Planning Commission Regular Meeting

MINUTES CITY OF LINCOLN PLANNING COMMISSION Regular Meeting January 17, 2024 1. CALL TO ORDER – Chairman Gilbert called the meeting to order at 6:00 P.M. 2. ROLL CALL – Commissioners present: Eklund, Gilbert, E.Johnson, J.Johnson, McKinney and Reedy. Commissioner absent: Hutchinson (with notification). Various Staff and Public were also in attendance in person and via Zoom. 3. PLEDGE OF ALLEGIANCE – was led by Planning Commission Secretary Eugenie Guadron. 4. AGENDA MODIFICATION – None. 5. PUBLIC COMMENT ON ON-AGENDA ITEMS WITHIN THE SUBJECT MATTER JURISDICTION OF THE COMMISSION – None. 6. INFORMATIONAL ITEMS FROM STAFF Chairman Gilbert reported since Vice-Chairman Hutchinson was absent, due to medical reasons, the rotation of Chairperson and election of Vice-Chairperson will happen in a future meeting. 7. DISCLOSURE OF EXPARTE COMMUNICATION – None. 8. CONSENT – 8.A. Review and approve November 15, 2023 meeting minutes. Motioned (Offered by Commissioner McKinney, seconded by Commissioner E.Johnson) to approve the November 15, 2023 meeting minutes. Approved by voice call vote with no opposition. 9. PUBLIC HEARINGS – 9.A. Braids & Locks by Edwije - A Conditional Use Permit for the operation of a home-based salon which allows customer contact during delivery of service. The home business will be located at 1246 Barrington Lane, Lincoln on Assessor’s Parcel Number 328-190-002. (Property Owner/Applicant: Edwije Joseph). Staff recommends that the Planning Commission conduct a public hearing, consider the information contained in the staff report and testimony of the public, and take the following action: 1. Determine that the project is exempt from the California Environmental Quality Act (CEQA) under Section 15301 Class 1 - Existing Facilities. 2. Adopt Resolution 2024-01 Approving a Conditional Use Permit for a home occupation to allow personal contact with customers at 1246 Barrington Lane, Lincoln. Boniface Chifamba, Assistant Planner presented a PowerPoint presentation, made a part of these minutes by mention thereof. Discussion followed with questions from Commissioners and answers/comments made by Mr. Chifamba, Community Development Department Director Christian Svensk, Planning Manager Rommel Pabalinas and Attorney Kristine Mollenkopf pertaining to parking by customers and employees, allowable operational days and hours, Lincoln Crossings Home Owners Association comments that were included in the staff report, and correction to the Resolution on the home square footage being 3,199 square feet and business occupancy percentage.

