Stockton Planning Commission Meeting - July 25, 2024

The Stockton Planning Commission met at 5:30 PM on July 25, 2024, at 425 N. El Dorado St., Stockton, CA. Commissioners Anne Mallett, Waqar Rizvi, Greg Thompson, Gurneel Boparai, and Terry Hull were present; Brenda Jones and Esperanza Vielma were absent with excused absences. The commission approved the consent calendar and then conducted a public hearing on a Commission Use Permit and Waiver to allow off-sale beer and wine at an existing market at 2208 East Main Street. The permit was approved 5-0, and the meeting adjourned at 6:52 PM.

Consent Calendar

• The commission approved the April 25, 2024 and May 9, 2024 Planning Commission minutes by Motion 2024-07-25-0301. The motion was made by Anne Mallett, seconded by Waqar Rizvi, and passed 5-0.

Public Comments & Testimony

• During general public comment, Pat Barrett spoke against additional alcohol sales in South and East Stockton, saying alcohol had historically been used to oppress communities and that the city should support housing and real businesses instead of liquor, vape, truck, or tire shops.

• In the item hearing, Pandora Crowder opposed the application. She described herself as a survivor of alcoholism and domestic violence, a spouse of a recovering alcoholic, and a daughter of an alcoholic who died from alcoholism. She asked whether another beer/wine-selling store was needed within a block or two, whether 10 percent revenue would be enough to save the business, and called for fresh produce instead of alcohol.

• Pat Barrett read a letter opposing the application on public health grounds, citing research that links high alcohol outlet density to crime, motor vehicle crashes, cancer, and violence. Staff later stated this letter had been submitted by absent Commissioner Esperanza Vielma and would be incorporated into the minutes as correspondence.

• M. Elizabeth, a registered environmental health specialist, opposed the application. She said the ABC data had not been correctly analyzed, that census tracts in Stockton are not equal, and that the proposal had no limits on single 40-ounce malt liquor sales. She argued a use permit would remain on the property even if the store later changed and conditions were not enforced.

• Germaine Rucker Jr. supported the application, saying having beer and wine nearby would be more convenient and could help him avoid driving and possible DUIs when watching games.

• Jerry B. Wilson supported the application, saying the store was convenient and everything else was far away.

• Jose, a store employee for three months, supported the application through a Spanish-language interpreter. He said customers in the meat department frequently asked why the store did not sell alcohol and wanted a one-stop shop.

• Applicant representatives Darwin Drew and Anthony Berry spoke in favor. They said the owner had spent more than $15,000 in the licensing process, that an earlier application had lapsed, and that the owner lost money and received only about $500 to $550 back. They also said no protests came from 146 residents notified within 500 feet or from nearby schools and churches; the store has 16 cameras; and the owner was willing to accept conditions such as restricting single 40-ounce sales. Berry said police had presented no complaints about the establishment.

• Written communications included a letter from M. Elizabeth received July 24, 2024, and documents filed by Darwin Drew and Anthony Berry on behalf of the applicant. The commission voted 5-0 to waive the reading of the M. Elizabeth correspondence.

Discussion Items

• Associate Planner Arturo Carrasco presented the staff report. The site is an established neighborhood-serving market in a commercial zone surrounded by residential uses. The applicant requested a Commission Use Permit and Waiver to add off-sale beer and wine. Staff said the applicant proposed dedicating no more than 20 percent of the floor area to beer and wine display and sales. The use permit was required because alcohol sales are allowed in the commercial general zone only with a use permit.

• The project required a waiver because two existing off-sale licenses are located within 500 feet of the site. The development code also restricts alcohol uses near sensitive receptors, in high-crime reporting districts, and in clusters of four or more within 1,000 feet. Staff said the 500-foot off-sale requirement was the one not met. The site is also in an overconcentrated census tract: ABC has allotted four off-sale licenses for the tract, and eight currently exist. Staff stated the other licenses are more than 1,000 feet away and recommended approval, finding that the addition would promote economic vitality and make the market a one-stop shop.

• Commissioner Thompson asked about distances and whether waivers had been granted before. Staff said waivers are allowed and have been used, but each case is evaluated on its own. Chair Hull disclosed that he had driven by the location earlier that day.

• Vice Chair Boparai said the market was not a liquor store, that it was selling fresh produce in a food desert, and that virtually every market owner he had talked to loses money on fresh produce. He also said ABC has a moratorium on new licenses, so this license was being transferred, and the location could provide single cans or bottles that are not available nearby.

• Commissioners discussed whether to add conditions restricting single 40-ounce malt liquor sales. Staff confirmed such conditions were available but were not part of the standard conditions; the commission could add them if it chose. The applicant representatives indicated willingness to accept conditions.

Reports & Informational Items

• Assistant Director Michael McDowell reported on the City Council's July 9, 2024 attendance policy change for boards and commissions. Previously, unexcused absences from three consecutive meetings or five or more meetings in a 12-month period could lead to removal. Under the revised policy, absences of any kind count toward that threshold. Staff will continue tracking whether absences are excused or unexcused, and the policy applies only after July 9, 2024. McDowell also reminded the commission that the Planning Commission is the appointing body for the Cultural Heritage Board.

Commissioner Comments

• Vice Chair Boparai thanked staff for providing translation services.
• Commissioner Mallett confirmed the City Council had approved the warehouse ordinance and thanked staff for the work.
• Commissioner Rizvi praised the warehouse ordinance subcommittee and public partnership.
• Commissioner Thompson congratulated the warehouse ordinance work and said he was encouraged by Governor Newsom's executive order on homeless encampments, hoping it would help the city address the issue humanely.
• Chair Hull thanked staff and apologized for the meeting going off track at points.

Key Outcomes

• Consent calendar approved 5-0.
• Waived reading of the M. Elizabeth correspondence by a 5-0 vote.
• Approved Resolution 2024-07-25-0501 approving the Commission Use Permit and Waiver for off-sale beer and wine at 2208 East Main Street. The motion was made by Greg Thompson, seconded by Gurneel Boparai, and passed 5-0. The approval was based on the findings and conditions in the proposed resolution. Appeals may be filed within 10 days under Stockton Municipal Code Section 16.100.020.
• The meeting adjourned at 6:52 PM.