Planning Commission

REGULAR MEETING MINUTES PLACERVILLE PLANNING COMMISSION TUESDAY, JUNE 4, 2024 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 Carter 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 Carter, Lepper, Smith Members Absent: Frenn, Chair Kiehne Staff Present: Development Services Director Rivas, Associate Planner Hunter 3. CLOSED SESSION REPORT: None 4. ADOPTION OF AGENDA: In a single motion Commissioner Lepper, seconded by Commissioner Smith, moved to approve the Agenda as presented. 5. CONSENT CALENDAR: 5.1. Approve the Minutes of the Regular Planning Commission Meeting of May 21, 2024 Commissioner Smith pulled the Draft Minutes for discussion. 6. ITEMS PULLED FROM CONSENT CALENDAR (if applicable): In a single motion Commissioner Lepper, seconded by Vice Chair Carter, moved to approve the Draft Minutes of May 21, 2024 as amended. 7. ITEMS OF INTEREST TO THE PUBLIC – NON-AGENDIZED ITEMS: None 8. WRITTEN COMMUNICATIONS – NON-AGENDIZED ITEMS: Associate Planner Hunter informed the Commission that two (2) items of written communication were received prior to the meeting. Copies of the written communication were distributed prior to the start of the meeting. 9. PRESENTATIONS AND EDUCATIONAL WORKSHOP SESSIONS: None. 10. ENVIRONMENTAL ASSESSMENTS / PUBLIC HEARINGS: 10.1. Zone Change (ZC) 2024-02: Commercial Zone Text Clarifications. Consideration of a request from the City of Placerville to: (1) Amend Title 10 (Zoning), Chapter 5 (Zoning Planning Commission Regular Meeting Minutes of June 4, 2024 Approved June 18, 2024 Page 1 of 9  Regulations), Section 15 (Commercial Zone) to clarify Subsection (B), Permitted Uses and Subsection (C), Conditional Uses, with regards to a Place of Entertainment and new and used retail sales; (2) Find that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to California Code of Regulations, Title 14, Chapter 3, §15060(c)(2) and §15060(c)(3); Location: Citywide; Applicant: City- Initiated. Staff: Kristen Hunter. Associate Planner Hunter presented the Staff Report dated June 4, 2024. In a single motion, Commissioner Lepper, seconded by Commissioner Smith, moved to approve Zone Change (ZC) 2024-02 as presented; and to: I. Adopt as part of the public record the June 4, 2024 Staff Report for Zone Change 24- 02. II. Recommend that the City Council: 1. Find that the draft text amendments to Title 10 of the City Code, under Zone Change 24-02, are exempt from the California Environmental Quality Act under §15060(c)(2) and §15060(c)(3) of the CEQA Guidelines as the activity is not a ‘project’ as defined in Section 15378 of the CEQA Guidelines and has no potential for resulting in a physical change to the environment. 2. Recommend that the City Council approve Zone Change 24-02, amending City Code §10-5-15: Commercial Zone as described in Attachment 1 of Staff’s June 4, 2024 Staff Report: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLACERVILLE AMENDING TITLE 10 (ZONING), CHAPTER 5 (ZONING ORDINANCE), SECTION 15 (COMMERCIAL ZONE) OF THE PLACERVILLE CITY CODE TO CLARIFY SUBSECTION (B), PERMITTED USES, AND SUBSECTION (C), CONDITIONAL USES, WITH REGARDS TO A PLACE OF ENTERTAINMENT AND NEW AND USED RETAIL SALES (Zone Change (ZC) 24-02). THE CITY COUNCIL OF THE CITY OF PLACERVILLE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Environmental Assessment: The amendment to Title 10 to eliminate the inconsistency within Section 10-5-15, Commercial Zone, is exempt from the California Environmental Quality Act (CEQA) pursuant to California Code of Regulations, Title 14, Chapter 3, Section 15060 (c)(2) and 15060(c)(3) in that the activity is not a ‘project’ as defined in Section 15378 of the CEQA Guidelines and has no potential for resulting in direct or indirect physical change to the environment. SECTION 2. Amend Placerville City Code Section 10-5-15: Commercial Zone, as follows. Proposed language to be added is shown with double underlines; language to be removed is shown with strikethrough. Planning Commission Regular Meeting Minutes of June 4, 2024 Approved June 18, 2024 Page 2 of 9  (B)8: “Professional or business office bank, studio, place of entertainment and new and used retail sales and retail service when fully enclosed in a building, eating or drinking establishments, retail service, exclusive of fast-food restaurants and automobile sales or service.” (C)8: “Place of entertainment, new and used retail sales and retail service not fully enclosed in a building.” SECTION 3. 