City Council and Concurrent Authorities
October 18, 2022

EXHIBIT 2
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EXHIBIT 2
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EXHIBIT 2
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appeal. Within 5 business days following the final action of its Board of Directors regarding an appeal, SJAFCA shall notify the affected Land Use Agency in writing of its determination.

9. Compensation of Land Use Agencies. In consideration for collecting the DIF and consistent with the hold-back provided for in Section 2, SJAFCA shall reimburse
the Land Use Agencies for their cost of time and materials for calculating, reporting, collecting, and processing functions. Such costs shall include the time and materials expended by, but not limited to, employees of the relevant Community Services Department, the Auditor-Controller's department, the Land Use Agencies' administrative office, and the information technology department. The Parties agree that a charge of 3% of the DIF is a reasonable estimate of the Land Use Agencies' cost of time and materials for calculating, reporting, collecting, and processing of the DIF.

Each Land Use Agency and SJAFCA may agree to a different amount that reflects the Land Use Agency's actual cost of collection by executing a letter agreement without the need to amend this Agreement.

10. Relationship to Enhanced Infrastructure Financing District.

The Parties acknowledge that as a separate action, the Land Use Agencies are also collaborating on the creation of an enhanced infrastructure financing district ("EIFD") which will collect funds from a portion of property taxes paid in the Program Area to also fund, in addition to the DIF, levee improvements protecting the Program Area. For the EIFD, the Land Use Agencies have agreed that the County will contribute a larger share of EIFD payments for an initial period, in exchange for the County receiving priority repayment of some of those funds from the DIF collected under this Agreement.

Attached hereto as Exhibit A are the key terms showing the mechanism of such priority repayment and each of the Land Use Entities agrees to such priority repayment.

11. Indemnification.
a. Except as provided in Section 11.b., SJAFCA agrees to indemnify, hold harmless and defend the Land Use Agencies, their Board of Supervisors or City 1777538vl
AMENDED Agreement for Collection of San Joaquin Area Flood Control Agency Development Impact Fee

EXHIBIT 2
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EXHIBIT 2
800
1001 W. Center Street
Manteca, CA 95337
For City of Stockton:

City of Stockton Community Development Department
ATTN: Community Development Director
424 N. El Dorado Street
Stockton, CA 95202
Any party may change the address to which subsequent notice and/or other communications can be sent by giving written notice designating a change of address to the other Parties, which shall be effective upon receipt.

13. Term. This Agreement shall be effective as to SJAFCA and any Land Use Agency, once SJAFCA and the Land Use Agency both execute this Agreement and also adopt the DIF, and shall be effective as to each additional Land Use Agency once this Agreement is executed by that Land Use Agency and the DIF is adopted, and shall end when either (i) SJAFCA terminates the Agreement in accordance with Section 14, or (ii) all adopting Land Use Agencies have terminated the Agreement in accordance with Section 14.

14. Withdrawal from Agreement. Any Land Use Agency that has executed this Agreement, or SJAFCA, may withdraw from this Agreement by giving the other Parties at least six (6) months written notice of withdrawal. In the event of withdrawal by a Land Use Agency, that Land Use Agency shall, within 10 days of effective withdrawal, cause to be deposited into SJAFCA's separate capital facilities account all DIF funds collected prior to withdrawal.

15. Modifications. This Agreement contains the entire understanding of the Parties and no alteration, amendment, variation, or waiver of the terms of this Agreement shall be valid unless made in writing and signed by all Parties. Waiver by any Party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent, or any other right hereunder. l7TT538vl
AMENDED Agreement for Collection of San Joaquin Area Flood Control Agency Development Impact Fee

EXHIBIT 2
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22. Interpretation. For purposes of this Agreement, references to "he" shall mean and include "she," references to "him" shall mean and include "her," and references to "his" shall mean and include "hers."
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the day and year first above-written.

COUNTY OF SAN JOAQUIN CITY OF STOCKTON,
a political subdivision of the State of California a municipal Corporation By:______________ By: ____________ _
Jerome Wilverding
County Administraror
ATTEST: ATTEST:

Clerk of the Board of Supervisors Clerk of the City of Stockton of the County of San Joaquin,
State of California
By:. __ ---,-__________ By:. ____________ _
RACHEL DeBORD
Deputy Clerk
RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM
By: ____________ _
B CHMAN, C.E. T.E., CFM
Interim Director of Public Works
APPROVED AS TO FORM:

By:_�_____,,---=--Q __
Matthew Dacey
Deputy County Counsel
1777538vl
AMENDED Agreement for Collection of San Joaquin Area Flood Control Agency Development Impact Fee

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EXHIBIT A

SAN JOAQUIN AREA FLOOD CONTROL AGENCY

MOSSDALE TRACT AREA REGIONAL URBAN LEVEL OF

FLOOD PROTECTION DEVELOPMENT IMPACT FEE
Key Terms Related to the Repayment of
EIFD Payments to Land Use Entities from Impact Fees

1. Development Impact Fees "Impact Fees" collected after the Initial Years (ending in 2029), would be paid to each jurisdiction to help offset the general fund impacts associated with debt service requirements of the EIFD, subject first to priority reimbursement of "County Additional EIFD Contributions," as defined below. (i.e., the Impact Fees would be directly paid to the County until they have fully repaid the cumulative County Additional EIFD Contributions. After that repayment, Impact Fees would be used to offset the agencies' impacts to their respective general funds from prior EIFD property tax allocations, the "Impact Fee Offset," as further described below).

2. During the Initial Years, the following EIFD funding participation is proposed:
a) San Joaquin County proposed to contribute a total flat rate of 47% of property tax increment, comprised of its Initial Base Rate plus an additional 37% of property tax increment, with such additional amount defined as "County Additional EIFD Contribution".
b) Cities will each provide their respective Initial Base Rates.

3. Following the Initial Years, the following EIFD Funding participation and other financial arrangements are proposed:

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a) The Initial Base Rates would no longer apply and all agencies, including the County, would provide proportional EIFD contributions (i.e., the same percentage rate of total tax increment) to meet the debt service needs of any debt issued and secured by EIFD revenues subject to the Maximum Rate (20%) of total property tax increment. The contributions provided after the Initial Years would be subject to the Maximum Rate are defined as the "Post Project Annual Contribution."
b) The cumulative County Additional EIFD Contribution shall be repaid to the County using Impact Fees. County to receive 100% of Impact Fees until the cumulative Additional County EIFD Contribution is repaid with interest compounded quarterly on at the annual County Pooled Treasury Rate for that quarter plus 200 basis points.

AMENDED Agreement for Collection of San Joaquin Area Flood Control Agency Development Impact Fee
EXHIBIT 2
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EXHIBIT B

FEE CREDITING PRINCIPLES
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AMENDED Agreement for Collection of San Joaquin Area Flood Control Agency Development Impact Fee

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CREDITING POLICY FOR PRIOR ADVAI\ICE FUNDING
The Crediting Policy will allow for the1use of the accumulated credit on a proportionate basis as the remainder of a project is developed. Th� basis for the proportionality will be the ratio of Remaining Credit Acreage to Total Remaining Acres to be developed.
• "Remaining Credit Acreage" will be defined as the credit accumulated by the prior advance funding less the amount of credit utilized by units that have been absorbed prior to January 8, 2019. • "Total Remaining Acres" to be developed will be defined as the difference between the total developable GDAs in a project and the amount of acres absorbed before January 9, 2019, or as subsequently revised by the Land Use Agency and the Landowner.

Use of Prior Atlvance Funding Credit
As homes and/or projects are constructed by permits applied for after January 9, 2019, the lantlowner will
fund a portion of the Levee Fee based on the relative proportionality between the remainder of a project not able to be funded from the Remaining Credit Acreage and the Total Remaining Acres left in the project after all previously absorbed units.

To im.plement this policy, the Land Use Agency will calculate this remaining amount of the Levee Fee due as the individual building permits are issued for units to be constructed in the project. Collection of the Levee Fee can be deferred consistent with any adopted fee deferral program by the Land Use agency.

CREDITING POLICY FOR CONSTRUCTION OF FACILITIES
Any Developer constructed facilities will be constructed pursuant to an agreement entered into between the Land Use Agency and SJAFCA. The agreement wlll specify the maximum amount of credit that will be afforded for the construction of the facility which will be the lesser of the estimated cost of the facility which was the basis for the development fee program or the Develope1Js actual construction cost ("Constructed Facilities Funding Credit''). Constructed Facilities Funding Credit will be documented and provided when a completed facility is accepted by the appropriate entity.

