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REQUEST FOR A TENTATIVE MAP, AND DESIGN REVIEW TO ALLOW THE SUBDIVISION OF AN EXISTING PARCEL INTO FIVE LOTS FOR RETAIL AND SERVICE COMMERCIAL DEVELOPMENT AT 10505 TRINITY PARKWAY (P23-0266) (APN 066-020-04)
recommended action
RECOMMENDATION
Staff recommends that the Planning Commission:
1. Find no further environmental review is necessary from the California Environmental Quality Act (CEQA) as an Environmental Impact Report (EIR 3-87) (SCH #1987032415) was adopted and certified by the City of Stockton for the identified area and are companion documents to the Master Development Plan (MDP 1-00) adopted by City.
2. Adopt a Resolution approving a Tentative Map and Design Review, subject to conditions.
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Summary
The applicant, RSC Engineering, on behalf of Sam’s Real Estate Business Trust, filed an application for a Tentative Map to subdivide an existing 17.98-acre parcel into five (5) parcels which will accommodate retail and service commercial development in the A.G. Spanos Business Park Master Development Plan area. Three parcels are proposed for a Chick-Fil-A quick-serve restaurant, IN-N-OUT quick-serve restaurant, and Dutch Brothers Coffee drive-through, and two parcels are proposed for self-storage facilities, on currently undeveloped land, and herein known as the “Project.”
The Project is consistent with the 2040 General Plan Land Use Map designation of Mixed-Use 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) and the A.G. Spanos Business Park Master Development Plan (MDP).
Staff recommends the Planning Commission approve the requested Tentative Map and Design Review, subject to conditions.
DISCUSSION
Background
The proposed Project is located at the southwest corner of Trinity Parkway and Scott Creek Drive and shares a westerly boundary with Mokelumne Circle. The site is presently undeveloped. (Attachment A - Aerial Photo). The site is bounded to the:
• North, south and east by existing commercial development, zoned Mixed-Use (MX).
• West by developed residential uses zoned Residential, Low Density (RL).
The 2040 General Plan Land Use Map designates the subject site as Mixed-Use (Attachment B - General Plan Map). The subject site is also zoned Mixed-Use (MX) (Attachment C - Zoning Map).
Approved Master Development Plan
The A.G. Spanos Business Park, identified as MDP1-00, is a 200+/- acre mixed-use project for development in the southwest corner of Interstate 5 and Eight Mile Road. This Master Development Plan (MDP) is to simplify the project planning and review process by providing the City's decision makers with sufficient information to guide and manage the development of the A.G. Spanos Business Park.
The MDP and associated Environmental Impact Report (EIR 3-87) was approved and certified by the City Council on January 29, 2002 for:
1) Tentative Subdivision Map to subdivide 227+/- acres into 25 lots for a proposed business park with a Master Development Plan and Mixed Use (MX) zoning, for property located south of Eight Mile Road, immediately west of I-5 north of Pixley Slough (TM11-00);
2) Tentative Subdivision Map to subdivide 137+/- acres into 473 lots for single-family residential purposes, for property located south of Eight Mile Road, approximately 1,400 feet west of I-5 (TM12-00); and
3) Tentative Subdivision Map to subdivide 25 acres into 68 lots for single-family residential purposes and a remainder, for property located south of Eight Mile Road, west of I-5 and north of Pixley Slough, along the western City limit line (TM9-01).
The majority of the Master Development Plan area has been built out. The subject parcel is one of the few remaining vacant parcels that have yet to be developed.
Present Situation
RSC Engineering has applied for all required entitlements for the Project. The Project Plans illustrate the overall proposed development. Assessor’s Parcel Number (APN) 066-020-04, a vacant parcel of approximately 17.98-acres, is proposed to be subdivided into five (5) lots and developed with commercial uses. In order to construct and occupy the proposed Project uses, the Planning Commission must consider approving a Tentative Map as well as Design Review for each building. The proposed uses are described in detail below.
