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Planning Commission

Regular Meeting

Stockton, CA · December 10, 2020

Agenda

Agenda

Stockton Planning City of Stockton Commission Meeting Agenda - Final Planning Commission Waqar Rizvi, Chair (District 2) Anne N. Mallett, Vice Chair (District 4) Gerardo Garcia, Commissioner (District 1) Jeff Sanguinetti, Commissioner (District 3) Xavier Mountain, Commissioner (District 5) Kimberly A. Warmsley (District 6) D'Adrea Davie, Commissioner (At-Large) Thursday, December 10, 2020 5:30 PM Council Chamber, City Hall, 425 N. El Dorado Street, Stockton CA During this time of local health concerns, City Hall has limited socially-distanced seating available to the public. Due to these concerns, you are strongly encouraged to watch the meeting online and you can submit your public comments electronically. 1. You can view the live meeting at http://www.stocktongov.com/government/oMeetings/ councilMeetings.html 2. eComment - click https://stockton.granicusideas.com/meetings to submit an eComment(s). Only one comment per agenda item, per person will be read into the record. 3. Email – City.Clerk@stocktonca.gov if you prefer to email your comments in. Only one comment per agenda item, per person will be read into the record. 4. Public comment voicemail - (209) 937-8459 if you wish to leave your public comment in the form of a voicemail, it will be transcribed and emailed to the City Clerk. Only one comment per agenda item, per person will be read into the record. 1. CALL TO ORDER/ROLL CALL 2. PLEDGE TO FLAG 3. ADOPTION OF CONSENT CALENDAR 3.1 20-7349 PLANNING COMMISSION MEETING SCHEDULE FOR THE CALENDAR YEAR 2021 Recommended Action: RECOMMENDATION Staff recommends that the Planning Commission approve, by motion, the meeting schedule for the Calendar Year 2021. Department: Community Development Attachments: Attachment A - Procedural Rules Attachment B - 2021 Permit Center Calendar 4. PUBLIC COMMENT* City of Stockton Page 1 Printed on 12/3/2020 Planning Commission Meeting Agenda - Final December 10, 2020 5. PUBLIC HEARINGS/ENVIRONMENTAL ASSESSMENTS 5.1 20-7279 CONSIDERATION OF A ZONING MAP AMENDMENT TO ENSURE CONSISTENCY WITH THE ENVISION STOCKTON 2040 GENERAL PLAN Recommended Action: RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution recommending that the City Council approve an amendment to the Stockton Citywide Zoning Map to ensure consistency with the Envision Stockton 2040 General Plan. Department: Community Development Attachments: Attachment A - General Plan Land Use Map Attachment B - Citywide Zoning Map Rezones Labeled in Red Text.pdf Attachment C - Proposed Property Rezones List Proposed Resolution - Recommending Approval Exhibit 1 - Proposed Ordinance and Zoning Map 5.2 20-7415 COMMISSION USE PERMIT TO ESTABLISH A RETAIL STOREFRONT CANNABIS BUSINESS, ADMINISTRATIVE USE PERMIT TO ESTABLISH A RETAIL NON-STOREFRONT (DELIVERY ONLY) CANNABIS BUSINESS, AND A WAIVER OF CANNABIS BUSINESS LOCATION REQUIREMENTS - ALL CONCERNING A 4,123 SQUARE FOOT COMMERCIAL SPACE AT 6709 PLYMOUTH ROAD, SUITES C & D (APPLICATION NO. P20-0596) Recommended Action: RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution to: 1. Approve a Commission Use Permit to allow the establishment of a proposed retail storefront cannabis business, in accordance with the findings and subject to the conditions herein; 2. Approve an Administrative Use Permit to allow a retail non-storefront (delivery only) cannabis business, in accordance with the findings and subject to the conditions herein; and 3. Approve a Waiver to reduce the location requirement to separate commercial cannabis businesses from at least 600 feet to approximately 574 feet of a childcare center. Department: Community Development City of Stockton Page 2 Printed on 12/3/2020 Planning Commission Meeting Agenda - Final December 10, 2020 Attachments: Attachment A - Location Map Attachment B - Proposed Plans Attachment C - Neighborhood Context Information Attachment D - Waiver Location Requirement Request Attachment E - Existing Retail Storefronts Attachment F - Existing Retail Delivery Proposed Resolution - Cannabis Retail Storefront Exhibit 1 - Proposed Plans 6. NEW BUSINESS* 7. UNFINISHED BUSINESS 8. REPORTS/COMMUNICATIONS/INFORMATIONAL ITEMS 8.1 20-7443 REVIEW OF CURRENT CANNABIS ORDINANCE Recommended Action: RECOMMENDATION This item is being placed on the agenda at the request of the Planning Commission to allow for discussion regarding current cannabis regulations contained in Title 16 of the Stockton Municipal Code (SMC). Since cannabis regulations are located in several sections of Title 16, all of the sections are attached for reference. No action is required as this is for informational purposes only. Department: Community Development Attachments: Attachment A - SMC 16.20.020 Allowable Land Uses Attachment B - SMC 16.80.195 Cannabis Business Types Attachment C - SMC 16.240.020 Definitions 9. COMMISSIONERS COMMENTS 10. ADJOURNMENT City of Stockton Page 3 Printed on 12/3/2020 Planning Commission Meeting Agenda - Final December 10, 2020 CERTIFICATE OF POSTING I declare, under penalty of perjury, that I am employed by the City of Stockton and that I caused this agenda to be posted in the City Hall notice case on December 3, 2020, in compliance with the Brown Act. Eliza R. Garza, CMC City Clerk By: ________________________________ Deputy City of Stockton Page 4 Printed on 12/3/2020 Planning Commission Meeting Agenda - Final December 10, 2020 A. The meeting will be conducted in accordance with Rosenberg’s Rules of Order. B. Each person wishing to address the Planning Commission is encouraged to fill out a speaker card located at the podium. Each speaker will then be called forward to the podium to speak in the order in which their speaker card was received. Speakers are encouraged but not required to provide their name and address when speaking before the Commission. C. All questions from members of the audience to the Planning Commission and/or city staff members shall be directed to the Chairperson of the Planning Commission. All questions from Planning Commission members to staff shall be addressed directly to staff from the member asking the question. No personal comments and/or exchanges will be permitted between members of the audience and individual staff or Commission members. Rather, direction shall be given to staff to follow-up on any issues brought before the Commission. This rule applies to communications outside of the public hearing process. D. Information presented to the Commission shall only pertain directly to the item under consideration. Character assassinations, personal feuds, irrelevant data or repetitions of matters already presented shall not be permitted. E. All rules of Decorum pursuant to Council Policy 100-3- Rules for Conduct of City Council Meetings apply equally to this Commission. Agendas, staff reports and minutes can be viewed on the City of Stockton web site http://www.stocktongov.com/government/oMeetings/boardComMeetings.html DISCLOSURE OF CAMPAIGN CONTRIBUTIONS: State legislation requires disclosure of campaign contributions of $250 or more, made to any Planning Commissioner, by any person who actively supports or opposes any application pending before the Planning Commission, and such person has a financial interest in the decision. Active support or opposition includes lobbying a Commissioner and/or testifying for or against such an application. Any person having made a $250 or larger contribution within the preceding 12 months must disclose that fact during the public hearing or on said application. The official City Planning Commission policy is that applications pending before this Commission should not be discussed with the Commission members outside of a public hearing. If any representations are made privately, they must be identified and placed in the public record at the time of the hearing. If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission, at, or prior to, the public hearing. NOTE: All proceedings before this meeting body are conducted in English. The City of Stockton does not furnish language interpreters and, if one is needed, it shall be the responsibility of the person needing one. In accordance with the Americans With Disabilities Act and California Law, it is the policy of the City of Stockton to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the Office of the City Clerk located at 425 North El Dorado Street, Stockton, California 95202 during normal business hours or by calling (209) 937-8459, at least 5 days in advance of the hearing/meeting. Advance notification within this guideline will enable the City/Agency to make reasonable arrangements to ensure accessibility. City of Stockton Page 5 Printed on 12/3/2020 Planning Commission Meeting Agenda - Final December 10, 2020 CONSENT ITEMS: Information concerning the consent items has been forwarded to the Planning Commission prior to the meeting. Unless a Commissioner or member of the audience has questions concerning a particular item and asks that it be removed from the Consent Calendar, the items are approved at one time by a roll call vote. Anyone wishing to speak on a consent item or public hearing item, please complete a "Request to Speak Card" and submit it to the Recording Secretary prior to the meeting. * For any person wishing to address the Planning Commission on any matter not on the printed agenda. Chairperson may set time limit for individual speakers/groups. City of Stockton Page 6 Printed on 12/3/2020

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