City Council and Concurrent Authorities
February 17, 2026

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Exhibit B:

Insurance Requirements
(Chemical Struvite Control)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees, or subcontractors. With respect to General Liability, Errors & Omissions, Contractors Pollution Liability, and/or Asbestos Pollution Liability, coverage should be maintained for a minimum of five (5) years after contract completion.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering any auto (Code 1), or if Contractor has no owned autos, hired (Code 8) and non-owned (Code 9) autos, with limit no less than $2,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, Contract for Purchase of Struvite Inhibitor and Remover Chemicals

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and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

Other Insurance Provisions
A. The General Liability, Automobile Liability, Contractors Pollution Liability, and/or Asbestos Pollution policies are to contain, or be endorsed to contain, the following provisions:

1. The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

3. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.

B. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Contractor pursuant Contract for Purchase of Struvite Inhibitor and Remover Chemicals

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to the contract. This coverage may also be provided on the Contractors Pollution Liability policy.

C. If General Liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims-made form:

1. The retroactive date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.

5. If the services involve lead-based paint or asbestos identification / remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification / remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.

Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A:VII if admitted in the State of California.

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Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of subrogation which any insurer may acquire against City of Stockton, its officers, officials, employees, and volunteers, from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents, and subcontractors.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.

Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:

City of Stockton
Its Officers, Officials, Employees and Volunteers
425 N El Dorado Street
Stockton, CA 95202
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EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.

2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.

3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.

3.1 Invoices submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice.

3.2 Upon completion of work and acceptance by City, Contractor shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Contractor fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.

4. Sufficiency of Contractor’s Work. All Contractor services, work, and deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degree of skill normally exercised by similar contractors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor’s work shall be adequate and sufficient to meet the purposes of this Agreement.

5. Ownership of Work. All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Contractor Contract for Purchase of Struvite Inhibitor and Remover Chemicals

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and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.

6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of Contractor to comply with the time limits described in Exhibit A and Exhibit F may result in economic or other losses to the City.

7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.

8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.

9. Contractor’s Status.

9.1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City.

Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.

9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.

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9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.

9.4 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.

10. Subcontractor.

10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.

10.2 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Contractor.

10.3 It is further understood and agreed that all Subcontractors must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Subcontractors personnel.

11. Termination.

11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received.

11.2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party’s option, may terminate this Agreement by giving written notification to the other party.

11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be Contract for Purchase of Struvite Inhibitor and Remover Chemicals

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confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.

12. Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing.

Contractor shall be solely responsible for reimbursing subcontractors.

13. Indemnity and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in this agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.

14. Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.

15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.

16. Conformance to Applicable Laws. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.

17. Licenses, Certifications and Permits. Prior to the City’s execution of this Agreement and prior to the Contractor’s engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.

18. Records and Audits. Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that Contract for Purchase of Struvite Inhibitor and Remover Chemicals

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final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.

19. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

20. Conflicts of Interest. Contractor covenants that other than this Agreement, Contractor has no financial interest with any official, employee or other representative of the City. Contractor and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner of degree by the performance of Contractor’s services under this Agreement. If such an interest arises, Contractor shall immediately notify the City.

21. Waiver. In the event either City or Contractor at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, or partial acceptance by City shall operate as a waiver on the part of City of any of its rights under this Agreement.

22. Governing Law. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.

23. No Personal Liability. No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount due Contractor.

24. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.

25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political Contract for Purchase of Struvite Inhibitor and Remover Chemicals

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affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d). http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.

26. Force Majeure. Neither party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re-commence performance as promptly as commercially practicable.

27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.

28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.

29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.

30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

31. Entire Agreement, Integration, and Modification.

31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.

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31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.

32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.

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EXHIBIT D

GOODS AND SERVICES TERMS AND CONDITIONS

1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:

1.1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.

1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.

2. General. The following terms and conditions are applicable for the purchase of goods and services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.

2.1 Where any portion of the GTC is in conflict to or at variance with any provisions of the Special Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.

2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC.

3. Time for Performance.

3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.

3.1 Timeliness of Performance i) Contractor shall provide the Services, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.

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4. Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:

4.1 Contractor’s Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards. By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state, and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration, or other similar requirement throughout the term of this Agreement.

4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a timely manner consistent with the requirements of this Agreement.

4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance, or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.

5. Compensation

5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:

5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided Contract for Purchase of Struvite Inhibitor and Remover Chemicals

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that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.

6. Reports and Information
Contractor shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.

7. Findings Confidential
All the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.

8. Right of Inspection
All Deliverables furnished by Contractor must be as specified in Exhibit A and will be subject to inspection and approval of City after delivery. City reserves the right to reject and return, at the risk and expense of Contractor, the portion of any Deliverable which may be defective or fail to comply with specifications in Exhibit A without invalidating the remainder of the Deliverables. If rejected, Deliverable will be held for disposition at the expense and risk of Contractor. Payment for Deliverable prior to inspection shall not constitute acceptance of the Deliverable.

9. Warranty
Contractor warrants that (i) any Deliverable created or performed by Contractor for City under this Agreement will conform to specifications, drawings or samples furnished by City to Contractor for a minimum period of one year, and (ii) any standard Deliverable sold by Contractor to other customers besides City will meet or exceed any of the standards for such types of product in industry, any express or implied warranty stated or advertised by Contractor or the actual manufacturer of such Deliverable, or any warranties implied by law. Contractor’s warranty shall survive delivery of Deliverable and Contract for Purchase of Struvite Inhibitor and Remover Chemicals

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shall not be deemed waived by City’s failure to discover defects, acceptance of the Deliverable, or payment, therefore.

10. Ownership
Contractor shall have title to and bear the risk of any loss or damage to the Deliverable until the Deliverable is delivered and accepted by City in conformity with this Agreement. Upon delivery and acceptance, Deliverable delivered by Contractor shall become the exclusive property of City. The ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, or otherwise use the Deliverable. All artwork, patterns, dies, models, samples, materials, drawings, specifications, technical material, advertising material and any other personal property furnished by City to Contractor, or specifically paid for by City for use in performance of the Agreement, shall be and remain the property of City and said property shall be used only for Deliverables benefiting City. Contractor shall return to City or shall dispose of this property only according to City’s instruction.

11. Applicable Laws
Under guidelines specified in 29 CFR 1910.1200 (f) and (g) City requests that Contractor label applicable Deliverables accordingly and provide associated Safety Data Sheets (“SDS”) to City.

Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.

12. Prevailing Wage
It shall be the responsibility of the Contractor to comply, when applicable, with the prevailing wage rates in accordance with the State of California Department of Industrial Relations. It shall further be the responsibility of the Contractor to monitor the prevailing wage rates as established by the California Department of Industrial Relations for any increase in rates during the term of this Agreement and adjust wage rates accordingly.

CONTRACTOR REGISTRATION REQUIREMENTS- Pursuant to Labor Code Section 1771.1(a): A Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of this section for an unregistered Contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the Contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

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No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. Department of Industrial Relations- Contractor Registration information and web link: https://www.dir.ca.gov/public-works/publicworks.html. In compliance with Senate Bill 854 and the California Labor Code, all Bidders shall include with their Bid proof of registration from the Department of Industrial Relations (DIR) that includes the contractor’s Legal Name, Registration Number, License Type/Number, Registration Date and Expiration Date, for every contractor and subcontractor, regardless of tier.

This project may be subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards Enforcement Compliance Monitoring Unit, as well as the City of Stockton.

13. Shipping Terms
City shipment terms are F.O.B. Destination, Freight Prepaid and Added unless otherwise specified in the Agreement. Contractor shall observe shipping instructions and, unless otherwise stated in the instructions, shall ship Deliverables in the safest and most economical manner necessary to meet the delivery date specified in the Agreement.

Contractor shall provide an itemized packing list showing the Agreement number with the shipment. Contractor shall include the Agreement number on all packages, boxes, invoices, and shipping documents. Contractor shall label all individual boxes with stock number and quantity and items with different stock numbers shall be boxed separately.

City reserves the right to refuse, at Contractor’s expense, any shipments not containing the Agreement number or stock numbers as required under this section.

14. Deliveries
TIME IS OF THE ESSENCE IN THE PERFORMANCE OF ANY ORDER. If Deliverable is not provided or performed within the times specified in the Agreement, City may cancel the Agreement and hold Contractor liable for damages incurred due to the untimely delivery including, but not limited to, the additional costs resultant from City procuring substitute Deliverables elsewhere.

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15. Price and Quantities
Prices and quantities set forth in this Agreement may not be altered by Contractor without the prior written authorization of City, with the exception that quantities of custom paper or printed Deliverables, chemicals, or fuel may deviate from those in the Agreement by the lesser of standard industry practices.

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EXHIBIT E

COMPENSATION SCHEDULE
The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:

1. Project Price

1.1 The maximum the Contractor shall be paid on this Agreement is $816,500.00 (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.

1.2 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached. Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.

1.3 Annual cost adjustments may be made, as necessary, to increase or decrease the unit cost. The annual increase shall not exceed three percent (3%) for each succeeding year. Any increase requested must be submitted at least sixty (60) days before requested implementation date. In the event that the supplier finds it necessary to increase the base price in any given year, the supplier shall provide evidence satisfactory to the City documenting the reason(s) for and actual cost of the cost increase. Annual cost decreases are allowed with written notice to the City.

2. Item Price. Below is the price for the products as described in Exhibit A of this Agreement.

Item Description Item Price
1 Struvite Remover STSR $9.00/gallon

3. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted to the address below:

City of Stockton Municipal Utilities Department
Attention: Program Manager III - Wastewater
2500 Navy Drive
Stockton, CA 95206
Email: [email protected]
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EXHIBIT F

TIMELINE

1. Contractor shall complete the requested services identified in Exhibit A as follows:

Contractor shall confirm all orders received by email or phone within twenty-four (24) hours of the request.

Orders are to be delivered on the date requested for delivery or on the soonest available date if the date requested is unavailable. If no date is requested, the order will be delivered within seven (7) days.

Orders delivered through a subcontracted delivery service may not be canceled or rescheduled without prior notification to the City and may not be rescheduled more than once per order.

Contractor shall notify the City in advance of holiday closures that may affect order delivery.

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EXHIBIT G – DISCRIMINATION AND HARASSMENT POLICY (HR-15) Contract for Purchase of Struvite Inhibitor and Remover Chemicals

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STRUVITE CONTROL – NON-HAZARDOUS MINERAL INHIBITOR AND/OR REMOVAL ADDITIVES PUR 26-012
November 13, 2025; 2:00 PM (PST)
15 BID DOCUMENTS
COMPANY NAME: _________________________________
CONTACT NAME: _________________________________
ADDRESS: _______________________________________
_____________________________________________
TELEPHONE NUMBER: ____________________________
EMAIL: __________________________________________
Jayne Products
Evan Andersen
17904 Star of India Lane
Carson, CA., 90746
310-715-3070
[email protected]

EXHIBIT H - BID DOCUMENTS
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STRUVITE CONTROL – NON-HAZARDOUS MINERAL INHIBITOR AND/OR REMOVAL ADDITIVES PUR 26-012
November 13, 2025; 2:00 PM (PST)
16 COST TABLE FOR PRODUCTS AND SERVICES
The bidder hereby agrees to furnish the materials listed below in accordance with the specifications and the foregoing Special Instructions for the amount quoted. Quantities stated herein are approximate -- increases or decreases shall depend on City of Stockton requirements and are subject to City fiscal year appropriations.

Struvite Inhibitor Struvite Remover
Brand Name Quoted:

Price per gallon: $ $
Dosage:

Available Tote Size(s):

Annual Cost: $ $
Tax: $ $
Total Annual Cost $ $
All prices quoted FOB Destination

PRICE ADJUSTMENTS
Annual increase not to exceed 3% for each succeeding year. In the event that the supplier increases base price in succeeding years, supplier shall produce evidence that they have experienced a cost increase and by what amount costs have increased.

Company Name (Please Print) Signed By

Date Name Printed

Phone Number Address

NOTE: Bidders are to mark their sealed bids to clearly indicate the content as:

STRUVITE CONTROL – NON-HAZARDOUS MINERAL INHIBITOR

AND/OR REMOVAL ADDITIVES
PUR 26-012
Thursday, November 13, 2025

IF YOU DO NOT WISH TO BID, PLEASE RETURN YOUR BID IMMEDIATELY STATING REASON.

Struvite Remover STSR Struvite Remover STSR
9 30-90ppm on average 3-4 lbs STSR per lb struvite on avg. 275 or 330 275 or 330
Jayne Products
11-11-2025 Evan Andersen
310-715-3070 17904 Star of India Lane, Carson, CA., 90746 9 29,700 to 106,920 29,700 to 106,920
Stockton @ 9% 2,673 to 9,622.8 2,673 to 9,622.8
The range provided based on answer provided of (1-3 totes per month), minimum (1) 275 gallon per month to (3) 330 gallon totes per month for (12) months and 9% interest rate 32,373 to 116,542.8 32,373 to 116,542.8
tax
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17 BIDDER’S AGREEMENT
In submitting this bid, as herein described, the bidder agrees that:

1. They have carefully examined the specifications and all other provisions of this form and understand the meaning, intent, and requirements of same.

2. They have reviewed and understand all clarifications/questions/answers on the City’s website at www.stocktonca.gov/mudbid

3. They will enter into written contract and furnish the item(s)/service(s) in the time specified in strict conformity with the specifications and conditions contained therein for the price quoted by the bidder on this bid.

4. The proposed price is inclusive of all freight and handling charges and includes delivery to the City of Stockton, Municipal Service Center, or if specified, to the alternate point of delivery shown in the specifications.

5. They have signed and notarized the attached Non-Collusion Affidavit form whether individual, corporate or partnership. Must be “A Jurat” notarization.

FIRM ADDRESS

SIGNED BY TITLE OR AGENCY

E-MAIL ADDRESS
NOTE: Bids are invalid which are unsigned, or not accompanied by $0.00 bid deposit or a bidder’s bond. If erasures or interlineations appear on your bid form, they must be initialed by the person preparing the bid. Bids shall be emailed or delivered on a USB drive to:
[email protected]
or
City Hall, City Clerk's Office (1st floor),
425 North El Dorado Street,
Stockton, CA 95202
On or before 2:00 p.m. (PST) THURSDAY, NOVEMBER 13, 2025, and publicly opened immediately thereafter in the City Council Chambers.

Jayne Products 17904 Star of India Lane
President
[email protected]
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19 No. 3 AFFIDAVIT FOR FIRM, ASSOCIATION, OR CO-PARTNERSHIP STATE OF CALIFORNIA, )ss.

County of )
(insert)
,
each being first duly sworn, depose and say: That they are a member of the firm, association or co-partnership, designated as who is the party making the foregoing bid; that the other partner, or partners,
are that such bid is genuine and not sham or
collusive, or made in the interest or behalf of any person not named herein; that said Bidder has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation shall or should refrain from proposing; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Bidder.

(Signature)

(Signature)
Subscribed and sworn to (or affirmed) before me on this day of , 20 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Seal
Signature
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(Version 9.22.21) 1

INVITATION FOR SEALED BID (IFB)
STRUVITE CONTROL – NON-HAZARDOUS MINERAL INHIBITOR AND/OR REMOVAL

ADDITIVES

FOR THE CITY OF STOCKTON, CALIFORNIA
PUR 26-012
ADDENDUM No. 1 DATE: November 05, 2025
To All Potential Bidders:

A. This Addendum shall be considered part of the bid documents for the above-mentioned project as though it had been issued at the same time and shall be incorporated integrally therewith.

Where provisions of the following supplementary data differ from those of the original bid documents, this Amendment shall govern and take precedence. BIDDERS MUST SIGN THE ADDENDUM AND SUBMIT IT WITH THEIR BIDS.

B. Bidders are hereby notified that they shall make any necessary adjustments in their estimates as a result of this Addendum. It will be construed that each bidder’s bid is submitted with full knowledge of all modifications and supplemental data specified herein.

ADDENDUM NUMBER:

1. QUESTIONS AND ANSWERS. THE CITY’S RESPONSES TO QUESTIONS

SUBMITTED ARE IN BLUE
Questions & Answers

1. What are the goals of the plant: to remove and then prevent thereafter? Combination of prevention with removal as needed? If any different please specify.

As outlined in the specifications, the inhibitor is to prevent or retard the production of struvite. The remover is to remove struvite in the pipes until the inhibitor is effective.

2. Will there be any lab testing for the level of effectiveness for removal and prevention? If so, with what testing or procedure(s)?
No, there is no lab testing anticipated.

3. What are the different types of equipment and associated material to be cleared of struvite, as well as the types of applications for removal with steel, aluminum, PVC, and any other materials present?
The equipment and materials were listed in the specifications.

4. Why are temperatures of 110 and 212 degrees noted? Please outline the application and details or requirements regarding these temperatures.

As outlined in the specifications, the chemicals shall not emit offensive odors or noxious fumes up to 110° (inhibitor) or 212° (remover).

5. Where else would the product be delivered to? What type of site, and will forklift be available at each? Please share addresses, with what each type of site is and if Contract for Purchase of Struvite Inhibitor and Remover Chemicals

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forklift is available at each address.

The product would be delivered at the Wastewater treatment facility at 2500 Navy Drive in Stockton. A forklift is available.

6. What will the order or orders consist of? What is the minimum and maximum totes per order? What will be the annual requirement?
The annual quantity anticipated is 1-3 totes per month of the inhibitor and 1-3 totes of the remover as needed. The quantities are estimates only and there is no guarantee of quantities to be ordered.

BIDDER MUST ACKNOWLEDGE THIS ADDENDUM BY SIGNING BELOW AND ATTACHING THE SIGNED ADDENDUM TO THE BID FORM:

Company Name
Contact Person
Signature
Date
Bids Due – Promptly by 2:00 P.M. (PST), Thursday, November 13, 2025 at [email protected] or on a USB drive to the Office of the City Clerk, City Hall, 425 North El Dorado Street, Stockton, California 95202
----------------------------------City of Stockton Use Only below this line--------------------------------- Addendum acknowledged and signed? (Procurement Specialist’s initials) Jayne Products
Evan Andersen
11/11/2025
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City of Stockton
Legislation Text
File #: 25-1415, Version: 1
ZONING MAP AMENDMENT TO REZONE 2.69± ACRES FROM COMMERCIAL, NEIGHBORHOOD (CN) TO COMMERCIAL, GENERAL (CG) AT 9450 WEST LANE AND 1530 EAST MORADA LANE (APPLICATION NO. P25-0025)

RECOMMENDATION
It is recommended that the City Council adopt an Ordinance approving a Zoning Map Amendment to rezone 2.69± acres (APNs 090-550-64 and -65) from Commercial, Neighborhood (CN) to Commercial, General (CG).

Summary
The applicant, Grove Development Company, is proposing to develop 2.69± acres of vacant commercial land with two (2) restaurant buildings with drive-through facilities and outdoor dining, one speculative commercial building, and associated improvements, herein referred to as the “Project”.

The Project site is located at 9540 West Lane and 1530 East Morada Lane and is adjacent to an existing fueling station with convenience store and carwash located at 9484 West Lane, along the southeast corner of West Lane and Morada Lane.

To develop the Project, the applicant is requesting a Zoning Map Amendment to rezone the project parcels, APNs 090-550-64 and -65 (2.69± acres) from Commercial, Neighborhood (CN) to Commercial, General (CG) as drive-through facilities are not permitted uses in the CN zoning district but are allowed in CG with a Land Development Permit. A General Plan amendment is not required as the proposed zoning is consistent with the current General Plan land use designation of Commercial.

The Project required approval of a Tentative Parcel Map (TPM) to create three (3) parcels from the existing two (2) parcels, a Land Development Permit for drive-through facilities and outdoor dining and seating, and Design Review for the overall proposed development. Therefore, on December 11, 2025, the Planning Commission reviewed and approved the Tentative Parcel Map, Land Development Permit, and Design review components of the project, and recommended City Council approval of the Zoning Map Amendment by a unanimous vote (6-0 with Commissioner Graves absent). The Planning Commission’s approvals are contingent on the City Council’s approval of the Zoning Map Amendment.

With approval and as conditioned, the Project is consistent with the 2040 General Plan Land Use Map designation of Commercial. The Project would further General Plan policies aimed at attracting employment and tax-generating businesses in the City (Policy LU-4.2), prioritizing development and redevelopment of vacant, underutilized, blighted infill areas (Policy LU-6.2), and ensure that land use decisions balance travel origins and destinations in a close proximity as possible, and reduce vehicle miles traveled (Policy LU-6.4). It is also consistent with all applicable Development Code (Title 16) City of Stockton Page 1 of 4 Printed on 2/12/2026
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standards related to the proposed uses and site development.

Staff recommends the City Council approve the proposed Zoning Map Amendment for the project site.

DISCUSSION
Background
As shown in Attachment A - Vicinity Map, the Project site is located at the southeast corner of West Lane and East Morada Lane, partially developed with an existing fueling station with a convenience store and car wash facilities. The existing fueling station and associated uses was constructed in the early 1990’s and is not being altered with this Project.

The Project area is surrounded by:
· Vacant land to the west, (across West Lane) with approved entitlements for a new low density residential subdivision “Agave Subdivision” and McNair High School; · Vacant land in unincorporated San Joaquin County to the north, (across Morada Lane) with a General Plan land use designation of Low Density Residential; and · Low-density residential neighborhoods to the east and south.

The project site is designated as Commercial by the 2040 General Plan Land Use Map (Attachment B - General Plan Land Use Map) and is currently zoned Commercial, Neighborhood (CN) (Attachment C - Zoning Map).

Project Description
Zoning Map Amendment (Rezone)
As shown in Exhibit 1 of the Zoning Map Amendment Ordinance, the Project proposes to change the zoning designation of the Project site from CN to CG in order to facilitate the drive-through restaurants, since those are not permitted in the current CN zoning district pursuant to Table 2-2 (Allowable Land Uses and Permit Requirements) in SMC 16.20.020. Drive-through facilities are permitted in the CG zoning district with a Land Development Permit. The CG zoning district is intended to provide areas for a wide variety of general commercial uses, including retail, personal and business services; commercial recreational uses; and a mix of office, commercial, and/or residential uses. In contrast, the CN zoning district is intended for small-scale, limited retail and service areas that are designed to service adjacent residential communities.

The applicant asked the property owners of the existing fueling station if they wanted to be included in the rezone so that all parcels would have the same zoning designations; however, although supportive of the rezone, the gas station representatives opted out of the rezone due to potential significant processing delays with the corporate ownership of the property. Therefore, the gas station will remain zoned CN (Commercial, Neighborhood).

The proposed Zoning Map Amendment is consistent with the Commercial land use designation in the General Plan Land Use Map as both CN and CG are compatible zoning districts per SMC 16.16.020, City of Stockton Page 2 of 4 Printed on 2/12/2026
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Table 2-1: Zoning Districts and Equivalent General Plan Designations. As reflected in the Proposed Ordinance, all necessary findings can be made to support the proposed Zoning Map Amendment action.

Tentative Parcel Map
As previously mentioned, the Planning Commission approved a Tentative Parcel Map for the proposed project, contingent on City Council approving the Zoning Map Amendment. The Project site consists of two parcels: APN 090-550-64 (0.77± acres) and APN 090-550-65 (1.92± acres), as shown in Attachment A. The adjacent commercial site, APN 090-550-63 (1.09± acres), is currently developed with a fueling station and carwash and is not part of this project.

As shown in Attachment D - Tentative Parcel Map of the proposed Development Project Resolution, the proposed Tentative Parcel Map divides up the 2.69± acre Project site into three (3) parcels.

In accordance with SMC Section 16.24.070, Table 2-4: Development Standards - Commercial Districts, there are no minimum parcel sizes in the CG zoning district, and the proposed parcel sizes allow for an orderly development of the site; therefore, as reflected in the Proposed Ordinance, all necessary findings can be made to support the recommended Zoning Map Amendment action.

Development Permits
The Planning Commission approved a Land Development Permit and Design review for the proposed project, contingent on Council’s approval of the zoning map amendment. As shown in Attachment E - Development Plan of the proposed Development Project, the Project includes the development of two (2) drive-through restaurants on Parcel A (“Starbucks”) and Parcel B (“McDonald’s”) and one speculative commercial building on Parcel C. The project includes shared improvements such as parking lots, which are designed to allow for free movement between lots.

Land Development Permit
Pursuant to Table 2-2 (Allowable Land Uses) in SMC 16.20.020 and 16.80.250 (Outdoor dining and seating areas), respectively, drive through facilities in the CG zoning district and outdoor dining and seating areas, require a Land Development Permit.

Starbucks (Parcel A) and McDonald’s (Parcel B) will both be built with drive-through facilities. SMC Section 16.80.150 prescribes standards for drive-through facilities in order to address potential traffic, congestion, excessive pavement, litter, noise, and unsightliness issues. The proposed Project is in conformance with these standards as the proposed drive-through facilities have a minimum 12-footwide lane width, are separated by curbing and landscaping, are adequately screened from public right of way with landscaping and shrubbery, and the applicant team shall install an 8-ft tall masonry wall adjacent to residential uses.

Design Review
SMC Section 16.120.020(A)(2) requires Design Review approval for all new commercial buildings.

The merits of Design Review requests are weighed against their ability to conform to the Citywide Design Guidelines. On February 26, 2025, the Project’s design package was reviewed for City of Stockton Page 3 of 4 Printed on 2/12/2026
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consistency and conformity with the Design Guidelines by the Architectural Review Committee (ARC). The ARC recommended minor design considerations and ultimately recommended approval.

Environmental Clearance
The Project is Categorically Exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15332, Infill Development Projects, because the project is consistent with its current General Plan land use designation of Commercial and with approval of the Zoning Map Amendment (Rezone), will be consistent with applicable zoning designation and regulations. The proposed development occurs within city limits on a Project site of no more than five acres substantially surrounded by urban uses. The Project site has no value as habitat for endangered, rare, or threatened species. Approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality, and the site can be adequately served by all required utilities and public services.

PLANNING COMMISSION
On December 11, 2025, the Planning Commission reviewed the proposed Zoning Map Amendment, as well as the Tentative Parcel Map, Land Development Permit, and Design review requests for the proposed commercial development. After hearing staff’s presentation, the project applicant, and no testimony from the general public, the Planning Commission unanimously voted 6-0, with Commission Graves absent, in favor of the project approving the development permits, subject to Council approval of the Zoning Map amendment (Attachment F - Planning Commission Resolutions).

PUBLIC COMMENTS
Notice for the City Council public hearing was published in the Stockton Record and mailed to all property owners within a 300-foot radius of the project site on January 28, 2026. At the time of the writing of this report, there were no public comments.

FINANCIAL SUMMARY
Approval of the Project would allow the proposed commercial development to occur; therefore, providing the City’s General Fund with additional revenue collected through Sales Tax earned by the restaurants and any future tenants, and additional property taxes by all parcels.

Attachment A - Vicinity Map
Attachment B - General Plan Map
Attachment C - Zoning Map
Attachment D - Tentative Parcel Map
Attachment E - Development Plans
Attachment F - Planning Commission Resolutions
City of Stockton Page 4 of 4 Printed on 2/12/2026
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City of Stockton, CA October 27, 2025
Property Information
Property ID 09055065-96658
Location 9450 WEST LN
Owner MB DEVELOPERS LLC

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 05/03/2023
Data updated 05/01/2023
Print map scale is approximate.

Critical layout or measurement
activities should not be done using
this resource.
1" = 209.6435904434181 ft
Existing Parcels
A 090-550-64 0.77±
B 090-550-65 1.92±
C 090-550-63 1.09± (N/A) A

B WEST LANE
E. MORADA LANE c

VICINITY MAP
Project site RONALD E.

MCNAIR WAY

ATTACHMENT A
263
City of Stockton, CA October 28, 2025
Property Information
Property ID 09055065-96658
Location 9450 WEST LN
Owner MB DEVELOPERS LLC

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 05/03/2023
Data updated 05/01/2023
Print map scale is approximate.

Critical layout or measurement
activities should not be done using
this resource.
1" = 150 ft
GENERAL PLAN MAP Map Legend
Low
density,
residential
Low
density,
residential Institutional
Medium
density,
residential Commercial

ATTACHMENT B
264
City of Stockton, CA October 28, 2025
Property Information
Property ID 09055065-96658
Location 9450 WEST LN
Owner MB DEVELOPERS LLC

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 05/03/2023
Data updated 05/01/2023
Print map scale is approximate.

Critical layout or measurement
activities should not be done using
this resource.
1" = 150 ft
ZONING MAP Map Legend RL CN RM RL PF

ATTACHMENT C
265
------
---
LEGEND
�
LEGEND

PARCEL MAP /TRACT PROPERTY BOUNDARY

STREET ROW

CENTERUNE
PROPOSm/EXISTING EASEMENTS
PROPOSm LOT LINE
EXISTING REL/NQUISHm OF ACCESS RIGHTS

RIGHT-OF-WAY PREVIOUSLY DEDICATED

EXISTING CONTOURS

DIRECTION OF SURFACE FLOW
mnTHThThYhh¥hfiiff¥ffffhO,n,,nn,n

EX RESIRIClED ACCESS ESMT PER TlllE
14 OF (19-PM-152),...]U REMAIN,
UNLESS NOTED OTHtK11ISE

EX VARWJLE-WIDTH PRIVA1£ IJTllilY EASEMENT
PER PM RECORDED IN BOOK 19 OF PARCEL MAPS,
AT PAGE 152, SAN JIJAQUIN COUNlY RECORDS, IN
FAVOR OF PARCELS 1, 2 & 3

EX NON-EXCLUSIVE INGRESS AND EGRESS

EASEMENT FOR PUBLIC ACCESS IN FAVOR OF
CITY PER PM RECORDED IN BOOK 19 OF
PARCEL MAPS, AT PAGE 152, SAN JUAQUIN
COUNlY RECORDS,
EX 10' WIDE SEWER EASEMENT PER PM
RECORDED IN BOOK 19 OF PARCEL MAPS,
AT PAGE 152, SAN JUAQU\N COUNlY
RECORDS, NOT SPECIFlC IN FAVOR OF, TO
REMAIN

PROPOSED ABANDONMENTS

EX INGRESS / EGRESS AND PRIVA1£ IJTllilY
EASEMENT TO BE ABANDONED/QUITClAIM

1. EXISTNG NON-EXCLUSIVE INGRESS AND EGRESS EASEMENT FOR PUBLIC ACCESS IN FAVOR OF CITY PER PM RECORDED IN BOOK 19 OF PARCEL MAPS, AT PAGE 152, DA1£D AUGUST 29, 1994, SAN JUAQUIN COUNlY RECORDS. PROPOSED FOR ABANDONMENT IN LIEN OF NEW PROJECT CROSS-ACCESS/CC&:R TO BE RECORDED ALONG WITH PARCEL 3.

2. EXISTING VARIABLE-WIDTH PRIVA1£ UTILilY EASEMENT PER PM RECORDED IN BOOK 19 OF PARCEL MAPS, AT PAGE 152, DATED AUGUST 29, 1994, SAN JUAQUIN COUNlY RECORDS, IN FAVOR OF PARCELS 1, 2 & 3. PROPOSED FOR ABANDONMENT IN LIEN OF NEW PROJECT CROSS-ACCESS/CC&:R TO BE RECORDED ALONG WITH PARCEL 3.
;;;:
;,;

PROJECT
E. MORADA LANE
l\lSCANY CIR
l\lSCANY CIR
VII.MORA ORNE

WESTMORA AVENUE

VICINITY MAP
(NOT TO SCALE)

SPECIAL NOTE
SEE SHffi TM-2 IJTllilY EXHIBIT PLAN, FOR ALL CALLOUTS
PERTrlJNING TO EXISTNG AND PROPOSED UTILITY IMPROVEMENTS.

SCALE: 1" = 30'
30 --'
- --0 30'
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- - - ----=----=---- - �.£,....-...:_----=--=-� - -
/ -�4.� -----,

MORADA LANE

EX BLDG

EX BLDG

EX BLDG

EX BLDG

EX BLDG
------
TENTATIVE PARCEL MAP 2025-XX

FOR SUBDIVISION PURPOSES

IN THE CITY OF STOCKTON, COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA

EXISTING ZONING CN (COMMERCIAL NEIGHBORHOOD)

PLANNED LAND USE COMMERCIAL NEIGHBORHOOD

PROPOSED ZONING COMMERCIAL NEIGHBORHOOD

SOURCE OF WATER CITY OF STOCKTON

SOURCE OF SEWER DISPOSAL CITY OF STOCKTON

STORM DRAINAGE CITY OF STOCKTON
GROSS ACREAGE 2.69 AC
PRIOR
NET ACREAGE 2.69 AC
PLANNING ENTITLEMENT APN: 090-55-064 &: 090-55-065

LEGAL DESCRIPTION
REAL PROPERlY IN THE CITY OF STOCKTON, COUNlY OF SAN JOAQUIN, STA1£ OF CALFORNIA, DESCRIBED AS FOLLOWS:

PARCEL 1: (APN: D90-550-640-000)
A PORTION bF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 2 NORIB, RANGE 6 EAST, MOUNT DIABLO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1, AS SHOWN ON THAT CERTrlJN PARCEL MAP FlLED FOR RECORD IN BOOK 19 OF PARCEL MAPS, PAGE 152, SAN JOAQUIN COUNlY RECORDS. EXCEPT THEREFROM ALL OIL, MINERALS, PETROLEUM AND KINDRED SUBSTANCES AS RESERVED IN DEED RECORDED MAY 20, 1944 IN BOOK 877 OF OFFlCIAL RECORDS, PAGE 243, SAN JOAQUIN COUNlY RECORDS.

PARCEL 2: (APN: D90-550-650-000)
A PORTION bF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 2 NORIB, RANGE 6 EAST, MOUNT DIABLO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 2, AS SHOWN ON THAT CERTrlJN PARCEL MAP FlLED FOR RECORD IN BOOK 19 OF PARCEL MAPS, PAGE 152, SAN JOAQUIN COUNlY RECORDS. TOGETHER WITH THAT PORTION OF THE PUBLIC ROAD AS VACA1£D BY RESOLllTION OF THE BOARD OF SUPER\IISORS, COUNlY OF SAN JOAQUIN, STA1£ OF CALFORNIA, DA1£D DECEMBER 09, 1992, ADJOINING SAID PROPERTY ON THE PORTION OF ZINFANDEL STREET AND AN ADJACENT FlVE-FOOT PUBLIC IJTllilY EASEMENT, A CERTIFlED COPY OF SAID RESOLIJTlON RECORDED DECEMBER 24, 1992 AS INSTRUMENT NO. 92149312 OF OFFlCIAL RECORDS, DESCRIBED AS: BEING A PORTION OF SECTION 11, TOWNSHIP 2, NORTH RANGE 6 EAST, MOUNT DWJLO BASE AND MERIDIAN, CITY OF STOCKTON, SAN JOAQUIN COUNlY, CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL B AS SHOWN ON THAT CERTAIN PARCEL MAPFILED FOR RECORD IN BOOK 10, PAGE 101, SAN JOAQUIN COUNlY RECORDS; THENCE, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF ZINFANDEL STRffi AS DEDICA1£D ON SAID MAP, N 00'-18'-17' W, 99.46 FEET TO A POINT; THENCE, S 84'-52'-28' E, 67.80 Fm TO A POINT ON THE EAS1£RLY RIGHT--OF-WAY LINE OF SAID ZINFANDEL STREET; THENCE, ALONG THE SAID EASTERLY RIGHT-OFWAY LINE THE FOLLOWING TWO COURSES: (1) ON A 256.12 FOOT RADIUS NON-TANGENT CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 21'-18'-03', AN ARC, LENGTH OF 95.22 FEET, AND A LONG CHORD WHICH BEARS S 10'-20'-44" W, 94.67 FEET, (2) S 00'-18'-17' E, 0.39 Fm TO A POINT ON THE SOUTHERLY PROPERTY LINE OF SAID PARCEL B; THENCE, ALONG SAID SOUTHERLY LINE, N 89'- 51'-40' W, 50.00 Fm TO THE POINT OF BEGINNING. EXCEPT THEREFROM ALL OIL, MINERALS, PETROLEUM AND KINDRED SUBSTANCES AS RESERVED IN DEED RECORDED MAY 20, 1944 IN BOOK 877 OF OFFlCIAL RECORDS, PAGE 243, SAN JOAQUIN COUNlY RECORDS.

APPLICANT /SUBDMDER

MB DEVELOPERS, LLC
7502 N. COLONIAL AVE. SUITE #103
FRESNO, CA 93711

MAPPING NOTES

RECORD OWNER

MB DEVELOPEIRS, LLC
7502 N. COLONIAL AVE. SUITE #103
FRESNO, CA 93711

ENGINEER

HAL LORE, PE
LORE ENGINEERING, INC.
1508 TOLl.liOUSE ROAD, SUITE C
CLOVIS, CA 93611
(559} 297-5200 EXT: 1

1. PROPOSED SEWER, WA1£R, GAS, STORM DRAINAGE, CONCRE1£ CURBS, GUTTERS, AND SIDEWALKS, STREET LIGHTS, AND STRffi IMPROVEMENTS TO BE INSTALLED PER CITY OF STOCKTON STANDARD PLANS AND SPECIFlCATIONS.

2. THERE ARE EXISTNG OVERHEAD IJTlLITIES OR EXISTING TREES ALONG PUBLIC RIGHTS OF WAY WITHIN THE FRONTAGE LIMITS OF THIS MAP.

3. THERE ARE GRADE DIFFERENTIAL OF 6" OR MORE LOCATED AT PROPERlY LINES WITHIN THE LIMITS OF THIS MAP.

4. THERE ARE NO EXISTNG PRIVA1£ WELLS WITHIN THE LIMITS OF THIS MAP.

5. THERE ARE ON-SITE EXISTNG TREES WITHIN THE BOUNDARY OF THIS MAP.

BENCHMARK
SITE BENCHMARKS: BASE CONTROL POINT NUMBER 10000. CHISELED CROSS SET FLUSH IN ASPHALT. ELEVATION = 24.39' --------------------------------------ii
BASIS OF BEARING �
C)
BASIS OF BEARINGS: STATE PlANE GRID NORTH "'
LEGEND - EXISTING NOTE: NOT ALL EXISTING SYMBOLS IN PLANS MAY BE SHOWN HERE � --------------------------------------ii -
- - -W12 - - - EX WA1£R MAIN & PIPE SIZE
8 EX SEWER CLEANOUT i'i - - -5512- - - EX SANITARY SEWER & PIPE SIZE @) EX SEWER MANHOLE 2 - --5015- - -EX STORM DRAIN & PIPE SIZE 1!!J Cl) ..o, EX IJTllilY POLE w
- - - C - - - EX BURIED COMMUNICATION LINE - - - � EX FlRE IMlRANT � T - - - EX BURIED 1£LEPHONE LINE - - - lllill EX WATER METER "iii E - - - EX BURIED ELECTRICAL LINE !iii EX WATER BOX
.c - - - G - - - EX BURIED GAS PIPE LIU Ii:: - - - IRP 30 - - - EX BURIED IRRIGATION & PIPE SIZE liil w

EX RECYCLED WATER BOX lJJ -- - OH - - - EX OVERHEAD UTILilY tl'i:J 8 EX WATER VALVE ::,
-
- - -- -
FO - - - EX BURIED FIBER OPTICS � EX WA1£R RISER
UU - - - EX UNKNOWN IJTllilY TYPE @ EX IRRIGATION CONTROL VALVE c!i,i EX CABLE RISER
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EX GAS METER 1H EX GAS RISER y
� EX GAS VALVE
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Ill
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cm ©
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0 EX GAS VAULT

EX SIGNAGE
EX 1£LEPHONE PEDESTAL/BOX

EX ELECTRIAL PULL BOX

EX ELECTRIAL RISER

EX ELECTRIAL-TRANSFORMER

EX ELECTRIAL VAULT

EX ELECTRIAL PAD MOUNTED

EX GUY WIRE

EX STREET LIGHT

EX STREET LIGHT ON WOOD POLE

EX POLE LIGHT
EX 1£LEPHONE MANHOLE

EX TREE
---0---C ---D---C -
,---7
L ___ _J
,---7
L ___ _J
�

EX POST INDICATOR VALVE

EX FlRE DEPARTMENT CONNECTOR

SINGLE BACKFLOW PREVENTOR

DOUBLE BACKFLOW PREVENTOR

EX CHAINLINK FENCING

EX IRON FENCING

EX CENTERLINE/SECTION LINE

EX PROPERTY LINE

EX EASEMENT LINE

EX RELINQUISHMENT OF ACCESS

EX CONCRETE

EX ASPHALT PAVEMENT

EX MAILBOX

EX BLOCK WALL

EX STORM DRAIN MANHOLE

EX CURB INLET

EX CURB & GUTTER

EX CURB

EX EDGE OF PAVEMENT
'
"'
C:
"'
ii:
�----------------------------------+100
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TENTATIVE PARCEL MAP "iii
-�
1--------------------------------------1�
NEC OF WEST LANE AND MORADA LANE 5
STOCKTON, CALIFORNIA ':
1-------------------�---------,----------lc!;
Ii LORE
sem,o •

I ENGINEERING, INC
I-T __ M __ -_1---1
I
SHEE T 1 OF 2 �
1508 TOL LHOUSE RD. SUI TE C (559) 297-5200 - TEL 1-----------1 u CLOVIS. CA 93611 (559) 297-5205 - FAX DATE: 11/20/25 w
EMAIL: HAL@LORE-E NGINEE RING.CO M f-C�IT
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l,!,..;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,;;;;;;;;,,.;;;!,, ......................... ..!,,, .................................................. ....,1i,,.., ................................... .!,,,,, .............................. .....!J Cl

ATTACHMENT D
266

ATTACHMENT E
267
SJA Design Group NEC W. Lane & Morada Lane - Color Elevations Material Board

SHERWIN

WILLIAMS SW
7069 "IRON ORE"

SHERWIN
WILLIAMS SW 7066
"GRAY MATTERS"

SHERWIN WILLIAMS
SW 7004
"SNOWBOUND"

JAMES HARDIE

SMOOTH PLANK
"TIMBER BARK"

NORTH ELEVATION SOUTH ELEVATION

ATTACHMENT E
268
SJA Design Group NEC W. Lane & Morada Lane - Color Elevations SOUTH ELEVATION WEST ELEVATION

ATTACHMENT E
269

ATTACHMENT E
270

ATTACHMENT E
271

ATTACHMENT E
272
SJA Design Group NEC W. Lane & Morada Lane - Color Elevations

WEST ELEVATION

SHERWIN

WILLIAMS SW
7069 "IRON ORE"

SHERWIN
WILLIAMS SW 7066
"GRAY MATTERS"

SHERWIN WILLIAMS
SW 7004
"SNOWBOUND"

JAMES HARDIE

SMOOTH PLANK
"TIMBER BARK" NORTH ELEVATION Material Board

ATTACHMENT E
273
SJA Design Group
NEC W. Lane & Morada Lane - Color Elevations SOUTH ELEVATION EAST ELEVATION

ATTACHMENT E
274

ATTACHMENT F
attachment f
275

ATTACHMENT F
attachment f
276

ATTACHMENT F
attachment f
277
NO

PARKING ENTER
NO PARKING MORADA LANE WEST LANE APN: 090-550-64
APN: 090-550-65
APN: 090-550-63
APN: 090-550-65 DWG: D:\PROJECTS\2024\MBD.2404 - Commercial Center, Stockton\Acad\Planset\Plans - Exhibits\Zoning Exhibit.dwg USER: Ruben DATE: May 09, 2025 11:34am COMMERCIAL CENTER - STOCKTON

ENGINEERING, INC
1508 TOLLHOUSE RD, SUITE C
(559) 297-5205 - FAX
(559) 297-5200 - TEL
CLOVIS, CA 93611
C1.0

EXISTING ZONING

EXISTING ZONING LEGEND

ATTACHMENT F
attachment f
278
NO

PARKING ENTER
NO PARKING MORADA LANE WEST LANE APN: 090-550-64
APN: 090-550-65
APN: 090-550-63
APN: 090-550-65 DWG: D:\PROJECTS\2024\MBD.2404 - Commercial Center, Stockton\Acad\Planset\Plans - Exhibits\Zoning Exhibit.dwg USER: Ruben DATE: May 09, 2025 9:58am COMMERCIAL CENTER - STOCKTON

ENGINEERING, INC
1508 TOLLHOUSE RD, SUITE C
(559) 297-5205 - FAX
(559) 297-5200 - TEL
CLOVIS, CA 93611
C1.1

PROPOSED ZONING

PROPOSED ZONING LEGEND

ATTACHMENT F
attachment f
279
ORDINANCE NO.

