Planning Commission - Regular Meeting

Welcome, everyone. Welcome.

This is what we got, huh?

We normally have quite a few more staff, so we're sure we're waiting. Without further ado, then, it being 7 o'clock and it being September 10th, I would like to call the Patterson Planning Commission regular meeting of September 10th, 2026, to order. And I would like to ask you to rise with me for the Pledge of Allegiance.

agents do the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Thank you. Sorry, guys.

OK. Small crowd, but always important to have everyone that's interested. So welcome and thank you for attending. Who's calling the roll? Are you calling roll? If I can do it. Somebody that's calling, I'll call roll.

If I had a pen, I'd call roll.

Go ahead. Call or roll for us so we know who's here.

Call those not here. Commissioner Applin. Here.

Commissioner Bendix.

Here.

And Chairman West.

Here. Thank you, sir.

Commissioner Sadu. Here.

Okay, so that the record show we do have for commissioners president we have a quorum we can conduct business. This time we will take any items from the public. These would be any items that are not on tonight's agenda so if you anyone has anything come to the microphone anything on the agenda please bring it to us give us your name the record and welcome thank you for coming.

Nice and loud. The microphone's not on.

What?

You were some sound.

Hello?

There you go. Stay nice and close to it. Thank you.

Thank you for having me. Janice James, Patterson resident. The one big thing that is really in the news today and has been for a little bit is the Del Porto Health Center and facilities and housing and everything that is planning on going in right very close by on Las Palmas. So my biggest concern, and we all know that we need a hospital. We all know that we need health care facilities. We all know how long it takes to get to either Modesto or Turlock, especially from I-5, which is the main corridor through here. They have to be airlifted and transferred, and it's craziness. But then, so we need it for sure. However, that being said, I don't know who came up with this location of this facility. I don't know if anybody has been down in that area during school hours. Any kind of functions, downtown, Apricot Festival, anything. Anything. Traffic time, getting out of work time. That is a huge bottleneck, a huge chaotic traffic area. Drop off, pick up. There's four schools. right there. And I just don't understand that the traffic impact that it could have on that area that already is impacted, crazy impact already. Nothing is there. It's a field right now. It's a 24-hour emergency care services. If anyone's been to an emergency room area in Modesto, Turlock, It's crazy all the time, all hours, all the time. So to put a facility like that in that spot is just so unreasonable. I go to Del Porto Health Care on Keystone Parkway right there, where they are currently located, the small office. And there's a huge, giant field right across the street, right next to Kohl's. I mean, it's huge. I just don't understand. And right next to the 5 corridor. So why would they possibly want to put a facility including housing, including EMS services. I mean, the two-story giant hospital building right smack in the middle of town where it's already so congested, when they have ample room, even closer to I-5 corridor. That would be a lot better access for emergency going in and out and traffic consumption. So I just am very confused on who's approving this plan on the location. And is there been a traffic impact study on the area for a facility of this nature? I've always envisioned that area being senior housing. Senior housing, assisted living housing, those things we definitely need. That is a prime area for that kind of services. Walmart, Walgreens, everything for senior citizens and walking and everything is perfect for that area, not for a hospital that has a 24-hour emergency. It just blows my mind. So that's my concern, consideration for you guys to look at that impact and tell them to go over there at Keystone Parkway. There's so much room. Thank you.

Okay. Thank you. Okay. Thank you. Thank you for your time. We don't have that project before us, so we have nothing to respond to. So we really can't Any of your concerns because we're we don't have that project before us We can we can take your concerns for the record, but we can't do anything about that project right now.

There's nothing we Correct with that that is through the Planning Commission correct and

Absolutely, and when stuff comes before us, we deal with it, but they come to us. We don't go to it, so nor do we select sites. The hospital district is responsible for where they're putting all these things. They will come to us and go to the council when they have specific projects, and when they do, you need to be here when we have our turn to look at that, but at the moment, we don't have anything before us. I'm not even sure exactly which parcel is your you're addressing and we can't help that anyway but I just want to let you know that we can't just so that you know we're not ignoring your concerns we're taking your your comments but there's nothing we can respond to except staff did you hear the concerns so there's really nothing else we can do so thank you though thank you and I would just add in your first name is Janice correct and thank you for being here to share your concerns and to share your ideas and just to let you know yeah there's not a lot we can say tonight it's not an agendized item

