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Planning Commission

Regular Meeting

Placerville, CA · May 3, 2022

AgendaMinutes

Minutes

FINAL REGULAR MEETING MINUTES PLACERVILLE PLANNING COMMISSION TUESDAY, May 3, 2022, 6:00 P.M. TOWN HALL, 549 MAIN STREET, PLACERVILLE, CALIFORNIA CLOSED SESSION: None Scheduled 6:00 P.M. OPEN SESSION 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE TO THE FLAG: Chair Lepper called the meeting to order at 5:59 p.m. and the Pledge of Allegiance to the Flag was recited. 2. ROLL CALL: Members Present: Chair Lepper, Vice Chair Gotberg, List Members Absent: Frenn, Kiehne Staff Present: Development Services Director Rivas, Associate Planner Hunter, I.T. Director Tanger 3. CLOSED SESSION REPORT: None scheduled. 4. ADOPTION OF AGENDA: Motion: In a single motion Commissioner Gotberg, second by Commissioner List, moved to approve the Agenda with Staff recommended changes. Motion carried 3-0. 5. CONSENT CALENDAR: 5.1. Approve the minutes of the Regular Planning Commission Meeting of April 5, 2022 Staff recommended changes to add Item #3 (Closed Session Report) to the meeting minutes and change item 12.1 to correct referenced year from 2020 to 2022. Motion: In a single motion, Commissioner Gotberg, seconded by Commissioner Lepper, moved to approve the Consent Calendar; approving the April 5, 2022 minutes as revised. Motion carried 2-0 vote, Commissioner List abstained. 6. ITEMS PULLED FROM CONSENT CALENDAR (if applicable): None. 7. ITEMS OF INTEREST TO THE PUBLIC – NON-AGENDA ITEMS: No comments were received from the public. 8. WRITTEN COMMUNICATIONS – NON-AGENDA ITEMS: None received. 9. PRESENTATIONS AND EDUCATIONAL WORKSHOP SESSIONS: None. 10. ENVIONMENTAL ASSESSMENTS/PUBLIC HEARINGS: 10.1. 251 Main Street – Conditional Use Permit (CUP) 22-01: Consideration to change in use from an existing restaurant and bar to a place of entertainment (e.g., live music, performing arts, live entertainment, private, corporate and community gatherings). ENVIRONMENTAL DETERMINATION: California Environmental Quality Act Categorical Exemption, Section 15303. LOCATION: 251 Main Street, APN: 001-201-006 & -014, Zone: CBD (Central Business District). Staff: Pierre Rivas Director Rivas presented the staff report dated May 3, 2022 and answered questions of the Commission. Final Planning Commission Regular Meeting Minutes of May 3, 2022 Approved May 17, 2022 Page 1 of 4 Public Speaker: Kirk Smith Motion by Commissioner Gotberg, seconded by Commissioner List, to approve CUP22-01 as recommended in the staff report and modification to Condition of Approval No. 6; and to: I. Adopt the staff report as part of the public record. II. Make the following findings of fact in support of CUP 22-01 request: 1. The request is exempt from the California Environmental Quality Act (CEQA) per CEQA Guideline 15303, which exempts projects involving the conversion of an existing facility from one land use to another when the new use is consistent with the current zoning and General Plan land use designation of the site. 2. The request is consistent and in harmony with the General Plan and all applicable provisions of the Zoning Code, in that it would be located within an area that is accessible by existing streets, the City’s Center Street Parking Lot and the Parking Garage; it would not be located in a sensitive area; it would utilize an existing building that dates back to construction during the mid-1800s, with no interior changes necessary and does not require a change of occupancy under the building code to operate the requested use. 3. The request is desirable for the development of the community, in that it would provide a flexible space in the downtown allowing assemblies of people for a potential variety of small gatherings (99 or less occupants) as described in the Applicant Submittal Package. These gatherings would bring people to downtown Placerville, with the potential for spill-over economic benefit to other businesses and business service uses within downtown and greater Placerville, therefore the use would not be detrimental to the general welfare of persons residing in the immediate vicinity, the neighborhood or the community at large. III. Approve Conditional Use Permit CUP22-01 located at 251 Main Street, APN 001-201-06- 014, based on the project information and findings included in the Staff Report, and subject to the following Conditions of Approval: 1. Approve CUP 22-01, involving the operation of a place of entertainment assembly occupancy, within the building located at 251 Main Street, APN 001-201-006 & -014, and within the Central Business District Zone (CBD). Approval is based upon the analysis provided in staff’s May 3, 2022 report to the Planning Commission, and limited to compliance with the project description, the Applicant Submittal Package set forth below, except were deviated under a separate Condition of Approval, and all other conditions of approval set forth herein including: (1) Planning and Conditional Use Permit Application, including narrative, received April 14, 2022; and (2) The existing floor plan, received April 14, 2022 with the application. 