PC 01/17/24 Minutes Chairman Gilbert opened the public hearing at 6:20 P.M. Zoom Caller, resident of Lincoln since 2006, wondered how the parking related to home occupations are enforced and regulated, if there is limitation on the number of home occupations in an area, and if there is a certain number of customers to determine a business owner to open a commercial business. Attorney Mollenkopf, Director Svensk and Manager Pabalinas’ comments included conditional use permits and municipal codes sections are enforced by violation; Code Enforcement would follow up on complaints reported to the city by opening a case, researching and take appropriate action, including revoking the conditional use permit; there is not a limitation of how many businesses can be in an area and each conditional use permit is handle on a case by case basis; complaints would be researched, reviewed and governed by the conditional use permit and codes; and there is no certain number of customers to determine a business owner to open a commercial business. Home occupations are governed by the conditional use permit and municipal regulations. Chairman Gilbert closed the public hearing at 6:27 P.M. Motioned (Offered by Commissioner E.Johnson, seconded by Commissioner McKinney) to approve Resolution 2024-01 Approving a Conditional use Permit for a home occupation to allow personal contact with customers at 1246 Barrington Lane, Lincoln, with the amendment to the operation hours of Monday through Friday, 9:00 A.M to 5:00 P.M., and the determination that the project is exempt from the CEQA. Approved by the following roll call vote: E.Johnson – Aye, McKinney – Aye, Eklund – Aye, J.Johnson – Aye, Reedy – Aye and Gilbert – Aye. (6-0-0-1). 9.B. Tattoo Parlors - Municipal Code Update - A public hearing to consider allowing tattoo parlors as a permitted use and removing the 400-foot minimum separation requirement from residential uses, churches and schools. (Applicant: City of Lincoln) Staff recommends: 1. Determine that the amendment to Title 18 (Zoning) of the Lincoln Municipal Code regarding tattoo parlor is not a project under Section 15378 (Project) of the California Environmental Quality Act (CEQA) guidelines; and 2. Adopt Resolution 2024-02 recommending City Council adopt an Ordinance adding “Tattoo parlors and/or body piercing establishments” to the list of permitted uses within the Commercial District (C) (Chapter 18.22) and remove the 400-foot separation distance requirement. Mikaela Noble, Assistant Planner presented a PowerPoint presentation, made a part of these minutes by mention thereof. Discussions followed with questions from Commissioners and answers/comments made by Ms. Noble pertaining to the Tattoo Parlor Municipal Code does includes body piercing, the fascinating pew research included in the staff report, and the very useful comparison of tattoo parlors in local jurisdictions. Chairman Gilbert opened and closed the public hearing with no comment at 6:40 P.M. Commissioner Eklund agree that the items included in the staff report was very helpful; surprised that the number of adults with tattoos was low; does not agree with stigma that you know the various things occur around tattoo parlors; tattoo parlors are a safe sterile environment; and appreciated staff for bringing forth the revitalization aspect to Lincoln downtown. Tattoo parlors are art that would make downtown Lincoln more interesting and well rounded. Motioned (Offered by Commissioner J.Johnson, seconded by Commissioner Reedy) to approve Resolution 2024-02 recommending City Council adopt an Ordinance adding “Tattoo parlors and/or body piercing establishments” to the list of permitted uses within the Commercial District (C) (Chapter 18.22), remove the 400-foot separation distance requirement, and find that his project is not subject to

PC 01/17/24 Minutes CEQA. Approved by the following roll call vote: J.Johnson – Aye, Reedy – Aye, Eklund – Aye, E.Johnson – Aye, McKinney – Aye, and Gilbert – Aye. (6-0-0-1) 10. GENERAL BUSINESS – 10.A. The Year Ahead: overview and discussion of long-range projects and priorities Efren Sanchez, Senior Planner presented a PowerPoint presentation, made a part of these minutes by mention thereof. Commissioners and staff had discussions on the following:  Downtown Lincoln Green Zone (Specific Plan)  General Plan and Housing Element Annual Progress Report  Accessory Dwelling Unit Ordinance  Lincoln Municipal Code Updates  General Plan and Specific Plans. Commissioners were thankful and appreciative for The Year Ahead presentation and discussions. 11. COMMISSIONER COMMENTS – Chairman Gilbert commented that he would like emails sent to Vice-Chair Hutchinson and encourage her to heal; Chairman Gilbert also suggests having a staff list, name, and title, on future agendas. Commissioner Jerry Johnson would like us to refer Zoom callers by name, instead of the last four digits of a phone number and suggests asking callers their name. Commissioner McKinney requests to have staff email on reports. 12. ADJOURNMENT – Chairman Gilbert adjourned the meeting at 7:27 P.M. Submitted by: Eugenie Guadron, Planning Commission Secretary

9A. Presentation slides

Braids & Locks by Edwije Home Occupation Conditional Use Permit (CUP) Application Applicant: Edwije Joseph Agenda Item No.9A Planning Commission – January 17, 2024 1

Project Proposal  CUP for operation of home-based braiding business with customer contact  CUP filed July, 2023 Lincoln Municipal Code (LMC) Chapter 18.56  Proposed site – 1246 Barrington Lane, Lincoln, APN: 328-190-002  Specializes in natural African hair and synthetic fiber extensions  Braids & Locks operates from designated kitchen corner on 1 st floor  Small business, owner operated, service by appointment only  Open Thursday – Friday between 9:00 am and 5:00pm  Public comments received and incorporated 2

