040 General Plan Land Use Map designates the subject site as Commercial (Attachment B - General Plan Map). Because the subject site sits just outside the City limits, there is no current City Zoning designation. Zoning designations for properties located nearby within the adjacent City limits and referenced above are identified in Attachment C - Zoning Map.
Project Description
Parmeet Dhaliwal has applied for all required entitlements to establish a commercial development located at the southeast corner of Arch Road and SR99 Frontage Road / Kingsley Road. 3568 Arch Road (Assessor’s Parcel Number (APN) 181-120-01), a vacant parcel of approximately 1.54 acres, is proposed to be developed with commercial uses. The proposed uses are described below.
The project proposes the construction of a 2,529 square foot (SF) convenience store, a 4,422 SF fueling canopy with six fueling stations, twelve parking stalls under an overhead canopy, and two 2,300 SF quick-serve drive-through restaurants. The site will also have off-street parking spaces, and on-site landscaping and site improvements. Rooftop mechanical units and equipment for each of the proposed buildings will be screened by parapet walls. The Project Plans (Attachment D - Project Plans), illustrate the overall proposed development.
In accordance with Stockton Municipal Code (SMC) Section 16.80.320, the Project complies with all applicable Development Code standards for fueling stations and drive-through restaurants, including the number of driveways and off-street parking spaces, queuing space, landscaping requirements, and minimum separations from pump islands to structures, property lines, and other pump islands. Convenience stores with off-sale beer and wine sales are allowed in the CG (Commercial, General) zoning districts, subject to securing a Commission Use Permit as specified in SMC Section 16.20.020, Table 2-2.
Additionally, this Project is exempt from the Tobacco Retail Ordinance as this Project was deemed complete prior to the effective date of the original ordinance of September 18, 2023.
ANALYSIS
To develop the project, the City Council is asked to Prezone 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
The proposed project is Categorically Exempt from the California Environmental Quality Act (CEQA) in accordance with the provisions of CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan), as with approval of a Waiver, the Project is consistent with the applicable general plan designation of CG and all applicable general plan policies.
To qualify for a CEQA 15183 exemption, the following findings must be made:
1. The project is consistent with the development density established by existing zoning, community plan or general plan policies for which an EIR was certified.
The Project is consistent with the General Plan density and implementing zoning as a commercial project that conforms to the anticipated density and adopted development standards in the Municipal Code.
2. There are no project specific effects which are peculiar to the project or its site.
The project is not located in an area with special consideration such as overlay zoning or items particular to the site. It is vacant land adjacent to the City boundary.
3. There are no project specific impacts which the GPU EIR failed to analyze as significant effects.
The adopted General Plan EIR analyzed the site as having a Commercial land use designation, for with the proposed Project is compliant with in relation to anticipated impacts from a commercial project of this size and nature.
4. There are no potentially significant off-site and/or cumulative impacts which the GPU EIR failed to evaluate.
Because the adopted General Plan EIR evaluated the site as being commercially developed in the future, any technical analysis prepared, such as air quality and traffic, etc., evaluated a commercial project at this location built to the maximum potential of the site. The proposed project conforms to the development standards within the Code and does not request a waiver of said standards, therefore there are no potentially significant off-site and/or cumulative impacts of said project.
5. There is no substantial new information which results in more severe impacts than anticipated by the GPU EIR.
No new information has been presented which deviates from the commercial development standards in the Municipal code, or type of development project proposed. Therefore, no new impacts or more severe impacts are anticipated, requiring additional evaluation or an addendum to the adopted General Plan EIR.
Prezoning
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 (Exhibit 1 to the Prezoning Ordinance).
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 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 (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 city limits. 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).
The project site is located within the City’s Sphere of Influence and is identified in the 10-year Planning Horizon of the Municipal Service Review. The area proposed for annexation includes the project area, and adjacent public roadway segments along Arch Road and Kingsley Road (Exhibit 2 to the Annexation Resolution). On January 29, 2024, the DRC forwarded, after considering the proposed Annexation and City Services Plan (Exhibit 1 to the Annexation Resolution), an approval recommendation to the Community Development Director for the annexation request.
If approved by City Council, the City Manager would be authorized to file an annexation application with (LAFCo).
Planning Commission Action
On October 12, 2023, the Stockton Planning Commission held a public hearing to consider the proposed project. At the hearing, the applicant provided a brief presentation after Staff’s presentation. One member of the public provided comments during the public hearing requesting the applicant to consider healthier fast-food options. There were no written comments provided. The Planning Commission approved (5-0 vote, Jones and Nathaniel absent) the Tentative Parcel Map, Commission Use Permit for convenience store use, Waiver of certain off-sale alcohol location requirements, and Design Review; and approved a recommendation of approval to the City Council for Prezoning of APN 181-120-01, to Commercial, General (CG). A Waiver was required due to the Project’s proximity to other off-sale establishments; however, the Planning Commission was able to make all findings to support approval of the Waiver.
The Commission’s approvals are contingent on City Council’s approval of the Prezoning request and authorization of filing an Annexation application with the San Joaquin Local Agency Formation Commission (Attachment E - Planning Commission Resolutions). Construction of the Project is contingent on City Council and LAFCo approval, and subsequent building permit issuance through the Community Development Department.
Public Notice
In preparation for the March 12, 2024 City Council public hearing, on March 2, 2024, a notice for the City Council public hearing for this request was published in The Record and mailed notices were sent to all property owners within a 300-foot radius, interested parties, and local agencies, at least 10 days prior. As of the date of this writing, no public comments have been received.
FINANCIAL SUMMARY
All application fees were paid to cover staff time for processing the requested actions. According to the City Services Plan, the proposed project will result in a positive effect on the City to cover expenses associated with new or expanded public facilities and services as a result of the collection of one-time utility connection and Public Facilities Fees (PFF). Other plan check and permit fees will be generated based on 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 - Planning Commission Resolutions