Planning Commission

City of Stockton

Meeting Agenda - Final

Stockton Planning Commission

Don M. Aguillard, Chair (District 5)

Kimberly A. Warmsley, Vice Chair (District 6)

Sol Jobrack, Commissioner (District 1)

Waqar Rizvi, Commissioner (District 2)

Elizabeth Mowry Hull, Commissioner (District 3)

Anne N. Mallett, Commissioner (District 4)

D'Adrea Davie, Commissioner (At-Large)

Council Chamber, City Hall, 425 N. El Dorado

Street, Stockton CA

5:30 PMThursday, July 26, 2018

1. CALL TO ORDER/ROLL CALL

2. PLEDGE TO FLAG

3. ADOPTION OF CONSENT CALENDAR

4. PUBLIC COMMENT*

5. PUBLIC HEARINGS/ENVIRONMENTAL ASSESSMENTS

5.1 18-4698 USE PERMIT AND DESIGN REVIEW FOR A PROPOSED 75-FOOT

HIGH STEALTH TELECOMMUNICATION TOWER WITH ABOVE

GROUND EQUIPMENT IN THE STOCKTON CHANNEL AREA

LOCATED AT 2050 W. FREMONT STREET (P18-0334)

Recommended Action: RECOMMENDATION

Staff recommends that the Planning Commission adopt a resolution approving a Use Permit and Design Review for a proposed 75-foot high stealth telecommunication tower in the Stockton Channel Area located at 2050 W. Fremont Street based on the findings and conditions of approval detailed in the proposed resolution.

Department: Community DevelopmentAttachment A - Aerial Photograph and Location Map

Attachment B - Site Plan

Attachment C - Elevation and Photo Simulations

Proposed Resolution - Recommending Approval

Exhibit 1 - Site Plan

Attachments:

6. NEW BUSINESS*

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July 26, 2018Planning Commission Meeting Agenda - Final

7. UNFINISHED BUSINESS

8. REPORTS/COMMUNICATIONS/INFORMATIONAL ITEMS

9. COMMISSIONERS COMMENTS

10. ADJOURNMENT

CERTIFICATE OF POSTING

I declare, under penalty of perjury, that I am employed by the City of Stockton and

that I caused this agenda to be posted in the City Hall notice case on July 23, 2018,

in compliance with the Brown Act.

Blair Hongo

Deputy City Clerk

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July 26, 2018Planning Commission Meeting Agenda - Final

A. The meeting will be conducted in accordance with Rosenberg’s Rules of Order.

B. Each person wishing to address the Planning Commission is encouraged to fill out a speaker card located at the

podium. Each speaker will then be called forward to the podium to speak in the order in which their speaker card

was received. Speakers are encouraged but not required to provide their name and address when speaking before

the Commission.

C. All questions from members of the audience to the Planning Commission and/or city staff members shall be

directed to the Chairperson of the Planning Commission.

All questions from Planning Commission members to staff shall be addressed directly to staff from the member

asking the question.

No personal comments and/or exchanges will be permitted between members of the audience and individual staff

or Commission members. Rather, direction shall be given to staff to follow-up on any issues brought before the

Commission. This rule applies to communications outside of the public hearing process.

D. Information presented to the Commission shall only pertain directly to the item under consideration. Character

assassinations, personal feuds, irrelevant data or repetitions of matters already presented shall not be permitted.

E. All rules of Decorum pursuant to Council Policy 100-3- Rules for Conduct of City Council Meetings apply equally

to this Commission.

Agendas, staff reports and minutes can be viewed on the City of Stockton web

site http://www.stocktongov.com/government/oMeetings/boardComMeetings.html

DISCLOSURE OF CAMPAIGN CONTRIBUTIONS:

State legislation requires disclosure of campaign contributions of $250 or more, made to any Planning

Commissioner, by any person who actively supports or opposes any application pending before the Planning

Commission, and such person has a financial interest in the decision. Active support or opposition includes

lobbying a Commissioner and/or testifying for or against such an application. Any person having made a $250 or

larger contribution within the preceding 12 months must disclose that fact during the public hearing or on said

application.

