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Planning Commission

Regular Meeting

Placerville, CA · January 17, 2023

AgendaMinutes

Minutes

REGULAR MEETING MINUTES PLACERVILLE PLANNING COMMISSION TUESDAY, January 17, 2023, 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: Vice Chair Frenn called the meeting to order at 6:00 p.m. and the Pledge of Allegiance to the Flag was recited. 2. ROLL CALL: Members Present: Vice Chair Frenn, Kiehne, Lepper, List Members Absent: None (Note: one seat is vacant.) Staff Present: Development Services Director Rivas, Associate Planner Hunter, Senior Management Analysist McCargar, Fire Chief Cordero-El Dorado County Fire Protection District 3. CLOSED SESSION REPORT: None scheduled. 4. ADOPTION OF AGENDA: Motion: In a single motion Commissioner List, second by Commissioner Kiehne, moved to approve the Agenda. Motion carried 4-0. 5. CONSENT CALENDAR: 5.1. Approve the minutes of the Regular Planning Commission Meeting of December 6, 2022 Motion: In a single motion, Commissioner List, seconded by Commissioner Kiehne, moved to approve the Consent Calendar; approving the December 6, 2022 minutes as presented. Motion carried 3-0-1 vote, Commissioner Lepper abstained. 6. ITEMS PULLED FROM CONSENT CALENDAR (if applicable): None. 7. ITEMS OF INTEREST TO THE PUBLIC – NON-AGENDA ITEMS: Public comment was received by Michael Drobesh. 8. WRITTEN COMMUNICATIONS – NON-AGENDA ITEMS: None received. 9. PRESENTATIONS AND EDUCATIONAL WORKSHOP SESSIONS: Planning Commission Regular Meeting Minutes of January 17, 2023 Approved February 21, 2023 Page 1 of 20 None 10. ENVIONMENTAL ASSESSMENTS/PUBLIC HEARINGS: 10.1. Zone Change (ZC) 20-01: Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) Ordinance Regulation Amendments to Comply with State Regulations. Consideration of a recommendation to the City Council to introduce an ordinance and approve amendments to Title 10 (Zoning Ordinance) of the Placerville City Code to implement new state law requirements related to Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU); amend the City’s Zone Classifications regarding ADUs and JADUs; update the definitions of terms for ADU, JADU and other related housing terms; and determine the ordinance to be exempt from the California Environmental Quality Act. ENVIRONMENTAL DETERMINATION: California Environmental Quality Act Categorical Exemption, Section 15282(h). APPLICANT: City-Initiated (Resolution 8813 / ROI 19-04). STAFF: Kristen Hunter. Associate Planner Hunter presented the staff report dated January 17, 2023. Director Rivas and Associate Planner Hunter answered questions of the Commission. Public comment was received Ryan Carter, Michael Drobesh, and Cynthia Estes. In a single motion, Commissioner Kiehne, seconded by Commissioner Lepper, made a motion to approve Zone Change (ZC 20-01) as recommended in the Staff Report; and to: I. Adopt as part of the public record the January 17, 2023 Staff Report for Zone Change 20- 01; II. Recommend that the City Council: 1. Find that the draft text amendments to Title 10 of the City Code, under Zone Change 20-01, are statutorily exempt from the California Environmental Quality Act under 15282(h) of the CEQA Guidelines and per Public Resources Code Section 21080.17, as the adoption of an ordinance regarding accessory dwelling units in a single-family or multi-family zone by a City to comply with Government Code Section 65852.150 and Section 65852.2 is exempt from environmental review. 2. Find that the City of Placerville is located in an area of extreme fire and other hazards inherent in our community which requires staff to develop and adopt objective review standards to mitigate public safety and health risks in a fair execution of the law. 3. Recommend that the City Council approve ZC 20-01, amending City Code 10-1-4: Definitions, 10-4-4: Parking and Loading; repeal and reenact 10-4-12: Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU), amend 10-5-4: Planning Commission Regular Meeting Minutes of January 17, 2023 Approved February 21, 2023 Page 2 of 20 RE, Estate Residential, 10-5-5: R-1A Single-Family Acre Residential Zone, 10-5-6: R-1, 20,000 Single-Family Residential Zone, 10-5-7: R-1, 10,000 Single-Family Residential Zone, 10-5-8: R-1, 6,000 Single-Family Residential Zone, 10-5-9: R-2, Low Density Multi-Family Residential Zone, 10-5-10: R-3, Medium Density Multi- Family Residential Zone, 10-5-11: R-4, Medium Density Multi-Family Residential Zone, 10-5-12: R-5, Medium Density Multi-Family Residential Zone, 10-5-13: BP, Business-Professional Zone, 10-5-14: CBD, Central Business District Zone, 10-5- 15: C, Commercial Zone, 10-5-16: CC, Convenience Commercial Zone, 10-5-17: HWC, Highway Commercial Zone, 10-5-18: HC, Heavy Commercial Zone, 10-5- 19: I, Industrial Zone, 10-5-20: PF, Public Facilities Zone, and 10-5-24: Housing Opportunity Zone (HO) of Title 10 as described in Attachment A of staff’s January 17, 2023 Staff Report. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLACERVILLE AMENDING TITLE 10 (ZONING) OF THE PLACERVILLE CITY CODE TO IMPLEMENT NEW STATE LAW REQUIREMENTS RELATED TO ACCESSORY DWELLING UNITS (ADU) AND JUNIOR ACCESSORY DWELLING UNITS (JADU); AMEND THE CITY’S ZONE CLASSIFICATIONS REGARDING ADUs AND JADUs; UPDATE THE DEFINITIONS AND TERMS FOR ADU, JADU AND OTHER RELATED HOUSING TERMS (ZONE CHANGE 20-01) THE CITY COUNCIL OF THE CITY OF PLACERVILLE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Environmental Assessment: Under California Public Resources Code section 21080.17, the California Environmental Quality Act (CEQA) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law, which also regulates JADUs, as defined by section 65852.22, and by CEQA Section 15282(h) that exempts adoption of an ordinance regarding second units in single-family and multifamily residential zones. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law. SECTION 2. Amend Placerville City Code Section 10-1-4: Definitions, as follows, inserted in alphabetical order. Proposed language to be added is shown with double underlines; language to be removed is shown with strikethrough. 