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 4. Effective Date: This Ordinance shall take effect thirty days from passage and adoption under California Government Code Section 36937. SECTION 5. Certification: The City Clerk shall certify the passage and adoption of this ordinance and shall cause the same to be published or posted according to California Government Code Section 36933. 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: The motion was passed by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor Jackie Neau ATTEST: ______________________________ Regina O’Connell, CPMC, City Clerk Action: Motion carried 3-0 on roll call vote Ayes: Carter, Lepper, Smith Nays: None Absent: Frenn, Kiehne Planning Commission Regular Meeting Minutes of June 4, 2024 Approved June 18, 2024 Page 3 of 9  10.2. Zone Change (ZC) 24-03: Family Daycare Homes. Consideration of a request from the City of Placerville to: (1) Amend Title 10 (Zoning) of the Placerville City Code to address required 2021-2029 Housing Element Implementation Program B-7 (Family Daycare Homes) to comply with California Health and Safety Code §1597.45; (2) Find that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to California Code of Regulations, Title 14, Chapter 3, §15060(c)(2) and §15060(c)(3); Location: Citywide; Applicant: City-Initiated. Staff: Kristen Hunter. Associate Planner Hunter presented the Staff Report dated June 4, 2024. Director Rivas and Associate Planner Hunter answered questions of the Commission. In a single motion, Commissioner Lepper, seconded by Commissioner Smith, moved to approve Zone Change (ZC) 2024-03 as amended; and to: III. Adopt as part of the public record the June 4, 2024 Staff Report for Zone Change 24- 03. IV. Recommend that the City Council: 1. Find that the draft text amendments to Title 10 of the City Code, under Zone Change 24-02, are exempt from the California Environmental Quality Act under §15060(c)(2) and §15060(c)(3) of the CEQA Guidelines as the activity is not a ‘project’ as defined in Section 15378 of the CEQA Guidelines and has no potential for resulting in a physical change to the environment. 2. Recommend that the City Council approve Zone Change 24-03, amending City Code §10-1-4: Definitions; §10-5-4: RE, Estate Residential; §10-5-5: R-1A, Single-Family Acre Residential; §10-5-6: R-1, 20,000 Single-Family Residential; §10-5-7: R-1, 10,000 Single-Family Residential; §10-5-8: R-1, 6,000 Single-Family Residential; §10-5-9: R-2, Low Density Multi-Family Residential; §10-5-10: R-3, Medium Density Multi-Family Residential; §10-5-11: R-4, High Density Multi-Family Residential; and §10-5-12: R-5, Very High Density Multi-Family Residential of Title 10 as described in Attachment 1 of Staff’s June 4, 2024 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 ADDRESS REQUIRED 2021-2029 HOUSING ELEMENT IMPLEMENTATION PROGRAM B-7 SMALL FAMILY DAYCARE HOMES AND LARGE FAMILY DAYCARE HOMES (Zone Change (ZC) 24-03). THE CITY COUNCIL OF THE CITY OF PLACERVILLE DOES HEREBY ORDAIN AS FOLLOWS: Planning Commission Regular Meeting Minutes of June 4, 2024 Approved June 18, 2024 Page 4 of 9 SECTION 1. Environmental Assessment: The amendments to Title 10 to bring the City into compliance with State laws for family daycare homes is exempt from the California Environmental Quality Act (CEQA) pursuant to California Code of Regulations, Title 14, Chapter 3, Section 15060 (c)(2) and 15060(c)(3) in that the activity is not a ‘project’ as defined in Section 15378 of the CEQA Guidelines and has no potential for resulting in direct or indirect physical change to the environment. Further, CEQA does not apply to the establishment or operation of large family daycare homes pursuant to CEQA §15274. 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: FAMILY DAY CARE A home which regularly provides care, protection and supervision of DAYCARE HOME: twelve (12) fourteen (14) or fewer children for periods of less than twenty four (24) hours per day while the parents or guardians are away and includes the following: Small Family Day Care Daycare Home: A home which provides family day care to six (6) or fewer children including children who reside at home. Facility that provides care, protection, and supervision for eight or fewer children, including children under ten (10) years of age who reside at the home. Medium Family Day Care Home: A home which provides family day care to seven (7) to twelve (12) children inclusive including children who reside at home. Large Family Day Care Daycare Home: A home which provides family day care to greater than twelve (12) children including children