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, November 18, 2021 5:30 PM Council Chamber, City Hall, 425 N. El Dorado Street, Stockton CA The City of Stockton invites public participation in multiple forms. You provide your comments by using one of these methods: 1. CALL TO ORDER/ROLL CALL 2. PLEDGE TO FLAG 3. ADOPTION OF CONSENT CALENDAR 3.1 21-0860 APPROVE A RESOLUTION DENYING A USE PERMIT TO ESTABLISH A MICROBUSINESS CONSISTING OF THE FOLLOWING THREE CANNABIS USES: RETAIL STOREFRONT, DISTRIBUTION, AND MANUFACTURING, IN AN EXISTING 5,760 SQUARE FOOT INDUSTRIAL BUILDING AT 2455 STATION DRIVE (APPLICATION NO. P20-0720) Recommended Action: RECOMMENDATION Staff recommends that the Planning Commission approve a resolution denying a Use Permit to establish a microbusiness consisting of the following three cannabis uses: retail storefront, distribution, and manufacturing, in an existing 5,760 square foot industrial building at 2455 Station Drive (Application No. P20-0720), in accordance with appropriate findings in the proposed resolution. Department: Community Development Attachments: Attachment A - Planning Commission Staff Report 10-28-21 Item 5.1 Proposed Resolution - Recommending Denial 4. PUBLIC COMMENT* 5. PUBLIC HEARINGS/ENVIRONMENTAL ASSESSMENTS 5.1 21-0694 CONTINUED PUBLIC HEARING - AMENDMENT TO COMMISSION City of Stockton Page 1 Printed on 11/12/2021 Planning Commission Meeting Agenda - Final November 18, 2021 USE PERMIT (P17-0134) FOR CANNABIS STOREFRONT RETAILER TO ALLOW THE EXPANSION OF A CANNABIS STOREFRONT RETAILER BUSINESS WITHIN A 31,250 SQUARE FOOT INDUSTRIAL BUILDING AT 2401/2403 STAGECOACH ROAD (APPLICATION NO. P21-0311) (APN 173-320-18) Recommended Action: RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution: 1. Finding that the proposed project is categorically exempt from CEQA, pursuant to CEQA Guidelines section 15301(a) (Existing Facilites) since the project will occupy an existing facility and no expansion of building or site is proposed. 2. Approving an Amendment to a Use Permit for a Cannabis Retailer Storefront Business (P17-0134) to allow an 8,040 square foot floor area expansion within a 31,250 square foot industrial building, based on findings and subject to conditions in the proposed resolution. Department: Community Development Attachments: Attachment A - Location Map Attachment B - Approved Resolutions Attachment C - Existing Cannabis Business Locations Attachment D - P18-0720 Approved Site Plan Attachment E - Project Plans Resolution - Recommending Approval Exhibit 1 - Project Plans 5.2 21-0768 REQUEST FOR A USE PERMIT AND WAIVER FOR THE OFF-SALE OF ALCOHOLIC BEVERAGES AT A PROPOSED GROCERY STORE, LOCATED AT 5308 PACIFIC AVENUE (P21-0909) Recommended Action: RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution approving the request for the off-sale of alcoholic beverages for a proposed grocery store within the existing Sherwood Mall Shopping Center, located at 5308 Pacific Avenue, based on the findings and subject to the conditions in the proposed resolution. Department: Community Development Attachments: Attachment A - Site Location Map, General Plan Map, Zoning Map Attachment B - Site Plan and Floor Plan Attachment C - Crime Report Data and Calls for Service Attachment D - Existing Off-sale Alcohol License within 500 feet Attachment E - Existing Off-sale Alcohol License within 1,000 feet Proposed Resolution - Recommending Approval Exhibit 1 - Site Plan and Floor Plan City of Stockton Page 2 Printed on 11/12/2021 Planning Commission Meeting Agenda - Final November 18, 2021 5.3 21-0697 CONSIDERATION