10-1-4: DEFINITIONS: Certain words and phrases, when used in this Ordinance are defined as follows; unless the context of a particular provision clearly requires a different definition: Accessory Structure: A structure that is accessory, incidental, and subordinate to the established principle legal use and located on the same parcel. Planning Commission Regular Meeting Minutes of January 17, 2023 Approved February 21, 2023 Page 3 of 20 Bungalow Court: A group of three or more detached one or two story, one-family dwellings or two-family dwellings located upon a single lot, together with all open spaces, but not including hotels or motels, or any other commercial uses. Complete Independent Living Facilities: Permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the Single-Unit or Multi-Family Dwelling is or will be situated. Converted / Conversion: The repurposing of all or a portion of an existing structure as an accessory dwelling unit entirely within the existing structure building envelope and in accordance with all requirement residential building and construction standards set forth in the applicable California Building Codes. Duplex: An attached building designed for occupancy by two (2) or more persons or households living independently of each other, where both dwellings are located on a single lot. More than one duplex may be located on a single lot consistent with the density provisions of the general plan. Does not include accessory dwelling units as defined in this Section. Dwelling Unit: A building or portion thereof used exclusively for residential purposes that constitutes an independent living unit that has interconnected sleeping, eating, cooking, and sanitation facilities, but not more than one kitchen; and is occupied or intended for use by one household on a long-term basis of more than 30 days. Dwellings may be structures, manufactured homes, or modular units placed on a foundation. Building or self-contained portion thereof, designed, or used as living quarters for not more than one family; a manufactured home on a permanent foundation system; rental unit, such as in a motel, hotel or rooming house, containing cooking or housekeeping facilities; exclusive of mobile homes. Dwelling Unit, Accessory (ADU): An attached or detached residential dwelling unit which that provides complete independent living facilities for one or more persons,. It shall include a kitchen as defined herein, as well as permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel where the primary residence is Planning Commission Regular Meeting Minutes of January 17, 2023 Approved February 21, 2023 Page 4 of 20 situated. is located on the same parcel with a proposed or existing primary residence, and is not connected to the primary residence. It shall include permanent provisions for sleeping, eating, cooking (and contains a kitchen as defined herein), and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated. An accessory dwelling unit also includes the following: (a) An on-site constructed home with a minimum size meeting the California Building Code requirements; and (b) A manufactured home, as defined by Section 18007 of the California Health and Safety Code. Dwelling Unit, Attached Accessory: An ADU that occupies part of the floor area of the existing residence, including an ADU is attached connected to the existing primary dwelling unit residence by one or more common walls, floor or ceiling. Dwelling Unit, Junior Accessory (JADU): A residential unit that: (a) Is no more than 500 square feet in size; (b) Is contained entirely within an existing or proposed single- family dwelling structure; (c) Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family dwelling structure; and (d) Includes an efficiency kitchen, which includes all of the following: 1. A cooking facility with appliances, such as a microwave, convection oven, or hot plate; and 2. A food preparation counter, sink, and storage cabinets. Dwelling Unit, Primary: The main dwelling unit on a parcel of land consisting of a room or suite of rooms with a single kitchen, other than a hotel unit with a kitchen, designed or used for residential use and occupancy. Guest House Detached building designed or used as sleeping quarters without cooking or housekeeping facilities, accessory to a one-family dwelling and exclusive of a mobile home. Planning Commission Regular Meeting Minutes of January 17, 2023 Approved February 21, 2023 Page 5 of 20 Guest Quarters: A structure of a permanent type of construction containing only sleeping, living and bathroom provisions, located on the same premises with the single-family primary dwelling unit or attached to the main portion of the single-family primary dwelling unit for the sole use of persons residing on the premises, members of the family living in the primary dwelling unit, or for temporary use by guests of the family living on the premises. Such quarters shall have no kitchen and shall not be rented or leased or otherwise used as a separate dwelling unit. Habitable Space: As defined by the most current adopted Building Code. Generally a space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces. Manufactured Home: A single-family dwelling that is either wholly or partially constructed or assembled off the site in compliance with the California Health and Safety Code definition for manufactured home, and certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.). Nonconforming Zoning Condition: A physical improvement on a property that does not conform with current zoning standards. Passageway: A pathway that is unobstructed, clear to the sky, and extends from a street to one entrance of the ADU or JADU. Public Transit: A location, including, but not limited to, a bus stop or train station, where the public may access buses and trains, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. SECTION 3. Amend Subsection (E) as follows Placerville City Code 10-4-4: Parking and Loading, to read as follows (proposed language to be added is shown with double