Stockton Planning Commission Meeting - February 25, 2021: Convenience Store, Historic Appeal, Wireless Code Amendments
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Stockton Planning Commission Meeting - February 25, 2021
The Stockton Planning Commission met on February 25, 2021, from 5:30 PM to 8:35 PM to consider three public hearing items: a use permit for a convenience store and gas station, an appeal of a director's determination regarding historic resource status of a downtown building, and amendments to the municipal code for wireless communication facilities. All seven commissioners were present (Mallett, Sanguinetti, Garcia, Jones, Mountain, Rizvi, Villapudua). The meeting included spirited debate on historic preservation, traffic impacts, and code consistency.
Public Comments & Testimony
- Item 5.1 (Convenience Store): Arturo Carrasco-Becerra submitted electronic comment urging reduced alcohol sales hours (6 a.m. to 2 a.m.) and redesign to move building closer to street for better aesthetics.
- Item 5.2 (Historic Resource Appeal): Seven emails opposed to demolition were read into the record. Appellant Phillip Merlo (historian, Vice Chair of Cultural Heritage Board) provided a written statement read aloud arguing the demolition would violate city design guidelines, destroy last historic frontage downtown, and that the rebuttal study ignored primary sources about Carnegie brick. Robert Holzer (Chair of Cultural Heritage Board) spoke in person, noting the building is over 100 years old, contributes to historic fabric, and that there is no need for more parking given nearby vacant lots. He referenced the 2007 settlement requiring adaptive reuse efforts.
- Item 5.3 (Wireless Code): Judith Fairweather and Hannah Borris submitted electronic comments. Hannah Borris (Verizon Wireless) spoke live, thanking staff for collaboration and supporting staff recommendation with revisions.
Discussion Items
- 5.1 - Use Permit for Convenience Store at 1243 West March Lane: Staff presented the project (2,900 sq ft convenience store with off-sale beer/wine, 8 fueling stations, car wash) on former Outback Steakhouse site. Crime reporting district stats were higher than city average (183 crimes/year), but 70% from Target (internal loss prevention). Only 36 calls to site in 2020, two resulting in crime reports. The project is not in compliance with location restrictions due to crime stats, but commission can waive. Commissioners raised traffic concerns: truck turning movements, driveway widening, potential stacking on March Lane, and left-turn prohibition onto Pershing. Applicant Amad Ghaderi (ANS Engineering) addressed concerns, noting updated truck-turning exhibit, and stated fuel deliveries average 1-2 per day, could not commit to off-peak hours due to operational needs. Commissioner Sanguinetti amended condition 21 to require detailed plans for curb, gutter, sidewalk, driveway, and traffic circulation. Motion passed 7-0.
- 5.2 - Appeal of Director's Determination on 434-440 East Weber Avenue: The building (1916, two-story masonry, vacant ~20 years) was deemed not a historic resource by staff based on review by Garavalia Architecture and Michael Baker International. Appellants argued it meets criteria for association with developer A.C. Olahan and distinctive brick construction. Commissioners debated: Commissioner Mountain questioned how a surface parking lot would revitalize downtown and noted the 2007 settlement precedent for adaptive reuse. Vice Chair Sanguinetti expressed concern about tearing down more buildings before previous projects materialized, and favored sending to Cultural Heritage Board for expert opinion. Commissioner Rizvi emphasized the board's composition (historian, architect, etc.) as a check and balance. Applicant Zach Court (developer) spoke passionately about his investments in downtown (over $40 million) and the need for parking for the Kendall Building project (55-62 residential units, 25,000 sq ft office). He argued the building had sat vacant and no one else had offered to develop it. Motion to uphold the appeal and forward to Cultural Heritage Board passed 7-0.
