Stockton Planning Commission Meeting - September 23, 2021

The Stockton Planning Commission met on September 23, 2021, at 5:30 PM for a regular meeting. The meeting included approval of consent calendar items and a study session on the cannabis regulatory program. No public comments were received. The commission took action on two consent items and held a workshop on defining religious facilities in relation to cannabis businesses.

Consent Calendar

• 3.2 – Approval of Planning Commission Minutes: The commission voted 7-0 to approve the minutes from the July 22, 2021, and August 12, 2021, meetings.
• 3.1 – Request for Two-Year Time Extension for Elderberry Tentative Map (P21-0667): The commission voted 6-0 to approve a two-year time extension for the Elderberry project. Vice Chair Sanguinetti recused himself from this item.

Public Comments & Testimony

No public comments were made.

Discussion Items

Cannabis Regulatory Program – 2021 Policy Project Workshop/Study Session #2

Staff (Stephanie Ocasio, Assistant Director of Community Development) presented on the definition of religious facilities as it relates to the cannabis regulatory program. Staff explained that federal law (RLUIPA), case law, and IRS/DOJ definitions treat churches as more than just worship spaces, making it legally difficult to distinguish between worship and other religious activities. Staff recommended against creating a separate definition for cannabis purposes, as Title 16 definitions must apply citywide. The current 600-foot distance requirement from religious facilities was discussed, along with the option to retain or eliminate the waiver process.

Commissioners debated various options:

• Commissioner Garcia proposed allowing a reduced distance (e.g., 400 feet) with letters of support from the religious facility.
• Commissioner Sanguinetti suggested using building code assembly use classifications to define sensitive uses.
• Other commissioners favored keeping the waiver process for case-by-case evaluation, noting that distance is not always a perfect measure (e.g., across a major roadway).
• Commissioner Jones and Villapudua emphasized the importance of separation from churches.
• Commissioner Rizvi and Mountain supported maintaining the waiver to allow flexibility.

Staff noted that the workshop was informational only; no formal action was taken. Staff will incorporate commission feedback and bring back a redline version of the ordinance for a public hearing, likely in October 2021. The commission requested materials be provided at least two weeks in advance.

Commissioners Comments

• Commissioner Mountain asked about the impact of new state laws (SB 9 and 10) on single-family zoning. Staff reported that the governor had signed bills allowing more housing types on single-family lots, effective January 2022, and the city is working to integrate them into the development code.
• Commissioner Rizvi highlighted the need for commissioners to receive agenda materials earlier, suggesting they should have access as city employees. Staff will follow up on legal possibilities.
• Commissioner Villapudua requested an update on traffic safety improvements on Miracle Mile following a fatal incident at a car show. Staff will follow up with the city manager.
• Staff reminded commissioners to complete IT security training and iPad updates.

Key Outcomes

• Consent Calendar: Approved minutes (7-0) and Elderberry time extension (6-0).
• Cannabis Workshop: No formal action; direction given to staff to prepare a revised ordinance for future public hearing, incorporating discussion on definitions, distance requirements, and waiver options.
• Commissioner Comments: Staff to follow up on state law integration, material distribution, security training, and Miracle Mile concerns.
• Meeting adjourned at 6:35 PM.