underlines: (E) The following minimum number of parking stalls shall be required to serve the uses or buildings listed: 25. Accessory Dwelling Unit (ADU) or Junior Accessory Dwelling Unit (JADU): one (1) stall per unit. SECTION 4. Repeal and reenact Section 12 Accessory Dwelling Units (ADU) of Chapter 4 (General Regulations) of Title 10 (Zoning) of Placerville City Code as follows: Planning Commission Regular Meeting Minutes of January 17, 2023 Approved February 21, 2023 Page 6 of 20 10-4-12: ACCESSORY DWELLING UNITS (ADU) AND JUNIOR ACCESSORY DWELLING UNITS (JADU): (A) Purpose: This section establishes standards for accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in conformance with the city code and all applicable state laws. (B) Accessory Dwelling Units: 1. Applicability: ADUs are permitted in any Zoning District that permits residential uses, as well as on parcels that are developed with residential uses, subject to building permit approval. The primary dwelling unit(s) shall be completed and occupied prior or simultaneous to occupying an accessory dwelling unit. 2. Property Development Standards: ADUs shall comply with existing Building and Fire Codes, and any applicable design criteria, including but not limited to, setbacks, height limits and maximum floor area ratio. ADUs are exempt from density calculations. For purposes of reviewing a project for compliance with the applicable lot coverage, floor area ratio and related development standards, an ADU is not considered an “accessory structure” or an “accessory use” as established under the provisions of Section 10-1-4 (Definitions). In addition, the following standards shall apply: (a) An ADU may be attached to or detached from the primary dwelling unit. (b) An ADU may be constructed from the conversion of an existing habitable or non- habitable living area within a single-family dwelling, conversion of a detached accessory structure or accessory building, or construction of a new ADU on the same APN as the primary residence and built to the same dimensions as existing legal living area or detached accessory structure. (c) Maximum Size: One ADU is permitted on lots zoned to allow a single-family dwelling unit, subject to the following maximum sizes: i. Attached and Detached ADUs: at least 850 square feet or 1,000 square feet for a two (2) or more bedrooms. ii. Detached ADU: up to 1,200 square feet. iii. Attached or conversion ADU: Attached ADUs total floor area shall not exceed 50 percent of the existing primary dwelling. Conversion of an existing accessory structure or conversion of a portion of the existing primary residence to an ADU is restricted to no more than 1,200 square feet. Planning Commission Regular Meeting Minutes of January 17, 2023 Approved February 21, 2023 Page 7 of 20 Accessory structure conversion to ADUs may expand up to 150 square feet. (d) Minimum size: An efficiency unit as defined by Section 17958.1 of the California Health and Safety Code, California Building Code Section 1207.1 and Section 10- 1-4 of the Placerville City Code. (e) Multi-Family Residential: ADUs are permitted on lots that are currently used for a Multi-Family Residential land use when the ADU is created within existing portions of the Multi-Family Residential structure that is not currently used as livable space and if each space complies with applicable Building and Health and Safety Codes. However, one-story detached ADUs may be allowed on a Multi- Family Residential parcel provided such units comply with the development standards for one-story ADUs contained within this Section. A maximum of three (3) ADUs are permitted as follows: 1. Two detached ADU may be allowed on a parcel developed with a Multi- Family Residential use; 2. At least one (1) ADU may be permitted within the footprint of an existing Multi-Family Residential structure and may be no more than 25 percent of the number of existing units, or one unit, whichever is greater. All interior ADUs must be converted from non-habitable space. (f) Setbacks: 1. A new detached accessory dwelling unit shall be subject to the following setbacks: i. Minimum interior side yard and rear yard setbacks: Four (4) feet. ii. Street side yard of a corner lot: Ten (10) feet. iii. Front yard: Same as the required front setback for the zoning district in which the property is located, yielded only so far as to permit the construction of an 800 sf ADU. 2. An ADU that is created as a result of internal conversion of existing and legally permitted garage area or habitable space shall be allowed, regardless of whether the existing structure complies with current setback requirements. This includes the conversion of an attached or detached habitable or garage structure that maintains a zero setback, provided that all other applicable requirements of the City Code, Fire Code and Building Code have been or will be met. (g) Height: Planning Commission Regular Meeting Minutes of January 17, 2023 Approved February 21, 2023 Page 8 of 20 1. An ADU that is attached to the primary residence shall be subject to the same zoning district height limit established for the primary dwelling. 2. A detached ADU is not to exceed the maximum height within the specified zone or two (2) stories. (h) Lot Coverage: ADUs shall not be considered when calculating the maximum lot coverage allowed. (i) Design: Where the development of an ADU includes exterior alterations, additions, or construction of new structure, the ADU shall incorporate the same exterior appearance, architectural features, building materials, including window style and materials, and roof slopes as the primary dwelling unit or other dwellings on the site. Samples and/or photos of existing and proposed colors, materials, roofing, and features must be provided as part of a complete ADU application. 1. A manufactured or modular (HUD-Certified) home proposed to be used as a detached ADU can be different in architectural style from that of the principal dwelling on the lot. 2. Windows and doors: Any window or door of an accessory dwelling unit shall utilize techniques to lessen privacy impacts onto adjacent properties. These techniques may include use of obscured glazing, window placement above eye level, windows and doors facing toward the primary on-site residence or screening treatments. This limitation applies only to side yards. 