Planning Commission Meeting - October 10, 2024

The Stockton Planning Commission met on October 10, 2024, at 5:30 PM and adjourned at 7:06 PM. The main agenda item was a continued public hearing for a Commission Use Permit and Location Waiver to allow a convenience store with off-sale of beer, wine, and distilled spirits at 1515 East Main Street. After hearing public testimony and deliberation, the Commission voted 4-3 to deny the request.

Consent Calendar

• Approval of Minutes (August 22, 2024): Motion carried 6-0 (Commissioner Thompson recused).
• Approval of Minutes (September 12, 2024): Motion carried 6-0 (Commissioner Hull recused).

Public Comments & Testimony

• Pandora Crowder (opposition): Expressed concern about alcohol oversaturation and a charter school within 200 feet of the site; stated that alcohol is already a serious problem in the area.
• Kamaljit Singh (support): Local business owner; stated he has no problem with the applicant and wants to support him.
• Yaduindu Singh (support): Local business owner; described the applicant as a good person and businessman who deserves a chance to compete.
• Gurzinder Choumwer (support): Nearby business owner; supports the applicant because his success would also support other businesses.
• Neil Amos (support): Owns a barbecue restaurant across the street; praised the store's cleanliness and convenience, and argued that responsible alcohol sales would not increase crime.
• Razi Pelaez (support): Owns a sign shop across the street; stated that granting the license would set a standard for neighboring businesses and that the store is well-lit and safe.
• Applicant Gagan Bahad: Stated he is a franchisee of the 7-Eleven, involved in the community (business watch, free meals at St. Mary's shelter), and plans to self-regulate if problems arise. He noted over 100 customer petitions in support.
• Attorney Ryan Kroll: Argued that the waiver is allowed to promote economic growth, that the store is a one-stop shop with fresh food and fuel, and that the applicant has a proven record of responsible operation.

Discussion Items

• Item 5.1 – 24-1004: Use Permit and Location Waiver for Alcohol Sales at 1515 East Main Street
  • Staff presented the proposal: an existing 7-Eleven convenience store with gas station seeking to add off-sale of beer, wine, and distilled spirits (less than 20% of floor area).
  • Location fails separation requirements: within 200 feet of Stalworth Charter School, within 500 feet of two existing off-sale establishments, and within 1,000 feet of five off-sale establishments (grouping restriction). The crime reporting district rate is 88% of citywide average (below the 120% threshold). A waiver is requested for these non-compliances.
  • Staff recommended denial based on failure to meet development standards for alcoholic beverage establishments.
  • Commissioner discussions highlighted oversaturation, proximity to a school, and the number of waivers needed. Some commissioners noted the applicant's exemplary operation and community involvement.
  • The applicant offered to amend the application to beer and wine only, but the City Attorney advised that accepting a revised application would require continuing the item to a future meeting for a new resolution.
  • The Commission then voted on the original staff recommendation (denial of the full request including distilled spirits).

Key Outcomes

• Motion to Deny (Resolution 2024-10-10-0501): Carried 4-3.
  • Yes: Anne Mallett, Brenda Jones, Terry Hull, Esperanza Vielma.
  • No: Waqar Rizvi, Greg Thompson, Gurneel Boparai.
• The decision can be appealed to the City Council within 10 days per Stockton Municipal Code Section 1.6-100-02.
• Informational report from staff: The Development Code Update (part of the Shapes Doctrine effort) is nearing completion; one more study session with the Planning Commission is planned before bringing sections to the City Council for adoption.