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COMMISSION USE PERMIT TO ESTABLISH A CANNABIS RETAIL STOREFRONT BUSINESS AT 5066 WEST LANE, (APN 096-140-27) (APPLICATION NO. P25-0022)
recommended action
RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution:
1. Finding that the project is categorically exempt from the CEQA, pursuant to CEQA Guidelines Section 15301(a) (Existing Facilites), as the project will occupy an existing building and no expansion is proposed.
2. Approving a Commission Use Permit to allow a proposed cannabis retail storefront business within an existing building, in accordance with the findings and subject to the conditions found in the Proposed Resolution.
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Summary
The applicant, Caroline Johnson/Twinflame Ascension, LLC, submitted an application to establish a cannabis retail storefront at 5066 West Lane, within “The Village at Weber Ranch” Shopping Center. The proposed cannabis retail storefront will occupy ±6,000 square feet of vacant commercial space in a 10,578 square foot building.
The applicant is a winner of the 2021 Commercial Cannabis Lottery program and successfully obtained a Commission Use Permit for a Cannabis retail storefront use and an Administrative Use Permit for a non-storefront delivery only use at 2521 West Lane (P21-0602). However, the applicant has not initiated the use at the approved location.
The applicant is now requesting a new Commission Use Permit to relocate the Cannabis retail storefront use from 2521 West Lane to 5066 West Lane, pursuant to SMC 16.80.195(A)(14)(Transferabiliy of Land Use). If approved, the applicant will be required to relinquish the approved Commission Use Permit and will also voluntarily surrender the Administrative Use Permit (P21-0602). Participation in the lottery is not required as the applicant holds a valid Use Permit.
Staff thoroughly evaluated this application against the City’s Cannabis Ordinance, Stockton Municipal Code (SMC) Section 16.80.195, and with all applicable provisions of the Municipal Code. The Ordinance includes location restrictions to ensure separation from residential zones or uses, public parks, schools, and other sensitive uses identified in subsection SMC 16.80.195(A)(6). Staff concluded that, as conditioned in the accompanying Resolution, the project complies with all applicable provisions of the Municipal Code.
Further, the project aligns with the following General Plan 2040 goals and policies:
• Goal LU-6: To provide for orderly, well-planned, and balanced development.
• Goal CH-3: Expand opportunities for local enterprise, entrepreneurship, and gainful employment.
• Policy LU-4.2: Attract employment and tax-generating businesses that support the economic diversity of the city.
As mentioned above, the Project is consistent with the City’s development standards for Cannabis business types (SMC 16.80.195), meets General Plan policies, and all required findings for a Use Permit can be made in the affirmative. Therefore, staff recommends the Planning Commission approve the requested Commission Use Permit, subject to conditions.
DISCUSSION
Background
The applicant, is the 2021 Retail Storefront General Pool Commercial Cannabis lottery winner, pursuant to SMC Section 16.80.195(K) (Attachment A). On October 18, 2022, the City Council approved the applicant’s Commission Use Permit for a Cannabis retail storefront use and Administrative Use Permit for a non-storefront delivery only use at 2521 West Lane (P21-0602), pursuant to SMC Section 16.80.195.(K)(A) and (B). As of the writing of this report, the retail storefront or non-storefront delivery business is not operating. Building permits have been applied for but have not been issued.
On October 26, 2023, Staff approved a Minor Use Permit amendment to the approved Use Permits clarifying the facility’s floor plan and completing a minor design review for exterior façade and site improvements (P23-0228). On October 24, 2024, a use permit time extension request was submitted to the Planning Department in order to allow additional time for the applicant to secure new investment partners as the prior partnership did not materialize (P24-0210). The time extension was approved on November 13, 2024, and established the current expiration date of October 24, 2025.
By applying for this Commission Use Permit, the applicant is requesting to transfer their approved Cannabis retail storefront operation to a new location pursuant to SMC Section 16.80.195(A)(14), further discussed in this report.
Pursuant to SMC Section 16.80.195(A)(3), and in accordance with SMC Section 5.100.080, the City of Stockton shall not allow the operation of more than 14 storefront retailer cannabis businesses. At the time of writing this report, there are eight (8) approved storefront retail locations and only six (6) are operating. If approved, this use permit for a cannabis retailer storefront, will not result in an increase of approved locations as the approval will be conditioned to surrender Use Permit P21-0602, which includes both storefront retail and non-storefront delivery, at their current site location, 2521 West Lane.
Present Situation
On March 4, 2025, the applicant, pursuant to SMC Section 16.80.195(A)(14), submitted an application for a Commission Use Permit to relocate their approved cannabis retailer storefront Use Permit (P21-0602) from 2521 West Lane to 5066 West Lane (Attachment B - Location Map) in order to occupy a larger facility to accommodate a greater volume of customers and sales. The applicant is also voluntarily surrendering the approved non-storefront delivery-only Administrative Use Permit and is not pursuing it as part of this project. As a lottery winner, and holder of an active cannabis retailer storefront Commission Use Permit, the applicant is not required to participate in a new round of the City’s Commercial Cannabis Lottery in order to apply for a new Commission Use Permit, pursuant to SMC Section 16.80.195(A)(14).