3. Historic Resources: To prevent adverse impacts on any building that is listed in the California Register of Historic Resources or located within a Historic District, exterior improvements to the existing building shall only be permitted if the proposed improvements are consistent with the Secretary of the Interior Standards for Rehabilitation. (j) Entrance: A separate entrance to an accessory dwelling unit shall be provided. (k) Fire sprinklers: Fire sprinklers shall not be required in an ADU if they are not required for the primary dwelling unit. (l) Solar Systems: ADUs are subject to the California Energy Code requirement of solar systems if the unit is a newly constructed, non-manufactured, detached ADU. The solar systems may be installed on either the primary residence or the ADU. Planning Commission Regular Meeting Minutes of January 17, 2023 Approved February 21, 2023 Page 9 of 20 (m) Facilities: An accessory dwelling unit shall contain separate kitchen and bathroom facilities. (n) Parking: No additional parking shall be required for an accessory dwelling unit. When a garage, carport or covered parking structure is demolished in conjunction with the construction of an ADU, no parking replacement stall shall be required. (o) Utility Connection: 1. Except as provided in subsection (2) below, an accessory dwelling unit may be required to have a new or separate utility connection, including a separate sewer lateral, between the accessory dwelling unit and the utility. A connection fee or capacity charge may be charged that is proportionate to the size in square feet of the accessory dwelling unit. Separate electric and water meters shall be required for the second unit. 2. Junior accessory dwelling units (JADU) and ADUs converted from the existing space of a single-family dwelling or accessory structure are exempt from any requirement to install a new or separate utility connection and to pay any associated connection or capacity fees or charges. 3. All utility extensions shall be placed underground. 4. No ADU shall be permitted if it is determined that there is not adequate water or sewer service to the property. (p) Impact Fees: ADUs of 750 square feet or less shall not be subject to Impact Fees. ADUs larger than 750 square feet must be charged proportionately in relation to the square footage of the primary dwelling unit. (e.g., the floor area of the primary dwelling unit, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling.) “Impact fee” here does not include any connection fee or capacity charge for water or sewer service. Further, construction resulting in the addition of square footage to an ADU within a five (5) year period will be considered cumulative square footage and, if 750 square feet or greater, will result in applicable impact and improvement charges. (q) An ADU shall be exempt from any requirement to construct street frontage improvements. (r) An accessory dwelling unit created under this Section shall be maintained with the provisions of this Section and shall not be destroyed or otherwise converted to any other use (including reverting to a portion of the primary residence) except with approval of the Development Services Department. Planning Commission Regular Meeting Minutes of January 17, 2023 Approved February 21, 2023 Page 10 of 20 (s) Amnesty: Property owners of unpermitted ADUs built before January 1, 2020, that receives notice to correct violations may request that the enforcement of the violations be delayed for five years if correcting the violation is not necessary to protect health and safety. (t) Vacation or Short-Term Rental: Vacation or short-term rentals are prohibited in all ADUs. ADUs shall not be rented for a period of less than 31 days. (u) Owner-Occupancy: 1. All ADUs permitted before January 1, 2020, are subject to the owner- occupancy requirement that was in place when the ADU was permitted. 2 An ADU that is permitted after January 1, 2020 but before January 1, 2025, is not subject to any owner-occupancy requirement. 3. All ADUs that are permitted on or after January 1, 2025 are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence. (v) Sale of units: ADUs may be rented independently of the primary dwelling or multi-family dwelling structure, but may not be sold or conveyed separately from the other dwellings on the lot. (w) Deed Restriction: Prior to issuance of a building permit for an ADU, deed restriction, in a form provided by the City, shall be recorded at the El Dorado County Recorder’s office and filed with the city. The deed restriction shall require that the ADU shall not be sold separately from the sale of the primary dwelling; it shall restrict any modifications to the ADU or the primary residence, nor shall any other work on the property be done that requires a ministerial or discretionary permit, without first obtaining the required permit(s) from the City; it shall require that a rental of the ADU shall be for a term longer than 30 consecutive days; and, it shall require that either the primary unit or the ADU on the lot must be occupied by at least one (1) legal owner of the lot. (x) Penalties: Every person violating any of the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punishable by a fined in a sum not to exceed one thousand dollars ($1,000.00) for any one offense, and the person may be confined in the county jail for a period of not to exceed six (6) months, or both. A misdemeanor violation offence shall be deemed committed each day that the violation occurs or the obligation remains unperformed). Planning Commission Regular Meeting Minutes of January 17, 2023 Approved February 21, 2023 Page 11 of 20 (C) Junior Accessory Dwelling Units (JADUs): 1. Purpose: The purpose of this section is to ensure consistency with Government Code Section 65852.22, this section implements the provisions of the General Plan Housing Element that encourage the production of affordable housing. 