I can do is point you to a couple places one is be sure to track and follow the information that the health care district has on their website that shows sort of the steps they've been taken along the way kind of where they're out of the process what their next their own organizational hearings opportunities will be they have their board meetings periodically and during their passport meetings and during other public workshops including a neighborhood outreach meetings that the district has conducted they've been getting the word out and they'll be ongoing additional public meetings where the project is their project is discussed in greater detail and then ultimately it will come to the planning commission and ultimately then go to the city council And then just to address one of the things that you'd mentioned about traffic, the project has been proposed by the health care district on a site that's been historically zoned a general commercial, which is where a shopping center has been contemplated in the past, as well as another portion of the property is designated as downtown core, which is a mix of residential and commercial uses. And so that's been the zoning historically. And so as a part of their project, we just started processing an environmental impact report, which is the most intensive type of environmental review that can be conducted for a project. And with that, there'll be multiple different special studies, including a traffic analysis. And that traffic analysis will evaluate the project for its potential impacts on the surrounding regional area and it will then say here's a list of different areas road segments intersections corridors that are impacted either somewhat or a lot it'll quantify them and then it will then provide recommended mitigation measures which could be employed in order to offset those impacts and Ideally, all of the impacts could be offset, would be offset. We won't know until the traffic analysis is produced, and then our peer traffic report, our peer reviewers of that traffic analysis will also assess it, chew it up, and collaborate, deliberate, debate what the necessary mitigation measures may be. throughout the entire document, and especially on the traffic. So that will all be playing out. It's a very public process. There will be a lot more information coming forward, especially as the documents begin to hit. But I do know that right now, there's a lot of, at least the concept information for the development is available on their website. And you're more than welcome to reach out to me as well with direct questions. I'm happy to answer those for you. But between myself, our department, as well as the healthcare district, We're more than happy to answer questions and provide information so that folks like you are in the know, are informed, and have the best awareness possible for not only what they're proposing, but what your opportunities to participate in the process will be along the way. so it's a lot but but that's so that's all I want to help that's all on the website yeah yeah yeah they already have an artistic rendering of the area and they have a full-on master plan yeah exactly submitted so that's why I was I was showing concern yeah actually you've seen it yet you've been to the website oh yeah every you have a rendering they're your source of information because we're we get it same time public doesn't a lot of cases so thank you for your comments Okay, anybody else you need to I'm happy to take your okay.

Yeah, go ahead jack, but they're your best source of information Anybody else public comments how about from the commission?

We get those at the end oh unless you got it about this issue my concern is about this emergency They're talking about an hour and a half for ambulance dispatch from Patterson Ambulance.

And we'll have a lot of opportunity to discuss that when it's agendized.

Yeah, well, the issue is they're planning about having emergency mitigation in the front. If it's not a full emergency department, then it's a waste of time, a waste of money, too.

Okay. Well, unfortunately, that's not before us.

But it sounds like it's going to come before us.

Yeah, correct.

Okay, I just saw it the same way everybody else did, some sort of brand new thing. I said, okay, the day will come when we will deal with that, it sounds like.

Several months from now.

Okay, all right. I'll be there. We'll all be there. Yeah, we all better. Okay, we have any correspondence still? No correspondence. We do have some minutes, gentlemen, of June 25th. Did you get them? Yep. Did you agree with what they said, or did you have anything you want to change?

Move approval.

Motion to approve. Is there a second?

Second.

Motion and a second. Who's calling roll here tonight?

Same person who did the attendance. Yeah, so, okay, so we have a motion, we have a second.

Yeah.

Yes. And who made the motion? Bendix. Bendix, great. Okay, and who made the second?

I did. Great.

Okay, so. Bendix, Appland. So, okay, so Commissioner Appland? Aye. Commissioner Bendix? Aye. Commissioner Sadu? Aye. Chairman West?

Aye. Okay. Minutes are approved as printed. Okay. We have one item on the agenda. That's correct.

Get it open.

Okay. And it is a resolution recommending an action to the City Council. So we are an intermediate group tonight, gentlemen. We didn't negotiate this contract or whatever it is. We are simply going to hear the staff's report and deciding if we're recommending to sort of send it off to council for that approval. So we're sort of in the middle and it's all new to us in a sense, although a couple of years ago, we did deal with this issue. Correct. So staff, who's got a report?

Yes, thank you.

Do I need to get the public hearing open here? Not yet. Not yet, I'll wait. Okay, let me get the report.