The proposed location has a General Plan designation of Commercial (Attachment C - General Plan Land Use Map) and a zoning designation of Commercial, General (CG) (Attachment D - Zoning Map).
The project proposes to relocate the approved retail storefront to the Village at Weber Ranch shopping center and occupy a vacant ±6,000 square-foot commercial suite within a ±10,578 square-foot commercial building, as shown in Exhibit 1 of the proposed Resolution. The applicant is not proposing non-storefront retail (i.e. delivery) as part of this project. The building currently has two other tenants: an urgent care clinic and a Mexican food restaurant. The project is located adjacent to West Lane. Additional uses in the shopping center include restaurants, retail stores, and an auto parts store.
The retail storefront will operate between 7:00 a.m. to 8:00 p.m. Monday through Sunday, pursuant to SMC Section 5.100.280, and limited holiday hours between 8:00 a.m. and 6:00 p.m. The applicant will employ up to 20 employees at full capacity. A security manager plus one security guard will monitor the facility, adding additional guards as needed. On-site 24-hour security/surveillance will be implemented.
If the Project is approved, a formal security plan and lighting plan will be submitted and reviewed by the Police Department as part of the required Operators Permit application process to ensure safe operations.
Cannabis retail storefront uses are required to provide 1 parking space per 250 square feet (sf) of gross floor area and 1 additional space for every 2,000 sf of ancillary spaces, per Table 3-9 (Parking Requirements by Land Use) in SMC Section 16.64.040. Ancillary spaces include storage rooms, break rooms, equipment rooms, offices, and circulation corridors. No designated staff parking is required to be provided. The proposed project would be responsible for providing 12 parking spaces (9.6 spaces for gross retail area (± 2,400 SF) plus 2 (ancillary areas). However, the project is located in a commercial development that can accommodate the proposed and existing businesses.
The proposed Project is consistent with cannabis retail storefront requirements in accordance with SMC Section 16.80.195(A) and all applicable Development Code Standards.
Staff Analysis
To approve the proposed Cannabis retail storefront, the Planning Commission is asked to consider a Commission Use Permit. The request and staff analysis are provided below.
Location Requirements (SMC Section 16.80.195(A)(6))
The following location requirements apply to all cannabis retail storefront operations:
a. No retailer operator shall be established or located within 300 feet, measured from the nearest property lines of each of the affected parcels, of any existing residential zone or use.
Staff has confirmed, to the best of their knowledge, that there are no existing residential zones or uses within 300 feet of the Project property lines, as shown in Attachment E - Sensitive Uses Proximity Map. In preparation for this application submittal, the property owner(s) applied for and received approval of a lot line adjustment to increase the separation from the project parcel to the closest residential site (LLA 24-02). The adjustment consisted of reducing the project parcel width by 57.50 feet, as shown in Attachment F - Certificate of Lot Line Adjustment (LLA 24-02), so that the project could be 300 feet from the residential parcel to the east.
b. No retailer operator shall be established or located within 600 feet of any of the following: A public or private academic school for students in kindergarten through 12th grade, nursery school, preschool, or childcare facility; A public park, playground, recreational area, or youth facility; Religious facilities; or Drug abuse, or alcohol recovery/treatment facility.
Staff has confirmed that, to the best of their knowledge, none of the uses listed above are within 600 feet of the Project property lines, as shown in Attachment E - Sensitive Uses Proximity Map.
c. No retailer operator shall be established or located within 1,000 feet of any of the following: Existing cannabis storefront retailer operator; Existing RDC (Retail, Distributor, Cultivation), RDM (Retail, Distributor, Manufacturer), and/or RCM (Retail, Cultivation, Manufacturer) microbusiness operator. Existing indicates the possession of an approved use permit.
Staff has confirmed that none of the above listed cannabis business types are within 1,000 feet of the Project property lines. The closest approved cannabis related businesses are two retail storefronts: 7840 West Ln #F (P20-673) - 1.3 miles north of the site, and 2521 West Lane (P21-0602/P24-0210) - 1.5 miles south of the site. (Attachment G - Approved Cannabis Locations).
Use Permit - (SMC Section 16.168)
SMC Section 16.168.050.A requires seven (7) general Findings of Fact to grant a Commission Use Permit for a cannabis retail storefront business. Each finding and staff’s analysis are as follows:
1. Finding: The proposed use is allowed within the subject zoning district with the approval of a use permit and complies with all other applicable provisions of this Development Code and the Municipal Code.