OF PREZONE AND DESIGN REVIEW REQUESTS FOR THE PROPOSED O'REILLY RETAIL STORE AT 9147 THORNTON ROAD (APN 080-290-39) (APPLICATION NO. P20-0793) Recommended Action: RECOMMENDATION Staff recommends the Planning Commission: 1. Find no further environmental review is necessary from the California Environmental Quality Act (CEQA) pursuant to Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning); and 2. Adopt a Resolution recommending the City Council adopt an Ordinance for the Pre-zoning of APN 080-290-39 to Commercial, General (CG); and 3. Adopt a Resolution approving Design Review, subject to conditions. Department: Community Development Attachments: Attachment A – Location Map and Aerial Photo Attachment B – Zoning Map Attachment C – General Plan Land Use Map Attachment D – Project Plans Attachment E – Prezone Map Attachment F – Annexation Map Attachment G – Community Meeting Proposed Resolution - Recommending Approval - Prezone Exhibit 1 - Proposed Ordinance - Prezoning Proposed Resolution - Recommending Approval - Design Review Exhibit 1 - Design Review 5.4 21-0821 MASTER DEVELOPMENT PLAN REVOCATION AND DEVELOPMENT AGREEMENT TERMINATION FOR THE OPEN WINDOW PROJECT Recommended Action: RECOMMENDATION It is recommended that the Planning Commission adopt a resolution recommending the City Council approve: 1. A resolution for Revocation of the Open Window Project Master Development Plan (MDP); and 2. An ordinance Terminating the Development Agreement (DA) for the Open Window Project. Department: Community Development City of Stockton Page 3 Printed on 11/12/2021 Planning Commission Meeting Agenda - Final November 18, 2021 Attachments: Attachment A - Location Map and Aerial Photography Attachment B - Termination Request from Applicant Attachment C - Community Outreach Meeting Notice Proposed Resolution - Recommending Approval Exhibit 1 - Proposed CC Resolution MDP Exhibit 2 - Master Development Plan Exhibit 3 - Proposed CC Ordinance Exhibit 4 - OWP DA 5.5 21-0816 ADOPT A RESOLUTION AMENDING TITLE 16, CHAPTER 16.20, SECTION 16.20.020 AND CHAPTER 16.80, SECTION 16.80.195 RELATED TO THE CANNABIS REGULATORY PROGRAM Recommended Action: RECOMMENDATION Staff recommends that the Planning Commission adopt a Resolution forwarding a recommendation to the City Council to adopt Option 2 of an Ordinance Amending Title 16, Chapter 16.20, Section 16.20.020 and Chapter 16.80, Section 16.80.195 of the Stockton Municipal Code, amending the Cannabis Regulatory Program. Department: Community Development Attachments: Attachment A1 - Ordinance Redlines - Option 1 Attachment A2 - Ordinance Redlines - Option 2 Attachment A3 - Ordinance Redlines - Option 3 Attachment B - Recommendation Summary Matrix Attachment C - Location Requirement Options Attachment D - Best Practices Report Attachment E - Equity Analysis Report Proposed Resolution - Recommending Approval Exhibit 1 6. NEW BUSINESS* 7. UNFINISHED BUSINESS 8. REPORTS/COMMUNICATIONS/INFORMATIONAL ITEMS 9. COMMISSIONERS COMMENTS 10. ADJOURNMENT City of Stockton Page 4 Printed on 11/12/2021 Planning Commission Meeting Agenda - Final November 18, 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 November 12, 2021, in compliance with the Brown Act. Eliza R. Garza, CMC City Clerk By: ________________________________ Deputy City of Stockton Page 5 Printed on 11/12/2021 Planning Commission Meeting Agenda - Final November 18, 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 6 Printed on 11/12/2021 Planning Commission Meeting Agenda - Final November 18, 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 7 Printed on 11/12/2021