Okay, so thank you chairman the item before you this time is a proposed development agreement. That the city has been negotiating revisiting for the past few months and the ultimately as part of the planning Commission's action there is a planning Commission resolution at the end of the staff report resolution number 2026-05, which provides for a recommended action on the development agreement, which is exhibit, I believe, A of the resolution. It is also attached, and that's the portion that would continue on to the city council. And I believe we have our city attorney's office here to provide some background, context, and a brief overview of the development agreement. And so, Tom, are you there available?

Yes. Can you hear me? Yes. Okay, good. It doesn't look like I could turn my video on, but that's all right. So, good evening, Commission. Oh, here we go. My name is Thomas Remlinger. I'm an attorney with the City Attorney's Office tonight. So, what we have before you has... our director said is a, um, recommendation to the city council for this development agreement for the Catalyst cannabis dispensary. This agreement is part of a proposed settlement of the lawsuit between the city and the dispensary's operators. So just to give you some background and timelines here, back in 2017, late 2017, the city entitled this dispensary with a development agreement and a conditional use permit. So while it was operating between 2018 and 2022, it fell behind on its public benefit fees under the development agreement. When the city moved to go shut down operations, The CVSA sued the city to to enjoin that and the result in the resulting litigation ensued. To settle that, the city and CVSA have decided on this settlement agreement, the terms of which will be a payment of $80,000 from CVSA to the city to resolve the outstanding public benefit fee. CVSA will pay the cannabis business tax, which is 7% from the date of The injunction to the effective date of this agreement, the operators agreed not to challenge the city's tasks and then the execution of this day tonight. So those are the terms of the settlement agreement. Those are not before you tonight. They've already been decided by. Or agreed to by the city council, but what is before you is this amended and restated development agreement. So, what that does is it basically ensures that the operation remains substantially the same. It's going to be still a retail. Uh, cannabis dispensary, the only significant change is that they're moving from a public benefit fee. Uh, to the cannabis business tax, which is 7% of gross receipts. And so it's, it's basically just that financial change, uh, um, instigated by the settlement agreement and everything else is. Is going to be substantially the same so happy to answer any questions about that for you. But that's sort of where we're at here. And this will be a recommendation to the city council where they will approve the DA and the settlement agreement concurrently.

Okay. Thank you, Tom. Questions for our attorney guys? Anybody?

If, in fact, they previously did not pay their fees, why should we continue or plan to do business with them in the future? I'm sorry.

So these fees were set at a time.

Go ahead, Tom.

They were set at a time, you know, it was a, the brand new industry. And so they were set at a minimum of $25,000 a month, which exceeded what the business could handle. And so in an effort to sort of bring those fees down to something that's more reasonable, the cities passed the cannabis business tax, which then... is a percentage of their gross receipts of operation. So their fees or their taxes now are going to be reflecting of their business operations instead of a fixed fee that was under the public benefit fee. We're seeing that a lot in jurisdictions just because the cannabis market is weaker than it was what was forecasted.

I think everybody had stars in their eyes there when that first happened. Everything was going to be billions of dollars for the cities and everybody was going to be wealthy. Okay, so basically, Tom, the conditions have been agreed to by all the parties. It's not our place here to discuss or debate any of those, I assume, unless anybody has a thought. We really have nothing to add except, does this seem like, from a land use perspective, there seems to be no change. So, gentlemen, is there anything we... we need to know about from our staff before I open the public hearing here. Anything from our attorney or staff, anybody?

No, not right now.

Okay, then let's open the public hearing. Who would like to address this? Anybody? Anybody Zooming? You're also welcome.

Just as a reminder, if you're joining us online and you'd like to speak, you can do so by using the raised hand function.

Okay.

At this time, we have nobody asking to speak.

Do we have our applicant? Applicant? No applicant?

I don't believe they're here tonight. Okay.

Come. Okay, we'll take any comments that anybody wants. Normally, if applicants aren't here, welcome. It's public. The mic's open. Open mic. I'd love to hear from the applicant, but we'll hear from anybody who has a thought on this. I was not planning on saying anything.

Thank you.

Welcome back.

Since it's brought up and you're considering whether or not to redo their permit and stuff, personally, and I don't do any of that stuff. But it's a business, and it's already here. And especially in our downtown area, I mean, we've been trying to get businesses here. And to even consider kicking one out that's already been established doesn't make any sense to me. I mean, we're promoting businesses to come in. And for questioning whether or not that it should continue, I would be totally in favor of continuing any business that's already here, regardless if it's a difference between the tax, set tax, or whatever, because that's already been established. So personally, don't kick out any businesses that's already here. We want more businesses in.