- 5.3 - Amendment to Wireless Communication Facilities Code: Staff presented amendments to Chapters 16.44 (communications facilities) and 16.72.125 (encroachment permits) to comply with federal/state regulations, standardize review, and set design standards for small cell facilities (5G). Discussion focused on information sharing (master plans) with carriers like Comcast citing homeland security concerns. Vice Chair Sanguinetti raised inconsistencies between the code (giving authority to Community Development Director) and other municipal code sections (e.g., 12.08.020 requiring permits from City Engineer for sidewalk/curb work). He proposed splitting the item: approve 16.44 (communication facilities) to allow master license agreements to move forward, and continue 16.72 for cleanup. After debate, the commission voted 7-0 to approve Resolution 2021-02-25-0503 for Chapter 16.44 and continue Chapter 16.72 to a later meeting.
Key Outcomes
- Resolution 2021-02-25-0501 (Item 5.1): Approved 7-0 for use permit and design review at 1243 West March Lane, with amended condition 21 requiring detailed improvement plans for curb, gutter, sidewalk, driveway, and traffic circulation. Appellable within 10 days.
- Resolution 2021-02-25-0502 (Item 5.2): Approved 7-0 to reverse the Director's Determination and forward the historic resource question to the Cultural Heritage Board for review. Appellable within 10 days.
- Resolution 2021-02-25-0503 (Item 5.3): Approved 7-0 to recommend City Council adopt Chapter 16.44 amendments for wireless communication facilities (find CEQA exemption, adopt ordinance). Chapter 16.72.125 (encroachment permits) was continued to a later meeting for consistency cleanup. The commission also waived reading of public comments for items 5.2 and 5.3 by unanimous votes.
Meeting Transcript
Good evening, everyone, and welcome to the Planning Commission meeting of February 25th, 2021. This time I would like to ask the city clerk to please take roll. Chair Mallet. Present. Vice Chair Sangetti. Present. Commissioner Garcia. Present. Commissioner Mountain? Here. Commissioner Rusby? Here. Commissioner Jones. President. Commissioner Via Pudua. Here. Thank you. I would now like to ask Commissioner Risby to lead us in the flag salute. Please join. I'd like to leave the flag of the United States of America. And the Republicans. One nation undervisible. Liberty and Justice Rome. Okay. So the first item would be the consent agenda. Seeing no items, we will move on to agenda item number four, public comment. Let me check with staff downstairs. Staff, is there any public comment? There are no public comments. Thank you. Okay, then we'll move on to item number five, public hearings. The first item agenda 5.1 is a request for a use permit and design review to allow the establishment of a convenience store with off sale of beer and wine, general merchandise, and a fueling station with a car wash facility at 1243 West March Lane. We'll open the public hearing. And are there any commissioner disclosures? Okay, Steph. Would you like to make your presentation, please? Hi. Good evening, Chair Mallet and members of the commission. It's nice to see you tonight. Agenda item 5.1 is a request for a use permit and design review to allow the establishment of a convenience store with off sale of beer and wine, general merchandise, a fueling station, a car wash facility at 1243 West March Lane. As shown in attachment A of the staff report, the site is located at the northeast corner of West March Lane and North Pershing Avenue, where a vacant building sits, and you guys might know it as the former Outback Steakhouse. High density residential in the brown color, and administrative professional in the white tan color. However, the commercial designation for the general plan is red. The site has zoning designations of commercial large scale, and this affects all of the College Square Shopping Center as well as the Target shopping square. The Venetian Gardens shopping area across the street is Commercial General to the North at Delta College's uh public facilities, and it's also has uh has commercial office around it and residential high density. And when we talk about project entitlements for a project such as this, convenience stores uh with off sale of beer and wine require a commission use permit if they're allowed in C L, which is commercial large scale, which this one is. Our code defines convenience stores as having an alcohol component, which would be less than 20% of their gross floor area devoted to the sale, display, and storage of beer and wine. Alcohol uses also have very unique findings that staff has to make and very unique conditions of approval that staff has to add to the resolution when we look at convenience stores. And also, because this project is new construction, the design review component of this action is before you today as well. So going into the project details, the project itself is 2900 square feet.
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