Planning Commission

REGULAR MEETING MINUTES PLACERVILLE PLANNING COMMISSION TUESDAY, DECEMBER 3, 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: Chair Kiehne 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, Frenn, Chair Kiehne, Lepper, Smith Members Absent: None Staff Present: City Manager Morris, Development Services Director Rivas, Associate Planner Hunter 3. CLOSED SESSION REPORT: None 4. ADOPTION OF AGENDA: In a single motion Commissioner Frenn, seconded by Commissioner Lepper, moved to approve the Agenda. Motion carried 5-0 on voice vote. 5. CONSENT CALENDAR: 5.1. Approve the Minutes of the Regular Planning Commission Meeting of November 19, 2024 In a single motion Vice Chair Carter, seconded by Commissioner Lepper, moved to approve the Agenda. Motion carried 5-0 on voice vote. 6. ITEMS PULLED FROM CONSENT CALENDAR (if applicable): None. 7. ITEMS OF INTEREST TO THE PUBLIC – NON-AGENDIZED ITEMS: None. 8. WRITTEN COMMUNICATIONS – NON-AGENDIZED ITEMS: None. 9. PRESENTATIONS AND EDUCATIONAL WORKSHOP SESSIONS: None. 10. ENVIRONMENTAL ASSESSMENTS / PUBLIC HEARINGS: 10.1. Special Temporary Use Permit (TUP) 24-14. Sourdough & Co. Sidewalk Dining. Consideration of a Special Temporary Use Permit (TUP) application within the Central Business District Zone: (1) For a sidewalk dining area permit within the Main Street public right-of-way, adjacent to the Sourdough & Co. business; and (2) To find the project categorically exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15311. Location: 385 Main Street, Placerville, CA / Planning Commission Regular Meeting Minutes of December 3, 2024 Approved January 7, 2025 Page 1 of 9  APN: 001-212-011. Property Owner / Applicant: Henry Cavigli. Representative: Dana LeBlanc, Sourdough & Co. Staff: Kristen Hunter. Associate Planner Hunter presented the Staff Report. Director Rivas, Associate Planner Hunter, and City Manager Morris answered questions of the Commission. Public comment was heard by the project applicant, Dana LeBlanc (Sourdough & Co.), and by Ruth Michelson. In a single motion, Commissioner Lepper, seconded by Commissioner Frenn, moved to approve Special Temporary Use Permit (TUP) 24-14 as presented and amended by Staff; and to: I. Make the following findings in support of the Special Temporary Use Permit (TUP) 24-14 request: 1. The request is Categorically Exempt from the California Environmental Quality Act (CEQA) per Section 15311 of the CEQA Guidelines, in that it involves the placement of minor structures (chairs and tables) on the sidewalk accessory to the existing Sourdough & Co. commercial business. 2. The project site, APN 001-212-011, 385 Main Street, contains a two-story commercial building located within downtown Placerville. 3. The project request is consistent with Placerville General Plan Land Use and Community Design Elements, in that the project will improve the pedestrian experience, enhancing, and enlivening the Main Street streetscape, and will attract customers and improve the economic vitality of the Main Street. 4. The project request meets the purpose and intent of the Sidewalk Dining Regulations (Zoning Ordinance Section 10-4-19) by allowing a limited encroachment of outdoor dining within into the public right-of-way, ancillary to the adjacent Sourdough & Co. food and beverage establishment, where the development layout as proposed and conditioned does not unduly restrict public access or detract from the appearance of the surrounding area. II. Conditionally approve TUP 24-14 located at 385 Main Street, based on the project information and findings included in the Staff Report and Staff Memorandum dated December 3, 2024, and subject to the recommended Conditions of Approval, including: 1. Special Temporary Use Permit (TUP) 24-14 approval is based upon and limited to compliance with the approved site plan, project description, the Conditions of Approval set forth below: The project description is as follows: The operation of a sidewalk dining area immediately adjacent to the front door of the Sourdough & Co. food and Planning Commission Regular Meeting Minutes of December 3, 2024 Approved January 7, 2025 Page 2 of 9  beverage business located at 385 Main Street. The design, as amended by Staff, features three (3) wooden tables, and eight (8) chairs. The layout would provide a minimum of 5 feet of unobstructed pathway between the barrier and streetscape furniture, such as the hydrant and streetlight. Any deviations from the project description, conditions, or site plan exhibits shall be reviewed and approved by the City for conformity with this approval. Deviations may require approved changes to the permit. Deviations without the above-described approval will constitute a violation of permit approval. Note: the approval does not include the proposed barrel. 2. This Special Temporary Use Permit is valid for one year from Planning Commission approval. Renewal permits may be extended for one-year periods by the Director of Development Services. Permit holders shall make renewal requests prior to the expiration date for renewal by the Director. 