There we go. Thank you for your comments. Thank you for your comments. Anybody else?

Chairman, we have Karen online asking to speak. Karen, you can go ahead and unmute yourself.

Good. Thank you. Welcome. Anybody? Hello, Karen. Karen, are you there?

I found the right button. Good evening, Commission. This is Karen Free, CEO of the Del Porto Health Care District. Hi, thanks. It's not exactly related to the land use project, but I am interested in what was a public benefit fee now becoming a business tax. How does that change the destination of the funds that are collected from this?

That sounds like a great question. Yep.

Tom, you there? Karen, we may have to get Tom to respond. There we go.

Sorry, it looks like I can't mute and unmute myself. But so they're both going into the general fund. The public benefit fee wasn't going into the general fund. This tax is a general tax. We'll also be going to the general fund.

Yeah, I've got to say that's a bit disappointing because of the impacts that some of these businesses have, the nature of their business and the impact that it has on our first responders, including fire and ambulance, that it increases some of the responses that are necessary to it. So I just wanted to raise that point and thank you for the opportunity.

Great. Thank you, Karen. Thank you for zooming in. Who else? Anybody else? If not, we will close the public hearing. And we'll bring it back to the commission. Commissioners, you got any other thoughts? Anybody?

To open up the discussion, I move approval of the resolution 2026-05.

Recommending to the city council.

Right.

Okay. There's a motion on the floor.

Second, gentlemen? Second.

All right, we got a motion and a second.

Applin, second.

All right, let's call the roll.

Okay, Commissioner Applin. Aye. Commissioner Bendix. Aye. Commissioner Sadu. Aye. Chairman West.

Aye. Okay, so ordered. All right, we have done our duty, and thank you all for participating.

All we get out of this is some great input from the public, and we appreciate it.

Okay, any thoughts from our staff? What else you got, staff, to bring us up to date? When are we going to see some subdivisions?

There's a lot stacking up, and we've been negotiating development agreements for at least four different subdivisions, and there's been a lot of progress made, and we're waiting on a couple of Key provisions, key actions to materialize in order to be able to have those development agreements begin coming to the Planning Commission. And so one of them is where there's a – I don't think it's prudent to say too much on a non-agendized item. There's a parcel of property. Involving recharge that's essential groundwater recharge that's essential to the long-term water supply plans That ultimately would support the Zacharias Baldwin master plan area that's playing out quite well There's a couple of benchmarks that are about to be hit which will then open the floodgates so to speak for the development agreements to now come to the Planning Commission and with tentative maps.

And so, yeah, there's a... Is that basically saying Keystone?

Keystone's been a part of it to varying degrees. And so, how each DA and subdivision comes about coming forward, it remains to be seen. But generally speaking, there's been a lot of subdivision activity behind the scenes, processing, Negotiating development agreement provisions that will ultimately come before the public and the Commission for deliberation and so Anyway, that's where we're at.

So Yeah, keep keep them moving man.

We're gonna run out of houses And then the prices go up real fast, yeah Items from the commissioners ready for that

Yeah, okay.

Commissioner, I'm officially announcing commissioner comments.

Are you ready for comments?

Yeah, yeah, yeah, I got a big comment going on here. Okay, we'll start here with Ms. Rapplin. Yeah, we're going to go right down the city here. So out there on Baltimore and Zacharias, Why is that road still closed?

The sign said until 9-9. I believe today is 9-10. It's still closed. Why is that?

I'll find out from the city engineer. Generally, things aren't going as quickly as thought. Exactly why? I'll inquire with the city engineer.

Well, what sparks my question on that? Well, number one, I moved the loader last week and I went down that road and it's all painted out. There's no reason why it would be closed. And the other reason is, is I've got friends of mine, my peoples out there that need that road open so they can get the I-5 to get their nuts to Newman. Going 33 and making the loop is costing them a lot of money. know to the tune of a thousand to two thousand dollars a day to have to take that route around it's it's it's a problem and there's i see no reason i'm a contractor i see no reason why that thing's not open right right yeah i know a while back there was an issue with pg e um needing something done but yeah that's well there's no excavations it's paved it's painted There's no reason why it can't be opened.