The official City Planning Commission policy is that applications pending before this Commission should not be

discussed with the Commission members outside of a public hearing. If any representations are made privately,

they must be identified and placed in the public record at the time of the hearing.

If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else

raised at the public hearing described in this notice, or in written correspondence delivered to the Planning

Commission, at, or prior to, the public hearing.

NOTE: All proceedings before this meeting body are conducted in English. The City of Stockton does not furnish

language interpreters and, if one is needed, it shall be the responsibility of the person needing one.

In accordance with the Americans With Disabilities Act and California Law, it is the policy of the City of Stockton to

offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those

with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda

packet in an appropriate alternative format; or if you require other accommodation, please contact the Office of the

City Clerk located at 425 North El Dorado Street, Stockton, California 95202 during normal business hours or by

calling (209) 937-8459, at least 5 days in advance of the hearing/meeting. Advance notification within this guideline

will enable the City/Agency to make reasonable arrangements to ensure accessibility.

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July 26, 2018Planning Commission Meeting Agenda - Final

CONSENT ITEMS: Information concerning the consent items has been forwarded to the Planning Commission

prior to the meeting. Unless a Commissioner or member of the audience has questions concerning a particular

item and asks that it be removed from the Consent Calendar, the items are approved at one time by a roll call vote.

Anyone wishing to speak on a consent item or public hearing item, please complete a "Request to Speak Card"

and submit it to the Recording Secretary prior to the meeting.

* For any person wishing to address the Planning Commission on any matter not on the printed agenda.

Chairperson may set time limit for individual speakers/groups.

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City of Stockton

Legislation Text

File #: 18-4698, Version: 1

USE PERMIT AND DESIGN REVIEW FOR A PROPOSED 75-FOOT HIGH STEALTHTELECOMMUNICATION TOWER WITH ABOVE GROUND EQUIPMENT IN THE STOCKTONCHANNEL AREA LOCATED AT 2050 W. FREMONT STREET (P18-0334)

RECOMMENDATION

Staff recommends that the Planning Commission adopt a resolution approving a Use Permit andDesign Review for a proposed 75-foot high stealth telecommunication tower in the Stockton ChannelArea located at 2050 W. Fremont Street based on the findings and conditions of approval detailed inthe proposed resolution.

Summary

The applicant, T-Mobile West, LLC (“T-Mobile”), is requesting a Use Permit and Design Review toestablish a proposed 75-foot high stealth telecommunication tower with above ground equipment at2050 W. Fremont Street. The 2.79-acre site is zoned Industrial, General (IG) and located within theStockton Channel Area (CHA) Overlay District. The subject property is currently being used by anadvertising company, OutFront Media, LLC. The applicant will be leasing 825 square feet of the sitefrom OutFront Media, LLC. Diamond Communications, a subsidiary of OutFront Media, LLC, is oneof the largest private tower companies in the United States and has entered into an agreement with T-Mobile to build the stealth tower for T-Mobile’s use at the subject site. The proposed tower will be aquad-pole stealth design, with 10-foot high stealth screen walls hiding all antennas. The proposedtower will be built to hold two (2) wireless networks, with two (2) stealth antenna array locations (T-Mobile at 70 feet in height, future network at 60 feet in height).

Per Stockton Municipal Code (SMC) 16.28.040.C, the CHA Overlay Zoning District standards requirethat new uses and structures are permitted within the CHA Overlay District with an approvedCommission Use Permit. Design Review approval is required to construct the stealth tower. TheArchitectural Review Committee recommended approval of the submitted elevations and photosimulations. Staff recommends that the Planning Commission approve the Use Permit and DesignReview, because it will have conditions of approval, which will mitigate potential negative impacts onthe subject site and the surrounding neighborhood, in accordance with the recommended Findings inthe Resolution.