Use of Constructed Facilities Funding Crepit
Use of Constructed Facilities Funding Credit will be consistent with the "Use of Advance Funding Credit" described above.

REIMBURSEMENT POLICY FOR PRIOR ADVANCE FUNDING
For Development Projects due a reimbursement as a result of funding in excess of a Project's Levee Impact Fee Obligation
The reimbursement policy will be consistent with the following underlying principles. • Reimbursements will be only be paid from levee impact fees collected from other development projects.
• No reimbursements should be paid to a party advancing funds into the levee improvement program until all levee improvement project costs are paid and the levee improvement-program has been completed and certified, unless otherwise determined by SJAFCA that payment of such reimbursements is financially feasible and legally defensible by SJAFCA. l'repore,J by L WA 2 ---'--L,__� ........... nctobei:.22, 2018 EXHIBIT 2
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EXHIBIT 2
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EXHIBIT 3

REGIONAL URBAN LEVEL OF FLOOD PROTECTION LEVEE IMPACT FEE UPDATE
(MOSSDALE TRACT AREA, 200-YEAR FLOODPLAIN)

General Comments (Applicable to all Fees)
All Fee Areas – Administrative Fee is incorporated into the fee rate.

Passthrough collected by City and paid to SJAFCA. Fee set by SJAFCA.

Land Use
Updated
Regional
Fee Rates

Single Family Residential $22,106 Per Gross Developable Acreage Multi-Family Residential $20,686 Per Gross Developable Acreage Commercial $20,916 Per Gross Developable Acreage
Industrial $16,384 Per Gross Developable Acreage

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Public Hearings
Mossdale Tract Area
Regional Urban Level of Flood Protection
Development Impact Fee Program
City of Stockton City Council Meeting
October 18, 2022
Agenda Item 16.1
812
Recommendation
 Receive staff’s presentation and any public comments regarding the Mossdale Tract R
egional Urban Level of Flood Protection Fee Update
 Conduct a combined Public Hearing as required by AB 602 and AB 1600  To Approve the Mossdale Tract Regional Urban Level of Flood Protection Impact Fee Nexus Study U
pdate; and,
 Adopt of the Mossdale Tract Regional Urban Level of Flood Protection Impact Fee  Upon conclusion of the Public Hearing Adopt a Resolution  Approving the Nexus Study,
 Approving the Amended Collection Agreement; and,
 Establishing the proposed Fee.
813
Background on Update
 Current Regional Fee Program adopted November 8, 2018  Since 2018, fee program has generated more than $8.9 Million  Key factors necessitating update
 Overall Program Costs
 EIFD funding approach
 Updated development projections
 Update needs to comply with new Impact Fee Law (AB 602)  Required noticed Public Hearing on the Nexus Study
 Nexus Study Content – addr ess existing and new level of service  Address basis upon which fee is calculated
 Following adoption of Resolution approving the Nexus Study Update  Adopt an Ordinance to amending the City’s Municipal Code  Establish Fee rates by Resolution
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Updated Program Costs
SJAFCA’s Mossdale ULOP Project
 Improvements now inclusive of SJAFCA’s adopted Climate Adaptation Policy Project Cost Updated from 2018 Nexus Study (Million $’s) Fee Funded Portion = $88.61 Million (2021$’s)
 Balance of costs to be funded from other sources
 $88.6 million includes EIFD reimbursements to the Agencies as described in the Nexus Study (
approx. $30.1 Million more than the $58.5 noted previously) Approach for funding the overall program currently being updated • Updated Nexus Study / increased fee is contemplated as part of the update. In other words, update t
o the Fee is a no regrets action.

Total Project Cost
(Nominal$'s)
Discounted Cost
for Fee
Net Fee
Funded Portion
2018 Study $176.50 $150.8 (2018$'s) $64.15
2022 Update $270.70 $235.5 (2021$'s) $88.61
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Update to Planned Development
5  Fee calculation Reflects – all planned development receiving flood protection from the ULOP Project expected over the next 30 – years
 Fee would be collected over 30-year period
Jurisdiction
Gross Acreage
2018 Study
Gross Acreage
2022 Update
Lathrop 2,455 2,195
Manteca 1,015 1,712
Stockton 231 458
Unincorporated SJ County 370 561
Total 4,071 4,926
816
Incorporation of EIFD Payments
6  Participation in the EIFD results in land use agency general funds fiscal impacts.  Fee revenues collected after the completion of the project can help mitigate fiscal impacts.
 The Study Update reflects the use of fee revenues collected after completion of the ULOP Project in 2029, to provide payments to the Agency’s to mitigate EIFD impacts.

Repayment provisions are incorporated into the Collection Agreement. 817
Regional Fee Boundary
 All development within the area benefiting from ULOP
i
s to be charged the Fee.
 No change to the current Fee Boundary
 Consistent with EIFD Boundary and area receiving and
U
rban Level of Flood Protection
818
Fee Rate Summary
8 819
Development Impact Fee Administration
9  Fee charged prior to issuance of building permit.
 Fee will apply to all Planned Development in the Mossdale Tract Area that creates a flood protection impact.
 Based on Map’s/Parcel’s Gross Developable Acreage (GDA as defined in the updated Nexus Study)
 Fee collection would be deferred consistent with any jurisdiction-wide fee collection deferral program (or a deferral program approved by the Land Use Agency and

SJAFCA)
 SJAFCA may provide credit toward the fee for:
 Advance funding of levee improvements
 Construction and dedication of facilities by a developer  Credit would be subject to the terms of a fee crediting agreement  Fee Crediting & Reimbursement Principles are included in the Amended Fee Collection Agreement to ensure consistency and equity among the member agencies. 820
Amended Fee Collection Agreement
10 Agreement between SJAFCA and all the Land Use Member Agencies Terms are primarily the same as the original agreement except for:
 Timing - commence collection of the updated DIF as soon as it is effective within all of the agencies.
 Note: 60 day period before a new fee is effective after adoption.  Terms related to EIFD Payments added
 Payments to County for additional EIFD Contributions paid on a priority basis (100% of Fees until the cumulative amount is paid with interest.)
 Fees received after priority County payments are allocated based on EIFD participant’s proportionate share of cumulative contributions during initial years plus contributions made after 2029.  Duration of the impact fee payments to the agencies is yet to be determined. Is a function of how long the Impact Fee program is in place after project completion (contemplated 30 years).

Term can be addressed during required 5-Year Impact Fee Update processes. SJAFCA member agencies should weigh in on duration of the impact fee program and associated EIFD Payments.
821
Recommendations & Next Steps
11  Conduct a combined Public Hearing as required by AB 602 and AB 1600  To Approve the Mossdale Tract Regional Urban Level of Flood Protection Impact Fee Nexus Study Update; and,
 Adopt of the Mossdale Tract Regional Urban Level of Flood Protection Impact Fee  Upon conclusion of the Public Hearing Adopt a Resolution  Approving the Nexus Study,
 Approving the Amended Collection Agreement; and,
 Establishing the proposed Fee.
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Questions & Discussion
823
City of Stockton
Legislation Text
File #: 22-0999, Version: 1

APPEAL OF THE PLANNING COMMISSION DENIAL OF A COMMISSION USE PERMIT AND

DESIGN REVIEW TO ESTABLISH A RETAIL STOREFRONT CANNABIS BUSINESS AND AN

ADMINISTRATIVE USE PERMIT TO ESTABLISH A RETAIL NON-STOREFRONT (DELIVERY ONLY) CANNABIS BUSINESS, IN AN EXISTING 4,375 SQUARE FOOT COMMERCIAL BUILDING AT 2521 WEST LANE (APPLICATION NO. P21-0602)
This item was continued from the City Council Meeting of September 27, 2022.

RECOMMENDATION
It is recommended that City Council adopt a resolution to:

1. Reverse the Planning Commission’s denial of a Commission Use Permit to allow the establishment of a proposed retailer storefront cannabis business, in accordance with the findings and subject to conditions in the proposed Resolution; and

2. Reverse the Planning Commission’s denial of an Administrative Use Permit to allow a retail non-storefront (delivery only) cannabis business, in accordance with the findings and subject to conditions in the proposed Resolution; and

3. Reverse the Planning Commission’s denial of Design Review for architectural modifications to an existing building, in accordance with the findings and subject to conditions in the proposed Resolution.

Summary
The applicant, Caroline Johnson, submitted a Commission Use Permit (CUP), Administrative Use Permit (AUP), and Design Review application to establish a 4,375-square foot cannabis retail storefront business and a retail non-storefront (delivery only) cannabis business in a Commercial, General (CG) zoned parcel, located at 2521 West Lane. The proposed business would occupy a vacant building that previously housed an automotive repair shop (Attachment A - Location Map).