2. Applicability: Junior accessory dwelling units (JADUs) shall be permitted only in compliance with the requirements of this section, and all other requirements of the applicable zoning district, except as otherwise provided by this section. 3. Permit Requirements and Fee: A building permit shall be required for a JADU. A JADU shall not be considered a separate or new dwelling unit for purposes of applying building codes, fire codes, collection of impact fees, or the provision of water, sewer, and power, including connection fees that might otherwise be associated with the provision of those services. 4. Use: JADUs may not be sold separately from the single-family dwelling, but may be rented separately. Occupant(s) need not be related to the property owner. JADUs may not be rented on a transient occupancy basis (less than thirty-one (31) days). 5. Timing: A JADU allowed by this section must be installed after construction of the single-family dwelling. 6. Density: As provided by Government Code section 65852.22(d) and (e), JADUs are not considered new or separate dwelling units and, therefore, are exempt from the density limitations of the General Plan. No more than one (1) JADU may be located on a parcel. 7. Design and Development Standards: JADUs shall conform to the development standards of the base zoning district. In addition, JADUs shall meet the following standards. (a) Size: A junior accessory dwelling unit shall not exceed five hundred (500) square feet in floor area. If the bathroom is shared with the remainder of the single- family dwelling, it shall not be included in the square footage calculation. (b) Location: A JADU shall be installed within the existing walls of a proposed or existing single-family dwelling. (c) Access: A separate entrance to the JADU shall be provided. (d) Kitchen: A JADU shall contain at a minimum an efficiency kitchen, which includes all of the following: Planning Commission Regular Meeting Minutes of January 17, 2023 Approved February 21, 2023 Page 12 of 20 1. A cooking facility with appliances, such as a microwave, convection oven, or hot plate; and 2. A food preparation counter, sink and storage cabinets. (e) Sanitation: A JADU must include access to a full bathroom. (f) Parking: A parking space is not required for the JADU. (g) Sale of units: JADUs may be rented independently of the primary dwelling, but may not be sold or conveyed separately from the other dwellings on the lot. The JADU or primary dwelling must be owner occupied. (h) Deed Restriction: A deed restriction shall be recorded that: prohibits the subdivision or sale of the JADU separate from the single-family dwelling; specifies that the deed restriction runs with the land and is therefore enforceable against future property owners; restricts the size and features of the JADU in accordance with this section; prohibits the JADU from being rented on a transient occupancy basis (less than thirty-one (31) days). (i) Penalties: Every person violating any of the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punishable by a fined in a sum not to exceed one thousand dollars ($1,000.00) for any one offense, and the person may be confined in the county jail for a period of not to exceed six (6) months, or both. A misdemeanor violation offence shall be deemed committed each day that the violation occurs or the obligation remains unperformed. (D) Application and Processing of ADUs and JADUs: The application for an ADU permit, and/or when applicable a JADU permit, shall be submitted to the Development Services Department with an application and submittal requirements for a building permit. In addition to the standard submittal requirements for a building permit, an application for an ADU permit shall include all of the following: 1. Site plan: A site plan, drawn to scale, showing the dimensions of the perimeter of the parcel proposed for the accessory dwelling unit; the location and dimensioned setbacks of all existing and proposed structures on the site; all easements, building envelopes, and special requirements of the subdivision as shown on the Final Map and improvement plans, if any; and average slope calculations for the site. 2. Floor plan: A floor plan, drawn to scale, that shows the dimensions of each building and of each room, and the resulting floor area. The use of each room shall be identified, and the size and location of all windows and doors shall be clearly shown. Planning Commission Regular Meeting Minutes of January 17, 2023 Approved February 21, 2023 Page 13 of 20 3. Elevations: Architectural elevations of the proposed structure showing all openings, exterior finishes, original and finish grades, stepped footing outline, and roof pitch. 4. Fee: A fee set by the City Council for construction shall accompany the application. 5. Processing Time Limits: Unless a longer timeframe is voluntarily requested by the applicant, the required ministerial permit for an ADU and JADU shall be approved or denied within sixty (60) days from the date the City receives a completed application if there is an existing single-family on the lot. Additionally, the City may delay acting on the permit application if the permit application is submitted with a permit application to create a new single-family on the lot, as specified. SECTION 5. Amend Subsection (B) of Placerville City Code 10-5-4: RE, Estate Residential Zone, to read as follows (proposed language to be added is shown with double underlines; language to be removed is shown with strikethrough): (B) Permitted Uses: The following uses and their accessory uses are permitted outright: 4. One-family dwelling, one guest quarters guest house. 9. Junior Accessory Dwelling Unit, within a proposed or existing single-family dwelling, subject to the requirements within City Code Section 10-4-12. SECTION 6. Amend Subsection (B) of Placerville City Code 10-5-5: R-1A, Single-Family Acre Residential Zone, to read as follows (proposed language to be added is shown with double underlines; language to be removed is shown with strikethrough): (B) Permitted Uses: The following uses and their accessory uses are permitted outright: 3. One-family dwelling, one guest quarters guest house. 