Yeah, and the sign says it was open 9-9, today being 9-10. I turned in to go there, and the sign still said Detour, so I didn't go that way. I would prefer that it was open so I could do my exit off at 33 at high speed rather than this stupid bend. Weird bend, yeah.

All right. I'll be happy to ask the city engineer tomorrow what the latest is, if there's a new estimated opening date. So I'll reach back out to you and let you know.

Yeah, that was one of my questions, too.

Yeah, I don't doubt it.

You knew it was going to be one of my questions. The other question is evacuation number. I need to know. I mean, they keep on saying these are the areas that need to be evacuated. Shut up. I don't have any idea what my evacuation number is. I'm assuming that has been done by the county. And it's basically county-generated. I have no idea what it is and it doesn't sound like anybody else has any idea what it is. This is the first I've heard of it myself.

I've never even heard of it.

Were you notified by the county? No. Where did you hear about it? When there's a disaster and they're talking about these are the... evacuation zones that need to be either proposed or getting ready to be evacuated or have evacuation notices. I don't know what my evacuation notice is. I'm hoping and praying that Patterson's not going to burn, but I'd like to know what the hell my number is.

I don't understand what its significance is. What would a number help you? Wouldn't they tell you the place is on fire? Well, no, no.

They tell you by actual evacuation numbers.

Who does?

Whatever the county.

Oh, yes. Probably, oh, yes, Operation of Emergency Services.

Probably. So my question is, what's my number? I wrote it down actually to remind me to ask that question. And have you tried contacting OES? No. I didn't figure it was my job. I figured somebody ought to basically let everybody know what their evacuation number is, hopefully never to have the dam breaks up on whatever. There's going to be an evacuation notice.

What dam?

Huh? What dam? The dam that proposed dam. up in the Del Porto Canyon.

That water's going to head north.

I don't care where it's going to go. I'm wondering what disasters we could worry about.

Well, some of these areas that have burned were nowhere near wildlife interface. They have just gone in and burned. So the question is, what is our evacuation notice number?

I can't help you with that.

I'll look into it.

I have no idea. Yeah, I'll look into it. And if there was an evacuation, I wouldn't care about my number. I'd just find that word.

Well, but you know, I want to know whether or not I have to plan for my evacuation or It's a mandated evacuation order.

All right.

Well, if you find out, tell me. I appreciate that. Thank you. I have nothing else.

I didn't know we even had such a thing.

When are they going to finish with the underpass at Spurry? They're doing lots of work, but I'm not saying when it's going to be. And as soon as it's finished, it's going to be flooded because of the creek. I'm sorry. I'll track down.

I'll ask the engineering department what their schedule for completion on that is.

Okay. I can be really a good pain in the ass. They're great questions. Anybody else have any things to be a pain about?

No. Anything on your mind?

Just curious when the McDonald's is going to be scheduled to open, it looks like.

So that's one that I'm aware of because it's a planning one. So that's there planning to open the first or second week of October. Oh, wow. Okay. It's coming up.

But the sign is operating out there, right? Yeah. Yes. So we got the sign going and it's advertising for the... McDonald's. Well, but it's also advertising for our little museum.

Oh.

They're telling people all those 50,000 cars going by that we have a beautiful museum out here. Come see it.

And there's a place for a rolling sign that nothing is on there yet.

Yeah.

Anyway, good. Something's happening out there. All right. What else you got?

Anything else? And who's in charge of the rolling sign I guess it's at Rogers and Sperry. I mean, there's a place for a sign that nothing ever happens on it. Right. It's not complete. The sign is complete. No, no. It's not quite complete.

It's going to have a waterfall on either side of it. And so they've been working on the plumbing. I saw them out there two or three weeks ago working in the basin. Because actually, now that you're hearing this, you'll understand, oh, there's a little gathering pool for the water as it cascades down the glass blocks on either side of the electronic display. The water will cascade and then recirculate from the pool back over And so, but yeah, I saw them working on it two or three weeks ago. And I know they're near, but I will ask engineering about that date as well. Okay.

Do you have any other good questions?

Too much Yahtzee going on around here.

Yahtzee?

Yeah, Yahtzee.

Let's put a sign up. Oh.

All right, what else we got from commissioners here well?

I'd like to know what the hell's happening with the mayor, but that's none of it That's not a land use issue.

I know so I'm gonna pass on that one. What else we got If nothing else I am going to turn the meeting adjourn this meeting