3. The applicant shall comply with all Development Standards and Operational Standards under Zoning Ordinance Section 10-4-19 (F), applicable during sidewalk dining operations, as follows: i. Development Standards a. The outdoor dining equipment materials, style, quality, etc. shall be consistent with the approved exhibits. b. The sidewalk dining area shall comply with the site plan exhibit and shall consist of three (3) tables and eight (8) chairs. c. Lighting of the dining area shall comply with the approved specifications and exhibits. The applicant shall obtain a building permit for the under canopy security lighting. The string lighting shall be turned off from 11:00 pm to 6:00 am. d. Furniture shall not be attached, drilled into, adhered to, chained to, or otherwise affixed to the sidewalk tree, pole, or other furniture, or to any permanent structure or building. e. Sidewalk dining furniture shall be placed immediately adjacent to and abutting the eating establishment, consistent with the approved site plan. f. No alcohol shall be served to the dining area. g. Use of sound amplification on the exterior of a sidewalk dining area is prohibited. Planning Commission Regular Meeting Minutes of December 3, 2024 Approved January 7, 2025 Page 3 of 9  h. Sidewalk dining area permits are interruptible and terminable licenses for use granted by the City. No property interest shall be conveyed to the eating establishment or to any other person. The City shall have the right and power, acting through the Director or Planning Commission, to revoke, prohibit, or limit operation and use of a sidewalk dining area permit at any time by reason of anticipated, threatened, or actual problems or conflicts in the use for the sidewalk area. Such circumstances may arise from, but are not limited to, changing patterns of sidewalk use, scheduled festivals or similar event, parades or marches, repairs to the street or sidewalk, or for any other reason. i. The sidewalk dining area is temporary in nature and shall remain in mobile condition, with sidewalk dining furniture removed at close of business. The City may require removal during special events, etc. The City shall have the right to unilaterally remove unapproved exterior furniture and/or equipment from the sidewalk dining area, and costs of removal shall be borne by the eating establishment. ii. Operational Standards a. Establishment is required to maintain all areas in and around the sidewalk dining area in a manner that is clean and free of litter and debris. b. The sidewalk dining hours of operation shall be limited to the hours of operation of the associated food or beverage establishment. c. All plans and permits for the sidewalk dining area approved by the City must be kept on the premises for public inspection at all times during which the associated establishment is open for business. d. Sidewalk dining areas shall be operated in a manner that meets all requirements of the El Dorado County Environmental Management Division and all other applicable regulations, laws, ordinances, and standards. e. Smoking and/or vaping of any substance shall not be permitted within any sidewalk dining or seating area authorized pursuant to this Section. 4. The applicant shall obtain an Encroachment Permit (if applicable) from the City Engineer before any sidewalk dining is permitted, and shall obtain and maintain general liability insurance per Zoning Ordinance Sections 10-4-19 (I) and 10- 4-19 (E), respectively. Planning Commission Regular Meeting Minutes of December 3, 2024 Approved January 7, 2025 Page 4 of 9  5. The applicant is responsible for implementing SB 1383 compliant waste bins within the interior of the eating establishment prior to implementation of outdoor dining. 6. If an SB 1383 compliant waste system is proposed by the applicant for placement withing the outdoor dining area, the applicant shall be required to submit a revised site plan for Development Services Department (DSD) Staff review and approval prior to placement. 7. The outdoor dining area shall not be permitted on certain days designated by the City as City events. Action: Motion carried 5-0 on roll call vote: Ayes: Carter, Frenn, Kiehne, Lepper, Smith Nays: None Absent: None Chair Kiehne informed the public that there is a 10-day appeal period. 