Project Location  Kitchen corner on 1 st floor 3 Project te

Conditions of Approval  No new improvements to primary use  No signage  Maintain hours of operation btwn 9:00am to 5:00pm (Thursday – Friday)  Customer parking – drive way, or street in front of house  Braids & Locks - secure business license before operations 4

Consistency Analysis Project Consistent with:  City of Lincoln General Plan (GP)  Lincoln Crossing SPD and GDP  Title 18 LMC (Chapter 18.62 – Home Occupations)  Exempt from CEQA review - CEQA Section 15301(Class 1 - Existing Facilities) 5

Recommendations Staff recommends Planning Commission to:  Find the project exempt from environ. analysis based on CEQA Section 15301(Class 1 – Existing Facilities)  Adopt Resolution 2024-01 approving Braids & Locks subject to specific conditions of approval End 6

9B. Presentation slides

Tattoo Parlors Amendment to Chapter 18.22 (Commercial District) of the Title 18 (Zoning) of the Lincoln Municipal Code regarding tattoo parlors Item 9B January 17, 2024

Background • Tattoo parlors are conditionally allowed via an approved Conditional Use Permit (CUP) in Commercial zones – Ordinance 776B • Must first meet 400-foot separation distance from existing residential uses, churches, and schools • Subsection 18.22.030(24) – Tattoo parlors and/or body establishments (subject to a minimum separation of 400 feet from all residential uses, churches, and schools) Planning Commission – January 17, 2024 2

Background (continued) Planning Commission – January 17, 2024 3

Proposed Amendment • Allow tattoo parlors as a permitted use and remove the 400-foot minimum separation requirement • Subsection 18.22.020 Uses permitted within a building. (27) Tattoo parlors and/or body piercing establishments. Planning Commission – January 17, 2024 4

Findings • Ordinance 776B - October 2004 • Addition of tattoo parlors as a conditional use in Commercial districts with 400-foot distance requirement • Distance requirement requested by Chief of Police • No rationale or supporting documentation has been found to justify requirement • Stigma surrounding tattoos • Previously taboo • Since Ordinance 776B was passed, tattoos are more commonplace • In 2023, 32% of American adults have at least one tattoo – a 10% increase since 2010 (Pew Research Center) Planning Commission – January 17, 2024 5

Findings (continued) • Lincoln Police Department expressed no concerns with allowing tattoo parlors as a permitted use and removing the minimum separation requirement • City tattoo parlor regulations are much more restrictive compared to other land uses allowed by CUP (e.g., alcohol and tobacco sales) • Alcohol – intoxicant; tobacco – multiple health risks • These uses aren’t subjected to a 400-foot separation requirement • State and County operation regulations and requirements in place Planning Commission – January 17, 2024 6

Findings (continued) • Staff surveyed local jurisdictions’ tattoo parlor regulations • Vary on permitting requirements, allowed districts/zones, and classification • No jurisdictions have a minimum distance requirement from particular groups • Only the City of Loomis does not allow parlors in a location that abuts a residential district Planning Commission – January 17, 2024 7

Findings (continued) Planning Commission – January 17, 2024 8

Lincoln Downtown Urban Plan (LDUP) • District 1 and 2 – Commercial districts • Create vibrant, active Downtown envisioned in LDUP Planning Commission – January 17, 2024 9

City of Lincoln General Plan • Proposed amendment consistent with General Plan • Removal of development barrier • Attract new businesses and diversify City’s business portfolio (Economic Development Policies ED -2.3, 3.1, 4.2, 4.3, 6.1) Planning Commission – January 17, 2024 10

Chapter 18.92 ‐ Amendments • Planning Commission is responsible for proposing amendments to the Zoning Code or Map • Amend subsection 18.22.020 – Uses permitted within a building to allow tattoo parlors and remove the 400-foot distance separation requirement • (27) Tattoo parlors and/or body piercing establishments. • Amend subsection 18.22.030 – Conditional uses to remove tattoo parlors Planning Commission – January 17, 2024 11

