Agendas & Minutes

Name: Planning Commission Meeting
Start: 2008-03-13T00:30+00:00
End: 2008-03-13T06:59+00:00
Location: Community Center

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Planning Commission Meeting

Regular Meeting

Date: 03/12/2008 5:30 PM 03/12/2008 5:30 PM 03/12/2008
Location: Community Center
1307 Washington Street
Calistoga, California 94515

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CITY OF CALISTOGA PLANNING COMMISSION REGULAR MEETING AGENDA
Wednesday, March 12, 2008			Chairman Jeff Manfredi
5:30 PM			Vice- Chairman Clayton Creager
Calistoga Community Center			Commissioner Carol Bush
1307 Washington St., Calistoga, CA			Commissioner Paul Coates
			Commissioner Nicholas Kite
“California Courts have consistently upheld that development is a privilege, not a right.” Among the most cited cases for this proposition are Associated Home Builders, Inc. v. City of Walnut Creek, 4 Cal.3d633 (1971) (no right to subdivide), and Trent Meredith, Inc. v. City of Oxnard, 114 Cal. App. 3d 317 (1981) (development is a privilege). MINUTES
A.		ROLL CALL
B.		PUBLIC COMMENTS Public Comments is time reserved on each regular meeting agenda to provide an opportunity for the public to directly address the Planning Commission on items of interest to the public, which do not appear on the agenda. Comments should be limited to three minutes. The Commission will not be able to take action on items raised during Public Comments.
C.		ADOPTION OF MEETING AGENDA
D.	1.	B. CONSENT CALENDAR The following items listed on the Consent Calendar are considered routine and action taken by the Planning Commission is by a single motion. Any member of the Planning Commission, staff or the public may request that an item listed on the Consent Calendar be moved and action taken separately. In the event that an item is removed from the consent calendar, it shall be consider after the last scheduled item under New Business. Planning Commission Minutes of the regular meeting of February 13, 2008. Recommended Action: Approve as submitted.
E.		TOUR OF INSPECTION Items on this agenda containing an asterisk () are designated for the Tour of Inspection. Shortly after 5:30 p.m., the Planning Commission will leave the Community Center to inspect these sites and will return as soon thereafter as possible. The purpose of this inspection is to view the physical characteristics of the site only—no action is taken by the Planning Commission on the site. The Planning Commission may eliminate one or more sites on the tour identified with an asterisk (). The public is welcome to join the Planning Commission on its tour of inspection.

