Stockton Planning Commission Meeting

The Stockton Planning Commission met on August 8, 2024, at 5:30 PM at 425 N. El Dorado St., Stockton, CA. Present were Anne Mallett, Brenda Jones, Waqar Rizvi, Gurneel Boparai, Terry Hull, and Esperanza Vielma. Commissioner Greg Thompson was absent with an excused absence. Chair Hull presided; Vice Chair Boparai was present. The Pledge of Allegiance was led by Commissioner Rizvi. The meeting adjourned at 6:25 PM.

Consent Calendar

• Approval of June 13, 2024 Planning Commission minutes: approved 6-0 via Motion 2024-08-08-0301-01, moved by Commissioner Rizvi and seconded by Commissioner Mallett. Commissioner Thompson was absent.
• Approval of June 27, 2024 Planning Commission minutes: approved 5-0 via Motion 2024-08-08-0301-02, moved by Commissioner Rizvi and seconded by Commissioner Jones. Commissioner Vielma recused herself; Commissioner Thompson was absent.

Public Comments & Testimony

• Mary Elizabeth, a Stockton resident and schoolteacher, asked the Commission to direct staff to perform a census tract survey of on-sale and off-sale alcohol licenses, stating that previous personal convenience and necessity findings had resulted in overconcentration in certain census tracts. She also asked staff to contact the American Public Health Association about public health impacts of alcohol license overconcentration.
• During the Item 5.1 hearing, Mary Elizabeth asked the Commission to consider a condition restricting distilled spirits in containers smaller than 350 mL, noting an existing restriction on 40 oz containers, and asked the Commission to consider restricting transfer of the existing beer and wine license outside Stockton, citing a moratorium on beer and wine licenses in the city.

Discussion Items

• Item 5.1 - Commission Use Permit, 2910 West Eight Mile Road (P23-0306, APN 070-670-30): Staff planner Matt Diaz presented a request to upgrade the existing convenience store's off-sale beer and wine license (type 20) to off-sale general alcoholic beverages (type 21), which would allow distilled spirits. The store is on the southeast corner of Eight Mile Road and Thornton Road in a general commercial zone near apartments and single-family homes. The original use permit was approved in 2017 (P17-0667). No physical changes were proposed; the sale of alcohol would still require ABC review. Staff stated that the Police Department did not oppose the permit and that reported crime statistics for the area were below the threshold that would trigger concern. CEQA review was determined not to be required under Section 15301 (Existing Facilities). Commissioners discussed the disposition of the existing type 20 license, ABC transfer rules, and possible bottle-size restrictions. The applicant, a representative of OEM Petroleum, stated the business opened in April and that employees complete required alcohol and drug training. The Commission added a condition prohibiting sale of individual 50 mL bottles; the applicant indicated smaller bottles generally come in four-packs. The Commission then approved the permit.
• Item 5.2 - Mariposa Industrial Park EIR Addendum / Prezoning / Zoning / Development Agreement Amendment (P24-0104): Staff requested a continuance to the next regularly scheduled Planning Commission meeting on August 22, 2024, because the draft EIR amendment was not included in the posted agenda packet due to a technological error. The item involves four parcels at 5252, 5262, and 5276 East Mariposa Road (APNs 179-220-14, -15, -25, -26). The continuance motion carried 6-0, moved by Commissioner Rizvi and seconded by Commissioner Jones; Commissioner Thompson was absent.

Reports & Informational Items

• Director Stephanie Ocasio reported that the August 22, 2024 Planning Commission meeting will have a larger agenda; the Title 16 Development Code Overhaul will include cultural and historical portions to be reviewed by the Cultural Heritage Board; the Cultural Heritage Board meeting had been canceled due to lack of quorum, with an attendance policy item and a possible special meeting being coordinated; and an appeal had been received regarding the use permit waiver approved at 2208 East Main Street at the prior meeting.
• Commissioner Vielma noted that the San Joaquin Valley Air Pollution Control District had allocated up to $600,000 for an alternatives-to-fireworks pilot incentive program. She said the city/county did not apply in the first round and urged the city to consider applying.
• Commissioner Vielma also asked where to find current maximum alcohol license information by census tract and moratorium information. Staff responded that ABC provides current census tract data with each application and that the Director would follow up on the moratorium question.
• Vice Chair Boparai and Commissioner Rizvi emphasized attendance responsibility for board and commission members and thanked staff for their work and patience. Chair Hull also thanked staff.

Key Outcomes

• Resolution 2024-08-08-0501 was approved 6-0, approving the Commission Use Permit for off-sale general alcoholic beverages at 2910 West Eight Mile Road, subject to conditions, including the condition that distilled spirits of 50 milliliters or less that are not in original factory packaging of four or more are prohibited. CEQA exemption was found under Section 15301. Commissioner Thompson was absent.
• Motion 2024-08-08-0502 was approved 6-0, continuing Item 5.2 to the August 22, 2024 Planning Commission meeting. Commissioner Thompson was absent.
• Appeals of the Item 5.1 decision may be filed within 10 days pursuant to Stockton Municipal Code Section 16.100.020.