OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Stockton Planning Commission Meeting - November 18, 2021

Planning CommissionThursday, November 18, 2021
BodyStockton, California
SessionPlanning Commission
DateThursday, November 18, 2021
StatusFILED
Video Record

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Transcript — Verbatim
0:02

Thank you.

0:04

Good evening, everyone, and welcome to the Planning Commission meeting of November 18th, 2021.

0:09

At this time, I would like to ask City Clerk to please take roll.

0:13

Chair Mallet present.

0:15

Vice Chair Sanguinetti.

0:17

Present.

0:17

Commissioner Garcia is absent.

0:20

Commissioner Mountain?

0:21

Here.

0:22

Commissioner Risby?

0:23

Here.

0:24

Commissioner Jones?

0:25

Here.

0:25

Commissioner Via Pudua.

0:27

Present.

0:28

We have a quorum.

0:29

Thank you.

0:31

At this time, I would like to ask Commissioner Villaputua to please lead us in the flight salute.

1:00

Agenda item number three, the consent calendar.

1:06

Are there any commissioners who would like to comment on the consent calendar?

1:13

Do we have any members of the public who want to comment on it?

1:19

There was correspondence that was emailed to the commission regarding item 3.1.

1:25

Okay.

1:26

And we we did receive that.

1:30

So if you'd like to uh I could read it, or you can make a motion to wave the reading.

1:34

I'll make a motion to waive the reading.

1:38

Second.

1:40

We please vote.

1:48

Motion passes 60.

1:50

Okay.

1:51

This time uh could I have a vote?

1:55

Um on the on the consent on the consent calendar.

2:01

Or excuse me.

2:03

A motion.

2:05

I'll make a motion to approve the consent calendar as uh proposed.

2:10

I'll second.

2:12

Could everyone please vote?

2:17

Motion passes 60.

2:20

Okay, and so I need to announce the appeal rights.

2:24

All final decisions may be appealed by any interested party within 10 days of this decision pursuant to Stockton Municipal Code 16.100 point one point zero two zero.

2:38

Um next we'll go to um public comment.

2:44

Um all public comments are limited to three minutes, and um this section of the agenda is reserved for public comment on anything within the jurisdiction of the commission.

2:57

If you would like to speak on a specific agenda item, you may do so here or later when that item is called.

3:03

And clerk, do we have any um one who needs who would like to speak?

3:09

We have no general public comment.

3:11

Okay, perfect.

3:12

Thank you.

3:15

And moving on to agenda item five, public hearings environmental assessment.

3:23

Agenda item 5.1 is a continued public hearing amendment to commission use permit P 17-0134 for cannabis storefront retailer to allow the expansion of a cannabis storefront retail business within a 31,250 square foot industrial building at 2401-2403 stagecoach road.

3:47

Application number P21-031 APN 173-320-18.

3:57

This um agenda item uh was pulled from the this item was pulled from the agenda by staff, and so we will be moving on to agenda item 5.2.

4:10

A request for a use permit and waiver for the off sale of alcoholic beverages at a proposed grocery store located at 5308 Pacific Avenue.

4:23

Would like to open the hearing on that and call for any commissioner disclosures.

4:30

All right, staff, could you please make the presentation?

4:40

Good evening, Chair Mallet and members of the commission.

4:44

Agenda item 5.2 is a request for a use permit for the off-sale of alcoholic beverages at an existing retail business at 5308 Pacific Avenue, which is also Sherwood Mall.

5:00

As shown in attachment A of your staff report, the site is located at 5308 Pacific Avenue within the Sherwood Mall shopping center.

5:07

And notice this is not the entire mall we are talking about, just a specific portion of the mall.

5:15

The site has a general plan designation of commercial, which is consistent with the shopping center and other adjacent shopping centers such as Weberstown.

5:24

The green color is institutional, which represents our San Joaquin Delta College campus.

Discussion Breakdown — Share of Meeting
Cannabis Regulation████████████████████████████████████████████44%
Procedural███████7%
Zoning And Land Use███████7%
Development Agreements███████7%
Alcohol Regulation██████6%
Traffic Management██████6%
Public Safety█████5%
Public Comment█████5%
Urban Development████4%
Summary of Proceedings

Stockton Planning Commission Meeting - November 18, 2021

The Stockton Planning Commission met on November 18, 2021, at 5:30 PM, and adjourned at 8:46 PM. The meeting included a consent calendar, four public hearing items, and a continued discussion on cannabis regulatory amendments. Commissioner Gerardo Garcia was absent. All votes were unanimous (6-0) except where noted.

Consent Calendar

  • Item 3.1 (21-0860): Approved a resolution waiving reading of commissioner correspondence and a resolution denying a Use Permit for a cannabis microbusiness (retail, distribution, manufacturing) at 2455 Station Drive. The motion carried 6-0.

Public Comments & Testimony

  • Item 5.2 (Grocery store alcohol permit): Mary Elizabeth submitted an electronic comment suggesting the use permit should be conditioned to be valid only in a grocery store setting.
  • Item 5.3 (O'Reilly Auto Parts): Timothy Uhrik, representing the applicant as civil engineer, clarified dedication plans and building permit status.
  • Item 5.4 (Open Window Project): Zac Court, applicant, stated agreement with staff recommendation to terminate the Development Agreement.
  • Item 5.5 (Cannabis regulatory program): Chris Hester, representing ownership group at 2401/2403 Stagecoach Road, expressed concerns that the proposed ordinance language is confusing and could impede their ability to have multiple tenants (cultivation, manufacturing, retail) under one use permit. He requested clarity and noted tens of thousands of dollars spent on plans.