DISCUSSION

Background

The site is zoned IG and is bounded to the:

· North by a construction business zoned IG (Industrial, General), RM (Residential, Medium),

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and Interstate 5;· South by a parking lot and office buildings zoned IG;· East by a printing business zoned IG; and· West by two (2) duplex units and a manufacturing business zoned IG.

The site is developed to support industrial uses and is currently being used by an advertisingcompany.

Present Situation

T-Mobile currently operates wireless telecommunication panels on the Cal Water elevated water tanklocated at 811 Buena Vista Ave. Cal Water informed T-Mobile that they will be demolishing the watertank in the very near future (6-12 months). To continue T-Mobile’s services to residents andbusinesses in this portion of Stockton, T-Mobile is proposing a new wireless telecommunicationfacility (stealth tower) to be located at 2050 W. Fremont St. on the 825-square foot leased space,from OutFront Media, LLC (Attachment A - Aerial Photo & Location Map).

The proposed stealth tower would be located on the southeastern portion of the subject site facingMelbourne Avenue. The project site is approximately 450 feet from the nearest residential zonedparcel and 180 feet from Interstate-5. The proposed height of the stealth tower is 75 feet, which iswithin the maximum allowed height for a minor communication facility per SMC CommunicationFacilities 16.44.020.B.1.b., Height Criteria for Communication Facilities. The site plan has beenevaluated by the internal City departments and was found to be compliant with SMC 16.44“Communications Facilities,” as well as building and fire codes (Attachment B - Site Plan).

The proposed stealth tower is located within the boundaries of the Stockton CHA Overlay ZoningDistrict. SMC Section 16.28.040.C provides:

Within the Stockton CHA Overlay Zoning District, no structure shall be added to constructed,erected, or enlarged; no use shall be enlarged, extended, or intensified; no new use ofpremises shall be introduced; and no former use shall be re-established without a CommissionUse Permit in compliance with SMC 16.168 (Use Permit requirement).

The Use Permit and Design Review application was submitted to comply with this requirement. In itsreview of the Use Permit and Design Review application, the Planning Commission should considerwhether the proposed structure is compatible with existing land uses in the CHA Overlay ZoningDistrict.

The proposed stealth tower will be built to hold two (2) wireless networks, with two (2) stealthantenna array locations (T-Mobile at 70 feet in height, future network at 60 feet in height) and two (2)equipment pads adjacent to the base of the tower. The entire facility is proposed to have an 8-foothigh chain link fence with slats to provide adequate screening. The stealth tower equipment will notbe visible to the general public as the equipment will be behind the tower panels. In addition, allnecessary coax cables will be run inside one of the tower legs and will also not be visible to thegeneral public. Access to the facility will be off of Melbourne Ave. The proposed tower will be painted

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a muted or soft white color.

T-Mobile is proposing to install the following:

· Nine (9) panel antennas;· Nine (9) remote radio units (RRUs);· Six (6) Tower Mounted Amplifiers (TMAs) at 70 feet in height; and· One (1) 10 foot x 14 foot equipment pad with the necessary utility equipment.

The necessary utility equipment T-Mobile proposes to install on the 10 foot x 14 foot equipment padconsists of the following:

· Two (2) radio cabinets;· One (1) backup battery cabinet; and· Assorted auxiliary equipment cabinets and any necessary utility equipment.

The co-location space at 60 feet in height and the additional equipment pad (10 feet x 12 feet) will beused by a future network.

Design Review

Pursuant to SMC Section 16.44.020.D, Screening Criteria, the proposed stealth tower has beendesigned to blend in with the surroundings to minimize aesthetic intrusion on the surroundingcommunity. The proposed stealth tower will be painted a muted or soft white color to blend in with theskyline (Attachment C - Elevation and Photo Simulations).

