Planning Commission

Stockton Planning City of Stockton Commission Meeting Agenda - Final Planning Commission Anne N. Mallett, Chair (District 4) Jeff Sanguinetti, Vice Chair (District 3) Gerardo Garcia, Commissioner (District 1) Waqar Rizvi, Commissioner (District 2) Xavier Mountain, Commissioner (District 5) Brenda Jones, Commissioner (District 6) Brando Villapudua., Commissioner (At-Large) Thursday, February 25, 2021 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 included 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 included 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 included into the record. 1. CALL TO ORDER/ROLL CALL 2. PLEDGE TO FLAG 3. ADOPTION OF CONSENT CALENDAR 4. PUBLIC COMMENT* 5. PUBLIC HEARINGS/ENVIRONMENTAL ASSESSMENTS 5.1 21-0094 REQUEST FOR A USE PERMIT AND DESIGN REVIEW TO ALLOW THE ESTABLISHMENT OF A CONVENIENCE STORE WITH OFF-SALE OF BEER AND WINE, GENERAL MERCHANDISE, AND A FUELING STATION, WITH A CAR WASH FACILITY, AT 1243 WEST MARCH LANE (P20-0301) City of Stockton Page 1 Printed on 2/19/2021 Planning Commission Meeting Agenda - Final February 25, 2021 Recommended Action: RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution approving a Use Permit and Design Review to allow a new convenience store with off-sale of beer and wine, general merchandise, a fueling station, and car wash facility, at 1243 West March Lane, based on the findings and subject to the conditions in the proposed resolution. Department: Community Development Attachments: Attachment A - Aerial Photo and Location Map Attachment B - Site Plan, Floor Plan and Elevations Proposed Resolution - Recommending Approval Exhibit 1 - Site Plan, Floor Plan and Elevations 5.2 21-0115 APPEAL OF A DIRECTOR’S DETERMINATION THAT THE DEMOLITION OF THE STRUCTURE LOCATED AT 434,436,440 EAST WEBER AVENUE (APN 149-140-11) DOES NOT CONCERN A HISTORIC RESOURCE Recommended Action: RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution denying the appeal and upholding the Director's Determination that the demolition of 434, 436, 440 East Weber Avenue does not concern a historic resource, based on the findings herein. Department: Community Development Attachments: Attachment A - Director Determination Letter Attachment B - Submittal Appeal Attachment C - Appeal Response/Rebuttal Attachment D - Cultural Resources Memorandum Attachment E - Demolition Permit Process Proposed Resolution - Recommending Denial of Appeal 5.3 21-0105 AMENDMENT TO TITLE 16 CHAPTER 16.44 AND CHAPTER 16.72, SECTION 16.72.125 OF THE STOCKTON MUNICIPAL CODE RELATED TO WIRELESS COMMUNICATION FACILITIES City of Stockton Page 2 Printed on 2/19/2021 Planning Commission Meeting Agenda - Final February 25, 2021 Recommended Action: RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution recommending the City Council: 1. Find the Title 16 (Development Code) Amendment is not subject to review under the California Environmental Quality Act (CEQA) pursuant CEQA Guidelines sections 15060 (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment), and 15303(e) (similar Project fall under "small facilities"); and 2. Adopt an ordinance amending Title 16 (Development Code) of the Stockton Municipal Code (SMC) sections related to wireless communication facilities: Chapter 16.44 (Communications Facilities) and Chapters 16.72 (Public Improvements), Section 16.72.125 (Encroachment Permit). Department: Community Development Attachments: Attachment A - Photos of Traditional Wireless Facilities Attachment B - Photos of Smal Cell Wireless Communication Facilities Attachment C - Existing Code Attachement D - Proposed Ordinance Redline Version Proposed Resolution - Recommending Approval Exhibit 1 - Proposed Ordinance Clean 6. NEW BUSINESS* 7. UNFINISHED BUSINESS 8. REPORTS/COMMUNICATIONS/INFORMATIONAL ITEMS 9. COMMISSIONERS COMMENTS 10. ADJOURNMENT City of Stockton Page 3 Printed on 2/19/2021 Planning Commission Meeting Agenda - Final February 25, 2021 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 February 19, 2020, in compliance with the Brown Act. Eliza R. Garza, CMC City Clerk By: ________________________________ Deputy City of Stockton Page 4 Printed on 2/19/2021 Planning Commission Meeting Agenda - Final February 25, 2021 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 2/19/2021 Planning Commission Meeting Agenda - Final February 25, 2021 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 2/19/2021