F.		COMMUNICATIONS/CORRESPONDENCE
G.		PUBLIC HEARINGS
	1.	U 2007-01 and DR 2007-01. Consideration of Conditional Use Permit and Design Review applications to allow the construction of a 2,225 square foot single-family residence with an attached 472 square foot garage located at 2945 Foothill Boulevard (APN 011-360-039) within the “RR-H”, Rural Residential-Hillside District. This application also includes a request to develop a 750 square foot residential second unit with a 750 square foot attached garage. The property owner is Victor Manuel Hernandez. This proposed action is exempt from the California Environmental Quality Act (CEQA) under Section 15303 of the CEQA Guidelines. Recommended Actions: a. File a Notice of Exemption for the Project pursuant to Section 15303 of the CEQA Guidelines as a Class 3 Exemption. b. Approve Conditional Use Permit (U 2007-01) and Design Review (DR 2007-01) applications to allow the construction of a 2,225 square foot single-family residence with an attached garage and a 750 square foot residential second unit with attached garage located at 2945 Foothill Boulevard (APN 011-360-039) within the “RR-H”, Rural Residential Hillside Zoning District, subject to conditions.
	2.	ZO 2008-01/DA 2007-02/TTM 2007-02/ DR 2008-01. Vineyard Oaks Subdivision – Zoning Ordinance Amendment, Development Agreement, Tentative Subdivision Map and Design Review. Consideration of a request to subdivide the properties located at 2400 Grant Street (APN 011-010-013 & 014) and 1881 Mora Avenue (APN 011-021-002) within the “RR”, Rural Residential District into 15 lots for single-family residential uses and associated ancillary residential uses, which may include light agricultural uses such as cultivation of vineyards. Recommended Actions: a. Adopt Planning Commission Resolution PC 2008-06 recommending to the City Council adoption of a Mitigated Negative Declaration based on an Initial Study prepared for the Vineyard Oaks Subdivision incorporating the findings and mitigation measures as provided in the resolution. b. Adopt Planning Commission Resolution PC 2008-07 recommending to the City Council approval of a Zoning Ordinance Text Amendment (ZO 2008-01) amending Chapter 17.08 to provide an alternative means for residential projects to satisfy the affordable housing requirements and incorporating the findings as provided in the resolution. c. Adopt Planning Commission Resolution PC 2008-08 recommending to the City Council approval of Development Agreement (DA 2007-02) incorporating the findings as provided in the resolution. d. Adopt Planning Commission Resolution PC 2008-09 recommending to the City Council approval of a Tentative Subdivision Map (TTM 2007-01) incorporating the findings and subject to conditions of approval as provided in the resolution. e. Adopt Planning Commission Resolution PC 2008-10 recommending to the City Council approval of Design Review (DR 2008-01) for the project incorporating the findings and subject to conditions of approval as provided in the resolution.
	3.	U 2006-17. Consideration of a use permit extension of time for a previously approved amendment to Calistoga Mineral Water’s original Use Permit adopted April 18, 1990, to allow the temporary bulk transfer of Geothermal Water in two tanker trucks from their Calistoga facility to a bottling facility in Healdsburg, California. This amendment was approved by the Planning Commission on January 24, 2007. The Calistoga Mineral Water property is located at 865 Silverado Trail, within the “I”, Industrial, and “CC-DD”, Community Commercial – Design District Zoning Districts (APN 011-050-024). This proposed action is exempt from the California Environmental Quality Act (CEQA) under Section 15301 of the CEQA Guidelines. Recommended Action: Based upon the staff’s analysis and the above findings, staff is recommending approval of only a six (6) month extension at this time thereby allowing for the continuation of temporary bulk transfer of geothermal water, subject to seven (7) conditions of approval. Staff further recommends that the balance of the eighteen (18) month request be processed concurrently with a new use permit for the installation and operation of a sparkling juice production line as reflected in the conditions of approval.
H.		NEW BUSINESS
I.		MATTERS INITIATED BY COMMISSIONERS
J.		DIRECTOR’S COMMENTS/PROJECT STATUS
K.		ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Wednesday, March 26, 2008 at 5:30 PM.

I declare that a copy of this Planning Commission agenda was posted at City Hall, 1232 Washington Street, among other locations within the Calistoga City Limits, at least three days prior to the hearing date.

Kathleen Guill,

Secretary to the Planning Commission

DECISION: The Planning Commission process is an important step in the permit review process required by the City of Calistoga Zoning Ordinance. For projects that require review by the City Council, the Commission’s action shall be a recommendation to the Council. In cases where no other action is required, the action of the Commission is final unless appealed within ten days of the decision.

APPEALS: Anyone that does not agree with the Planning commission’s decision or the conditions that may have been imposed by the Commission in approving an agenda item may appeal the commission’s action to the City Council. Appeals must be filed within ten (10) calendar days from the date of the Commission’s action. Appeals may be limited to those issues raised at the public meeting. For additional information concerning the requirements for filing an appeal, please contact the Planning & Building Department, 1232 Washington Street in Calistoga or call (707) 942-2827.

NOTICE: If you challenge a City’s zoning, planning, or other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. Judicial review of any City administrative decision may occur only if a petition is filed with the court not later than the 90^th day following the date upon which the decision becomes final. Judicial review of environmental court determinations may be subject to a shorter time period for litigation, in certain cases 30 days following the date of final decision.

SPECIAL ASSISTANCE: Pursuant to Title II of the Americans with Disabilities Act (codified at 42 United States Code Section 12101 and 29 Code of Federal Regulations Part 35), the City of Calistoga does not discriminate in the provision of any services, programs, or activities. If you are in need of special assistance to participate in this meeting, please contact the City Clerk’s office at 942-2807. Such notification 48 hours prior to the meeting will help the City make arrangements to enable your participation in the meeting.

PUBLIC COMMENTS: All speakers are asked to provide their name, address, and subject of discussion. Presentations to the Commission are generally limited to five minutes. Additional time may be granted by the Commission Chair as appropriate to the scope of the project.

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