9. Junior Accessory Dwelling Unit, within a proposed or existing single-family dwelling, subject to the requirements within City Code Section 10-4-12. SECTION 7. Amend Subsection (B) of Placerville City Code 10-5-6: R-1, 20,000 Single-Family Residential Zone to read as follows (proposed language to be added is shown with double underlines; language to be removed is shown with strikethrough): (B) Permitted Uses: The following uses and their accessory uses are permitted outright: 3. One-family dwelling, one guest quarters guest house. 8. Junior Accessory Dwelling Unit, within a proposed or existing single-family dwelling, subject to the requirements within City Code Section 10-4-12. Planning Commission Regular Meeting Minutes of January 17, 2023 Approved February 21, 2023 Page 14 of 20 SECTION 8. Amend Subsection (B) of Placerville City Code 10-5-7: R-1, 10,000 Single-Family Residential Zone, to read as follows (proposed language to be added is shown with double underlines; language to be removed is shown with strikethrough): (B) Permitted Uses: The following uses and their accessory uses are permitted outright: 3. One-family dwelling, one guest quarters guest house. 7. Junior Accessory Dwelling Unit, within a proposed or existing single-family dwelling, subject to the requirements within City Code Section 10-4-12. SECTION 9. Amend Subsection (B) of Placerville City Code 10-5-8: R-1, 6,000 Single-Family Residential Zone, to read as follows (proposed language to be added is shown with double underlines; language to be removed is shown with strikethrough): (B) Permitted Uses: The following uses and their accessory uses are permitted outright: 2. One-family dwelling, one guest quarters guest house. 7. Junior Accessory Dwelling Unit, within a proposed or existing single-family dwelling, subject to the requirements within City Code Section 10-4-12. SECTION 10. Amend Subsection (B) of Placerville City Code 10-5-9: R-2, Low Density Multi- Family Residential Zone, to read as follows (proposed language to be added is shown with double underlines; language to be removed is shown with strikethrough): (B) Permitted Uses: The following uses and their accessory uses are permitted outright: 4. Accessory Dwelling Units, subject to the requirements within City Code Section 10-4- 12. 9. Junior Accessory Dwelling Unit, within a proposed or existing single-family dwelling, subject to the requirements within City Code Section 10-4-12. 10. Bungalow Court. SECTION 11. Amend Subsection (B) of Placerville City Code 10-5-10: R-3, Medium Density Multi-Family Residential Zone, to read as follows (proposed language to be added is shown with double underlines; language to be removed is shown with strikethrough): (B) Permitted Uses: The following uses and their accessory uses are permitted outright: 4. Accessory Dwelling Units, subject to the requirements within City Code Section 10-4- 12. Planning Commission Regular Meeting Minutes of January 17, 2023 Approved February 21, 2023 Page 15 of 20 9. Junior Accessory Dwelling Unit, within a proposed or existing single-family dwelling, subject to the requirements within City Code Section 10-4-12. 10. Bungalow Court. SECTION 12. Amend Subsection (B) of Placerville City Code 10-5-11: R-4, Medium Density Multi-Family Residential Zone, to read as follows (proposed language to be added is shown with double underlines; language to be removed is shown with strikethrough): (B) Permitted Uses: The following uses and their accessory uses are permitted outright: 4. Accessory Dwelling Units, subject to the requirements within City Code Section 10-4- 12. 9. Junior Accessory Dwelling Unit, within a proposed or existing single-family dwelling, subject to the requirements within City Code Section 10-4-12. 10. Bungalow Court. SECTION 13. Amend Subsection (B) of Placerville City Code 10-5-12: R-5, Medium Density Multi-Family Residential Zone, to read as follows (proposed language to be added is shown with double underlines; language to be removed is shown with strikethrough): (B) Permitted Uses: The following uses and their accessory uses are permitted outright: 4. Accessory Dwelling Units, subject to the requirements within City Code Section 10-4- 12. 8. Bungalow Court. SECTION 14. Amend Subsection (C) of Placerville City Code 10-5-13: BP, Business-Professional Zone, to read as follows (proposed language to be added is shown with double underlines; language to be removed is shown with strikethrough): (C) Permitted Uses: The following uses and their accessory uses are permitted outright: 11. Accessory Dwelling Units, subject to the requirements within City Code Section 10- 4-12. 12. Junior Accessory Dwelling Unit, within a proposed or existing single-family dwelling, subject to the requirements within City Code Section 10-4-12. SECTION 15. Amend Subsection (B) of Placerville City Code 10-5-14: CBD, Central Business District Zone, to read as follows (proposed language to be added is shown with double underlines): Planning Commission Regular Meeting Minutes of January 17, 2023 Approved February 21, 2023 Page 16 of 20 (B) Permitted Uses: The following uses and their accessory uses are permitted outright: 10. Accessory Dwelling Units, subject to the requirements within City Code Section 10- 4-12. 11. Junior Accessory Dwelling Unit, within a proposed or existing single-family dwelling, subject to the requirements within City Code Section 10-4-12. SECTION 16. Amend Subsection (B) of Placerville City Code 10-5-15: C, Commercial Zone, to read as follows (proposed language to be added is shown with double underlines; language to be removed is shown with strikethrough): (B) Permitted Uses: The following uses and their accessory uses are permitted outright: 6. One sign not to exceed the allowable size established by Section 10-4-17 of this Title. Accessory Dwelling Units, subject to the requirements within City Code Section 10-4-12. 