The applicant participated in and won the 2021 Commercial Cannabis Lottery program and was awarded the opportunity to apply for the one (1) annual general pool Cannabis Retail Storefront CUP.

If approved and prior to the issuance of the Cannabis Operators Permit, the applicant will need to submit a security plan for the proposed cannabis business for review and approval by the Police Department, as required by Stockton Municipal Code (SMC) 5.100.050 (Application for Cannabis Operators Permit). The Stockton Police Department has reviewed the application and indicates no opposition to this proposed project.

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On April 14, 2022, the Planning Commission held a public hearing to consider the project application.

There were no members of the public in attendance to speak on the project, however one (1) electronic communication from Aspire Public Schools was submitted to the Planning Commission the night of the meeting requesting a continuance (Attachment B). The Planning Commission opted to open the public hearing and receive staff and applicant presentations and then discussed the project.

Staff indicated that the project satisfied all location requirements, including the minimum 600’ distance from any school, with no waivers required, and the project satisfied all findings for approval.

For clarity, the Project property is located slightly more than 1,200 feet away from the Aspire Public Schools property. After discussion, the Planning Commission unanimously agreed to continue the hearing item to the next scheduled Planning Commission meeting, to allow opportunity for Aspire School to participate in the public hearing process. The Planning Commission advised the applicant to reach out to the school contact identified on the communication prior to the next meeting.

On April 28, 2022, the Planning Commission continued discussion during the public hearing on the project. The applicant relayed to the Commission that they made multiple attempts to reach out to Aspire Public Schools, however, were unsuccessful in scheduling a meeting with them until the day following the Planning Commission meeting. There was no Aspire Public Schools representative in attendance at the meeting, however, an electronic communication was submitted by the school expressing concerns with the Project (Attachment B). The Commission attempted a vote for approval of the project that failed due to a 3-3 vote result (Commissioner Rizvi absent).

Subsequently, the Commission attempted a vote to continue the item to the next meeting when the full commission could be available to vote, however, that vote failed due to a 3-3 vote result. Due to a lack of a majority vote, the project was summarily denied.

On May 10, 2022, the applicant filed an appeal to the City Council requesting reconsideration of the Planning Commission’s denial, on the basis that the school did not make themselves available and the Commissioner tie vote.

As reflected in staff’s analysis below, the Project will comply with all applicable provisions of the Stockton Municipal Code, and exceeds the minimum location requirements oulined in SMC Section

16.80.195 which requires separation from sensitive uses (i.e. residential zones, parks, schools, etc.).

The Project would strengthen the integrity of the surrounding area by locating its operation within a vacant portion of an existing building, provide new employment opportunities and generate additional tax revenue for the City General Fund. Therefore, staff recommends the City Council reverse the Planning Commission’s April 28, 2022, denial of the proposed Commission Use Permit and Design Review and approve the Project, subject to the findings and conditions of approval.

DISCUSSION
Background
On March 5, 2019, City Council approved changes to the City’s cannabis regulatory program to: (a) align state/local regulation; (b) allow additional business types; (c) establish a method to control the pace of new business openings; and (d) establish a method to address historic racial inequities.

New business types were introduced, including manufacturing, distribution, testing laboratories, delivery-only non-storefront retailers, and microbusinesses. The program also included additional cultivators and storefront retailers (dispensaries) as well as an equity program to address historic City of Stockton Printed on 10/12/2022Page 2 of 10
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File #: 22-0999, Version: 1
inequities. The changes were to align local regulation with the Medical Cannabis Regulation and Safety Act and the Adult-Use of Marijuana Act of 2016 (Proposition 64). In addition to achieving regulatory consistency, the program was changed to eliminate the limit (i.e. caps) on the total number of Operator Permits regulated by the Stockton Police Department under Stockton Municipal Code (SMC) Chapter 5.100.

For certain permit types (storefront retailer, cultivation, volatile-manufacturing, and microbusinesses) where there is concern about the potential impact on public safety, public health, or community character, a controlled expansion was established. A controlled expansion program allows the City and the existing industry to adapt to an evolving industry and gives the City ongoing flexibility to accelerate or decelerate industry expansion over time. The controlled expansion also has the benefit of allowing the City to give preference to equity applicants.

The controlled expansion is accomplished on an annual basis through a lottery process for the following business types:
a. storefront retailer
b. cultivation
c. volatile-manufacturing
d. microbusinesses, which include storefront retail and/or cultivation business types Applicants for the above business types are evenly selected by the lottery process from two (2) pools for a total of eight (8) applications per year, as described below:

Equity Pool
a. One (1) storefront retailer permit
b. One (1) cultivation permit
c. One (1) volatile-manufacturing permit
d. One (1) microbusiness permit
General Pool
a. One (1) storefront retailer permit
b. One (1) cultivation permit
c. One (1) volatile-manufacturing permit
d. One (1) microbusiness permit
The lottery includes an equity component (i.e. Equity Pool) to enable Stockton residents from disadvantaged neighborhoods to obtain cannabis business permits. Applicants for the above business types are evenly selected from 1) a general pool of applicants, and 2) an equity pool of applicants. Equity pool applicants must meet certain criteria and are also eligible to be a part of the general pool. To qualify as an equity applicant, an applicant must own more than 50 percent of the business, be a resident of Stockton, and meet one of the following: be an Minority Business Enterprise (MBE)/Women Owned Business Enterprise (WBE), live in an opportunity zone, live in the Senate Bill 535 disadvantaged area, or live in a Housing and Urban Department (HUD) designated area.

The applicant of the proposed project was awarded the opportunity to apply for a cannabis retail storefront in the 2021 Commercial Cannabis Lottery. The Non-storefront Retail (delivery only) use City of Stockton Printed on 10/12/2022Page 3 of 10
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applicability is not granted through the Commercial Cannabis Lottery program. Per SMC Section

5.100.080, there is a Citywide cap of fourteen (14) active operators permits for Retail Operators - Storefront commercial cannabis business types. As of the writing of this staff report, there are a total of seven (7) approved Retail Operators, although only five (5) are open for business.

On March 1, 2022, the Council approved changes to the Cannabis Regulatory Program via an Ordinance amendment. It is important to note that those new regulations do not apply to this application as its deemed complete date predates the Ordinance’s effective date of March 31, 2022.

Project Description
The applicant requests approval to operate an approximate 4,375 square foot cannabis retail storefront business and delivery service at 2521 West Lane within a Commercial, General (CG) Zone. The proposed business includes 1,147 square feet of retail storefront with the remaining 3,228 square feet for all other delivery operations, back of house, and storage.

The proposed project is located in the East Stockton neighborhood, across from the Stockton El Pinal Industrial Park subdivision. The neighborhood is mainly composed of Industrial Limited and Industrial General zones. The surrounding uses include an automobile collision facility to the north; a tile and stone delivery facility to the east; a recycling facility to the south; and railroad tracks directly to the west.

Per SMC Section 16.20.020(A)(3) (Allowable land uses and permit requirements - Multiple Uses on a Single Site), sites where a proposed project includes multiple land uses, and more than one type of land use permit is required, the most restrictive land use permit shall apply for all land uses. The applicant has applied for a Commission Use Permit to establish a cannabis retail storefront and an Administrative Use Permit for cannabis non-storefront retail delivery, all within the same building; per SMC 16.20.020, the Commission Use Permit will be applied for both land uses. A Design Review application was also submitted for exterior changes to the existing building.

The proposed hours of operation for the retail storefront portion of the business are daily from 8:00 a.m. to 8:00 p.m. and 8:00 a.m. and 7:00 p.m. Monday through Friday for the non-storefront retail delivery service are. The applicant plans to employ approximately 50 full-time employees, plus on- site security 24-hours a day.

The Stockton Police Department has reviewed the application and indicates no opposition to this proposed project. If approved, a formal security plan and lighting plan will be submitted and reviewed by the Police Department as part of an Operators Permit application.

ANALYSIS
The applicant is requesting that the City Council consider reversing the Planning Commission’s denial, thereby approving the Commission Use Permit. The City Council may uphold the Commission’s actions and deny the project, or reverse the Commission’s action with four (4) concurring votes (a majority vote), in accordance with SMC Section 16.100.040(G)(1). Staff recommends that Council consider reversing the Plannign Commission’s denial and uphold staff’s recommendation for approval of the Commission Use Permit and Design Review.

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To permit the proposed uses, the City Council is asked to consider approval of a Commission Use Permit, Administrative Use Permit and Design Review request. Each request and staff’s analysis are provided below.

