Stockton Planning Commission Meeting - March 11, 2021

The Stockton Planning Commission met on March 11, 2021 at 5:30 PM via teleconference and in the Council Chamber. All seven commissioners were present: Chair Anne Mallett, Vice Chair Jeff Sanguinetti, Gerardo Garcia, Brenda Jones, Xavier Mountain, Waqar Rizvi, and Brando Villapudua. The meeting lasted until 6:13 PM. Key actions included the denial of a use permit for off-sale alcohol at Delta Market and the continuation of a public hearing on wireless facilities.

Consent Calendar

• Approval of Minutes: The Commission unanimously approved (7-0) the minutes from the January 14, 2021 and February 11, 2021 Planning Commission meetings.

Public Comments & Testimony

• Item 5.1 (Delta Market Use Permit): Public comments were received from:
  • Ravinder Singh (business owner across the street): Opposed the permit, stating his business had been denied a beer license four times in 20 years due to crime rates and school proximity. He argued it would be unfair to approve this application if his was denied.
  • Mary Elizabeth (written comment): Urged denial due to overconcentration of alcohol establishments in disadvantaged areas and requested increased enforcement.
  • Brett Jolley (attorney for neighboring Delta Liquor Store): Supported staff recommendation, citing the existing seven off-sale licenses in the census tract (ABC recommends a maximum of four) and no public convenience or necessity for an additional type 21 license.
  • Bishop Singh (applicant for Delta Market): Argued for approval, stating he would surrender his existing type 20 license or transfer a type 21 license from another location, resulting in no net increase in licenses. He claimed the neighboring liquor store’s overcrowding creates nuisance and that a second license would disperse crowds.

Discussion Items

• Item 5.1 – Request for Use Permit for Off-Sale Alcohol at 549 West Dr. Martin Luther King Jr. Boulevard (Delta Market):

  • Staff presented that the applicant seeks to upgrade from a type 20 (beer and wine) to a type 21 (beer, wine, and distilled spirits) license. The store qualifies as a mini-mart (less than 20% floor area for alcohol). Key findings against approval:
    • Location restrictions: The site is within 500 feet of an existing off-sale liquor store, violating separation requirements, but complies with the grouping limit (not more than four within 1000 feet).
    • Crime reporting district: The district (0127) has 107 total crimes, 76% above the citywide average of 61 per district. Only one of the calls for service resulted in a crime report.
    • Overconcentration: The census tract already has seven active off-sale licenses (ABC recommends four).
    • Staff concluded the permit would weaken neighborhood integrity and increase harmful effects of alcohol sales. They recommended denial.
  • Commissioner comments: Several commissioners echoed concerns about overconcentration, crime, and fairness to other businesses that were denied. Commissioner Villapudua noted the area’s existing issues with homelessness and crime. Commissioner Garcia split but leaned toward denial, recognizing no net increase but noting the overconcentration and inequity. No commissioner spoke in favor of approval.
  • The Commission voted 7-0 to deny the use permit based on the findings in the resolution.

• Item 5.2 – Continued Public Hearing on Wireless Facilities (Title 16 Amendment):

  • Staff requested a continuance to March 25, 2021. The Commission unanimously agreed.

Reports/Communications

• William Crew, Director of Community Development, reported that the cannabis item would be discussed at the Legislative and Environmental Committee meeting on March 17, 2021. Staff continues to review input from the Commission and City Council.

Key Outcomes

• Consent Calendar: Approved 7-0.
• Use Permit Denial (Delta Market): Motion by Commissioner Mountain, seconded by Commissioner Rizvi. Vote: 7-0 in favor of denial. The decision can be appealed within 10 days per Stockton Municipal Code 16.100.02.
• Wireless Facilities Hearing: Continued to March 25, 2021 without objection.
• Next Steps: Staff to report back on cannabis program after the March 17 committee meeting.