Stockton Planning Commission Meeting: Cannabis Items - December 9, 2021
STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE
Stockton Planning Commission Meeting - December 9, 2021
The Stockton Planning Commission held a regular meeting on December 9, 2021, at 5:30 PM. The meeting focused on two cannabis-related public hearings: an amendment to expand an existing cannabis retailer use permit and a continued hearing on proposed amendments to the city's cannabis regulatory program. The commission also approved the consent calendar and heard public comments.
Consent Calendar
- Approved the minutes of the October 28, 2021 Planning Commission meeting.
- Approved the Planning Commission meeting schedule for calendar year 2022.
Vote: Motion carried 6-0.
Public Comments & Testimony
- Dino Ballin spoke on public investment.
- Zach Drivon, representing Giva SC LLC, requested a second-chance provision for equity lottery applicants whose use permits are denied primarily due to location objections, proposing a new amendment to the municipal code. He argued for fairness and cooperation.
Discussion Items
-
Item 5.1 – Amendment to Use Permit (P17-0134) for Cannabis Storefront Retailer Expansion at 2401/2403 Stagecoach Road: Staff presented a proposal to expand the existing cannabis storefront retail use by 13,159 square feet within the same 31,780-square-foot industrial building. The project was found categorically exempt from CEQA. The facility is not yet operational. The commission unanimously approved Resolution 2021-12-09-0501 (6-0).
-
Item 5.2 – Continued Public Hearing – Amendments to Cannabis Regulatory Program (Title 16): Staff presented four options for revising location requirements, caps, and other regulations. The discussion addressed:
- Reinstating a cap on retail storefronts (originally suggested at 30, then debated at 9, 14, or other numbers)
- Increasing the required separation from churches from 600 feet to 1,000 feet
- Retaining a location waiver
- Clarifying the ratio of use permits to operator permits (1:1 vs. multiple per use permit)
- A second-chance proposal for equity lottery applicants
- Crime statistics and potential enterprise fund for cannabis revenue
After extensive debate and a failed initial motion, Vice Chair Sanguinetti moved to recommend Option 4 with modifications: a 1,000-foot separation from churches, a cap of 14 retail storefronts (including microbusinesses with retail), and a one-to-one ratio of use permits to operator permits. The motion was seconded by Commissioner Mountain and carried 6-0 (Resolution 2021-12-09-0502).
Key Outcomes
- Item 5.1: Approved the use permit amendment (13,159 sq ft expansion) by a 6-0 vote.
- Item 5.2: Approved a resolution recommending the City Council adopt Option 4 with the following amendments:
- Increase minimum separation from churches for all cannabis business types to 1,000 feet
- Cap retail storefronts and microbusinesses with retail at a total of 14 across the city
- Adopt a one-to-one requirement: one use permit allows only one operator permit of the same business type
- Retain the location waiver process
- The recommendation will be forwarded to the City Council for final action.
- Commissioners also expressed support for an enterprise fund to dedicate cannabis revenues to drug rehabilitation, homelessness, and regulatory technology, though this was outside the formal motion.
Meeting Transcript
Good evening, everyone, and welcome to the Planning Commission meeting of December 9th, 2021. At this time, I would like to ask the city clerk to please take roll. Chair Mellon. Present. Vice Chair Sanguinetti. Present. Commissioner Garcia. Absent. Commissioner Mountain? Absent. Commissioner Risby. Present. Commissioner Jones? Present. Commissioner Villapuda. Present. We have a quorum. Thank you. I would now like to ask Vice Chair Sangetti to please lead us in the flag salute. Okay, that brings us to agenda item three, the consent agenda. Are there any commissioners that would like to comment on the consent calendar? Are there any members of the public who would like to comment on an item in the consent calendar? We have no public. A proliferation of Barijuana retail shops obviously can and likely will hinder the growth of such opportunities for our youth. Sorry, I was getting a call. Potentially taking away from them access to positive activities and opportunities. Let's engage in responsible decision making that keeps our children our number one priority. Thank you. Thank you. Next we have Zach Gravon. Excuse me. Point of order is it Chair RISV or Chair Mallet? Chair Mallet. Chair Mallet and members of the Commission, good evening, and thank you for the opportunity to be heard. I'm Zach Travon, an attorney before you on behalf of Giva SCKLLC, whose fully conforming application for commercial cannabis commission use permit was recently denied due primarily to objections from an existing cannabis business within close proximity to the proposed location. Without belaboring the merits of that project, the circumstances of its denial or other potential courses of action moving forward, we come before you this afternoon in the spirit of both fairness and cooperation. We believe a resolution exists which would provide an alternative path forward, allowing our organization to rightfully pursue an opportunity granted through the city's previous lottery selection in our favor at an alternative location. This proposal is acceptable to the Commission and Council may also allow our respective organizations to avoid the unnecessary expenditure of time, resources, and frustration, which may otherwise result from an adversarial path as opposed to a collaborative one. What we propose is an amendment to Stockton's municipal code, which would allow applicants selected through this equity pool lottery system whose timely submittal of a commission use permit application meeting all criteria for approval and are denied primarily due to location objections or proximity to an existing business, the opportunity to submit a second and final commission use permit application at an alternative location within 365 days of final city denial, so long as the second application is otherwise consistent with all other requirements of the relevant code section. This amendment would be applicable to any eligible equity lottery pool applicant who submitted an initial use permit application during the calendar year 2021 along with subsequently submitted applications meeting the same criteria. In the event the commission would be inclined to positively refer this proposal to city council, we would work diligently to coordinate our efforts and make accommodations with staff to advance the amendment and new project while also observing the respective rights, obligations, and mutual interests of all parties. We've appreciated the chance to bring a mutually beneficial business enterprise to the city under the city's equity program, which was designed to create opportunities for community members coming from economically disadvantaged or marginalized communities in order to promote equitable business ownership in the cannabis industry. This goal aligns squarely with the ownership profile of our principals with our prospective partnership with one of the most foremost cannabis brands in the space. We remain confident that a Giva Commercial Cannabis Business Enterprise would serve as a major economic driver carrying a profound positive impact in the city. We've submitted a letter of intent with the draft amendment language to the city through the clerk when asked that you please include it in your discussions and recommendations this evening to council. And with that, I thank you for your time and your consideration. I'd be happy to answer any questions you may have. Thank you. Thank you. This concludes public comment.
openpublica.com