Agendas & Minutes

Name: Planning Commission Meeting 04/09/08
Start: 2008-04-10T00:30+00:00
End: 2008-04-10T06:59+00:00
Location: Community Center

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Planning Commission Meeting 04/09/08

Regular Meeting

Date: 04/09/2008 5:30 PM 04/09/2008 5:30 PM 04/09/2008
Location: Community Center
1307 Washington Street
Calistoga, California 94515

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CITY OF CALISTOGA PLANNING COMMISSION REGULAR MEETING AGENDA
Wednesday, April 09, 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). Click here for Downloadable Version 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. 2. 3.	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 27, 2008 Planning Commission Minutes of the special meeting of March 05, 2008 Planning Commission Minutes of the regular meeting of March 12, 2008 Recommended Action: Approve as submitted.
E.		COMMUNICATIONS/CORRESPONDENCE
F.		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
G.		PUBLIC HEARINGS
	1.	PM 2006-01(E). Consideration of an extension of time for a previously approved Tentative Parcel Map (PM 2006-01 – MacPhail) to divide a 31,200 square foot lot in the R-1, single-family residential, zoning district into three lots. The property is located at 1716 Foothill Boulevard (APN 011-192-016). This proposed action is exempt from the California Environmental Quality Act (CEQA) under Section 15315 of the CEQA Guidelines. (Report Cover, Staff Report, Attachment 1, Attachment 2, Attachment 3, Attachment 4, and Attachment 5) Recommended Action: 1. Direct Staff to file a Notice of Exemption for the Project based on the findings and pursuant to Section 15315 of the CEQA Guidelines. 2. Adopt Resolution PC 2008-14 approving a one-year time extension for the MacPhail/Tulloch Tentative Parcel Map (PM 2006-01), based on the findings and subject to conditions of approval.
	2.	ZO 2008-02. Consideration of a Zoning Ordinance Text Amendment, initiated by the City of Calistoga, Chapter 17.38 General Provisions and Exceptions of the Calistoga Municipal Code, in order to allow limited increases in lot coverage within residential zoning districts. This proposed action is exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines. (Report Cover, Staff Report, Attachment 1, Attachment 2, and Attachment 3) Recommended Action: Review the alternatives presented in this staff report, identify a preferred alternative, and direct staff to prepare a draft text amendment to the Zoning Ordinance for the Commission to review and recommend to the City Council for consideration at the meeting of April 23, 2008.
	3.	ZO 2007-05. Consideration of an Ordinance, initiated by the City of Calistoga, amending the Calistoga Municipal Code (Title 17 Zoning) to add Sexually Oriented Retail Businesses as a conditionally permitted use within the “DC” Downtown Commercial and “CC” Community Commercial Zoning Districts, and adding appropriate definitions and specific regulations to the Zoning Ordinance. This proposed action is exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines. (This item was continued from the Planning Commission special meeting of March 05, 2008.) Recommended Action: Continue Zoning Ordinance Amendment (ZO 2007-05) to April 23, 2008.
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, April 23, 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.