2. CUP 22-01 shall become effective eleven (11) days after the Commission granted the permit unless an appeal has been filed, in which case CUP22-01 shall not be issued until the granting of the permit is affirmed on appeal. Operation of the entertainment venue may commence immediately since there is no change in occupancy [Assembly (A-2)]. 3. CUP 22-01 shall expire and become null and void eighteen (18) months after the date of Planning Commission approval unless the authorized use is carried on. It is the responsibility of the applicant to monitor the time limit and make diligent Final Planning Commission Regular Meeting Minutes of May 3, 2022 Approved May 17, 2022 Page 2 of 4 progress toward implementation of the project and compliance with the Conditions of Approval. 4. CUP 22-01 shall conform to the Conditions herein, all applicable regulations of the Placerville Zoning Ordinance and Placerville Municipal Code. 5. CUP22-01 conditions of approval shall be binding on the applicant and all successors in interest in the event the project site is sold to another party. 6. All Conditions of Approval shall be in addition to those established under Site Plan Review 84-15 and SPR 84-15-R and shall also be incorporated as the Conditions of Approval for CUP 22-01 by reference. 7. Any proposed future change to the use or modification to the application beyond what is authorized under CUP 22-01 shall be submitted to the Development Services Department for a determination of appropriate procedures. 8. During all events, the Property Owner /Applicant shall assign a manager on the premises, if owner is not on premises, who shall ensure compliance with the terms of this Permit, the City Code, and applicable state and federal laws. 10. Maximum occupancy of the facility under CUP 22-01 shall be determined by the Development Services Department, Building Division. City authorized occupancy shall be posted and managed by the proprietor to prevent over-crowding. 11. No outdoor amplification of sound is permitted. Interior sound amplification shall be directed away from the principal entrance or directed toward the interior of the facility. 12. CUP 22-01 shall not constitute a public nuisance as defined under Code Section 1-4-3 and Code Section 7-8-1. 13. CUP 22-01 may be revoked, amended or suspended by the Planning Commission under the provisions of Zoning Code Section 10-3-6(D). 14. There must be no pressure washing of the sidewalk, unless approved by City Engineering. Action: Motion approved 3-0 on roll call vote: Ayes: Gotberg, Lepper, List Nays: None Absent: Frenn, Kiehne 11. CONTINUED ITEMS: None 12. NEW BUSINESS 12.1. Election of Officers for 2022 (Chair and Vice Chair): Per Article 5(b) of the Planning Commission By-Laws, at first regular meeting on or after March 1st, the Commissioners shall elect the officers of Chair and Vice Chair for one-year terms. The Chair and Vice Chair shall take office at the following meeting. Per Article 7(g) of the Commission By-Laws, there must be five members present at the meeting to elect officers otherwise the matter will be continued. Postponed to the next meeting due to lack of five Commissioners in attendance. 13. MATTERS FROM COMMISSIONERS AND STAFF: Final Planning Commission Regular Meeting Minutes of May 3, 2022 Approved May 17, 2022 Page 3 of 4 Director Rivas updated Commissioners on affordable housing developments at Middletown Road and Cold Springs, on Mallard Road on the Ridge at Orchard Hill property, and at the Placerville Armory site. Director Rivas informed Commissioners of an upcoming preliminary plan review for a 130 room double brand hotel off of Forni Road next to the OfficeMax. Director Rivas informed Commissioners of a property owner interested in utilizing SB 9 for a ministerial parcel split. 14. ADJOURNMENT Chair Lepper adjourned the meeting at 6:20 p.m. _________________________________ Pierre Rivas, Director Development Services Department Final Planning Commission Regular Meeting Minutes of May 3, 2022 Approved May 17, 2022 Page 4 of 4