AN ORDINANCE AMENDING THE STOCKTON ZONING MAP FOR REZONING 2.69±- ACRES, INCLUSIVE OF ASSESSOR’S PARCEL NUMBERS (APNs) 090-550-64 and -65, BY ASSIGNING COMMERCIAL, GENERAL (CG) ZONING DESIGNATION IN

PLACE OF THE CURRENT COMMERCIAL, NEIGHBORHOOD (CN) ZONING DESIGNATION (P25-0025)

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

SECTION 1. FINDINGS AND INTENT
The City Council of the City of Stockton finds, pursuant to SMC Section 16.116.050(B)(1) and (3), that:
a. Finding #1: The proposed amendment ensures and maintains internal consistency with general land uses, objectives, policies, programs, and actions of all elements of the General Plan on balance and would not create any inconsistencies with this Development Code.

Evidence: The proposed Rezone is consistent with the General Plan land use designation of Commercial as the CG zoning district is allowed within the Commercial Designation. The proposed rezone will not result in any inconsistencies, endanger the public health and safety, or result in an unforeseen environmental impact beyond what was previously envisioned for the area.

The Project would further General Plan policies aimed at attracting and retaining companies that offer high-quality jobs with wages that are competitive with the region and State (Goal LU-4), attracting employment and taxgenerating businesses in the City (Policy LU-4.2), and prioritizing development and redevelopment of vacant, underutilized, and blighted infill areas (Policy LU6.2). b. Finding #2: The proposed amendment will 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 City.

Evidence: The proposed amendment, along with the proposed development, would not result in hazard to the public convenience, health, interest, safety or general welfare for people working or residing in the City. The amendment would allow the site to be considered for a wider variety of commercial uses that are subject to compliance with City development standards and for provision of all necessary infrastructure. As for the accompanying project, all necessary City services will be provided as part of the project, including for

ATTACHMENT F
attachment f
280
Police and Fire protection services. The proposed uses are compatible uses to the surrounding community.
c. Finding #3: The proposed amendment complies with the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines.

Evidence: The proposed Zoning Map Amendment and accompanying development project, is Categorically Exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15332, Infill Development Projects, because it is consistent with the applicable general plan designation and all applicable general plan policies, and with approval of Zoning map amendment, the Project will be consistent with the CG zoning designation and development regulations. The proposed development occurs within city limits on a Project site of no more than five acres substantially surrounded by urban uses. The Project site has no value as habitat for endangered, rare or threatened species. Approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality, and the site can be adequately served by all required utilities and public services.
d. Finding #4: The site would be physically suitable (including access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designation(s) and anticipated land use development(s).

Evidence: Based on the information provided by the applicant and each Department’s analysis, the subject site is physically suitable for the requested zoning designation and anticipated land use development. All necessary onand off-site roadways, water, wastewater, and storm drainage infrastructure and utilities will be installed by the developer. Development will meet all applicable City standards. There would be no conflict with adjacent land uses due to proper site planning and design.

SECTION II. REZONE CLASSIFICATION
Based on its review of the entire record herein, including the accompanying staff report, all supporting, referenced, and incorporated documents, and all comments received, the City Council hereby approves a Zoning Map Amendment for the boundary modification to the Zoning Map for APNs 090-550-64 and -64 (2.69± acres), changing the existing designation of Commercial, Neighborhood (CN) zoning to Commercial, General (CG) zoning as shown in Exhibit 1, attached and incorporated by this reference.

SECTION III. SEVERABILITY
If any part of this Ordinance is held invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance, and the City Council hereby ATTACHMENT F attachment f
281
declares that it would have passed the remainder of this Ordinance if such invalid portion thereof had been deleted.

SECTION IV. EFFECTIVE DATE
This Ordinance shall take effect and be in full force thirty (30) days after its passage.

ADOPTED:

EFFECTIVE:

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
ATTACHMENT F attachment f
282

ATTACHMENT F
attachment f
283

ATTACHMENT F
attachment f
284

ATTACHMENT F
attachment f
285

ATTACHMENT F
attachment f
286

ATTACHMENT F
attachment f
287

ATTACHMENT F
attachment f
288

ATTACHMENT F
attachment f
289

ATTACHMENT F
attachment f
290

ATTACHMENT F
attachment f
291

ATTACHMENT F
attachment f
292
ORDINANCE NO.

AN ORDINANCE AMENDING THE STOCKTON ZONING MAP FOR REZONING 2.69±- ACRES, INCLUSIVE OF ASSESSOR’S PARCEL NUMBERS (APNs) 090-550-64 and -65, BY ASSIGNING COMMERCIAL, GENERAL (CG) ZONING DESIGNATION IN

PLACE OF THE CURRENT COMMERCIAL, NEIGHBORHOOD (CN) ZONING DESIGNATION (P25-0025)

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

SECTION 1. FINDINGS AND INTENT
The City Council of the City of Stockton finds, pursuant to SMC Section 16.116.050(B)(1) and (3), that:
a. Finding #1: The proposed amendment ensures and maintains internal consistency with general land uses, objectives, policies, programs, and actions of all elements of the General Plan on balance and would not create any inconsistencies with this Development Code.

Evidence: The proposed Rezone is consistent with the General Plan land use designation of Commercial as the CG zoning district is allowed within the Commercial Designation. The proposed rezone will not result in any inconsistencies, endanger the public health and safety, or result in an unforeseen environmental impact beyond what was previously envisioned for the area.

The Project would further General Plan policies aimed at attracting and retaining companies that offer high-quality jobs with wages that are competitive with the region and State (Goal LU-4), attracting employment and taxgenerating businesses in the City (Policy LU-4.2), and prioritizing development and redevelopment of vacant, underutilized, and blighted infill areas (Policy LU6.2). b. Finding #2: The proposed amendment will 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 City.

Evidence: The proposed amendment, along with the proposed development, would not result in hazard to the public convenience, health, interest, safety or general welfare for people working or residing in the City. The amendment would allow the site to be considered for a wider variety of commercial uses that are subject to compliance with City development standards and for provision of all necessary infrastructure. As for the accompanying project, all necessary City services will be provided as part of the project, including for 293
Police and Fire protection services. The proposed uses are compatible uses to the surrounding community.
c. Finding #3: The proposed amendment complies with the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines.

Evidence: The proposed Zoning Map Amendment and accompanying development project, is Categorically Exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15332, Infill Development Projects, because it is consistent with the applicable general plan designation and all applicable general plan policies, and with approval of Zoning map amendment, the Project will be consistent with the CG zoning designation and development regulations. The proposed development occurs within city limits on a Project site of no more than five acres substantially surrounded by urban uses. The Project site has no value as habitat for endangered, rare or threatened species. Approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality, and the site can be adequately served by all required utilities and public services.
d. Finding #4: The site would be physically suitable (including access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designation(s) and anticipated land use development(s).

Evidence: Based on the information provided by the applicant and each Department’s analysis, the subject site is physically suitable for the requested zoning designation and anticipated land use development. All necessary onand off-site roadways, water, wastewater, and storm drainage infrastructure and utilities will be installed by the developer. Development will meet all applicable City standards. There would be no conflict with adjacent land uses due to proper site planning and design.

SECTION II. REZONE CLASSIFICATION
Based on its review of the entire record herein, including the accompanying staff report, all supporting, referenced, and incorporated documents, and all comments received, the City Council hereby approves a Zoning Map Amendment to change the existing zoning designation of APNs 090-550-64 and -65 (2.69± acres) from Commercial, Neighborhood (CN) zoning to Commercial, General (CG) zoning as shown in Exhibit 1, attached and incorporated by this reference.

SECTION III. SEVERABILITY
If any part of this Ordinance is held invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance, and the City Council hereby 294
declares that it would have passed the remainder of this Ordinance if such invalid portion thereof had been deleted.

SECTION IV. EFFECTIVE DATE
This Ordinance shall take effect and be in full force thirty (30) days after its passage.

ADOPTED:

EFFECTIVE:

ATTEST:

CHRISTINA FUGAZI
Mayor of the City of Stockton

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
295
NO

PARKING ENTER
NO PARKING MORADA LANE WEST LANE APN: 090-550-64
APN: 090-550-65
APN: 090-550-63
APN: 090-550-65 DWG: D:\PROJECTS\2024\MBD.2404 - Commercial Center, Stockton\Acad\Planset\Plans - Exhibits\Zoning Exhibit.dwg USER: Ruben DATE: May 09, 2025 11:34am COMMERCIAL CENTER - STOCKTON

ENGINEERING, INC
1508 TOLLHOUSE RD, SUITE C
(559) 297-5205 - FAX
(559) 297-5200 - TEL
CLOVIS, CA 93611
C1.0

EXISTING ZONING

EXISTING ZONING LEGEND
EXHIBIT 1
296
NO

PARKING ENTER
NO PARKING MORADA LANE WEST LANE APN: 090-550-64
APN: 090-550-65
APN: 090-550-63
APN: 090-550-65 DWG: D:\PROJECTS\2024\MBD.2404 - Commercial Center, Stockton\Acad\Planset\Plans - Exhibits\Zoning Exhibit.dwg USER: Ruben DATE: May 09, 2025 9:58am COMMERCIAL CENTER - STOCKTON

ENGINEERING, INC
1508 TOLLHOUSE RD, SUITE C
(559) 297-5205 - FAX
(559) 297-5200 - TEL
CLOVIS, CA 93611
C1.1

PROPOSED ZONING

PROPOSED ZONING LEGEND
EXHIBIT 1
297
City Council
February 17, 2026
Agenda Item 15.1
Community Development Department
Zoning Map Amendment for a
Proposed Commercial Development at
9450 West Lane and 1540 East Morada Lane
(APN 090-550-64 & -65) (P25-0025)
298
Location
Project Site
E. Morada Lane
West Lane
<< McNair High School
Ronald E. McNair Wy
San Joaquin County
(Unincorporated)
Approved Agave
Tentative Subdivision
93 residential lots
(2-27-2025)
Ursula Meyer Library &
Community Center
299
General Plan
Project Site
San Joaquin County
(Unincorporated)
Low Density Residential
Institutional
Medium Density Residential
Commercial
300
Zoning
Commercial,
Neighborhood
(CN)
Residential,
Medium Density (RM)
Public
Facilities (PF)
Project Site
RL
Residential,
Low Density (RL)
San Joaquin County
(Unincorporated)
301
Project Summary
For City Council Consideration:
• Zoning Map Amendment to rezone 2.69-acres from Commercial, Neighborhood (CN) to Commercial, General (CG)
Approved by Planning Commission, contingent on Council approval of Zoning Map Amendment
• Tentative Parcel Map to split two existing parcels (2.69 acres total) into three (3) parcels
• Land Development Permit for drive-through and outdoor dining uses • Design Review for new commercial development consisting of two (2) drive-through restaurants, one (1) commercial building, and site improvements 302
Zoning Map Amendment
• Rezone 2.69-acres
(APNs 060-550-64 & -65)
• Existing: Commercial, Neighborhood (CN)
• Proposed: Commercial, General (CG)
Required findings can be made in the
affirmative.

Existing
Gas station

2.69± acres
303
Site Plan
• Two drive-throughs
• One outdoor dining area Existing
Gas station
304
Design Review
• Consistent with Citywide Design
Guidelines
• Cohesive Design Program
• Use of similar materials,
complementary colors and
building designs
• Stucco, lap siding, accent
metal canopies, and neutral
color palettes
305
Planning Commission
Public Hearing held on December 11, 2025
Planning Commission adopted two resolutions:

1. Recommending City Council to approve the Zoning Map
Amendment

2. Approving the Tentative Parcel Map, Land Development Permit, and Design Review, subject to conditions
• The Commission voted 6-0, with Commissioner Graves absent 306
Recommendation
It is recommended that the City Council:

Adopt an Ordinance to approve a Zoning Map Amendment to Rezone ±2.69 acres from CN (Commercial, Neighborhood) to CG (Commercial General), Subject to Conditions of Approval 307
City of Stockton
Legislation Text
File #: 26-0001, Version: 1

AMENDMENT TO THE ARCH-AIRPORT SPERRY ROAD PRECISE ROAD PLAN TO ALLOW ACCESS FOR AN APPROVED FUELING STATION AND CONVENIENCE STORE (P25-0045)

RECOMMENDATION
It is recommended that the City Council accept the Planning Commission’s recommendation and approve the Precise Road Plan Amendment to the Arch-Airport Sperry Road Precise Road Plan, in accordance with Findings for Decision detailed herein.

Summary
Todd Meyers of Maverik Inc filed a project application to amend the Arch-Airport/Sperry Road Precise Road Plan in accordance with the Stockton Municipal Code (SMC) Chapter 16.148 (the “Project”).

The purpose of the Project is to create a secondary driveway access for a Maverik fueling station and convenience store located at 4874 Qantas Lane, in the jurisdiction of the County of San Joaquin (Attachment A). The Maverik station and store were approved by San Joaquin County in June 2025, but are not yet constructed. The City of Stockton is processing this application request because the rights of way for Arch-Airport Road is regulated by the City. The proposed Precise Road Plan Amendment (Exhibit 1 to the proposed Resolution) creates a secondary driveway access - or encroachment - onto Arch-Airport Road, east of the intersection with Qantas Lane that will provide restricted access to right-out only vehicular movement from the approved Maverik site onto ArchAirport Road to complement the full access driveway on Qantas Lane.

The City Council is the review authority for Amendments to Precise Road Plans, based on the recommendation of the Planning Commission. The Project is Categorically Exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15305(b), Minor Alteration in Land Use Limitations, because it is for an encroachment to a roadway that does not change the allowed uses or density of any parcel of land, nor does it affect the intended use of the roadway, as shown in the provided access analysis.

On January 8, 2026, the Planning Commission held a public hearing and considered public comment on the proposed amendment. After discussing the item, the Planning Commission voted 5-1 (Commissioner Hernandez absent and Commissioner Amen dissenting) to recommend approval of the proposed amendment with an added condition requiring the driveway to be constructed to allow for STAA trucks. Staff recommends City Council accept the Planning Commission’s recommendation and approve the amendment to the Arch-Airport/Sperry Road Precise Road Plan, based on the required Findings of Fact.

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File #: 26-0001, Version: 1

DISCUSSION
Background
The Arch-Airport/Sperry Road Precise Road Plan was jointly adopted and approved by the City of Stockton and San Joaquin County in 2002 (Attachment B). The purpose of the Plan is to identify future right-of-way requirements, roadway alignment, lane configurations, driveway access restrictions, and intersection controls for the roadway to ensure the regional needs of the roadway are properly met and addressed. Precise Road Plans are created to accommodate anticipated future development. However, because not all development can be adequately envisioned, the Stockton Municipal Code provides a way for Precise Road Plans to be amended through SMC Section

16.148.090.C. Arch-Airport Road in the subject location is currently a six lane arterial roadway with a landscaped median. The current Precise Road Plan does not provide any driveway access to ArchAirport Road at the subject location and includes an additional eastbound through-lane.

The Maverik fueling station and convenience store was approved by San Joaquin County and is located on a parcel in the County’s jurisdiction. The approved fueling station currently has primary access from Qantas Lane, however for proper vehicular circulation, a secondary roadway access is needed on Arch-Airport Road. The proposed amendment is to add a new secondary driveway access (encroachment) onto Arch-Airport Road to the approved station and store, and to maintain the current three through-lanes plus auxiliary lane configuration.

The proposed amendment would provide a right-out only vehicular access to Arch-Airport Road, specifically, from the approved Maverik site approximately 425 feet east of the Qantas Lane intersection to complement the full access driveway approved by the County on Qantas Lane.

An access analysis was conducted to determine the potential impact of the proposed driveway using the projected amount of traffic from the buildout of the Airpark 599 project (Attachment C). The analysis concluded that the proposed driveway would have no significant negative impact on ArchAirport Road traffic and that it would alleviate some demand on the Qantas Lane intersection. The analysis also concurred with the certified plans and traffic study for the Highway 99/Arch Road interchange project that the current 3 travel lanes plus auxiliary lane are sufficient for the projected growth in the area. The analysis anticipated 1,902 average daily trips for Maverik, which is a portion of the 15,650 average daily trips anticipated for Qantas Lane by the adopted Airpark 599 EIR Addendum at this intersection. The analysis has been reviewed by the City and found to be adequate to allow for the requested amendment as proposed.

The project area is not zoned, because Arch-Airport Road is designated as public right-of-way (ROW). The subject area is bound to the:
· North by a United States Postal Service processing and distribution center zoned by the City of Stockton as IG (Industrial, General);
· South by a vacant parcel in jurisdiction of the County of San Joaquin (Airpark 599), approved for the development of a Maverik Fueling station and convenience store with an Envision Stockton 2040 General Plan (General Plan) Land Use Designation of Commercial, and zoned by San Joaquin County as Highway Commercial, since not currently in the Stockton City limits.

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File #: 26-0001, Version: 1
The General Plan designates Arch-Airport Road as an Arterial roadway, with land on either side of the right-of-way for Commercial and Industrial land uses. The Precise Road Plan amendment application is subject to public hearings by both the Planning Commission (for recommendation to the City Council) and the City Council (for a final decision).

Development Review Committee
The Development Review Committee (comprised of senior multi-departmental Stockton staff) considered the Project on December 15, 2025, and recommended approval of the amendment to the Arch-Airport/Sperry Precise Road Plan Amendment, subject to required Findings of Fact, as indicated in the proposed Resolution.

Findings Of Fact
Stockton Municipal Code (SMC) Section 16.148.070.A requires two findings of fact to support an amendment to a Precise Road Plan. The Precise Road Plan must 1) comply with general land uses, objectives, policies, and programs of the General Plan and other adopted goals and policies of the City; and 2) be in compliance with applicable provisions of the California Environmental Quality Act (CEQA). The project would comply with the General Plan because the proposed amendment serves the needs of commercial development that is consistent with its General Plan Land Use Designation of Commercial. In addition, the proposed amendment complies with General Plan Land Use Policy LU-6.1, by ensuring that adequate infrastructure is available to development projects; and Land Use Policy LU-6.2 by prioritizing a development project in an infill area, substantially surround by existing development. Further, the Project complies with CEQA as it is Categorically Exempt under CEQA Guidelines Section 15305(b), Minor Alteration in Land Use Limitations, because the proposed amendment is for an encroachment to a roadway that does not change the allowed uses or density of any parcel of land, nor does it affect the intended use of the roadway, as shown in the provided access analysis. This exemption is for the proposed amendment only, as the Maverik project is already approved by the County and was previously evaluated in the adopted Airpark 599 EIR addendum.

Planning Commission
On January 8, 2026, a public hearing was held before the Planning Commission. During the hearing, concern was raised by a member of the public and some Commissioners about potential safety issues the driveway may present and the amount of traffic on Arch-Airport Road. The Project traffic engineer addressed the design and traffic analysis conducted to ensure safety is being considered.

Public Works staff concurred with the traffic analysis that a fourth through-lane is not needed due to the design of the Arch/SR 99 interchange and use of the existing auxiliary lane is adequate. An additional condition of approval was recommended by the Commission to require the driveway to be constructed with a proper turning radius to allow for STAA trucks to exit the site safely. During the hearing, staff confirmed that the driveway was envisioned and analyzed in the County-approved Airpark 599 Master Plan.

Following the public hearing, the Planning Commission voted 5-1, with Commissioner Hernandez absent and Commissioner Amen dissenting, to forward a recommendation to the City Council for approval of the proposed amendment to the Arch-Airport/Sperry Road Precise Road Plan with the City of Stockton Page 3 of 4 Printed on 2/12/2026
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File #: 26-0001, Version: 1
before mentioned STAA compliant driveway condition added (Attachment D).

ENVIRONMENTAL CLEARANCE
As previously stated, the proposed amendment is Categorically Exempt under CEQA Guidelines Section 15305(b), Minor Alteration in Land Use Limitations. The proposed amendment is for an encroachment to a roadway that does not change the allowed uses or density of any parcel of land, nor does it affect the intended use of the roadway, as shown in the provided access analysis (Attachment C).

Public Comments
Notice for the City Council public hearing for this request was published in The Record on February 6, 2026, as a display ad in accordance with SMC Section 16.88.030(B)(2)(b)(ii)(C)(2). As of the writing of this staff report, no written comments have been submitted.

FINANCIAL SUMMARY
There is no impact to the City’s General Fund or to any other unrestricted fund. Costs associated with the proposed design and construction of improvements will be borne by the developer.

Attachment A - Location Map and Arterial Photograph
Attachment B - Arch-Airport/Sperry Road Precise Road Plan Attachment C - Access Analysis
Attachment D - Planning Commission Resolution 2026-01-08-0502 City of Stockton Page 4 of 4 Printed on 2/12/2026
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Location of
Approved Maverik
Fueling Station
ROW affected
by Amendment

ATTACHMENT A
312

ATTACHMENT B
313

ATTACHMENT B
314

ATTACHMENT B
315

ATTACHMENT B
316

ATTACHMENT B
317

ATTACHMENT B
318

ATTACHMENT B
319

ATTACHMENT B
320

ATTACHMENT B
321

ATTACHMENT B
322

ATTACHMENT B
323

ATTACHMENT B
324

ATTACHMENT B
325
Prepared for:
243 East 3rd Street
Long Beach, CA 90802
Prepared by:
23905 Clinton Keith Road 114-280
Wildomar, CA 92595
October 2025
Stockton Maverik Gas Station
Access Analysis

ATTACHMENT C
326
Maverik Gas Station Executive Summary
i

EXECUTIVE SUMMARY
Purpose of the Report
The subject site has already been entitled for a gas service station as part of Phase 1 Airpark 599 project. The purpose of this Access Analysis report is to analyze the operation of the proposed project access points and bounding intersections under existing and opening year conditions. The project is proposing two access points that provide a physical transition between the subject site and fronting roadways. Access to the Project site will be provided via one (1) driveway with restricted access to right-out only vehicular movement on Arch Airport Road and one (1) proposed driveway with full access on Qantas Lane. The proposed driveways are designed to minimize impacts on traffic flow along the fronting roadways by providing a left turn lane at the Qantas lane driveway that allows the turning vehicle to exit the through lane, to decelerate, and to provide enough storage space for vehicles waiting to complete the turn safely into the property while not impeding through vehicular movements. The existing auxiliary lane along the property frontage on Arch Airport Road will facilitate vehicular movements exiting the site by providing a speed change area that permit vehicles to accelerate before merging with the through traffic flow.

Project Overview
The Project is proposing the construction of a service station with 5,982 square-foot convenience store, 22 fueling positions. The Project is located at the southeast corner of Arch Airport Road and Qantas Lane in the City of Stockton.

The project trip generation was calculated using the Institute of Transportation Engineers (ITE) Trip Generation Manual (TGM), 11
th Edition. It is estimated that the project will generate 1,902 daily trips, 168 AM peak hour trips and 148 PM peak hour trips. Project trip distribution and assignment were developed based on the land use characteristics of the proposed project and surrounding area and anticipated travel patterns to and from the project site. Project scenarios and study area intersections were then established to determine the potential operational deficiencies at the project access points and bounding intersections on the transportation network due to the construction of the Project.

Analysis Scenarios
• Existing Conditions (Year 2025)
• Opening Year 2027 (Existing + 2% Annual Ambient Growth) + Project Conditions Study Area Intersections

1. SR-99 and Arch Airport Road

2. Qantas Lane and Arch Airport Road

3. Project Driveway and Arch Airport Road

4. Qantas Lane and Project Driveway

ATTACHMENT C
327
Maverik Gas Station Executive Summary
ii
Analysis Results and Recommendations
Existing Conditions (Year 2025)
All intersections are expected to operate at an acceptable LOS under Existing Conditions.

Opening Year 2027 Conditions
All intersections are expected to operate at an acceptable LOS under Opening Year 2027 Project Conditions.

Conclusion
This Access Analysis evaluated the potential deficiencies related to the Project proposed access points and bounding intersections. An access and intersection operation analyses were conducted under Existing Year 2025 and Opening Year 2027 Project conditions. Based on the analysis, it was determined that all study access points and intersections are expected to operate at satisfactory LOS D or better during the weekday AM and PM peak hours under all analyzed conditions. Although the approved City-County precise road plan shows Arch Airport Road between Quantas Lane and SR99 as having four-lanes plus an auxiliary lane for the eastbound direction, the approved and certified project plans and traffic study for the State Route 99/Arch Road Interchange Reconstruction Project validated that three-lanes plus an auxiliary lane eastbound direction is adequate for future traffic growth. The proposed Maverick Gas Station study agrees with the SR99/Arch Road Interchange study.

ATTACHMENT C
328
Maverick Fueling Station Table of Content
i
Table of Contents
EXECUTIVE SUMMARY...............................................................................................................................................I Purpose of the Report.....................................................................................................................................i Project Overview.............................................................................................................................................i Analysis Results and Recommendations........................................................................................................ii

1.0 PROJECT INTRODUCTION .............................................................................................................................. 1 PROJECT DESCRIPTION .............................................................................................................................................1 STUDY AREA ..........................................................................................................................................................1 PROJECT TRIP GENERATION.......................................................................................................................................1 PROJECT TRIP DISTRIBUTION AND ASSIGNMENT.............................................................................................................2 PROJECT ACCESS .....................................................................................................................................................2 PARKING ...............................................................................................................................................................3

2.0 METHODOLOGIES ....................................................................................................................................... 7 STUDY SCENARIOS...................................................................................................................................................7 STUDY TIME PERIODS...............................................................................................................................................7 ANALYSIS METHODOLOGIES ......................................................................................................................................7 Intersection Capacity Analysis.......................................................................................................................9 Signalized Intersections.............................................................................................................................9 Traffic Signal Warrant Analysis .....................................................................................................................9

3.0 EXISTING CONDITIONS (YEAR 2025).............................................................................................................10 ROADWAY NETWORK.............................................................................................................................................10 TRAFFIC VOLUMES ................................................................................................................................................10 ANALYSIS RESULTS ................................................................................................................................................10

4.0 OPENING YEAR 2027 CONDITIONS ................................................................................................................15 ANALYSIS RESULTS .................................................................................................................................................15

5.0 CONCLUSION ............................................................................................................................................17 List of Figures
FIGURE 1-1 – PROJECT SITE PLAN ..................................................................................................................................4 FIGURE 1-2 – PROJECT STUDY AREA AND TRIP DISTRIBUTION..............................................................................................5 FIGURE 1-3 – PROJECT AM/PM PEAK HOUR INTERSECTION VOLUMES.................................................................................6 FIGURE 3-1 – CITY OF STOCKTON ROADWAY CLASSIFICATION MAP ....................................................................................12 FIGURE 3-2 – CITY OF STOCKTON PLANNED BICYCLE NETWORK .........................................................................................13 FIGURE 3-3 – EXISTING CONDITIONS (YEAR 2025) AM/PM PEAK HOUR INTERSECTION VOLUMES .........................................14 FIGURE 4-1 – OPENING YEAR 2027 CONDITIONS AM/PM PEAK HOUR INTERSECTION VOLUMES ...........................................16

ATTACHMENT C
329
Maverick Fueling Station Table of Content
ii
List of Tables
TABLE 1-1 PROJECT TRIP GENERATION RATE ...................................................................................................................2 TABLE 1-2 PROJECT TRIP GENERATION SUMMARY ............................................................................................................2 TABLE 2-1 VEHICULAR LEVEL OF SERVICE DEFINITIONS .......................................................................................................9 TABLE 2-2 SIGNALIZED INTERSECTION LEVEL OF SERVICE HCM OPERATIONAL ANALYSIS METHOD..............................................9 TABLE 2-3 LEVEL OF SERVICE CRITERIA FOR STOP CONTROLLED UNSIGNALIZED INTERSECTIONS ..................................................9 TABLE 3-1 EXISTING CONDITIONS (YEAR 2025) INTERSECTION OPERATION ANALYSIS ...........................................................11 TABLE 4-1 OPENING YEAR 2027 CONDITIONS INTERSECTION OPERATION ANALYSIS ..............................................................15 TABLE 4-2 OPENING YEAR 2027 DRIVEWAY VEHICULAR QUEUEING ANALYSIS.....................................................................15 Appendices

APPENDIX A - TRAFFIC COUNT DATA

APPENDIX B - EXISTING CONDITIONS PEAK HOUR INTERSECTION ANALYSIS WORKSHEETS APPENDIX C - OPENING YEAR 2027 CONDITIONS PEAK HOUR INTERSECTION ANALYSIS WORKSHEETS

APPENDIX D - QUEUE ACCESS ANALYSIS WORKSHEETS
APPENDIX E - EXCERPTS FROM STATE ROUTE 99 (SR-99)/ARCH ROAD INTERCHANGE RECONSTRUCTION PROJECT

ATTACHMENT C
330
Maverick Gas Station Project Introduction
1 1.0 PROJECT INTRODUCTION
The subject site has already been entitled for a gas service station as part of Phase 1 Airpark 599 project. The purpose of this Access Analysis report is to analyze the operation of the proposed project access points and bounding intersections under existing and opening year conditions. The project is proposing two access points that provide a physical transition between the subject site and fronting roadways. Access to the Project site will be provided via one (1) driveway with restricted access to right-out only vehicular movement on Arch Airport Road and one (1) proposed driveway with full access on Qantas Lane. The proposed driveways are designed to minimize impacts on traffic flow along the fronting roadways by providing left turn lane at the Qantas lane driveway that allows the turning vehicle to exit the through lane, to decelerate, and to provide enough storage space for vehicles waiting to complete the turn safely into the property while not impeding through vehicular movements. The existing auxiliary lane along the property frontage on Arch Airport Road will facilitate vehicular movements exiting the site by providing a speed change area that permit vehicles to accelerate before merging with the through traffic flow.

PROJECT DESCRIPTION
The Project is proposing the construction of a service station with 5,982 square-foot convenience store and 22 fueling positions. The Project is located at the southeast corner of Arch Airport Road and Qantas Lane in the City of Stockton.

Figure 1-1 shows the project site plan.

STUDY AREA
The study area for this project was developed consistent with the Guidelines, including all primary access points and signalized intersections adjacent to the project or integral to project trip distribution.

Figure 1-2 presents the study area that includes the following key intersections:

1. SR-99 and Arch Airport Road

2. Qantas Lane and Arch Airport Road

3. Project Driveway and Arch Airport Road

4. Qantas Lane and Project Driveway
Turning movement counts for one weekday during the morning and evening peak hours were conducted on January 30, 2025. The turning movement counts are included in Appendix A. These counts were utilized in Synchro 11 software to determine LOS at all study intersections. Year 2027 traffic volumes were developed by adding a 2% annual growth for two years to the existing counts which was added to the project volumes.

PROJECT TRIP GENERATION
Trip generation is a measure or forecast of the number of trips that begin or end at the project site.

The traffic generated is a function of the extent and type of development proposed for the site. These trips will result in some traffic increases on the streets where they occur. Per the TIA Guidelines, trip generation for proposed uses must be calculated based on rates from the Trip Generation Manual (TGM), 11th Edition, published by the Institute of Transportation Engineers (ITE). Project ITE average trip generation rates are presented in Table 1-1.

ATTACHMENT C
331
Maverick Gas Station Project Introduction
2 Table 1-1
Project Trip Generation Rate
Land Use1 Units2
ITE LU
Code
AM Peak Hour PM Peak Hour
Daily
In Out Total In Out Total
Convenience Store/Gas Station (5.5-10k) VFP 945 15.80 15.80 31.60 13.45 13.45 26.90 345.75 1 Trip Generation Source: Institute of Transportation Engineers, Trip Generation Manual, Eleventh Edition (2021). 2 VFP = Vehicle Fueling Positions
Table 1-2 summarizes the calculated trip generation based on land use intensity associated with the Project. As shown, the Project is anticipated to generate approximately 1,902 new daily trips, 168 AM peak hour trips and 148 PM peak hour trips.

Table 1-2
Project Trip Generation Summary
Land Use1Intensity Units2
AM Peak Hour PM Peak Hour
Daily
In Out Total In Out Total
Convenience Store/Gas Station (5.5-10k) 22 VFP 348 348 696 296 296 592 7,607 Pass-by Reduction (76% - AM Peak Hour, 75% - PM Peak Hour & Daily)3 264 264 528 222 222 444 5,705 Total 84 84 168 74 74 148 1,902
1 Trip Generation Source: Institute of Transportation Engineers (ITE), Trip Generation Manual, Eleventh Edition (2021). 2 VFP = Vehicle Fueling Positions
3 Pass-by reduction percentage is based on the ITE methodology per 2021 Pass-By Tables for ITE Trip Generation Appendices.

PROJECT TRIP DISTRIBUTION AND ASSIGNMENT
Trip distribution and assignment is the process of identifying the probable destinations, directions and traffic routes that project related traffic will affect. Once the proposed development’s trips have been estimated, they are assigned to the study area network. For this development, the project trip distribution and assignment were developed in coordination with City staff based on the land use characteristics of the proposed project, surrounding land uses within the study area, and anticipated travel patterns to and from the project site.

Figure 1-2 shows the trip distribution and Figure 1-3 shows the Project intersection turning movement volumes.

PROJECT ACCESS
Access to the Project site will be provided via one (1) driveway with restricted access to right-out only vehicular movement on Arch Airport Road and one (1) proposed driveway with full access on Qantas Lane.

ARCH AIRPORT ROADWAY CONFIGURATION
According to the State Route 99 (SR-99)/Arch Road Interchange Reconstruction Project Traffic Forecast and Operation Analysis(dated September 9, 1998), the roadway design for Arch Airport Road between SR-99 and Qantas Lane was revised from the original four-lane configuration shown in the precise roadway plan. The approved, certified, and constructed roadway configuration implemented as part

ATTACHMENT C
332
Maverick Gas Station Project Introduction
3 of the Arch Road Interchange Reconstruction Project includes three eastbound through lanes and an auxiliary lane connecting the recommended northbound free right-turn lane at the Arch Airport Road and Qantas Lane intersection to the SR-99 interchange.

For the purposes of this report, the roadway geometric configuration of Arch Airport Road, as established by the approved, certified and constructed SR-99 interchange project, has been reviewed and confirmed by City of Stockton staff for inclusion in the subject project. Excerpts from the State Route 99 (SR-99)/Arch Road Interchange Reconstruction Project Traffic Forecast and Operation Analysis are provided in Appendix E.

PARKING
The proposed development will provide on-site parking spaces consistent with City of Stockton minimum parking requirements.

ATTACHMENT C
333
Maverik Gas Station
Project Site Plan
Figure 1-1

ATTACHMENT C
334
Maverick Gas Station
Project Study Area and Outbound Trip Distribution
Figure 1-2a
# Intersections
LEGEND

INCLUDED)

CITY OF COACHELLA, CA

PRELIMINARY SITE PLAN SUBJECT TO CHANGE

PROJECT DATA
CLIENT: HAAGEN CO., LLC
PROJECT ADDRESS: N.W.C. OF STATE HWY. 86
APN NUMBER/S:

JURISDICTION:

PROPOSED USE:

NORTH

VICINITY MAP

NOT TO SCALE
COACHELLA, CALIFORNIA 92274
ZONING: M-H (HEAVY INDUSTRIAL)

LARGE & SMALL WAREHOUSE, SMALL
763-330-013, 018, 017
PROPOSED SITE PLAN SCALE: 1" = 100'-0"

COACHELLA, CALIFORNIA
N.W.C. OF STATE HWY. 86 &

AIRPORT BOULEVARD
SOUTHERN PACIFIC RAILROAD HIGHWAY 111
HIGHWAY 86S

AIRPORT BOULEVARD

CVWD STORMWATER CHANNEL
AVENUE 54

FILLMORE STREET

POLK STREET

PALM STREET

CACTUS DESERT DRIVE
AND AIRPORT BLVD.

BUSINESS, SELF STORAGE, SERVICE

STATION AND DRIVE-THRU

PROPOSED BUILDING AREA

BUILDING DATA

TOTAL SITE AREA

LARGE WAREHOUSE

SMALL WAREHOUSE

SMALL BUSINESS

BRICK YARD
SELF STORAGE ±137,400 SF
SERVICE STATION/ MINI MART ±4,000 SF
DRIVE-THRU FAST FOOD RESTAURANT ±4,000 SF
TOTAL BUILDING AREA ±648,849 SF
APN#

BOUNDARY THIS PLAN HAS BEEN PREPARED BY USING

THE CONSTRAINTS EXHIBIT BY THE ALTUM
GROUP, DATED FEB. 15, 2018.

INFORMATION:
586 STALLS
NOTE:

PROPOSED BUILDING HEIGHT
LARGE WAREHOUSE ±38' TO 42' HIGH
SMALL WAREHOUSE ±28' TO 32' HIGH
SMALL BUSINESS ±24' TO 28' HIGH

BRICK YARD

SELF STORAGE

BUILDING TYPE
RETAIL (GAS STATION & DRIVE THRU) ±24' TO 28' HIGH

TYPE V-B (FULLY SPRINKLERED)

BUILDING DATA

1. FIRE HYDRANT TO BE LOCATED MAX. 300 FT. O.C. OR AS

APPROVED BY RIVERSIDE COUNTY FIRE DEPARTMENT

2. PROPOSED FIRE HYDRANT LOCATION ON SITE ARE

REPRESENTED BY FH SYMBOL

3. 43 FT. LENGTH TEMPLATE WAS USED TO ILLUSTRATE FIRE

TRUCK PATH

4. MINIMUM TRUCK TURNING RADIUS ±30 FT.
1 inch = feet
0 GRAPHIC SCALE
100'
100' 200' 100' 300' 50'
H Y D
RETENTION BASIN ±130,000 SF
Coachella Airport Business Park

COACHELLA, CALIFORNIA
12302 EXPOSITION BLVD., LOS ANGELES, CA 90064
Haagen Co., LLC

04.02.2020 18028TMA

PROPOSED SITE PLAN
SP-06
2 1
3 4
45%

ATTACHMENT C
335
LEGEND
0/0 = (AM/PM) Peak Hour Volumes
Maverik Gas Station
Project AM/PM Peak Hour Intersection Volumes
Figure 1-3

ATTACHMENT C
336
Maverick Gas Station Methodologies
7 2.0 METHODOLOGIES
This section documents the methodologies and assumptions used to conduct the circulation impact analysis for the proposed project. This section contains the following background information:
• Study scenarios
• Study time periods
• Analysis methodologies
Refer to Appendix A for approved scoping agreement.

STUDY SCENARIOS
This report presents an analysis of the intersection operating conditions during the peak periods, which were selected in consultation with City staff for the following anticipated timeframe scenarios:
• Existing Conditions (Year 2025)
• Opening Year 2027 (Existing + 2% Annual Ambient Growth) + Project Conditions

STUDY TIME PERIODS
The Guidelines recommend the following peak hours for analysis:
• Weekday AM (peak hour between 7:00 AM and 9:00 AM)
• Weekday PM (peak hour between 4:00 PM and 6:00 PM)

ANALYSIS METHODOLOGIES
Street system operating conditions are typically described in terms of “level of service.” Level of service is a report-card scale used to indicate the quality of traffic flow on roadway segments and at intersections. Level of service (LOS) ranges from LOS A (free flow, little congestion) to LOS F (forced flow, extreme congestion). Table 2-1 describes generalized definitions of auto LOS A through F.

Table 2-1
Vehicular Level of Service Definitions
LOS Characteristics
A
Primarily free-flow operation. Vehicles are completely unimpeded in their ability to maneuver within the traffic stream.

Controlled delay at the boundary intersections is minimal. The travel speed exceeds 80% of the base free-flow speed, and the volume-to-capacity ratio is no greater than 1.0.

B
Reasonably unimpeded operation. The ability to maneuver within the traffic stream is only slightly restricted and control delay at the boundary intersections is not significant. The travel speed is between 67% and 80% of the base free-flow speed, and the volume-to-capacity ratio is no greater than 1.0.

C
Stable operation. The ability to maneuver and change lanes at mid-segment locations may be more restricted than at LOS B.

Longer queues at the boundary intersections may contribute to lower travel speeds. The travel speed is between 50% and 67% of the base free-flow speed, and the volume-to-capacity ratio is no greater than 1.0.

D
Less stable condition in which small increases in flow may cause substantial increases in delay and decreases in travel speed.

This operation may be due to adverse signal progression, high volume, or inappropriate signal timing at the boundary intersections. The travel speed is between 40% and 50% of the base free-flow speed, and the volume-to-capacity ratio is no greater than 1.0.

E
Unstable operation and significant delay. Such operations may be due to some combination of adverse signal progression, high volume, and inappropriate signal timing at the boundary intersections. The travel speed is between 30% and 40% of the base free-flow speed, and the volume-to-capacity ratio is no greater than 1.0.

F
Flow at extremely low speed. Congestion is likely occurring at the boundary intersections, as indicated by high delay and extensive queuing. The travel speed is 30% or less of the base free-flow speed, or the volume-to-capacity ratio is greater than

1.0. Source: Highway Capacity Manual 7
th Edition, Transportation Research Board (2022)

ATTACHMENT C
337
Maverick Gas Station Methodologies
8 Intersection Capacity Analysis
The analysis of peak hour intersection performance was conducted using the Synchro 10 software program, which uses methodologies defined in the Highway Capacity Manual 7 th Edition (HCM) to
calculate LOS. Level of service (LOS) for intersections is determined by control delay. Control delay is defined as the total elapsed time from when a vehicle stops at the end of a queue to the time the vehicle departs from the stop line. The total elapsed time includes the time required for the vehicle to travel from the last-in-queue position to the first-in-queue position, including deceleration of vehicles from free-flow speed to the speed of vehicles in the queue.

Signalized Intersections
The HCM analysis methodology for evaluating signalized intersections is based on the “operational analysis” procedure. This technique uses 1,900 passenger cars per hour of green per lane (pcphpl) as the maximum saturation flow of a single lane at an intersection. Average control delay is calculated by taking a volume-weighted average of all the delays for all vehicles entering the intersection. Table 2-2 summarizes the level of service criteria for signalized intersections.

Table 2-2
Signalized Intersection Level of Service HCM Operational Analysis Method Average Control Delay
Per Vehicle (seconds) Level of Service (LOS) Characteristics <10.0
LOS A occurs when the volume-to-capacity ratio islow and either progression is exceptionally favorable or the cycle length is very short. If it is due to favorable progression, most vehicles arrive during the green indication and travel through the intersection withoutstopping.

10.1 – 20.0 LOS B occurs when the volume-to-capacity ratio islow and either progression is highly favorable or the cycle length isshort. More vehiclesstop than with LOS A.

20.1 – 35.0
LOS C occurs when progression is favorable or the cycle length is moderate. Individual cycle failures (i.e., one or more queued vehicles are not able to depart as a result of insufficient capacity during the cycle) may begin to appear at this level. The number of vehiclesstopping is significant, although many vehiclesstill passthrough the intersection withoutstopping.

35.1 – 55.0 LOS D occurs when the volume-to-capacity ratio is high and either progression isineffective or the cycle length is long. Many vehiclesstop and individual cycle failures are noticeable.

55.1 – 80.0 LOS E occurs when the volume-to-capacity ratio is high, progression is unfavorable, and the cycle length islong. Individual cycle failures are frequent.
>80.0 LOS F occurs when the volume-to-capacity ratio is very high, progression is very poor, and the cycle length islong. Most cycles fail to clear the queue.

Source: Highway Capacity Manual 7
th Edition, Transportation Research Board (2022)
Side-street Stop-controlled (SSSC) Intersections
The HCM analysis methodology for evaluating side-street stop-controlled (SSSC) intersections is based on gap acceptance and conflicting traffic for vehicles stopped on minor-street approaches. The critical gap (minimum gap that would be acceptable) is defined as the minimum time interval in the majorstreet traffic stream that allows intersection entry for one minor-street vehicle. Average control delay and LOS for the “worst approach” are reported. Level of service is not defined for the entire intersection. Table 2-3 summarizes the level of service criteria for unsignalized intersections.

ATTACHMENT C
338
Maverick Gas Station Methodologies
9 Table 2-3
Level of Service Criteria for Stop Controlled Unsignalized Intersections Average Control Delay (sec/veh) Level of Service (LOS)
<10.0 A

10.1 – 15.0 B

15.1 – 25.0 C

25.1 – 35.0 D

35.1 – 50.0 E
>50.0 F
Source: Highway Capacity Manual 7
th Edition, Transportation Research Board (2022)

ATTACHMENT C
339
Maverick Gas Station Existing Conditions (Year 2025)
10 3.0 EXISTING CONDITIONS (YEAR 2025)
This section documents the circulation system conditions within the study area of the project under the existing without and with project scenarios. The Existing Conditions (Year 2025) scenario is analyzed using existing volumes counts. This section also documents potential project related operational deficiencies on the existing local circulation networks. No network improvements are assumed under Existing Conditions scenarios.