Commission Use Permit/Administrative Use Permit
When located in an CG Zone, a Commission Use Permit is required for a Cannabis Retailer Storefront and an Administrative Use Permit is required for a non-storefront cannabis retail (delivery only). The operations of each use would be combined within a single business and within the same building area. As a result, and since the findings required to address each permit type are the same, the following analysis addresses both land uses.

Security and Lighting
Per SMC 5.100.050, if the proposed cannabis business is approved, a formal security plan and lighting plan will be submitted and reviewed by the Police Department as part of an Operators Permit application. The security and lighting plan will be reviewed annually by the Police Department to help ensure safe operations. All cannabis operations for the proposed cannabis business will occur indoors. Appropriate security provisions will be incorporated into the formal security plan and lighting plan, including on-site security. Furthermore, to maximize security and safe practices for cannabis businesses, the Department of Cannabis Control oversees all cannabis retailers in California and regulates cannabis retailers to ensure safe practices. For the above reasons, the establishment, maintenance, or operation of the proposed land use activity would not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use.

Parking
Per Table 3-9 of SMC 16.64.040, cannabis retailers, both storefront and non-storefront, are required to provide one (1) parking space for every 250 square feet of floor area for the retail portion of the business and a ratio of one (1) space for every 2,000 square feet of storage, employee break rooms, equipment rooms, offices, and circulation corridors. Based on this ratio, the proposed business is required to provide eight (8) parking spaces, based on a ratio of one (1) space for every 250 square feet of floor area for the retail portion of the business and a ratio of one (1) space for every 2,000 square feet of storage, employee break rooms, equipment rooms, offices, and circulation corridors. The business will provide 27 on-site parking spaces -14 for customers and 13 for staff, which exceeds the Code requirement of 8 spaces.

Land Use Tenant Sq. Ft. Parking (Spaces)
Commercial,
General
Cannabis Retailer 4,375 27
Total Parking Required by Code 8
Vehicle Parking Surplus 19
Adequate Vehicle Parking Provided? Yes
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SMC section 16.168.050(A) requires seven (7) findings of fact to grant approval. Each finding and staff’s analysis are as follows:

1. Finding: The proposed use is allowed within the subject zoning district with the approval of a use permit and complies with all other applicable provisions of this Development Code and the Municipal Code;
Staff Analysis: The proposed cannabis business types (i.e., uses) are both allowed in the CG Zone. The subject uses would be located within an existing commercial building and, therefore, do not raise questions of conformance with Title 16 development standards. Per SMC Section 16.20.020(A)(3) (Allowable land uses and permit requirements - Multiple Uses on a Single Site) sites where a proposed project includes multiple land uses, and more than one type of land use permit is required, the most restrictive land use permit shall apply for all land uses. Therefore, the applicant is requesting approval for a Commission Use Permit to establish a Cannabis Retail Storefront and retail non-storefront delivery use in accordance with the SMC. As conditioned, the cannabis uses will be in conformance with the development standards outlined in Title 16 of the Municipal Code.

As noted above, adequate off-street parking spaces are provided for both proposed uses.

The proposed project is also subject to and meets the location requirements set forth in SMC

16.80.195(A)(6) and 16.80.195(B)(4). The project is not located within 300-feet of any existing residential zone. The project is not located within 600-feet of any park, school providing instruction in kindergarten or any grades 1 through 12, day care center, or youth center, childcare center, child care, in-home (family day care home), religious facilities, or drug abuse or alcohol recovery/treatment facility.

2. Finding
: The proposed use would maintain or strengthen the integrity and character of the neighborhood and zoning district in which it is to be located; Staff Analysis: The proposed cannabis retailer and delivery service would be situated in a vacant portion of a building that formerly housed an automotive repair facility, situated near several other commercial and industrial uses; away from sensitive land uses. It would fill an existing unoccupied site which would help strengthen the integrity and security of the surrounding area by providing added security due to the nature of the land use. The proposed uses would also align with the intent of the general plan to attract employment and tax- generating businesses that support the economic diversity of the city.

3. Finding
: The proposed use would be consistent with the general land uses, objectives, policies, and programs of the General Plan and any applicable specific plan or master development plan;
Staff Analysis
: The General Plan Land Use Map designates the subject site as Commercial.

The Commercial designation is intended to accommodate a wide variety of commercial uses, including, but not limited to, retail, personal and business services, commercial recreational uses, and a mix of office, commercial and/or residential uses. The proposed use is a cannabis retail storefront and delivery business where cannabis products will be sold on-site and City of Stockton Printed on 10/12/2022Page 6 of 10
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delivered off-site to consumers. All of which are consistent with the uses described in the General Plan for the Commercial land use designation. The zoning district (CG) is also consistent with the City’s General Plan Commercial land use designation for the project site.

Therefore, the proposed use is consistent with the commercial designation.

Additionally, the project is consistent with the following General Plan goals and policies:
· Goal LU-6: To provide for orderly, well-planned, and balanced development. · Goal LU-4: Attract and retain companies that offer high-quality jobs with wages that are competitive with the region and state.
· Goal CH-3: Expand opportunities for local enterprise, entrepreneurship, and gainful employment.
· Policy LU-4.2: Attract employment and tax-generating businesses that support the economic diversity of the city.

The proposed use furthers the above goals and policy since it would provide for a business type that generates tax revenue for the City of Stockton’s general fund and also expands opportunities for employment and entrepreneurship.

4. Finding
: The subject site would be physically suitable for the type and density/intensity of use being proposed including the provision of services (e.g., sanitation and water), public access, and the absence of physical constraints (e.g., earth movement, flooding, etc.); Staff Analysis: The proposed project would occupy an existing vacant commercial building within a commercial area. The project has been analyzed by all departments and it has been determined all streets and public access ways are adequate to serve the proposed project.

Further, The proposed project was reviewed for compliance with all applicable and current Building Code guidelines and found to be in complance given the nature of the proposed project. No exapansion of the building is proposed. The site will have access to City utility services.

5. Finding
: The establishment, maintenance, or operation of the proposed use at the location proposed and for the time period(s) identified, if applicable, would not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, peace, or general welfare of persons residing or working in the neighborhood of the proposed use; Staff Analysis
: The proposed land-use will require the applicant to adhere to all applicable building code, fire code, and requirements established by the State of California, Bureau of Cannabis Control (BCC). The BCC issues annual licenses and monitors Retailer Storefronts and Non-Storefront Retail (delivery only) to ensure safety of business practices. The applicant will also be required to obtain and maintain a City of Stockton, Operator’s Permit that requires the business owner to develop and maintain a security and lighting plan that is reviewed annually by the City of Stockton, Police Department.

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The operations are being carried out indoors, in a commercial zone; appropriate security provisions will be incorporated into the project operations plan, including on-site security personnel.

For the above reasons, the establishment, maintenance, or operation of the proposed land use activity would not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use.

6. Finding
: The design, location, size, and operating characteristics of the proposed use would be compatible with the existing and future land uses on-site and in the vicinity of the subject property; and
Staff Analysis
: The proposed Retailer Storefront and Non-Storefront Retail (delivery only) is located in an existing and vacant commercial building in a commercial zone near automobile repair facilities and a recycling facility. The proposed use raises no potential issues related to compatiblity with the existing and future land uses on-site and in the vacinity of the subject property.

7. Finding
: The proposed action would be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines.

Staff Analysis: The proposed uses would occur within an existing commercial building.

Thefore, the project is categorically exempt from the CEQA, pursuant to CEQA Guidelines section 15301 (Existing Facilities). A categorial Exemption under section 15301, Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.

As a point of reference, Staff attached a location map of currently approved commercial cannabis businesses to this report (Attachment C - Existing Commercial Cannabis Businesses). However, the distance between cannabis businesses is not regulated by the SMC that applies to this application.

Therefore, the proposed Retailer Storefront and Non-storefront Retail (delivery only) businesses are permitted to be in the same location.

Design Review
SMC Section 16.120.020(A)(2) requires prior Design Review approval for additions and exterior remodeling of existing commercial development throughout the City that is visible from a public right- of-way or an internal circulation route. The merits of Design Review requests are weighed against their ability to conform to the Citywide Design Guidelines. For this Project, Section 4.01 (General Commercial Design Guidelines) provides the relevant reference point for the City's expectations for quality development.

