Stockton Planning Commission Meeting - December 10, 2020

The Stockton Planning Commission met on Thursday, December 10, 2020, beginning at 5:30 PM in the Council Chamber at City Hall, 425 N. El Dorado Street, Stockton, CA. Commissioner Xavier Mountain participated by Webex. Chair Waqar Rizvi arrived at 5:31 PM and Commissioner Jeff Sanguinetti arrived at 5:49 PM. The commission approved a consent item and a zoning map amendment, denied a cannabis retail permit and waiver, and received an informational update on the cannabis ordinance. The meeting recessed from 7:12 PM to 7:19 PM and adjourned at 8:06 PM.

Consent Calendar

• The Planning Commission 2021 meeting schedule (Item 20-7349) was approved under Motion 2020-12-10-0301. Commissioner Gerardo Garcia moved, Commissioner Kimberly A. Warmsley seconded, and the motion carried 6-0. Commissioner Sanguinetti was absent for this vote.

Public Comments & Testimony

• No general public comments were offered under Item 4.
• No public commenters came forward during either public hearing.
• During the cannabis hearing (Item 5.2), Sara Presler, the applicant's representative, and Cynthia Morgan-Reed, the applicant's counsel, spoke in support. Staff also called a Stockton Police Department vice-unit detective to provide crime data for the site.

Discussion Items

Zoning Map Amendment for Envision Stockton 2040 Consistency (Item 5.1)

• Senior Planner Tristan Osborne presented the first series of a citywide zoning map update to bring the Zoning Map into consistency with the Envision Stockton 2040 General Plan. About 6,000 city parcels are inconsistent; this series covered 724 parcels, less than 1 percent of the city. Several hundred are city-owned parks, schools, and rights-of-way, and fewer than 500 are privately owned.
• Changes would designate existing public facilities, parks, and school sites appropriately; align some single-family residential zoning with existing uses; and clarify rights-of-way and landscape parcels. Staff stated the update would not affect Regional Housing Needs Allocation sites and was covered under the General Plan EIR, so no additional CEQA review was required.
• Outreach included virtual workshops in August and October 2020, mailed notices, a project web page, a dedicated phone line and email, an online APN/address lookup tool, and 16 neighborhood storyboards.
• Commissioners asked about communication with the county assessor and potential property-tax effects. Staff said they would coordinate interdepartmentally and update outreach materials, but could not predict tax outcomes. Commissioner Sanguinetti asked whether the General Plan EIR addressed tax impacts of zoning changes; staff responded that fiscal impacts were referenced but not specific to each zoning change.
• Commissioner Sanguinetti noted this first series covered about 12 percent of the 6,000 inconsistent parcels and asked whether harder cases would return later. Staff confirmed more complex rezones would come in later series in spring and summer 2021.
• The commission adopted Resolution 2020-12-10-0501 recommending City Council approval. Motion by Commissioner Garcia, seconded by Commissioner Warmsley; the vote carried 7-0.

Cannabis Retail Storefront, Delivery-Only, and Location Waiver (Item 5.2)

• Application P20-0596 sought a Commission Use Permit for a retail storefront cannabis business, an Administrative Use Permit for a retail non-storefront (delivery-only) cannabis business, and a waiver to reduce the required 600-foot separation from a child care center to approximately 574 feet at 6709 Plymouth Road, Suites C and D, a 4,123-square-foot commercial space.
• Staff recommended approval. Staff explained the applicant was the 2019 lottery winner for one of two annual retail storefront permits. The proposed location met the 300-foot residential-zone separation but fell about 25 feet short of the 600-foot child care separation. The child care center sits across I-5, with access from Grisby Place, and the applicant argued the freeway, fences, and restricted access made the waiver appropriate.
• Director Will Crew noted that City Council's December 1, 2020 cannabis discussion gave no direction to stop accepting applications, so staff continued processing applications under the current ordinance.
• Crime data for 6709 Plymouth Road from January 2018 to October 2020 showed 12 calls that generated crime reports, including burglaries, armed robberies, petty theft, narcotic activity, and warrant arrests. Total calls for service were close to 100, not all criminal. Commissioner Mountain later cited a community crime map showing about 200 calls in the surrounding area.
• Commissioner Davie expressed concern that multifamily housing across the street is in a commercial zone and therefore not counted as a residential zone by the ordinance. Commissioner Sanguinetti opposed the waiver because the use would run with the land and set precedent, and he questioned the path-of-travel exhibit. Commissioner Garcia and Vice Chair Mallett supported the waiver, citing the I-5 barrier and comparing the proposal to a nearby existing dispensary.
• Commissioner Mountain moved to deny the application and waiver, seconded by Commissioner Davie. The motion carried 4-3: Davie, Mountain, Sanguinetti, and Warmsley voted yes to deny; Garcia, Mallett, and Rizvi voted no.
• Commissioners voting for denial articulated findings: the project did not meet the 600-foot child care location requirement without a waiver; the waiver could not be granted because the location was too close to child care and high-density housing and was in an area with elevated crime and public-safety concerns; and some use-permit findings, including compatibility, safety, and suitable intensity, could not be made. Staff was directed to return with a resolution containing denial findings.
• The 10-day appeal period was announced.

Informational Report: Review of Current Cannabis Ordinance (Item 8.1)

• The commission took no action. Director Will Crew reported on City Council's December 1, 2020 discussion, which raised concerns about the current cannabis ordinance and directed the Legislative Committee to review the equity program, the lottery program, and concentration and distance requirements. Staff will participate in that review, bring amendments back for Planning Commission input, and continue processing applications in the meantime.
• Staff also reported that City Council reversed the Planning Commission's prior decision on a cannabis use permit at Hammer Lane, which contributed to the council discussion on cannabis policy.

Commissioner Comments

• Commissioner Mountain praised the presentation layout and thanked staff.
• Commissioner Warmsley thanked current and past commissioners as she transitions to Stockton City Council District 6.
• Commissioner Davie congratulated Warmsley and asked that future cannabis ordinance review consider treating multifamily units in commercial zones as residential for separation purposes. She also promoted an NAACP Stockton Branch fundraising event on December 19, 2020.
• Commissioners Sanguinetti, Mallett, and Garcia congratulated Councilmember-elect Warmsley.

Key Outcomes

• Approved the 2021 Planning Commission meeting schedule, 6-0.
• Approved Resolution 2020-12-10-0501 recommending City Council approval of the first series of zoning map amendments, 7-0.
• Denied the cannabis use permits and location waiver for 6709 Plymouth Road, Suites C and D, 4-3, and directed staff to prepare a denial resolution.
• Took no action on the cannabis ordinance review; the Council's Legislative Committee will continue the policy review.