Tentative Map
The applicant desires to subdivide the existing singular parcel into five (5) parcels, with a remainder parcel, as shown in Exhibit 1 to the Resolution. The existing parcel is approximately 17.98 +/- acres and would be subdivided as detailed below:
Parcel A: 1.41 +/- acres, for development of a self-storage facility
Parcel B: 1.712 +/- acres, for development of an IN-N-OUT restaurant
Parcel C: 2.027 +/- acres, for development of a Chick-Fil-A restaurant
Parcel D: 2.435 +/- acres, for development of a self-storage facility
Parcel E: 1.263 +/- acres, for development of a Dutch Brothers Coffee drive-thru
Remainder Parcel: 9.12 +/- acres that would remain undeveloped at this time
The Stockton Municipal Code (SMC) Section 16.120.020(A)(2) requires Design Review for all new commercial development throughout the City. Design Review requests are evaluated for conformance with the Citywide Design Guidelines. For this project, Citywide Design Guidelines Section 4.02.060 (Drive-Through Businesses), 4.02.080 (Mini-Storage Facilities), and 4.02.090 (Mixed-Use Development) provide criteria for the achievement of quality development, compatibility with surrounding uses, functional site arrangement, safe and convenient parking and circulation, and architectural character. The Project plans are attached as Exhibit 2 to the proposed Resolution approving the Project.
Chick-Fil-A
The Chick-Fil-A fast-food restaurant use within the Project consists of the construction of a 5,967 square foot (SF) drive-through restaurant, with 66 parking stalls and a drive-through queue length that can hold 46 vehicles. The site will also have on-site landscaping with an area of outdoor seating, and comprehensive site improvements. Rooftop mechanical units and equipment for each of the proposed buildings will be screened by parapet walls.
IN-N-OUT
The IN-N-OUT fast-food restaurant use within the Project consists of the construction of a 3,887 square foot (SF) drive-through restaurant, with 63 parking stalls and a drive-through queue length that can hold 31 vehicles. The site will also have on-site landscaping with an area of outdoor seating, and comprehensive site improvements. Rooftop mechanical units and equipment for each of the proposed buildings will be screened by parapet walls.
Dutch Brothers
The Dutch Brother’s take out coffee shop use in the Project consists of the construction of a 950 square foot (SF) drive-through and walk-up coffee shop, with 9 parking stalls and a drive-through queue length that can hold 24 vehicles. The site will also have on-site landscaping and comprehensive site improvements. There is no planned outdoor seating. Rooftop mechanical units and equipment for each of the proposed buildings will be screened by parapet walls.
Self-Storage Facility
The self-storage use in the Project consists of three (3) individual two-story buildings, and outlined as such:
Parcel A: Building C, two (2) story, 56,197 +/- SF, three parking spaces
Parcel D: Building A, two (2) story, 41,263 +/- SF
Building B, two (2) story, 50.145 SF
Seven (7) parking spaces
Each parcel will be developed with on-site landscaping and site improvements. Rooftop mechanical units and equipment for each of the proposed buildings will be screened by parapet walls. Access to Parcel A and Parcel D will be through a new street that will connect Scott Creek Road to the existing parking lot for Wal-Mart, or via a direct connection to Parcel D via Trinity Parkway.
In accordance with SMC Section 16.80.150, each development Project complies with all applicable Development Code standards for drive-through restaurants, including the number of driveways and off-street parking spaces, queuing space, landscaping requirements, and minimum separations to structures, and property lines.
Ministerial Actions
As prescribed by Development Code Table 2-2 (Section 16.20.020), the Project is also required to obtain a Land Development Permit for outdoor seating associated with the Chick-Fil-A and IN-N-OUT restaurants. The inclusion of outdoor seating at both restaurants is an ancillary, yet desirable, function of their business. Per SMC 16.136.020, the Director is the Review Authority for Land Development Permits; on February 20, 2024, the Permit received conditional approval subject to Planning Commission approval of the Project. Design Review is also required for construction of the new buildings per SMC 16.120, and as there is an approved Master Development Plan for the area, so long as the buildings received approval from the Spanos Design Review Board, the approval of the design through the City of Stockton is ministerial.