13. Junior Accessory Dwelling Unit, within a proposed or existing single-family dwelling, subject to the requirements within City Code Section 10-4-12. SECTION 17. Amend Subsection (B) of Placerville City Code 10-5-16: CC, Convenience Commercial Zone, to read as follows (proposed language to be added is shown with double underlines): (B) Permitted Uses: The following uses and their accessory uses are permitted outright: 4. Accessory Dwelling Units, subject to the requirements within City Code Section 10- 4-12. 5. Junior Accessory Dwelling Unit, within a proposed or existing single-family dwelling, subject to the requirements within City Code Section 10-4-12. SECTION 18. Amend Subsection (B) of Placerville City Code 10-5-17: HWC, Highway Commercial Zone, to read as follows (proposed language to be added is shown with double underlines): (B) Permitted Uses: The following uses and their accessory uses are permitted outright: 5. Accessory Dwelling Units, subject to the requirements within City Code Section 10- 4-12. 6. Junior Accessory Dwelling Unit, within a proposed or existing single-family dwelling, subject to the requirements within City Code Section 10-4-12. SECTION 19. Amend Subsection (B) of Placerville City Code 10-5-18: HC, Heavy Commercial Zone, to read as follows (proposed language to be added is shown with double underlines): (B) Permitted Uses: The following uses and their accessory uses are permitted outright: Planning Commission Regular Meeting Minutes of January 17, 2023 Approved February 21, 2023 Page 17 of 20 11. Accessory Dwelling Unit, subject to the requirements within City Code Section 10- 4-12. 12. Junior Accessory Dwelling Unit, within a proposed or existing single-family dwelling, subject to the requirements within City Code Section 10-4-12. SECTION 20. Amend Subsection (B) of Placerville City Code 10-5-19: I, Industrial Zone, to read as follows (proposed language to be added is shown with double underlines): (B) Permitted Uses: The following uses and their accessory uses are permitted outright: 3. Accessory Dwelling Unit, subject to the requirements within City Code Section 10- 4-12. 4. Junior Accessory Dwelling Unit, within a proposed or existing single-family dwelling, subject to the requirements within City Code Section 10-4-12. SECTION 21. Amend Subsection (B) of Placerville City Code 10-5-20: PF, Public Facilities Zone, to read as follows (proposed language to be added is shown with double underlines): (B) Permitted Uses: The following uses and their accessory uses are permitted outright: 8. Accessory Dwelling Unit, subject to the requirements within City Code Section 10- 4-12. 9. Junior Accessory Dwelling Unit, within a proposed or existing single-family dwelling, subject to the requirements within City Code Section 10-4-12. SECTION 22. Amend Subsection (C) of Placerville City Code 10-5-24: Housing Opportunity Zone (HO), to read as follows (proposed language to be added is shown with double underlines): (C) Permitted Uses: The following uses and their accessory uses are permitted outright: 5. Accessory Dwelling Units, subject to the requirements within City Code Section 10- 4-12. 6. Junior Accessory Dwelling Unit, within a proposed or existing single-family dwelling, subject to the requirements within City Code Section 10-4-12. SECTION 23. Severability Clause: Should any section, clause, or provision of this Ordinance be declared by the Courts to be invalid, the same shall not affect the validity of the Ordinance as a whole, or parts thereof, other than the part so declared to be invalid. SECTION 24. Effective Date: This Ordinance shall take effect thirty days from passage and adoption under California Government Code Section 36937. Planning Commission Regular Meeting Minutes of January 17, 2023 Approved February 21, 2023 Page 18 of 20 SECTION 25. Certification: The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published or posted according to California Government Code Section 36933. SECTION 26. Submit to State: Staff shall submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days of its adoption pursuant to Government Code section 65852.2, subdivision (h). The above ordinance was introduced at a regular meeting of the City Council of the City of Placerville on _________, by Councilmember __________________, and it was read for the first time. The Ordinance was read for the second time on __________, and introduced by Councilmember _________________, who moved its adoption. The motion was seconded by Councilmember ____________________. A poll vote was taken, which stood as follows: AYES: NOES: ABSENT: ABSTAIN: Mayor Michael Saragosa ATTEST: Regina O’Connell, City Clerk Action: Motion approved 4-0 on roll call vote: Ayes: Frenn, Kiehne, Lepper, List Nays: None Absent: N/A 11. CONTINUED ITEMS: None. 12. NEW BUSINESS: None. 13. MATTERS FROM COMMISSIONERS AND STAFF: 13.1. Staff Reports: Planning Commission Regular Meeting Minutes of January 17, 2023 Approved February 21, 2023 Page 19 of 20 Mr. Rivas informed the Planning Commission that the Astonia Estates Subdivision Conditions, Covenants, and Restrictions (CC&Rs) shall be presented at the next Regularly Scheduled Planning Commission Meeting on February 7, 2023 at 6:00 p.m. 13.2. Planning Commission Matters: None. 14. ADJOURNMENT Vice Chair Frenn adjourned the meeting at 7:55 p.m. _________________________________ Pierre Rivas, Executive Secretary Development Services Director Planning Commission Regular Meeting Minutes of January 17, 2023 Approved February 21, 2023 Page 20 of 20

Agenda