ROADWAY NETWORK
The locally significant roadway located within the study area of the Project is discussed below.

Arch Airport Road is an east-west arterial that extends from SR-99 Interstate 5. The number of lanes on Arch Airport Road varies, with seven travel lanes including three through lanes in each direction and an eastbound auxiliary lane in the study area immediately west of SR-99 to Qantas Lane which transition to four travel lanes west of Qantas Lane. The posted speed limit on Arch Airport Road is 45 mph
Qantas Lane is a north-south local Street from Arch Airport Road in the area immediately west of SR99. The north section is a three-lane roadway that transitions into two lane roadway to the north where the southern segment is also a three-lane roadway that transitions to two lanes extending beyond the project site to the south.

Figures 3-1 and 3-2 show the City of Stockton Roadway Classification and Bicycle Network Maps.

TRAFFIC VOLUMES
The intersection turning movement counts were conducted during the weekday morning peak period from 7:00 AM to 9:00 AM and during the weekday evening peak period from 4:00 PM to 6:00 PM on January 30, 2025. Traffic count data is provided in Appendix A.

ANALYSIS RESULTS
Table 3-1 shows Existing Conditions intersection operation analysis results. Figure 3-3 shows Existing Conditions intersection turning movement volumes.

ATTACHMENT C
340
Maverick Gas Station Existing Conditions (Year 2025)
11 Table 3-1
Existing Conditions (Year 2025) Intersection Operation Analysis Intersection Traffic Control
Existing Without Project
Delay (a) LOS (b)
AM/PM Peak

1. SR-99 and Arch Airport Road Signalized 11.8/12.7 B/B

2. Qantas Lane and Arch Airport Road Signalized 14.5/12.2 B/B Notes:
(a) Delay refers to the average control delay for the entire intersection and control delay for the worst movement for SSSC intersections, measured in seconds per vehicle.
(b) LOS calculations are based on the methodology outlined in the Highway Capacity Manual 6th Edition and performed using Synchro 11 Per the analysis results shown in Table 3-1, all analyzed intersections are operating at an acceptable LOS under Existing Conditions. Existing Conditions peak hour analysis worksheets are provided in Appendix B.

ATTACHMENT C
341
Maverik Gas Station
Stockton Roadway Classification Map Figure 3-1

ATTACHMENT C
342
Maverik Gas Station
Stockton Bicycle Network Map Figure 3-2

ATTACHMENT C
343
Maverik Gas Station
Existing Peak Hour Intersection Volumes
Figure 3-3
(AM/PM) Peak Hour Volumes
LEGEND

ATTACHMENT C
344
Maverick Gas Station Opening Year 2027 Conditions
15 4.0 OPENING YEAR 2027 CONDITIONS
This section documents the circulation system conditions within the study area of the project under Opening Year 2027 Project scenarios. The Opening Year Conditions traffic volumes were developed by applying a 2% growth for two years to the Existing counts. Project traffic volumes are then added to the Opening Year Project Conditions traffic volumes to develop Opening Year with Project Conditions traffic volumes. No network improvements are assumed under Opening Year Condition scenarios.

ANALYSIS RESULTS
Table 4-1 shows Opening Year 2027 Conditions intersection operation analysis results. Figures 4-1 shows Opening Year 2027 with Project Conditions intersection turning movement volumes.

Table 4-1
Opening Year 2027 Conditions Intersection Operation Analysis Intersection Traffic Control
Opening Year
(With Project)
Operational
Deficiency?
Delay (a) LOS (b)
AM/PM Peak

1. SR-99 and Arch Airport Road Signalized 12.1/12.9 B/B N/N

2. Qantas Lane and Arch Airport Road Signalized 25.2/18.1 C/B N/N

3. Project Driveway and Arch Airport Road One-Way Stop 11.1/9.5 B/A N/N

4. Qantas Lane and Project Driveway One-Way Stop 9.3/9.3 A/A N/N Per the analysis results shown in Table 4-1, all analyzed intersections are operating at an acceptable LOS under Opening Year Conditions. Opening Year Project Conditions peak hour analysis worksheets are provided in Appendix C.

Table 4-2
Opening Year 2027 Driveway Vehicular Queueing Analysis
Intersection Movement
Stacking
Distance
(ft)
Queue (ft) Excess Demand

AM PM AM PM

4. Qantas Lane and Project
Driveway
SBL 100 45 50 - -
Per the analysis results shown in Table 4-2, the project access points will not experience vehicular excess demand. Queue worksheets are provided in Appendix D.

ATTACHMENT C
345
Maverik Gas Station
Opening Year 2027 Peak Hour
Intersection Volumes
Figure 3-3
(AM/PM) Peak Hour Volumes
LEGEND

ATTACHMENT C
346
Maverick Gas Station Conclusion
17 5.0 CONCLUSION
This Access Analysis evaluated the potential deficiencies related to the Project proposed access points and bounding intersections. An access and intersection operation analyses were conducted under Existing Year 2025 and Opening Year 2027 Project conditions. Based on the analysis, it was determined that all study access points and intersections are expected to operate at satisfactory LOS D or better during the weekday AM and PM peak hours under all analyzed conditions. Although the approved City-County precise road plan shows Arch Airport Road between Quantas Lane and SR99 as having four-lanes plus an auxiliary lane for the eastbound direction, the approved and certified project plans and traffic study for the State Route 99/Arch Road Interchange Reconstruction Project validated that three-lanes plus an auxiliary lane eastbound direction is adequate for future traffic growth. The proposed Maverick Gas Station study agrees with the SR99/Arch Road Interchange study.

ATTACHMENT C
347
APPENDIX A ‐

TRAFFIC VOLUME DATA

ATTACHMENT C
348
T112224
DATE: LOCATION: PROJECT #: SC5164
Thu, Jan 30, 25 NORTH & SOUTH: LOCATION #: 1
EAST & WEST: CONTROL: SIGNAL
NOTES: AM ▲
PM N
MD ◄ W E ►

OTHER S
OTHER ▼

NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND

NL NT NR SL ST SR EL ET ER WL WT WR TOTAL NB SB EB WB TTL LANES: 2 X 1 2 X 1 2 2 1 2 2 1 0 0 0 0
7:00 AM 65 0 52 86 0 109 20 75 39 34 53 39 572 0 1 0 0 1 7:15 AM 109 0 60 134 0 155 29 54 50 29 41 37 698 0 0 0 0 0 7:30 AM 94 0 50 102 0 141 50 74 56 34 44 51 696 2 1 0 0 3 7:45 AM 144 0 69 133 0 221 38 84 43 30 77 41 880 0 0 1 0 1 8:00 AM 100 0 53 94 0 232 83 83 46 22 34 56 803 1 2 0 0 3 8:15 AM 94 0 27 89 0 167 100 45 64 41 89 49 765 0 1 0 0 1 8:30 AM 66 0 25 63 0 115 71 64 58 34 61 62 619 1 0 0 0 1 8:45 AM 72 0 30 74 0 99 64 44 44 24 35 42 528 0 3 1 0 4 VOLUMES 744 0 366 775 0 1,239 455 523 400 248 434 377 5,575 4 8 2 0 14 APPROACH % 67% 0% 33% 38% 0% 61% 33% 38% 29% 23% 41% 36% APP/DEPART 1,114 / 840 2,022 / 652 1,380 / 1,664 1,059 / 2,419 0

BEGIN PEAK HR
VOLUMES 432 0 199 418 0 761 271 286 209 127 244 197 3,152 3 4 1 0 APPROACH % 68% 0% 31% 35% 0% 64% 35% 37% 27% 22% 43% 35% PEAK HR FACTOR 0.744 0.835 0.904 0.793 0.894
APP/DEPART 634 / 472 1,183 / 339 767 / 903 568 / 1,438 0 4:00 PM 46 0 37 35 0 55 143 31 150 63 75 106 741 0 2 0 0 2 4:15 PM 49 0 32 44 0 50 129 72 96 42 43 76 633 0 2 0 1 3 4:30 PM 67 0 40 45 0 58 157 60 140 55 74 127 823 2 1 1 0 4 4:45 PM 56 0 30 49 0 61 122 43 107 41 90 70 669 0 2 0 0 2 5:00 PM 54 0 32 37 0 46 144 58 124 42 48 69 654 0 1 1 0 2 5:15 PM 53 0 45 58 0 40 109 57 87 47 50 90 636 0 1 0 0 1 5:30 PM 47 0 42 57 0 37 73 75 72 46 92 116 657 0 0 1 1 2 5:45 PM 55 0 36 72 0 40 64 69 64 65 68 75 608 1 0 0 0 1 VOLUMES 427 0 294 397 0 387 941 465 840 401 540 729 5,438 3 9 3 2 17 APPROACH % 59% 0% 41% 50% 0% 49% 42% 21% 37% 24% 32% 44% APP/DEPART 724 / 1,679 793 / 1,244 2,249 / 1,158 1,672 / 1,357 0

BEGIN PEAK HR
VOLUMES 218 0 139 173 0 224 551 206 493 201 282 379 2,877 2 7 1 1 APPROACH % 61% 0% 39% 43% 0% 55% 44% 16% 39% 23% 33% 44% PEAK HR FACTOR 0.823 0.902 0.874 0.843 0.870
APP/DEPART 359 / 937 404 / 696 1,251 / 519 863 / 725 0
SR-99 Ramps

NORTH LEG
Arch Airport Rd WEST LEG EAST LEG Arch Airport Rd

SOUTH LEG
SR-99 Ramps

N LEG S LEG E LEG W LEG TOTAL N LEG S LEG E LEG W LEG TOTAL NL SL EL WL TOTAL 7:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
7:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
7:30 AM 1 0 0 0 1 1 0 0 0 1 0 0 0 0 0
7:45 AM 2 0 0 0 2 1 0 0 0 1 1 0 0 0 1
8:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
8:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
8:30 AM 2 1 0 0 3 2 0 0 0 2 0 1 0 0 1
8:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
TOTAL 5 1 0 0 6 4 0 0 0 4 1 1 0 0 2
BEGIN PEAK HR 2 0 0 0 2
4:00 PM 1 1 0 0 2 1 0 0 0 1 0 1 0 0 1
4:15 PM 1 0 0 0 1 0 0 0 0 0 1 0 0 0 1
4:30 PM 3 0 0 0 3 3 0 0 0 3 0 0 0 0 0
4:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
5:00 PM 2 0 0 0 2 0 0 0 0 0 2 0 0 0 2
5:15 PM 2 1 0 0 3 2 1 0 0 3 0 0 0 0 0
5:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
5:45 PM 2 0 0 0 2 2 0 0 0 2 0 0 0 0 0
TOTAL 11 2 0 0 13 8 1 0 0 9 3 1 0 0 4
4 0 0 0 4 AM PM AM
7:30 AM PM
4:00 PM
ALL PED + BIKE & SCOOTER
7:30 AM
BEGIN PEAK HR 4:00 PM

PEDESTRIAN CROSSINGS BICYCLE & SCOOTER CROSSINGS

U-TURNS
SR-99 Ramps SR-99 Ramps Arch Airport Rd Arch Rd

INTERSECTION TURNING MOVEMENT COUNTS
PREPARED BY: AimTD LLC. tel: 714 253 7888 [email protected]
Stockton
SR-99 Ramps
Arch Airport Rd

ATTACHMENT C
349
2,815 1,626 0 1,172 TOTAL 2,519
793 387 0 397 PM 1,679
2,022 1,239 0 775 AM 840 1,059 1,672 2,731 3,776 1,357 2,419 377 729 1,106 434 540 974 TOTAL PMAM248 401 649 1,396 941 455 AMPM TOTAL 988 465 523 1,240 840 400 1,664 1,158 2,822 3,629 2,249 1,380 652 AM 744 0 366 1,114
1,244 PM 427 0 294 724
1,896 TOTAL 1,171 0 660 1,838
1,587 985 0 591 TOTAL 1,409
404 224 0 173 PM 937
1,183 761 0 418 AM 472 568 863 1,431 2,163 725 1,438 197 379 576 244 282 526 TOTAL PMAMAM 7:30 AM 8:45 AM 127 201 328 822 551 271
#N/A AMPM TOTAL 492 206 286 PM 4:00 PM
5:45 PM 702 493 209 903 519 1,422 2,018 1,251 767
339 AM 432 0 199 634
696 PM 218 0 139 359
1,035 Total 650 0 338 993
SR-99 Ramps
SR-99 Ramps
SR-99 Ramps Arch Airport Rd Arch Rd

PEAK HOUR
AimTD LLC

TURNING MOVEMENT COUNTS
SR-99 Ramps Arch Airport Rd Arch Rd

ALL HOURS
Stockton
SC5164

ATTACHMENT C
350
US-99 SB On-Ramp
Stockton, CA
1/30/2025
Time Total Queue
7:00 AM
0 7:05 AM
0 7:10 AM
0 7:15 AM
0 7:20 AM
0 7:25 AM
0 7:30 AM
0 7:35 AM
0 7:40 AM
0 7:45 AM
0 7:50 AM
0 7:55 AM
0 8:00 AM
0 8:05 AM
0 8:10 AM
0 8:15 AM
0 8:20 AM
0 8:25 AM
0 8:30 AM
0 8:35 AM
0 8:40 AM
0 8:45 AM
0 8:50 AM
0 8:55 AM
0 Prepared by AimTD LLC
[email protected]
714.253.7888

ATTACHMENT C
351
T112224
DATE: LOCATION: PROJECT #: SC5164
Thu, Jan 30, 25 NORTH & SOUTH: LOCATION #: 2
EAST & WEST: CONTROL: SIGNAL
NOTES: AM ▲
PM N
MD ◄ W E ►

OTHER S
OTHER ▼

NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND

NL NT NR SL ST SR EL ET ER WL WT WR TOTAL NB SB EB WB TTL LANES: 2 2 1 1.5 1.5 0 2 3 1 2 2 1 0 0 0 0
7:00 AM 1 0 3 21 0 2 10 111 3 5 156 65 377 0 0 0 0 0
7:15 AM 0 0 2 27 0 10 24 102 1 5 186 111 468 0 0 0 2 2
7:30 AM 0 0 3 40 0 5 17 136 2 6 168 103 480 0 0 0 2 2
7:45 AM 2 0 1 39 1 9 23 123 1 3 256 181 639 0 0 0 3 3
8:00 AM 1 0 4 95 0 34 19 112 0 7 227 129 628 0 0 0 1 1
8:15 AM 0 0 3 98 0 34 21 107 1 4 241 103 612 0 0 0 2 2
8:30 AM 1 0 3 83 1 21 16 105 0 4 148 87 469 0 0 0 3 3
8:45 AM 0 0 1 39 0 21 16 109 0 5 129 67 387 0 0 0 4 4
VOLUMES 5 0 20 442 2 136 146 905 8 39 1,511 846 4,077 0 0 0 17 17 APPROACH % 20% 0% 80% 76% 0% 23% 14% 85% 1% 2% 63% 35%
APP/DEPART 25 / 992 580 / 49 1,059 / 1,384 2,413 / 1,652 0

BEGIN PEAK HR
VOLUMES 3 0 11 272 1 82 80 478 4 20 892 516 2,367 0 0 0 8 APPROACH % 21% 0% 79% 77% 0% 23% 14% 85% 1% 1% 62% 36%
PEAK HR FACTOR 0.700 0.672 0.906 0.810 0.922
APP/DEPART 14 / 596 355 / 25 562 / 769 1,436 / 977 0
4:00 PM 3 0 5 108 0 27 5 209 0 0 133 41 531 0 0 0 2 2
4:15 PM 4 0 5 86 0 17 14 208 0 0 101 39 474 0 0 1 0 1
4:30 PM 2 0 9 130 0 29 12 218 0 0 129 68 597 0 0 0 1 1
4:45 PM 0 0 0 68 0 24 5 203 0 0 145 58 503 0 0 0 2 2
5:00 PM 0 0 8 118 0 47 12 202 0 2 111 36 536 0 0 0 0 0
5:15 PM 0 0 3 67 0 22 6 182 0 1 103 37 421 0 0 0 1 1
5:30 PM 0 0 0 77 0 15 7 143 0 0 147 28 417 0 0 0 1 1
5:45 PM 0 0 4 37 0 17 7 157 0 0 130 32 384 0 0 0 1 1
VOLUMES 9 0 34 691 0 198 68 1,522 0 3 999 339 3,872 0 0 1 8 9 APPROACH % 21% 0% 79% 78% 0% 22% 4% 96% 0% 0% 74% 25%
APP/DEPART 43 / 407 889 / 3 1,591 / 2,255 1,349 / 1,207 0

BEGIN PEAK HR
VOLUMES 6 0 22 402 0 117 43 831 0 2 486 201 2,114 0 0 1 3 APPROACH % 21% 0% 79% 77% 0% 23% 5% 95% 0% 0% 70% 29%
PEAK HR FACTOR 0.636 0.786 0.951 0.844 0.884
APP/DEPART 28 / 244 519 / 2 875 / 1,258 692 / 610 0
Qantas Ln

NORTH LEG
Arch Airport Rd WEST LEG EAST LEG Arch Airport Rd

SOUTH LEG
Qantas Ln

N LEG S LEG E LEG W LEG TOTAL N LEG S LEG E LEG W LEG TOTAL NL SL EL WL TOTAL 7:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
7:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
7:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
7:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
8:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
8:15 AM 1 0 0 0 1 1 0 0 0 1 0 0 0 0 0
8:30 AM 0 1 0 0 1 0 0 0 0 0 0 1 0 0 1
8:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
TOTAL 1 1 0 0 2 1 0 0 0 1 0 1 0 0 1
BEGIN PEAK HR 1 0 0 0 1
4:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
4:15 PM 1 0 0 0 1 1 0 0 0 1 0 0 0 0 0
4:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
4:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
5:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
5:15 PM 0 1 0 0 1 0 1 0 0 1 0 0 0 0 0
5:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
5:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
TOTAL 1 1 0 0 2 1 1 0 0 2 0 0 0 0 0
1 0 0 0 1

INTERSECTION TURNING MOVEMENT COUNTS
PREPARED BY: AimTD LLC. tel: 714 253 7888 [email protected]
Stockton
Qantas Ln
Arch Airport Rd
BEGIN PEAK HR 4:15 PM

PEDESTRIAN CROSSINGS BICYCLE & SCOOTER CROSSINGS

U-TURNS
Qantas Ln Qantas Ln Arch Airport Rd Arch Airport Rd AM PM AM 7:30 AM PM
4:15 PM
ALL PED + BIKE & SCOOTER
7:30 AM

ATTACHMENT C
352
1,469 334 2 1,133 TOTAL 1,399
889 198 0 691 PM 407
580 136 2 442 AM 992 2,413 1,349 3,762 2,859 1,207 1,652 846 339 1,185 1,511 999 2,510 TOTAL PMAM39 3 42 214 68 146 AMPM TOTAL 2,427 1,522 905 8 0 8 1,384 2,255 3,639 2,650 1,591 1,059 49 AM 5 0 20 25
3 PM 9 0 34 43
52 TOTAL 14 0 54 68
874 199 1 674 TOTAL 840
519 117 0 402 PM 244
355 82 1 272 AM 596 1,436 692 2,128 1,587 610 977 516 201 717 892 486 1,378 TOTAL PMAMAM 7:30 AM 8:45 AM 20 2 22 123 43 80
#N/A AMPM TOTAL 1,309 831 478 PM 4:15 PM
5:45 PM 4 0 4 769 1,258 2,027 1,437 875 562
25 AM 3 0 11 14
2 PM 6 0 22 28
27 Total 9 0 33 42
AimTD LLC

TURNING MOVEMENT COUNTS
Qantas Ln Arch Airport RdArch Airport Rd ALL HOURS
Stockton
SC5164
Qantas Ln
Qantas Ln
Qantas Ln Arch Airport RdArch Airport Rd

PEAK HOUR

ATTACHMENT C
353
APPENDIX B ‐

EXISTING CONDITIONS PEAK HOUR INTERSECTION ANALYSIS WORKSHEETS

ATTACHMENT C
354
HCM 6th Signalized Intersection Summary Maverik Gas Station 1: Arch Airport Road & SR-99 02/08/2025
Existing Year 2025 Synchro 11 Report
Timing Plan: AM Peak
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations
Traffic Volume (veh/h) 271 286 209 127 244 197 432 0 199 418 0 761 Future Volume (veh/h) 271 286 209 127 244 197 432 0 199 418 0 761 Initial Q (Qb), veh 0 0 0 0 0 0 0 0 0 0 0 0
Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No
Adj Sat Flow, veh/h/ln 1767 1767 1767 1767 1767 1767 1767 1767 1767 1767 1767 1767 Adj Flow Rate, veh/h 304 321 0 143 274 0 485 0 0 470 0 0 Peak Hour Factor 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 Percent Heavy Veh, % 9 9 9 9 9 9 9 9 9 9 9 9
Cap, veh/h 488 832 358 699 1170 504 1170 504
Arrive On Green 0.15 0.25 0.00 0.11 0.21 0.00 0.29 0.00 0.00 0.29 0.00 0.00 Sat Flow, veh/h 3264 3357 1497 3264 3357 1497 2597 1767 0 2597 1767 0 Grp Volume(v), veh/h 304 321 0 143 274 0 485 0 0 470 0 0 Grp Sat Flow(s),veh/h/ln 1632 1678 1497 1632 1678 1497 1299 1767 0 1299 1767 0 Q Serve(g_s), s 2.9 2.7 0.0 1.4 2.4 0.0 5.5 0.0 0.0 5.3 0.0 0.0 Cycle Q Clear(g_c), s 2.9 2.7 0.0 1.4 2.4 0.0 5.5 0.0 0.0 5.3 0.0 0.0 Prop In Lane 1.00 1.00 1.00 1.00 1.00 0.00 1.00 0.00
Lane Grp Cap(c), veh/h 488 832 358 699 1170 504 1170 504 V/C Ratio(X) 0.62 0.39 0.40 0.39 0.41 0.00 0.40 0.00
Avail Cap(c_a), veh/h 874 1198 485 799 5141 3205 5141 3205 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1.00 1.00 0.00 1.00 1.00 0.00 1.00 0.00 0.00 1.00 0.00 0.00 Uniform Delay (d), s/veh 13.4 10.5 0.0 13.9 11.5 0.0 10.6 0.0 0.0 10.5 0.0 0.0 Incr Delay (d2), s/veh 1.3 0.3 0.0 0.7 0.4 0.0 0.2 0.0 0.0 0.2 0.0 0.0 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 0.8 0.6 0.0 0.4 0.6 0.0 1.2 0.0 0.0 1.1 0.0 0.0 Unsig. Movement Delay, s/veh
LnGrp Delay(d),s/veh 14.7 10.8 0.0 14.7 11.8 0.0 10.8 0.0 0.0 10.7 0.0 0.0 LnGrp LOS B B B B B A B A
Approach Vol, veh/h 625 417 485 470
Approach Delay, s/veh 12.7 12.8 10.8 10.7
Approach LOS B B B B
Timer - Assigned Phs 2 3 4 6 7 8
Phs Duration (G+Y+Rc), s 13.6 7.7 12.3 13.6 9.0 11.0
Change Period (Y+Rc), s 4.0 4.0 4.0 4.0 4.0 4.0
Max Green Setting (Gmax), s 61.0 5.0 12.0 61.0 9.0 8.0
Max Q Clear Time (g_c+I1), s 7.5 3.4 4.7 7.3 4.9 4.4
Green Ext Time (p_c), s 2.1 0.1 1.0 2.0 0.4 0.5
Intersection Summary
HCM 6th Ctrl Delay 11.8
HCM 6th LOS B
Notes
Unsignalized Delay for [NBR, EBR, WBR, SBR] is excluded from calculations of the approach delay and intersection delay.

ATTACHMENT C
355
HCM 6th Signalized Intersection Summary Maverik Gas Station 2: Qantas Lane & Arch Airport Road 02/08/2025
Existing Year 2025 Synchro 11 Report
Timing Plan: AM Peak
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations
Traffic Volume (veh/h) 80 478 4 20 892 516 3 0 11 272 1 82 Future Volume (veh/h) 80 478 4 20 892 516 3 0 11 272 1 82 Initial Q (Qb), veh 0 0 0 0 0 0 0 0 0 0 0 0
Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No
Adj Sat Flow, veh/h/ln 1781 1781 1781 1781 1781 1781 1781 1781 1781 1781 1781 1781 Adj Flow Rate, veh/h 87 520 0 22 970 561 3 0 0 296 1 89 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Percent Heavy Veh, % 8 8 8 8 8 8 8 8 8 8 8 8
Cap, veh/h 237 2346 87 1479 660 19 19 499 2 220
Arrive On Green 0.07 0.48 0.00 0.03 0.44 0.44 0.01 0.00 0.00 0.15 0.15 0.15 Sat Flow, veh/h 3291 4863 1510 3291 3385 1510 3291 3385 1510 3393 17 1495 Grp Volume(v), veh/h 87 520 0 22 970 561 3 0 0 296 0 90 Grp Sat Flow(s),veh/h/ln 1646 1621 1510 1646 1692 1510 1646 1692 1510 1697 0 1512 Q Serve(g_s), s 1.2 2.9 0.0 0.3 10.7 15.7 0.0 0.0 0.0 3.9 0.0 2.6 Cycle Q Clear(g_c), s 1.2 2.9 0.0 0.3 10.7 15.7 0.0 0.0 0.0 3.9 0.0 2.6 Prop In Lane 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.99
Lane Grp Cap(c), veh/h 237 2346 87 1479 660 19 19 499 0 222 V/C Ratio(X) 0.37 0.22 0.25 0.66 0.85 0.16 0.00 0.59 0.00 0.40 Avail Cap(c_a), veh/h 348 2346 348 1574 702 557 572 646 0 288 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1.00 1.00 0.00 1.00 1.00 1.00 1.00 0.00 0.00 1.00 0.00 1.00 Uniform Delay (d), s/veh 20.9 7.1 0.0 22.6 10.5 11.9 23.4 0.0 0.0 18.9 0.0 18.3 Incr Delay (d2), s/veh 0.9 0.0 0.0 1.5 0.9 9.3 3.9 0.0 0.0 1.1 0.0 1.2 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 0.4 0.6 0.0 0.1 2.8 5.1 0.0 0.0 0.0 1.4 0.0 0.9 Unsig. Movement Delay, s/veh
LnGrp Delay(d),s/veh 21.9 7.1 0.0 24.1 11.4 21.3 27.3 0.0 0.0 20.0 0.0 19.5 LnGrp LOS C A C B C C A B A B
Approach Vol, veh/h 607 1553 3 386
Approach Delay, s/veh 9.3 15.2 27.3 19.9
Approach LOS A B C B
Timer - Assigned Phs 2 3 4 6 7 8
Phs Duration (G+Y+Rc), s 4.3 5.3 26.8 11.0 7.4 24.7
Change Period (Y+Rc), s 4.0 4.0 4.0 4.0 4.0 4.0
Max Green Setting (Gmax), s 8.0 5.0 22.0 9.0 5.0 22.0
Max Q Clear Time (g_c+I1), s 2.0 2.3 4.9 5.9 3.2 17.7
Green Ext Time (p_c), s 0.0 0.0 2.9 0.5 0.0 2.9
Intersection Summary
HCM 6th Ctrl Delay 14.5
HCM 6th LOS B
Notes
User approved volume balancing among the lanes for turning movement.

Unsignalized Delay for [NBR, EBR] is excluded from calculations of the approach delay and intersection delay.

ATTACHMENT C
356
HCM 6th Signalized Intersection Summary Maverik Gas Station 1: Arch Airport Road & SR-99 02/08/2025
Existing Year 2025 Synchro 11 Report
Timing Plan: PM Peak
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations
Traffic Volume (veh/h) 551 206 493 201 282 379 218 0 139 173 0 224 Future Volume (veh/h) 551 206 493 201 282 379 218 0 139 173 0 224 Initial Q (Qb), veh 0 0 0 0 0 0 0 0 0 0 0 0
Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No
Adj Sat Flow, veh/h/ln 1767 1767 1767 1767 1767 1767 1767 1767 1767 1767 1767 1767 Adj Flow Rate, veh/h 633 237 0 231 324 0 251 0 0 199 0 0 Peak Hour Factor 0.87 0.87 0.87 0.87 0.87 0.87 0.87 0.87 0.87 0.87 0.87 0.87 Percent Heavy Veh, % 9 9 9 9 9 9 9 9 9 9 9 9
Cap, veh/h 893 1154 411 659 907 343 907 343
Arrive On Green 0.27 0.34 0.00 0.13 0.20 0.00 0.19 0.00 0.00 0.19 0.00 0.00 Sat Flow, veh/h 3264 3357 1497 3264 3357 1497 2597 1767 0 2597 1767 0 Grp Volume(v), veh/h 633 237 0 231 324 0 251 0 0 199 0 0 Grp Sat Flow(s),veh/h/ln 1632 1678 1497 1632 1678 1497 1299 1767 0 1299 1767 0 Q Serve(g_s), s 6.2 1.8 0.0 2.4 3.1 0.0 3.1 0.0 0.0 2.4 0.0 0.0 Cycle Q Clear(g_c), s 6.2 1.8 0.0 2.4 3.1 0.0 3.1 0.0 0.0 2.4 0.0 0.0 Prop In Lane 1.00 1.00 1.00 1.00 1.00 0.00 1.00 0.00
Lane Grp Cap(c), veh/h 893 1154 411 659 907 343 907 343 V/C Ratio(X) 0.71 0.21 0.56 0.49 0.28 0.00 0.22 0.00
Avail Cap(c_a), veh/h 1464 2352 640 1505 1569 792 1569 792 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1.00 1.00 0.00 1.00 1.00 0.00 1.00 0.00 0.00 1.00 0.00 0.00 Uniform Delay (d), s/veh 11.7 8.3 0.0 14.7 12.8 0.0 12.8 0.0 0.0 12.6 0.0 0.0 Incr Delay (d2), s/veh 1.1 0.1 0.0 1.2 0.6 0.0 0.2 0.0 0.0 0.1 0.0 0.0 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 1.6 0.4 0.0 0.7 0.8 0.0 0.7 0.0 0.0 0.6 0.0 0.0 Unsig. Movement Delay, s/veh
LnGrp Delay(d),s/veh 12.7 8.4 0.0 15.9 13.3 0.0 13.0 0.0 0.0 12.7 0.0 0.0 LnGrp LOS B A B B B A B A
Approach Vol, veh/h 870 555 251 199
Approach Delay, s/veh 11.5 14.4 13.0 12.7
Approach LOS B B B B
Timer - Assigned Phs 2 3 4 6 7 8
Phs Duration (G+Y+Rc), s 10.9 8.5 16.3 10.9 13.8 11.0
Change Period (Y+Rc), s 4.0 4.0 4.0 4.0 4.0 4.0
Max Green Setting (Gmax), s 16.0 7.0 25.0 16.0 16.0 16.0 Max Q Clear Time (g_c+I1), s 5.1 4.4 3.8 4.4 8.2 5.1
Green Ext Time (p_c), s 0.7 0.2 1.3 0.5 1.5 1.3
Intersection Summary
HCM 6th Ctrl Delay 12.7
HCM 6th LOS B
Notes
Unsignalized Delay for [NBR, EBR, WBR, SBR] is excluded from calculations of the approach delay and intersection delay.

ATTACHMENT C
357
HCM 6th Signalized Intersection Summary Maverik Gas Station 2: Qantas Lane & Arch Airport Road 02/08/2025
Existing Year 2025 Synchro 11 Report
Timing Plan: PM Peak
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations
Traffic Volume (veh/h) 43 831 0 2 486 201 6 0 22 402 0 117 Future Volume (veh/h) 43 831 0 2 486 201 6 0 22 402 0 117 Initial Q (Qb), veh 0 0 0 0 0 0 0 0 0 0 0 0
Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No
Adj Sat Flow, veh/h/ln 1767 1767 1767 1767 1767 1767 1767 1767 1767 1767 1767 1767 Adj Flow Rate, veh/h 49 944 0 2 552 228 7 0 0 457 0 133 Peak Hour Factor 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 Percent Heavy Veh, % 9 9 9 9 9 9 9 9 9 9 9 9
Cap, veh/h 175 1560 9 915 408 43 44 761 0 338
Arrive On Green 0.05 0.32 0.00 0.00 0.27 0.27 0.01 0.00 0.00 0.23 0.00 0.23 Sat Flow, veh/h 3264 4823 1497 3264 3357 1497 3264 3357 1497 3365 0 1497 Grp Volume(v), veh/h 49 944 0 2 552 228 7 0 0 457 0 133 Grp Sat Flow(s),veh/h/ln 1632 1608 1497 1632 1678 1497 1632 1678 1497 1682 0 1497 Q Serve(g_s), s 0.5 6.1 0.0 0.0 5.3 4.8 0.1 0.0 0.0 4.5 0.0 2.8 Cycle Q Clear(g_c), s 0.5 6.1 0.0 0.0 5.3 4.8 0.1 0.0 0.0 4.5 0.0 2.8 Prop In Lane 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
Lane Grp Cap(c), veh/h 175 1560 9 915 408 43 44 761 0 338 V/C Ratio(X) 0.28 0.61 0.22 0.60 0.56 0.16 0.00 0.60 0.00 0.39 Avail Cap(c_a), veh/h 443 2096 443 1459 651 621 638 1462 0 651 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1.00 1.00 0.00 1.00 1.00 1.00 1.00 0.00 0.00 1.00 0.00 1.00 Uniform Delay (d), s/veh 16.7 10.5 0.0 18.3 11.7 11.5 18.0 0.0 0.0 12.8 0.0 12.1 Incr Delay (d2), s/veh 0.9 0.4 0.0 12.0 0.6 1.2 1.8 0.0 0.0 0.8 0.0 0.7 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 0.2 1.4 0.0 0.0 1.4 1.2 0.0 0.0 0.0 1.4 0.0 0.8 Unsig. Movement Delay, s/veh
LnGrp Delay(d),s/veh 17.6 10.9 0.0 30.3 12.3 12.7 19.7 0.0 0.0 13.5 0.0 12.8 LnGrp LOS B B C B B B A B A B
Approach Vol, veh/h 993 782 7 590
Approach Delay, s/veh 11.2 12.5 19.7 13.4
Approach LOS B B B B
Timer - Assigned Phs 2 3 4 6 7 8
Phs Duration (G+Y+Rc), s 4.5 4.1 15.9 12.3 6.0 14.0
Change Period (Y+Rc), s 4.0 4.0 4.0 4.0 4.0 4.0
Max Green Setting (Gmax), s 7.0 5.0 16.0 16.0 5.0 16.0
Max Q Clear Time (g_c+I1), s 2.1 2.0 8.1 6.5 2.5 7.3
Green Ext Time (p_c), s 0.0 0.0 3.6 1.9 0.0 2.8
Intersection Summary
HCM 6th Ctrl Delay 12.2
HCM 6th LOS B
Notes
User approved volume balancing among the lanes for turning movement.

Unsignalized Delay for [NBR, EBR] is excluded from calculations of the approach delay and intersection delay.

ATTACHMENT C
358
APPENDIX C ‐
PROJECT COMPLETION YEAR 2027 CONDITIONS PEAK HOUR INTERSECTION ANALYSIS

WORKSHEETS

ATTACHMENT C
359
HCM 7th Signalized Intersection Summary Maverik Gas Station 1: Arch Airport Road & SR-99 09/26/2025
Project Completion Year 2027 Synchro 11 Report
Timing Plan: AM Peak
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations
Traffic Volume (veh/h) 290 319 225 132 275 205 457 0 207 435 0 800 Future Volume (veh/h) 290 319 225 132 275 205 457 0 207 435 0 800 Initial Q (Qb), veh 0 0 0 0 0 0 0 0 0 0 0 0
Lane Width Adj. 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No
Adj Sat Flow, veh/h/ln 1767 1767 1767 1767 1767 1767 1767 1767 1767 1767 1767 1767 Adj Flow Rate, veh/h 326 358 0 148 309 0 513 0 0 489 0 0 Peak Hour Factor 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 0.89 Percent Heavy Veh, % 9 9 9 9 9 9 9 9 9 9 9 9
Cap, veh/h 502 829 358 681 1185 522 1185 522
Arrive On Green 0.15 0.25 0.00 0.11 0.20 0.00 0.30 0.00 0.00 0.30 0.00 0.00 Sat Flow, veh/h 3264 3357 1497 3264 3357 1497 2597 1767 0 2597 1767 0 Grp Volume(v), veh/h 326 358 0 148 309 0 513 0 0 489 0 0 Grp Sat Flow(s),veh/h/ln 1632 1678 1497 1632 1678 1497 1299 1767 0 1299 1767 0 Q Serve(g_s), s 3.2 3.1 0.0 1.5 2.8 0.0 6.0 0.0 0.0 5.6 0.0 0.0 Cycle Q Clear(g_c), s 3.2 3.1 0.0 1.5 2.8 0.0 6.0 0.0 0.0 5.6 0.0 0.0 Prop In Lane 1.00 1.00 1.00 1.00 1.00 0.00 1.00 0.00
Lane Grp Cap(c), veh/h 502 829 358 681 1185 522 1185 522 V/C Ratio(X) 0.65 0.43 0.41 0.45 0.43 0.00 0.41 0.00
Avail Cap(c_a), veh/h 757 1070 473 778 5083 3173 5083 3173 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1.00 1.00 0.00 1.00 1.00 0.00 1.00 0.00 0.00 1.00 0.00 0.00 Uniform Delay (d), s/veh 13.7 11.0 0.0 14.3 12.1 0.0 10.7 0.0 0.0 10.5 0.0 0.0 Incr Delay (d2), s/veh 1.4 0.4 0.0 0.8 0.5 0.0 0.3 0.0 0.0 0.2 0.0 0.0 Initial Q Delay(d3), s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 0.9 0.8 0.0 0.4 0.7 0.0 1.3 0.0 0.0 1.2 0.0 0.0 Unsig. Movement Delay, s/veh
LnGrp Delay(d), s/veh 15.1 11.3 0.0 15.1 12.6 0.0 10.9 0.0 0.0 10.8 0.0 0.0 LnGrp LOS B B B B B B
Approach Vol, veh/h 684 457 513 489
Approach Delay, s/veh 13.1 13.4 10.9 10.8
Approach LOS B B B B
Timer - Assigned Phs 2 3 4 6 7 8
Phs Duration (G+Y+Rc), s 14.2 7.8 12.5 14.2 9.3 11.0
Change Period (Y+Rc), s 4.0 4.0 4.0 4.0 4.0 4.0
Max Green Setting (Gmax), s 62.0 5.0 11.0 62.0 8.0 8.0
Max Q Clear Time (g_c+I1), s 8.0 3.5 5.1 7.6 5.2 4.8
Green Ext Time (p_c), s 2.2 0.1 1.0 2.1 0.3 0.5
Intersection Summary
HCM 7th Control Delay, s/veh 12.1
HCM 7th LOS B
Notes
Unsignalized Delay for [NBR, EBR, WBR, SBR] is excluded from calculations of the approach delay and intersection delay.

ATTACHMENT C
360
HCM 7th Signalized Intersection Summary Maverik Gas Station 2: Qantas Lane & Arch Airport Road 09/26/2025
Project Completion Year 2027 Synchro 11 Report
Timing Plan: AM Peak
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations
Traffic Volume (veh/h) 83 391 143 178 809 537 142 52 11 243 53 85 Future Volume (veh/h) 83 391 143 178 809 537 142 52 11 243 53 85 Initial Q (Qb), veh 0 0 0 0 0 0 0 0 0 0 0 0
Lane Width Adj. 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No
Adj Sat Flow, veh/h/ln 1781 1781 1781 1781 1781 1781 1781 1781 1781 1781 1781 1781 Adj Flow Rate, veh/h 90 425 0 193 879 584 154 57 0 264 58 92 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Percent Heavy Veh, % 8 8 8 8 8 8 8 8 8 8 8 8
Cap, veh/h 222 1806 295 1332 594 397 408 449 82 130
Arrive On Green 0.07 0.37 0.00 0.09 0.39 0.39 0.12 0.12 0.00 0.13 0.13 0.13 Sat Flow, veh/h 3291 4863 1510 3291 3385 1510 3291 3385 1510 3393 620 984 Grp Volume(v), veh/h 90 425 0 193 879 584 154 57 0 264 0 150 Grp Sat Flow(s),veh/h/ln 1646 1621 1510 1646 1692 1510 1646 1692 1510 1697 0 1604 Q Serve(g_s), s 1.5 3.4 0.0 3.2 11.9 21.4 2.4 0.8 0.0 4.1 0.0 5.0 Cycle Q Clear(g_c), s 1.5 3.4 0.0 3.2 11.9 21.4 2.4 0.8 0.0 4.1 0.0 5.0 Prop In Lane 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.61
Lane Grp Cap(c), veh/h 222 1806 295 1332 594 397 408 449 0 212 V/C Ratio(X) 0.41 0.24 0.65 0.66 0.98 0.39 0.14 0.59 0.00 0.71 Avail Cap(c_a), veh/h 294 1806 412 1332 594 471 484 546 0 258 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1.00 1.00 0.00 1.00 1.00 1.00 1.00 1.00 0.00 1.00 0.00 1.00 Uniform Delay (d), s/veh 25.0 12.1 0.0 24.6 13.9 16.8 22.7 22.0 0.0 22.8 0.0 23.2 Incr Delay (d2), s/veh 1.2 0.1 0.0 2.5 1.2 32.4 0.6 0.2 0.0 1.2 0.0 6.7 Initial Q Delay(d3), s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 0.5 1.0 0.0 1.2 3.7 10.9 0.9 0.3 0.0 1.6 0.0 2.1 Unsig. Movement Delay, s/veh
LnGrp Delay(d), s/veh 26.2 12.2 0.0 27.1 15.1 49.2 23.3 22.1 0.0 24.0 0.0 29.9 LnGrp LOS C B C B D C C C C
Approach Vol, veh/h 515 1656 211 414
Approach Delay, s/veh 14.6 28.5 23.0 26.2
Approach LOS B C C C
Timer - Assigned Phs 2 3 4 6 7 8
Phs Duration (G+Y+Rc), s 10.7 9.0 24.8 11.4 7.8 26.0
Change Period (Y+Rc), s 4.0 4.0 4.0 4.0 4.0 4.0
Max Green Setting (Gmax), s 8.0 7.0 20.0 9.0 5.0 22.0
Max Q Clear Time (g_c+I1), s 4.4 5.2 5.4 7.0 3.5 23.4
Green Ext Time (p_c), s 0.3 0.1 2.2 0.4 0.0 0.0
Intersection Summary
HCM 7th Control Delay, s/veh 25.2
HCM 7th LOS C
Notes
User approved volume balancing among the lanes for turning movement.

Unsignalized Delay for [NBR, EBR] is excluded from calculations of the approach delay and intersection delay.

