OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Stockton Planning Commission Reviews Cannabis Permit, Approves CIP on April 14, 2022

Planning CommissionThursday, April 14, 2022
BodyStockton, California
SessionPlanning Commission
DateThursday, April 14, 2022
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:00

might fall asleep though.

0:02

Okay.

0:02

We're gonna try this again.

0:05

Uh welcome to the city of Stockton's planning commission hearing held April 14th 2022.

0:14

Um it's a at the city of Stockton City Hall 425 North El Dorado.

0:21

Um roll call please Commissioner Jones present commissioner mallet present commissioner mountain is absent commissioner risby present commissioner viapudwa present vice chair garcia is absent chair sanguinetti present we have a quorum thank you um commissioner mallet will you lead us in the flag salute please of the United States of America for which it stands one nation under God any divisible with liberty and justice fraud okay um our first order of business here tonight is gonna be the consent calendar and it consists of several um minutes from previous meetings and there were numerous each meeting had absences and so what I'm gonna do is take um each set of minutes individually since there is no consistency in the absences to take it as one unit so we're gonna take the first item which will be or the first minutes I should say um which will be the November eighteenth 2021 commission meeting and our actually our vice chair Gerardo Garcia was absent at that meeting so if somebody wants to make a motion everybody else was present okay we have a motion second we have a motion by uh commissioner mallet a second by commissioner risby uh vote please those minutes are approved our next set of minutes will be for believe it's February 10th I believe Commissioner Mallet you were miss absent on that meeting if you had a chance to watch the video okay and read the okay so you're entitled to vote then so we can uh is there a uh if I may chair I move the motion to approve the planning commission minutes off February tenth twenty twenty two okay we have a motion by commissioner risby for February tenth twenty twenty two minutes second that a second by commissioner villapuda vote please that's approved um our next set of minutes is uh february twenty fourth twenty twenty two and at that meeting we had several people absent if I recall when I looked at it um we had no crew that let's see that one there I think there were three absentees uh commissioner jones commissioner villapuda and commissioner garcia um can make the motion commissioner jones have you did you have a chance to review the meetings in the video no I haven't okay so you'll abstain from this vote uh commissioner villapuda did you have a chance I did watch the video okay and read the minutes yes sir okay all right so we have a quorum to vote on the February 24th minutes uh vote or is there a motion uh if I may chair I move the motion to approve the February 24th planning commission meeting okay uh motion by commissioner risby is there a second yes second second by commissioner mountain a vote please that set of minutes is now approved okay uh march tenth is the next meeting commissioner ris was absent at that meeting did you have a chance to look at it okay so then all of us can vote on that um is there a motion we have a motion by commissioner mountain is there a second a second second by commissioner jones vote please that set of meeting minutes for march tenth is now approved and now our final set of minutes um for the consent calendar is march 24th commissioner vilipuda was absent did you have a chance to look at that one yes I did chair I watched the video perfect all right so we can all vote on that is there a motion to approve march twenty fourth I make a motion a motion by commissioner jones is there a second a second by commissioner mountain

5:02

And now our final set of minutes for the consent calendar is March 24th.

5:09

Commissioner Villapuda was absent.

5:11

Did you have a chance to look at that one?

5:14

Yes, I did, Chair.

5:15

I have to watch the video.

5:16

Perfect.

5:17

All right.

5:18

So we can all vote on that.

5:20

Is there a motion to approve March 24th?

5:22

I'll make a motion.

5:24

A motion by Commissioner Jones.

5:25

Is there a second?

5:27

A second by Commissioner Mountain.

5:29

Uh vote, please.

5:34

March 24th minutes are now approved.

5:36

I believe that completes the consent calendar.

5:40

One of our longer consent calendars.

5:45

Okay.

5:46

So we're going to move to the public hearing at this time.

5:51

And through the chair, we have an item four public comment for uh excuse me.

5:59

Is there any public comments or anybody with blue cards filled out?

6:03

I have received no public comments or blue cards.

6:06

Okay.

6:06

Is there anybody in the audience that would like to speak during the public comment period?

6:13

Seeing none will go to public hearings, which is item five.

6:19

And in item five, we have 5.1, which is a commission use permit and a design review to establish a retail storefront cannabis business and an administrative use permit to establish a retail non-storefront delivery only cannabis business in an existing 4375 square foot commercial building at 2521 West Lane application number P210602.