Additionally, construction of the Project necessitates the removal of nine (9) street trees, requiring a Street Tree Permit. Per SMC Section 16.162.020, the Director is the Review Authority for permits to remove, replace, or relocate street trees; on February 20, 2024, the Permit received conditional approval subject to Planning Commission approval of the Project. Removed street trees are required to be replaced on a one-to-one basis and will be incorporated into the development of the site.
STAFF ANALYSIS
To develop the Project, the Planning Commission is asked to approve the Tentative Map and Design Review, subject to conditions. Each request and staff’s analysis are provided below.
Tentative Map
SMC Section 16.188.050(B)(2) provides that, for a Tentative Map, the Planning Commission shall approve, conditionally approve, or disapprove a Tentative Map following the review and recommendation by the Development Review Committee (DRC).
Development Review Committee
The DRC shall:
a) Consider any agency comments on the map, and any public testimony;
b) Review and evaluate each tentative map as to its compliance and consistency with applicable provisions of this development code, the municipal code, the general plan, any specific plan, master development plan, or precise road plan, any master plan, the city’s standard specifications and plans, and the subdivision map act. The director shall consider any initial study or environmental impact report, where applicable;
c) Approve or conditionally approve a tentative parcel map only after the director has first made all findings required by section 16.188.060; and
d) May impose conditions of approval in compliance with section 16.188.070.
Required Findings
To approve the project, the Planning Commission must make the following findings per the SMC:
Tentative Map
SMC 16.188.060(A)(1) Approval Findings for Tentative Parcel Maps
SMC 16.188.060(A)(2) Supplemental Findings for a Tentative Parcel Map
As indicated in the proposed Resolution, the proposed uses are allowed in the MX zone per the list of allowable uses in the approved Master Development Plan and complies with applicable provisions of the Development Code. When considering the Tentative Map to allow the subdivision of the land, the Commission action is guided by the following criteria:
Tentative Map Findings - SMC 16.188.060(A)(1)
a) The approval of the proposed subdivision would be consistent with the General Plan designation because the site is categorized as a Mixed-Use and the land uses comply with future development as planned in the Master Development Plan for A.G. Spanos Business Park Master Development Plan Land Use Table 3-1.
b) The site is physically suitable for the type of proposed density of the development as it is a vacant site proposed for future commercial use. With the proposed Conditions of Approval, services will be available to the site.
c) The design of the subdivision is not likely to cause substantial environmental damage or injure fish or wildlife or their habitat due to the location of the project in an urbanized and developed area. The project area was evaluated under the Spanos Park Environmental Impact Report (EIR 3-87) (SCH #1987032415) which was approved and certified by the City Council. The Project, as proposed, is consistent with the EIR and Master Development Plan.
d) The design of the proposed development is not likely to cause serious public health or safety problems. The proposed uses are compatible with the adjacent commercial uses to the north, south, and west, and will not cause serious public health or safety problems. All on-site and off-site improvements to serve the proposed lots will be constructed separately from this project, which provides a public benefit. Any potential health risks have been evaluated in the referral process for the Tentative Map.
e) The design of the subdivision would not conflict with easements acquired by the public at large for access through, or use of, property within the proposed subdivision. There are no existing easements that have been acquired through, or use of, the property within the proposed subdivision of the parcel. An easement will be added between the subject Project and the existing Wal-Mart project development to the south for access, as well as any additional easements necessary for the improvements and utility connections into the Project site.
f) The discharge of sewage from the proposed subdivision into the regional sewer system would not result in the violation of existing requirements prescribed by the California Regional Water Quality Control Board and shall submit a Storm Water Quality Control Plan at the time of building permit submittal.
g) A preliminary soils report or geological hazard report indicating adverse soil or geological conditions will be required at the time of building permit submittal.
h) The proposed subdivision is consistent with all applicable sections of the Development Code, Municipal Code, the City’s standard specifications and plans, and the Map Act.