The Stockton Citywide Design Guidelines establish criteria for general site planning and architectural guidelines to encourage the highest level of design quality and creativity. The proposed architecture consists of painting the exterior of the building and infilling the existing roll-up doors with glazing to match other exterior windows. Site improvements, including new chain link and wrought iron fencing, City of Stockton Printed on 10/12/2022Page 8 of 10
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sliding entry gate, and landscaping, are consistent with the Development Code and compatible with other commercial uses in the area. (Attachment D - Project Plans) On March 15, 2022, the Director reviewed the Project for conformance with the Citywide Design Guidelines and recommended approval, as proposed. The Director’s recommendation and approval findings for City Council consideration are presented in the Proposed Resolution.

Environmental Clearance
The proposed project is categorically exempt from CEQA, pursuant to CEQA Guidelines section 15301(a) (Existing Facilities) since the project will occupy an existing facility and no expansion of building or site is proposed.

Planning Commission
On April 14, 2022, the Stockton Planning Commission conducted a duly noticed hearing and considered the staff report and presentation, as well as a presentation from the applicant. There were no members of the public in attendance at the public hearing. Anthony Solina, Area Superintendent of Aspire Public Schools, submitted an electronic communication in the late afternoon to the Planning Commissioners requesting a continuance of the item so they could gather more details and understand the impact of having the business near the school. There were no additional public comments or emails submitted.

The Planning Commission discussed the item, indicating mostly support for the project, however voted 5-1 (Garcia absent) to continue the item to the next Planning Commission meeting on April 28, 2022, so the applicant could discuss their project with Aspire Public Schools representatives.

On April 28, 2022, the Stockton Planning Commission continued public hearing discussion and considered the staff report and brief presentation recapping the previous meeting. The applicant was asked if they had an opportunity to meet with Aspire Schools prior to the meeting. The applicant expressed that they made multiple attempts to contact the school to arrange meeting but were unable to schedule a meeting until the day following the Planning Commission Meeting. There were no members of the public present at the Planning Commission hearing. Anthony Solina, Area Superintendent of Aspire Public Schools, submitted an electronic communication to the Planning Commission stating the school’s position on the project, and their intent to appeal an approval decision of the Planning Commission. The Planning Commission voted to approve the project that failed due to a 3-3 vote result (Rizvi absent). Subsequently, the Planning Commission voted to continue the item to the next meeting when all Planning Commissioners could be present, that also failed due to a 3-3 vote result. Since a majority vote was unable to be reached, the Project was summarily denied as a result.

Applicant Appeal
On May 10, 2022, the applicant filed an appeal of the Planning Commission’s denial of the project, citing their conformity with the process, attempts to contact Aspire Schools, support for the project from the Planning Commissioners mentioned at the April 14, 2022, public hearing and tie vote (Attachment E - Applicant Appeal).

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PUBLIC COMMENT
Notice for this item was published in The Record on September 16, 2022, and a notice was sent to all property owners within a 300-foot radius of 2521 West Lane (APN 117-090-32). No written comments have been submitted from the time of the appeal to the preparing of this staff report.

FINANCIAL SUMMARY
Approval of the project would provide the City’s General Fund with additional revenue collected through the Cannabis Business Tax which is currently 5% of revenue earned by the business.

Attachment A - Location Map, General Plan and Zoning Designation Attachment B - Communication from Aspire Public Schools Attachment C - Existing Commercial Cannabis Businesses
Attachment D - Project Plans
Attachment E - Applicant Appeal
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City of Stockton, CA
March 15, 2022
Locati on Map, General Plan and Zoning Design ation
Property Information
Property ID 11709032-58445
Location 2521 WEST LN
Owner RODDEN, MARK D & KATHRYN A

MAP FOR REFERENCE ONLY

NOT A LEGAL DOCUMENT
City of Stockton, CA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map.

Geometry updated 03/02/2022
Data updated 02/04/2022
Print map scale is approximate.

Critical layout or measurement
activities should not be done using
this resource.
1" = 131.45256623118635 ft
Attachment A
834
City of Stockton, CA
March 15, 2022
Locati on Map, General Plan and Zoning Design ation
Property Information
Property ID 11709032-58445
Location 2521 WEST LN
Owner RODDEN, MARK D & KATHRYN A

MAP FOR REFERENCE ONLY

NOT A LEGAL DOCUMENT
City of Stockton, CA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map.

Geometry updated 03/02/2022
Data updated 02/04/2022
Print map scale is approximate.

Critical layout or measurement
activities should not be done using
this resource.
1" = 131.45256623118635 ft
Attachment A
835
Map Theme Legends
General Plan Map
City of Stockton GIS data

ECONOMIC AND EDUCATION ENTERPRISE

RESIDENTIAL ESTATE

LOW DENSITY RESIDENTIAL

MEDIUM DENSITY RESIDENTIAL

HIGH DENSITY RESIDENTIAL

ADMINISTRATIVE-PROFESSIONAL

COMMERCIAL

INDUSTRIAL

INSTITUTIONAL

OPEN SPACE/ AGRICULTURE

PARKS AND RECREATION

MIXED USE

RIGHT OF W AY
Attachment A
836
City of Stockton, CA
March 15, 2022
Locati on Map, General Plan and Zoning Design ation
Property Information
Property ID 11709032-58445
Location 2521 WEST LN
Owner RODDEN, MARK D & KATHRYN A

MAP FOR REFERENCE ONLY

NOT A LEGAL DOCUMENT
City of Stockton, CA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map.

Geometry updated 03/02/2022
Data updated 02/04/2022
Print map scale is approximate.

Critical layout or measurement
activities should not be done using
this resource.
1" = 131.45256623118635 ft
Attachment A
837
Map Theme Legends
Zoning
City of Stockton, CA Zoning Data

COMMERCIAL AUTO DISTRICT (CA)

DOWNTOWN COMMERCIAL (CD)

GENERAL COMMERCIAL (CG)

LARGE SCALE COMMERCIAL (CL)

NEIGHBORHOOD COMMERCIAL (CN)

OFFICE COMMERCIAL(CO)

GENERAL INDUSTRIAL(IG)

LIMITED INDUSTRIAL (IL)

PORT (PT)

LOW DENSITY RESIDENTIAL (RL/P)

MEDIUM DENSITY RESIDENTIAL (RM/P)

HIGH DENSITY RESIDENTIAL (RH/P)

MIXED USE (MX)

OPEN SPACE (OS)

PUBLIC FACILITIES (PF)

UNIVERSITY/COLLEGE (UC)

RIGHT OF W AY (ROW)
Attachment A
838
CAUTION: This email originated from outside the City of Stockton. Do not click any links or open attachments if this is unsolicited email.

Hello Deputy City Attorney Jones, Director Ocasio, Director Sanguinetti, Commissioners, RE: Public Hearing Item 5.1
22-0283 COMMISSION USE PERMIT AND DESIGN REVIEW TO ESTABLISH

A RETAIL

STOREFRONT CANNABIS BUSINESS AND AN ADMINISTRATIVE USE PERMIT TO ESTABLISH A RETAIL NON-STOREFRONT (DELIVERY ONLY) CANNABIS BUSINESS, IN AN EXISTING 4,375 SQUARE FOOT COMMERCIAL BUILDING AT 2521 WEST LANE
I am Anthony Solina, Area Superintendent for Aspire Public Schools. We operate two schools at 2050 West Lane. Langston Hughes Academy and Port City Academy serve roughly 1200 students ages 4 to 18 years old. We were made aware of the proposed cannabis business just blocks from our campuses. This raises concerns for us and in engaging with our leadership team respectfully request a continuance on item 5.1 so that we can gather more details and understand the impact of having such a business so close to our schools.

Thank you very much for your consideration,
Anthony Solina | Aspire Public Schools
Central Valley Area Superintendent
- address: 3211 East Morada Lane, Stockton, CA 95212 ( office: 209.647.3047 cell: 209.471.3727
1 fax: 209.472.7212
-email
: [email protected]
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Attachment B
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Attachment B
840

BEN HOLT DR

FRENCH CAMP RD

MARIPOSA RD

EIGHT MILE RD

THORNTON RD

DAVIS RD WEST LN

MORADA LN

HAMMER LN

MARCH LN

EL DORADO ST

HARDING WY FREMONT ST

DR MLK JR BL

AIRPORT WY
LW

R SACTO R
D

PACIFIC AV

PERSHING AV

MAIN ST

EL DORADO ST

WATERLOO RD

CHEROKEE RD

ROTH RD

AIRPORT WY
W

ILSON WY

ALPINE AV

ROBERTS RD

HOWARD RD

MATHEWS RD

CHARTER WY
|ÿ4
|ÿ4
|ÿ4
§¨¦5
§¨¦5
§¨¦5
|ÿ26
|ÿ88
|ÿ99
|ÿ99
|ÿ99
http://www.stocktonca.gov/cannabis
OPEN
678 N WILSON WA

Y, SUITE A
OPEN
1550 W FREMONT ST NOT OPEN
2401 STAGECOACH RD
OPEN
3706 E HAMMER LN, SUITE 6
OPEN
7632 PACIFIC
AVE

NOT OPEN
1903 NAVY
DR
OPEN
633 SAN JUAN A
VE

NOT OPEN
7979 S AIRPORT DR
OPEN
1621 NAVY
DR
OPEN
2233 GRAND CANAL BL
VD, SUITE 104

NOT OPEN
3008 E HAMMER LN, SUITE 208
Commercial Cannabis Business Locations
NOTE: "The Information on this map is based on the City's best available information at the time the map was prepared and is only an approximate representation of areas that may be available for the possible establishment of Commercial Cannabis Businesses. This map should only be used as a guide and does not replace the need for an applicant's due diligence as to determining if a site complies with applicable zoning and separation requirements." The information on this map is based on the most current information available to the City of Stockton Geographic Information System Section. The information on this map is not intended to replace engineering financial, or primary records research.