6:52

Um public hearing is now open.

6:56

And is there any disclosures by any commissioners?

7:02

Seeing no disclosures, uh, I'd like staff's report before we hear anything else.

7:09

Good evening, Chair and Commissioners.

7:11

Uh before you this evening is a proposal for a commission use permit, design review, and administrative use permit to establish a retail storefront and retail non-storefront delivery cannabis business in the existing 4375 square foot building at 2521 West Lane.

7:27

The proposed location is a developed lot in a commercial general zoning district accessed from West Lane, approximately a third of a mile south of uh East Alpine Avenue on the east side of the Union Pacific Railroad.

7:40

Surrounding uses include an automobile collision facility to the north, a tile and stone business to the east, a recycling facility to the south, and railroad tracks directly to the west.

7:53

The applicant, Caroline Johnson, is a 2021 general pool winner.

7:57

Uh the applicant proposes to utilize the structure for both retail storefront and retail non-storefront delivery uses.

8:04

Approximately 74% of the building will be used for delivery operations.

8:12

And hours will be from 8 a.m.

8:14

to 8 p.m.

8:14

for the retail storefront and 8 a.m.

8:16

to 7 p.m.

8:17

for the delivery portion of the business.

8:21

On March 1st, 2022, the City Council adopted ordinance uh 2022 311601 amending the cannabis regulatory program.

8:31

However, those new regulations do not apply to this application as this application was submitted and deemed complete prior to the effective date of that ordinance.

8:42

So I I do need to be very clear that this is going to be under the formal uh cannabis regulatory program that was pre-existing uh that date.

8:51

The applicable program includes a limited expansion of certain cannabis types, including retail storefront.

8:57

The ability to apply for this was through a lottery where two winners are selected, a general pool winner and an equity winner.

9:04

Again, this applicant is the general pool winner of the lottery, so they are not an equity applicant.

9:10

This proposed land use does meet all location requirements, including 300 feet from residential and 600 feet from uh schools, youth centers, child call centers, um, religious facilities, and drug abuse treatment facilities.

9:26

The neighborhood context map identifies the subject site uh signified by the star and all parcels within a 600-foot buffer, and that's identified in that purple circle.

9:35

That's a 600-foot mark.

9:37

Um the project is mainly composed of industrial limited and industrial general uses in that area.

9:48

Although there's no uh requirement in the applicable uh code language for this application, uh we are providing a map showing the proposed location and its relationship to other uh approved locations.

10:01

The closest cannabis business is also a retail storefront with delivery, and that's about 1.4 miles away.

10:07

And you can see that in the in set, that is the Wilson Way location.

Discussion Breakdown — Share of Meeting
Cannabis Regulation█████████████████████████████████████████41%
Procedural████████████████16%
Public Safety████████████12%
Capital Improvement Plan███████████11%
Community Engagement██████6%
Public Works█████5%
Public Engagement████4%
Food Truck Ordinance██2%
Homelessness██2%
Summary of Proceedings

Stockton Planning Commission Meeting – April 14, 2022

The Stockton Planning Commission met on Thursday, April 14, 2022, from 5:38 p.m. to 7:04 p.m. in the Council Chamber at City Hall. Commissioners present: Anne Mallett, Brenda Jones, Waqar Rizvi, Brando Villapudua, Jeff Sanguinetti, and Xavier Mountain (arrived at 5:40 p.m.). Vice Chair Gerardo Garcia was absent. The commission approved minutes from prior meetings, heard a public hearing on a proposed cannabis business, and forwarded a conformity determination for the five-year Capital Improvement Program (CIP) to the City Council.

Consent Calendar

  • The commission approved the minutes of five previous meetings with separate votes due to varying absences:
    • November 18, 2021: Approved 6-0 (motion by Mallett, second by Rizvi).
    • February 10, 2022: Approved 6-0 (motion by Rizvi, second by Villapudua).
    • February 24, 2022: Approved 5-0 (Commissioner Jones recused; motion by Rizvi, second by Mountain).
    • March 10, 2022: Approved 6-0 (motion by Mountain, second by Jones).
    • March 24, 2022: Approved 6-0 (motion by Jones, second by Mountain).

Public Comment

  • None.