ATTACHMENT C
361
HCM Unsignalized Intersection Capacity Analysis Maverik Gas Station 3: Project Driveway & Arch Airport Road 09/26/2025
Project Completion Year 2027 Synchro 11 Report
Timing Plan: AM Peak
Movement EBT EBR WBL WBT NBL NBR
Lane Configurations
Traffic Volume (veh/h) 792 0 0 1524 0 157
Future Volume (Veh/h) 792 0 0 1524 0 157
Sign Control Free Free Stop
Grade 0% 0% 0%
Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92
Hourly flow rate (vph) 861 0 0 1657 0 171
Pedestrians
Lane Width (ft)
Walking Speed (ft/s)
Percent Blockage
Right turn flare (veh)
Median type None None
Median storage veh)
Upstream signal (ft) 379
pX, platoon unblocked 1.00 1.00 1.00
vC, conflicting volume 861 1413 215
vC1, stage 1 conf vol
vC2, stage 2 conf vol
vCu, unblocked vol 859 1412 213
tC, single (s) 4.3 7.0 7.1
tC, 2 stage (s)
tF (s) 2.3 3.6 3.4
p0 queue free % 100 100 78
cM capacity (veh/h) 740 122 773
Direction, Lane # EB 1 EB 2 EB 3 EB 4 WB 1 WB 2 WB 3 NB 1 Volume Total 215 215 215 215 552 552 552 171
Volume Left 0 0 0 0 0 0 0 0
Volume Right 0 0 0 0 0 0 0 171
cSH 1700 1700 1700 1700 1700 1700 1700 773
Volume to Capacity 0.13 0.13 0.13 0.13 0.32 0.32 0.32 0.22 Queue Length 95th (ft) 0 0 0 0 0 0 0 21
Control Delay (s/veh) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 11.0
Lane LOS B
Approach Delay (s/veh) 0.0 0.0 11.0
Approach LOS B
Intersection Summary
Average Delay 0.7
Intersection Capacity Utilization 32.8% ICU Level of Service A Analysis Period (min) 15

ATTACHMENT C
362
HCM 7th TWSC Maverik Gas Station
4: Qantas Lane & Project Driveway 09/26/2025
Project Completion Year 2027 Synchro 11 Report
Timing Plan: AM Peak
Intersection
Int Delay, s/veh 7.9
Movement WBL WBR NBT NBR SBL SBT
Lane Configurations
Traffic Vol, veh/h 0 191 15 0 348 26
Future Vol, veh/h 0 191 15 0 348 26
Conflicting Peds, #/hr 0 0 0 0 0 0
Sign Control Stop Stop Free Free Free Free
RT Channelized - None - None - None
Storage Length 0 0 - - 100 -
Veh in Median Storage, # 0 - 0 - - 0
Grade, % 0 - 0 - - 0
Peak Hour Factor 92 92 92 92 92 92
Heavy Vehicles, % 8 8 8 8 8 8
Mvmt Flow 0 208 16 0 378 28
Major/Minor Minor1 Major1 Major2
Conflicting Flow All 787 16 0 0 16 0
Stage 1 16 - - - - -
Stage 2 771 - - - - -
Critical Hdwy 6.72 6.32 - - 4.22 -
Critical Hdwy Stg 1 5.52 - - - - -
Critical Hdwy Stg 2 5.92 - - - - -
Follow-up Hdwy 3.576 3.376 - - 2.276 -
Pot Cap-1 Maneuver 334 1044 - - 1560 -
Stage 1 990 - - - - -
Stage 2 406 - - - - -
Platoon blocked, % - - -
Mov Cap-1 Maneuver 253 1044 - - 1560 -
Mov Cap-2 Maneuver 253 - - - - -
Stage 1 990 - - - - -
Stage 2 307 - - - - -
Approach WB NB SB
HCM Ctrl Dly, s/v 9.3 0 7.49

HCM LOS A
Minor Lane/Major Mvmt NBT NBRWBLn1WBLn2 SBL SBT
Capacity (veh/h) - - - 1044 1560 -
HCM Lane V/C Ratio - - - 0.199 0.243 -
HCM Ctrl Dly (s/v) - - 0 9.3 8 -
HCM Lane LOS - - A A A -
HCM 95th %tile Q(veh) - - - 0.7 1 -

ATTACHMENT C
363
HCM 7th Signalized Intersection Summary Maverik Gas Station 1: Arch Airport Road & SR-99 09/26/2025
Project Completion Year 2027 Synchro 11 Report
Timing Plan: PM Peak
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations
Traffic Volume (veh/h) 580 233 520 209 312 394 234 0 145 180 0 240 Future Volume (veh/h) 580 233 520 209 312 394 234 0 145 180 0 240 Initial Q (Qb), veh 0 0 0 0 0 0 0 0 0 0 0 0
Lane Width Adj. 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No
Adj Sat Flow, veh/h/ln 1767 1767 1767 1767 1767 1767 1767 1767 1767 1767 1767 1767 Adj Flow Rate, veh/h 667 268 0 240 359 0 269 0 0 207 0 0 Peak Hour Factor 0.87 0.87 0.87 0.87 0.87 0.87 0.87 0.87 0.87 0.87 0.87 0.87 Percent Heavy Veh, % 9 9 9 9 9 9 9 9 9 9 9 9
Cap, veh/h 923 1177 411 650 897 339 897 339
Arrive On Green 0.28 0.35 0.00 0.13 0.19 0.00 0.19 0.00 0.00 0.19 0.00 0.00 Sat Flow, veh/h 3264 3357 1497 3264 3357 1497 2597 1767 0 2597 1767 0 Grp Volume(v), veh/h 667 268 0 240 359 0 269 0 0 207 0 0 Grp Sat Flow(s),veh/h/ln 1632 1678 1497 1632 1678 1497 1299 1767 0 1299 1767 0 Q Serve(g_s), s 6.7 2.0 0.0 2.5 3.5 0.0 3.4 0.0 0.0 2.5 0.0 0.0 Cycle Q Clear(g_c), s 6.7 2.0 0.0 2.5 3.5 0.0 3.4 0.0 0.0 2.5 0.0 0.0 Prop In Lane 1.00 1.00 1.00 1.00 1.00 0.00 1.00 0.00
Lane Grp Cap(c), veh/h 923 1177 411 650 897 339 897 339 V/C Ratio(X) 0.72 0.23 0.58 0.55 0.30 0.00 0.23 0.00
Avail Cap(c_a), veh/h 1444 2320 632 1485 1547 781 1547 781 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1.00 1.00 0.00 1.00 1.00 0.00 1.00 0.00 0.00 1.00 0.00 0.00 Uniform Delay (d), s/veh 11.7 8.3 0.0 14.9 13.2 0.0 13.2 0.0 0.0 12.8 0.0 0.0 Incr Delay (d2), s/veh 1.1 0.1 0.0 1.3 0.7 0.0 0.2 0.0 0.0 0.1 0.0 0.0 Initial Q Delay(d3), s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 1.7 0.4 0.0 0.8 1.0 0.0 0.8 0.0 0.0 0.6 0.0 0.0 Unsig. Movement Delay, s/veh
LnGrp Delay(d), s/veh 12.8 8.4 0.0 16.2 13.9 0.0 13.4 0.0 0.0 13.0 0.0 0.0 LnGrp LOS B A B B B B
Approach Vol, veh/h 935 599 269 207
Approach Delay, s/veh 11.5 14.8 13.4 13.0
Approach LOS B B B B
Timer - Assigned Phs 2 3 4 6 7 8
Phs Duration (G+Y+Rc), s 10.9 8.6 16.7 10.9 14.2 11.0
Change Period (Y+Rc), s 4.0 4.0 4.0 4.0 4.0 4.0
Max Green Setting (Gmax), s 16.0 7.0 25.0 16.0 16.0 16.0 Max Q Clear Time (g_c+I1), s 5.4 4.5 4.0 4.5 8.7 5.5
Green Ext Time (p_c), s 0.7 0.2 1.4 0.6 1.6 1.5
Intersection Summary
HCM 7th Control Delay, s/veh 12.9
HCM 7th LOS B
Notes
Unsignalized Delay for [NBR, EBR, WBR, SBR] is excluded from calculations of the approach delay and intersection delay.

ATTACHMENT C
364
HCM 7th Signalized Intersection Summary Maverik Gas Station 2: Qantas Lane & Arch Airport Road 09/26/2025
Project Completion Year 2027 Synchro 11 Report
Timing Plan: PM Peak
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations
Traffic Volume (veh/h) 45 776 118 135 406 209 124 44 23 385 44 122 Future Volume (veh/h) 45 776 118 135 406 209 124 44 23 385 44 122 Initial Q (Qb), veh 0 0 0 0 0 0 0 0 0 0 0 0
Lane Width Adj. 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No
Adj Sat Flow, veh/h/ln 1767 1767 1767 1767 1767 1767 1767 1767 1767 1767 1767 1767 Adj Flow Rate, veh/h 51 882 0 153 461 238 141 50 0 438 50 139 Peak Hour Factor 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 Percent Heavy Veh, % 9 9 9 9 9 9 9 9 9 9 9 9
Cap, veh/h 167 1202 294 966 431 435 448 664 81 226
Arrive On Green 0.05 0.25 0.00 0.09 0.29 0.29 0.13 0.13 0.00 0.20 0.20 0.20 Sat Flow, veh/h 3264 4823 1497 3264 3357 1497 3264 3357 1497 3365 413 1147 Grp Volume(v), veh/h 51 882 0 153 461 238 141 50 0 438 0 189 Grp Sat Flow(s),veh/h/ln 1632 1608 1497 1632 1678 1497 1632 1678 1497 1682 0 1560 Q Serve(g_s), s 0.7 8.1 0.0 2.2 5.5 6.5 1.9 0.6 0.0 5.8 0.0 5.4 Cycle Q Clear(g_c), s 0.7 8.1 0.0 2.2 5.5 6.5 1.9 0.6 0.0 5.8 0.0 5.4 Prop In Lane 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.74
Lane Grp Cap(c), veh/h 167 1202 294 966 431 435 448 664 0 308 V/C Ratio(X) 0.30 0.73 0.52 0.48 0.55 0.32 0.11 0.66 0.00 0.61 Avail Cap(c_a), veh/h 337 1393 337 970 433 674 693 1042 0 483 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1.00 1.00 0.00 1.00 1.00 1.00 1.00 1.00 0.00 1.00 0.00 1.00 Uniform Delay (d), s/veh 22.2 16.7 0.0 21.1 14.2 14.6 19.0 18.5 0.0 17.9 0.0 17.8 Incr Delay (d2), s/veh 1.0 1.7 0.0 1.4 0.4 1.5 0.4 0.1 0.0 1.1 0.0 2.0 Initial Q Delay(d3), s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 0.3 2.5 0.0 0.8 1.7 1.9 0.7 0.2 0.0 2.1 0.0 1.9 Unsig. Movement Delay, s/veh
LnGrp Delay(d), s/veh 23.2 18.4 0.0 22.5 14.6 16.1 19.4 18.6 0.0 19.1 0.0 19.8 LnGrp LOS C B C B B B B B B
Approach Vol, veh/h 933 852 191 627
Approach Delay, s/veh 18.7 16.4 19.2 19.3
Approach LOS B B B B
Timer - Assigned Phs 2 3 4 6 7 8
Phs Duration (G+Y+Rc), s 10.5 8.4 16.1 13.6 6.5 18.0
Change Period (Y+Rc), s 4.0 4.0 4.0 4.0 4.0 4.0
Max Green Setting (Gmax), s 10.0 5.0 14.0 15.0 5.0 14.0 Max Q Clear Time (g_c+I1), s 3.9 4.2 10.1 7.8 2.7 8.5
Green Ext Time (p_c), s 0.4 0.0 1.9 1.7 0.0 1.8
Intersection Summary
HCM 7th Control Delay, s/veh 18.1
HCM 7th LOS B
Notes
User approved volume balancing among the lanes for turning movement.

Unsignalized Delay for [NBR, EBR] is excluded from calculations of the approach delay and intersection delay.

ATTACHMENT C
365
HCM Unsignalized Intersection Capacity Analysis Maverik Gas Station 3: Project Driveway & Arch Airport Road 09/26/2025
Project Completion Year 2027 Synchro 11 Report
Timing Plan: PM Peak
Movement EBT EBR WBL WBT NBL NBR
Lane Configurations
Traffic Volume (veh/h) 1306 0 0 750 0 133
Future Volume (Veh/h) 1306 0 0 750 0 133
Sign Control Free Free Stop
Grade 0% 0% 0%
Peak Hour Factor 0.88 0.88 0.88 0.88 0.88 0.88
Hourly flow rate (vph) 1484 0 0 852 0 151
Pedestrians
Lane Width (ft)
Walking Speed (ft/s)
Percent Blockage
Right turn flare (veh)
Median type None None
Median storage veh)
Upstream signal (ft) 379
pX, platoon unblocked 0.90 0.90 0.90
vC, conflicting volume 1484 1768 371
vC1, stage 1 conf vol
vC2, stage 2 conf vol
vCu, unblocked vol 955 1273 0
tC, single (s) 4.3 7.0 7.1
tC, 2 stage (s)
tF (s) 2.3 3.6 3.4
p0 queue free % 100 100 84
cM capacity (veh/h) 603 134 951
Direction, Lane # EB 1 EB 2 EB 3 EB 4 WB 1 WB 2 WB 3 NB 1 Volume Total 371 371 371 371 284 284 284 151
Volume Left 0 0 0 0 0 0 0 0
Volume Right 0 0 0 0 0 0 0 151
cSH 1700 1700 1700 1700 1700 1700 1700 951
Volume to Capacity 0.22 0.22 0.22 0.22 0.17 0.17 0.17 0.16 Queue Length 95th (ft) 0 0 0 0 0 0 0 14
Control Delay (s/veh) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 9.5
Lane LOS A
Approach Delay (s/veh) 0.0 0.0 9.5
Approach LOS A
Intersection Summary
Average Delay 0.6
Intersection Capacity Utilization 33.8% ICU Level of Service A Analysis Period (min) 15

ATTACHMENT C
366
HCM 7th TWSC Maverik Gas Station
4: Qantas Lane & Project Driveway 09/26/2025
Project Completion Year 2027 Synchro 11 Report
Timing Plan: PM Peak
Intersection
Int Delay, s/veh 7.9
Movement WBL WBR NBT NBR SBL SBT
Lane Configurations
Traffic Vol, veh/h 0 163 29 0 296 2
Future Vol, veh/h 0 163 29 0 296 2
Conflicting Peds, #/hr 0 0 0 0 0 0
Sign Control Stop Stop Free Free Free Free
RT Channelized - None - None - None
Storage Length 0 0 - - 100 -
Veh in Median Storage, # 0 - 0 - - 0
Grade, % 0 - 0 - - 0
Peak Hour Factor 88 88 88 88 88 88
Heavy Vehicles, % 9 9 9 9 9 9
Mvmt Flow 0 185 33 0 336 2
Major/Minor Minor1 Major1 Major2
Conflicting Flow All 707 33 0 0 33 0
Stage 1 33 - - - - -
Stage 2 674 - - - - -
Critical Hdwy 6.735 6.335 - - 4.235 -
Critical Hdwy Stg 1 5.535 - - - - -
Critical Hdwy Stg 2 5.935 - - - - -
Follow-up Hdwy 3.5855 3.3855 - - 2.2855 -
Pot Cap-1 Maneuver 373 1019 - - 1531 -
Stage 1 970 - - - - -
Stage 2 454 - - - - -
Platoon blocked, % - - -
Mov Cap-1 Maneuver 291 1019 - - 1531 -
Mov Cap-2 Maneuver 291 - - - - -
Stage 1 970 - - - - -
Stage 2 354 - - - - -
Approach WB NB SB
HCM Ctrl Dly, s/v 9.32 0 7.96

HCM LOS A
Minor Lane/Major Mvmt NBT NBRWBLn1WBLn2 SBL SBT
Capacity (veh/h) - - - 1019 1531 -
HCM Lane V/C Ratio - - - 0.182 0.22 -
HCM Ctrl Dly (s/v) - - 0 9.3 8 -
HCM Lane LOS - - A A A -
HCM 95th %tile Q(veh) - - - 0.7 0.8 -

ATTACHMENT C
367
APPENDIX D ‐

QUEUE ANALYSIS WORKSHEETS

ATTACHMENT C
368
Queuing and Blocking Report Maverik Gas Station
Existing Year 2025 02/08/2025
Timing Plan: AM Peak SimTraffic Report
Intersection: 1: Arch Airport Road & SR-99
Movement EB EB EB EB EB WB WB WB WB WB NB NB
Directions Served L L T T R L L T T R L L
Maximum Queue (ft) 122 136 112 114 72 100 148 126 133 84 144 182 Average Queue (ft) 54 68 48 58 9 10 69 56 56 13 61 105
95th Queue (ft) 97 111 90 99 46 53 121 108 103 56 122 160 Link Distance (ft) 1480 1480 1480 1480 609 609 609 1890 Upstream Blk Time (%)
Queuing Penalty (veh)
Storage Bay Dist (ft) 350 220 220 330
Storage Blk Time (%)
Queuing Penalty (veh)
Intersection: 1: Arch Airport Road & SR-99
Movement NB SB SB SB
Directions Served TR L L TR
Maximum Queue (ft) 115 1309 1306 555
Average Queue (ft) 25 1263 1283 555
95th Queue (ft) 82 1329 1318 556
Link Distance (ft) 1247 1247
Upstream Blk Time (%) 30 95
Queuing Penalty (veh) 0 0
Storage Bay Dist (ft) 600 495
Storage Blk Time (%) 1 92
Queuing Penalty (veh) 6 217

ATTACHMENT C
369
Queuing and Blocking Report Maverik Gas Station
Existing Year 2025 02/08/2025
Timing Plan: AM Peak SimTraffic Report
Intersection: 2: Qantas Lane & Arch Airport Road
Movement EB EB EB EB EB WB WB WB WB WB NB SB
Directions Served L L T T T L L T T R L L
Maximum Queue (ft) 59 83 85 82 61 17 54 132 147 149 28 140 Average Queue (ft) 11 31 20 17 10 1 13 62 83 76 3 47
95th Queue (ft) 37 70 55 54 37 8 37 110 129 120 16 97
Link Distance (ft) 1474 1474 300 300 300
Upstream Blk Time (%)
Queuing Penalty (veh)
Storage Bay Dist (ft) 135 135 110 310 310 290 100
Storage Blk Time (%) 0 0 0 0
Queuing Penalty (veh) 0 0 0 1
Intersection: 2: Qantas Lane & Arch Airport Road
Movement SB SB
Directions Served LT TR
Maximum Queue (ft) 182 92
Average Queue (ft) 82 35
95th Queue (ft) 142 73
Link Distance (ft) 719
Upstream Blk Time (%)
Queuing Penalty (veh)
Storage Bay Dist (ft) 100
Storage Blk Time (%) 4 0
Queuing Penalty (veh) 9 0

ATTACHMENT C
370
Queuing and Blocking Report Maverik Gas Station
Existing Year 2025 02/08/2025
Timing Plan: PM Peak SimTraffic Report
Intersection: 1: Arch Airport Road & SR-99
Movement EB EB EB EB EB WB WB WB WB WB NB NB
Directions Served L L T T R L L T T R L L
Maximum Queue (ft) 181 176 82 94 207 166 206 131 121 204 111 138 Average Queue (ft) 108 98 31 39 83 38 105 59 63 77 36 76 95th Queue (ft) 165 151 66 81 177 121 178 105 108 168 80 118 Link Distance (ft) 1480 1480 1480 1480 609 609 609 1890 Upstream Blk Time (%)
Queuing Penalty (veh)
Storage Bay Dist (ft) 350 220 220 330
Storage Blk Time (%) 0
Queuing Penalty (veh) 0
Intersection: 1: Arch Airport Road & SR-99
Movement NB SB SB SB
Directions Served TR L L TR
Maximum Queue (ft) 70 139 96 112
Average Queue (ft) 5 58 31 24
95th Queue (ft) 38 107 71 82
Link Distance (ft) 1247 1247
Upstream Blk Time (%)
Queuing Penalty (veh)
Storage Bay Dist (ft) 600 495
Storage Blk Time (%)
Queuing Penalty (veh)

ATTACHMENT C
371
Queuing and Blocking Report Maverik Gas Station
Existing Year 2025 02/08/2025
Timing Plan: PM Peak SimTraffic Report
Intersection: 2: Qantas Lane & Arch Airport Road
Movement EB EB EB EB EB WB WB WB WB NB NB NB
Directions Served L L T T T L T T R L L R
Maximum Queue (ft) 25 56 114 104 140 19 105 142 84 8 39 7 Average Queue (ft) 4 19 54 32 48 1 51 65 44 0 6 0
95th Queue (ft) 17 45 99 72 98 9 95 116 74 5 25 6
Link Distance (ft) 1474 1474 300 300 300
Upstream Blk Time (%)
Queuing Penalty (veh)
Storage Bay Dist (ft) 135 135 110 310 290 290 170
Storage Blk Time (%) 0 0 0
Queuing Penalty (veh) 0 0 1
Intersection: 2: Qantas Lane & Arch Airport Road
Movement SB SB SB
Directions Served L LT TR
Maximum Queue (ft) 124 172 88
Average Queue (ft) 56 86 39
95th Queue (ft) 106 141 74
Link Distance (ft) 719
Upstream Blk Time (%)
Queuing Penalty (veh)
Storage Bay Dist (ft) 100 100
Storage Blk Time (%) 1 3 0
Queuing Penalty (veh) 3 11 0

ATTACHMENT C
372
Queuing and Blocking Report Maverik Gas Station
Project Completion Year 2027 09/26/2025
Timing Plan: AM Peak SimTraffic Report
Intersection: 1: Arch Airport Road & SR-99
Movement EB EB EB EB WB WB WB WB NB NB NB SB
Directions Served L L T T L L T T L L TR L
Maximum Queue (ft) 113 127 100 113 63 136 122 138 134 175 102 163 Average Queue (ft) 53 60 44 53 5 62 57 51 62 100 21 91
95th Queue (ft) 98 105 83 93 31 108 103 100 110 151 75 141 Link Distance (ft) 1480 1480 1480 609 609 1890 1259
Upstream Blk Time (%)
Queuing Penalty (veh)
Storage Bay Dist (ft) 350 220 220 330 600
Storage Blk Time (%)
Queuing Penalty (veh)
Intersection: 1: Arch Airport Road & SR-99
Movement SB SB
Directions Served L TR
Maximum Queue (ft) 142 19
Average Queue (ft) 61 1
95th Queue (ft) 112 16
Link Distance (ft) 1259
Upstream Blk Time (%)
Queuing Penalty (veh)
Storage Bay Dist (ft) 495
Storage Blk Time (%)
Queuing Penalty (veh)

ATTACHMENT C
373
Queuing and Blocking Report Maverik Gas Station
Project Completion Year 2027 09/26/2025
Timing Plan: AM Peak SimTraffic Report
Intersection: 2: Qantas Lane & Arch Airport Road
Movement EB EB EB EB EB EB WB WB WB WB WB NB
Directions Served L L T T T R L L T T R L
Maximum Queue (ft) 55 94 118 106 68 10 183 132 224 206 221 89 Average Queue (ft) 11 33 41 33 19 0 89 22 104 118 102 21 95th Queue (ft) 37 73 86 76 49 6 162 101 174 182 171 61 Link Distance (ft) 1474 1474 305 305 305
Upstream Blk Time (%) 0
Queuing Penalty (veh) 0
Storage Bay Dist (ft) 135 135 110 110 310 310 290
Storage Blk Time (%) 0 0 0 0
Queuing Penalty (veh) 0 0 1 0
Intersection: 2: Qantas Lane & Arch Airport Road
Movement NB NB NB SB SB SB
Directions Served L T T L LT TR
Maximum Queue (ft) 112 40 68 166 201 131
Average Queue (ft) 58 6 24 50 104 41
95th Queue (ft) 97 27 58 112 170 89
Link Distance (ft) 498 498 719
Upstream Blk Time (%)
Queuing Penalty (veh)
Storage Bay Dist (ft) 290 100 100
Storage Blk Time (%) 0 10 0
Queuing Penalty (veh) 1 24 1
Intersection: 3: Project Driveway & Arch Airport Road
Movement EB WB WB WB NB
Directions Served T T T T R
Maximum Queue (ft) 4 3 65 122 108
Average Queue (ft) 0 0 12 13 48
95th Queue (ft) 3 2 50 70 81
Link Distance (ft) 305 1480 1480 1480 209
Upstream Blk Time (%)
Queuing Penalty (veh)
Storage Bay Dist (ft)
Storage Blk Time (%)
Queuing Penalty (veh)

ATTACHMENT C
374
Queuing and Blocking Report Maverik Gas Station
Project Completion Year 2027 09/26/2025
Timing Plan: AM Peak SimTraffic Report
Intersection: 4: Qantas Lane & Project Driveway
Movement WB SB
Directions Served R L
Maximum Queue (ft) 100 82
Average Queue (ft) 52 10
95th Queue (ft) 84 45
Link Distance (ft) 79
Upstream Blk Time (%) 1
Queuing Penalty (veh) 0
Storage Bay Dist (ft) 100
Storage Blk Time (%) 0
Queuing Penalty (veh) 0
Network Summary
Network wide Queuing Penalty: 27

ATTACHMENT C
375
Queuing and Blocking Report Maverik Gas Station
Project Completion Year 2027 09/26/2025
Timing Plan: PM Peak SimTraffic Report
Intersection: 1: Arch Airport Road & SR-99
Movement EB EB EB EB EB WB WB WB WB WB NB NB
Directions Served L L T T R L L T T R L L
Maximum Queue (ft) 175 171 70 89 180 146 190 123 120 200 112 132 Average Queue (ft) 93 91 28 36 71 25 97 61 53 62 42 70
95th Queue (ft) 146 145 60 73 153 93 162 103 97 149 85 110 Link Distance (ft) 1480 1480 1480 1480 609 609 609 1890 Upstream Blk Time (%)
Queuing Penalty (veh)
Storage Bay Dist (ft) 350 220 220 330
Storage Blk Time (%) 0 0
Queuing Penalty (veh) 0 0
Intersection: 1: Arch Airport Road & SR-99
Movement NB SB SB SB
Directions Served TR L L TR
Maximum Queue (ft) 48 120 83 131
Average Queue (ft) 4 57 28 18
95th Queue (ft) 29 98 62 75
Link Distance (ft) 1247 1247
Upstream Blk Time (%)
Queuing Penalty (veh)
Storage Bay Dist (ft) 600 495
Storage Blk Time (%)
Queuing Penalty (veh)

ATTACHMENT C
376
Queuing and Blocking Report Maverik Gas Station
Project Completion Year 2027 09/26/2025
Timing Plan: PM Peak SimTraffic Report
Intersection: 2: Qantas Lane & Arch Airport Road
Movement EB EB EB EB EB EB WB WB WB WB WB NB
Directions Served L L T T T R L L T T R L
Maximum Queue (ft) 25 71 181 232 197 148 194 169 157 140 103 85 Average Queue (ft) 3 22 93 81 86 12 91 21 61 70 49 18
95th Queue (ft) 16 54 153 169 160 76 172 102 118 119 84 56 Link Distance (ft) 1474 1474 305 305 305
Upstream Blk Time (%)
Queuing Penalty (veh)
Storage Bay Dist (ft) 135 135 110 110 310 310 290
Storage Blk Time (%) 2 1 4 0
Queuing Penalty (veh) 1 5 10 0
Intersection: 2: Qantas Lane & Arch Airport Road
Movement NB NB NB SB SB SB
Directions Served L T T L LT TR
Maximum Queue (ft) 111 43 60 187 228 148
Average Queue (ft) 55 7 20 72 119 45
95th Queue (ft) 97 28 50 148 192 98
Link Distance (ft) 498 498 719
Upstream Blk Time (%)
Queuing Penalty (veh)
Storage Bay Dist (ft) 290 100 100
Storage Blk Time (%) 1 12 0
Queuing Penalty (veh) 5 40 1
Intersection: 3: Project Driveway & Arch Airport Road
Movement EB NB
Directions Served T R
Maximum Queue (ft) 12 104
Average Queue (ft) 0 49
95th Queue (ft) 10 83
Link Distance (ft) 305 209
Upstream Blk Time (%)
Queuing Penalty (veh)
Storage Bay Dist (ft)
Storage Blk Time (%)
Queuing Penalty (veh)

ATTACHMENT C
377
Queuing and Blocking Report Maverik Gas Station
Project Completion Year 2027 09/26/2025
Timing Plan: PM Peak SimTraffic Report
Intersection: 4: Qantas Lane & Project Driveway
Movement WB SB
Directions Served R L
Maximum Queue (ft) 102 78
Average Queue (ft) 51 13
95th Queue (ft) 86 50
Link Distance (ft) 79
Upstream Blk Time (%) 1
Queuing Penalty (veh) 0
Storage Bay Dist (ft) 100
Storage Blk Time (%) 0
Queuing Penalty (veh) 0
Network Summary
Network wide Queuing Penalty: 61

ATTACHMENT C
378
APPENDIX E ‐
EXCERPTS FROM STATE ROUTE 99 (SR-99)/ARCH ROAD INTERCHANGE

RECONSTRUCTION PROJECT

ATTACHMENT C
379

ATTACHMENT C
380

ATTACHMENT C
381

ATTACHMENT D
382

ATTACHMENT D
383

ATTACHMENT D
384

ATTACHMENT D
385

ATTACHMENT D
386

ATTACHMENT D
387

ATTACHMENT D
388
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING OF AN AMENDMENT TO THE ARCH-AIRPORT SPERRY

ROAD PRECISE ROAD PLAN TO ALLOW ACCESS FOR AN APPROVED FUELING STATION AND CONVENIENCE STORE (P25-0045)
The City of Stockton has heretofore formulated and adopted a General Plan for the physical development of the City, which General Plan contains each of the elements required by law to be a part of it; and
The City of Stockton has adopted the Arch-Airport Sperry Road Precise Road Plan to facilitate implementation of the General Plan; and
An amendment to the Arch-Airport Sperry Road Precise Road Plan has been requested by the applicant, Todd Meyers of Maverik Inc, to create a new secondary driveway, an encroachment, onto Arch-Airport Road approximately 425 feet east of Qantas Lane to serve an approved fueling station and convenience store; and
On February 6, 2026, public notice for the subject application was published in the local newspaper in accordance with Stockton Municipal Code (SMC) Section 16.88.030; and On February 17, 2026, the City Council conducted a public hearing on the application, in compliance with SMC Chapter 16.88, at which point all persons wishing to be heard were provided such opportunity; now, therefore,

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

The City Council approves an Amendment to the Arch-Airport Sperry Road Precise Road Plan to create a new encroachment onto Arch-Airport Road approximately 425 feet east of Qantas Lane, as set forth in Exhibit 1, attached hereto, based on the following Findings of Fact and Conditions of Approval:

Findings of Fact

1. The Precise Road Plan must be consistent with the general land uses, objectives policies, and programs of the General Plan and other adopted goals and policies of the City.

The project complies with General Plan Land Use Policy LU-6.1 and Land Use Policy LU-6.2, as follows:

Land Use Policy LU-6.1, Carefully plan for future development and proactively mitigate potential impacts – Approval of the Amendment to the Precise Road Plan will ensure that adequate infrastructure is available to an approved development project that is in accordance with the allowed land uses in the General Plan. 389
Land Use Policy LU-6.2, Prioritize development and redevelopment of vacant, underutilized, and blighted infill areas – Approval of the proposed Amendment will accommodate development that is on a parcel substantially surrounded by existing development.

2. The Precise Road Plan must be in compliance with the provisions of the California Environmental Quality Act (CEQA).

The proposed Amendment complies with CEQA as it is Categorically Exempt under CEQA Guidelines section 15305, Minor Alteration in Land Use Limitations, because the proposed amendment is for an encroachment to a roadway that does not change the allowed uses or density of any parcel of land, nor does it affect the intended use of the roadway, as shown in the provided access analysis.

Conditions of Approval
a. Comply with all applicable Federal, State, County, and City codes, regulations and adopted standards and pay all applicable fees.
b. The property owners, developers, and/or successors-in-interest (ODS) shall be responsible for the City’s legal and administrative costs associated with defending any legal challenge of the approval for this project or its related environmental determination. c. ODS shall contact City Public Works Department, Traffic Engineering, when coordinating work with the traffic signal at the Arch-Airport Road and Qantas Lane intersection. d. Any construction related road closures extending beyond one (1) day shall require prior approval from the City or County Public Works Department. e. ODS shall design the driveway on Arch-Airport Road to meet the radius requirements to safely accommodate STAA trucks exiting the site, to the satisfaction of the City Engineer.

PASSED, APPROVED, and ADOPTED February 17, 2026 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
390
VAN

C-STORE
60_R_RR_2402
5,982 SF 32.30 FFE

EV CHARGING ONLY

EV CHARGING ONLY NO PARKING

NO PARKING
T

EVSE EVSE

EV EV EV EV EV EV GAS

GAS GAS
C-3.0

ARCH AIRPORT ROAD

QANTAS LANE
20240719.0
243 E. 3rd Street
Long Beach, CA 90802
1333 W. McDermott Dr., Suite 200
Allen, TX 75013
JOB NO.: Firm # F-21415

REVISION
NO. DESCRIPTION DATE BY
APPRVD.

BY

ARCH AIRPORT ROAD

STREET IMPROVEMENTS
SHEET NO.

DEPARTMENT OF PUBLIC WORKS

CITY OF STOCKTON, CALIFORNIA
SCALE: AS NOTED
DESIGNED BY: BB
DRAWN BY: BB
PROJECT NO.

OF 4 SHEETS
CHECKED BY: MK
RECORD DWG.:

APPROVED BY:

DATE

CITY ENGINEER

STOCKTON, CALIFORNIA
Know what's below.

Call before you dig.

R
Scale: 1" = ' Feet
0 40
80 VICINITY MAP
N.T.S.

N
SITE

SHEET INDEX

ARCH AIRPORT ROAD STREET IMPROVEMENTS

STOCKTON, CALIFORNIA
BASIS OF ELEVATIONS:

CITY OF STOCKTON BENCHMARK NO. 334, BRASS DISK
STAMPED "11S-12" IN MONUMENT WELL.

ELEVATION = 32.43' NAVD88.

SITE BENCHMARKS:

BASE CONTROL POINT NUMBER 1.

NAIL SET IN CONCRETE MEDIAN AS SHOWN ON TOPO SHEET 2.

ELEVATION = 31.06'

OWNER CIVIL / WATER

SURVEYOR

AGENCIES HAVING JURISDICTION
C-1.0

COVER SHEET

EXISTING LEGEND

SITE LEGEND

VERTICAL CURB & GUTTER

SAW-CUT LINE
SIGN

FIRE HYDRANT
RAMP

TRAFFIC ARROW

CHAIN LINK FENCE

WOOD FENCE

OVERHEAD ELECTRIC

BENCHMARK

BOLLARD

FIRE HYDRANT

GUY POLE

POWERPOLE

SINGLE POLE SIGN

STREET LIGHT

TRAFFIC SIGNAL

TRAFFIC SIGNAL BOX

TREE-EVERGREEN

TREE-MISC

UTILITY POLE

WATER METER

WATER VALVE

PROPOSED LIGHT POLE

CITY OF

STOCKTON

SAN JOAQUIN
COUNTY

CITY OF

STOCKTON

SAN JOAQUIN
COUNTY

CITY/COUNTY LIMIT LINE
EXHIBIT 1
391
20240719.0
243 E. 3rd Street
Long Beach, CA 90802
1333 W. McDermott Dr., Suite 200
Allen, TX 75013
JOB NO.: Firm # F-21415

REVISION
NO. DESCRIPTION DATE BY
APPRVD.

BY

ARCH AIRPORT ROAD

STREET IMPROVEMENTS
SHEET NO.

DEPARTMENT OF PUBLIC WORKS

CITY OF STOCKTON, CALIFORNIA
SCALE: AS NOTED
DESIGNED BY: BB
DRAWN BY: BB
PROJECT NO.

OF 4 SHEETS
CHECKED BY: MK
RECORD DWG.:

APPROVED BY:

DATE

CITY ENGINEER

STOCKTON, CALIFORNIA
Know what's below.

Call before you dig.

R

1. ALL IMPROVEMENTS SHALL BE CONSTRUCTED IN STRICT ACCORDANCE WITH THE FOLLOWING: THE CURRENT CITY OF STOCKTON STANDARD SPECIFICATIONS AND PLANS,

AND ALL AMENDMENTS THERETO TO DATE, CALIFORNIA DEPARTMENT OF

TRANSPORTATION STANDARD SPECIFICATIONS (CALTRANS) LATEST EDITION, WHERE APPLICABLE, AND CAMUTCD LATEST EDITION. WHERE THERE IS A CONFLICT BETWEEN THE

PLANS AND THE CITY'S STANDARD SPECIFICATIONS AND PLANS, THE CITY OF STOCKTON STANDARD SPECIFICATION AND PLANS SHALL PREVAIL. ALL WORK SHALL BE SUBJECT TO INSPECTION BY THE CITY OF STOCKTON.

2. ELEVATIONS ARE REFERRED TO NAVD 88, 2011 DATUM CONVERSION, UNLESS NOTED OTHERWISE. REFER TO PLAN FOR BENCHMARK DESCRIPTIONS.

3. THE CITY OF STOCKTON STANDARD PLANS AND DETAILS AS SHOWN HEREON ARE FOR THE CONVENIENCE OF THE CONTRACTOR. PRIOR TO AND DURING CONSTRUCTION, THE

CONTRACTOR SHALL BE RESPONSIBLE FOR BEING FAMILIAR WITH THE CURRENT CITY OF

STOCKTON STANDARDS AND ALL UPDATES AND REVISIONS MADE TO ANY OF THE CITY OF STOCKTON STANDARD DETAILS SHOWN ON THESE PLANS. THE CONTRACTOR IS ALSO

RESPONSIBLE FOR BEING FAMILIAR WITH THE WRITTEN SPECIFICATIONS AND/OR OTHER

STANDARD DETAILS NOT SHOWN BUT WHICH ARE INCLUDED IN THE CITY OF STOCKTON STANDARD SPECIFICATIONS AND PLANS.

4. DRAWING NUMBERS SHOWN ON THE PLANS REFER TO CITY OF STOCKTON STANDARD PLANS, SHOWN THUS: DWG. NO. R-__.

5. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROTECTING FROM DAMAGE ALL EXISTING IMPROVEMENTS THAT ARE TO REMAIN. SUCH IMPROVEMENTS THAT ARE DAMAGED BY THE CONTRACTOR SHALL BE REPLACED AT HIS EXPENSE.

6. EXCAVATION OF 5 FEET OR MORE IN DEPTH WILL REQUIRE AN EXCAVATION PERMIT FROM THE STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL SAFETY.

7. THE CONTRACTOR SHALL DEMOLISH, EXCAVATE, REMOVE AND DISPOSE OF ALL EXISTING

CONCRETE CURB, GUTTER OR SIDEWALK, ASPHALT CONCRETE PAVING, AND DELETERIOUS MATERIAL AS REQUIRED TO CONSTRUCT THE CONTRACT WORK. ALL SUCH EXCESS MATERIAL GENERATED SHALL BE DISPOSED OF FROM THE SITE BY THE CONTRACTOR.

8. THE CONTRACTOR SHALL OBTAIN AN ENCROACHMENT PERMIT FOR ANY WORK DONE

WITHIN THE RIGHT-OF-WAY, INCLUDING A TRAFFIC CONTROL PLAN CONSISTENT WITH THE

CA MUTCD TO BE APPROVED BY THE CITY'S PUBLIC WORKS DEPARTMENT IN ADVANCE OF

THE WORK, FROM THE CITY OF STOCKTON PUBLIC WORKS DEPARTMENT, AND NOTIFY THE CITY 3 WORKING DAYS IN ADVANCE OF STARTING ANY WORK TO BE ACCEPTED FOR OWNERSHIP AND MAINTENANCE BY THE CITY OF STOCKTON.

9. WORK IN PUBLIC RIGHT-OF-WAY IS SUBJECT TO THE APPROVAL AND ACCEPTANCE OF THE CITY OF STOCKTON PUBLIC WORKS DEPARTMENT.

10. EXISTING UTILITIES ARE SHOWN AS THEY ARE BELIEVED TO EXIST. THE OWNER AND THE ENGINEER DO NOT ACCEPT RESPONSIBILITY FOR THEIR ACCURACY. PRIOR TO

COMMENCING ANY WORK, THE CONTRACTOR SHALL HAVE EACH UTILITY COMPANY ACCURATELY LOCATE IN THE FIELD THEIR MAINS AND SERVICE LINES. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROTECT ALL EXISTING UTILITIES.

11. ATTENTION IS CALLED TO: SECTION 1540 (A) (1) OF THE CONSTRUCTION SAFETY ORDERS (TITLE 8 CALIFORNIA ADMINISTRATION CODE SECTION 1540), ISSUED BY THE OCCUPATIONAL

SAFETY AND HEALTH STANDARDS BOARD PURSUANT TO THE CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH ACT OF 1973, AS AMENDED, WHICH STATES:
"PRIOR TO OPENING AN EXCAVATION, EFFORT SHALL BE MADE TO DETERMINE WHETHER UNDERGROUND INSTALLATION I.E., SEWER, WATER, FUEL, ELECTRIC LINES, ETC., WILL BE ENCOUNTERED AND, IF SO, WHERE SUCH UNDERGROUND INSTALLATIONS ARE LOCATED.

WHEN THE EXCAVATION APPROACHES THE APPROXIMATE LOCATION OF SUCH AN

INSTALLATION, THE EXACT LOCATION SHALL BE DETERMINED BY CAREFUL PROBING OR

HAND DIGGING AND WHEN IT IS UNCOVERED, ADEQUATE PROTECTION SHALL BE PROVIDED FOR THE EXISTING INSTALLATION. ALL KNOWN OWNERS OF UNDERGROUND FACILITIES IN THE AREA CONCERNED SHALL BE ADVISED OF PROPOSED WORK AT LEAST 48 HOURS PRIOR TO THE START OF ACTUAL EXCAVATION."

12. THE CONTRACTOR SHALL CONTACT THE PROJECT MANAGER OF THE CITY OF STOCKTON FOR A PRE-CONSTRUCTION CONFERENCE A MINIMUM OF THREE (3) WORKING DAYS PRIOR TO THE COMMENCEMENT OF WORK.

13. PRIOR TO COMMENCING ANY WORK, IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO HAVE EACH UTILITY COMPANY LOCATE IN THE FIELD THEIR MAIN SERVICE LINES. THE CONTRACTOR SHALL NOTIFY MEMBERS OF THE UNDERGROUND SERVICE ALERT (U.S.A.) 48

HOURS IN ADVANCE OF PERFORMING EXCAVATION WORK BY CALLING THE TOLL-FREE NUMBER (800-227-2600).

14. THE CONTRACTOR SHALL CHECK WITH THE UTILITY COMPANIES AND VERIFY ALL UTILITY LOCATIONS. IT SHALL BE CONTRACTOR'S SOLE RESPONSIBILITY TO PROTECT ALL EXISTING

UTILITIES SO THAT NO DAMAGE RESULTS TO THEM DURING THE PERFORMANCE OF HIS CONTRACT. THE CONTRACTOR SHALL BE REQUIRED TO COOPERATE WITH OTHER

CONTRACTORS AND UTILITY COMPANIES INSTALLING NEW STRUCTURES, UTILITIES AND SERVICES TO THE DEVELOPMENT.

15. THE CONTRACTOR SHALL EXPOSE EXISTING STORM DRAINS AND SANITARY SEWERS

WHERE CONNECTIONS ARE TO BE MADE SO EXISTING FLOWLINES AND LOCATIONS CAN BE VERIFIED BEFORE THE START OF CONSTRUCTION.

16. THE CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY

FOR JOBSITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT

INCLUDING SAFETY OF ALL PERSONS AND PROPERTY, THAT THIS REQUIREMENT SHALL

APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS, AND THAT THE

CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER

HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE

PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE OWNER OR THE ENGINEER.

17. CONSTRUCTION STAKING:

IF SDC, INC. IS NOT PERFORMING THE CONSTRUCTION STAKING, AND AN ERROR OR

OMISSION ON THE PLANS IS DISCOVERED BY THE SURVEYOR PERFORMING THE

CONSTRUCTION STAKING DURING THE PREPARATION OF THE STAKING PLAN AND IT IS NOT IMMEDIATELY BROUGHT TO THE ATTENTION OF SDC, INC. THEN SDC, INC. CANNOT, AND

WILL NOT, TAKE RESPONSIBILITY FOR THE CONSTRUCTION COSTS HAD THE ERROR OR

OMISSION BEEN MITIGABLE PRIOR TO CONSTRUCTION

18. THE CONTRACTOR SHALL OBTAIN A PERMIT FROM THE CALIFORNIA WATER SERVICE

COMPANY OR THE CITY OF STOCKTON DEPENDING ON JURISDICTION FOR USE OF WATER FROM FIRE HYDRANTS FOR CONSTRUCTION PURPOSES. THE PERMIT SHALL BE APPROVED BY THE CITY OF STOCKTON FIRE DEPARTMENT.

19. THE PROPERTY OWNERS, DEVELOPERS, AND/OR SUCCESSORS IN INTEREST SHALL COMPLY

WITH THE PROVISIONS OF THE CALIFORNIA GENERAL CONSTRUCTION ACTIVITY STORM

WATER PERMIT AND STATE WATER RESOURCES CONTROL BOARD ORDER NUMBER 2009-0009-DWQ, AS AMENDED BY 2010-0014-DWQ. COMPLIANCE IS MANDATORY PER CHAPTER 15, SECTIONS 15.48.010 THROUGH 15.48.140 OF THE STOCKTON MUNICIPAL CODE.

