Stockton Planning Commission Denies Cannabis Retail Use Permit on 3-3 Vote, August 28, 2025
Stockton Planning Commission Meeting - August 28, 2025
The Stockton Planning Commission met on August 28, 2025, at 5:30 PM. Six commissioners were present (Terry Hull, William Muetzenberg, Yolanda Amen, Jeff Sanguinetti, Pandora Crowder, Jazmine Hernandez); Commissioner Derek Graves was absent. The sole agenda item was a continued public hearing for a Commission Use Permit to establish a cannabis retail storefront at 5066 West Lane. After presentations, public comment, and deliberation, two motions both failed 3-3, leaving the permit denied. The meeting adjourned at 7:15 PM.
Consent Calendar
- None.
Public Comments & Testimony
- One member of the public, Pat, spoke in opposition, citing crime statistics, personal experience with cannabis, and urging the commission to consider the views of the district's council member (Ponte). Pat stated that the council member was against the project and that the commission should respect that representative's position.
Discussion Items
- Item 5.1: Use Permit for Cannabis Retail Storefront at 5066 West Lane
- Staff presented the project as a relocation of an existing permit from 2521 West Lane. The proposed location is in the Village of Weber Ranch Shopping Center, a commercial general zone. Staff found the project met all location restrictions (over 300 feet from residential, over 600 feet from schools/churches, over 1,000 feet from other cannabis retailers). A lot line adjustment had been made, but the building's separation from residences did not change. Staff recommended approval.
- Applicant Zachary Drivon spoke in favor, emphasizing that the new operator (Sarkis) runs the high-performing PAX location on Hammer Lane, which generated $19 million in revenue and $824,000 in city taxes in 2024 with no safety issues. The applicant noted security measures, including charcoal filter air intakes and two security guards. He argued the move would improve operational security and access.
- Commissioner Hull asked about Stockton Unified School District comments; staff confirmed no comments were received. Commissioner Amen observed the parking lot and expressed concerns about impacts on adjacent businesses (a taco shop and urgent care) given high traffic. Commissioner Crowder questioned ventilation and queuing, and noted that tenants in the shopping center were not directly notified (only property owners).
- Lieutenant West Ram presented crime statistics for both locations, explaining that the proposed location's higher call volume was due to its busy intersection.
Key Outcomes
- Motion to Deny (by Commissioner Crowder, seconded by Commissioner Hernandez): Based on findings that the project would not maintain neighborhood integrity, could jeopardize public safety, and would be incompatible with existing land uses. Vote: 3-3 (Yes: Amen, Crowder, Hernandez; No: Hull, Muetzenberg, Sanguinetti). Motion failed.
- Motion to Approve with Conditions (by Vice Chair Muetzenberg, seconded by Commissioner Hull): To approve the use permit per staff recommendation, with added conditions requiring a minimum of two security guards at all times of operation (including during inventory receipt) and a maximum exterior queue of 10 persons, enforced by the business. Vote: 3-3 (Yes: Hull, Muetzenberg, Sanguinetti; No: Amen, Crowder, Hernandez). Motion failed.
- Because both motions failed, the permit application was denied. The decision can be appealed to the City Council.
- The commission also noted that ongoing discussions about the city's commercial and industrial zoning code may consider adjusting notification requirements for tenants in commercial centers.
Meeting Transcript
Chair Sanguinetti. Present. Vice Chair Mudzenberg. Present. Commissioner Graves is absent. Commissioner Hall. President. Commissioner Crowder. Present. Commissioner Eamon? Present. Commissioner Hernandez. Present. We have a quorum. Thank you. Um we're gonna do the pledge of allegiance and we're gonna have um our you want me to do it? Yeah. Mr. Musberger. Ready? I'll let you read this to the flag of the United States of America. And to the republic for which it stands. So now's the time for any public comments of anybody that's put in a blue card that is not related to the and the agenda item. Is there any we have no uh public comment cards for general public comments? Okay. All right, thank you. So um we have an agenda item five point one, which was continued from our five fourteen meeting. And I have the option to open the public hearing and listen to it again, or just let us debate it up here and move it forward. Given that our vice chair was not here at the last meeting, I'm gonna open the public hearing. Let's staff do a presentation and hear the any public comments that need to be heard, and then we'll do what we need to do. So I declare the public first of all, is there any disclosures beyond what were disclosed last time? Okay, Commissioner Musberger. All right, thank you, Chair. I'd like to disclose uh that I did meet with the applicant last Friday. We had a uh engaging discussion where I learned about the project. Um unfortunately I did miss the map last meeting, but I did want to disclose that I did meet with him. Uh no that I didn't have any preferences on on the project, so I'll save all the all my comments for when we bring it back to the diets for discussion. Thank you. Uh Commissioner Hall. Yeah, uh I did actually speak with the uh applicant's attorney as well. Uh Mr. Down, I mean Mr. Mr. Vaughn, sorry about that. And uh, but that was last time, but I did happen to go by Zen Garden Wellness and actually go in just as a kind of field trip, took my fellow commissioner's guidance and did that. So I just want to and I did go by PAX, which I happens to believe, I believe the his uh applicant's uh facility, but I just peeked in the lobby and did not go in. Kind of kind of busy. That one was really busy. So no, I just was purchases. No, I did not personally fact finding uh affair.
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