Stockton Planning Commission Meeting - December 8, 2022

The Stockton Planning Commission held its final regular meeting of 2022 on Thursday, December 8, 2022, at 5:30 PM in the City Hall Council Chambers at 425 N. El Dorado Street, Stockton, California. Commissioners Anne Mallett, Waqar Rizvi, Brando Villapudua, and Chair Jeff Sanguinetti were present. Commissioners Brenda Jones, Xavier Mountain, and Felix Ogbah were absent; Commissioner Ogbah's absence was excused. The Commission voted unanimously on the consent calendar and on the sole public hearing item, then adjourned at 6:08 PM.

Consent Calendar

• Approved 4-0 (Mallett, Rizvi, Villapudua, Sanguinetti) the consent agenda as a single vote item, including:
  • Motion 2022-12-08-0301: Approval of the October 13, 2022 Planning Commission minutes.
  • Motion 2022-12-08-0302: Approval of the Planning Commission meeting schedule for calendar year 2023.
• The motion was made by Commissioner Rizvi and seconded by Commissioner Villapudua.

Public Comments & Testimony

• General public comment: None.
• Public hearing on the Big Box Ordinance: Mark Sprang spoke in support of amending the 2007 big box restrictions. He said Western Ranch has limited grocery competition and that residents have to travel outside the area for full grocery options. He referenced the 100,000-square-foot size threshold and noted that roughly 10% of that square footage can involve non-taxable goods such as groceries. He asked for a carve-out for Western Ranch or for repeal of the restriction, saying the area has been locked up since 2007 and that the change would be beneficial to the community.

Discussion Items

• Ordinance amending Title 16 for wholesale retail stores (Big Box) - Item 22-1091: Staff presented a proposed zoning code amendment to remove certain restrictions placed on warehouse retail stores by the 2007 Big Box Ordinance. Matt Diaz, Advanced Planning Manager, explained that the amendment would allow warehouse retail stores in the CL (commercial, large-scale) and CG (commercial, general) zoning districts with a Conditional Use Permit, while removing existing size and taxable-sales restrictions. The CD (commercial, downtown) district would not be added, because staff wanted to avoid potential design and scale conflicts in the downtown area.
• Staff noted the proposal followed direction from the City Council Legislative Committee and was consistent with the General Plan's 2018 directive to revisit the issue. There were no pending applications for big-box stores at the time of the meeting.
• In response to commissioner questions, staff clarified that standard downtown department stores such as the former Macy's or JCPenney are not necessarily regulated as big box under the ordinance. A future large-scale warehouse retail use in the downtown would require a separate zoning map amendment or code amendment.
• Commissioners expressed support. Commissioner Rizvi said the city has changed since 2007 and the change would open opportunities for companies to serve residents. Commissioner Villapudua said residents in the Weston Ranch area are tired of driving to other parts of town for groceries and supported the proposal. Commissioner Mallett said she was 100% in support, saying the changes could promote business and bring jobs into the community.

Key Outcomes

• Approved Resolution 2022-12-08-0501 by a 4-0 vote, recommending that the City Council:
  1. Find that no further environmental review is required under CEQA Section 15183 based on consistency with the General Plan and Community Plan.
  2. Adopt the ordinance amending Stockton Municipal Code Sections 16.20.020, 16.24.090, 16.24.100, and 16.24.110.
• The motion was made by Chair Sanguinetti and seconded by Commissioner Villapudua.
• Staff indicated the item would be agendized for City Council in January 2023. A council member had asked whether it could be heard before the end of 2022, but the 10-day noticing requirement made that impractical because City Council had only one remaining meeting that year.

Reports & Commissioner Comments

• Deputy Director Mike McDowell wished everyone a happy holiday and noted that commissioner terms continue until January 31, 2023, with appointments expected afterward.
• Commissioner Rizvi thanked staff, congratulated Commissioner Villapudua on his election to City Council, and noted he would be unable to attend the January 6, 2023 meeting.
• Commissioner Villapudua said this was his last Planning Commission meeting before joining the City Council; he thanked Vice Mayor Christina Fugazi, staff, and fellow commissioners and wished everyone happy holidays.
• Commissioner Mallett thanked staff and commissioners and acknowledged the year's progress despite challenges.
• Chair Sanguinetti wished Commissioner Villapudua the best, thanked staff, and adjourned the meeting at 6:08 PM.