20. DUST CONTROL SHALL BE PERFORMED AT ALL TIMES, AT THE CONTRACTORS' EXPENSE, TO MINIMIZE ANY DUST NUISANCE AND SHALL BE IN ACCORDANCE WITH SECTION 10 OF

CALTRANS STANDARD SPECIFICATIONS AND THE REQUIREMENTS OF THE CITY OF STOCKTON.

21. THE CONTRACTOR SHALL FURNISH, INSTALL OPERATE AND MAINTAIN ALL MACHINERY,

APPLIANCES AND EQUIPMENT TO MAINTAIN ALL EXCAVATIONS FREE FROM WATER DURING

CONSTRUCTION, AND SHALL DEWATER AND DISPOSE OF THE WATER SO AS TO NOT CAUSE

INJURY TO PUBLIC OR PRIVATE PROPERTY, OR TO CAUSE A NUISANCE OR MENACE TO THE PUBLIC. THE DEWATERING SYSTEM SHALL BE INSTALLED AND OPERATED SO THE

GROUNDWATER LEVEL OUTSIDE THE EXCAVATION IS NOT REDUCED TO THE EXTENT WHICH WOULD CAUSE DAMAGE OR ENDANGER ADJACENT STRUCTURES OR PROPERTY. ALL

COSTS FOR DEWATERING SHALL BE INCLUDED IN THE UNIT PRICE BID FOR ALL PIPE CONSTRUCTION. THE STATIC WATER LEVEL SHALL BE DRAWN DOWN A MINIMUM OF 1 FOOT BELOW THE BOTTOM OF EXCAVATION OF ANY FILL TO THE SPECIFIED DENSITY. DISPOSAL

OF WATER SHALL BE IN ACCORDANCE WITH THE APPROVED SWPPP AND SHALL NOT DAMAGE PROPERTY, CREATE A PUBLIC NUISANCE OR VIOLATE THE LAW. THE CONTRACTOR

SHALL HAVE ON HAND, PUMPING EQUIPMENT AND MACHINERY IN GOOD WORKING

CONDITION FOR EMERGENCIES AND SHALL HAVE WORKMEN AVAILABLE FOR ITS OPERATION. THE DEWATERING SYSTEM SHALL OPERATE CONTINUOUSLY UNTIL BACK-FILL HAS BEEN COMPLETED TO 1 FOOT ABOVE THE NORMAL STATIC GROUNDWATER LEVEL.

22. UTILIZE A SEDIMENTATION OR FILTERING CONTROL MEASURE TO REMOVE SEDIMENT FROM DEWATERING WATERS PRIOR TO DISCHARGE. SEE SEDIMENT FILTER DETAIL ON THE EROSION CONTROL PLAN.

23. THE DISCHARGE OF CHLORINATED AND DE-CHLORINATED WATER INTO THE STORM DRAIN SYSTEM IS PROHIBITED. THE DISCHARGE OF CHLORINATED AND DE-CHLORINATED WATER INTO THE SANITARY SEWER SYSTEM REQUIRES PRIOR APPROVAL FROM MUD. CONTACT MUD AT 209-937-8341.

24. LOCATION OF SAW CUTTING AS REPRESENTED ON THESE PLANS SHALL BE DETERMINED IN THE FIELD WITH THE PUBLIC WORKS INSPECTOR. IF THE EXISTING SECTION REQUIRES

GRINDING OR OVERLAYING OF AC, IT SHALL BE DETERMINED IN THE FIELD WITH THE PUBLIC WORKS INSPECTOR.

25. THE CONTRACTOR SHALL PROVIDE ALL LIGHTS, BARRICADES, SIGNS, FLAGMEN OR OTHER DEVICES NECESSARY FOR PUBLIC SAFETY.

26. THE CONTRACTOR SHALL BE HELD RESPONSIBLE FOR ANY FIELD CHANGES MADE WITHOUT PRIOR WRITTEN AUTHORIZATION FROM THE OWNER AND THE CITY ENGINEER.

27. WHENEVER EXISTING FACILITIES ARE REMOVED, DAMAGED, BROKEN OR CUT IN THE

INSTALLATION OF THE WORK COVERED BY THESE PLANS OR SPECIFICATIONS, SAID

FACILITIES SHALL BE REPLACED AT THE CONTRACTOR'S EXPENSE, AFTER PROPER

BACKFILLING AND/OR CONSTRUCTION, WITH MATERIALS EQUAL TO OR BETTER THAN THE MATERIALS USED IN THE ORIGINAL EXISTING FACILITIES. THE FINISHED PRODUCT SHALL BE

SUBJECT TO THE APPROVAL OF THE OWNER, THE ENGINEER, AND THE RESPECTIVE REGULATORY AGENCY.

28. THE CONTRACTOR SHALL MAINTAIN A NEATLY MARKED SET OF FULL-SIZE AS-BUILT RECORD DRAWINGS SHOWING THE FINAL LOCATION AND LAYOUT OF ALL MECHANICAL; ELECTRICAL AND OTHER INSTRUMENTATION EQUIPMENT; PIPING AND CONDUITS, STRUCTURES AND OTHER FACILITIES. THE AS-BUILTS OF THE ELECTRICAL SYSTEM SHALL INCLUDE THE

STREET LIGHT LAYOUT PLAN SHOWING LOCATION OF LIGHTS, CONDUITS, CONDUCTORS, POINTS OF CONNECTIONS TO SERVICES, PULLBOXES, AND WIRE SIZES. AS-BUILT RECORD

DRAWINGS SHALL REFLECT CHANGE ORDERS, ACCOMMODATIONS, AND ADJUSTMENTS TO ALL IMPROVEMENTS CONSTRUCTED. WHERE NECESSARY, SUPPLEMENTAL DRAWINGS SHALL BE PREPARED AND SUBMITTED BY THE CONTRACTOR.

29. SEE PROJECT SPECIFICATIONS FOR SUBMITTAL REQUIREMENTS.

30. ALL SIDEWALKS AND FACILITIES HAVE BEEN DESIGNED TO MEET ADA REQUIREMENTS. IF

ANY DESIGN ELEMENT IS FOUND TO BE NON-ADA COMPLIANT NOTIFY ENGINEER IMMEDIATELY FOR A SOLUTION.

31. THE CONTRACTOR SHALL REPLACE ANY PAVEMENT DELINEATORS OR TRAFFIC MARKINGS,

AND ALL OTHER TRAFFIC CONTROL DEVICES REMOVED OR DAMAGED IN THE COURSE OF THIS WORK. PRIOR TO ANY NECESSARY REMOVAL, THE CONTRACTOR SHALL DOCUMENT

THE TYPE AND LOCATION OF THE PAVEMENT DELINEATION / MARKINGS OR TRAFFIC CONTROL DEVICES.

32. THE CONTRACTOR SHALL INSTALL A NEW TRAFFIC LOOP PER CITY OF STOCKTON STANDARD DRAWING NO. R-96, WHEN AN EXISTING TRAFFIC LOOP CONFLICTS WITH THE NEW IMPROVEMENTS. THE EXISTING TRAFFIC LOOP THAT IS IN CONFLICT SHALL BE DEMOLISHED AND PROPERLY DISPOSED OF. CONTACT THE CITY INSPECTOR TO COORDINATE. THE CONTRACTOR SHALL BE RESPONSIBLE FOR REPLACING ANY TRAFFIC

LOOPS THAT ARE DAMAGED OR ARE OTHERWISE REMOVED DURING THE COURSE OF THIS WORK.

33. THE CONTRACTOR SHALL PROTECT ALL EXISTING LANDSCAPE AND IRRIGATION IMPROVEMENTS THAT ARE TO REMAIN. ALL DISTURBED LANDSCAPING AND IRRIGATION

SHALL BE REPAIRED, AS NECESSARY, TO THE SATISFACTION OF THE CITY'S LANDSCAPE ARCHITECT.

34. CONTRACTOR SHALL PROVIDE A ONE (1) YEAR WARRANTY FOR ALL LABOR AND MATERIALS ASSOCIATED WITH INSTALLED PUBLIC IMPROVEMENTS.

35. THE CONTRACTOR SHALL DEMONSTRATE TO THE CITY OF STOCKTON PUBLIC WORKS O&M, MANUEL RODRIGUEZ (209-649-4666), THAT ALL IRRIGATION IN NEW CONSTRUCTION AREAS IS IN WORKING ORDER.

36. EXISTING BUBBLERS WITHIN TREE WELLS SHALL BE ABANDONED, AND THEIR LATERALS SHALL BE RECONNECTED TO THE MAIN IRRIGATION LINE. THESE LATERAL RECONNECTIONS SHALL BE PROTECTED THROUGHOUT THE NEW CONSTRUCTION.

37. WHEELCHAIR RAMPS GRADE BREAKS SHALL BE PERPENDICULAR TO THE DIRECTION OF THE RAMP RUN, PER CBC 11B-406.5.6.

38. COORDINATE WITH CITY INSPECTOR TO VERIFY PRIOR TO ABANDONING, RECONNECTING, OR COVERING ANY EXISTING IRRIGATION FOUND IN THE PROJECT AREA. EXISTING IRRIGATION MAINLINES AND LATERALS SHALL BE PROTECTED. REROUTE AS NECESSARY.

39. CONTRACTOR SHALL NOTIFY THE PROPERTY OWNER AT LEAST 72 HOURS BEFORE ANY DRIVEWAY (ACCESS) CLOSURE.

40. SURVEY MONUMENT PRESERVATION:

PRIOR TO CONSTRUCTION, CONTRACTOR SHALL ENGAGE A LICENSED SURVEYOR TO

PERFORM A PRE-CONSTRUCTION MONUMENT PRESERVATION SURVEY IN ACCORDANCE WITH SECTIONS 8771(b) OF THE BUSINESS AND PROFESSIONS CODE OF THE STATE OF CALIFORNIA. LOCATIONS OF EXISTING MONUMENTATION KNOWN TO THE ENGINEER THAT ARE WITHIN THE AREA OF PROJECT HAVE BEEN INDICATED ON THE PLANS FOR REFERENCE.

AT THE COMPLETION OF CONSTRUCTION, BUT PRIOR TO FINAL APPROVAL OF THE

IMPROVEMENTS, CONTRACTOR'S LICENSED SURVEYOR SHALL PERFORM A

POST-CONSTRUCTION MONUMENT PRESERVATION SURVEY IN ACCORDANCE WITH SECTIONS 8771(c) AND 8771(d), AND, IF NECESSARY, FILE A RECORD OF SURVEY OR CORNER RECORD(S) IN ACCORDANCE WITH SECTION 8771(f)

GENERAL NOTES

1. THE CONTRACTOR SHALL PROVIDE ALL LIGHTS, BARRICADES, SIGNS, FLAGMEN OR OTHER DEVICES NECESSARY FOR PUBLIC SAFETY.

2. THE CONTRACTOR SHALL SUBMIT A TRAFFIC CONTROL AND/OR DETOUR PLAN FOR

APPROVAL BY THE CITY OF STOCKTON TRAFFIC ENGINEER PRIOR TO THE START OF CONSTRUCTION.

3. ALL PAVEMENT MARKINGS, STRIPING AND CROSSWALKS SHALL BE THERMOPLASTIC.

4. STRIPING AND PAVEMENT MARKINGS SHALL BE IN STRICT CONFORMANCE WITH THE CA-MUTCD (LATEST EDITION) AND THE SPECIAL PROVISIONS SECTION 84. PAVEMENT

MARKINGS SHALL ALSO CONFORM TO THE CAL TRANS SPECIFICATIONS (LATEST EDITION) SECTION 84.

5. SIGNING SHALL CONFORM TO THE CA-MUTCD (LATEST EDITION) AND CALTRANS SPECIFICATIONS (LATEST EDITION) SECTION 82.

6. REMOVAL OF EXISTING PAVEMENT MARKINGS SHALL BE REMOVED BY GRINDING PER CAL TRANS STANDARDS SPECIFICATIONS SECTION 84-9.

7. CONTRACTOR SHALL INSTALL A BLUE REFLECTOR ON FIRE HYDRANT SIDE AT ALL FIRE HYDRANT LOCATIONS PER CA-MUTCD, SECTION 3B.11 AND FIGURE 3B-102.

8. THE CONTRACTOR SHALL NOTIFY THE ENGINEER A MINIMUM OF THREE (3) WORKING DAYS IN ADVANCE OF THE LAYOUT AND CAT-TRACKING OF THE PROPOSED IMPROVEMENTS.

CAT-TRACKING TO BE APPROVED BY TRAFFIC ENGINEERING PRIOR TO FINAL ACCEPTANCE OF STRIPING AND PAVEMENT MARKINGS.

9. THE CONTRACTOR SHALL ENSURE THAT THE APPROPRIATE STRIPING AND PAVEMENT MARKINGS ARE IN PLACE AT ALL TIMES. TEMPORARY STRIPING AND/OR PAVEMENT

MARKINGS SHALL BE INSTALLED TO REPLACE ANY EXISTING STRIPING OR MARKINGS WHICH HAVE BEEN REMOVED. ANY CONFLICTING STRIPING SHALL BE REMOVED IMMEDIATELY BY THE CONTRACTOR PRIOR TO REOPENING THE STREET TO TRAFFIC.

10. THE CONTRACTOR SHALL REMOVE ANY EXISTING SIGNS IN CONFLICT WITH THESE PLANS AS DIRECTED BY THE CITY TRAFFIC ENGINEER. EXISTING STRIPING AND MARKINGS IN CONFLICT WITH THESE PLANS SHALL BE REMOVED BY THE CONTRACTOR. PAVEMENT SHALL BE REPAIRED IF DAMAGED IN CONJUNCTION WITH REMOVAL OF MARKERS.

11. R30E (CA) "NO PARKING" SIGNS ARE TO BE INSTALLED AT A 45º ANGLE FACING DIRECTION OF TRAFFIC FLOW. SIGN SIZE SHALL BE 12" X 18" OR 18" X 24"

12. ALL DIMENSIONS SHOWN ARE FROM FACE OF CURB, UNLESS OTHERWISE NOTED.

SIGNAGE & STRIPING GENERAL NOTES
C-1.1

GENERAL NOTES
EXHIBIT 1
392
±41.46' EASEMENT DEED TO THE CITY OF

STOCKTON FOR STREET AND HIGHWAY PER
DOCUMENT REC. APRIL 25, 2000, AS DOC. NO.
2000-045052, O.R.S.J.C. AND RE-REC. APRIL 28,
2009, AS DOC. NO. 2009-062744, O.R.S.J.C.

EX.

R/W ℄
EX.

R/W
(±47.13')
PROPOSED 18'

LANDSCAPE

EASEMENT
2' MIN. 10' VARIES
0' TO 6'
PROP. 25' LANDSCAPE
/ BUILDING SETBACK
20240719.0
243 E. 3rd Street
Long Beach, CA 90802
1333 W. McDermott Dr., Suite 200
Allen, TX 75013
JOB NO.: Firm # F-21415

REVISION
NO. DESCRIPTION DATE BY
APPRVD.

BY

ARCH AIRPORT ROAD

STREET IMPROVEMENTS
SHEET NO.

DEPARTMENT OF PUBLIC WORKS

CITY OF STOCKTON, CALIFORNIA
SCALE: AS NOTED
DESIGNED BY: BB
DRAWN BY: BB
PROJECT NO.

OF 4 SHEETS
CHECKED BY: MK
RECORD DWG.:

APPROVED BY:

DATE

CITY ENGINEER

STOCKTON, CALIFORNIA
Know what's below.

Call before you dig.

R Scale: 1" = ' Feet
0 40
80 C-2.0

TYPICAL CROSS SECTION
PROPOSED CROSS SECTION: ARCH AIRPORT ROAD
11+58.27 TO 15+47.54
16+06.95 TO 16+82.65

NOT TO SCALE

CITY OF STOCKTON

SAN JOAQUIN COUNTY
EXHIBIT 1
393
VAN
C-STORE 60_R_RR_2402

EV CHARGING ONLY

EV CHARGING ONLY

NO PARKING
EVSE
EVSE
EV
EV
EV
EV
EV
EV
E
E

APPROXIMATE LOCATION OF

CENTERLINE OF ARCH-AIRPORT ROAD
R
Δ
=
=
1 53°31'51"
(M&R1)
L=
859.34' (M&R1) 1737.16' (M&R1)
Δ
R
=19°52'01"
(M&R1)
L=1701.55' (M&R1) =590.00' (M&R1)
Δ=17°59'23"
R=1900.01'
L=596.56'
N24°32'07"E RADIAL (R3)
N17°18'28"E RADIAL (R3)
N06°51'27"E RADIAL (R2)
E
E
E
E
E
E
E
E
E

APPROXIMATE LOCATION OF

CENTERLINE OF ARCH-AIRPORT ROAD
R
Δ
=
=
1 53°31'51"
(M&R1)
L=
859.34' (M&R1) 1737.16' (M&R1)
Δ
R
=19°52'01"
(M&R1)
L=1701.55' (M&R1) =590.00' (M&R1)
Δ=17°59'23"
R=1900.01'
L=596.56'
N24°32'07"E RADIAL (R3)
N17°18'28"E RADIAL (R3)
N06°51'27"E RADIAL (R2)
E
E
E
E
E
E
E
ARCH AIRPORT ROAD R20'
R10'
13'
(R1859.34')
(R1811.42')
(R1900.01')
(R1701.55')

CITY OF STOCKTON

SAN JOAQUIN COUNTY

QANTAS LANE
238.79'
185.29'
R200' R190'
R90' (TYP.) R100' (TYP.)
10'
5' 2' MIN.
±15'
R1893.01'
R1918.01'
R1719.55'
18'
PROPOSED 25' LANDSCAPE/BUILDING SETBACK
R10'
R1' R20'
10'
R70' R80'
40'
20240719.0
243 E. 3rd Street
Long Beach, CA 90802
1333 W. McDermott Dr., Suite 200
Allen, TX 75013
JOB NO.: Firm # F-21415

REVISION
NO. DESCRIPTION DATE BY
APPRVD.

BY

ARCH AIRPORT ROAD

STREET IMPROVEMENTS
SHEET NO.

DEPARTMENT OF PUBLIC WORKS

CITY OF STOCKTON, CALIFORNIA
SCALE: AS NOTED
DESIGNED BY: BB
DRAWN BY: BB
PROJECT NO.

OF 4 SHEETS
CHECKED BY: MK
RECORD DWG.:

APPROVED BY:

DATE

CITY ENGINEER

STOCKTON, CALIFORNIA
Know what's below.

Call before you dig.

R Scale: 1" = ' Feet
0 40
80 KEY NOTES
C-3.0

CONSTRUCTION PLAN
ARCH AIRPORT ROAD 11+58.27 TO 16+87.05

CITY/COUNTY LIMIT LINE
EXHIBIT 1
394
City Council
February 17, 2026
Agenda Item 15.2
Community Development Department
Arch-Airport Sperry Road Precise Road Plan Amendment
P25-0045
395
Background
Arch-Airport Sperry Road Precise Road Plan Adopted in 2002 • Identifies future requirements, alignments, lane configurations, and access points
• Amendment process exists because change was anticipated Maverik fueling station and convenience store approved by SJ County • New access to Arch-Airport needed for proper circulation/access • Access analysis conducted to determine impacts and necessary improvements
396
Location
Location of
Approved Maverik
Fueling Station
ROW affected
by Amendment
Approx. 855’ from SB Onramp
397
Precise Road Plan
398
Proposed Amendment
399
Proposed Amendment
400
Proposed Amendment
N
401
Findings
Complies with general land uses, objectives, policies, and programs of the 2040 General Plan and other adopted goals and policies of the City • Serves development consistent with the General Plan
• Land Use Policy 6.1 – Ensure adequate infrastructure is available to development projects
• Land Use Policy 6.2 – Prioritize development in infill areas substantially surrounded by development
Complies with CEQA
• Categorically exempt - §15305(b), Minor Alteration in Land Use Limitations 402
Planning Commission
Public Hearing held on January 8, 2026
• Commissioners and one member of the public had concerns over safety and traffic generation
• Public Works addressed issues, concurring with traffic analysis • Commissioners had concerns over the turning radius of the proposed driveway
• Applicant agreed to condition requiring STAA radius design Planning Commission Recommended Approval (with Conditions) • Planning Commission voted 5-1, with Commissioner Hernandez absent and Commissioner Amen dissenting
403
Recommendation
It is Recommended that the City Council:

Approve an amendment to the Arch-Airport Sperry Road
Precise Road Plan to create a new encroachment onto
Arch-Airport Road approximately 425 feet east of Qantas Lane
404
City of Stockton
Legislation Text
File #: 26-0153, Version: 1
PUBLIC HEARING REGARDING AN EXTENSION OF URGENCY ORDINANCE NO. 2025-03-04- 1504 WHICH ADOPTED FINDINGS AND ESTABLISHED A TEMPORARY MORATORIUM ON THE

ESTABLISHMENT OF NEW, AND RELOCATION OR PHYSICAL EXPANSION OF EXISTING,

TOBACCO RETAIL BUSINESSES, ALSO KNOWN AS SMOKE SHOPS

RECOMMENDATION
It is recommended that the City Council:

1. Adopt an urgency ordinance, pursuant to California Government Code Section 65858, to extend Urgency Ordinance No. 2025-03-04-1504, which established a temporary moratorium on the establishment of new, and relocation or physical expansion of existing, tobacco retail businesses, also known as smoke shops, for a period of one year, based on current findings and continued threat to public health, safety, and welfare;

2. Find that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of licenses for additional tobacco retailers, or for the expansion/relocation of existing retailers, would be inconsistent with and frustrate the City’s ongoing efforts to study and potentially revise its regulatory framework;

3. Direct staff to continue preparing and finalize permanent regulatory amendments regarding the zoning, licensing, and land-use impacts of tobacco retail businesses within the City;

4. Approve and issue the attached City Council Report pursuant to Government Code section 65858(d); and

5. Authorize the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance.

Summary
This report recommends the City Council adopt an urgency ordinance to extend the temporary moratorium previously established by Urgency Ordinance No. 2025-03-04-1504, which restricts the establishment of new, and relocation or physical expansion of existing, tobacco retail businesses, also known as smoke shops, within the City of Stockton.

The initial extension to Urgency Ordinance No. 2025-03-04-1504 is set to expire on March 2, 2026, and the City finds that a current and immediate threat to public health, safety, and welfare persists.

This extension, authorized pursuant to Government Code Section 65858, will allow the City additional time to complete its analysis and finalize comprehensive updates to land use, zoning, and public safety regulations related to tobacco retailers.

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The proliferation of tobacco and vape retailers, particularly near sensitive receptors such as schools and youth-serving facilities, raises serious concerns regarding youth access, neighborhood compatibility, and regulatory inconsistencies. Absent this extension, new applications or modifications to existing businesses may undermine the City's ability to effectively regulate this industry.

Concurrently with this request, Staff is presenting proposed amendments to the City’s Tobacco Retailer Ordinance (SMC 5.104) for City Council’s consideration. In the event that City Council does not adopt the proposed amendments, but instead directs staff to continue their evaluation and make additional amendments, Staff will continue evaluating potential land use controls and City mechanisms to address community concerns and promote consistency with the City’s public health goals as directed by City Council. In that event, however, Staff is requesting City Council to adopt an urgency ordinance extending the current moratorium for a second, and final, time to prevent a proliferation of tobacco retail license applications following the expiration of the current moratorium on March 2, 2026 and prior to the adoption of the additional revisions to the Tobacco Retailer Ordinance directed by City Council.

Due to the upcoming expiration of the moratorium, staff has also agendized this item to ensure continuity of the moratorium in the event the proposed amendments to the current Tobacco Retailer Ordinance are not adopted. In the event the proposed ordinance amendments are adopted, staff will withdraw this moratorium extension item from the agenda, as the adoption of both measures would be unnecessary.

DISCUSSION
Background
On March 4, 2025, the City Council adopted Urgency Ordinance No. 2025-03-04-1504, establishing a temporary 45-day moratorium on the establishment of new, and relocation or physical expansion of existing, tobacco retail businesses, commonly known as smoke shops, within the City of Stockton.

The urgency ordinance was adopted pursuant to Government Code Section 65858 in response to the increasing concentration and proliferation of tobacco and vape retailers in specific neighborhoods, particularly in proximity to schools, parks, and youth-serving facilities.

Urgency Ordinance No. 2025-03-04-1504 was set to expire on April 18, 2025. On April 15, 2025, the Stockton City Council adopted Ordinance No. 2025-04-15-1601, extending Urgency Ordinance No. 2025-03-04-1504 for 10 months and 15 days pursuant to Government Code Section 65858(a).

Ordinance No. 2025-04-15-1601 is set to expire on March 2, 2026.

The initial moratorium and extension were enacted to provide the City sufficient time to assess the potential adverse impacts of these businesses on public health, safety, youth exposure, land use compatibility, and neighborhood character. Since adoption, staff has initiated a review of relevant zoning and licensing regulations and reviewed related data; however, additional time is required to finalize the analysis and prepare potential amendments to the Stockton Municipal Code and Zoning Ordinance.

The City continues to receive inquiries and applications related to new and modified tobacco retail operations. Without an additional extension of the moratorium, in the interim, there is a risk that new City of Stockton Page 2 of 4 Printed on 2/12/2026
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establishments may be approved in locations that conflict with City Council’s stated public health and land use objectives, thereby frustrating the purpose of the City's ongoing review process.

Present Situation
The extension to Urgency Ordinance No. 2025-03-04-1504 is set to expire on March 2, 2026. Staff recommends the City Council adopt a one-year extension, the maximum allowed under Government Code Section 65858(a), to allow for completion of necessary research, community engagement, interdepartmental coordination, and finalization of permanent regulatory changes. While a full year may not be required to complete this work, there are no further extensions permitted by the Government Code. Therefore, staff is requesting an extension for the maximum amount of time permitted by law. This allows staff to work through any suggested changes with City Council and community stakeholders without concern for the moratorium coming to an end while work is still being conducted.

The continued rise in smoke shop applications, particularly those offering flavored tobacco and vaping products that disproportionately appeal to youth, has prompted heightened concern from community members, neighborhood groups, and public health advocates. Recent data and anecdotal reports from school administrators and neighborhood leaders suggest a correlation between the presence of tobacco retailers and increased youth access to such products.

Many existing retailers are clustered in low-income and underserved communities, raising environmental justice and equity concerns about disproportionate health impacts. While progress has been made during the enforcement of the current Tobacco Retailer Ordinance, including the successful revocation of four (4) existing tobacco retail licenses, the denial of ten (10) additional applications for new tobacco retail licenses, and the criminal prosecution of fifteen (15) individuals found guilty of selling flavored tobacco products, additional regulation is still necessary to adequately address the danger to public health, safety, and welfare presented by the proliferation of tobacco retailers, particularly those who continue to sell flavored tobacco products. Although progress has been made to date, additional adjustments are necessary to fully address these ongoing impacts.

Without this extension, the City could be forced to consider or approve additional tobacco retailer applications under the current Code, thereby undermining the City Council’s intent to manage the expansion of these businesses while developing thoughtful, balanced, and community-informed regulations.

Pursuant to Government Code Section 65858, it is requested that the City Council find:

1. There is a current and immediate threat to the public health, safety, or welfare due to the proliferation of tobacco retail businesses, particularly in areas with high youth populations and vulnerable communities.

2. The continued establishment, relocation, or expansion of these businesses would be inconsistent with and conflict with the City’s efforts to adopt and implement reasonable regulations intended to protect the public from negative health outcomes, land use incompatibility, and neighborhood degradation.

3. The current zoning regulations do not adequately address the density, proximity to sensitive City of Stockton Page 3 of 4 Printed on 2/12/2026
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uses, or operational impacts of tobacco retailers, leaving the City ill-equipped to evaluate new proposals in a manner consistent with its public health goals.

4. City staff is actively studying the impacts of tobacco retail businesses and finalizing proposed amendments to the Stockton Municipal Code to address community concerns, promote equity, and strengthen enforcement. Additional time is necessary to complete this work.

5. The moratorium is temporary in nature and limited in scope, targeting only the establishment, relocation, or physical expansion of tobacco retail businesses. It does not affect existing businesses operating in compliance with current law.

Therefore, the Council finds it necessary and appropriate to extend the moratorium for a period of one year to preserve the status quo while staff completes its regulatory review and Council considers permanent policy changes.

Additionally, California Government Code Section 65858(d) requires the City Council to issue a written report ten (10) days before the earliest of either: the interim ordinance’s expiration; or prior to the adoption of an extension. The report shall describe the measures the City is taking to alleviate the condition(s) that led to the interim ordinance’s adoption. The approval and issuance of the attached City Council Report (Attachment A) will satisfy City Council’s requirements pursuant to California Government Code Section 65858(d).

FINANCIAL SUMMARY
No new revenue is anticipated due to the absence of new tobacco retail business openings during the moratorium period.

Attachment A - City Council Report Pursuant to Government Code Section 65858(d) City of Stockton Page 4 of 4 Printed on 2/12/2026
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ATTACHMENT A

CITY COUNCIL REPORT ISSUED PURSUANT TO
GOVERNMENT CODE SECTION 65858(d)
DATE: February 17, 2026
SUBJECT: Report on Measures Taken Following Adoption of Urgency Ordinance No. 2025-03-04-1504 Establishing a Temporary 45-Day Moratorium and Ordinance No. 2025- 04-15-1601 Extending Urgency Ordinance No. 2025-03-04-1504 For 10 Months and 15 Days.

BACKGROUND: On March 4, 2025, the Stockton City Council adopted Urgency Ordinance No. 2025-03-04-1504, which established a temporary moratorium on the issuance of any license, permit, or other entitlement for use for the establishment, relocation, or physical expansion of a tobacco retailer business. Urgency Ordinance No. 2025-03-04-1504 was set to expire on April 18, 2025. On April 15, 2025, the Stockton City Council adopted Ordinance No. 2025-04-15-1601, extending Urgency Ordinance No. 2025-03-04-1504 for 10 months and 15 days pursuant to Government Code section 65858(a). Ordinance No. 2025-04-15-1601 is set to expire on March 2, 2026.

California Government Code section 65858(d) requires the City Council to issue a written report 10 days prior to the expiration of the interim ordinance or any extension. The report shall describe the measures the City is taking to alleviate the condition(s) that led to the interim ordinance’s adoption.

Ordinance No. 2025-04-15-1601 extending Urgency Ordinance No. 2025-03-04-1504 will expire on March 2, 2026. On February 17, 2026, City staff is presenting proposed amendments to the existing Tobacco Retailer Ordinance (SMC 5.104). In the event those proposed amendments are not adopted by the City Council, City staff is also presenting the City Council with a request to adopt a second, and final, extension of the moratorium pursuant to Government Code section 65858. Therefore, this report satisfies the requirements of California Government Code section 65858(d).

DISCUSSION: The purpose of Chapter 5.104 Tobacco Retailers is to encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, especially those that prohibit or discourage the sale or distribution of tobacco products to minors or prohibit the sale of flavored tobacco products, industrial hemp products containing intoxicating cannabinoids, and illegal cannabis, but not to expand or reduce the degree to which the acts regulated by Federal and State law are criminally proscribed or to alter the penalties provided by such laws.

On March 4, 2025, the City Council adopted a 45-day moratorium on the issuance of new tobacco retail licenses pursuant to Chapter 5.104. On April 15, 2025, that moratorium was extended for an additional 10 months and 15 days and will expire on March 2, 2026.

That moratorium was based on express findings by the City Council that the recent 409

ATTACHMENT A
proliferation of tobacco retailer businesses, specifically smoke shops, and the harmful effects of tobacco and other products sold at these establishments were negatively impacting the health, safety, and welfare of City residents, especially youth. Further, tobacco retailer businesses have also been a source of unlawful activities in the City, targets for theft and vandalism, and affiliated with the sale of illegal cannabis products and drug paraphernalia that encourage illegal activity. Stockton Police Department has conducted inspections at various tobacco retailers throughout the City and found evidence of and confiscated illegal tobacco products, including flavored tobacco, cannabis-infused items, and illegal gambling.

Since the adoption of the moratorium, City staff have continued to study the issue.

Specifically, the Administrative Service, Community Development, and Stockton Police Departments have led efforts to revise the existing Tobacco Retailer Ordinance to address the public health and safety threats created by smoke shops under the existing ordinance.

The following is a summary of the proposed revisions:

1. Added express prohibition on the sale of flavored tobacco products, industrial hemp products containing intoxicating cannabinoids, and illegal cannabis.

2. Added numerous definitions to ensure that compliance and enforcement for Chapter violations are clear.

3. Replaced having one single tobacco retailer license type with 4 separate license types:
a. Tobacco retailer- Exempt,
b. Tobacco retailer- Ancillary,
c. Tobacco retailer- Smoke shop, and
d. Tobacco retailer- Smoking lounge.

The separate license types allow for application requirements, locational criteria, operational mandates, and enforcement efforts to be tailored to the different types of business operations and their unique community impacts.

4. The license type “Tobacco retailer- Exempt” creates an exemption from the license requirement to incentivize fresh and healthy food sales for City residents.

Retail (e.g. grocery) stores have to apply for a license but are exempt from locational and operational requirements if they use less than 5% of their retail sales space for tobacco and more than 10% or more of their retail sales space for the sale and display of fresh food, including agricultural products like fresh fruits and vegetables; nuts; minimally processed prepared foods; fresh meat, fish, or poultry; juice and dairy products; and fresh baked goods, breads, and cereals.
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ATTACHMENT A

5. New application requirements:
a. In addition to existing Chapter 5.104 requirements, applicants for all four (4) license types must submit a layout of the premises showing where tobacco retailing will take place and areas where tobacco will be stored. b. Smoke shop applicants will additionally have to submit a security plan for review and approval by the Police Department that includes video surveillance, physical security, and a uniformed security personnel deployment plan.
c. Smoke shop applicants will also be subject to background checks. If, in the Chief of Police’s opinion, an applicant’s background renders them unsuitable to operate a smoke shop, then the application will be denied.

6. Requires Tobacco retail licensees to maintain a valid business license that identifies tobacco retail sales on the business license. If a license is revoked, the business license shall be updated promptly.

7. Strengthened locational criteria:
a. New Smoke shops, General tobacco retailers, and Smoking lounges cannot be within 1,000 feet of sensitive receptors or other General tobacco retailers or Smoke shops.
b. Sensitive receptors include residential zones or uses, K-12 schools, childcare facilities, public parks and youth facilities, religious facilities, and drug or alcohol recovery/treatment facilities.

8. Added express ability for law enforcement to conduct scheduled or unannounced inspections of tobacco retail licensees’ premises. a. Refusal to allow an inspection is a violation of the revised ordinance. b. A fee shall be charged for such inspections to ensure cost recovery of staff time.

9. Expanded the grounds for suspension and revocation of licenses to include the sale of tobacco to minors or selling flavored tobacco and knowingly concealing any flavored tobacco or intoxicating products with the intent to evade or avoid compliance with the revised ordinance.
a. First violation for such actions shall result in suspension for 30 days; b. Second violation shall result in suspension for 60 days; and c. Third violation shall result in revocation.

10.Added operational requirements for all tobacco retailers:
a. Tobacco retailing can only occur within the approved premises, not in the parking lot, vehicle, or storage container;
b. Clerks selling tobacco products shall be at least 21 years of age; and c. Tobacco products must be displayed in one contiguous area of the store, as shown on the approved site plan, not throughout a retail shop. 411

ATTACHMENT A

11. In addition, smoke shops must also operate:
a. Only pursuant to their Police Department approved security plan; and b. Only between 6:00 a.m. and 10:00 p.m.

12.Added requirement that neither Smoke shops nor Smoking lounges may operate as part of, or in the same business space, where alcoholic beverages are sold.

13.All tobacco retailers are banned from selling flavored tobacco; however, the new ordinance added an exception that allows licensed Smoking lounges to sell flavored premium cigars with a wholesale price of $12 each or more, flavored loose-leaf pipe tobacco, and flavored shisha/hookah tobacco for onsite consumption only.

14.Expressly prohibits tobacco retailers from displaying or selling items for the purpose of intoxication, including cannabis, psilocybin, mushrooms, nitrous, kratom, and aerosols.
a. Revisions prohibit the sale of items for consumption that contain hempderived THC or intoxicating cannabinoids.

15.Penalties for Violations have been revised to clarify allowed penalties for violations and to increase the number of violations that may be charged during an inspection.

16.The Police Department is now expressly allowed to seize any tobacco product that violates the revised ordinance.

The City Council, following the presentation of the above proposed amendments to the Tobacco Retailer Ordinance, did not adopt the proposed amendments but has directed staff to continue to study the issue and to address specific concerns raised during the presentation about how the Tobacco Retailer Ordinance can best address the public health and safety threats created by smoke shops.

Therefore, in order to make the additional revisions directed by City Council, and with the understanding that said revisions cannot be made and brought back to City Council for consideration and adoption at a regular meeting prior to the expiration of the extension of Urgency Ordinance No. 2025-03-04-1504 on March 2, 2026, City staff is presenting a request for City Council to consider a second and final extension of Urgency Ordinance No. 2025-03-04-1504 on February 17, 2026.

OPPORTUNITY FOR PUBLIC COMMENT: Members of the public will have the opportunity to comment on the proposed extension of Urgency Ordinance No. 2025-03- 04-1504 at the City Council meeting on February 17, 2026. The City will publish notice for this meeting pursuant to California Government Code section 65090. 412
ORDINANCE NO. ________________

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STOCKTON, CALIFORNIA, EXTENDING URGENCY ORDINANCE NO. 2025-03-04-1504

ADOPTING FINDINGS AND ESTABLISHING A TEMPORARY MORATORIUM ON THE

ESTABLISHMENT OF NEW AND RELOCATION OR PHYSICAL EXPANSION OF

EXISTING TOBACCO RETAILER BUSINESSES, ALSO KNOWN AS SMOKE SHOPS,

WITHIN THE CITY OF STOCKTON
The City of Stockton (“City”) is a municipal corporation duly organized as a Charter City under the constitution and laws of the State of California; and The City Council has broad discretion pursuant to Article III, Section 300 of the City Charter; California Constitution Article IX, Section 5; and the general laws of the state, including, but not limited to, the California Planning and Zoning Law (Gov. Code § 65000 et seq.), to legislate for public purposed and for the general welfare, including, but not limited to, matters of public health and safety; and
The City protects the public health, safety, and welfare of the community through numerous avenues, including by establishing and enforcing zoning, licensing, and health and safety regulations on specified commercial activities; and Government Code section 65858, subdivision (a) provides that the legislative body of a city may, to protect the public safety, health, and welfare, adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal the City Council is considering or studying or intends to study; and
Government Code section 36937 authorizes the City Council to adopt an urgency ordinance for the immediate preservation of the public peace, health, or safety; and
Government Code section 65858, subsection (a) provides that to protect against any current and immediate threats to public health, safety, or welfare, the City Council may adopt, as an urgency measure, an interim ordinance prohibiting any uses that may be in conflict with a general plan, specific plan, or zoning proposal that the City plans to study; and
On March 4, 2025, the City Council adopted the underlying Urgency Ordinance No. 2025-03-04-1504. That Ordinance was set to expire on April 18, 2025, 45 days after March 4, 2025; and
Government Code section 65858, subsection (a) provides that, after notice pursuant to Government Code section 65090 and public hearing, the City Council may extend Urgency Ordinance No. 2025-03-04-1504 for ten (10) months and fifteen (15) days and subsequently extend Urgency Ordinance No. 2025-03-04-1504 for one 413
(1) year. Pursuant to Government Code section 65858, any extension requires a fourfifths vote for adoption and no more than two (2) extensions may be adopted; and On April 15, 2025, the City Council adopted Ordinance No. 2025-04-15-1601, which extended Urgency Ordinance No. 2025-03-04-1504 for ten (10) months and fifteen (15) days so that the Ordinance is now set to expire on March 2, 2026; and The City Council deems it necessary to extend Urgency Ordinance No. 2025-03- 04-1504 by the allowed one (1) year; and
This Ordinance is an extension of Urgency Ordinance No. 2025-03-04- 1504, adopted pursuant to the authority granted to the City by Government Code section 65858, subsection (a), and is for the immediate preservation of the public health, safety, and welfare based on the City’s determination that the following facts and conditions still exist and constitute a current and immediate threat to the public health, safety, or welfare:

The City has seen a proliferation of tobacco retailer businesses, also known as smoke shops, within the City; and
There are currently 156 approved tobacco retailer businesses, and 19 license applications pending Police Department approval. Staff and the Stockton Police Department do not currently know the number of additional establishments operating without a business license in the City; and
The City is concerned about this recent proliferation of tobacco retailer businesses, locations of tobacco retailer businesses, the harmful effects of tobacco and other products sold at these establishments containing industrial hemp on the health, safety, and welfare of City residents and especially youth; and
Tobacco retailer businesses have also been a source of unlawful activities in the City, which, if not curtailed present an immediate threat to the public health, safety, and welfare; and
Tobacco retailer businesses can be a target for theft and vandalism, as well as may be affiliated with the sale of illegal cannabis products and drug paraphernalia that encourage illegal activity; and
Within the last year, the Stockton Police Department conducted inspection at various tobacco retailers throughout the City and found evidence of and confiscated illegal tobacco products including flavored tobacco, found evidence of cannabis-infused items, and illegal gambling. During enforcement of the current ordinance, four (4) Tobacco Retail Licenses were successfully revoked, ten (10) Tobacco Retail Licenses were denied and upheld on appeal, and six (6) more denials are currently pending appeal. Additionally, the Stockton Police 414
Department has conducted more than 400 inspections of tobacco retailers and issued over 60 citations; and
On November 8, 2022, California voters upheld the state law (“SB 793”) prohibiting a tobacco retailer, or any of the tobacco retailer’s agents or employees, from selling, offering for sale, or processing with the intent to sell or offer for sale, most flavored tobacco products including flavored e-cigarettes and menthol cigarettes, as well as tobacco product flavor enhancers in retail locations; and
On October 7, 2023, Governor Gavin Newsome signed into law AB 935, strengthening the enforcement of the flavored tobacco retail law and broadening the definition of retail locations; and
Cities still retain the authority to draft and enforce local flavored tobacco bans for products; and
On September 23, 2024, the California Department of Public Health (“CDPH”) promulgated emergency regulations related to industrial hemp and the threat to public health, safety, and welfare, particularly to minors; and The CDPH regulations come after California Governor Gavin Newsome directed the CDPH to draft emergency regulations, citing the increasing amounts of safety concerns from the adverse health effects of intoxicating hemp food and beverage products; and
The emergency regulations aim to combat hemp products containing tetrahydrocannabinol (“THC”) that skirt the age and sale restrictions that have been placed on recreational marijuana sold through licensed and regulated dispensaries; and
Hemp products have been found to be sold in tobacco retailer businesses, or smoke shops, with marketing aimed toward children featuring colorful packaging designs and sweet candy flavors; and
As currently defined under state law, “industrial hemp” is permitted to contain a delta-9 THC concentration of no more than 0.3 percent on a dry weight basis; however, the emergency regulations prohibit industrial hemp final form food and beverage products, specifically, from containing any detectible level of THC; and The emergency regulations expand on the number of psychoactive cannabinoids that will need to be undetectable in industrial hemp final form products, including edibles such as gummies, other candies and drinks as well as restricting serving sizes such products contain to five servings or fewer and limiting sales of the products to consumers who are at least 21 years of age; and 415
Aside from new regulations related to hemp, many state laws have been adopted, which acknowledge the public health impacts of tobacco, especially flavored tobacco products, and specifically its effect on minors. For example, state law prohibits public school students from smoking or using tobacco products while on campus, while attending school-sponsored activities, or while under the supervision or control of school district employees. State law also prohibits smoking in playgrounds. State law also prohibits smoking within twenty (20) feet of the main entrances and exits of public buildings; and Efforts by other jurisdictions to crack down on these businesses with increased enforcement and tough regulations, are indicative of both the need for more stringent regulations and the type of violations and activities the Stockton Police Department is likely to encounter as it increases its own efforts; and Based on the foregoing, the City Council, pursuant to Government Code section 65858, finds that the establishment of new, and relocation or physical expansion of existing, tobacco retailer businesses would pose a current and immediate threat to the public health, safety, or welfare, and that the extension of Urgency Ordinance No. 2025- 03-04-1504 imposing the temporary moratorium is necessary; and The City Council finds the extension of Urgency Ordinance No. 2025-03-04-1504 is a matter of City-wide importance, is a reasonable and necessary measure designed for the immediate preservation and protection of the public health, safety, or welfare of the community, and is in accord with the public purposes and provisions of applicable state and local laws and requirements; now, therefore,

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

SECTION 1. Recitals
The above recitals are true and correct and are hereby adopted as the City Council’s findings.

