LODI PLANNING COMMISSION REGULAR COMMISSION MEETING CARNEGIE FORUM, 305 WEST PINE STREET WEDNESDAY, JANUARY 8, 2025 1. CALL TO ORDER / ROLL CALL The Regular Planning Commission meeting of January 8, 2025, was called to order by Chair Hicks at 7:00 p.m. Present: Planning Commissioners = Chair Hicks, Diehl, Eddy, Woehl, Saldana, Vice Chair Singh, and Slater Absent: Planning Commissioners - Also Present: Community Development Director John R. Della Monica, Jr., Deputy Director / City Planner Cynthia Marsh, City Attorney Katie Lucchesi, Deputy City Attorney Krattiger, Administrative Analyst Lorie Waters, and Administrative Clerk Jessica Pagan 2. MINUTES November 13, 2024 & December 11, 2024" Hearing Opened to the Public No public comments MOTION / VOTE: The Planning Commission, on motion by Commissioner Slater, Commissioner Diehl second, approved the minutes from November 13, 2024 and December 11, 2024. The motion carried by the following vote: Ayes: Commissioners Eddy, Chair Hicks, Vice Chair Singh, Slater, Woehl, Diehl, and Saldana Noes: Commissioners = Abstain: Commissioners = Absent: Commissioners - 3. COMMENTS BY THE PUBLIC (NON-AGENDA ITEMS) None 4. PUBLIC HEARINGS a. Consideration of the Planning Commission to adopt a Resolution to approve a Use Permit to authorize a Type 41 ABC License for the sale of beer and wine at an existing restaurant (Nona's Steakhouse) located at 1110 West Kettleman Lane, Suite 2 (Applicant: Nona's Steakhouse, File Number: PL2024-037 U, CEQA Determination: Exempt Per Section 15061(b)(3)) Deputy Director / City Planner Marsh gave a brief PowerPoint presentation based on the staff report. Staff is recommending that the Planning Commission approve the use permit. Commissioner Slater asked if this location was previously a restaurant and asked if there were any police reports from this location. Deputy Director / City Planner Marsh confirmed that the location was previously a restaurant and that there were no calls for service or concerns from the Lodi Police Department (LPD). January 8, 2025 PC Minutes Page 2 of5 Vice Chair Singh asked if the restaurant planned to serve alcohol on the patio. Deputy Director / City Planner Marsh stated that the patio area is fenced in and would be included for the sale of beer and wine. Commissioner Slater asked if Staff has looked into the history of the applicant for any issues and stressed the importance of the Reasonable Alcohol Training. Deputy Director / City Planner Marsh stated that there were no complaints found and the alcohol training is addressed in the Conditions of Approval. Hearing Opened to the Public No comments from the public Public Portion of Hearing Closed MOTION /VOTE: The Planning Commission, on motion of Commissioner Diehl, Commissioner Woehl second, recommends that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) and adopts a resolution to approve a Use Permit to authorize a Type 41 ABC License for the sale of beer and wine for at an existing restaurant (Nona's Steakhouse), located at 1110 West Kettleman Lane, subject to the findings and conditions of approval contained in the draft resolution. The motion carried by the following vote: Ayes: Commissioners - Chair Hicks, Eddy, Diehl, Woehl, Saldana, Slater, and Vice Chair Singh Noes: Commissioners - Abstain: Commissioners - Absent: Commissioners - b. Consideration for the Planning Commission to adopt a resolution recommending City Council adopt an Ordinance to enter into a Development Agreement with Rogers Media Company ("Rogers Media") to install, maintain, and operate electronic message signs on City property (CEQA Determination: Exempt Per Section 15061(b)(3) Deputy Director / City Planner Marsh gave a brief PowerPoint presentation based on the staff report. Staff is recommending that the Planning Commission adopt the resolution. Vice Chair Singh asked if Public Works has identified these areas where the signs will be as having accidents related to speed or other distractions. Deputy Director / City Planner Marsh stated the Public Works Department has been consulted, and they did not have concerns. She added that the project will be routed through all City departments when the applications are submitted for the entitlements. Vice Chair Singh also asked for clarification on the location of the sign on Kettleman. Deputy Director / City Planner Marsh stated that the sign will be on the Animal Shelter property. Commissioner Woehl stated that the sign on Harney Lane would only be visible from two directions; north bound and east bound, and that he did not like the location of the sign. Commissioner Saldana asked what the length of the lease would be. Deputy Director / City Planner Marsh stated that the Development Agreement indicates that the initial term is 5 years, and there are options to extend for two additional 5-year terms. Commissioner Saldana asked if 2 January 8, 2025 PC Minutes Page3 of5 the cost of maintenance would fall on the City if the terms were not extended. Deputy Director / City Planner Marsh advised that the Development Agreement states that if Roger's Media ceases operation, they would have to remove the sign. Commissioner Saldana asked about the amount of sidewalk space that the sign on Harney Lane would take up. Deputy Director / City Planner Marsh stated that the sign would not take up any sidewalk space, and that it would be located in the planter beds. Hearing Opened to the Public Matt Roger's and Michael Georguson, the owners of Roger's Media, came up to the podium to answer questions. Mr. Roger's provided details of the sign on the