Agenda

PLACERVILLE PLANNING COMMISSION REGULAR MEETING Tuesday, May 3, 2022, 6:00 p.m. Town Hall – 549 Main Street PLANNING COMMISSION MEMBERS Michael Frenn Nicole Gotberg, Vice Chair Kris Kiehne Amy Lepper, Chair John List CERTIFICATION OF AGENDA POSTING I declare that the foregoing Agenda for the May 3, 2022, Regular Meeting of the Placerville Planning Commission was posted and available for review on April 28, 2022 at the City Hall of the City of Placerville, 3101 Center Street, Placerville, CA 95667. The Agenda is also available on the City website at: www.cityofplacerville.org Pierre Rivas, Development Services Department Director Information and Procedures Concerning Planning Commission Meetings Meeting Dates: The Commission meets regularly on the first and third Tuesday of each month at Town Hall in the City Consent Calendar: All matters listed under the Consent Council Chambers; additional meetings may be scheduled as Calendar are considered routine and will be enacted by needed. general consent, unless any Commissioner requests a roll call vote, or unless any member of the Commission or Staff or Meeting Access: The City of Placerville wishes to make all of audience wishes to remove an item for discussion. its public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative Information Available: Materials related to items on this formats to persons with disabilities, as required by 42 U.S.C. Agenda, submitted to the Planning Commission either with or §12132 of the Americans with Disabilities Act of 1990. Any after distribution of the agenda packet, are available for person with a disability who requires a modification or public review without delay in the Development Services accommodation in order to participate in a meeting should Department at City Hall, 3101 Center Street, 2nd floor, during direct such request to the City Clerk (530)642-5531 at least 72 normal business hours. Agendas and Staff Reports are also hours before the meeting, if possible. made available online at the Planning Commission Agenda webpage. Governing Regulations and Rules: The Commission conducts all meetings in accordance with the "Ralph M. Brown Act" Items of Interest to the Public – Non-Agenda Items: This (California Government Code Sections 54950, et seq.), per the portion of the meeting is reserved for persons wishing to City's Committee, Commissions & Board Policy Manual (City address the Commission on any matter not on the Agenda Council Resolution No. 7578), and the Planning Commission and the subject matter is within the jurisdiction of the Planning Bylaws. Commission. State law prohibits the Commission from acting on items not listed on the Agenda except by special action of Use of Cell Phones During Meetings: The Planning the Planning Commission under specified circumstances. The Commission appreciates your cooperation in turning off all Chair will recognize the speaker. The Chair reserves the right cell phones. to limit the speaker’s time to three minutes. Personal attacks Planning Commission Agenda May 3, 2022 Page 1 of 4 nd on individuals or comments that are slanderous or that may Department, City Hall – 2 Floor, 3101 Center Street. The invade an individual’s personal privacy will not be tolerated. Planning Commission may not have sufficient time to fully review written materials presented at the public hearing. Written Communications-Non-Agenda Items: Written Interested parties are encouraged to provide written Communication items are written comments received on materials at least seven (7) days prior to the public hearing to non-agenda items pertaining to business within the allow distribution with the Planning Commission’s agenda jurisdiction of the Planning Commission. These are not items packet to provide adequate time for review by the Planning for discussion but can be referred to staff for consideration. Commission. Please be aware that, while these comments will be provided to the members of the Commission and will Public Hearings: Applicants (or appellants) are allowed time become part of the public record, they will not be read aloud. to present testimony at the beginning of the public hearing, Planning Commission after distribution of the agenda packet and if needed, an opportunity to present rebuttal at the end is available for public inspection in the Development Services of the public hearing. All other speakers may be limited in the Department at 3101 Center Street, 2nd Floor, Placerville, CA length of time speaking, at the discretion of the Chair. 