Stockton Planning Commission Meeting - July 22, 2021

The Stockton Planning Commission met on July 22, 2021, at 5:30 PM in the Council Chamber. Commissioners Jeff Sanguinetti (Vice Chair), Brenda Jones, Waqar Rizvi, and Brando Villapudua were present; Anne Mallett, Gerardo Garcia, and Xavier Mountain were absent. The meeting addressed a consent calendar item, public comments, a public hearing on an appeal of a director's determination regarding a food truck park time extension, and a workshop on the Cannabis Regulatory Program. The meeting adjourned at 8:34 PM.

Consent Calendar

• Approved Resolution 2021-07-22-0301, reflecting the Planning Commission’s May 27, 2021 denial of a Use Permit and Design Review for a crematorium at 809 North California Street. The motion carried 4-0.

Public Comments & Testimony

• Xochitl Paderes submitted an electronic public comment requesting that the city review and address zoning discrepancies between the county and city strategic plans, citing clients facing expenses and oversight challenges due to misaligned zoning.

Discussion Items

5.1 Appeal of Director’s Determination to Disapprove Time Extension for Temporary Activity Permit P20-0824 (Food Truck Park at 2107 West Lane)

• Staff Presentation: Stephanie Ocasio (Assistant Director of Community Development) explained that the food truck park (Stocklandia) operates under a Temporary Activity Permit (TAP) because the use is not listed in the Stockton Municipal Code. A six-month TAP was issued in October 2020. The applicant requested a six-month extension in April 2021, but the director disapproved due to non-compliance with conditions, including exceeding the allowed number of food trucks, tables and chairs, tents, and complaints about noise, traffic, and safety. Staff cited 10 confirmed complaints, two citations (March and April 2021), and concerns about nearby schools (elementary, middle, and high school) reopening and potential jaywalking across West Lane.
• Applicant Rebuttal: Veronica Caitos, Kenneth Foster, and Robert Arius (owners of Stocklandia) argued that all complaints were minor and corrected immediately (tables/chairs removed, food truck count reduced). They stated they have a good relationship with the school principal, conduct fundraisers, and have had no police incidents or traffic accidents. They expressed a desire to work with the city to create a food truck park ordinance and noted interest in an alternative downtown site (190 North American).
• Commissioner Discussion: Commissioners acknowledged the need for a food truck park concept but expressed concerns about the location near schools and residential areas. Commissioner Villapudua supported the business but noted traffic and safety issues. Vice Chair Sanguinetti initially felt the site was inappropriate but after hearing testimony, he and others leaned toward granting a limited extension with new conditions (e.g., a plan for school crossings). Commissioner Rizvi questioned whether the original findings for denial were valid given the TAP was initially approved.
• Motion: Commissioner Sanguinetti moved to direct staff to bring back a resolution granting the appeal and allowing a time extension with appropriate findings and conditions. The motion was seconded by Commissioner Rizvi and passed 4-0.

8.1 Cannabis Regulatory Program - 2021 Policy Project Workshop/Study Session

• Staff Presentation: Stephanie Ocasio presented proposed code amendments based on council direction, an equity assessment, and best practices. Key proposals included:
  • Location Requirements: Three options: (1) current requirements without waiver, (2) staff-recommended alignment with ABC alcohol location restrictions (300 ft from residential zones/uses, 600 ft from schools, parks, daycare, etc., plus 1,000 ft between cannabis businesses), (3) minimum state requirements. Staff recommended Option 2.
  • Equity Program: Remove cultivation and volatile manufacturing from the lottery; require equity applicants to maintain 50% ownership for 5 years; require annual metrics (demographics); provide technical assistance if resources available.
  • Lottery Process: Require location address and a processing fee (proposed $200–$500) at lottery entry; require land use application within 90 days of winning.
  • Zoning: Remove Commercial Neighborhood (CN) zone for retail cannabis; allow certain microbusinesses (manufacturer-distributor-retailer with >50% retail) in commercial zones.
• Commissioner Feedback: Commissioners expressed concerns about removing churches and drug/alcohol recovery facilities from the 600 ft separation list. They preferred to retain those categories. Commissioner Villapuda wanted to keep current separation requirements. Vice Chair Sanguinetti and others agreed to recommend adding churches (places of worship) and recovery facilities back into Option 2. Police department representatives stated they had no objections and had vetted the proposals.
• Outcome: No formal vote; staff will incorporate commission feedback and present a draft ordinance to the Legislative Committee and then return to the Planning Commission for a recommendation to City Council.

Key Outcomes

• Consent Calendar approved 4-0.
• Appeal (Item 5.1): Motion passed 4-0 directing staff to prepare a resolution granting the time extension for the food truck park with revised findings and conditions. The resolution will be brought back for final approval.
• Cannabis Workshop: Staff will include commission's request to retain churches and drug/alcohol recovery facilities in the location separation requirements when drafting the ordinance. The next steps are to present to the Legislative Committee and then return to the Planning Commission with a draft.
• The meeting recessed at 7:12 PM and reconvened at 7:21 PM.
• Commissioner comments included thanks to staff, announcements of upcoming events, and condolences for a young man killed near Edison pool.
• Meeting adjourned at 8:34 PM.