SECTION 2. Purpose and Activity.

In the interest of protecting the health, safety, and welfare of the residents in the City of Stockton, it is the purpose and intent of this Ordinance to place a temporary moratorium on the issuance of any new permit, license, or other entitlement for any tobacco retailer business in the City of Stockton. This includes any new permit, license, or other entitlement for the relocation or physical expansion of existing business falling under the definition of tobacco retailer as defined under this Ordinance. The City Council has the authority to adopt this Ordinance pursuant to California Government Code section 65858 as an urgency measure prohibiting any use that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City is considering or studying. 416
SECTION 3. Findings.

The City Council hereby finds and determines that Tobacco Retailer Businesses constitute an immediate threat to the public health, safety, and welfare. The approval of additional entitlements for Tobacco Retailer Businesses and approval of the relocation or physical expansion of existing Tobacco Retailer Businesses under the City’s current regulations will further threaten the public health, safety, and welfare. The adoption of this Ordinance extending Urgency Ordinance No. 2025-03-04-1504 is therefore necessary for the immediate protection of public health, safety, and welfare. The above recitals are incorporated herein by reference as true and correct and as the City Council’s findings.

SECTION 4. Definitions.

A. “Person” means and includes any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or other legal entity.

B. “Tobacco Paraphernalia” means any item designed or marketed for the consumption, use, or preparation of a tobacco product.

C. “Tobacco Product” means: (1) any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, aerosolized, vaporized, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, bidis, kreteks, snuff, e-liquids, or vape juice; (2) any device or component, part, or accessory that delivers nicotine alone or combined with other substances to the person using the device, including, but not limited, to electronic cigarette (or "e-cigarette"), electronic cigar (or "ecigar''), electronic pipe (or "e-pipe"), vape pen, electronic hookah (or "e-hookah"), cigars, or pipes, whether or not the device or component is sold separately. "Tobacco product" does not include any product that has been approved by the United States Food and Drug Administration for use as a tobacco cessation product where such product is marketed and sold solely for such an approved purpose.

D. “Tobacco Retailer Business” means any person who sells, offers for sale, exchanges, or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia without regard to the quantity sold, offered for sale, exchanged, or offered for exchange.

SECTION 5. Moratorium Imposed.

A. Scope. In accordance with the authority granted the City of Stockton under Article XI, Sections 5 and 7 of the California Constitution and California Government Code section 65858, from and after the effective date of this Ordinance, no license, 417
permit, or other entitlement for use, including, but not limited to, the issuance of a business license, building permit, conditional use permit, or other land use approval, shall be approved or issued by the City for the establishment, relocation or physical expansion of a Tobacco Retailer Business. Additionally, the establishment, relocation, or physical expansion of the Tobacco Retailer Business is hereby expressly prohibited in all areas and zoning districts of the City.

B. Exceptions. This Ordinance shall not prohibit the renewal of a business license for an existing Tobacco Retailer Business, provided that the renewal seeks to maintain the business without physical expansion and in its current location, and the Tobacco Retailer Business is operating in a manner, and housed within a building, which complies with all City, State, Federal, or otherwise applicable, codes, rules, regulations, or laws.

SECTION 6. Violation.

Except as otherwise permitted under this Ordinance, the establishment, relocation, or physical expansion of a Tobacco Retailer Business within the limits of the City is declared to be a public nuisance. Violations of this Ordinance may be enforced by any applicable laws or ordinances, including, but not limited to, injunctions or administrative or criminal penalties under the Stockton Municipal Code.

SECTION 7. Term of Ordinance.

This Ordinance shall be in effect from the date of adoption for a period of one (1) year, and will expire on February 16, 2027, and pursuant to Government Code section 65858, shall not be further extended beyond that date.

SECTION 8. Environmental Review / California Environmental Quality Act (CEQA).

This Ordinance is intended to preserve the status quo, and it will not cause a direct physical change in the environment, nor a reasonably foreseeable indirect physical change in the environment. The enactment of this Ordinance, therefore, does not constitute the approval of a project under the California Environmental Quality Act (“CEQA”), and it is exempt from CEQA.

SECTION 9. Report.

The City Manager, or designee, is authorized and directed to prepare the report required by Government Code section 65858, subsection (d), describing the measures taken to alleviate the condition which led to the adoption of this Ordinance. The report shall be presented to the City Counsel no later than ten (10) days before the expiration of this Ordinance.

SECTION 10. Severability.
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If any provision of this Ordinance or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. This City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions be severed, and the balance of the Ordinance be enforced.

SECTION 11. Effective Date and Publication.

This Ordinance, passed by at least a four-fifths vote of the City Council following a public hearing, is declared to be an interim Urgency Ordinance for preserving the public health, safety, and welfare and shall take effect and be enforced immediately upon adoption pursuant to Government Code section 36937.

PASSED and ADOPTED this 17th day of February 2026 by the following vote: , AYES:

NOES:

ABSENT:

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
______________________________

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
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City of Stockton
Legislation Text
File #: 26-0152, Version: 1
ADOPT AN URGENCY ORDINANCE AMENDING TITLE 5, CHAPTER 5.104 OF THE STOCKTON

MUNICIPAL CODE UPDATING TOBACCO RETAIL LICENSE REQUIREMENTS AND

REGULATIONS

RECOMMENDATION
It is recommended that the City Council:

1. Adopt an urgency ordinance amending Title 5, Chapter 5.104 of the Stockton Municipal Code relating to tobacco retailers.

2. Approve and issue the attached City Council Report pursuant to Government Code Section 65858(d).

3. Authorize the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance.

Summary
Staff is presenting extensive updates to the City’s existing Tobacco Retailer Ordinance (SMC 5.104).

The purpose of the Tobacco Retailer Ordinance is to encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, especially those that prohibit or discourage the sale or distribution of tobacco products to minors or prohibit the sale of flavored tobacco products, but not to expand or reduce the degree to which the acts regulated by Federal and State law are criminally proscribed or to alter the penalties provided by such laws. After adoption of the original Tobacco Retailer Ordinance in 2023, there remained a proliferation of tobacco retailer businesses, specifically smoke shops, and the harmful effects of tobacco, including flavored tobacco and other products sold at these establishments, continued to negatively impact the health, safety, and welfare of City residents, especially youth. Staff was directed to study the issue further and propose amendments to the Tobacco Retailer Ordinance which would address these issues.

Further, California Government Code Section 65858(d) requires the City Council to issue a written report ten (10) days before the earliest of either: the interim ordinance’s expiration; or prior to the adoption of an extension. The report shall describe the measures the City is taking to alleviate the condition(s) that led to the interim ordinance’s adoption. The approval and issuance of the attached City Council Report (Attachment B) will satisfy City Council’s requirements pursuant to California Government Code Section 65858(d).

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DISCUSSION
Background
On June 20, 2023, the City Council adopted Ordinance No. 2023-06-20-1502 requiring all retailers who sell tobacco and tobacco products in the City to obtain a tobacco retail license. The ordinance also provided a process for the application, approval, and denial of a license application. The ordinance went into effect on September 18, 2023, and licensing began on a rolling basis for the approximately 272 tobacco retailers existing in the City at that time. The continued rise in smoke shop applications, particularly those offering flavored tobacco and vaping products that disproportionately appeal to youth, has prompted heightened concern from community members, neighborhood groups, and public health advocates. Recent data and anecdotal reports from school administrators and neighborhood leaders suggest a correlation between the presence of tobacco retailers and increased youth access to such products. Many existing retailers are clustered in lowincome and underserved communities, raising environmental justice and equity concerns about disproportionate health impacts. Additionally, issues such as inadequate separation between smoke shops and sensitive uses (e.g., schools, daycare centers), inadequate operational standards, and limited enforcement tools have made it clear that a more robust policy framework is needed. While progress has been made during the enforcement of the current Tobacco Retailer Ordinance, including the successful revocation of four (4) existing tobacco retail licenses, the denial of ten (10) additional applications for new tobacco retail licenses, and the criminal prosecution of fifteen (15) individuals found guilty of selling flavored tobacco products, additional regulation is still necessary to adequately address the danger to public health, safety, and welfare presented by the proliferation of tobacco retailers, particularly those who continue to sell flavored tobacco products.

On March 4, 2025, the City Council adopted Urgency Ordinance No. 2025-03-04-1504, establishing a temporary 45-day moratorium on the establishment of new, and relocation or physical expansion of existing, tobacco retail businesses, commonly known as smoke shops, within the City of Stockton.

The urgency ordinance was adopted pursuant to Government Code Section 65858 in response to the increasing concentration and proliferation of tobacco and vape retailers in specific neighborhoods, particularly in proximity to schools, parks, and youth-serving facilities.

Urgency Ordinance No. 2025-03-04-1504 was set to expire on April 18, 2025. On April 15, 2025, the Stockton City Council adopted Ordinance no. 2025-04-15-1601, extending Urgency Ordinance No. 2025-03-04-1504 for 10 months and 15 days pursuant to Government Code Section 65858(a).

Ordinance No. 2025-04-15-1601 is set to expire on March 2, 2026.

The initial moratorium and subsequent extension were enacted to allow the City to assess the potential adverse impacts of tobacco retail businesses on public health, safety, youth exposure, land use compatibility, and neighborhood character, and to evaluate the effectiveness of existing regulations and prior amendments through observation and analysis.

Present Situation
Since the adoption of the moratorium, City staff have continued to study the issue. Specifically, the Administrative Services, Community Development, and Stockton Police Departments, have led efforts to revise the existing Tobacco Retailer Ordinance to further address the public health and safety threats created by smoke shops under the existing ordinance.

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The following is a summary of the proposed revisions reflected in Attachment A:

1. Added express prohibition on the sale of flavored tobacco products, industrial hemp products containing intoxicating cannabinoids, and illegal cannabis.

2. Added numerous definitions to ensure that compliance and enforcement for Chapter violations are clear.

3. Replaced having one single tobacco retailer license type with 4 separate license types:
a. Tobacco retailer- Exempt,
b. Tobacco retailer- Ancillary,
c. Tobacco retailer- Smoke shop, and
d. Tobacco retailer- Smoking lounge.

The separate license types allow for application requirements, locational criteria, operational mandates, and enforcement efforts to be tailored to the different types of business operations and their unique community impacts.

4. The license type “Tobacco retailer- Exempt” creates an exemption from the license requirement to incentivize fresh and healthy food sales for City residents.

Retail (e.g. grocery) stores have to apply for a license but are exempt from locational and operational requirements if they use less than 5% of their retail sales space for tobacco and more than 10% or more of their retail sales space for the sale and display of fresh food, including agricultural products like fresh fruits and vegetables; nuts; minimally processed prepared foods; fresh meat, fish, or poultry; juice and dairy products; and fresh baked goods, breads, and cereals.

5. New application requirements:
a. In addition to existing Chapter 5.104 requirements, applicants for all four (4) license types must submit a layout of the premises showing where tobacco retailing will take place and areas where tobacco will be stored.
b. Smoke shop applicants will additionally have to submit a security plan for review and approval by the Police Department that includes video surveillance, physical security, and a uniformed security personnel deployment plan.
c. Smoke shop applicants will also be subject to background checks. If, in the Chief of Police’s opinion, an applicant’s background renders them unsuitable to operate a smoke shop, then the application will be denied.

6. Requires Tobacco retail licensees to maintain a valid business license that identifies tobacco retail sales on the business license. If a license is revoked, the business license shall be updated promptly.

7. Strengthened locational criteria:
a. New Smoke shops, General tobacco retailers, and Smoking lounges cannot be within 1,000 feet of sensitive receptors or other General tobacco retailers or Smoke shops.

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b. Sensitive receptors include residential zones or uses, K-12 schools, childcare facilities, public parks and youth facilities, religious facilities, and drug or alcohol recovery/treatment facilities.

8. Added express ability for law enforcement to conduct scheduled or unannounced inspections of tobacco retail licensees’ premises.
a. Refusal to allow an inspection is a violation of the revised ordinance. b. A fee shall be charged for such inspections to ensure cost recovery of staff time.

9. Expanded the grounds for suspension and revocation of licenses to include the sale of tobacco to minors or selling flavored tobacco and knowingly concealing any flavored tobacco or intoxicating products with the intent to evade or avoid compliance with the revised ordinance.
a. First violation for such actions shall result in suspension for 30 days; b. Second violation shall result in suspension for 60 days; and c. Third violation shall result in revocation.

10.Added operational requirements for all tobacco retailers:
a. Tobacco retailing can only occur within the approved premises, not in the parking lot, vehicle, or storage container;
b. Clerks selling tobacco products shall be at least 21 years of age; and c. Tobacco products must be displayed in one contiguous area of the store, as shown on the approved site plan, not throughout a retail shop.

11. In addition, smoke shops must also operate:
a. Only pursuant to their Police Department approved security plan; and b. Only between 6:00 a.m. and 10:00 p.m.

12.Added requirement that neither Smoke shops nor Smoking lounges may operate as part of, or in the same business space, where alcoholic beverages are sold.

13.All tobacco retailers are banned from selling flavored tobacco; however, the new ordinance added an exception that allows licensed Smoking lounges to sell flavored premium cigars with a wholesale price of $12 each or more, flavored loose-leaf pipe tobacco, and flavored shisha/hookah tobacco for onsite consumption only.

14.Expressly prohibits tobacco retailers from displaying or selling items for the purpose of intoxication, including cannabis, psilocybin, mushrooms, nitrous, kratom, and aerosols. a. Revisions prohibit the sale of items for consumption that contain hemp-derived THC or intoxicating cannabinoids.

15.Penalties for Violations have been revised to clarify allowed penalties for violations and to increase the number of violations that may be charged during an inspection.

16.The Police Department is now expressly allowed to seize any tobacco product that violates the revised ordinance.

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Effective Date of the Ordinance
The proposed urgency ordinance will go into effect immediately upon adoption by a four-fifths (4/5) vote. Adoption of the urgency ordinance is necessary for the immediate preservation of the public health, safety, and welfare based on the City’s determination that the facts presented in the urgency ordinance still exist and constitute a current and immediate threat to the public health, safety, or welfare. Because the current moratorium on the establishment, relocation, or physical expansion of tobacco retailers is set to expire on March 2, 2026, there is a need for this ordinance to go into effect immediately so that there is not a period of time after the expiration of the moratorium but before the ordinance amending the current Tobacco Retailer Ordinance goes into effect, which would allow for the continued proliferation of smoke shops within the City in contrast to the purpose of the moratorium.

Due to the upcoming expiration of the moratorium, staff has separately agendized an extension of the moratorium under the public hearing section of the February 17, 2026 City Council agenda. In the event the City Council requires additional revisions to this ordinance, staff will recommend adoption of the moratorium extension under that item. If this ordinance is adopted, the public hearing item will be removed from the agenda.

FINANCIAL SUMMARY
Projected tobacco retail related revenue is anticipated to decrease from pre-moratorium levels. This reduction reflects enhanced regulatory requirements that are expected to limit the number of new tobacco retail business openings. Any revenue impacts are not anticipated to materially affect the City’s General Fund.

Attachment A - Proposed TRL Ordinance (Redline)
Attachment B - City Council Report Pursuant to Government Code Section 65858(d) City of Stockton Page 5 of 5 Printed on 2/12/2026
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ATTACHMENT A
ORDINANCE NO. ________________
AN URGENCY ORDINANCE AMENDING TITLE 5, CHAPTER 5.104 OF THE

STOCKTON MUNICIPAL CODE UPDATING TOBACCO RETAIL LICENSE REQUIREMENTS AND REGULATIONS.

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

SECTION I. FINDINGS AND INTENT.

The failure of tobacco retailers to comply with all tobacco control laws, particularly the sale of tobacco products to minors, presents a threat to the public health, safety, and welfare. A local licensing program for tobacco retailers is intended to ensure that tobacco retailers comply with tobacco control laws and business standards of the City of Stockton and to protect the health, safety, and welfare of those persons who reside in, work in, and visit the City of Stockton.

State law explicitly authorizes cities to enact local tobacco retail licensing ordinances and allows for the suspension or revocation of a local license for a violation of any state tobacco control law. A requirement for a tobacco retail license will not unduly burden legitimate business activities of retailers who sell or distribute tobacco products to adults but will allow the City of Stockton to regulate the operations of lawful businesses to discourage violations of Federal, State, and local tobacco-related laws. The City of Stockton has a substantial interest in promoting compliance with Federal, State, and local laws intended to regulate tobacco sales and use; discouraging the illegal purchase of tobacco products by minors; promoting compliance with laws prohibiting sales of tobacco products to minors; and protecting children from being lured into illegal activity through the misconduct of adults.

On June 20, 2023, this Chapter was adopted by the City of Stockton, creating a tobacco retail license requirement and regulations. On March 4, 2025, the City of Stockton adopted a 45-day moratorium on the issuance of new tobacco retail licenses pursuant to this Chapter and on April 15, 2025, that moratorium was extended for an additional 10 months and 15 days. The moratorium was based on express findings by the City of Stockton that the recent proliferation of tobacco retailer businesses, specifically smoke shops, and the harmful effects of tobacco and other products sold at these establishments were negatively impacting the health, safety, and welfare of City residents, especially youth. Further, tobacco retailer businesses have also been a source of unlawful activities in the City, targets for theft and vandalism, and affiliated with the sale of illegal cannabis products and drug 425

ATTACHMENT A
paraphernalia that encourage illegal activity. Since the adoption of the moratorium, City staff have continued to study the issue and proposed revisions to the existing Tobacco Retailer Ordinance to address the public health and safety threats created by smoke shops under the existing ordinance.

This Chapter is hereby amended to specifically address those findings and to continue to encourage responsible tobacco retailing and to discourage violation of tobaccorelated laws, especially those that prohibit or discourage the sale or distribution of tobacco products to minors or that prohibit the sale of flavored tobacco products, industrial hemp products containing intoxicating cannabinoids, and illegal cannabis. This Chapter does not expand or reduce the degree to which the acts regulated by Federal or State law are criminally proscribed or alter the penalties provided by such laws.

Nothing in this Chapter shall be construed to penalize the purchase, use, or possession of a tobacco product by any person not engaged in tobacco retailing.

The City Council further finds that the immediate adoption of this ordinance pursuant to California Government Code sections 36934 and 36937 is necessary for the immediate preservation of the public health, safety, and welfare based on the City’s determination that the following facts and conditions still exist and constitute a current and immediate threat to the public health, safety, or welfare:

The City has seen a proliferation of tobacco retailer businesses, also known as smoke shops, within the City; and
There are currently 156 approved tobacco retailer businesses, and 19 license applications pending Police Department approval. Staff and the Stockton Police Department do not currently know the number of additional establishments operating without a business license in the City; and
The City is concerned about this recent proliferation of tobacco retailer businesses, locations of tobacco retailer businesses, the harmful effects of tobacco and other products sold at these establishments containing industrial hemp on the health, safety, and welfare of City residents and especially youth; and
Tobacco retailer businesses have also been a source of unlawful activities in the City, which, if not curtailed present an immediate threat to the public health, safety, and welfare; and
Tobacco retailer businesses can be a target for theft and vandalism, as well as may be affiliated with the sale of illegal cannabis products and drug paraphernalia that encourage illegal activity; and
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ATTACHMENT A
Within the last year, the Stockton Police Department conducted inspection at various tobacco retailers throughout the City and found evidence of and confiscated illegal tobacco products including flavored tobacco, found evidence of cannabis-infused items, and illegal gambling. During enforcement of the current ordinance, 4 Tobacco Retail Licenses were successfully revoked, 10 Tobacco Retail Licenses were denied and upheld on appeal, and 6 more denials are currently pending appeal. Additionally, the Stockton Police Department has conducted more than 400 inspections of tobacco retailers and issued over 60 citations; and
On November 8, 2022, California voters upheld the state law (“SB 793”) prohibiting a tobacco retailer, or any of the tobacco retailer’s agents or employees, from selling, offering for sale, or processing with the intent to sell or offer for sale, most flavored tobacco products including flavored e-cigarettes and menthol cigarettes, as well as tobacco product flavor enhancers in retail locations; and
On October 7, 2023, Governor Gavin Newsome signed into law AB 935, strengthening the enforcement of the flavored tobacco retail law and broadening the definition of retail locations; and
Cities still retain the authority to draft and enforce local flavored tobacco bans for products; and
On September 23, 2024, the California Department of Public Health (“CDPH”) promulgated emergency regulations related to industrial hemp and the threat to public health, safety, and welfare, particularly to minors; and The CDPH regulations come after California Governor Gavin Newsome directed the CDPH to draft emergency regulations, citing the increasing amounts of safety concerns from the adverse health effects of intoxicating hemp food and beverage products; and
The emergency regulations aim to combat hemp products containing tetrahydrocannabinol (“THC”) that skirt the age and sale restrictions that have been placed on recreational marijuana sold through licensed and regulated dispensaries; and
Hemp products have been found to be sold in tobacco retailer businesses, or smoke shops, with marketing aimed toward children featuring colorful packaging designs and sweet candy flavors; and
As currently defined under state law, “industrial hemp” is permitted to contain a delta-9 THC concentration of no more than 0.3 percent on a dry weight basis; 427

ATTACHMENT A
however, the emergency regulations prohibit industrial hemp final form food and beverage products, specifically, from containing any detectible level of THC; and The emergency regulations expand on the number of psychoactive cannabinoids that will need to be undetectable in industrial hemp final form products, including edibles such as gummies, other candies and drinks as well as restricting serving sizes such products contain to five servings or fewer and limiting sales of the products to consumers who are at least 21 years of age; and Aside from new regulations related to hemp, many state laws have been adopted, which acknowledge the public health impacts of tobacco, especially flavored tobacco products, and specifically its effect on minors. For example, state law prohibits public school students from smoking or using tobacco products while on campus, while attending school-sponsored activities, or while under the supervision or control of school district employees. State law also prohibits smoking in playgrounds. State law also prohibits smoking within twenty (20) feet of the main entrances and exits of public buildings; and Efforts by other jurisdictions to crack down on these businesses with increased enforcement and tough regulations, are indicative of both the need for more stringent regulations and the type of violations and activities the Stockton Police Department is likely to encounter as it increases its own efforts; and On March 4, 2025, the City Council adopted the Urgency Ordinance no. 2025-03- 04- 1504, creating a moratorium on the establishment of new, and relocation or physical expansion of existing, tobacco retail businesses in the City. That Ordinance was set to expire on April 18, 2025, 45 days after adoption; and
On April 15, 2025, the City Council adopted Ordinance no. 2025-04-15-1601, which extended Urgency Ordinance no. 2025-03-04-1504 for 10 months and 15 days so that the Ordinance is now set to expire on March 2, 2026; and The City Council finds and declares that the adoption and implementation of this ordinance is necessary to address the danger to public health, safety, and general welfare as articulated above, and to prevent a lapse between the expiration of the current moratorium on the establishment of new, and relocation or physical expansion of existing, tobacco retail businesses and the adoption of this ordinance addressing the issues which precipitated said moratorium.

SECTION II. AMENDMENT OF CODE.

Title 5, Chapter 5.104 of the Stockton Municipal Code is hereby amended and shall read as follows:
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5.104.010. Purpose and application.

The purpose of this chapter is to encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, especially those that prohibit or discourage the sale or distribution of tobacco products to minors or prohibit the sale of flavored tobacco products, industrial hemp products containing intoxicating cannabinoids, and illegal cannabis, but not to expand or reduce the degree to which the acts regulated by Federal and State law are criminally proscribed or to alter the penalties provided by such laws.

5.104.020. Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
“Alcoholic beverage sales establishment” has the same meaning as “Alcoholic Beverage Sales Establishment” in SMC Section 16.80.040, which states “An establishment where alcoholic beverage sales activity occurs, including but not limited to: liquor stores, beer and wine stores, convenience markets, neighborhood specialty food markets, retail sales establishments, wine shops, service stations, taverns, clubs, cocktail lounges, ballrooms, cabarets, dance bars, piano bars, billiard or game parlors, bowling alleys, nightclubs, dance halls, cafes, bars, restaurants with bars, full-service restaurants, and fast food establishments.”
"Applicant" means and includes any person or entity who submits an application for a tobacco retail license.
"Application" means the application submitted under SMC Section 5.104.040 for a tobacco retail license allowing the person or entity to engage in tobacco retailing at the designated premises.
"Arm's length transaction" means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for the primary purpose of avoiding the effect of the violations of this chapter that occurred at the location, is presumed not to be an "arm's length transaction."
"Change of ownership" means a change of 50 percent or more of the ownership of the business within a 12-month period.
"Characterizing flavor" means a taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a tobacco product or any byproduct produced by the tobacco product, including, but not limited to, tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcohol beverage, herb, or spice. “Convenience store” has the same meaning as “convenience stores” in SMC Section

16.240.020, which states, “Easy access retail stores selling a combination of alcohol, gasoline, and a range of merchandise to provide a variety of items primarily for the 429

ATTACHMENT A
motoring public. Convenience stores shall comply with the standards for alcoholic beverage sales (off-sale) (Section 16.80.040) and for problem uses (Section

16.80.270).”
"Flavored tobacco product" means any tobacco product that imparts a characterizing flavor or produces a cooling sensation.
“Hookah” means a single or multi-stemmed water pipe that is often shaped like a bottle or small tank that is used for heating or vaporizing and then smoking tobacco, with the smoke drawn through the water before inhalation. It is also known as a shisha. “Intoxicating Cannabinoid” means delta-8 tetrahydrocannabinol (THC), delta-9 tetrahydrocannabinol (THC), delta-10 tetrahydrocannabinol (THC), tetrahydrocannabinolic acid (THCA), and the following THC or comparable cannabinoids, including but not limited to any metabolites, derivatives, salts, isomers, and any salt or acid of an isomer of:
(1) Delta-5 tetrahydrocannabinol (THC);
(2) Delta-6 tetrahydrocannabinol (THC);
(3) Delta-6a tetrahydrocannabinol (THC);
(4) Delta-7 tetrahydrocannabinol (THC);
(5) Delta-10a tetrahydrocannabinol (THC);
(6) Delta-11 tetrahydrocannabinol (THC);
(7) Delta-11-Hydroxy- tetrahydrocannabinol (THC);
(8) Exo-tetrahydrocannabinol;
(9) 1-pentyl-3-(1-naphthoyl)indole (JWH-018);
(10) 1-butyl-3-(1-naphthoyl)indole (JWH-073);
(11) 1-pentyl-3-(4-methoxynaphthoyl)indole (14-JWH-200); (12) 1-pentyl-3-(2-methoxynaphthoyl)indole (JWH-250);
(13) 1-pentyl-3-(4-chloronaphthoyl)indole (JWH-398);
(14) 5-(1,1-Dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497); (15) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2- yl)6a,7,10,10a-tetrahydrobenzo[c] chromen-1-ol (HU-210); (16) (6a,10a)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)- 6a,7,10,10atetrahydro-6H-benzo[c]chromen-1-ol (HU-211); (17) All tetrahydrocannabivarins (THCV), including but not limited to delta-8 tetrahydrocannabivarin and similar;
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ATTACHMENT A
(18) All metabolites of tetrahydrocannabinol (THC), including but not limited to 11hydroxy-THC, 3-hydroxy-THC, and 7- hydroxy-THC;
(19) Any combination of the compounds, including but not limited to hexahydrocannabiphorol-O-ester and this list;
(20) All hydrogenated forms of tetrahydrocannabinol (THC), including but not limited to hexahydrocannabinol (HHC), hexahydrocannabiphorol (HHCP), and hexahydrocannabihexol (HHCH);
(21) All hydrogenated forms of hexahydrocannabinol (HHC) including but not limited to 8-hydroxyhexahydrocannabinol, 10-hydroxyhexahydrocannabinol; (22) All ester forms of tetrahydrocannabinol (THC), including but not limited to delta8 THC-O-acetate, delta-9 THC-O-acetate, and hexahydrocannabinol-Oacetate; (23) Analogues of tetrahydrocannabinols with alkyl chain of four or more carbon atoms, including but not limited to tetrahydrocannabiphorols (THCP), tetrahydrocannabioctyls, tetrahydrocannabihexols (THCH), tetrahydrocannabidiol (THC-JD), and tetrahydrocannabutols; (24) Tetrahydrocannabinol acetate (THC-O);
(25) N-(1-Amino-1-methyl-ethyl)-5-fluoropentyl-1-naphthalen-2-yl-1H-indole3carboxamide (XRL-11 &15); (26) N-(1-Amino-1-methyl-ethyl)-5-fluoropentyl-1-naphthalen-2-yl-1H-indole3carboxamide (UR-144); (27) N-(1-Amino-1-methyl-ethyl)-5-fluoropentyl-1-naphthalen-2-yl-1H-indole3carboxamide (FUB-144); (28) N-(1-Amino-1-methyl-ethyl)-5-fluoropentyl-1-naphthalen-2-yl-1H-indole3carboxamide (AMB-FUBINACA); (29) (3-[(1R,4R)-Isopropyl-2-methyl-1,3-benzodioxol-5-yl]-N-(2,4-dimethyl3methylbenzoyl)-N-methyl-1,2,3,4-tetrahydroisoquinolin-6-amine) (THJ-220); and
(30) (3-[(1R,4R)-Isopropyl-2-methyl-1,3-benzodioxol-5-yl]-N-(2,4-dimethyl3methylbenzoyl)-N-methyl-1,2,3,4-tetrahydroisoquinolin-6-amine) (RCS-4). "Licensee" means and includes the holder of a tobacco retail license and any person required to have a tobacco retail license under this chapter, whether or not such person is actually so licensed.
"Loitering" means the act of remaining upon posted property without the permission of the owner or person in lawful possession.
"Person" means and includes any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or other legal entity.
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"Playground" means an active recreational area with a variety of facilities, including equipment for younger children, as well as court and field games. Playground does not include play areas located on the site of residential homes or private facilities. "Premises" means any building or portion of any building where the licensed tobacco retailing occurs.
"Proprietor" means a person with an ownership or managerial interest in a business.

An ownership interest shall be deemed to exist when a person has a 10 percent or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person has, or can have, sole or shared control over the day-to-day operations of a business.
“Retail store” has the same meaning as “retail stores” in SMC Section 16.240.020, which states: “Stores and shops selling goods or merchandise, not specifically listed under another land use, to the general public for personal or household consumption and rendering services incidental to the sale of goods.” "School" means any public or private academic school for students in kindergarten through 12th grade, nursery school, preschool, or daycare facility. “Smoke shop” means a tobacco retailer that utilizes 25% or more of its retail sales space for the sale, display, marketing, or exchange of tobacco, tobacco products, or tobacco paraphernalia or holds itself out to the public as a smoke shop, or as determined by the Chief of Police, or designee, based on a totality of the circumstances, including but not limited to the onsite inventory of the business. “Smoking lounge” means a tobacco retailer that is dedicated in whole or in part to the purchase and onsite consumption of tobacco products, including but not limited to establishments known variously as cigar lounges, hookah lounges, tobacco clubs, tobacco bars, etc.
"Tobacco product" means: (1) any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, aerosolized, vaporized, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, bidis, kreteks, snuff, e-liquids, or vape juice; (2) any device or component, part, or accessory that delivers nicotine alone or combined with other substances to the person using the device, including, but not limited, to electronic cigarette (or "e-cigarette"), electronic cigar (or "e-cigar''), electronic pipe (or "e- pipe"), vape pen, electronic hookah (or "e-hookah"), cigars, or pipes, whether or not the device or component is sold separately. "Tobacco product" does not include any product that has been approved by the United States Food and Drug Administration for use as a tobacco cessation product where such product is marketed and sold solely for such an approved purpose.
"Tobacco paraphernalia" means any item designed or marketed for the consumption, use, or preparation of a tobacco product.
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"Tobacco retailer" means any person who sells, offers for sale, exchanges, or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia without regard to the quantity sold, offered for sale, exchanged, or offered for exchange.
“Tobacco retailer- Ancillary” means a tobacco retailer that is a retail store as defined by SMC Title 16 that utilizes less than 250 sq. ft. of its total space, or where the total space is 250 sq. ft. or less that utilizes less than 5 sq. ft., for the sale, display, marketing, or exchange of tobacco, tobacco products, or tobacco paraphernalia. “Tobacco retailer- Exempt” means a tobacco retailer that is a retail store as defined in SMC Title 16 at a fixed premises that utilizes less than 5% of the retail sales space for tobacco retailing and utilizes 10% or more of the retail sales space for the sale and display of fresh food, including agricultural products like fresh fruits and vegetables; nuts; minimally processed prepared foods; fresh meat, fish, or poultry; juice and dairy products; and fresh baked goods, breads, and cereals.
“Tobacco retailer- General” means a tobacco retailer that does not meet the definition of Tobacco retailer- Ancillary, Exempt, Smoke shop, or Smoking lounge. "Tobacco retailing" means engaging in any of those activities of a tobacco retailer.

5.104.030. City issued tTobacco retail license required.

A. It shall be unlawful for any person to act as a tobacco retailer, engage in tobacco retailing, or allow tobacco retailing in the City without first obtaining and maintaining a valid tobacco retail license pursuant to the provisions of this chapter for each fixed location at which tobacco retailing is to occur. No license will be issued to authorize tobacco retailing at other than a fixed location.

B. This section applies regardless of whether a person holds a valid cigarette and tobacco retailer's license from the California Department of Tax and Fee Administration (CDTFA).

A.C. Nothing in this chapter shall be construed to grant any person or entity obtaining a tobacco retail license any status other than the right to act as a tobacco retailer at the location in the City identified on the face of the tobacco retail license, subject to compliance with all other applicable laws, regulations, and ordinances.

Nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of any other provision of applicable law, including, without limitation, any condition of limitation on indoor smoking made applicable to business establishments by Section 6404.5 of the Labor Code.

5.104.040. License application.

A. Every person who proposes to act as a tobacco retailer, engage in tobacco retailing, or allow tobacco retailing in the City shall submit an application for a license to the City in writing on forms provided by the City.

B. An applicantapplication shall be for a fixed location. If an applicant is proposing to 433

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conduct tobacco retailing at more than one fixed location, then they shall submit a separate application for each location.

A.C.Each application shall be submitted under oath, in duplicate, and shall contain such information pertinent to the business as the City may require. Such information to be provided shall include, but not be limited to, the following:

1. The true name, address, and telephone number of each proprietor;

2. The business name, address, and telephone number of the fixed location for which a license is sought;

3. The type of tobacco retail license sought: Tobacco retailer- Ancillary, Exempt, General, Smoke shop, or Smoking lounge.

4. Any other type of business operation that the licensee operates on the premises: retail store (the specific type), convenience store, or alcoholic beverage establishment.

5. A site plan showing the layout of the premises, including but not limited to the contiguous area where tobacco retailing will take place and areas where tobacco products will be stored.

3.6. Whether or not any proprietor has previously been issued a license pursuant to this chapter that is, or was at any time, suspended, revoked, or cited for violation of any part of this chapter, and, if so, the dates of the suspension period, the date of revocation, or date of the violation; and

7. Whether or not any proprietor has been cited by law enforcement for selling tobacco products without a required tobacco retail license.

8. Whether or not any proprietor has been cited by law enforcement for selling, offering for sale, or possessing with the intent to sell flavored tobacco products.

9. Such other information as any department director deems necessary for the administration or enforcement of this chapter.

10. For Tobacco retailer- Smoke shop license applications:
a. The applicant shall also submit a security plan for review and approval by the Police Department that includes video surveillance, physical security, and a uniformed security personnel deployment plan. a.b. Once City staff receives the application and required security plan, the original shall be transmitted to the Chief of Police who shall initiate an investigation into the applicant's business background and moral character as the Chief deems necessary for the protection of the public welfare. The Chief of Police shall approve the application unless, as the result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, or if the applicant has been 434

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convicted of any violation of this title, a felony, a misdemeanor involving moral turpitude, or a violation of any narcotics law. However, if, in the opinion of the Chief of Police, an applicant's prior criminal conviction is such that it would not render the applicant unsuitable to engage in the business of operating a Tobacco retailer- Smoke shop or otherwise endanger the public welfare, the Chief of Police, in their discretion, may approve the application. The Chief of Police shall return the approved application to the Administrative Services Officer, who shall, upon payment of the license fee herein prescribed deliver the license to the applicant. If the Chief of Police disapproves the application, the reasons for such disapproval shall be noted on the application and the application shall be returned to the Administrative Services Officer. The Administrative Services Officer shall notify the applicant of the disapproval and that no license will be issued.

B.D.The applicant shall pay a nonrefundable application fee in an amount as may be fixed and established from time to time by resolution of the City Council.

Thereafter, if a tobacco retail license is granted, the licensee shall pay an annual fee in an amount as may be fixed and established by City Council resolution.

C.E. The applicant must provide a statement to the City to the effect that the applicant understands and agrees that any business or activity conducted or operated under any license issued under such application shall be operated in full conformity with all applicable laws of the United States of America, the State of California, the County of San Joaquin, and the laws and regulations of the City applicable thereto, and that any violation of any such laws or regulations in such place of business, or in connection therewith, may render any tobacco retail license therefor subject to immediate suspension or revocation.

D.F. The applicant must provide a copy of any valid current permit or license from the California Department of Tax and Fee Administration Board of Equalization or any other applicable tobacco retail licensing agency, where the applicant is required to obtain any such permit or license in order to lawfully engage in tobacco retailing in the State of California and/or in the County of San Joaquin.

E.G. The applicant hereunder is seeking the granting of a privilege. Therefore, tThe burden of proving qualifications to receive such a license is at all times on the applicant. An applicant must accept all risks of adverse public notice, publicity, embarrassment, criticism, financial loss, or all other actions and consequences which may result from activities with respect to reviewing, processing, and approving or disapproving any application. A waiver of any claims for damages against the City or its agents resulting therefrom shall be presumed upon the filing of an application for a tobacco retail license.

F.H. Each applicant shall be responsible for providing truthful, complete, and accurate information and for signing the license application.

G.I. The applicant shall submit written documentation stating that the property owner of the real property upon which the tobacco retailing is to be conducted is fully 435

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aware of the property's intended use. Documentation is to include the name, address, and contact telephone number for the property owner.

H.J. The applicant must provide a statement to the City that the applicant will hold harmless, indemnify, and defend the City against all claims and litigation arising from the issuance of the tobacco retail license, including, without limitation, any claims and litigation arising from the establishment, operation, or ownership of the tobacco retailer.

I.K. An application shall not be deemed complete until all the information required in subsections A through JH have been provided to the City and the required fees and any applicable business tax required by any provision of this code have been paid.

J.L. The application for a license pursuant to this chapter shall not authorize the maintenance, operation, or conduct of tobacco retailing until such license has been granted. The issuance of a business license pursuant to Title 5 of the Stockton Municipal Code shall not authorize the maintenance, operation, or conduct of a tobacco retailer until the license required by this chapter has been lawfully granted.

5.104.050. Business license.

A. Nothing herein shall constitute a waiver of the requirements of Title 5 of the Stockton Municipal Code requiring issuance and possession of a valid business license.

A.B. Tobacco retail licensees shall maintain a valid business license that identifies tobacco retail sales on the business license. Failure to do so shall constitute a violation of this Chapter.

5.104.060. Issuance and renewal of license; grounds for denial.

A. Upon the receipt of an application for a license and the applicable fee, the City shall issue a tobacco retail license unless any of the following exist:

1. The application is incomplete or inaccurate.

2. The application seeks authorization for tobacco retailing at an address that appears on a license that is suspended, has been revoked, or is subject to suspension or revocation proceedings for violation of any of the provisions of this chapter; provided, however, this subsection shall not constitute a basis for denial of a license if either or both of the following apply:
a. The applicant provides the City with documentation demonstrating that the applicant has acquired or is acquiring the premises or business in an arm's length transaction. Any exemption granted to a tobacco retailer pursuant to section 5.104.070 shall cease to apply.
b. It has been more than five years since the most recent license for that 436

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location was revoked. Any exemption granted to a tobacco retailer pursuant to section 5.104.070 shall cease to apply

3. The application seeks authorization for tobacco retailing that is unlawful pursuant to this code, or that is unlawful pursuant to any other local, State, or Federal law.

4. Making any false statements in the application or as to any other information presented as part of the application process.

5. Evidence of current or prior unlawful or nuisance-creating operation in this or another jurisdiction.

6. The proposed location does not comply with section 5.104.070.

6. The application seeks authorization for tobacco retailing at any location within 600 feet of a school, public park, public playground, public recreational area, or youth facility, as measured in a straight line from the parcel boundary of these locations to the boundary lines of the parcel of the tobacco retail license applicant's proposed business location. However, the prohibition contained in this subsection (A)(6) shall not apply to the following:
a. Any tobacco retailer operating lawfully on the day before the effective date of City of Stockton Ordinance 2023-06-20-1502.
b. Any lawfully operating tobacco retailer that would otherwise become ineligible to receive a new license due to the creation or relocation of a school, public park, public playground, public recreational area, or youth facility.
c. Any location that satisfies both of the following:
i. A tobacco retailer was lawfully operating at the location on the day before the effective date of City of Stockton Ordinance 2023-06-20- 1502, or a tobacco retailer was lawfully operating at the location pursuant to subsection d of this section, and
ii. Either: (a) The location has since been a licensed tobacco retail location, without interruption, except that the most recently issued license for the location may have expired no more than six months from the date of the present application, or (b) the present application has been submitted less than one year since the effective date of City of Stockton Ordinance 2023-06-20-1502. d. Any location that was a qualified development project, as defined below, before the effective date of City of Stockton Ordinance 2023-06-20- 1502. A "qualified development project" for purposes of this section is one where a land use permit or entitlement application has been determined by the Community Development Department to be complete before the effective date of City of Stockton Ordinance 2023-06-20-1502, 437

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and said land use permit or entitlement application has not expired pursuant to SMC Section 16.96.020(B).

7. The application seeks authorization for tobacco retailing at any location within 600 feet of a location occupied by another tobacco retailer, as measured in a straight line from the parcel boundary of an existing tobacco retailer's business location to the boundary lines of the parcel of the tobacco retailer license applicant's proposed business location. However, the prohibition contained in this subsection (A)(7) shall not apply to the following:
a. Any tobacco retailer operating lawfully on the day before the effective date of City of Stockton Ordinance 2023-06-20-1502; or b. Any location that satisfies both of the following:
i. A tobacco retailer was lawfully operating at the location on the day before the effective date of City of Stockton Ordinance 2023-06-20- 1502, or a tobacco retailer was lawfully operating at the location pursuant to subsection c of this section, and
ii. Either: (a) The location has since been a licensed tobacco retail location, without interruption, except that the most recently issued license for the location may have expired no more than six months from the date of the present application, or (b) the present application has been submitted less than one year since the effective date of City of Stockton Ordinance 2023-06-20-1502. c. Any location that was a qualified development project, as defined below, before the effective date of City of Stockton Ordinance 2023-06-20- 1502. A "qualified development project" for purposes of this section is one where a land use permit or entitlement application has been determined by the Community Development Department to be complete before the effective date of City of Stockton Ordinance 2023-06-20-1502, and said land use permit or entitlement application has not expired pursuant to SMC Section 16.96.020(B).

8.7. Any exemption granted to a tobacco retailer pursuant to section 5.104.070 shall cease to apply if a tobacco retailer fails to timely renew the tobacco retail license pursuant to this chapter or shall cease to apply if the tobacco retail license is revoked pursuant to this chapter.

9.8. The City is in possession of information that the applicant or his agents or employees has violated any local, State, or Federal tobacco control law within the preceding 30-day period.

10.9.The applicant does not have a valid current permit or license from the California Department of Tax and Fee Administration Board of Equalization or any other applicable tobacco retail licensing agency, where the applicant is required to obtain any such permit or license in order to lawfully engage in tobacco retailing in the State of California and/or in the County of San 438

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Joaquin.

B. If the City does not approve a license or renewal of a license, the City shall notify the applicant of the specific grounds for the denial in writing. The notice shall be served personally, by regular mail, or by certified mail not later than five days after the denial. If notice is delivered by mail, it shall be addressed to the applicant at the address as it appears on the application. The giving of notice shall be deemed complete at the time of deposit of the notice in the United States mail without extension of time for any reason. In lieu of mailing, the notice may be served personally by delivering to the person to be served and service shall be deemed complete at the time of such delivery. Personal service to a corporation may be made by delivery of the notice to any person designated in the California Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.

