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.