Planning Commission Meeting – October 28, 2021: Cannabis Microbusiness Denied, Stagecoach Expansion Continued
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Planning Commission Meeting – October 28, 2021
This meeting of the Stockton Planning Commission, held on October 28, 2021, at 5:32 PM, addressed two major agenda items: a proposed cannabis microbusiness at 2455 Station Drive and a continuation of a cannabis storefront expansion at 2403 Stagecoach Road. After extensive public testimony and commission discussion, the commission voted 4–3 to direct staff to prepare a resolution denying the Station Drive microbusiness, while the Stagecoach item was continued to the November 18, 2021 meeting. Commissioners also addressed concerns about the pending cannabis ordinance revision and made comments on commission integrity and respect.
Consent Calendar
- Minutes Approval (August 26, 2021 and September 23, 2021): Approved 7–0 (Motion 2021-10-28-0301-01).
- Minutes Approval (September 9, 2021): Approved 7–0 (Motion 2021-10-28-0301-02), following a clarification that absent commissioner can vote after reviewing video and minutes.
Public Comments & Testimony
- Antoinette Duron (representing Stagecoach cannabis business): Requested postponement or denial of the Station Drive project, arguing that the two cannabis businesses would be only 520 feet apart and a pending ordinance may impose a 1,000-foot separation, potentially affecting both businesses retroactively. She stated the Stagecoach operation has repeatedly been negatively affected by changing regulations.
- Mike Goodwin (owner, AB Electric, 2461 Station Drive): Opposed the project, citing parking shortages and traffic congestion. He claimed the applicant's estimate of 50–75 customers per day is too low, stating it is more like 75 per hour, and asserted the location would disrupt other businesses' truck access.
- Mark Yellen (owner, All American Glass, 2473 Station Drive): Expressed objections on behalf of four of eight business owners in the park, emphasizing the inability to effectively monitor and enforce employee shuttling, increased crime risk due to the secluded location, and the undue security burden on neighboring small businesses.
Discussion Items
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5.1 – Commission Use Permit for Cannabis Microbusiness (2455 Station Drive): The project proposed a 5,760-square-foot industrial building housing retail storefront, distribution, and manufacturing (no cultivation). Staff recommended approval, noting the site met all current zoning and location requirements (300 ft from residential, 600 ft from sensitive uses). The applicant (Jamie Winkler and Dave Patterson) presented plans including 24-hour security, employee shuttling to free up customer parking, and an expected 32 employees (20 retail, 8 distribution, 4 manufacturing). Commissioners raised concerns:
- Parking and Traffic: Vice Chair Sanguinetti noted only 12 on-site parking stalls (including one disabled), limited access, and potential for customer overflow into surrounding businesses. The applicant stated they would shuttle employees but had not yet secured an off-site lot. Commissioner Mountain questioned whether the parking plan was sufficient given nearby truck traffic. Commissioner Garcia pointed out that delivery trucks might block parked cars.
- Proximity to Existing Cannabis Business: The distance between the proposed site and the existing Stageco Road cannabis business was measured at 517–522 feet (property line to property line). While no current ordinance requires separation, commissioners discussed the proposed ordinance (expected to be reviewed in November 2021) that could impose a 1,000-foot minimum. City Attorney clarified that the pending ordinance cannot be applied to this application, but noted narrow exceptions if the new code adopts retroactive language.
- Safety and Crime Statistics: Over a two-year span, police reported 185 calls for service at the address (including adjacent parcels), with 36 resulting in reports. Commissioner Jones and others expressed concern that the secluded industrial park, especially after 5 PM, could attract crime. The applicant noted 24-hour security would be present.
- Pending Ordinance Changes: Commissioner Villapudua and Vice Chair Sanguinetti argued that processing applications before the ordinance revision creates an uneven playing field. Director Crew confirmed the ordinance draft is expected to be presented to the commission on November 18, 2021, with City Council action anticipated by early 2022. City Attorney advised the commission to evaluate the application under the current code, not speculative changes.
Commissioner Villapudua made a motion to direct staff to return with a resolution denying the permit, based on findings that the proposal would not maintain neighborhood character, would oversaturate the area with cannabis uses within 600 feet, would increase pedestrian traffic in an industrial zone, and posed safety risks due to isolation. The motion was seconded by Commissioner Mountain. After discussion, the motion carried 4–3 (Yes: Sanguinetti, Jones, Mountain, Villapudua; No: Mallett, Garcia, Rizvi).
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5.2 – Amendment to Commission Use Permit for Cannabis Storefront Expansion (2403 Stagecoach Road): This item was continued to the November 18, 2021 Planning Commission meeting.
Key Outcomes
- Station Drive Microbusiness (5.1): Commission directed staff to return with a resolution of denial based on findings articulated during the meeting. Final vote tally: 4–3.
- Stagecoach Expansion (5.2): Continued to November 18, 2021.
- Commissioners' Comments: Commissioner Rizvi emphasized that land-use decisions must be based on current ordinance, not personal views, and expressed concern over a perceived characterization of the commission as incompetent. Director Crew clarified that staff holds the commission in high respect and never made such a characterization.
Commissioners' Remarks
- Commissioner Rizvi thanked police department, staff, and fellow commissioners, stressing the importance of fair, ordinance-based decision-making.
- Commissioner Villapudua wished everyone a great weekend and safe Halloween, and humorously hoped staff would provide better chairs.
Meeting Transcript
Good evening, everyone, and welcome to the Planning Commission meeting of October 28, 2021. At this time, I would like to ask City Clerk to please take roll. Chair Mallet. Present. Vice Chair Sanguinetti. Present. Commissioner Garcia? Present. Commissioner Mountain? Here. Commissioner Risby? Present. Commissioner Jones? Present. Commissioner Via Pudwa. We have a quorum. Thank you. I would like to ask Commissioner Jones to please lead us in the flag salute. Okay, so moving to agenda item three, the consent calendar. So there were um there was an absence at one of the meetings on the consent agenda agenda. I will need to take the items separately. So if I could have a motion for the minutes for August 26th and September 23rd, there were no absences at these meetings. I'll make a motion to approve. Second. Motion by Commissioner Jones and a second by Commissioner Garcia. Oh, excuse me. Commissioner Mountain, I'm sorry. And um second by Commissioner Garcia. Could everyone please vote? Yes. Motion passes 7-0. Thank you. So on when you are not at a meeting, um you think the Commissioner could vote on the um to approve the minutes if they watched the video. And so if you are absent, could you please let us know if you um uh chair? I was absent and I have done the required video as well as the minutes. Thank you. Perfect. Okay, so then I need a motion for the minutes from September 9th, 2021. I'd like to make a motion to approve the minutes from thank you. Second. Okay, so I have a motion from Commissioner Garcia with a second from Commissioner Jones. Could everyone please vote? Commissioner Via Pudwa, what was your vote? Yes. Motion passes 7-0. Thank you. Agenda item for public comment. Um at this time, uh, this section of the agenda is reserved for public comment on anything within the jurisdiction of the commission. If you would like to speak on a specific agenda item, um you may do so here or later when that item is called. Um as a reminder, we will limit uh the uh time to uh three minutes.
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