Tentative Map Supplemental Findings Section 16.188.060(A)(2)
In addition to the above-noted findings required for approval of a Tentative Map by SMC Section 16.188.060(A)(1), the Commission shall make the following findings.
1. Construction of Improvements. It is in the interest of public health and safety, and it is necessary as a prerequisite to the orderly development of the surrounding area, to require the construction of improvements within a specified time after recordation of a parcel map of four (4) or fewer parcels where improvements are required.
The project is for a subdivision of 5 parcels, so this finding is not applicable.
2. Condominiums. Any applicable findings required by SMC Section 16.196.030 for condominium conversions.
The project will not be a condominium project, so this finding is not applicable.
3. Dedications or Exactions. Any applicable findings required by SMC Section 16.72.060(A) (Findings required for dedications and exactions), if dedications or exactions are required.
There are no exactions being required of the Project. Consistent with SMC Section 16.72.060(B) and as indicated on the proposed subdivision map, there are no existing easements that have been acquired through, or use of, the property within the proposed subdivision of the parcel. An easement will be added between the subject Project and the existing Wal-Mart project development to the south for access, as well as any additional easements necessary for the improvements and utility connections into the Project site.
4. Waiver of Parcel Map. The findings required by SMC Section 16.192.020(A)(1) (Waiver of parcel map), if waiver of a Parcel Map has been requested with the tentative map application.
This is not applicable to the project as no waiver of the map has been requested.
SMC Charter 16.90 (Floodplain Management Findings)
Floodplain management finding required per Stockton Municipal Code Chapter 16.90. Based on City Council action related to Reclamation District 2042 a finding in accordance with SMC 16.90.020A(3) can be made; “The local flood management agency has made adequate progress (as defined in California Government Code Section 65007) on the construction of a flood protection system that will result in flood protection equal to or greater than the urban level of flood protection in urban or urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in non-urbanized areas for property located within a flood hazard zone, intended to be protected by the system.”
Due to the adequate progress finding there are no building restrictions imposed on the project at this time. The adequate progress finding is subject to annual renewal.
Design Review
Chapter 8, Administration, of the adopted Master Development Plan for the A. G. Spanos Business Park (MDP1-00) states that future development on the Plan Area shall be subject to review and approval by the Spanos Design Review Board, and then reviewed for consistency with the Community Development Director. Approval from the Spanos Design Review Board is attached as Attachment D.
On February 20, 2024, the Director reviewed the proposed Project site plan, elevations, and colors, included as Exhibit 3 to the Resolution, and found them to be substantially in compliance with the applicable provisions in the City’s Design Review Guidelines. Following review of the plans, the Director approved the Design Review component of the Project.
Public Comments
Notice for this item was published in the Record on March 18, 2024, and a mailed notice has been sent to all property owners within a 300-foot radius of 10505 Trinity Parkway on March 18, 2024. To date, staff has not received any comments from the public as a result of the notices.
Environmental Clearance
The Spanos Park West Environmental Impact Report (EIR 3-87) (SCH #1987032415) and subsequent supplemental EIR and addendum are for the identified area and are companion documents to the Master Development Plan (MDP 1-00) adopted by City. A Notice of Determination (NOD) was filed on December 27, 2001.
Per the EIR and MDP, future development in the area has been adequately analyzed and no further environmental review is required so long as the proposed development project or use is consistent with the Master Development Plan. All development projects shall adhere to the adopted Mitigation and Monitoring Reporting Program (MMRP) and Development Agreement.
Attachment A - Aerial Photo
Attachment B - General Plan Map
Attachment C - Zoning Map
Attachment D - Spanos Design Approval
This staff report was prepared by Nicole D. Moore, Contract Planner. She may be contacted at Nicole.Moore.CTR@stocktonca.gov.