The Architectural Review Committee (ARC) reviewed the proposed stealth tower elevations andphoto simulations for consistency with the Stockton Citywide Design Guidelines, specifically thechapters guiding design in the Stockton Channel Area and Freeway Corridors. The ARC found thatthe proposed stealth tower complies with the General Design Objectives for the Stockton ChannelArea guidelines and Freeway Corridor guidelines by complementing the surrounding uses andindustrial character of the port area. The proposed tower has a reduced visual presence ascompared to surrounding buildings and the soft white color camouflages the tower with the skylineand does not detract from significant views of the Channel. The photo simulations, Attachment C,provides a variety of viewpoints and the ARC determined the proposed tower does not obstruct theviewshed of the Channel.

General Findings

The Development Code contains specific Findings, all of which must be made in the affirmative tosupport the approval of a Use Permit. If one or more of the Findings cannot be made, the Use Permitcannot be approved.

The Applicant is required to meet all seven General Findings in SMC Section 16.168.050.A. Theapplicant shall comply with all applicable provisions in the SMC; maintaining the integrity andcharacter of the applicable zoning district; consistency with applicable General Plan objectives andpolicies; physical suitability of the site for the proposed use; not endangering or jeopardizing thepublic health, safety, peace, or general welfare of the public; compatibility with surrounding uses; andCity of Stockton Printed on 7/23/2018Page 3 of 5

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public health, safety, peace, or general welfare of the public; compatibility with surrounding uses; andconsistency with the California Environmental Quality Act (CEQA).

The proposed stealth tower is allowed in the IG zone and within the Channel Area with an approvedUse Permit and meets the Development Code requirements. The proposed stealth tower wouldstrengthen the integrity and character of the surrounding neighborhood because the subject stealthtower would support existing industrial business permitted in the IG zoning district and the residentialzoning district.

The subject stealth tower complies with General Plan Policy, Public Facilities & Services Element,PFS - 10.7 Visual Impact, which states the following: to minimize the visual impacts of wirelesscommunication facilities, the City shall encourage that they meet the following conditions:

a. Are located away from residential and open space areas;

b. Are not visible from public right-of-way;

c. When possible, are located on existing buildings, existing poles, or other existing supportstructures; and

d. Are painted, camouflaged, or textured.

The site would be physically suitable for the proposed stealth tower, including provisions of services(e.g., sanitation and water), public access, and the absences of physical constraints (e.g., earthmovement, flooding, etc.), because the existing use already has services and there are no knownphysical constraints. The proposed tower has a reduced visual presence as compared to surroundingbuildings and the soft white color camouflages the tower with the skyline and does not detract fromsignificant views of the Channel.

The design, location, size, and operating characteristics of the proposed stealth tower would becompatible with the existing and future land uses on-site and near the subject property because theproposed tower will serve the surrounding neighborhood, which is made up of industrial andresidential uses as well as commuters on Interstate-5. Additionally, the design of the proposed towerwill have a lower visual impact than the surrounding buildings and will have a soft white color whichblends in with the view shed of the Channel Area. The proposed stealth tower will not endanger orjeopardize the public health, safety, peace, or general welfare of the public because it will meet allapplicable Federal, State, County and City codes, regulations and adopted standards. The proposedstealth tower will also support future industrial and residential uses.

Public Comments

Staff has not received any comment from the public on this project.

Environmental Clearance

The proposed action is a Categorically Exempt use, in accordance with the provisions of Section15303, Class 3, of the California Environmental Quality Act (CEQA), because it constitutes newconstruction of a small structure.

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VOTES

A vote of a majority four (4), of the total authorized membership of the Planning Commission isrequired for the Commission to transact business or decide any matter.