Recommendation • Staff recommends that the Planning Commission: 1. Determine that the amendment to Title 18 (Zoning) of the Lincoln Municipal Code regarding tattoo parlors is not a project under Section 15378 (Project) of CEQA Guidelines; and, 2. Adopt a Resolution recommending City Council adopt an Ordinance adding “Tattoo parlors and/or body piercing establishments” to the list of permitted uses within the Commercial District (C) (Chapter 18.22) and remove the 400- foot separation distance requirement. Planning Commission – January 17, 2024 12

10A. Presentation slides

City Initiated Projects – Update • Downtown Lincoln Green Zone (Specific Plan) • RFP Deadline February 16, 2024 • General Plan & Housing Element Annual Progress Report (APR) • Tentative PC on February 21, 2024 • Accessory Dwelling Unit (ADU) Ordinance • Tentative PC on March 20th or April 17th • Other Lincoln Municipal Code (LMC) Updates • Tattoo Parlors – PC on January 17, 2024 • General Plan & Specific Plans • Housing Element 2021-2029 • Possible Policy Updates or Element Updates Planning Commission - January 17, 2024 1

Downtown Lincoln Green Zone Project Overview: City is seeking proposals from planning and environmental consulting firms to assist in the development and implementation of the Downtown Lincoln Specific Plan (Green Zone). The goal of this project is to adopt a Specific Plan with objective urban design standards (form-based code) to facilitate mixed-use infill housing and expand affordable housing options in Downtown Lincoln. • Release RFP……………………………………………………..Jan. 12th • Questions Due………………………………………………....Feb. 9th • Deadline to Submit Proposals at 2 pm……………....Feb. 16th • Final selection of consultant……………………………..Feb. 28th • Negotiate and Finalize Contract for Services……...Mar. 13th • City Council to Authorize Contract…………………….Mar. 26th • https://pbsystem.planetbids.com/portal/48920/bo/bo-search Project Deadline June 30, 2026 Planning Commission – January 17, 2024 2

Downtown Lincoln Green Zone Planning Commission – January 17, 2024

City Initiated Projects – APR • Downtown Lincoln Green Zone (Specific Plan) • General Plan & Housing Element Annual Progress Report (APR) • General Plan Implementation that occurred in 2023. • Status of Implementation Measures across all Elements • Housing Element APR – Status of HE Implementation Measures, RHNA progress, # of issued permits that produce housing, and Certificate of Occupancies for 2023. • Tentative PC on February 21, 2024 • Tentative City Council on March 12th or 26th • Due to HCD and OPR by April 1st (CA Gov Code 65400) • Accessory Dwelling Unit (ADU) Ordinance • Other Lincoln Municipal Code (LMC) Updates • General Plan & Specific Plans Planning Commission - January 17, 2024 4

City Initiated Projects – ADU • Downtown Lincoln Green Zone (Specific Plan) • General Plan & Housing Element Annual Progress Report (APR) • Accessory Dwelling Unit (ADU) Ordinance • Lincoln Municipal Code (LMC) amendment to bring Secondary Dwelling Unit (Chapter 18.37) into compliance with ADU State Law. (CA Gov Code 62852) • Draft Ordinance needs to be submitted to HCD for 60-day review • Tentative PC on March 20 th or April 17 th , while HCD reviews the Draft Ordinance. • Other Lincoln Municipal Code (LMC) Updates • General Plan & Specific Plans Planning Commission - January 17, 2024 5

City Initiated Projects – Other LMC Updates • Downtown Lincoln Green Zone (Specific Plan) • General Plan & Housing Element Annual Progress Report (APR) • Accessory Dwelling Unit (ADU) Ordinance • Other Lincoln Municipal Code (LMC) Updates Tentative List: • Tattoo Parlors • Auto Uses in Downtown • SB 35 & Affordable Housing • Affordable Housing – Density Bonus • Design Standards • Dual Hearing Requirements • Alcohol Uses – PCN Review • Development Standards for Drive-Thru • Parking Minimums • Subdivision Ordinance (Title 17) Public Hearing Constraints and Tentative Map Process • General Plan & Specific Plans Planning Commission - January 17, 2024 6