C. The denial of a tobacco retail license or renewal of a license may be appealed.

Notice of such appeal, in writing stating the grounds for such appeal, and admitting or denying those determinations of the City included in the denial notice, shall be filed with the Chief of Police, or designee, within 10 days of the giving of the denial notice as specified in subsection B above. Upon failure to file the notice of appeal within the 10-day period, the action of the City in denying such tobacco retail license or renewal of such license shall be final and conclusive. If the notice of appeal is filed in timely order, accompanied by payment of an appeal fee in an amount as may be established from time to time by resolution of the City Council, the Chief of Police, or designee, shall refer the matter to the City Attorney for scheduling of an administrative appeal hearing in accordance with the provisions of Chapter 1.44 of this code.

D. Notwithstanding Section 5.104.070, in the event a tobacco retailer files a timely appeal from the denial of the renewal of a license pursuant to subsection C above, the tobacco retailer may continue to operate under the existing license pending the appeal decision. The determination of the administrative hearing officer shall be final.

5.104.070. Locational requirements for tobacco retail license locations.

A. The locational criteria identified in subsections B-E below do not apply to the following tobacco retailers:

1. Any business with a City-issued license to operate as a:
a. Tobacco retailer -Exempt; or
b. Tobacco retailer- Ancillary.

2. Any tobacco retailer operating lawfully on the day before the effective date of City of Stockton Ordinance 2023-06-20-1502; or

3. A tobacco retailer was lawfully operating at the location on the day before the effective date of City of Stockton Ordinance 2023-06-20-1502, or a tobacco 439

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retailer was lawfully operating at the location pursuant to subsection 4 of this section; and

4. Any location that was a qualified development project, as defined below, before the effective date of City of Stockton Ordinance 2023-06-20-1502. A "qualified development project" for purposes of this section is one where a land use permit or entitlement application has been determined by the Community Development Department to be complete before the effective date of City of Stockton Ordinance 2023-06-20-1502, and said land use permit or entitlement application has not expired pursuant to SMC Section

16.96.020(B).

B. Tobacco retailer- General: Shall not be located within 1,000 feet of any of the following, as measured in a straight line from the parcel boundary of these locations to the boundary lines of the parcel of the tobacco retail license applicant's proposed business location.:

1. Residential zone or use;

2. A public or private academic school for students in kindergarten through 12th grade, nursery school, preschool, or childcare facility;

3. Public park, playground, recreational area, or youth facility;

4. Religious facilities;

5. Drug abuse, or alcohol recovery/treatment facility; or

6. Any other tobacco retailer-general or tobacco retailer-smoke shop.

C. Tobacco retailer- Smoke shop: Shall not be located within 1,000 feet of any of the following, as measured in a straight line from the parcel boundary of these locations to the boundary lines of the parcel of the tobacco retail license applicant's proposed business location.:

1. Residential zone or use;

2. A public or private academic school for students in kindergarten through 12th grade, nursery school, preschool, or childcare facility;

3. Public park, playground, recreational area, or youth facility;

4. Religious facilities;

5. Drug abuse, or alcohol recovery/treatment facility; or

6. Any other tobacco retailer-general or tobacco retailer-smoke shop.

D. Tobacco retailer- Smoking Lounge: Shall not be located within 1,000 feet of any of the following, as measured in a straight line from the parcel boundary of these locations to the boundary lines of the parcel of the tobacco retail license applicant's proposed business location.:
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1. Residential zone or use;

2. A public or private academic school for students in kindergarten through 12th grade, nursery school, preschool, or childcare facility;

3. Public park, playground, recreational area, or youth facility;

4. Religious facilities;

5. Drug abuse, or alcohol recovery/treatment facility; or

1.6. Any other tobacco retailer-general or tobacco retailer-smoke shop.

5.104.0780. Annual renewal of tobacco retail license.

A tobacco retail license shall be valid for one year from the date of issuance, unless earlier suspended or revoked. Any person that holds a tobacco retail license may obtain a newrenew their license for the succeeding year by applying for said new license and paying the required fees, in accordance with Section 5.104.040 of this chapter, between the first day of the month following the expiration date and no later than the last day of that month. 30 days prior to the expiration date of the current tobacco retail license, but no earlier than 60 days prior to the expiration of the license.A license for which an application or fee for renewal is received or postmarked after the last day of that month shall not be renewed. However, aA license that has been revoked or is subject to revocation proceedings shall not be renewed. 441

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5.104.090. Inspection of licensed premises.

A. Law enforcement may conduct scheduled or unannounced inspections of tobacco retail licensees’ premises during posted business hours or of any location where there is evidence of tobacco retailing activities or evasion of cigarette or tobacco products tax and violations of Revenue and Taxation Code section 30165.1 may be discovered.

B. If law enforcement finds a violation(s) of this chapter at any time, then law enforcement may require a reinspection to confirm that any violations have been corrected.

C. Any law enforcement inspection of tobacco retail licensees’ premises may include all areas identified in the licensee’s application as well as any area within or around the premises that law enforcement reasonably believes is relevant to determining compliance with this chapter.

D. Refusal to allow an inspection pursuant to this section is in violation of this chapter.

E. A fee shall be charged for all inspections in an amount as may be fixed and established from time to time by resolution of the City Council. That fee shall include the cost for a standard inspection and, additionally, allow for the collection of additional time charged at an identified hourly rate if inspectors seize items pursuant to this chapter.

5.104.080100. License nontransferable.

A license is nontransferable.

A. If a licensee changes business location:
a. , tTheat licensee must obtain a new license prior to acting as a tobacco retailer at the new location.
b. Any applicable exemptions from locational criteria pursuant to Section 5.104.070(A)(2)-(4) shall not apply to the new license..

B. If a business licensed to conduct tobacco retailinglicensee experiences a changes of ownership:
a. , tThe licenseebusiness must obtain a new license for reflecting the new owner(s) within 30 days of the ownership change or stop acting as a tobacco retailer.
a.b. Any applicable exemptions from locational criteria pursuant to Section 5.104.070(A)(2)-(4) shall not apply to the new license. that location before acting as a tobacco retailer.
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5.104.090110. Display of license.

Each license shall be prominently displayed in a publicly visible location at the licensed premises.

5.104.12000. Grounds for suspension or revocation of a tobacco retail license.

In addition to any other remedy authorized by law, a license shall be suspended or revoked as provided in this section.

A. A license may be suspended or revoked pursuant to this subsection A if the Chief of Police, or designee, finds that the licensee, or his or her agents or employees, has or have violated this chapter, any State or local law relating to the sale of tobacco products to a minor, including without limitation California Penal Code Section 308 and this chapter, or any State or local law relating to the sale of flavored tobacco products, including, without limitation, California Health and Safety Code Section 104559.5 and Business and Professions Code Section 22974.8 and this chapter; provided, however, violations by a licensee at one location may not be accumulated against other locations of that same licensee, nor may violations accumulated against a prior licensee at a licensed location be accumulated against a new licensee at the same licensed location. The Chief of Police, or designee, may concurrently make multiple findings of prior violations within any five year period; in which case, suspensions provided for in this subsection A shall run concurrently.

1. Upon a finding by the Chief of Police, or designee, of a first violation for:
a. Selling tobacco products to minors or selling flavored tobacco (unless the licensee is a smoking lounge selling allowed flavored tobacco) within any five year period, the license may shall be suspended for up to 30 days.
b. Knowingly concealing any flavored tobacco or product that if ingested or inhaled would produce intoxication, including but not limited to cannabis, psilocybin, mushrooms containing psychoactive compounds like psilocybin and psilocin, kratom, nitrous oxide, nitrates including amyl nitrite, aerosols including deodorant, hairspray, or spray paints, or volatile solvents including paint removers and cleaning products with the intent to evade or avoid compliance with this chapter within any five year period, the license shall be suspended for 30 days.
a.c. Any other first violation, the license may be suspended for up to 30 days.

2. Upon a finding by the Chief of Police, or designee, of a second violation for :
a. Selling tobacco products to minors or selling flavored tobacco (unless the licensee is a smoking lounge selling allowed flavored tobacco) within any five year period, the license may shall be suspended for up to 60 days.
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b. Knowingly concealing any flavored tobacco or product that if ingested or inhaled would produce intoxication, including but not limited to cannabis, psilocybin, mushrooms containing psychoactive compounds like psilocybin and psilocin, kratom, nitrous oxide, nitrates including amyl nitrite, aerosols including deodorant, hairspray, or spray paints, or volatile solvents including paint removers and cleaning products with the intent to evade or avoid compliance with this chapter within any five year period, the license shall be suspended for 60 days.
b.c. Any other second violation, the license may be suspended for up to 60 days.

3. Upon a finding by the Chief of Police, or designee, of each additional violation for:
a. Selling tobacco products to minors or selling flavored tobacco (unless the licensee is a smoking lounge selling allowed flavored tobacco) within any five year period, the license may shall be revoked. b. Knowingly concealing any flavored tobacco or product that if ingested or inhaled would produce intoxication, including but not limited to cannabis, psilocybin, mushrooms containing psychoactive compounds like psilocybin and psilocin, kratom, nitrous oxide, nitrates including amyl nitrite, aerosols including deodorant, hairspray, or spray paints, or volatile solvents including paint removers and cleaning products with the intent to evade or avoid compliance with this chapter within any five year period, the license shall be revoked.
c. Any other third violation, the license may be suspended for up to 90 days for each violation, or be revoked.

B. A license may be suspended by the Chief of Police, or designee, if the Chief of Police, or designee, find that, based on ascertainable facts, the operation of the tobacco retailer substantially aggravates the crime problems in the City, makes law enforcement unduly difficult, or is detrimental to the public health, safety, or welfare of the City.

C. A license may be revoked if the Chief of Police, or designee, finds that:

1. A tobacco retailer has failed to pay, when due and payable, any of the fees or taxes required within 10 days after written notice of such failure;

2. A tobacco retailer has made any fraudulent statements as to a material fact on an application form or as to any other information presented as part of the application process; or

3. A tobacco retailer commits any act which that would have constituted grounds for denial of an application for a tobacco retail license, unless the license shall be revoked pursuant to subsection A.
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4. An owner, officer, copartner, employee, or volunteer of the tobacco retailer is engaged in the sale of illegal substances on the premises of the tobacco retailer that would constitute a felony if charged pursuant to the California Health and Safety Code.

3.5. An owner, officer, copartner, stockholder, employee, or volunteer of the tobacco retailer is engaging in gambling, loan sharking, or bookmaking, as defined by the California Penal Code, on the premises of the tobacco retailer.

D. If the Chief of Police, or designee, suspends or revokes a license, written notice of the suspension or revocation shall be served upon the licensee within five days of the suspension or revocation in the manner prescribed in Section 5.104.060(B).

The notice shall contain:

1. A brief statement of the specific grounds for such suspension or revocation;

2. A statement that the licensee may appeal the suspension or revocation by submitting an appeal, in writing, in accordance with the provisions of Section

5.104.110, within 10 days of the date of service of the notice; and

3. A statement that the failure to appeal the notice of suspension or revocation will constitute a waiver of all right to an administrative appeal hearing, and the suspension or revocation will be final.

E. A licensee for whom a license suspension is in effect, or whose license has been revoked, must cease all tobacco retailing and remove all tobacco products and tobacco paraphernalia from public view at the address that appears on the suspended or revoked license.

5.104.130. Tobacco retail sales without a tobacco retail license.

Upon a finding by the Chief of Police, or designee, that a person is currently or has engaged in tobacco retailing without the required tobacco retail license, that person must immediately cease all tobacco retailing and the Chief of Police, or designee, may require removal of all other tobacco products and tobacco paraphernalia from the premises and/or may seize of any tobacco products and tobacco paraphernalia as well as any hemp-derived food, beverages, and dietary supplements intended for human consumption that contain any detectable amount of intoxicating cannabinoids.

5.104.1140. Appeal from suspension or revocation of tobacco retail license.

A. The action of the Chief of Police, or designee, in revoking or suspending a tobacco retail license may be appealed. Notice of such appeal, in writing stating the grounds for such appeal, and admitting or denying those determinations of the Chief of Police, or designee, included in the notice, shall be filed with the Chief of Police, or designee, within 10 days after the revocation or suspension of the license. Upon failure to file the notice within the 10-day period, the action of the City in revoking or suspending such tobacco retail license shall be final and conclusive. If the notice of appeal is filed in timely order, accompanied by payment 445

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of an appeal fee in an amount as may be established from time to time by resolution of the City Council, the Chief of Police, or designee, shall refer the matter to the City Attorney for scheduling of an administrative appeal hearing in accordance with the provisions of Chapter 1.44 of this code.

B. In the event a tobacco retailer files a timely appeal pursuant to this section, the effective date of the decision shall be stayed pending the appeal decision. The determination of the administrative hearing officer shall be final.

5.104.150___. Following revocation.

Within 60 days of a final determination revoking a tobacco retail license, either by the Chief of Police or their designee or the determination of the administrative hearing officer following a timely appeal, the retailer shall contact the Director of Finance of the City, or their designee, to correct the content of the business license to remove tobacco retailing pursuant to the requirements of SMC Chapter 5.04.

5.104.1260. Operating regulations and conditions.

A. The provisions of this section shall constitute terms and conditions applicable to each tobacco retail license issued under this chapter.

B. The provisions of this section shall also constitute operating regulations that are applicable to each holder of a tobacco retail license issued pursuant to this chapter.

C. It shall be unlawful for any tobacco retailer required to be licensed under this chapter, whether or not such tobacco retailer is actually so licensed under this chapter, to violate any of the provisions of this chapter.

D. All tobacco retailers shall remain in compliance with the Stockton Municipal Code and all other local, State, and Federal laws at all times.

E. Tobacco retail licenses are for a specific, fixed location.

F. Tobacco retailing shall only be conducted that shall serve as the within the licensed premises and shall not be conducted deviate from the premises from the parking lot, vehicle, or any storage container or area that is not part of the approved premises.

G. Clerks selling tobacco products must be at least 21 years of age.

H. Any tobacco products or products prohibited by this chapter that are located within the premises or in areas adjacent to the premises that the retailer has reasonable access to, including without limitation the parking lot, vehicles, or any storage containers, shall be considered inventory intended for sale by the retailer.

I. Tobacco products shall only be displayed within the that was contiguous area shown on the site plan submitted with the described in the application or as revised as part of an annual renewal.
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E.J. A tobacco retail license shall maintain legal possession of the premises (e.g., ownership, lease) that was approved by the City with the application for the tobacco retail license.

F.K. No more than 20 percent of windows or clear doors at the premises where tobacco retailing occurs shall bear advertising or other signage of any sort.

G.L.All tobacco retailers shall:

1. Pay all City-imposed fines, penalties, and fees by the deadlines provided for by City officials;

2. Allow for immediate access to a City, Ccounty, or State official that is authorized to regulate tobacco control ordinances under this chapter or any State, Ccounty, or City law or regulation to the premises and on-premises records during regular business hours or hours of apparent operation;

3. Prevent loitering, public drinking, and public use of cannabis or other criminal behavior on and around the premises, including parking areas. "No Loitering" signs shall be prominently posted in a readily visible manner on no less than one exterior wall. The tobacco retailer's operators or employees shall ask persons loitering for longer than 15 minutes to leave the area and contact law enforcement officials for enforcement of applicable trespassing and loitering laws if persons requested to leave fail to do so;

4. Prevent any condition constituting a nuisance on the premises, including parking areas;

5. Remove all graffiti or other signs of vandalism within 48 hours of knowledge of the graffiti or vandalism;

6. Maintain a clean and orderly premises to ensure public health and safety meet the highest standards.

7. Shall operate consistently with the site plan provided with the license application, including ensuring that tobacco retailing is maintained within a contiguous area.

M. Tobacco retailer – Smoke shops:

1. Shall operate pursuant to their Police Department approved security plan for the premises.

2. Shall operate only between 6:00 a.m. and 10:00 p.m.

3. Shall not operate as part of a business or in the same business space as an alcoholic beverage sales establishment.

N. Tobacco retailer- Smoking lounges shall also:

1. Only allow persons 21 years or older on the premises at any time. 447

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2. Shall not operate as part of a business or in the same business space as an alcoholic beverage sales establishment.

H.O.The provisions of this chapter are intended to provide a minimum level of public health, safety, and welfare protection at businesses engaging in tobacco retailing.

Nothing in this chapter is intended nor shall prevent the City from imposing more stringent, site-specific operating requirements and conditions through other applicable permitting and approval processes. In the event of a conflict between an operating regulation set forth in this chapter and a requirement or condition contained in any other applicable permit or approval, the more stringent or restrictive requirement shall apply.

5.104.1370. Lawful business operation.

In the course of tobacco retailing or in the operation of the business or maintenance of the premises for which a tobacco retail license is issued, it shall be a violation of this chapter for any tobacco retailer to violate any Federal, State, or local law applicable to tobacco products, tobacco paraphernalia, or tobacco retailing.

5.104.13580. Prohibition on sale of flavored tobacco products; Exception.

A. It is unlawful, and a violation of this chapter, and a violation of any a tobacco retail license for a licensee or his or her agents or employees to store, display, sell, list or offer for sale, or possess with the intent to sell or list or offer for sale, any flavored tobacco product except as allowed in subsection C. It is unlawful for any person to sell, offer for sale, or possess with the intent to sell or offer for sale, any flavored tobacco product. There is a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or its agents or employees has made a public statement or claim that the tobacco product has or produces a characterizing flavor, including, but not limited to, text, color, or images on the product's labeling or packaging that are used to expressly or impliedly communicate that a tobacco product has a characterizing flavor.

B. It is a violation of this chapter and a violation of any tobacco retail license to knowingly conceal any flavored tobacco product with the intent to evade or avoid compliance with this chapter.

C. Tobacco retailer- Smoking lounges licensed pursuant to this chapter may sell the following flavored tobacco products only for on-site consumption: flavored premium cigars with a wholesale price of $12 each or more, flavored loose-leaf pipe tobacco, flavored shisha/hookah tobacco.

5.104.190. Prohibition on sale of items for the purpose of intoxication.

A. It is violation of this chapter, and a violation of any tobacco retail license for any tobacco retail license to store, display, sell, or list for sale any product that if ingested or inhaled would produce intoxication, including but not limited to cannabis, psilocybin, mushrooms containing psychoactive compounds like psilocybin and psilocin, kratom, nitrous oxide, nitrates including amyl nitrite, 448

ATTACHMENT A
aerosols including deodorant, hairspray, or spray paints, or volatile solvents including paint removers and cleaning products.

B. It is a violation of this chapter, and a violation of any tobacco retail license for any tobacco retail license to store, display, sell, or list for sale hemp-derived food, beverages, and dietary supplements intended for human consumption that contain any detectable amount of intoxicating cannabinoids as follows:

1. To anyone under 21 years of age; or

2. In a package containing more than five servings.

C. It is a violation of this chapter and a violation of any tobacco retail license to knowingly conceal any product that if ingested or inhaled would produce intoxication, including but not limited to cannabis, psilocybin, mushrooms containing psychoactive compounds like psilocybin and psilocin, kratom, nitrous oxide, nitrates including amyl nitrite, aerosols including deodorant, hairspray, or spray paints, or volatile solvents including paint removers and cleaning products with the intent to evade or avoid compliance with this chapter.

D. This prohibition does not apply hemp-derived cannabidiol (“CBD”) products that contain no detectable intoxicating cannabinoid.

5.104.140200. Violations and pPenalties for Violations.

A. It is unlawful for any tobacco retailer, employee, or other person to violate any provision of this chapter.

B.A.A violation of any of the provisions of this chapter shall may be charged as a misdemeanor for each day such violation continues.

C.B. Any violation of this chapter may also be remedied by a civil action brought by the City Attorney. The City may recover for reasonable attorneys' fees and costs of suit in any civil litigation brought by the City Attorney to remedy any violation of this chapter.

D.C.A violation of any of the provisions of this chapter may also result in the issuance of civil penalties pursuant to Chapter 1.40 which allows for civil penalties of up to $1,000.00 per violation per day not to exceeding $100,000.00 per parcel or structure for any related series of violations in a yearfor each day the violation continues.

E.D. A violation of any of the provisions of this chapter may also result in the issuance of administrative citations pursuant to Chapter 1.32. Notwithstanding the penalty amounts found at Section 1.32.050 of this code, administrative penalties for violations of this chapter shall be as follows:

1. $1,000.00 for a first violation within any five year period.

2. $2,000.00 for a second violation within any five year period. 449

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3. $3,000.00 for each additional violation within any five year period.

E. Multiple violations of this chapter discovered during the same inspections may be deemed to collectively constitute a “first violation” for purposes of this section or, alternatively, each violation discovered may be counted separately and, thus, a single inspection may result in the first, second, and additional violations.

1. However, if one of the violations discovered during an inspection is for sales of tobacco products or other products constituting a violation of this chapter to a minor, then that violation shall always be counted as a separate violation for purposes of this section.

F. A violation of any of the provisions of this chapter may also result in the suspension or revocation of the tobacco retail license pursuant to Section

5.104.100 120 of this chapter.

G. A violation of any of the provisions of this chapter may also result in the seizure of all products displayed, sold, listed, or offered for sale, or possessed with the intent to sell or list or offer for sale, pursuant to Section 5.104.210 of this chapter.

G.H.Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter is hereby declared a public nuisance and may be summarily abated by the City.

5.104.210. Seizure of products.

A. Pursuant to this Chapter, the Chief of Police, or designee, may seize any tobacco products or tobacco paraphernalia, flavored tobacco products, or any products that are on display, sold, listed or offered for sale, or possessed with the intent to sell or list or offer for sale that constitute a violation of this Chapter.

B. Within five (5) business days of seizure, the Chief of Police, or designee, will personally serve a property receipt itemizing the items seized to the person present at the time of the seizure or to the owner of the business and/or property where the items were seized.

C. Within ten (10) days from the last date a property receipt was served on any person, any person having any right, title, or ownership interest in the seized items may file a request with the Chief of Police, or designee, for the release or recovery of the seized items on the basis that the items were erroneously or illegally seized. Any such request shall include the following:

1. The requestor’s right, title, or ownership interest in the seized items;

2. The basis upon which the requester asserts that the Police erroneously or illegally seized the items, including any arguments and supporting documentation.
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3. Whether the requestor has a valid California State tobacco retail license pursuant to which they could legally sell some or all of the seized items.

4. Whether the requestor has applied for or taken action to reinstate a suspended Tobacco Retailer License pursuant to this Chapter that would result in their ability to sell some or all of the seized items legally.

D. The Chief of Police will consider timely filed requests to determine whether to grant the request.

1. If the Chief of Police grants the request as to some or all of the items seized, then the Chief of Police will promptly return the identified items to the requestor.

2. If the Chief of Police denies the request as to some or all of the items seized, then the Chief of Police will respond in writing to the requestor explaining the basis for the denial.

E. The Chief of Police’s determination on timely filed requests for the release or recovery of seized times is final.

F. If no request is timely filed or the request is denied by the Chief of Police, or designee, then the property seizure will be final and the seized items deemed forfeited. At that time, the Chief of Police, or designee, may destroy the seized items.

5.104.211. Administrative Guidelines.

The City Manager may establish and amend administrative guidelines as needed to administer this chapter, implement the licensing process, or introduce additional or modified licensing requirements if they are consistent with the purpose, application, and requirements of this chapter. The reasoning of such administrative guidelines shall be documented in writing by the City Manager or their designee. Such administrative guidelines shall have the force of law, and shall be enforceable in the same manner and to the same extent as the provisions of this chapter.

SECTION III. SEVERABILITY.

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this article or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this article or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact 451

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that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid.

SECTION IV. EFFECTIVE DATE.

The City Council finds and declares that the adoption and implementation of this ordinance is necessary to address the danger to public health, safety, and general welfare as articulated above, and to prevent a lapse between the expiration of the current moratorium on the establishment of new, and relocation or physical expansion of existing, tobacco retail businesses and the adoption of this ordinance addressing the issues which precipitated said moratorium. The City Council therefore finds and determines that this ordinance be enacted as an urgency ordinance pursuant to Government Code sections 36934 and 36937 and takes effect immediately upon adoption by four-fifths of the City Council.

ADOPTED: ____________________
EFFECTIVE: ____________________
______________________________

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
______________________________

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
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CITY COUNCIL REPORT ISSUED PURSUANT TO
GOVERNMENT CODE SECTION 65858(d)
DATE: February 17, 2026
SUBJECT: Report on Measures Taken Following Adoption of Urgency Ordinance No. 2025-03-04-1504 Establishing a Temporary 45-Day Moratorium and Ordinance No. 2025-04-15-1601 Extending Urgency Ordinance No. 2025-03-04-1504 For 10 Months and 15 Days.

BACKGROUND: On March 4, 2025, the Stockton City Council adopted Urgency Ordinance No. 2025-03-04-1504, which established a temporary moratorium on the issuance of any license, permit, or other entitlement for use for the establishment, relocation, or physical expansion of a tobacco retailer business. Urgency Ordinance No. 2025-03-04-1504 was set to expire on April 18, 2025. On April 15, 2025, the Stockton City Council adopted Ordinance No. 2025-04-15-1601, extending Urgency Ordinance No. 2025-03-04-1504 for 10 months and 15 days pursuant to Government Code section 65858(a). Ordinance No. 2025-04-15-1601 is set to expire on March 2, 2026.

California Government Code section 65858(d) requires the City Council to issue a written report 10 days prior to the expiration of the interim ordinance or any extension.

The report shall describe the measures the City is taking to alleviate the condition(s) that led to the interim ordinance’s adoption.

Ordinance No. 2025-04-15-1601 extending Urgency Ordinance No. 2025-03-04-1504 will expire on March 2, 2026. City staff will present a request for City Council to consider various amendments to the City’s current Tobacco Retail License Ordinance (Stockton Municipal Code Chapter 5.104) to address the health and safety concerns which led to the adoption of the Urgency Ordinance and the extension of the Urgency Ordinance.

Any such amendments adopted by the City Council shall go into effect prior to the expiration of the moratorium. Therefore, this report satisfies the requirements of California Government Code section 65858(d).

DISCUSSION: The purpose of Chapter 5.104 Tobacco Retailers is to encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, especially those that prohibit or discourage the sale or distribution of tobacco products to minors or prohibit the sale of flavored tobacco products, industrial hemp products containing intoxicating cannabinoids, and illegal cannabis, but not to expand or reduce the degree to which the acts regulated by Federal and State law are criminally proscribed or to alter the penalties provided by such laws.

On March 4, 2025, the City Council adopted a 45-day moratorium on the establishment of new, and relocation or physical expansion of existing, tobacco 453

ATTACHMENT B
retailer businesses. On April 15, 2025, that moratorium was extended for an additional 10 months and 15 days and will expire on March 2, 2026.

That moratorium was based on express findings by the City Council that the recent proliferation of tobacco retailer businesses, specifically smoke shops, and the harmful effects of tobacco and other products sold at these establishments were negatively impacting the health, safety, and welfare of City residents, especially youth. Further, tobacco retailer businesses have also been a source of unlawful activities in the City, targets for theft and vandalism, and affiliated with the sale of illegal cannabis products and drug paraphernalia that encourage illegal activity.

Stockton Police Department has conducted inspections at various tobacco retailers throughout the City and found evidence of and confiscated illegal tobacco products, including flavored tobacco, cannabis-infused items, and illegal gambling.

Since the adoption of the moratorium, City staff have continued to study the issue.

Specifically, the Administrative Services, Community Development, and Stockton Police Departments have led efforts to revise the existing Tobacco Retailer Ordinance to address the public health and safety threats created by smoke shops under the existing ordinance.

The following is a summary of the proposed revisions which are being presented to the City Council for consideration and adoption on February 17, 2026:

1. Added express prohibition on the sale of flavored tobacco products, industrial hemp products containing intoxicating cannabinoids, and illegal cannabis.

2. Added numerous definitions to ensure that compliance and enforcement for Chapter violations are clear.

3. Replaced having one single tobacco retailer license type with 4 separate license types:
a. Tobacco retailer- Exempt,
b. Tobacco retailer- Ancillary,
c. Tobacco retailer- Smoke shop, and
d. Tobacco retailer- Smoking lounge.

The separate license types allow for application requirements, locational criteria, operational mandates, and enforcement efforts to be tailored to the different types of business operations and their unique community impacts.

4. The license type “Tobacco retailer- Exempt” creates an exemption from the license requirement to incentivize fresh and healthy food sales for City residents. 454

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Retail (e.g. grocery) stores have to apply for a license but are exempt from locational and operational requirements if they use less than 5% of their retail sales space for tobacco and more than 10% or more of their retail sales space for the sale and display of fresh food, including agricultural products like fresh fruits and vegetables; nuts; minimally processed prepared foods; fresh meat, fish, or poultry; juice and dairy products; and fresh baked goods, breads, and cereals.

5. New application requirements:
a. In addition to existing Chapter 5.104 requirements, applicants for all four (4) license types must submit a layout of the premises showing where tobacco retailing will take place and areas where tobacco will be stored. b. Smoke shop applicants will additionally have to submit a security plan for review and approval by the Police Department that includes video surveillance, physical security, and a uniformed security personnel deployment plan.
c. Smoke shop applicants will also be subject to background checks. If, in the Chief of Police’s opinion, an applicant’s background renders them unsuitable to operate a smoke shop, then the application will be denied.

6. Requires Tobacco retail licensees to maintain a valid business license that identifies tobacco retail sales on the business license. If a license is revoked, the business license shall be updated promptly.

7. Strengthened locational criteria:
a. New Smoke shops, General tobacco retailers, and Smoking lounges cannot be within 1,000 feet of sensitive receptors or other General tobacco retailers or Smoke shops.
b. Sensitive receptors include residential zones or uses, K-12 schools, childcare facilities, public parks and youth facilities, religious facilities, and drug or alcohol recovery/treatment facilities.

8. Added express ability for law enforcement to conduct scheduled or unannounced inspections of tobacco retail licensees’ premises.
a. Refusal to allow an inspection is a violation of the revised ordinance. b. A fee shall be charged for such inspections to ensure cost recovery of staff time.
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9. Expanded the grounds for suspension and revocation of licenses to include the sale of tobacco to minors or selling flavored tobacco and knowingly concealing any flavored tobacco or intoxicating products with the intent to evade or avoid compliance with the revised ordinance.
a. First violation for such actions shall result in suspension for 30 days; b. Second violation shall result in suspension for 60 days; and c. Third violation shall result in revocation.

10.Added operational requirements for all tobacco retailers:
a. Tobacco retailing can only occur within the approved premises, not in the parking lot, vehicle, or storage container;
b. Clerks selling tobacco products shall be at least 21 years of age; and c. Tobacco products must be displayed in one contiguous area of the store, as shown on the approved site plan, not throughout a retail shop.

11. In addition, smoke shops must also operate:
a. Only pursuant to their Police Department approved security plan; and b. Only between 6:00 a.m. and 10:00 p.m.

12.Added requirement that neither Smoke shops nor Smoking lounges may operate as part of, or in the same business space, where alcoholic beverages are sold.

13.All tobacco retailers are banned from selling flavored tobacco; however, the new ordinance added an exception that allows licensed Smoking lounges to sell flavored premium cigars with a wholesale price of $12 each or more, flavored loose-leaf pipe tobacco, and flavored shisha/hookah tobacco for onsite consumption only.

14.Expressly prohibits tobacco retailers from displaying or selling items for the purpose of intoxication, including cannabis, psilocybin, mushrooms, nitrous, kratom, and aerosols.
a. Revisions prohibit the sale of items for consumption that contain hempderived THC or intoxicating cannabinoids.

15.Penalties for Violations have been revised to clarify allowed penalties for violations and to increase the number of violations that may be charged during an inspection.
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16.The Police Department is now expressly allowed to seize any tobacco product that violates the revised ordinance.

OPPORTUNITY FOR PUBLIC COMMENT: Members of the public will have the opportunity to comment on the proposed amendments to Chapter 5.104 at the City Council meeting on February 17, 2026.
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ORDINANCE NO. ________________
AN URGENCY ORDINANCE AMENDING TITLE 5, CHAPTER 5.104 OF THE

STOCKTON MUNICIPAL CODE UPDATING TOBACCO RETAIL LICENSE REQUIREMENTS AND REGULATIONS.

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

SECTION I. FINDINGS AND INTENT.

The failure of tobacco retailers to comply with all tobacco control laws, particularly the sale of tobacco products to minors, presents a threat to the public health, safety, and welfare. A local licensing program for tobacco retailers is intended to ensure that tobacco retailers comply with tobacco control laws and business standards of the City of Stockton and to protect the health, safety, and welfare of those persons who reside in, work in, and visit the City of Stockton.

State law explicitly authorizes cities to enact local tobacco retail licensing ordinances and allows for the suspension or revocation of a local license for a violation of any state tobacco control law. A requirement for a tobacco retail license will not unduly burden legitimate business activities of retailers who sell or distribute tobacco products to adults but will allow the City of Stockton to regulate the operations of lawful businesses to discourage violations of Federal, State, and local tobacco-related laws. The City of Stockton has a substantial interest in promoting compliance with Federal, State, and local laws intended to regulate tobacco sales and use; discouraging the illegal purchase of tobacco products by minors; promoting compliance with laws prohibiting sales of tobacco products to minors; and protecting children from being lured into illegal activity through the misconduct of adults.

On June 20, 2023, this Chapter was adopted by the City of Stockton, creating a tobacco retail license requirement and regulations. On March 4, 2025, the City of Stockton adopted a 45-day moratorium on the issuance of new tobacco retail licenses pursuant to this Chapter and on April 15, 2025, that moratorium was extended for an additional 10 months and 15 days. The moratorium was based on express findings by the City of Stockton that the recent proliferation of tobacco retailer businesses, specifically smoke shops, and the harmful effects of tobacco and other products sold at these establishments were negatively impacting the health, safety, and welfare of City residents, especially youth. Further, tobacco retailer businesses have also been a source of unlawful activities in the City, targets for theft and vandalism, and affiliated with the sale of illegal cannabis products and drug 458
paraphernalia that encourage illegal activity. Since the adoption of the moratorium, City staff have continued to study the issue and proposed revisions to the existing Tobacco Retailer Ordinance to address the public health and safety threats created by smoke shops under the existing ordinance.

This Chapter is hereby amended to specifically address those findings and to continue to encourage responsible tobacco retailing and to discourage violation of tobaccorelated laws, especially those that prohibit or discourage the sale or distribution of tobacco products to minors or that prohibit the sale of flavored tobacco products, industrial hemp products containing intoxicating cannabinoids, and illegal cannabis. This Chapter does not expand or reduce the degree to which the acts regulated by Federal or State law are criminally proscribed or alter the penalties provided by such laws.

Nothing in this Chapter shall be construed to penalize the purchase, use, or possession of a tobacco product by any person not engaged in tobacco retailing.

The City Council further finds that the immediate adoption of this ordinance pursuant to California Government Code sections 36934 and 36937 is necessary for the immediate preservation of the public health, safety, and welfare based on the City’s determination that the following facts and conditions still exist and constitute a current and immediate threat to the public health, safety, or welfare:

The City has seen a proliferation of tobacco retailer businesses, also known as smoke shops, within the City; and
There are currently 156 approved tobacco retailer businesses, and 19 license applications pending Police Department approval. Staff and the Stockton Police Department do not currently know the number of additional establishments operating without a business license in the City; and
The City is concerned about this recent proliferation of tobacco retailer businesses, locations of tobacco retailer businesses, the harmful effects of tobacco and other products sold at these establishments containing industrial hemp on the health, safety, and welfare of City residents and especially youth; and
Tobacco retailer businesses have also been a source of unlawful activities in the City, which, if not curtailed present an immediate threat to the public health, safety, and welfare; and
Tobacco retailer businesses can be a target for theft and vandalism, as well as may be affiliated with the sale of illegal cannabis products and drug paraphernalia that encourage illegal activity; and
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Within the last year, the Stockton Police Department conducted inspection at various tobacco retailers throughout the City and found evidence of and confiscated illegal tobacco products including flavored tobacco, found evidence of cannabis-infused items, and illegal gambling. During enforcement of the current ordinance, 4 Tobacco Retail Licenses were successfully revoked, 10 Tobacco Retail Licenses were denied and upheld on appeal, and 6 more denials are currently pending appeal. Additionally, the Stockton Police Department has conducted more than 400 inspections of tobacco retailers and issued over 60 citations; and
On November 8, 2022, California voters upheld the state law (“SB 793”) prohibiting a tobacco retailer, or any of the tobacco retailer’s agents or employees, from selling, offering for sale, or processing with the intent to sell or offer for sale, most flavored tobacco products including flavored e-cigarettes and menthol cigarettes, as well as tobacco product flavor enhancers in retail locations; and
On October 7, 2023, Governor Gavin Newsome signed into law AB 935, strengthening the enforcement of the flavored tobacco retail law and broadening the definition of retail locations; and
Cities still retain the authority to draft and enforce local flavored tobacco bans for products; and
On September 23, 2024, the California Department of Public Health (“CDPH”) promulgated emergency regulations related to industrial hemp and the threat to public health, safety, and welfare, particularly to minors; and The CDPH regulations come after California Governor Gavin Newsome directed the CDPH to draft emergency regulations, citing the increasing amounts of safety concerns from the adverse health effects of intoxicating hemp food and beverage products; and
The emergency regulations aim to combat hemp products containing tetrahydrocannabinol (“THC”) that skirt the age and sale restrictions that have been placed on recreational marijuana sold through licensed and regulated dispensaries; and
Hemp products have been found to be sold in tobacco retailer businesses, or smoke shops, with marketing aimed toward children featuring colorful packaging designs and sweet candy flavors; and
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As currently defined under state law, “industrial hemp” is permitted to contain a delta-9 THC concentration of no more than 0.3 percent on a dry weight basis; however, the emergency regulations prohibit industrial hemp final form food and beverage products, specifically, from containing any detectible level of THC; and The emergency regulations expand on the number of psychoactive cannabinoids that will need to be undetectable in industrial hemp final form products, including edibles such as gummies, other candies and drinks as well as restricting serving sizes such products contain to five servings or fewer and limiting sales of the products to consumers who are at least 21 years of age; and Aside from new regulations related to hemp, many state laws have been adopted, which acknowledge the public health impacts of tobacco, especially flavored tobacco products, and specifically its effect on minors. For example, state law prohibits public school students from smoking or using tobacco products while on campus, while attending school-sponsored activities, or while under the supervision or control of school district employees. State law also prohibits smoking in playgrounds. State law also prohibits smoking within twenty (20) feet of the main entrances and exits of public buildings; and Efforts by other jurisdictions to crack down on these businesses with increased enforcement and tough regulations, are indicative of both the need for more stringent regulations and the type of violations and activities the Stockton Police Department is likely to encounter as it increases its own efforts; and On March 4, 2025, the City Council adopted the Urgency Ordinance no. 2025-03-04- 1504, creating a moratorium on the establishment of new, and relocation or physical expansion of existing, tobacco retail businesses in the City. That Ordinance was set to expire on April 18, 2025, 45 days after adoption; and
On April 15, 2025, the City Council adopted Ordinance no. 2025-04-15-1601, which extended Urgency Ordinance no. 2025-03-04-1504 for 10 months and 15 days so that the Ordinance is now set to expire on March 2, 2026; and The City Council finds and declares that the adoption and implementation of this ordinance is necessary to address the danger to public health, safety, and general welfare as articulated above, and to prevent a lapse between the expiration of the current moratorium on the establishment of new, and relocation or physical expansion of existing, tobacco retail businesses and the adoption of this ordinance addressing the issues which precipitated said moratorium.
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SECTION II. AMENDMENT OF CODE.

Title 5, Chapter 5.104 of the Stockton Municipal Code is hereby amended and shall read as follows:

5.104.010. Purpose and application.

The purpose of this chapter is to encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, especially those that prohibit or discourage the sale or distribution of tobacco products to minors or prohibit the sale of flavored tobacco products, industrial hemp products containing intoxicating cannabinoids, and illegal cannabis, but not to expand or reduce the degree to which the acts regulated by Federal and State law are criminally proscribed or to alter the penalties provided by such laws.

5.104.020. Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
“Alcoholic beverage sales establishment” has the same meaning as “Alcoholic Beverage Sales Establishment” in SMC Section 16.80.040, which states “An establishment where alcoholic beverage sales activity occurs, including but not limited to: liquor stores, beer and wine stores, convenience markets, neighborhood specialty food markets, retail sales establishments, wine shops, service stations, taverns, clubs, cocktail lounges, ballrooms, cabarets, dance bars, piano bars, billiard or game parlors, bowling alleys, nightclubs, dance halls, cafes, bars, restaurants with bars, full-service restaurants, and fast food establishments.”
"Applicant" means and includes any person or entity who submits an application for a tobacco retail license.
"Application" means the application submitted under SMC Section 5.104.040 for a tobacco retail license allowing the person or entity to engage in tobacco retailing at the designated premises.
"Arm's length transaction" means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for the primary purpose of avoiding the effect of the violations of this chapter that occurred at the location, is presumed not to be an "arm's length transaction."
"Change of ownership" means a change of 50 percent or more of the ownership of the business within a 12-month period.
"Characterizing flavor" means a taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a tobacco product or any byproduct produced by the tobacco product, including, but not limited to, tastes 462
or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcohol beverage, herb, or spice. “Convenience store” has the same meaning as “convenience stores” in SMC Section

16.240.020, which states, “Easy access retail stores selling a combination of alcohol, gasoline, and a range of merchandise to provide a variety of items primarily for the motoring public. Convenience stores shall comply with the standards for alcoholic beverage sales (off-sale) (Section 16.80.040) and for problem uses (Section

16.80.270).”
"Flavored tobacco product" means any tobacco product that imparts a characterizing flavor or produces a cooling sensation.
“Hookah” means a single or multi-stemmed water pipe that is often shaped like a bottle or small tank that is used for heating or vaporizing and then smoking tobacco, with the smoke drawn through the water before inhalation. It is also known as a shisha. “Intoxicating Cannabinoid” means delta-8 tetrahydrocannabinol (THC), delta-9 tetrahydrocannabinol (THC), delta-10 tetrahydrocannabinol (THC), tetrahydrocannabinolic acid (THCA), and the following THC or comparable cannabinoids, including but not limited to any metabolites, derivatives, salts, isomers, and any salt or acid of an isomer of:
(1) Delta-5 tetrahydrocannabinol (THC);
(2) Delta-6 tetrahydrocannabinol (THC);
(3) Delta-6a tetrahydrocannabinol (THC);
(4) Delta-7 tetrahydrocannabinol (THC);
(5) Delta-10a tetrahydrocannabinol (THC);
(6) Delta-11 tetrahydrocannabinol (THC);
(7) Delta-11-Hydroxy- tetrahydrocannabinol (THC);
(8) Exo-tetrahydrocannabinol;
(9) 1-pentyl-3-(1-naphthoyl)indole (JWH-018);
(10) 1-butyl-3-(1-naphthoyl)indole (JWH-073);
(11) 1-pentyl-3-(4-methoxynaphthoyl)indole (14-JWH-200); (12) 1-pentyl-3-(2-methoxynaphthoyl)indole (JWH-250);
(13) 1-pentyl-3-(4-chloronaphthoyl)indole (JWH-398);
(14) 5-(1,1-Dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497); (15) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2- yl)6a,7,10,10a-tetrahydrobenzo[c] chromen-1-ol (HU-210); 463
(16) (6a,10a)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)- 6a,7,10,10atetrahydro-6H-benzo[c]chromen-1-ol (HU-211); (17) All tetrahydrocannabivarins (THCV), including but not limited to delta-8 tetrahydrocannabivarin and similar;
(18) All metabolites of tetrahydrocannabinol (THC), including but not limited to 11hydroxy-THC, 3-hydroxy-THC, and 7- hydroxy-THC;
(19) Any combination of the compounds, including but not limited to hexahydrocannabiphorol-O-ester and this list;
(20) All hydrogenated forms of tetrahydrocannabinol (THC), including but not limited to hexahydrocannabinol (HHC), hexahydrocannabiphorol (HHCP), and hexahydrocannabihexol (HHCH);
(21) All hydrogenated forms of hexahydrocannabinol (HHC) including but not limited to 8-hydroxyhexahydrocannabinol, 10-hydroxyhexahydrocannabinol; (22) All ester forms of tetrahydrocannabinol (THC), including but not limited to delta8 THC-O-acetate, delta-9 THC-O-acetate, and hexahydrocannabinol-Oacetate; (23) Analogues of tetrahydrocannabinols with alkyl chain of four or more carbon atoms, including but not limited to tetrahydrocannabiphorols (THCP), tetrahydrocannabioctyls, tetrahydrocannabihexols (THCH), tetrahydrocannabidiol (THC-JD), and tetrahydrocannabutols; (24) Tetrahydrocannabinol acetate (THC-O);
(25) N-(1-Amino-1-methyl-ethyl)-5-fluoropentyl-1-naphthalen-2-yl-1H-indole3carboxamide (XRL-11 &15); (26) N-(1-Amino-1-methyl-ethyl)-5-fluoropentyl-1-naphthalen-2-yl-1H-indole3carboxamide (UR-144); (27) N-(1-Amino-1-methyl-ethyl)-5-fluoropentyl-1-naphthalen-2-yl-1H-indole3carboxamide (FUB-144); (28) N-(1-Amino-1-methyl-ethyl)-5-fluoropentyl-1-naphthalen-2-yl-1H-indole3carboxamide (AMB-FUBINACA); (29) (3-[(1R,4R)-Isopropyl-2-methyl-1,3-benzodioxol-5-yl]-N-(2,4-dimethyl3methylbenzoyl)-N-methyl-1,2,3,4-tetrahydroisoquinolin-6-amine) (THJ-220); and
(30) (3-[(1R,4R)-Isopropyl-2-methyl-1,3-benzodioxol-5-yl]-N-(2,4-dimethyl3methylbenzoyl)-N-methyl-1,2,3,4-tetrahydroisoquinolin-6-amine) (RCS-4). "Licensee" means and includes the holder of a tobacco retail license and any person required to have a tobacco retail license under this chapter, whether or not such person is actually so licensed.
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"Loitering" means the act of remaining upon posted property without the permission of the owner or person in lawful possession.
"Person" means and includes any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or other legal entity.
"Playground" means an active recreational area with a variety of facilities, including equipment for younger children, as well as court and field games. Playground does not include play areas located on the site of residential homes or private facilities. "Premises" means any building or portion of any building where the licensed tobacco retailing occurs.
"Proprietor" means a person with an ownership or managerial interest in a business.