Attachment A - Aerial Photograph and Location MapAttachment B - Site PlanAttachment C - Elevation and Photo Simulations

This staff report was prepared by Assistant Planner Stephanie Wen, (209) 937-8269;stephanie.wen@stocktonca.gov

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City of Stockton, CA Attachment A

Property Information

Property ID 13336046-45287Location 2050 W FREMONT STOwner NATIONAL ADVERTISING CO

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 ofthe GIS data presented on this map.

Parcels updated 07/03/2018Properties updated 11/09/2017

1" = 273 ft

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City of Stockton, CA Attachment A

Property Information

Property ID 13336046-45287Location 2050 W FREMONT STOwner NATIONAL ADVERTISING CO

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 ofthe GIS data presented on this map.

Parcels updated 07/03/2018Properties updated 11/09/2017

1" = 273 ft

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Attachment C

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Attachment C

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Attachment C

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Attachment C

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Attachment C

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Resolution No.

STOCKTON PLANNING COMMISSION

RESOLUTION APPROVING THE USE PERMIT AND DESIGN REVIEW TO ALLOW A PROPOSED 75-FOOT HIGH STEALTH TELECOMMUNICATION TOWER WITH ABOVE GROUND EQUIPMENT IN THE CHANNEL AREA LOCATED AT 2050 W. FREMONT STREET (P18-0334)

The applicant, T-Mobile West, LLC (T-Mobile), submitted a Use Permit and Design Review application to construct a 75-foot high quad-pole stealth telecommunication tower with above ground equipment in the Channel Area located at 2050 W. Fremont Street, zoned Industrial, General (IG); and

The subject stealth tower is approximately 75 feet in height. The subject site is currently being used by an advertising company at the corner of West Fremont Street and Carlton Ave. The subject stealth tower and above ground equipment will be located on the south east portion of the site, adjacent to Melbourne Avenue and perpendicular to Interstate-5; and

The subject stealth tower complies with the provisions of Stockton Municipal Code (SMC) Section 16.44.020, Criteria for Minor and Major Communication Facilities; now, therefore,

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

A. The Planning Commission approves Use Permit to construct a 75-foot high quad-pole stealth telecommunication tower with above ground equipment in the Channel Area (Exhibit 1 - Site Plan and Elevation), based on the following General Findings of Fact and Conditions of Approval:

General Findings

1. The subject stealth tower is allowed within the Stockton Channel Area Overlay District, subject to the approval of a Use Permit by the Planning Commission. The subject stealth tower complies with all applicable provisions of the Stockton Municipal Code, particularly the Communication Facilities for Criteria for Minor and Major Communication Facilities in Section 16.44.020.

2. The subject stealth tower would maintain the integrity and character of the surrounding neighborhood, because the subject stealth tower complements the surrounding uses and industrial character of the Stockton Channel Area.

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3. The subject stealth tower is consistent with applicable general land uses, objectives, policies, and programs of the General Plan and any applicable specific plan or master development plan related to the subject stealth tower, because it expands the use of information and allows for better-informed citizenry and is consistent with the following General Plan Policy:

Public Facilities & Services, PFS-10.7, Visual Impact to minimize the visual impacts ofwireless communication facilities, the City shall encourage that they meet the following conditions:

a. Are located away from residential and open space areas;

b. Are not visible from public right-of-way;

c. When possible, are located on existing buildings, existing poles, or other existing support structures; and

d. Are painted, camouflaged, or textured.

The subject stealth tower complies with the above General Plan Policy because it will minimize visual impacts of wireless communication facilities in the Stockton Channel Area District. The subject stealth tower will complement the surrounding neighborhood, by serving businesses, residents, and the commuters from Interstate-5.

4. The subject site would be physically suitable for the type and density/intensity of use being proposed including the provision of services (e.g., sanitation and water), public access, and the absence of physical constraints (e.g., earth movement, flooding, etc.), because the existing use already has services and there are no known physical constraints.