OPEN
7840 WEST LN SUITE F
Commercial Cannabis Businesses
Cultivation
Delivery & Storefront
Retail Delivery
Retail Storefront
Delivery/Cultivation
Microbusinesses
RDC
Cit
y Limits Boundary
1 0 1 20.5
Miles
Mar '22
Cartographer: T
. Boyd

NOT OPEN
2479 STA

TION DR
Attachment C
Attachment D
842

09.01 08.01

10.01 CLEAR GLAZED PANELS

OPAQUE FILLED PANELS

10.01 09.01
10' - 6"
2' - 0"
NO. C 13357
REN. 4−30−21
T

O AFE IFOR
LC
SN
L
ECI
STA

ED RCHIET
CT
A
NIA
THOMAS E. BOWE
WMB Project No.

Copyright WMB, Inc.

DATE PURPOSE
PUBLISH HISTORY:

No.

WMB

ARCHITECTS
2000 L Street
Suite 125
Sacramento, CA 95811
T 209.944.9110
F 209.944.5711
www.wmbarchitects.com
5757 Pacific Avenue
Suite 226
Stockton, CA 95207
Planning App. No.
1 07.22.21 PLAN REVIEW
9/8/2021 10:20:05 AM
Cannabis Retail -
Land Use Application
21-050
A4

EXTERIOR ELEVATIONS
2521 West Lane
Stockton, CA 95205
P21-0602
SCALE: 1/8" = 1'-0"1 NORTH ELEVATION
SCALE: 1/8" = 1'-0"2 EAST ELEVATION

KEYNOTES

08.01 INFILL ROLL-UP DOORS WITH STORE FRONT

SYSTEM WITH OPAQUE FILLED AND CLEAR

GLAZED PANELS

09.01 PAINT (E) METAL SIDING WITH EMJAY GREEN

10.01 PROPOSED ILLUMINATED SIGN w/ WHITE
LETTERS 2'H x 10'-6"W
Attachment D
843
Attachment E
844

Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING A COMMISSION USE PERMIT AND DESIGN REVIEW TO

ESTABLISH A RETAIL STOREFRONT CANNABIS BUSINESS AND AN

ADMINISTRATIVE USE PERMIT TO ESTABLISH A RETAIL NON -STOREFRONT (DELIVERY ONLY) CANNABIS BUSINESS, IN AN EXISTING 4,375 SQUARE FOOT COMMERCIAL BUILDING AT 2521 WEST LANE (APN 117-090-32) (APPLICATION NO. P21-0602)

The applicant, Caroline Johnson, submitted an application for a Commission Use Permit to establish a 4,375 square foot cannabis storefront retail and an Administriative Use Permit for delivery, and Design Review on a parcel zoned Commercial, General (CG), located at 2521 West Lane and included as Exhibit 1; and

The applicant is the general pool winner of the City’s 2021 Commercial Cannabis Lottery, used to designate how many applicants are allowed to apply for certain commercial cannabis types, including cannabis retail storefronts; and

Because the Project requires more than one application under the provisions of the Stockton Municipal Code Section 16.88.050, the applications are being processed concurrently; and

On April 14, 2022, the Planning Commission conducted a duly noticed public hearing on the application, in compliance with Stockton Municipal Code (SMC) Section

16.88, at which point all persons wishing to be heard were provided such opportunity and continued the review to April 28, 2022; and

On April 28, 2022, the Planning Commission attempted a vote for approval of the Project, but a majority vote was not obtained; A subsequent vote was attempted for a continuation of the Project, but a majority vote was not obtained, therefore, the Project was summarily denied; and

On May 10, 2022, the Project applicant filed an appeal of the Planning Commission’s denial; and

On September 27, 2022, the City Council convened a public hearing regarding the appeal of the Planning Commission’s decision. In such meeting, the City Council considered the request to appeal the Planning Commission’s decision and granted the appeal to reverse the Planning Commission’s decision based on the findings indicated in said resolution; now, therefore,

//
845

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

A. The foregoing recitals are true and correct and incorporated by reference.

B. Based on the staff report, staff presentation, comments received, and the public hearing, the City Council makes the following findings based on substantial evidence in the record:

Commission and Administrative Use Permit Findings (per SMC 16.168.050)

1. The proposed use is allowed within the subject zoning district with the approval of a use permit and complies with all other applicable provisions of this Development Code and the Municipal Code. The proposed cannabis business type (i.e., uses) is conditionally allowed in the CG Zone with approval of a Commission Use Permit and Administrative Use Permit. Per SMC Section 16.20.020(A)(3) (Allowable land uses and permit requirements – Multiple Uses on a Single Site) sites where a proposed project includes multiple land uses, and more than one type of land use permit is required, the most restrictive land use permit shall apply for all land uses. Therefore, the applicant is requesting approval for a C ommission Use Permit to establish a Cannabis Retail Storefront and retail no-storefront delivery use in accordance with the SMC. As conditioned, the cannabis uses will be in conformance with the development standards outlined in Title 16 of the Municipal Code. Adequate off -street parking spaces will be provided for the proposed use.

The proposed project meets the location requirements set forth in SMC 16.80.195 (A)(6) and 16.80.195 (B)(4). The project is not located within 300-feet of any existing residential zone. The project is not located within 600 -feet of any park, school providing instruction in kindergarten or any grades 1 through 12, day care center, or youth center, childcare center, child care, in -home (family day care home), religious facilities, or drug abuse or alcohol recovery/treatment facility.

2. The proposed use would maintain or strengthen the integrity and character of the neighborhood and zoning district in which it is to be located. The proposed cannabis retailer and delivery service would be situated in a vacant building that forerly housed an automotive repair facility , situated near several other commercial and industrial uses; away from sensitive land uses. It would fill an existing unoccupied site which would help strengthen the integrity and security of the surrounding area by providing added security due to the nature of the landuse. The proposed uses would a lso align with the intent of the general plan to attract employment and tax-generating businesses that support the economic diversity of the city.

3. The proposed use would be consistent with the general land uses, objectives, policies, and programs of th e General Plan and any applicable specific plan or master development plan. The General Plan Land Use Map designates the subject site as Commercial. The Commercial designation is intended to accommodate a wide variety of 846

commercial uses, including, but not limited to, retail, personal and business services, commercial recreational uses, and a mix of office, commercial and/or residential uses .

The proposed use is a cannabis retail storefront and delivery business where cannabis products will be sold on -site and delivered off-site to consumers. All of which are consistent with the uses described in the General Plan for the Commercial land use designation. The zoning district ( CG) is also consistent with the City’s General Plan Commercial land use designation for the project site.

Additionally, the project is consistent with the following General Plan goals and policies:

 Goal LU-6: To provide for orderly, well-planned, and balanced development.

 Goal LU-4: Attract and retain companies that offer high-quality jobs with wages that are competitive with the region and state.

 Goal CH-3: Expand opportunities for local enterprise, entrepreneurship, and gainful employment.

 Policy LU-4.2: Attract employment and tax-generating businesses that support the economic diversity of the city

The proposed use furthers the above goal and policy since it would provide for a business type that generates tax revenue for the City of Stockton’s general fund and also expands opportunities for employment and entrepreneurship.

4. The subject site would be physically suitable for the type and density/intensity of use being proposed including the provision of services (e.g., sanitation and water), public access, and the absence of physical constraints (e.g., earth movement, flooding, etc.).

The proposed project has been analyzed by all departments and it has been determined all existing streets and public accessways are adequate to serve the proposed project.

