Stockton Planning Commission Meeting – July 14, 2022

The Stockton Planning Commission met on July 14, 2022, at 425 N. El Dorado Street, Stockton, from approximately 5:35 p.m. to 7:35 p.m. Commissioners Anne Mallett, Waqar Rizvi, Brando Villapudua, Jeff Sanguinetti, and Xavier Mountain were present; Brenda Jones was absent with an excused absence. The agenda included two public hearings on proposed cannabis businesses, followed by staff reports and commissioner comments.

Consent Calendar

• None; there were no consent calendar items.

Public Comments & Testimony

• No general public comments were offered at the start of the meeting.
• For item 5.1, Zach Drivon, attorney for applicant Golden Carriers, spoke in support of the project, describing local ownership, planned street improvements, limited traffic, and security measures. Applicant partner Herinder Tour also spoke about his local construction experience and commitment to hiring local workers.
• For item 5.2, applicant Maya Aguirre spoke in support, identifying herself as the sole owner of a local, minority, woman-owned small business. She described outreach to nearby churches and a school and summarized written non-opposition she said she received. A written statement from Sonia Rebudella supporting Ms. Aguirre was read into the record.

Discussion Items

5.1 – Commission Use Permit and Design Review: 1901 Navy Drive

• Staff presented a proposal to establish cannabis cultivation and distribution in a new 15,000-square-foot industrial building, including an 8,275-square-foot cultivation canopy. Staff said the operation would have about seven full-time employees and would not be open to the public. The site is zoned Industrial General and met the required 300-foot residential and 600-foot sensitive-use separations. The applicant was selected through the equity cultivation lottery, so the project was evaluated under the prior cannabis ordinance. Staff recommended approval.
• Chair Sanguinetti disclosed that the owner of Stockton Petroleum had called him in opposition to the project; Commissioner Mallett disclosed that she had spoken with the applicant’s attorney. Commissioner concerns focused on vacant or previously unbuilt cannabis sites nearby and whether required curb, gutter, sidewalk, and street improvements should be built immediately or deferred. The applicant’s team said the improvements were intended to be built but acknowledged that a deferred improvement agreement might be appropriate if the city engineer determined they could not be constructed at this time.
• The commission voted to approve the use permit and design review.

5.2 – Administrative Use Permit and Location Waiver: 216 North American Street

• Chair Sanguinetti disclosed that he had driven by and inspected the proposed location. The applicant requested an Administrative Use Permit for a delivery-only, non-storefront retail cannabis business in a 2,565-square-foot commercial space, plus a waiver of the cannabis location requirements. Staff recommended denial because the site is within 600 feet of five sensitive uses: four churches and one school, including a church about 135 feet away and another about 577 feet away. Staff stated it could not make the required findings for the permit or the waiver.
• The applicant argued that the active and verified sensitive uses had submitted non-opposition, that one close church was not initially identified and could not be confirmed as active on site, and that Apex Academy, the school associated with Trinity Lutheran Church, is scheduled to move after the 2022–23 or 2023–24 school year. She also said the non-storefront operation would not be open to the public, would be surrounded by controlled-access fencing, would add cameras and lighting, and would bring tax revenue and jobs to Stockton. Staff listed up to four full-time employees for the business; the applicant cited approximately 10 new jobs.
• Commissioner Villapudua said he could not support granting the waiver because of the nearby churches and school and because of crime statistics in the area. Other commissioners, including Chair Sanguinetti and Commissioner Mallett, praised the applicant’s localized operation and outreach. Crime statistics were discussed: Commissioner Villapudua cited 56 alarm calls and 21 burglary calls in the area over the last two years; a police representative clarified that those figures reflected a 1,000-foot radius and that the address itself had about 10 calls.

Key Outcomes

• Item 5.1: The commission approved Resolution 2022-07-14-0501, granting the Commission Use Permit and Design Review for the 1901 Navy Drive cannabis cultivation and distribution project. The motion by Chair Sanguinetti, seconded by Commissioner Villapudua, carried 5-0. The approval has a 10-day appeal period.
• Item 5.2: The commission adopted Motion 2022-07-14-0502, directing staff to bring back a resolution granting the Administrative Use Permit and the location waiver for 216 North American Street, with findings reflecting the commissioners’ discussion. The motion by Commissioner Mallett, seconded by Commissioner Rizvi, carried 5-0. Staff indicated the resolution would be scheduled for the next available planning commission meeting, targeted for July 28, 2022.

Staff Reports and Commissioner Comments

• Michael McDowell, Deputy Director of Planning and Engineering, reported that the City Council had approved the series three zoning consistency work. He also described upcoming community workshops, grant-funded work, and an early-stage Title 16 development code update involving the commission and the public.
• Commissioners congratulated Commissioner Villapudua on his election to the Stockton City Council. Commissioner Villapudua promoted the Stockton 209 CARES annual back-to-school backpack event scheduled for Saturday, 9 a.m. to 2 p.m., at Skyline Trampoline Park.
• Staff noted that the vacancy left by former Commissioner Garcia was being handled with the City Clerk’s office and council appointment process, and that a vice-chair election would be placed on a future agenda.