5. The establishment, maintenance, or operation of the subject steath towerat the location proposed and for the time period(s) identified, if applicable, is not expected to 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, because the Conditions of Approval adequately address potential public health and safety issues that may be associated with the subject stealth tower by requiring the stealth tower to meet all applicable Federal, State, County, and City codes, regulations, and adopted standards.

6. The design, location, size, and operating characteristics of the subject stealth tower are expected to be compatible with existing and future land uses on the site and in the vicinity of the subject property, because the subject stealth tower will support industrial uses permitted in the IG zone, in accordance with Table 2-2 (Allowable Land Uses and Permit Requirements) of the Stockton Municipal Code, and is expected to be compatible with existing and future uses in the surrounding industrial zones.

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7. The proposed action is a Categorically Exempt use, in accordance with the provisions of section 15303, Class 3, of the California Environmental Quality Act (CEQA), because it constitutes new construction of a small structure.

Conditions of Approval

The business operator shall comply with all applicable Federal, State, County and City codes, regulations, and adopted Standards and pay all applicable fees.

Compliance with these conditions of Approval is mandatory. Failure to comply with these Conditions of Approval is unlawful and constitutes a public nuisance, and is subject to the remedies and penalties identified in the Stockton Municipal Code, including, but not limited to, monetary fines and revocation or modification of said Use Permit.

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

In the event the operation of this stealth tower should prove detrimental to the health, safety, peace or general welfare of the surrounding neighborhood, this Use Permit shall be subject to revocation or modification, as provided in the Development Code.

The 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 approvals for this project or its related environmental document.

The Use Permit shall become valid ten days after approval, unless the action is appealed.

Design Review

The Planning Commission approves the Design Review based on the following findings:

1. The proposed stealth tower is consistent with all applicable provisions of this Development Code and other applicable City ordinances, because the proposed stealth tower is consistent with the design criteria for communication facilities outlined in the SMC section 16.44.020.C.

2. The general design considerations, including the character, quality and scale of design are consistent with the purpose/intent of this chapter and the Guidelines and other design guidelines that may be adopted by the City, because the Architectural Review Committee (ARC) has reviewed the elevations, photo simulations, and architectural design in a comprehensive

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manner. The stealth tower will incorporate high quality, durable materials, and design features compatible with the industrial character of the port area.

3. The architectural design of structures and their material and colors are visually compatible with surrounding development. Design Elements to the stealth tower have been incorporated into the project to further ensure its compatibility with the character and uses of adjacent development, because the stealth tower will be painted a muted or soft white color and would blend in with the skyline.

4. The location and configuration of the structure is compatible with the sites and surrounding sites and structures and do not block views from other structures or dominate their surroundings, as it is a tower and not a solid wall.

5. The general landscape design, including color, coverage, location, size, texture, and type of plant materials, provisions for irrigation, planned maintenance, and protection of landscape elements have been considered to ensure visual relief to complement structures, and to provide an attractive environment, because there are no landscaping standards for telecommunication facilities, the proposed project is not required to provide landscaping.

6. The design and layout of the proposed project will not interfere with the use and enjoyment of neighboring existing and future development and will not result in vehicular or pedestrian hazards, because the leasing area on the subject site is located on the southwest portion of the site and is concealed with an 8-foot high chain linked fence with slats to prevent any disturbance from the operating business on site and to prevent any aesthetic intrusion on the surrounding community.

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7. The building design and related site plans, including on-site parking and loading, has been designed and integrated to ensure the intended use will best serve the potential uses and patrons of the site, because the City staff has reviewed the site plan to ensure that the plans comply with the City Codes and provide the best way to serve the patrons of the site.

PASSED, APPROVED, and ADOPTED: July 26, 2018 .

DON M. AGUILLARD, CHAIRCity of Stockton Planning Commission

ATTEST:

________________________________DAVID W. KWONG, SECRETARYCity of Stockton Community Development

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Exhibit 1

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Exhibit 1

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Exhibit 1

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