Further, a Building Permit is required for the proposed business before full occupancy; and the project will be required to comply with all applicable Building Code standards.

The site will have access to City utility services.

5. The establishment, maintenance, or operation of the proposed use at the location proposed and for the time period(s) identified, if applicable, would not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, peace, or general welfare of persons residing or working in the neighborhood of the proposed use. The proposed land use will require the applicant to adhere to all applicable Building and F ire codes, and requirements established by the State of California, Department of Cannabis Control. The Department of Cannabis Control issues annual licenses and regulates cannabis retailers to ensure safe practices. The applicant will also be required to obtain and maintain an Operator’s Permit from the City that requires the business owner to develop and maintain a security and lighting plan that is reviewed annually by the Police Department.

847

All cannabis operations for the proposed cannabis business will occur indoors in a Commercial zone. Appropriate security provisions will be incorporated into the project operations plan, including on-site security.

For the above reasons, the establishment, maintenance, or operation of the proposed land use activity would not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use.

6. The design, location, size, and operating characteristics of the proposed use would be compatible with the existing and future land uses on -site and in the vicinity of the subject property. The proposed cannabis business is located in an existing vacant building in an commercial zone near automobile repair facilities and a recycling facility.

The proposed use is commercial and raises no potential issues related to compatibility with the existing and future land uses on-site and in the vicinity of the subject property.

7. The proposed action would be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. The proposed uses would occur within a portion of an existing commercial building. Therefore, the project is categorically exempt from the CEQA, pursuant to CEQA Guidelines section 15301 (Existing Facilities). A categorical Exemption under section 15301, Class 1 consists of the operation, re pair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.

Design Review Findings per SMC 16.120.060

1. The proposed development is consistent with all applicable provisions of this Development Code and other applicable City ordinances; The Project has been evaluated against all applicable development code standards. Representativ es of each department within community development, municipal utilities, and fire prevention have reviewed the Project and have found it to be in compliance with all applicable city ordinances. The Director has found the Project to be in substantial compliance with provisions of the Stockton City -wide Design Guidelines for Commercial properties.

2. The general design considerations, including the character, quality, and scale of design, are consistent with the purpose/intent of this chapter and the Guidelines and other design guidelines that may be adopted by the City . The S ite Plan Review Committee and Director have reviewed the site plan and building elevations, materials, and design in a comprehensive manner. The proposed Project will incorporate high-quality, durable materials according to the design review guidelines.

3. The architectural design of existing structure and its materials and colors are visually compatible with surrounding development. Updated design elements, such as paint and windows, have bee n incorporated into the Project to further ensure its compatibility with the character and uses of adjacent development . The Project has 848

incorporated screening other decorative landscaping elements.

4. The location and configuration of structures are compati ble with their sites and with surrounding sites and structures and do not unnecessarily block views from other structures or dominate their surroundings: the site design and development pattern are consistent within the context of the surrounding developme nts. There are no protected views that would be blocked from the proposed development.

5. The general landscape design, including the color, coverage, location, size, texture, and type of plant materials, have been considered to ensure visual relief, to complement structures, and to provide an attractive environment . The Project has incorporated landscaping into the overall design, using landscaping to highlight and enhance entrances, screen unattractive elements, and provide shade and beautification to internal parking lots. A detailed irrigation plan will be approved by the building department prior to the issuance of a Certificate of Occupancy.

6. The design and layout of the existing building does not currently interfere with the use and enjoyment of nei ghboring existing or future development and will not result in vehicular or pedestrian hazards; The Stockton Design Guidelines establish criteria for residential and non -residential development to achieve a product of high -quality design that is compatible with the character of the surrounding area. The proposed architecture and site improvements are consistent with the Development Code will be like surrounding commercial uses within the area.

7. The building design and related site plans, including on-site parking and loading, has been designed and integrated to ensure the intended use will best serve the potential users or patrons of the site; The site plan ha s been evaluated by all applicable departments. On-site parking and loading have been incorporated per development code standards. The engineering department and Public Works have evaluated the layout to ensure adequate circulation for patrons. Building design and f rontage improvements have been incorporated into the design and shall be installed by the Applicant prior to occupancy of the facility.

8. Special requirements or standards have been adequately incorporated, when applicable, into the building and/or site design (e.g., American Disabilities Act regulations, historic preservatio n, mitigation measures, open space, utilities, etc.). (Prior code Section 16-515.060) ADA requirements per the Uniform Building Code have been evaluated by the building department and incorporated in the final design.

Emergency vehicle access and other sta ndards have been evaluated by fire prevention, and all comments have been incorporated into the final design. Individual departments will review other standards during plan check to ensure compliance with all other standards.

CONDITIONS OF APPROVAL

1. The project shall c omply with all applicable State, County, and City codes, regulations, and adopted standards, and pay all applicable fees. 849

2. In the event the operation of this use should prove to be detrimental to the health, safety, peace, or general welfare of the surrounding neighborhood, this Use Permit will be subject to revocation or modification, as required by the Development Code.

3. The Use Permit shall become effective following the completion of a ten (10) day appeal period following approval of the application.

4. The Use Permit shall be posted in a conspicuous place and be made available immediately to City personnel upon inspection of the premises.

5. A sign shall be posted at the entrance to the location containing the name and functioning telephone number of a 24-hour on-call person engaged in the management of the cannabis business who shall receive, log, and respond to complaints and other inquiries. This data shall be made available upon request by the Police Department and other Community Development Departments on a yearly basis.

6. The owners, developers and/or successors-in-interest (ODS) shall be responsible for the City's legal and administrati ve costs associated with defending any legal challenge of the approvals for this project or its related environmental document, if any.

7. Prior to commencing operations, the business owner shall submit a complete security plan, subject to review and approval by the Police Department. The Chief of Police or designee may impose additional security and safety conditions upon receipt of the security plan before the facility can begin operations. All employees at the site shall be approved by the Police Department prior to the start of their employment.

8. The Fire Department shall be allowed to inspect the cannabis business at any reasonable time to ensure compliance with all applicable provisions of the Fire Code, as well as other applicable codes, laws, and provisions, and is authorized to enforce those standards, as necessary.

9. Prior to commencing operations, a Cannabis Operations Permit shall be obtained in accordance with Stockton Municipal Code Chapter 5.100 (Commercial Cannabis Activity Permits).

10. The project is required to obtain a Building Permit from the Building Department.

Plans submitted for building permit(s) shall reflect compliance with the conditions outlined in this approval and Title 16 (Development Code) of the Municipal Code.

11. To assist staff’s timely review of the Building Permit, plans submitted for Building Permits shall include a cover letter identifying the sheet numbers that correspond to each condition of approval.

12. All cannabis retail operations shall be limited to the hours of 7:00 a.m. to 8:00 p.m., per SMC 5.100.280 (Retailer operator permit – Hours of operation). 850

13. All on-site parking stalls shall comply with the following requirements per SMC

16.64.080 (Development standards for off-street parking):

a. There shall be a minimum of 8 on-site parking stalls. b. The parking spaces shall be a minimum of 9 ft. x 19 ft. with two feet of vehicle overhang.
c. The parking spaces shall be clearly outlined with four (4) inch wide lines painted on the surface of the parking facility.
d. All parking spaces, driveways, circulation isles, and maneuvering areas shall be clearly marked with arrows and lines, in conformance with SMC

16.76.100(B).
e. Disabled Parking spaces shall be stripe d and marked so as to be clearly identified, in compliance with the applicable State standards. f. Continuous concrete curbing at least six (6) inches high and five and one -half (5.5) inches wide shall be provided for parking spaces located adjacent to fences, walls, property lines, landscaped areas, and structures. Individual wheel stops may be provided in lieu of continuous curbing when the parking is adjacent to a landscaped area, and the drainage is directed to the landscaped area, subject to the approval of the Director.

14. The proposed site shall include a minimum of one (1) bicycle parking space, per SMC 16.64.100 (Bicycle parking requirements and development standards). Bicycle parking shall be conveniently located within 50 feet of a building entrances or exits.

15. Any graffiti on the building or in the property shall be removed within 48 hours of notification by the City. The City shall have the right to remove any graffiti not removed within 48 hours of notification.

16. All light and glare shall be shielde d or modified to prevent emission of light and glare beyond the property line, or upward into the sky. Bare bulbs shall not be allowed on any exterior areas of the property.