Public Hearing: Cannabis Business at 2521 West Lane

  • Item 5.1: Application (P21-0602) for a Commission Use Permit and Design Review for a retail storefront cannabis business and an Administrative Use Permit for a retail non‑storefront (delivery‑only) cannabis business in a 4,375‑square‑foot commercial building at 2521 West Lane. The applicant, Carolyn Johnson, is a 2021 general pool lottery winner. The proposed location is in a commercial general zoning district, approximately one‑third mile south of East Alpine Avenue. The site meets all location requirements (300 feet from residential, 600 feet from schools, youth centers, etc.). Staff reported crime statistics: within a 1,000‑foot radius over a two‑year period (April 2020–April 2022), there were 1,099 calls for service, 71 resulting in a crime report—low compared to other applications.
  • Aspire Schools Letter: An email received shortly before the meeting requested a continuance for the school to review the proposal. The school is approximately 1,200 feet from the site, exceeding the 600‑foot code requirement. The commission waived reading of the letter (motion by Chair Sanguinetti, second by Rizvi; vote 6‑0).
  • Applicant and CEO Presentations: Carolyn Johnson spoke about her background in the cannabis industry and commitment to community education. Chris Swan, CEO of EMJAY (the operating partner), described the company’s omnichannel model, security measures, and community involvement, including criminal justice reform and local hiring.
  • Commission Discussion: Several commissioners praised the presentation but expressed willingness to continue the hearing to allow Aspire Schools to participate. Chair Sanguinetti highlighted the importance of addressing the school’s concerns even though all requirements were met. Commissioner Mallett opposed a continuance, citing the risk of setting a precedent, but the majority favored a short delay.
  • Vote to Continue: Motion to continue the public hearing to the April 28, 2022, meeting (date certain) carried 5‑1. Voting yes: Jones, Rizvi, Villapudua, Sanguinetti, Mountain. Voting no: Mallett. Absent: Garcia.

New Business: Fiscal Year 2022–2027 Capital Improvement Program Conformity

  • Item 6.1: Staff presented the draft five‑year CIP (FY 2022‑23 through FY 2026‑27) and recommended that the Planning Commission determine it conforms to the Envision Stockton 2040 General Plan. The director noted that the first year (FY 2022‑23) contains funded projects; later years are planning estimates. Discussion included a question from Commissioner Mallett about tracking project progress and a comment from Chair Sanguinetti about a potential labeling error on page 195.
  • Vote: Motion by Commissioner Mountain, seconded by Commissioner Rizvi, to adopt a resolution forwarding the determination of conformity to the City Council. Approved 6‑0.

Reports and Communications

  • Stephanie Ocasio, Director of Community Development, reported that staff will publish the April 28 agenda with the cannabis hearing continuance. She also noted that a draft redline for a food truck park ordinance is being prepared for an ad hoc committee and will later come to the Planning Commission for a study session.

Commissioner Comments

  • Commissioner Villapudua thanked staff, reminded of the Sikh Parade on April 17, and announced his candidacy for District 5.
  • Commissioner Rizvi welcomed the return to in‑person meetings without face shields and congratulated Villapudua on his candidacy.
  • Commissioner Jones expressed concerns about homelessness and safety in District 6, noting it is affecting residential backyards.
  • Chair Sanguinetti wished everyone a happy Easter.

Adjournment

  • Motion by Commissioner Mallett, seconded by Commissioner Rizvi, to adjourn at 7:04 p.m. Approved unanimously.