PLACERVILLE PLANNING COMMISSION Regular Meeting Tuesday, January 17, 2023 6:00 PM Town Hall 549 Main Street, Placerville, CA 95667 Planning Commission Members Michael Frenn, Vice Chair Kris Kiehne Amy Lepper John List AGENDA 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE TO THE FLAG 2. ROLL CALL: Vice Chair Frenn, Kiehne, Lepper, List 3. CLOSED SESSION REPORT: None 4. ADOPTION OF AGENDA 5. CONSENT CALENDAR All matters listed under the Consent Calendar are considered routine and will be enacted by general consent, unless any Commissioner requests a roll call vote, or unless any member of the Commission or Staff or audience wishes to remove an item for discussion. 5.1. Approve the Minutes of the Regular Planning Commission Meeting of December 6, 2022 6. ITEMS PULLED FROM CONSENT CALENDAR (if applicable) 7. ITEMS OF INTEREST TO THE PUBLIC/PUBLIC COMMENT– NON-AGENDA ITEMS This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on the Agenda and the subject matter is within the jurisdiction of the Planning Commission. State law prohibits the Commission from acting on items not listed on the Agenda except by special action of the Planning Commission under specified circumstances. 8. WRITTEN COMMUNICATIONS – NON-AGENDA ITEMS Written comments received on non-agenda items pertaining to business within the jurisdiction of the Planning Commission. These are not items for discussion but can be referred to staff for consideration. 9. PRESENTATIONS AND EDUCATIONAL WORKSHOP SESSIONS None. Planning Commission Agenda January 17, 2023 Page 1 of 3 10. ENVIRONMENTAL ASSESSMENTS / PUBLIC HEARINGS 10.1. Zone Change (ZC) 20-01: Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) Ordinance Regulation Amendments to Comply with State Regulations. Consideration of a recommendation to the City Council to introduce an ordinance and approve amendments to Title 10 (Zoning) of the Placerville City Code to implement new state law requirements related to Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU); amend the City’s Zone Classifications regarding ADUs and JADUs; update the definitions of terms for ADU, JADU and other related housing terms; and determine the ordinance to be exempt from the California Environmental Quality Act, Environmental Determination: Statutorily exempt from the provisions of the California Environmental Quality Act (CEQA) Guidelines, per Section 15282(h); Applicant: City-initiated (Resolution No. 8813 / ROI 19-04). Staff: Kristen Hunter. 11. CONTINUED ITEMS 12. NEW BUSINESS 13. MATTERS FROM COMMISSIONERS AND STAFF 13.1. Staff Reports: This item is for staff to update those in attendance of the status of upcoming meetings; recent actions taken by City Council on items previously considered by the Commission; the status or completion of City and community projects; of community-wide activities and events (e.g. Brewfest, National Night Out, Wagon Train, etc.). 13.2. Planning Commission Matters: For Commission Members this time is for updating other Members of sub-committee work (when applicable); of updating other Members of topics and issues learned at land use and planning conferences, workshops, webinars; general comments regarding planning and land use within Placerville, or other items which may be within the purview of the Planning Commission. 14. ADJOURNMENT The Planning Commission normally ends its meetings by 10:00 pm. Items remaining on the agenda after 10:00 PM will be continued to the next Planning Commission Meeting. The Commission meets regularly on the first and third Tuesday of each month at Town Hall in the City Council Chambers; additional meetings may be scheduled as needed. Planning Commission Agenda January 17, 2023 Page 2 of 3 GOVERNING RECULATIONS AND RULES: The Commission conducts all meetings in accordance with the "Ralph M. Brown Act" (California Government Code Sections 54950, et seq.), per the City's Committee, Commissions & Board Policy Manual (City Council Resolution No. 7578), and the Planning Commission Bylaws. MEETING ACCESS: The City of Placerville wishes to make all of its public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities, as required by 42 U.S.C. §12132 of the Americans with Disabilities Act of 1990. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk (530) 642-5531 at least 72 hours before the meeting, if possible. CELL PHONES: The Planning Commission appreciates your cooperation in turning off all cell phones. AVAILABLE INFORMATION: Materials related to items on this Agenda are available for public review in the Development Services Department at City Hall, 3101 Center Street, 2nd floor, during normal busi- ness hours. Agendas and Staff Reports are also made available online at the Planning Commission Agenda webpage. OPPORTUNITY TO APPEAL: Any aggrieved person or persons dissatisfied with a Planning Commission decision may appeal that decision to the City Council within 10 calendar days per Government Code Section 65009. Appeals can be made by any interested party by submittal of a written appeal request and appeal fee to the Placerville City Clerk, 3101 Center Street, Placerville, California, 95667. PUBLIC COMMENT: Speakers shall step up to the podium microphone to address the Commission and are limited to a presentation of three (3) minutes, unless otherwise determined by the Chair. Groups or organizations are encouraged to select a spokesperson to speak on their behalf. WRITTEN COMMENT: You may submit your comments by e-mail to pv.planning@gmail.com, or in- person at the Development Services Department, City Hall – 2nd Floor, 3101 Center Street, Placerville, CA 95667. Interested parties are encouraged to provide written materials at least seven (7) days prior to the public hearing to allow distribution with the Planning Commission’s agenda and provide adequate time for review by the Planning Commission. Written comments received after the Tuesday prior to the public hearing will be provided to the members of the Planning Commission and will be placed on the back table for public review as part of the full agenda packet. CERTIFICATION OF AGENDA POSTING I, Pierre Rivas, Executive Secretary, declare that the foregoing Agenda for the January 17, 2023, Regular Meeting of the Placerville Planning Commission was posted and available for review on January 12, 2023 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 Attest: ___________________________________ Pierre Rivas, Executive Secretary Development Services Director Planning Commission Agenda January 17, 2023 Page 3 of 3

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