corner of Harney Lane including the 8-inch pole size, location, height, and lumens as not to disturb neighboring properties and details of the Kettleman Lane sign including the double facing, flag design with a minimal pole, and location. He added that the City can instantly take over the electronic display of the sign in an emergency situation. Commissioner Slater asked Mr. Roger's if there was a possibility of mounting the sign on the wall at Harney Lane and Hutchins. Mr. Roger's stated that the wall was not constructed for the sign to be mounted there. He added that mounting the sign on the wall would have been obtrusive to the neighboring property. Vice Chair Singh asked if the sign was designed to breakaway if hit by a vehicle. Mr. Roger's stated that he would usually install bollards if his sign was in an area that posed that possibility, but he doesn't believe that this sign would. He added that he would gladly add bollards if Public Works suggested it. Vice Chair Singh also asked Mr. Roger's about his ability to prevent the signs from being hacked. Mr. Roger's stated that there is an emergency shut off in the event that the display was hacked. Commissioner Saldana asked Mr. Roger's if any of his 150 signs have ever been hit by a vehicle. Mr. Roger's stated that, in over 30 years of business, none of his signs have ever been hit by a vehicle. Commissioner Saldana asked if the City would have any liability if one of the signs were involved in an auto accident. Mr. Roger's stated that Roger's Media carries at least the required amount of liability insurance. Commissioner Saldana asked about the removal of graffiti. Mr. Roger's stated that their goal is to remove graffiti within 48 hours. Greg Costa, the owner of the property on the southeast corner of Harney Lane and Hutchins Street, came up to the podium to provide comments. He expressed that he is not opposed to electronic signs, but he does believe that the location of the sign on Harney Lane is poor and dangerous. He expressed concerns over speeding, the current speed limits in the area, and discussed prior damage to his property from auto accidents. He asked if there have been any traffic studies done for this area and who has jurisdiction over this intersection. Gary Armstrong, a resident of the area near Harney Lane and West Lane, came up to the podium to express concerns with the location of the sign and it being a distraction for drivers at this intersection. Commissioner Diehl commented that there is an indemnification provision in the Development Agreement that, if there is an accident, the contractor agrees defend and hold the City harmless. 3 January 8, 2025 PC Minutes Page 4 of5 Commissioner Saldana stated that she agrees with the community members that this sign could pose as a distraction for drivers at a busy intersection. Commissioner Woehl asked for clarification on what was being approved. Director Della Monica stated that the Development Agreement alone is what Staff is recommending that the Planning Commission approve, in order for this item to move forward to City Council. Director Della Monica reiterated that this item would have to come back to the Planning Commission for the Use Permit and the Site Plan and Architectural Review Committee will review as well. Commissioner Eddy asked if there was a traffic study done. Director Della Monica stated that there will be a detailed report regarding the traffic at this intersection from Public Works when this item comes back to Planning Commission for the Use Permit. Vice Chair Singh asked what was the speed limit on northbound West Lane approaching the intersection. Director Della Monica stated that there are hopes that the area south of Harney Lane will be annexed into the City, and at that time, the speed limit will be reduced to match Hutchins Street at 45 mph. Commissioner Woehi asked for an exampie of a reason to discontinue use of the sign. Director Della Monica stated that the City has the authority to remove the sign if the applicant is not maintaining it, if it proves to be a nuisance, or becomes non-operational. Public Portion of Hearing Closed MOTION / VOTE: The Planning Commission, on motion of Commissioner Diehl, Commissioner Slater second, recommends that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) and adopts a resolution recommending City Council adopt an Ordinance to enter into a Development Agreement with Rogers Media Company to install, maintain, and operate electronic message signs on City property, subject to the findings and conditions of approval contained in the draft resolution. The motion carried by the following vote: Ayes: Commissioners Chair Hicks, Eddy, Diehl, Saldana, Slater, and Vice Chair Singh Noes: Commissioners = Woehl Abstain: Commissioners = Absent: Commissioners - 5. PLANNING MATTERSIFOLLOW-UP ITEMS Director Della Monica stated that the next regular meeting will be February 12, 2025. 6. ANNOUNCEMENTS AND CORRESPONDENCE City Attorney Lucchesi introduced the new Deputy City Attorney, Janelle Krattiger. 7. ACTIONS OF THE CITY COUNCIL None 8. ACTIONS OF THE SITE PLAN AND ARCHITECTURAL REVIEW COMMITTEE Commissioner Woehl advised that the SPARC did not meet today. 4 January 8, 2025 PC Minutes Puge. 5 of5 9. COMMENTS BY STAFF AND COMMISSIONERS (NON-AGENDA ITEMS) Commissioner Slater stated he will be in Germany from February 9 through March 10, 2025. 10. ADJOURNMENT There being no further business to come before the Planning Commission, the meeting was adjourned at 8:04 p.m. AUESTa Qdfeno Lorie Waters Planning Commission Secretary 5