10.2. Site Plan Review (SPR) 84-01-R & Variance (VAR) 23-04: Restaurant Interior and Exterior Modifications, Outdoor Seating, and Master Sign Plan. Consideration of a Site Plan Review request to: 1) Modify the front (north) elevation of the building to add a new front door and replace the existing windows; 2) Reduce indoor maximum permanent seating; 3) Permit the unpermitted shade structure and seating area located along the western and southern elevations of the building, within the on-site required parking; 4) Add string lighting to front elevation and in the rear for the proposed outdoor dining area; and 5) Seek approval of a Master Sign Plan for the restaurant location. Additionally, the application includes a Variance request to reduce the required on-site parking for the restaurant. The project is categorically exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Section 15301 and 15303. Location: 564 Main Street, Placerville, CA / APN: 003-141- 022 & 003-141-013. Property Owner: Gregory and Rebecca Vorster. Representative: Brandon Guenther and Shona Campbell, Hangtown LLC. Staff: Kristen Hunter. Associate Planner Hunter presented the Staff Report. Director Rivas and Associate Planner Hunter answered questions of the Commission. Public comment was heard by the project applicant, Brandon Guenther. In a single motion, Vice Chair Carter, seconded by Commissioner Frenn, moved to approve Site Plan Review (SPR) 84-01-R as presented and amended by Staff, continuing the Master Sign Plan request portion of the application to January 21, 2024, and deny the Variance (VAR) 23-04 request as recommended by Staff; and to: Planning Commission Regular Meeting Minutes of December 3, 2024 Approved January 7, 2025 Page 5 of 9  I. Make the following findings in support of the Site Plan Review (SPR) 84-01-R: 1. The project request is exempt from environmental review, in that the project qualifies for a Categorical Exemption under the California Environmental Quality Act (CEQA) Section 15301 and 15303, as the project includes new copy of on-premises signage and minor interior and exterior modifications to the existing restaurant and parking lot. 2. The project request as amended by Staff is consistent with the Placerville General Plan Land Use and Community Design Elements, in that the project shall promote the enhancement of an existing commercial building and aid in the promotion of the downtown area as a commercial center of Placerville. 3. The project as amended by Staff, and as conditioned, is consistent with the purpose, intent, and criteria of Zoning Ordinance Section 10-4-4: Parking and Loading, Section 10-4-9: Site Plan Review; Section 10-4-16: Exterior Lighting; and Section 10-4-17: Sign Regulations. 4. The project as amended by Staff, and as conditioned, is consistent with the City of Placerville Development Guide for Architectural Design and Site Specific Improvements. 5. Approval is based on the analysis provided in Staff’s December 3, 2024 report to the Planning Commission, and limited to compliance with the project description, Applicant Submittal Package, and Conditions of Approval. II. Make the following findings in denial of the Variance (VAR) 23-04 request with its authority granted to it under Zoning Ordinance Section 10-3-1(C) and Section 10-3- 5(B): 1. A parking variance application has been received from Brandon Guenther and Shona Campbell for consideration, requesting approval to reduce the required on-site parking from 23 to 19 stalls. 2. A Staff Report for Site Plan Review (SPR) 84-01-R and Variance (VAR) 23-04 was prepared by the Planning Commission prior to its decision regarding the variance request. 3. Notice of Restriction Document No. 99-0041071-00, recorded July 1, 1999, restricts the paved areas (parking lots) on Assessor’s Parcel Numbers (APN) 003-141-022 and 003-141-013 to parking only. 4. The variance request is not consistent with the City of Placerville General Plan and Zoning Ordinance as the application does not demonstrate that strict Planning Commission Regular Meeting Minutes of December 3, 2024 Approved January 7, 2025 Page 6 of 9  adherence to the on-site parking requirements would result in unnecessary hardship as the site is capable of complying with the existing regulations. 5. The variance request would create impacts on surrounding properties through the reduction of on-site parking that would not be mitigated by the applicant’s proposal. As such, the variance would not serve the public interest and could lead to undesirable precedents for future requests. 6. The applicant has not demonstrated that the variance is necessary to preserve a substantial property right that is enjoyed by other owners of other properties in the same zoning district. 7. The variance request does not demonstrate that special circumstances exist that are unique to the property and that prevent the applicant from complying with the Zoning Ordinance, specifically as the required parking can be provided on- site and other businesses in the vicinity do not have on-site parking opportunities and would be required to comply with requirements for in-lieu parking (fees). 