Discussion Items

  • Item 5.1 (Continued public hearing – cannabis storefront expansion): Pulled from the agenda by staff; no discussion.
  • Item 5.2 (Use permit for off-sale alcohol at proposed grocery store at 5308 Pacific Avenue): Staff presented the project, including a waiver due to crime reporting district exceeding city average by 236% (111 calls for service). The store would be 26,800 square feet, with beer/wine sales incidental (<10% floor area). The applicant (Kyle God, Brixton Capitol) noted the grocer is a national chain but confidential. Commissioners discussed delivery times, crime prevention, and traffic. Commissioner Rizvi and Sanguinetti supported as revitalization. The proposal was amended to extend operating hours from 9:00 PM to 10:00 PM.
  • Item 5.3 (Prezone and design review for O'Reilly Auto Parts at 9147 Thornton Road): Staff outlined a 7,000 sq ft retail store on a 1.8-acre parcel requiring annexation and LAFCO approval. A neighborhood meeting addressed screening/landscaping concerns. Commissioner Villapudua raised concerns about crosswalks and street lights; Vice Chair Sanguinetti questioned conditions of approval and right-of-way dedication on Wadman Avenue. The applicant clarified plans. The commission voted to recommend pre-zoning and approve design review.
  • Item 5.4 (Master Development Plan revocation and Development Agreement termination for Open Window Project): Staff explained the project (51 parcels, ~11.88 acres, approved 2016) had only 24 of 1,034 units built, and the DA acted as a deterrent to new developers. Mutual termination was requested. Commissioner Sanguinetti supported the city's position. The commission voted to recommend revocation and termination to City Council.
  • Item 5.5 (Cannabis regulatory program amendments): Staff presented a comprehensive update including three options for location requirements, equity program changes, lottery modifications, and code cleanup. Staff recommended Option 2 (eliminate location waivers, 300 ft from residential zones/uses, 600 ft from sensitive uses, 1,000 ft between retail storefronts, exemption for religious facilities in industrial zones). Commissioner Villapudua expressed discomfort making a decision without more time, and Commissioner Sanguinetti argued to retain location waivers. Public comment from Chris Hester highlighted confusion about by-right cultivation for existing businesses. The commission voted 6-0 to continue the item to the December 9, 2021 meeting.

Key Outcomes

  • Consent Calendar (Item 3.1): Approved denial of cannabis microbusiness use permit.
  • Item 5.2: Approved Resolution 2021-11-18-0502 for off-sale alcohol use permit at 5308 Pacific Avenue, with amended hours (7:00 AM – 10:00 PM). Motion carried 6-0.
  • Item 5.3: Approved Resolution 2021-11-18-0503-01 (recommending pre-zoning to City Council) and Resolution 2021-11-18-0503-02 (approving design review). Motion carried 6-0.
  • Item 5.4: Approved Resolution 2021-11-18-0504 recommending City Council revoke the Open Window Project Master Development Plan and terminate the Development Agreement. Motion carried 6-0.
  • Item 5.5: Continued to December 9, 2021, via Motion 2021-11-18-0505-02. Motion carried 6-0. Commissioners expressed intent to discuss location waivers, caps on dispensaries, and distance from churches at the next meeting.

Meeting Transcript

Thank you. Good evening, everyone, and welcome to the Planning Commission meeting of November 18th, 2021. At this time, I would like to ask City Clerk to please take roll. Chair Mallet present. Vice Chair Sanguinetti. Present. Commissioner Garcia is absent. Commissioner Mountain? Here. Commissioner Risby? Here. Commissioner Jones? Here. Commissioner Via Pudua. Present. We have a quorum. Thank you. At this time, I would like to ask Commissioner Villaputua to please lead us in the flight salute. Agenda item number three, the consent calendar. Are there any commissioners who would like to comment on the consent calendar? Do we have any members of the public who want to comment on it? There was correspondence that was emailed to the commission regarding item 3.1. Okay. And we we did receive that. So if you'd like to uh I could read it, or you can make a motion to wave the reading. I'll make a motion to waive the reading. Second. We please vote. Motion passes 60. Okay. This time uh could I have a vote? Um on the on the consent on the consent calendar. Or excuse me. A motion. I'll make a motion to approve the consent calendar as uh proposed. I'll second. Could everyone please vote? Motion passes 60. Okay, and so I need to announce the appeal rights. All final decisions may be appealed by any interested party within 10 days of this decision pursuant to Stockton Municipal Code 16.100 point one point zero two zero. Um next we'll go to um public comment. Um all public comments are limited to three minutes, and um 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, you may do so here or later when that item is called. And clerk, do we have any um one who needs who would like to speak? We have no general public comment. Okay, perfect. Thank you. And moving on to agenda item five, public hearings environmental assessment. Agenda item 5.1 is a continued public hearing amendment to commission use permit P 17-0134 for cannabis storefront retailer to allow the expansion of a cannabis storefront retail business within a 31,250 square foot industrial building at 2401-2403 stagecoach road. Application number P21-031 APN 173-320-18.

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