City Initiated Projects – General Plan & Specific Plans • Downtown Lincoln Green Zone (Specific Plan) • General Plan & Housing Element Annual Progress Report (APR) • Accessory Dwelling Unit (ADU) Ordinance • Other Lincoln Municipal Code (LMC) Updates • General Plan & Specific Plans • Planning is primary responsible for the Land Use Element and Housing Element. • Planning acts as the secondary reviewer for 5 other Elements: • Economic Development, Transportation & Circulation, Public Facilities & Services, Open Space & Conservation, and Health & Safety Element • 103 Implementation Measures – Across all 7 Elements • 12% Completed • 67% On-going • 21% Incomplete • Housing Element Update 2021-2029 Planning Commission - January 17, 2024 7

PLANNING COMMISSION REGULAR MEETING January 17, 2024 CITY OF LINCOLN PLANNING COMMISSION REGULAR MEETING January 17, 2024 Whitney Eklund Peter Gilbert, Chairman Michele Hutchinson, Vice Chair Eric Johnson Jerry Johnson Kelye McKinney John Reedy PLANNING COMMISSION 6:00 PM City Hall Council Chambers, 3rd Floor 600 Sixth Street Lincoln, CA 95648 OR VIRTUAL Meeting can be viewed on the City's YouTube Channel (accessed on the City's website) or WAVE Channel 18 and attended virtually via Zoom. Please join the Zoom Webinar from your computer, tablet or smartphone. You may participate in live public comment through this platform. Registration URL copy and paste this link: https://us06web.zoom.us/webinar/register/WN_eGfsDMxMSxSzrLQnp9VuPg You can also dial in using your phone - US: +1 (669) 900-6833 and use *9 to raise your hand to speak. Webinar ID: 926 0297 3017

PLANNING COMMISSION REGULAR MEETING January 17, 2024 Public Comment: If you wish to comment but not live or via the zoom platform, please email your comment to cityclerk@lincolnca.gov by 5pm the day before the meeting. 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. AGENDA MODIFICATIONS 5. PUBLIC COMMENT ON NON-AGENDA ITEMS WITHIN THE SUBJECT MATTER JURISDICTION OF THE COMMISSION 6. INFORMATIONAL ITEMS FROM STAFF 7. DISCLOSURE OF EXPARTE COMMUNICATION 8. CONSENT 8.A. Review and Approve November 15, 2023 meeting minutes 8A. Draft Meeting Minutes 11.15.2023.pdf

PLANNING COMMISSION REGULAR MEETING January 17, 2024 9. PUBLIC HEARINGS 9.A. Braids & Locks by Edwije - A Conditional Use Permit for the operation of a home-based salon which allows customer contact during delivery of service. The home business will be located at 1246 Barrington Lane, Lincoln on Assessor’s Parcel Number 328-190-002. (Property Owner/Applicant: Edwije Joseph). Staff recommends that the Planning Commission conduct a public hearing, consider the information contained in the staff report and testimony of the public, and take the following action: 1. Determine that the project is exempt from the California Environmental Quality Act under Section 15301 Class 1 - Existing Facilities. 2. Adopt Resolution 2024-01 Approving a Conditional Use Permit for a home occupation to allow personal contact with customers at 1246 Barrington Lane, Lincoln. (Boniface Chifamba) 9A. Braids & Locks Staff Report.pdf 9A. Attachment 1 Braids & Locks Application (Signed).pdf 9A. Attachment 2 Braids & Locks PC Resolution 2024-01 and COA.pdf 9A. Attachment 3 Braids & Locks Exhibits B-C.pdf 9.B. Tattoo Parlors - Municipal Code Update - A public hearing to consider allowing tattoo parlors as a permitted use and removing the 400-foot minimum separation requirement from residential uses, churches and schools. (Applicant: City of Lincoln) Staff recommends: 1. Determine that the amendment to Title 18 (Zoning) of the Lincoln Municipal Code regarding tattoo parlor is not a project under Section 15378 (Project) of the California Environmental Quality Act (CEQA) guidelines; and 2. Adopt Resolution 2024-02 recommending City Council adopt an Ordinance adding “Tattoo parlors and/or body piercing establishments” to the list of permitted uses within the Commercial District (C) (Chapter 18.22) and remove the 400-foot separation distance requirement. (Mikaela Noble) 9B. Tattoo Parlors Staff Report.pdf 9B. Attachment 1 PC Resolution No. 2024-02.pdf 9B. Attachment 2 Ordinance 776B 9B. Attachment 3 PC Memorandum on Tattoo Parlors