8. Denial of the variance application is based on the analysis provided in Staff’s December 3, 2024 report to the Planning Commission. III. Conditionally approve SPR 84-01-R as amended by Staff, based on the project information and findings included in the Staff Report, and subject to the recommended Conditions of Approval, and to continue the Master Sign Plan request included in the application to date certain, January 21, 2024. Conditions of Approval include: Site Plan Review (SPR) 84-01-R 1. Approval of SPR 84-01-R to: 1) Modify the front (north) elevation of the building to add a new front door and replace the existing windows; 2) Reduce indoor maximum permanent seating; 3) Permit seating area located along the southern elevation of the building and construction of a trash enclosure compliant with AB 1383, within the on-site required parking, requiring modification of Notice of Restriction Document No. 99-0041071-00; and 4) Add string lighting to front elevation and in the rear for the proposed outdoor dining area. Approval is based upon the analysis provided in Staff’s December 3, 2024, report to the Planning Commission, and limited to compliance with the project description and Applicant Submittal Package as well as all other Conditions of Approval set forth herein. The approved plans are as follows: i. Site Plan Review Application Narrative (September 19, 2023); ii. Variance Application Narrative (September 19, 2023); iii. Plans: Site Plan, Floor Plan, Elevations (September 19, 2023); and iv. Site Photographs (September 19, 2023). Planning Commission Regular Meeting Minutes of December 3, 2024 Approved January 7, 2025 Page 7 of 9  2. The property owner shall be responsible for ensuring that each tenant is made aware of and complies with the Master Sign Plan. 3. The exterior string lighting shall be on an automatic timer that will shut off lighting between the hours of 11:00 pm and 6:00 am. 4. The applicant shall submit details of the trash enclosure for review and approval by the Development Services Department and El Dorado Disposal prior to construction and installation of enclosure on site. 5. Site Plan Review Expiration. The approval of the Site Plan Review shall expire and become null and void eighteen (18) months after the date of approval unless a building permit has been obtained for any building thereon before the date of expiration. The Planning Commission may grant a one-year extension for the project if the applicant makes such a request and pays a new fee prior to the expiration date. The Planning Commission shall consider any changes to the project when granting the extension. 6. Runs with the Land. The terms and Conditions of Approval of the Site Plan Review (SPR) shall run with the land; shall be binding upon and be to the benefit of heirs, legal representatives, successors, and assignees of the property owner. 7. Revisions. Any proposed changes to the Project Description or conditions of approval shall be submitted to the Development Services Department, Planning Division for determination of appropriate procedures. Deviations from the above-described approval will constitute a violation of permit approval. Revisions to the Site Plan Review include any changes to the exterior, including windows and siding. 8. Other Applicable Requirements. The project approval is subject to all applicable requirements of the Federal, State, City of Placerville and any other affected governmental agencies. 9. The Applicant shall obtain a Building Permit prior to construction and prior to installation of signage. 10. All construction shall be limited to Monday through Friday between the hours of 7:00 am to 7:00 pm, Saturdays between the hours of 8:00 am and 5:00 pm with no construction permitted on Sundays or City or state recognized holidays. IV. Make recommendation to the City Council to amend Notice of Restriction Doc. No. 99- 0041071-00 to allow for the outdoor seating proposed by the project and as amended by Staff. Action: Motion carried 5-0 on roll call vote: Ayes: Carter, Frenn, Kiehne, Lepper, Smith Planning Commission Regular Meeting Minutes of December 3, 2024 Approved January 7, 2025 Page 8 of 9  Nays: None Absent: None Chair Kiehne informed the public that there is a 10-day appeal period. 11. CONTINUED ITEMS: None. 12. NEW ITEMS: None. 13. MATTERS FROM COMMISSIONERS AND STAFF 13.1. Staff Reports: Associate Planner Hunter informed the Commission that the next meeting is scheduled for January 7, 2025. 13.2. Planning Commission Matters: Commissioner Frenn followed up to his November 19, 2024 request to Staff that the City Engineer complete a review of the parking along the south side of Main Street between Cedar Ravine Road and Broadway. City Manager Morris informed the Commission that the City Engineer is currently reviewing the parking. Commissioner Frenn highlighted the Imagination Theater’s production of Miracle on 34th Street, which opened on November 29, 2024, and the upcoming City Christmas Parade on Sunday, December 8, 2024. Vice Chair Carter highlighted the Prospector, the new business located at 594 Main Street, and encouraged the public and the Commission to visit. Vice Chair Carter informed the Commission that he would be resigning from the Planning Commission following this meeting following certification of the City Council election results. The Planning Commissioners congratulated Vice Chair Carter on being elected to the City Council. 14. ADJOURNMENT Chair Kiehne adjourned the meeting at 7:57 p.m. _________________________________ Kristen Hunter, Executive Secretary Associate Planner Planning Commission Regular Meeting Minutes of December 3, 2024 Approved January 7, 2025 Page 9 of 9