Meeting Transcript

might fall asleep though. Okay. We're gonna try this again. Uh welcome to the city of Stockton's planning commission hearing held April 14th 2022. Um it's a at the city of Stockton City Hall 425 North El Dorado. Um roll call please Commissioner Jones present commissioner mallet present commissioner mountain is absent commissioner risby present commissioner viapudwa present vice chair garcia is absent chair sanguinetti present we have a quorum thank you um commissioner mallet will you lead us in the flag salute please of the United States of America for which it stands one nation under God any divisible with liberty and justice fraud okay um our first order of business here tonight is gonna be the consent calendar and it consists of several um minutes from previous meetings and there were numerous each meeting had absences and so what I'm gonna do is take um each set of minutes individually since there is no consistency in the absences to take it as one unit so we're gonna take the first item which will be or the first minutes I should say um which will be the November eighteenth 2021 commission meeting and our actually our vice chair Gerardo Garcia was absent at that meeting so if somebody wants to make a motion everybody else was present okay we have a motion second we have a motion by uh commissioner mallet a second by commissioner risby uh vote please those minutes are approved our next set of minutes will be for believe it's February 10th I believe Commissioner Mallet you were miss absent on that meeting if you had a chance to watch the video okay and read the okay so you're entitled to vote then so we can uh is there a uh if I may chair I move the motion to approve the planning commission minutes off February tenth twenty twenty two okay we have a motion by commissioner risby for February tenth twenty twenty two minutes second that a second by commissioner villapuda vote please that's approved um our next set of minutes is uh february twenty fourth twenty twenty two and at that meeting we had several people absent if I recall when I looked at it um we had no crew that let's see that one there I think there were three absentees uh commissioner jones commissioner villapuda and commissioner garcia um can make the motion commissioner jones have you did you have a chance to review the meetings in the video no I haven't okay so you'll abstain from this vote uh commissioner villapuda did you have a chance I did watch the video okay and read the minutes yes sir okay all right so we have a quorum to vote on the February 24th minutes uh vote or is there a motion uh if I may chair I move the motion to approve the February 24th planning commission meeting okay uh motion by commissioner risby is there a second yes second second by commissioner mountain a vote please that set of minutes is now approved okay uh march tenth is the next meeting commissioner ris was absent at that meeting did you have a chance to look at it okay so then all of us can vote on that um is there a motion we have a motion by commissioner mountain is there a second a second second by commissioner jones vote please that set of meeting minutes for march tenth is now approved and now our final set of minutes um for the consent calendar is march 24th commissioner vilipuda was absent did you have a chance to look at that one yes I did chair I watched the video perfect all right so we can all vote on that is there a motion to approve march twenty fourth I make a motion a motion by commissioner jones is there a second a second by commissioner mountain And now our final set of minutes for the consent calendar is March 24th. Commissioner Villapuda was absent. Did you have a chance to look at that one? Yes, I did, Chair. I have to watch the video. Perfect. All right. So we can all vote on that. Is there a motion to approve March 24th? I'll make a motion. A motion by Commissioner Jones. Is there a second? A second by Commissioner Mountain. Uh vote, please. March 24th minutes are now approved. I believe that completes the consent calendar. One of our longer consent calendars. Okay. So we're going to move to the public hearing at this time. And through the chair, we have an item four public comment for uh excuse me. Is there any public comments or anybody with blue cards filled out? I have received no public comments or blue cards. Okay. Is there anybody in the audience that would like to speak during the public comment period? Seeing none will go to public hearings, which is item five. And in item five, we have 5.1, which is a commission use permit and a design review to establish a retail storefront cannabis business and an administrative use permit to establish a retail non-storefront delivery only cannabis business in an existing 4375 square foot commercial building at 2521 West Lane application number P210602. Um public hearing is now open. And is there any disclosures by any commissioners? Seeing no disclosures, uh, I'd like staff's report before we hear anything else. Good evening, Chair and Commissioners. Uh before you this evening is a proposal for a commission use permit, design review, and administrative use permit to establish a retail storefront and retail non-storefront delivery cannabis business in the existing 4375 square foot building at 2521 West Lane. The proposed location is a developed lot in a commercial general zoning district accessed from West Lane, approximately a third of a mile south of uh East Alpine Avenue on the east side of the Union Pacific Railroad. Surrounding uses include an automobile collision facility to the north, a tile and stone business to the east, a recycling facility to the south, and railroad tracks directly to the west. The applicant, Caroline Johnson, is a 2021 general pool winner. Uh the applicant proposes to utilize the structure for both retail storefront and retail non-storefront delivery uses. Approximately 74% of the building will be used for delivery operations. And hours will be from 8 a.m. to 8 p.m. for the retail storefront and 8 a.m. to 7 p.m. for the delivery portion of the business. On March 1st, 2022, the City Council adopted ordinance uh 2022 311601 amending the cannabis regulatory program. However, those new regulations do not apply to this application as this application was submitted and deemed complete prior to the effective date of that ordinance. So I I do need to be very clear that this is going to be under the formal uh cannabis regulatory program that was pre-existing uh that date.

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