95667 during normal business hours. Public Participation Appeal of Planning Commission Decision Public participation in the hearing process is encouraged. Any aggrieved person or persons dissatisfied with a Planning Commission decision may appeal that decision to the City Please step up to the podium microphone then wait to be Council within 10 calendar days. Per Government Code recognized by the Chair before speaking at the podium when Section 65009, if any person(s) challenges the action of the addressing the Commission. Planning Commission, said person(s) may be limited to raising only those issues that were raised at the public hearing Each speaker will be asked to voluntarily state his/her name described in this notice, or in written correspondence before speaking. Address the Planning Commission Chair delivered to the Planning Commission at, or prior to, the with all testimony and questions. Please do not address the public hearing. applicant, members of the public or staff. Appeal Period The Commission and City staff will ensure order and decorum There is a 10 calendar day appeal period for Planning during all Commission meetings. Persons demonstrating Commission decisions. Appeals can be made by any inter- rude, boisterous or profane behavior will be called to order ested party by submittal of a written appeal request and by the Chair. If such conduct continues, the Chair may call a appeal fee to the Placerville City Clerk, 3101 Center Street, recess, requesting the removal of such person(s) from the Placerville, California, 95667. Council Chamber, adjourn the meeting or take other appropriate action. Matters from Commissioners and Staff: This item is for staff to update those in attendance of the status of upcoming Agree or disagree respectfully. Please, no applause, or booing meetings; of recent actions taken by City Council on items or personal attacks. Please take personal discussions out of previously considered by the Commission; of the status or the Town Hall chambers so as not to disturb others or disrupt completion of City and community projects; of community- the public hearing. wide activities and events (e.g. Brewfest, National Night Out, Wagon Train, etc.). For Commission Members this time is for Time Limit updating other Members of sub-committee work (when Presentations should be limited to a maximum of three (3) applicable); of updating other Members of topics and issues minutes, unless otherwise determined by the Chair. learned at land use and planning conferences, workshops, A speaker may not defer his/her time to other speakers. webinars; general comments regarding planning and land use within Placerville, or other items which may be within the Groups or organizations are encouraged to select a purview of the Planning Commission. spokesperson to speak on their behalf. Each subsequent speaker is encouraged to submit new information, rather than repeating comments made by prior speakers. Written Public Comment Instructions to Become Part of the Record If you wish to provide comment you may e-mail your com- ments to pv.planning@gmail.com, or you may submit your comments in-person at the Development Services Planning Commission Agenda May 3, 2022 Page 2 of 4 AGENDA CITY OF PLACERVILLE PLANNING COMMISSION MEETING TUESDAY, May 3, 2022, 6:00 P.M. _____________________________________________________________________________ 6:00 P.M. OPEN SESSION 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE TO THE FLAG 2. ROLL CALL: Frenn, Vice Chair Gotberg, Kiehne, Chair Lepper, List 3. ADOPTION OF AGENDA 4. CONSENT CALENDAR 4.1 Approve the Minutes of the Regular Planning Commission Meeting of April 5, 2022 6. ITEMS PULLED FROM CONSENT CALENDAR (if applicable) 7. ITEMS OF INTEREST TO THE PUBLIC – NON-AGENDA ITEMS (The Planning Commission is not permitted to take action on issues raised under this item.) 8. WRITTEN COMMUNICATIONS - NON-AGENDA ITEMS 9. PRESENTATIONS AND EDUCATIONAL WORKSHOP SESSIONS ● None 10. ENVIRONMENTAL ASSESSMENTS/PUBLIC HEARINGS 10.1 251 Main Street – Conditional Use Permit (CUP) 22-01: Consideration to change in use from an existing restaurant and bar to a place of entertainment (e.g. live music, performing arts, live entertainment, private, corporate and community gatherings). ENVIRONMENTAL DETERMINATION: California Environmental Quality Act Categorical Exemption, Section 15303. LOCATION: 251 Main Street, APN: 001-201-006 & -014, Zone: CBD (Central Business District). Staff: Pierre Rivas Planning Commission Agenda May 3, 2022 Page 3 of 4 11. CONTINUED ITEMS ● None 12. NEW BUSINESS 12.1 Election of Officers for 2020 (Chair and Vice-Chair): Per Article 5 (b) of the Planning Commission By-Laws, at the first regular meeting on or after March 1st, the Commissioners shall elect the officers of Chair and Vice Chair for one-year terms. The Chair and Vice Chair shall take office at the following meeting. Per Article 7(g) of the Commission Bylaws, there must be five members present at the meeting to elect officers otherwise the matter will be continued. 13. MATTERS FROM COMMISSIONERS AND STAFF 14. ADJOURNMENT Planning Commission Agenda May 3, 2022 Page 4 of 4

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