PLANNING COMMISSION REGULAR MEETING January 17, 2024 9B. Attachment 4 Pew Research Center Article on Tattoo Trends 9B. Attachment 5 Local Jurisdictions' Regulations on Tattoo Parlors 10. GENERAL BUSINESS 10.A. The Year Ahead: overview and discussion of long-range projects and priorities 11. COMMISSIONER COMMENTS 12. ADJOURNMENT CITIZENS ADDRESSING THE COMMISSION Citizens may address the Planning Commission on any item on the agenda when the item is considered. Citizens wishing to speak may request recognition from the presiding officer by raising his or her hand and stepping to the podium when requested to do so. An opportunity will be provided for citizens wishing to speak on non-agenda items to similarly request recognition and address the Planning Commission. Three-minute time limits may be placed on citizen comments. ACCOMODATING THOSE INDIVIDUALS WITH SPECIAL NEEDS In compliance with the Americans with Disabilities Act, the City will provide special assistance for disabled members of the public. The meeting room is wheelchair accessible and disabled parking is available. If you have a disability and need a disability-related modification or accommodation to participate in the meeting, please contact the City Clerk’s Office at (916) 434.2490. As a courtesy, please make every effort to inform the Clerk of your needs at least 24 hours prior to the meeting so the City may make reasonable arrangements to ensure accessibility to this meeting. APPEALS AND COURT CHALLENGES If you wish to appeal a decision of the Planning Commission, you must have participated in the Planning Commission review of the item by submitting written testimony or oral testimony at the public hearing. The appeal is limited to those issues raised at the Planning Commission meeting. Pursuant to applicable laws and regulations, including without limitation, California Government Code Section 65009 and/or California Public Resources Code Section 21177, if you wish to challenge in court any of the above decisions (including any action regarding planning, zoning and/or environmental decisions), you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the City at, or prior to, the public hearing.

PLANNING COMMISSION REGULAR MEETING January 17, 2024 WRITTEN MATERIAL INTRODUCED INTO THE RECORD Any citizen wishing to introduce written material into the record at the hearing on any item is requested to provide a copy of the written material to the Planning Department prior to the hearing date, so that the material may be distributed to the Planning Commission prior to the hearing. APPEAL PERIOD There is a 10-day appeal period for most Planning Commission decisions. However, Planning Commission approval of a tentative parcel map has a 15-day appeal period. Appeals can be made by any interested party upon payment of the appropriate fee and submittal of the appeal request to the Lincoln City Clerk or the Planning Department, 600 Sixth Street, Lincoln.

PLANNING COMMISSION REGULAR MEETING January 17, 2024 NOTE: Materials related to an item on this Agenda submitted to the Council/Redevelopment Successor Agency after distribution of the agenda packet are available for public inspection in the City Clerk’s office at 600 Sixth Street, Lincoln, CA during normal business hours. Such documents are also available on the City of Lincoln’s website at http://www.lincolnca.gov/ subject to staff’s availability to post the documents before the meeting. In compliance with the American with Disabilities Act, the City will provide special assistance for disabled members of the public. The meeting room is wheelchair accessible and disabled parking is available. If you have a disability and need a disability-related modification or accommodation to participate in the meeting, please contact the City Clerk’s Office at (916) 434-2490. As a courtesy, please make every effort to inform the Clerk of your needs at least 24 hours prior to the meeting so the City may make reasonable arrangements to ensure accessibility to this meeting. Pursuant to applicable laws and regulations, including without limitation, California Government Code Section 65009 and/or California Public Resources Code Section 21177, if you wish to challenge in court any of the above decisions (including any action regarding planning, zoning and/or environmental decisions), you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the City at, or prior to, the public hearing.