17. Plans submitted for Building Permits shall comply with the following fencing requirements per SMC 16.48.100, and will be subject to review and approval by the Director:

a. The new iron fence along West Lane shall not exceed eight (8) feet in height. b. Indicate whether fencing will be electrified.
c. The existing fence adjacent to the railroad shall include graffiti limiting landscaping with vegetation that will cover at least 80 percent of the fence within three (3) years. Applicant shall provide a statement on the construction drawings confirming they have met this requirement, per SM C 16.32.060 (Graffiti).
d. Vinyl coated chain linked fencing shall be located at least (ten) 10 feet from the front and street side property lines . Chain link fencing is allowed along the 851

interior and rear property lines provided it is not within (ten) 10 feet of the front or street side property lines.
e. Other types of chain link fencing or similar materials (chicken wire, hog fencing, etc.) are prohibited within the 10-foot front and street side yard areas. f. A “Knox Box” or other similar approved devices shall be installed for emergency access by Police and Fire Departments.

18. Parking areas shall have lighting capable of providing adequate illumination for security and safety. Lighting shall be in scale with the height and use of the on-premise structure. All exterior lighting shall be energy efficient, stationary, and directed away from adjoining properties and public rights-of-way.

19. The proposed site shall use an activated carbon filtration system to prevent any odors from spilling outside of the facility related to the storage process , per SMC

16.32.90 (Odors).

20. Plans submitted for Building Permits shall include a final Landscape Plan, subject to review and approval by the Director, which shall include the following information:

a. Prior to the receipt of Certificate of Occupancy, five (5) trees shall be planted in the interior off-street parking lot in accordance with SMC Chapter 16.56 and Section 16.64.080 (F)(7) (a.i).
b. All trees within parking area shall be a minimum of 15 -gallon container stock with a caliper size, at the time of planting.
c. Trees shall be located in planters that are bounded on at least three (3) sides by parking area paving.
d. All ends of parking lanes shall have landscaped islands. e. All areas with landscaping shall a minimum interior dimension of six (6) feet. f. Landscaped areas shall be provided with an automatic irrigation system(s). g. Sidewalks providing pedestrian access shall be considered in the design of all landscaped areas, including the need to locate plants so as not to interfere with the ability of pedestrians to have an adequate view of paths and surrounding areas to ensure their safety.
h. Trees and shrubs shall be planted so that at maturity they do not interfere with service lines and traffic sight areas.
i. All plant materials shall include both evergreen and deciduous tree, shrubs and attractive erosion preventing ground cover.
j. At minimum seventy-five percent of the plants selected in non -turf areas shall be well suited to the climate of the region and require minimal water once established in the landscape. Plants that require similar water needs should be grouped together and shall be irrigated separately. Attention shall be given to appearance, height, spread, growth rate, moisture requirements, potential root damage, disease, pest susceptibility, climate adaptability, soil type slope, function, and decreased maintenance.

21. Trash enclosures shall be a minimum of 24 square feet in size. The trash 852

enclosure shall be screened from view on at least thre e (3) sides. Construction and screening shall consist of solid masonry walls, metal gates, and landscaping, per SMC

16.36.130(D)(6). The design and color of the trash enclosure shall be architecturally compatible with the rest of the new building.

22. Signage for the building is subject to a separate Sign Permit from the Building Division and shall comply with Section 16.76.100 and Section 16.76.110 of Title 16 (Development Code).

Community Development Department: Building

23. The proposed site shall make all trash enclosures connected along the accessible route with the building (s) they serve. Access into the trash enclosures must meet accessibility guidelines including, but not limited to, door/gate hardware, operating force, clear landings.

24. Plans submitted for Building Permits shall clearly demonstrate the location of pedestrian gates and demonstrate appropriate maneuvering clearance per California Building Code 11B-404.

Community Development Department: Engineering

25. The business operation and plan submitted for Building Permits shall clearly note the proposed sliding gates will remain open a half hour before and a half hour after posted business hours.

26. The existing driveway approach shall be upgraded to current City standards, per SMC 16.36.030. Install commercial driveway approach with current ADA truncated domes.

27. ODS shall replace/repair all cracked/displaced curb, gutter, and sidewalk along the public frontage of the project site.

28. Plans submitted for Building Permits shall include note to plans, stating “All work performed in the public right of way or within a public utility easement requires a separate City Encroachment Permit.”

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853

29. The permit shall become void unless the required building permit is submitted within 12 months of this permit being issued (SMC 16.120.080(D)).

PASSED, APPROVED, and ADOPTED: October 18, 2022 .

KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
854
EXHIBIT 1
855

09.01 08.01

10.01 CLEAR GLAZED PANELS

OPAQUE FILLED PANELS

10.01 09.01
10' - 6"
2' - 0"
NO. C 13357
REN. 4−30−21
T

O AFE IFOR
LC
SN
L
ECI
STA

ED RCHIET
CT
A
NIA
THOMAS E. BOWE
WMB Project No.

Copyright WMB, Inc.

DATE PURPOSE
PUBLISH HISTORY:

No.

WMB

ARCHITECTS
2000 L Street
Suite 125
Sacramento, CA 95811
T 209.944.9110
F 209.944.5711
www.wmbarchitects.com
5757 Pacific Avenue
Suite 226
Stockton, CA 95207
Planning App. No.
1 07.22.21 PLAN REVIEW
9/8/2021 10:20:05 AM
Cannabis Retail -
Land Use Application
21-050
A4

EXTERIOR ELEVATIONS
2521 West Lane
Stockton, CA 95205
P21-0602
SCALE: 1/8" = 1'-0"1 NORTH ELEVATION
SCALE: 1/8" = 1'-0"2 EAST ELEVATION

KEYNOTES

08.0 1 INFILL ROLL-UP DOORS WITH STORE FRONT

SYSTEM WITH OPAQUE FILLED AND CLEAR

GLAZED PANELS

09.01 PAINT (E) METAL SIDING WITH EMJAY GREEN

10.01 PROPOSED ILLUMINATED SIGN w/ WHITE
LETTERS 2'H x 10'-6"W
EXHIBIT 1
856

APPEAL OFTHE PLANNING COMMISSION'S

DENIALO FACOMMISSIO NUS EPERMIT AND

DESIGN REVIEW TO ESTABLISH A RETAIL

STOREFRONT AND ADMINISTRATIVE USE

PERMIT TO ESTABLISH A NON-STOREFRONT

RETAIL (DELIVERY ONLY) CANNABIS
BUSINESS IN AN EXISTING 4,375 SQUARE

FOOT COMMERCIAL BUILDING AT
2521 WEST LANE
City Council Meeting
Item 16.2
October 18, 2022
857
Project Site Aerial N
858
Background
 2021 Commercial Cannabis Lottery Winner
 Awarded General Pool Retail Storefront Application
 Site Zoning is Commercial General (CG)
 Requires Commission Use Permit for Retail Storefront
 Administrative Use Permit for Retail Non‐Storefront
(Delivery Only)
 Existing Building is 4,375 Sq.Ft (presently vacant)
 1,147 Sq.Ft. to be used for Retail Storefront
 3,228 Sq.Ft. to be used for Retail Non‐Storefront Delivery, storage, bathroom.
 Hours of Operation:
 7 days/week, 8am‐8pm, Retail Storefront
 Monday – Friday, 8am‐7pm, Delivery
859
Application
 Applicant: Caroline Johnson
 Request:
 Occupy a vacant 4,375-square foot
commercial building at 2521 West Lane
 Establish a Retail storefront cannabis
business
 Establish a retail non-storefront (delivery only)
cannabis business
860
Site Plan
861
Staff Analysis
 Project adheres to Development Code
 Meets Parking & Landscaping standards
 Meets location requirements
 Meets all required Use Permit findings
 Safety & security plan required by conditions
and with Police Department oversight under
Title 5 (i.e. Operator’s Permit)
 Not requesting a Waiver or other
concessions
862
Appeal of Planning Commission Decision
 April 14, 2022 Planning Commission Hearing
 No members of public attended
 One written email from Aspire Public Schools
 Hearing held but continued for applicant to reach
out to school.
 April 28, 2022 Continued Planning Commission
Hearing
 No members of public attended.
 One written objection from Aspire Public Schools
 Commission vote result of 3-3, project denied due
to lack of majority.
863
Appeal of Planning Commission Decision
 May 10, 2022, Appeal filed by Applicant
requesting reconsideration of the
Planning Commission’s denial, on the
basis that:
 Project meets the Stockton Municipal
Code requirements
 School did not make itself available to
discuss project
 Planning Commission’s split vote (3-3)
864
Staff Recommendation
Adopt a Resolution to:

Reverse the Planning Commission's denial of
the
Commission Use Permit.

Reverse the Planning Commission's denial of
the Administrative Use Permit.

Reverse the Planning Commission's denial of
the Design Review.
865