Staff Analysis: The proposed cannabis retail storefront use is conditionally allowed in the CG Zone with approval of a Commission Use Permit. The Project meets the location requirements set forth in SMC Section 16.80.195(A)(6); is not located within 300-feet of any existing residential zone or use. The Project is not located within 600-feet of any park, school providing K-12 instruction, day care center, or youth center, childcare center, child care, in-home (family day care home), religious facilities, or drug abuse or alcohol recovery/treatment facility. As conditioned, the cannabis operation will be in conformance with the development standards outlined in Title 16 of the Municipal Code. Adequate off-street parking spaces are integrated in the shopping center.
2. Finding: The proposed use would maintain or strengthen the integrity and character of the neighborhood and zoning district in which it is to be located.
Staff Analysis: The proposed cannabis business would operate within an established commercial shopping center that host a variety of commercial businesses. The cannabis retailer storefront business will occupy the vacant space in the building, which would strenghten the site’s commercial character. The business would also help strengthen the integrity and security of the area by the presence of additional security due to the nature of the land use. The proposed use would also align with the intent of the general plan to attract employment and tax-generating businesses that support the economic diversity of the city.
3. Finding: The proposed use would be consistent with the general land uses, objectives, policies, and programs of the General Plan and any applicable specific plan or master development plan.
Staff Analysis: The General Plan Land Use Map designates the subject site as Commercial. The Commercial designation is intended to accommodate a wide variety of commercial uses, including, but not limited to, retail, services, and commercial uses; business, medical, and professional, residential uses, public and quasi-public uses; and other related uses. The proposed use is a cannabis retail storefront business, which is consistent with the intent described in the General Plan for the Commercial land use designation and the following General Plan goals and policies:
• Goal LU-6: To provide for orderly, well-planned, and balanced development.
• Goal CH-3: Expand opportunities for local enterprise, entrepreneurship, and gainful employment.
• Policy LU-4.2: Attract employment and tax-generating businesses that support the economic diversity of the city.
The proposed use furthers the above goals and policy since it would provide for a business type that generates tax revenue for the City of Stockton’s general fund and expands opportunities for employment and entrepreneurship. The introduction of the proposed cannabis business diversifies the types of commercial establishments in surrounding area. The proposed location is not located in an area surrounded by sensitive uses identified in SMC Section 16.80.195(A).
4. Finding: The subject site would be physically suitable for the type and density/intensity of use being proposed including the provision of services (e.g., sanitation and water), public access, and the absence of physical constraints (e.g., earth movement, flooding, etc.).
Staff Analysis: The proposed project has been analyzed by all applicable departments, and it has been determined that all existing streets and public accessways are adequate to serve the project. The site will have access to existing City utility services, which are presently available at the site. Further, a Building Permit for a tenant improvement is required for the proposed cannabis facility, and the project will be required to comply with all applicable Building Code standards.
5. Finding: The establishment, maintenance, or operation of the proposed use at the location proposed and for the time period(s) identified, if applicable, would not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, peace, or general welfare of persons residing or working in the neighborhood of the proposed use.
Staff Analysis: The proposed land use will require the applicant to adhere to all applicable Building and Fire Codes, and additional requirements established by the State of California, Department of Cannabis Control. The Department of Cannabis Control issues annual licenses and regulates cannabis retail storefront to ensure safe practices. The applicant will also be required to obtain and maintain an Operator’s Permit from the City that requires the business owner to develop and maintain a security and lighting plan that is reviewed annually by the Police Department.
All cannabis operations for the proposed retail storefront will occur indoors. Appropriate security provisions will be incorporated into the project operations plan, including electronic surveillance and on-site security. The site will use an activated carbon filtration system to prevent any odors from spilling outside of the facility.
For the above reasons, the establishment, maintenance, or operation of the proposed land use activity would not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use.
6. Finding: The design, location, size, and operating characteristics of the proposed use would be compatible with the existing and future land uses on-site and in the vicinity of the subject property.
Staff Analysis: The proposed cannabis retail storefront business would be located in an existing building in a commercial development and does not raise any potential issues related to parking, as the commercial development has adequate shared parking facilities. The proposed use is commercial and raises no potential issues related to compatibility with the existing and future land uses on-site and in the vicinity of the subject property.
7. Finding: The proposed action would be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines.
Staff Analysis: The proposed project will occupy an existing building. The project is categorically exempt from the CEQA, pursuant to CEQA Guidelines Section 15301(a) (Existing Facilites) since the project will occupy an existing building and no expansion of the site is proposed.
PUBLIC COMMENT
On August 4, 2025, a public notice of the item and meeting was mailed to all property owners within a 300-foot radius of the project parcel. A notice was also published in The Record newspaper. At the time of writing this report, no public comments were received.
Attachment A - Cannabis Lottery Win Letter
Attachment B - Location Map
Attachment C - General Plan Land Use Map
Attachment D - Zoning Map
Attachment E - Sensitive Uses Proximity Map
Attachment F - Certificate of Lot Line Adjustment (LLA 24-02)
Attachment G - Approved Cannabis Locations
This report was prepared by Arturo Carrasco, Senior Planner, (209) 937-8955 or Arturo.Carrasco@stocktonca.gov.