An ownership interest shall be deemed to exist when a person has a 10 percent or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person has, or can have, sole or shared control over the day-to-day operations of a business.
“Retail store” has the same meaning as “retail stores” in SMC Section 16.240.020, which states: “Stores and shops selling goods or merchandise, not specifically listed under another land use, to the general public for personal or household consumption and rendering services incidental to the sale of goods.” "School" means any public or private academic school for students in kindergarten through 12th grade, nursery school, preschool, or daycare facility. “Smoke shop” means a tobacco retailer that utilizes 25% or more of its retail sales space for the sale, display, marketing, or exchange of tobacco, tobacco products, or tobacco paraphernalia or holds itself out to the public as a smoke shop, or as determined by the Chief of Police, or designee, based on a totality of the circumstances, including but not limited to the onsite inventory of the business. “Smoking lounge” means a tobacco retailer that is dedicated in whole or in part to the purchase and onsite consumption of tobacco products, including but not limited to establishments known variously as cigar lounges, hookah lounges, tobacco clubs, tobacco bars, etc.
"Tobacco product" means: (1) any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, aerosolized, vaporized, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, bidis, kreteks, snuff, e-liquids, or vape juice; (2) any device or component, part, or accessory that delivers nicotine alone or combined with other substances to the person using the device, including, but not limited, to electronic cigarette (or "e-cigarette"), electronic cigar (or "e-cigar''), electronic pipe (or "e- pipe"), vape pen, electronic hookah (or "e-hookah"), cigars, or pipes, whether or not the device or component is sold separately. "Tobacco product" does not include any 465
product that has been approved by the United States Food and Drug Administration for use as a tobacco cessation product where such product is marketed and sold solely for such an approved purpose.
"Tobacco paraphernalia" means any item designed or marketed for the consumption, use, or preparation of a tobacco product.
"Tobacco retailer" means any person who sells, offers for sale, exchanges, or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia without regard to the quantity sold, offered for sale, exchanged, or offered for exchange.
“Tobacco retailer- Ancillary” means a tobacco retailer that is a retail store as defined by SMC Title 16 that utilizes less than 250 sq. ft. of its total space, or where the total space is 250 sq. ft. or less that utilizes less than 5 sq. ft., for the sale, display, marketing, or exchange of tobacco, tobacco products, or tobacco paraphernalia. “Tobacco retailer- Exempt” means a tobacco retailer that is a retail store as defined in SMC Title 16 at a fixed premises that utilizes less than 5% of the retail sales space for tobacco retailing and utilizes 10% or more of the retail sales space for the sale and display of fresh food, including agricultural products like fresh fruits and vegetables; nuts; minimally processed prepared foods; fresh meat, fish, or poultry; juice and dairy products; and fresh baked goods, breads, and cereals.
“Tobacco retailer- General” means a tobacco retailer that does not meet the definition of Tobacco retailer- Ancillary, Exempt, Smoke shop, or Smoking lounge. "Tobacco retailing" means engaging in any of those activities of a tobacco retailer.

5.104.030. City issued tobacco retail license required.

A. It shall be unlawful for any person to act as a tobacco retailer, engage in tobacco retailing, or allow tobacco retailing in the City without first obtaining and maintaining a valid tobacco retail license pursuant to the provisions of this chapter for each fixed location at which tobacco retailing is to occur.

B. This section applies regardless of whether a person holds a valid cigarette and tobacco retailer's license from the California Department of Tax and Fee Administration (CDTFA).

C. Nothing in this chapter shall be construed to grant any person or entity obtaining a tobacco retail license any status other than the right to act as a tobacco retailer at the location in the City identified on the face of the tobacco retail license, subject to compliance with all other applicable laws, regulations, and ordinances.

Nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of any other provision of applicable law, including, without limitation, any condition of limitation on indoor smoking made applicable to business establishments by Section 6404.5 of the Labor Code.
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5.104.040. License application.

A. Every person who proposes to act as a tobacco retailer, engage in tobacco retailing, or allow tobacco retailing in the City shall submit an application for a license to the City in writing on forms provided by the City.

B. An application shall be for a fixed location. If an applicant is proposing to conduct tobacco retailing at more than one fixed location, then they shall submit a separate application for each location.

C. Each application shall be submitted under oath, in duplicate, and shall contain such information pertinent to the business as the City may require. Such information to be provided shall include, but not be limited to, the following:

1. The true name, address, and telephone number of each proprietor;

2. The business name, address, and telephone number of the fixed location for which a license is sought;

3. The type of tobacco retail license sought: Tobacco retailer- Ancillary, Exempt, General, Smoke shop, or Smoking lounge.

4. Any other type of business operation that the licensee operates on the premises: retail store (the specific type), convenience store, or alcoholic beverage establishment.

5. A site plan showing the layout of the premises, including but not limited to the contiguous area where tobacco retailing will take place and areas where tobacco products will be stored.

6. Whether or not any proprietor has previously been issued a license pursuant to this chapter that is, or was at any time, suspended, revoked, or cited for violation of any part of this chapter, and, if so, the dates of the suspension period, the date of revocation, or date of the violation; and

7. Whether or not any proprietor has been cited by law enforcement for selling tobacco products without a required tobacco retail license.

8. Whether or not any proprietor has been cited by law enforcement for selling, offering for sale, or possessing with the intent to sell flavored tobacco products.

9. Such other information as any department director deems necessary for the administration or enforcement of this chapter.

10. For Tobacco retailer- Smoke shop license applications:
a. The applicant shall also submit a security plan for review and approval by the Police Department that includes video surveillance, physical security, and a uniformed security personnel deployment plan. 467
b. Once City staff receives the application and required security plan, the original shall be transmitted to the Chief of Police who shall initiate an investigation into the applicant's business background and moral character as the Chief deems necessary for the protection of the public welfare. The Chief of Police shall approve the application unless, as the result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, or if the applicant has been convicted of any violation of this title, a felony, a misdemeanor involving moral turpitude, or a violation of any narcotics law. However, if, in the opinion of the Chief of Police, an applicant's prior criminal conviction is such that it would not render the applicant unsuitable to engage in the business of operating a Tobacco retailer- Smoke shop or otherwise endanger the public welfare, the Chief of Police, in their discretion, may approve the application. The Chief of Police shall return the approved application to the Administrative Services Officer, who shall, upon payment of the license fee herein prescribed deliver the license to the applicant. If the Chief of Police disapproves the application, the reasons for such disapproval shall be noted on the application and the application shall be returned to the Administrative Services Officer. The Administrative Services Officer shall notify the applicant of the disapproval and that no license will be issued.

D. The applicant shall pay a nonrefundable application fee in an amount as may be fixed and established from time to time by resolution of the City Council.

Thereafter, if a tobacco retail license is granted, the licensee shall pay an annual fee in an amount as may be fixed and established by City Council resolution.

E. The applicant must provide a statement to the City to the effect that the applicant understands and agrees that any business or activity conducted or operated under any license issued under such application shall be operated in full conformity with all applicable laws of the United States of America, the State of California, the County of San Joaquin, and the laws and regulations of the City applicable thereto, and that any violation of any such laws or regulations in such place of business, or in connection therewith, may render any tobacco retail license therefor subject to immediate suspension or revocation.

F. The applicant must provide a copy of any valid current permit or license from the California Department of Tax and Fee Administration or any other applicable tobacco retail licensing agency, where the applicant is required to obtain any such permit or license in order to lawfully engage in tobacco retailing in the State of California and/or in the County of San Joaquin.

G. The burden of proving qualifications to receive such a license is at all times on the applicant. An applicant must accept all risks of adverse public notice, publicity, embarrassment, criticism, financial loss, or all other actions and consequences which may result from activities with respect to reviewing, processing, and approving or disapproving any application. A waiver of any claims for damages against the City or its agents resulting therefrom shall be presumed upon the filing 468
of an application for a tobacco retail license.

H. Each applicant shall be responsible for providing truthful, complete, and accurate information and for signing the license application.

I. The applicant shall submit written documentation stating that the property owner of the real property upon which the tobacco retailing is to be conducted is fully aware of the property's intended use. Documentation is to include the name, address, and contact telephone number for the property owner.

J. The applicant must provide a statement to the City that the applicant will hold harmless, indemnify, and defend the City against all claims and litigation arising from the issuance of the tobacco retail license, including, without limitation, any claims and litigation arising from the establishment, operation, or ownership of the tobacco retailer.

K. An application shall not be deemed complete until all the information required in subsections A through J have been provided to the City and the required fees and any applicable business tax required by any provision of this code have been paid.

L. The application for a license pursuant to this chapter shall not authorize the maintenance, operation, or conduct of tobacco retailing until such license has been granted. The issuance of a business license pursuant to Title 5 of the Stockton Municipal Code shall not authorize the maintenance, operation, or conduct of a tobacco retailer until the license required by this chapter has been lawfully granted.

5.104.050. Business license.

A. Nothing herein shall constitute a waiver of the requirements of Title 5 of the Stockton Municipal Code requiring issuance and possession of a valid business license.

B. Tobacco retail licensees shall maintain a valid business license that identifies tobacco retail sales on the business license. Failure to do so shall constitute a violation of this Chapter.

5.104.060. Issuance and renewal of license; grounds for denial.

A. Upon the receipt of an application for a license and the applicable fee, the City shall issue a tobacco retail license unless any of the following exist:

1. The application is incomplete or inaccurate.

2. The application seeks authorization for tobacco retailing at an address that appears on a license that is suspended, has been revoked, or is subject to suspension or revocation proceedings for violation of any of the provisions of this chapter; provided, however, this subsection shall not constitute a basis for denial of a license if either or both of the following apply:
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a. The applicant provides the City with documentation demonstrating that the applicant has acquired or is acquiring the premises or business in an arm's length transaction. Any exemption granted to a tobacco retailer pursuant to section 5.104.070 shall cease to apply.
b. It has been more than five years since the most recent license for that location was revoked. Any exemption granted to a tobacco retailer pursuant to section 5.104.070 shall cease to apply

3. The application seeks authorization for tobacco retailing that is unlawful pursuant to this code, or that is unlawful pursuant to any other local, State, or Federal law.

4. Making any false statements in the application or as to any other information presented as part of the application process.

5. Evidence of current or prior unlawful or nuisance-creating operation in this or another jurisdiction.

6. The proposed location does not comply with section 5.104.070.

7. Any exemption granted to a tobacco retailer pursuant to section 5.104.070 shall cease to apply if a tobacco retailer fails to timely renew the tobacco retail license pursuant to this chapter or shall cease to apply if the tobacco retail license is revoked pursuant to this chapter.

8. The City is in possession of information that the applicant or his agents or employees has violated any local, State, or Federal tobacco control law within the preceding 30-day period.

9. The applicant does not have a valid current permit or license from the California Department of Tax and Fee Administration or any other applicable tobacco retail licensing agency, where the applicant is required to obtain any such permit or license in order to lawfully engage in tobacco retailing in the State of California and/or in the County of San Joaquin.

B. If the City does not approve a license or renewal of a license, the City shall notify the applicant of the specific grounds for the denial in writing. The notice shall be served personally, by regular mail, or by certified mail not later than five days after the denial. If notice is delivered by mail, it shall be addressed to the applicant at the address as it appears on the application. The giving of notice shall be deemed complete at the time of deposit of the notice in the United States mail without extension of time for any reason. In lieu of mailing, the notice may be served personally by delivering to the person to be served and service shall be deemed complete at the time of such delivery. Personal service to a corporation may be made by delivery of the notice to any person designated in the California Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.

C. The denial of a tobacco retail license or renewal of a license may be appealed. 470
Notice of such appeal, in writing stating the grounds for such appeal, and admitting or denying those determinations of the City included in the denial notice, shall be filed with the Chief of Police, or designee, within 10 days of the giving of the denial notice as specified in subsection B above. Upon failure to file the notice of appeal within the 10-day period, the action of the City in denying such tobacco retail license or renewal of such license shall be final and conclusive. If the notice of appeal is filed in timely order, accompanied by payment of an appeal fee in an amount as may be established from time to time by resolution of the City Council, the Chief of Police, or designee, shall refer the matter to the City Attorney for scheduling of an administrative appeal hearing in accordance with the provisions of Chapter 1.44 of this code.

D. Notwithstanding Section 5.104.070, in the event a tobacco retailer files a timely appeal from the denial of the renewal of a license pursuant to subsection C above, the tobacco retailer may continue to operate under the existing license pending the appeal decision. The determination of the administrative hearing officer shall be final.

5.104.070. Locational requirements for tobacco retail license locations.

A. The locational criteria identified in subsections B-E below do not apply to the following tobacco retailers:

1. Any business with a City-issued license to operate as a:
a. Tobacco retailer -Exempt; or
b. Tobacco retailer- Ancillary.

2. Any tobacco retailer operating lawfully on the day before the effective date of City of Stockton Ordinance 2023-06-20-1502; or

3. A tobacco retailer was lawfully operating at the location on the day before the effective date of City of Stockton Ordinance 2023-06-20-1502, or a tobacco retailer was lawfully operating at the location pursuant to subsection 4 of this section; and

4. Any location that was a qualified development project, as defined below, before the effective date of City of Stockton Ordinance 2023-06-20-1502. A "qualified development project" for purposes of this section is one where a land use permit or entitlement application has been determined by the Community Development Department to be complete before the effective date of City of Stockton Ordinance 2023-06-20-1502, and said land use permit or entitlement application has not expired pursuant to SMC Section

16.96.020(B).

B. Tobacco retailer- General: Shall not be located within 1,000 feet of any of the following, as measured in a straight line from the parcel boundary of these locations to the boundary lines of the parcel of the tobacco retail license applicant's proposed business location.:
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1. Residential zone or use;

2. A public or private academic school for students in kindergarten through 12th grade, nursery school, preschool, or childcare facility;

3. Public park, playground, recreational area, or youth facility;

4. Religious facilities;

5. Drug abuse, or alcohol recovery/treatment facility; or

6. Any other tobacco retailer-general or tobacco retailer-smoke shop.

C. Tobacco retailer- Smoke shop: Shall not be located within 1,000 feet of any of the following, as measured in a straight line from the parcel boundary of these locations to the boundary lines of the parcel of the tobacco retail license applicant's proposed business location.:

1. Residential zone or use;

2. A public or private academic school for students in kindergarten through 12th grade, nursery school, preschool, or childcare facility;

3. Public park, playground, recreational area, or youth facility;

4. Religious facilities;

5. Drug abuse, or alcohol recovery/treatment facility; or

6. Any other tobacco retailer-general or tobacco retailer-smoke shop.

D. Tobacco retailer- Smoking Lounge: Shall not be located within 1,000 feet of any of the following, as measured in a straight line from the parcel boundary of these locations to the boundary lines of the parcel of the tobacco retail license applicant's proposed business location.:

1. Residential zone or use;

2. A public or private academic school for students in kindergarten through 12th grade, nursery school, preschool, or childcare facility;

3. Public park, playground, recreational area, or youth facility;

4. Religious facilities;

5. Drug abuse, or alcohol recovery/treatment facility; or

6. Any other tobacco retailer-general or tobacco retailer-smoke shop.

5.104.080. Annual renewal of tobacco retail license.

A tobacco retail license shall be valid for one year from the date of issuance, unless earlier suspended or revoked. Any person that holds a tobacco retail license may renew their license for the succeeding year by applying for said new license and 472
paying the required fees, in accordance with this chapter between the first day of the month following the expiration date and the last day of that month. A license for which an application or fee for renewal is received or postmarked after the last day of that month shall not be renewed. A license that has been revoked or is subject to revocation proceedings shall not be renewed.

5.104.090. Inspection of licensed premises.

A. Law enforcement may conduct scheduled or unannounced inspections of tobacco retail licensees’ premises during posted business hours or of any location where there is evidence of tobacco retailing activities or evasion of cigarette or tobacco products tax and violations of Revenue and Taxation Code section 30165.1 may be discovered.

B. If law enforcement finds a violation(s) of this chapter at any time, then law enforcement may require a reinspection to confirm that any violations have been corrected.

C. Any law enforcement inspection of tobacco retail licensees’ premises may include all areas identified in the licensee’s application as well as any area within or around the premises that law enforcement reasonably believes is relevant to determining compliance with this chapter.

D. Refusal to allow an inspection pursuant to this section is in violation of this chapter.

E. A fee shall be charged for all inspections in an amount as may be fixed and established from time to time by resolution of the City Council. That fee shall include the cost for a standard inspection and, additionally, allow for the collection of additional time charged at an identified hourly rate if inspectors seize items pursuant to this chapter.

5.104.100. License nontransferable.

A license is nontransferable.

A. If a licensee changes business location:
a. The licensee must obtain a new license prior to acting as a tobacco retailer at the new location.
b. Any applicable exemptions from locational criteria pursuant to Section 5.104.070(A)(2)-(4) shall not apply to the new license.

B. If a licensee changes ownership:
a. The licensee must obtain a new license reflecting the new owner(s) within 30 days of the ownership change or stop acting as a tobacco retailer.
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b. Any applicable exemptions from locational criteria pursuant to Section 5.104.070(A)(2)-(4) shall not apply to the new license.

5.104.110. Display of license.

Each license shall be prominently displayed in a publicly visible location at the licensed premises.

5.104.120. Grounds for suspension or revocation of a tobacco retail license.

In addition to any other remedy authorized by law, a license shall be suspended or revoked as provided in this section.

A. A license may be suspended or revoked pursuant to this subsection A if the Chief of Police, or designee, finds that the licensee, or his or her agents or employees, has or have violated this chapter, any State or local law relating to the sale of tobacco products to a minor, including without limitation California Penal Code Section 308, or any State or local law relating to the sale of flavored tobacco products, including, without limitation, California Health and Safety Code Section 104559.5 and Business and Professions Code Section 22974.8; provided, however, violations by a licensee at one location may not be accumulated against other locations of that same licensee, nor may violations accumulated against a prior licensee at a licensed location be accumulated against a new licensee at the same licensed location. The Chief of Police, or designee, may concurrently make multiple findings of prior violations within any five year period; in which case, suspensions provided for in this subsection A shall run concurrently.

1. Upon a finding by the Chief of Police, or designee, of a first violation for:
a. Selling tobacco products to minors or selling flavored tobacco (unless the licensee is a smoking lounge selling allowed flavored tobacco) within any five year period, the license shall be suspended for 30 days. b. Knowingly concealing any flavored tobacco or product that if ingested or inhaled would produce intoxication, including but not limited to cannabis, psilocybin, mushrooms containing psychoactive compounds like psilocybin and psilocin, kratom, nitrous oxide, nitrates including amyl nitrite, aerosols including deodorant, hairspray, or spray paints, or volatile solvents including paint removers and cleaning products with the intent to evade or avoid compliance with this chapter within any five year period, the license shall be suspended for 30 days.
c. Any other first violation, the license may be suspended for up to 30 days.

2. Upon a finding by the Chief of Police, or designee, of a second violation for:
a. Selling tobacco products to minors or selling flavored tobacco (unless the licensee is a smoking lounge selling allowed flavored tobacco) within any five year period, the license shall be suspended for 60 days. 474
b. Knowingly concealing any flavored tobacco or product that if ingested or inhaled would produce intoxication, including but not limited to cannabis, psilocybin, mushrooms containing psychoactive compounds like psilocybin and psilocin, kratom, nitrous oxide, nitrates including amyl nitrite, aerosols including deodorant, hairspray, or spray paints, or volatile solvents including paint removers and cleaning products with the intent to evade or avoid compliance with this chapter within any five year period, the license shall be suspended for 60 days.
c. Any other second violation, the license may be suspended for up to 60 days.

3. Upon a finding by the Chief of Police, or designee, of each additional violation for:
a. Selling tobacco products to minors or selling flavored tobacco (unless the licensee is a smoking lounge selling allowed flavored tobacco) within any five year period, the license shall be revoked.
b. Knowingly concealing any flavored tobacco or product that if ingested or inhaled would produce intoxication, including but not limited to cannabis, psilocybin, mushrooms containing psychoactive compounds like psilocybin and psilocin, kratom, nitrous oxide, nitrates including amyl nitrite, aerosols including deodorant, hairspray, or spray paints, or volatile solvents including paint removers and cleaning products with the intent to evade or avoid compliance with this chapter within any five year period, the license shall be revoked.

B. Any other third violation, the license may be suspended for up to 90 days for each violation or be revoked. A license may be suspended by the Chief of Police, or designee, if the Chief of Police, or designee, find that, based on ascertainable facts, the operation of the tobacco retailer substantially aggravates the crime problems in the City, makes law enforcement unduly difficult, or is detrimental to the public health, safety, or welfare of the City.

C. A license may be revoked if the Chief of Police, or designee, finds that:

1. A tobacco retailer has failed to pay, when due and payable, any of the fees or taxes required within 10 days after written notice of such failure;

2. A tobacco retailer has made any fraudulent statements as to a material fact on an application form or as to any other information presented as part of the application process; or

3. A tobacco retailer commits any act that would have constituted grounds for denial of an application for a tobacco retail license, unless the license shall be revoked pursuant to subsection A.

4. An owner, officer, copartner, employee, or volunteer of the tobacco retailer is engaged in the sale of illegal substances on the premises of the tobacco 475
retailer that would constitute a felony if charged pursuant to the California Health and Safety Code.

5. An owner, officer, copartner, stockholder, employee, or volunteer of the tobacco retailer is engaging in gambling, loan sharking, or bookmaking, as defined by the California Penal Code, on the premises of the tobacco retailer.

D. If the Chief of Police, or designee, suspends or revokes a license, written notice of the suspension or revocation shall be served upon the licensee within five days of the suspension or revocation in the manner prescribed in Section 5.104.060(B).

The notice shall contain:

1. A brief statement of the specific grounds for such suspension or revocation;

2. A statement that the licensee may appeal the suspension or revocation by submitting an appeal, in writing, in accordance with the provisions of Section

5.104.110, within 10 days of the date of service of the notice; and

3. A statement that the failure to appeal the notice of suspension or revocation will constitute a waiver of all right to an administrative appeal hearing, and the suspension or revocation will be final.

E. A licensee for whom a license suspension is in effect, or whose license has been revoked, must cease all tobacco retailing and remove all tobacco products and tobacco paraphernalia from public view at the address that appears on the suspended or revoked license.

5.104.130. Tobacco retail sales without a tobacco retail license.

Upon a finding by the Chief of Police, or designee, that a person is currently or has engaged in tobacco retailing without the required tobacco retail license, that person must immediately cease all tobacco retailing and the Chief of Police, or designee, may require removal of all other tobacco products and tobacco paraphernalia from the premises and/or may seize of any tobacco products and tobacco paraphernalia as well as any hemp-derived food, beverages, and dietary supplements intended for human consumption that contain any detectable amount of intoxicating cannabinoids.

5.104.140. Appeal from suspension or revocation of tobacco retail license.

A. The action of the Chief of Police, or designee, in revoking or suspending a tobacco retail license may be appealed. Notice of such appeal, in writing stating the grounds for such appeal, and admitting or denying those determinations of the Chief of Police, or designee, included in the notice, shall be filed with the Chief of Police, or designee, within 10 days after the revocation or suspension of the license. Upon failure to file the notice within the 10-day period, the action of the City in revoking or suspending such tobacco retail license shall be final and conclusive. If the notice of appeal is filed in timely order, accompanied by payment of an appeal fee in an amount as may be established from time to time by resolution of the City Council, the Chief of Police, or designee, shall refer the 476
matter to the City Attorney for scheduling of an administrative appeal hearing in accordance with the provisions of Chapter 1.44 of this code.

B. In the event a tobacco retailer files a timely appeal pursuant to this section, the effective date of the decision shall be stayed pending the appeal decision. The determination of the administrative hearing officer shall be final.

5.104.150. Following revocation.

Within 60 days of a final determination revoking a tobacco retail license, either by the Chief of Police or their designee or the determination of the administrative hearing officer following a timely appeal, the retailer shall contact the Director of Finance of the City, or their designee, to correct the content of the business license to remove tobacco retailing pursuant to the requirements of SMC Chapter 5.04.

5.104.160. Operating regulations and conditions.

A. The provisions of this section shall constitute terms and conditions applicable to each tobacco retail license issued under this chapter.

B. The provisions of this section shall also constitute operating regulations that are applicable to each holder of a tobacco retail license issued pursuant to this chapter.

C. It shall be unlawful for any tobacco retailer required to be licensed under this chapter, whether or not such tobacco retailer is actually so licensed under this chapter, to violate any of the provisions of this chapter.

D. All tobacco retailers shall remain in compliance with the Stockton Municipal Code and all other local, State, and Federal laws at all times.

E. Tobacco retail licenses are for a specific, fixed location.

F. Tobacco retailing shall only be conducted within the licensed premises and shall not be conducted from the parking lot, vehicle, or any storage container or area that is not part of the approved premises.

G. Clerks selling tobacco products must be at least 21 years of age.

H. Any tobacco products or products prohibited by this chapter that are located within the premises or in areas adjacent to the premises that the retailer has reasonable access to, including without limitation the parking lot, vehicles, or any storage containers, shall be considered inventory intended for sale by the retailer.

I. Tobacco products shall only be displayed within the contiguous area shown on the site plan submitted with the application or as revised as part of an annual renewal.

J. A tobacco retail license shall maintain legal possession of the premises (e.g., ownership, lease) that was approved by the City with the application for the tobacco retail license.
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K. No more than 20 percent of windows or clear doors at the premises where tobacco retailing occurs shall bear advertising or other signage of any sort.

L. All tobacco retailers shall:

1. Pay all City-imposed fines, penalties, and fees by the deadlines provided for by City officials;

2. Allow for immediate access to a City, County, or State official that is authorized to regulate tobacco control ordinances under this chapter or any State, County, or City law or regulation to the premises and on-premises records during regular business hours or hours of apparent operation;

3. Prevent loitering, public drinking, and public use of cannabis or other criminal behavior on and around the premises, including parking areas. "No Loitering" signs shall be prominently posted in a readily visible manner on no less than one exterior wall. The tobacco retailer's operators or employees shall ask persons loitering for longer than 15 minutes to leave the area and contact law enforcement officials for enforcement of applicable trespassing and loitering laws if persons requested to leave fail to do so;

4. Prevent any condition constituting a nuisance on the premises, including parking areas;

5. Remove all graffiti or other signs of vandalism within 48 hours of knowledge of the graffiti or vandalism;

6. Maintain a clean and orderly premises to ensure public health and safety meet the highest standards.

7. Shall operate consistently with the site plan provided with the license application, including ensuring that tobacco retailing is maintained within a contiguous area.

M. Tobacco retailer – Smoke shops:

1. Shall operate pursuant to their Police Department approved security plan for the premises.

2. Shall operate only between 6:00 a.m. and 10:00 p.m.

3. Shall not operate as part of a business or in the same business space as an alcoholic beverage sales establishment.

N. Tobacco retailer- Smoking lounges shall also:

1. Only allow persons 21 years or older on the premises at any time.

2. Shall not operate as part of a business or in the same business space as an alcoholic beverage sales establishment.
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O. The provisions of this chapter are intended to provide a minimum level of public health, safety, and welfare protection at businesses engaging in tobacco retailing.

Nothing in this chapter is intended nor shall prevent the City from imposing more stringent, site-specific operating requirements and conditions through other applicable permitting and approval processes. In the event of a conflict between an operating regulation set forth in this chapter and a requirement or condition contained in any other applicable permit or approval, the more stringent or restrictive requirement shall apply.

5.104.170. Lawful business operation.

In the course of tobacco retailing or in the operation of the business or maintenance of the premises for which a tobacco retail license is issued, it shall be a violation of this chapter for any tobacco retailer to violate any Federal, State, or local law applicable to tobacco products, tobacco paraphernalia, or tobacco retailing.

5.104.180. Prohibition on sale of flavored tobacco products; Exception.

A. It is unlawful, a violation of this chapter, and a violation of any tobacco retail license to store, display, sell, list or offer for sale, or possess with the intent to sell or list or offer for sale, any flavored tobacco product except as allowed in subsection C. There is a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or its agents or employees has made a public statement or claim that the tobacco product has or produces a characterizing flavor, including, but not limited to, text, color, or images on the product's labeling or packaging that are used to expressly or impliedly communicate that a tobacco product has a characterizing flavor.

B. It is a violation of this chapter and a violation of any tobacco retail license to knowingly conceal any flavored tobacco product with the intent to evade or avoid compliance with this chapter.

C. Tobacco retailer- Smoking lounges licensed pursuant to this chapter may sell the following flavored tobacco products only for on-site consumption: flavored premium cigars with a wholesale price of $12 each or more, flavored loose-leaf pipe tobacco, flavored shisha/hookah tobacco.

5.104.190. Prohibition on sale of items for the purpose of intoxication.

A. It is violation of this chapter, and a violation of any tobacco retail license for any tobacco retail license to store, display, sell, or list for sale any product that if ingested or inhaled would produce intoxication, including but not limited to cannabis, psilocybin, mushrooms containing psychoactive compounds like psilocybin and psilocin, kratom, nitrous oxide, nitrates including amyl nitrite, aerosols including deodorant, hairspray, or spray paints, or volatile solvents including paint removers and cleaning products.

B. It is a violation of this chapter, and a violation of any tobacco retail license for any tobacco retail license to store, display, sell, or list for sale hemp-derived food, 479
beverages, and dietary supplements intended for human consumption that contain any detectable amount of intoxicating cannabinoids as follows:

1. To anyone under 21 years of age; or

2. In a package containing more than five servings.

C. It is a violation of this chapter and a violation of any tobacco retail license to knowingly conceal any product that if ingested or inhaled would produce intoxication, including but not limited to cannabis, psilocybin, mushrooms containing psychoactive compounds like psilocybin and psilocin, kratom, nitrous oxide, nitrates including amyl nitrite, aerosols including deodorant, hairspray, or spray paints, or volatile solvents including paint removers and cleaning products with the intent to evade or avoid compliance with this chapter.

D. This prohibition does not apply hemp-derived cannabidiol (“CBD”) products that contain no detectable intoxicating cannabinoid.

5.104.200. Penalties for Violations.

A. A violation of any of the provisions of this chapter may be charged as a misdemeanor for each day such violation continues.

B. Any violation of this chapter may also be remedied by a civil action brought by the City Attorney. The City may recover for reasonable attorneys' fees and costs of suit in any civil litigation brought by the City Attorney to remedy any violation of this chapter.

C. A violation of any of the provisions of this chapter may also result in the issuance of civil penalties pursuant to Chapter 1.40 which allows for civil penalties of up to $1,000.00 per violation per day not to exceeding $100,000.00 per parcel or structure for any related series of violations in a year.

D. A violation of any of the provisions of this chapter may also result in the issuance of administrative citations pursuant to Chapter 1.32. Notwithstanding the penalty amounts found at Section 1.32.050 of this code, administrative penalties for violations of this chapter shall be as follows:

1. $1,000.00 for a first violation within any five year period.

2. $2,000.00 for a second violation within any five year period.

3. $3,000.00 for each additional violation within any five year period.

E. Multiple violations of this chapter discovered during the same inspections may be deemed to collectively constitute a “first violation” for purposes of this section or, alternatively, each violation discovered may be counted separately and, thus, a single inspection may result in the first, second, and additional violations.

1. However, if one of the violations discovered during an inspection is for sales of tobacco products or other products constituting a violation of this chapter 480
to a minor, then that violation shall always be counted as a separate violation for purposes of this section.

F. A violation of any of the provisions of this chapter may also result in the suspension or revocation of the tobacco retail license pursuant to Section

5.104.120 of this chapter.

G. A violation of any of the provisions of this chapter may also result in the seizure of all products displayed, sold, listed, or offered for sale, or possessed with the intent to sell or list or offer for sale, pursuant to Section 5.104.210 of this chapter.

H. Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter is hereby declared a public nuisance and may be summarily abated by the City.

5.104.210. Seizure of products.

A. Pursuant to this Chapter, the Chief of Police, or designee, may seize any tobacco products or tobacco paraphernalia, flavored tobacco products, or any products that are on display, sold, listed or offered for sale, or possessed with the intent to sell or list or offer for sale that constitute a violation of this Chapter.

B. Within five (5) business days of seizure, the Chief of Police, or designee, will personally serve a property receipt itemizing the items seized to the person present at the time of the seizure or to the owner of the business and/or property where the items were seized.

C. Within ten (10) days from the last date a property receipt was served on any person, any person having any right, title, or ownership interest in the seized items may file a request with the Chief of Police, or designee, for the release or recovery of the seized items on the basis that the items were erroneously or illegally seized. Any such request shall include the following:

1. The requestor’s right, title, or ownership interest in the seized items;

2. The basis upon which the requester asserts that the Police erroneously or illegally seized the items, including any arguments and supporting documentation.

3. Whether the requestor has a valid California State tobacco retail license pursuant to which they could legally sell some or all of the seized items.

4. Whether the requestor has applied for or taken action to reinstate a suspended Tobacco Retailer License pursuant to this Chapter that would result in their ability to sell some or all of the seized items legally.

D. The Chief of Police will consider timely filed requests to determine whether to grant the request.
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1. If the Chief of Police grants the request as to some or all of the items seized, then the Chief of Police will promptly return the identified items to the requestor.

2. If the Chief of Police denies the request as to some or all of the items seized, then the Chief of Police will respond in writing to the requestor explaining the basis for the denial.

E. The Chief of Police’s determination on timely filed requests for the release or recovery of seized times is final.

F. If no request is timely filed or the request is denied by the Chief of Police, or designee, then the property seizure will be final and the seized items deemed forfeited. At that time, the Chief of Police, or designee, may destroy the seized items.

5.104.211. Administrative Guidelines.

The City Manager may establish and amend administrative guidelines as needed to administer this chapter, implement the licensing process, or introduce additional or modified licensing requirements if they are consistent with the purpose, application, and requirements of this chapter. The reasoning of such administrative guidelines shall be documented in writing by the City Manager or their designee. Such administrative guidelines shall have the force of law, and shall be enforceable in the same manner and to the same extent as the provisions of this chapter.

SECTION III. SEVERABILITY.

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this article or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this article or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid.

SECTION IV. EFFECTIVE DATE.

The City Council finds and declares that the adoption and implementation of this ordinance is necessary to address the danger to public health, safety, and general welfare as articulated above, and to prevent a lapse between the expiration of the current moratorium on the establishment of new, and relocation or physical expansion of existing, tobacco retail businesses and the adoption of this ordinance addressing the issues which precipitated said moratorium. The City Council therefore finds and 482
determines that this ordinance be enacted as an urgency ordinance pursuant to Government Code sections 36934 and 36937 and takes effect immediately upon adoption by four-fifths of the City Council.

ADOPTED: ____________________
EFFECTIVE: ____________________
______________________________

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
______________________________

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
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Proposed Ordinance Amending
Title 5, Chapter 5.104
of the Stockton Municipal Code
Updating Tobacco Retail License
Requirements & Regulations
City Council Meeting
February 17, 2026
Agenda Item 16.1
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Presentation Overview
• Background
• Administrative Changes
– Licensing
– Additional Application
Requirements
• Ordinance Amendment Overview
– Definitions
– Location Requirements
• Enforcement
– Inspections & Restrictions
– Penalties
– Suspension & Revocation
• Recommendation
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Background
• SMC Chapter 5.104 [Tobacco Retailers] regulates tobacco retailers to promote responsible sales and prevent illegal products, including sales to minors. • In response to a rapid increase in smoke shops and related public health and safety concerns, City Council adopted a moratorium on new tobacco retail licenses in March 2025. • The City Attorney’s Office and Revenue, Police, and Community Development Departments collaborated to assess public health, safety, zoning, and enforcement concerns. – Staff evaluated licensing processes, compliance history, inspection findings, and community impacts related to tobacco retailers
• Revisions were developed to improve oversight, clarify license requirements, strengthen enforcement tools, and establish a clearer framework for managing Tobacco Retail Licenses across departments.
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Administrative Changes - Licensing
Replace a Single Tobacco Retail License with Four License Types Implemented four distinct Tobacco Retailer License (TRL) types TRL type will be assigned by the Police Department during the application review process _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ EXEMPT
• Must apply for license
• Exempt from location & operational rules
• < 5% space for tobacco
• > 10% space for fresh food

SMOKE SHOPS
• ≥ 25% of space for tobacco sales/display
• Or presents itself as a smoke shop
• Classification by Chief of Police/designee

ANCILLARY SALES
• Tobacco is minor part of business
• < 250 sq. ft. for tobacco
• >10% space for fresh food

SMOKING LOUNGES
• Onsite tobacco consumption permitted
• Includes cigar lounges, hookah lounges,
tobacco bars
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Administrative Changes – Additional Application Requirements • New Application Requirements
– In addition to existing Chapter 5.104 requirements, applicants for all 4 license types must submit a layout of the premise showing where tobacco retailing will be taking place and areas where tobacco will be stored.
– Smoke Shop applicants will additionally have to submit a security plan for review and approval by the Police Department that includes video surveillance, physical security, and an uniformed security personnel deployment plan.
– All tobacco retail licensees will be required to maintain a valid business license that identifies tobacco retail sales on the business license. If the tobacco license has been revoked, the business license shall be updated immediately. 488
Ordinance Amendment Overview - Definitions
The proposed ordinance includes:

Ten (10) New Definitions:

And Two (2) Amended Definitions
Alcoholic beverage sales
establishment
Convenience store Hookah
Intoxicating Cannabinoid Retail store Smoke shop
Smoking lounge Tobacco retailer- Ancillary Tobacco retailer- Exempt Tobacco retailer - General
Flavored tobacco product Premises
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Ordinance Amendment Overview – Location Requirements
Addition of new Section, 5.104.070 - Locational requirements for tobacco retail license locations

MINIMUM SEPARATION FROM

SENSITIVE USES
Tobacco Retailer –
General
Tobacco Retailer –
Smoke Shop
Tobacco Retailer –
Smoking Lounge
Residential zone or use 1,000 feet 1,000 feet 1,000 feet A public or private K-12
academic school, nursery /
preschool, or childcare facility
1,000 feet 1,000 feet 1,000 feet
Public park, playground,
recreational area, or youth facility 1,000 feet 1,000 feet 1,000 feet Religious facilities 1,000 feet 1,000 feet 1,000 feet
Drug abuse, or alcohol recovery /
treatment facility 1,000 feet 1,000 feet 1,000 feet
Any other tobacco retailer –
general, OR tobacco retailer –
smoke shop
1,000 feet 1,000 feet 1,000 feet
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Enforcement – Inspections & Restrictions
• Added express ability for law enforcement to conduct scheduled or unannounced inspections.
– Refusal to allow an inspection is a violation
– Fee charged for re-inspections to ensure cost recovery of staff time • Sales cannot occur in parking lots, out of vehicles, or in other non-approved locations
• Clerks selling tobacco must be 21.
• Smoke Shops must operate in accordance with the security plan, and only between 6:00 AM and 10:00 PM.
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Enforcement - Penalties
• Penalties updated and clarified
– Penalties for violations not causing automatic suspension/revocation are clarified to allow penalties for individual violations and to increase the number of violations that may be charged during a single inspection.
• The Police Department is expressly allowed to seize any tobacco product that violates the revised ordinance, including tobacco displayed for sale without a valid TRL.
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Enforcement - Suspension and Revocation
• Expanded grounds for suspension and revocation of TRL:
– Sales to minors, selling flavored tobacco, and knowingly concealing an illegal product with the intent to evade compliance
• The first violation of above actions shall result in 30-day suspension of TRL
• The second violation shall result in suspension for 60-days • The third violation shall result in revocation of the TRL – Two violations added that will automatically result in revocation of the TRL
• Illegal sales of substances that would constitute a felony if charged pursuant to the California Health and Safety Code.
• Engaging in gambling, loan sharking, or bookmaking.
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Recommendation
It is recommended that the City Council:
• Adopt an urgency ordinance amending Title 5, Chapter 5.104 of the Stockton Municipal Code relating to tobacco retailers; • Approve and issue the City Council Report pursuant to Government Code Section 65858(d); and
• Authorize the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance.
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City of Stockton
Legislation Text
File #: 26-0171, Version: 1

PRESENTATION ON PHOENIX HOUSING PROJECT FOR THE UNSHELTERED

RECOMMENDATION
Discussion led by Councilwoman Padilla for possible council direction.

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City of Stockton
Legislation Text
File #: 26-0186, Version: 1

DISCUSSION REGARDING POTENTIAL EMPLOYMENT AGREEMENT WITH THE CHIEF OF POLICE

RECOMMENDATION
It is recommended that the City Council discuss and, if appropriate, provide feedback to the City Manager regarding the negotiation of a potential employment agreement with the Chief of Police.

Summary
This item is brought forward to allow the City Council to discuss the importance of leadership continuity within the Stockton Police Department and to consider providing feedback to the City Manager regarding their views on a potential employment agreement with the Chief of Police. The intent is to promote stability within the department, support continued organizational progress, and ensure consistent leadership amid evolving public safety demands.

DISCUSSION
Background
Since the beginning of Chief Stanley McFadden’s tenure, the Stockton Police Department has experienced increased community engagement, organizational stability, and operational effectiveness. During this period, crime trends have shown promising movement in a positive direction, contributing to improved public safety outcomes across the city.

At a time when law enforcement agencies across California and the nation continue to face recruitment challenges, staffing pressures, and complex public safety demands, continuity of leadership remains critically important. Stability at the executive level supports long-term planning, consistent policy implementation, and sustained community trust.

The men and women of the Stockton Police Department, including sworn officers and civilian staff, benefit from clear leadership direction and organizational certainty. Providing continuity in leadership helps maintain morale, operational consistency, and the successful implementation of departmental initiatives.

In addition to public safety outcomes and internal stability, Chief McFadden has demonstrated a commitment to investing in Stockton’s youth and strengthening relationships between the Police Department and the community. Under his leadership, the department has expanded youth engagement and mentorship initiatives that connect officers and executive leadership with young residents in positive, non-enforcement settings. These efforts support long-term public safety by building trust, creating mentorship opportunities, and increasing transparency around law City of Stockton Page 1 of 2 Printed on 2/12/2026
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File #: 26-0186, Version: 1
enforcement leadership and operations.

Policy Implications
It aligns with the City’s interest in maintaining stable and effective leadership in critical public safety roles.

FINANCIAL SUMMARY
Any fiscal impacts associated with an employment agreement for the Chief of Police would be evaluated during the negotiation process and presented to the City Council for consideration and approval prior to execution. No fiscal impact is associated with this discussion item at this time.

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City of Stockton
Legislation Text
File #: 26-0193, Version: 1

SAN JOAQUIN REGIONAL TRANSIT DISTRICT UPDATE

RECOMMENDATION
Informational Item Only. No action to be taken.

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