who reside at home. Facility that provides care, protection, and supervision for seven (7) to fourteen (14) children, inclusive, including children under ten (10) years of age who reside at the home. SECTION 3. Amend Placerville City Code Section 10-5-4: RE, Estate Residential, 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: Planning Commission Regular Meeting Minutes of June 4, 2024 Approved June 18, 2024 Page 5 of 9  7. Small and medium large family day care daycare home. SECTION 4. Amend Placerville City Code Section 10-5-5: R-1A, Single-Family Acre Residential, 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: 7. Small and medium large family day care daycare home. SECTION 5. Amend Placerville City Code Section 10-5-6: R-1, 20,000 Single-Family Residential, 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. Small and medium large family day care daycare home. SECTION 6. Amend Placerville City Code Section 10-5-7: R-1, 10,000, Single-Family Residential, 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: 5. Small and medium large family day care daycare home. SECTION 7. Amend Placerville City Code Section 10-5-8: R-1, 6,000, Single-Family Residential, 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: 5. Small and medium large family day care daycare home. SECTION 8. Amend Placerville City Code Section 10-5-9: R-2, Low Density Multi-Family Residential, 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: 5. Small and medium large family day care daycare home. SECTION 9. Amend Placerville City Code Section 10-5-9 10: R-3, Medium Density Multi-Family Residential, 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: Planning Commission Regular Meeting Minutes of June 4, 2024 Approved June 18, 2024 Page 6 of 9  5. Small and medium large family day care daycare home. SECTION 10. Amend Placerville City Code Section 10-5-9 11: R-4, High Density Multi-Family Residential, 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: 5. Small and medium large family day care daycare home. SECTION 11. Amend Placerville City Code Section 10-5-9 12: R-5, Very High Density Multi-Family Residential, 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: 5. Small and medium large family day care daycare home. SECTION 12. 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 13. Effective Date: This Ordinance shall take effect thirty days from passage and adoption under California Government Code Section 36937. SECTION 14. 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. 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: The motion was passed by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor Jackie Neau Planning Commission Regular Meeting Minutes of June 4, 2024 Approved June 18, 2024 Page 7 of 9 ATTEST: ______________________________ Regina O’Connell, CPMC, City Clerk Action: Motion carried 3-0 on roll call vote Ayes: Carter, Lepper, Smith Nays: None Absent: Frenn, Kiehne 11. CONTINUED ITEMS: None 12. NEW ITEMS: None. 13. MATTERS FROM COMMISSIONERS AND STAFF 13.1. Staff Reports: Associate Planner Hunter informed the Commission the next meeting is scheduled for June 18, 2024. Associate Planner informed the Special Committee that in order to get the revised report into the June 18, 2024 Agenda Packet, Staff would require the document by Monday, June 10, 2024. Associate Planner Hunter confirmed attendance for the July 2, 2024 scheduled meeting. Associate Planner Hunter informed the Commission that there would not be a meeting on August 6, 2024 due to National Night Out. Director Rivas provided an update to the Commission regarding the status of Mallard and Middletown Affordable Housing Projects. Staff anticipates building permits within three (3) weeks. Director Rivas informed the Commission that Staff will be meeting with the realtor representing the owner of the Office Max building. Director Rivas informed the Commission that Rite Aid on Fair Lane is to be a Grocery Outlet. 13.2. Planning Commission Matters: No updates from Commissioners. Planning Commission Regular Meeting Minutes of June 4, 2024 Approved June 18, 2024 Page 8 of 9  13.2.1. Special Committee Report(s): Report by the Historic Review Special Committee to the Planning Commission. Commissioners Smith and Carter provided an update to the Commission on the revised report. 14. ADJOURNMENT Chair Kiehne adjourned the meeting at 6:45 p.m. _________________________________ Kristen Hunter, Executive Secretary Associate Planner Planning Commission Regular Meeting Minutes of June 4, 2024 Approved June 18, 2024 Page 9 of 9