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Planning Commission Meeting 07/23/08

Regular Meeting

CITY OF CALISTOGA

PLANNING COMMISSION

REGULAR MEETING AGENDA

Wednesday, July 23, 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).

               MEETING MINUTES

 

A.

ROLL CALL                                          Downloadable Agenda

      B.

SALUTE TO THE FLAG

      C.

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.

      D.

ADOPTION OF MEETING AGENDA

      E.

1.

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 July 09, 2008

Recommended Action:  Approve as submitted.

      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.

COMMUNICATIONS/CORRESPONDENCE

     H.

NEW BUSINESS

1.

Receive a report regarding the City's Floodplain Management regulations and a summary of Flood Hazard Area mapping changes adopted by the Federal Emergency Management Agency. (Staff Report, Attachment 1 & 2, Attachment 3, and  Attachment 4)
Recommended Action: Receive report and discuss.

I.

1.

1.

PUBLIC HEARING

A 2008-01. Consideration of an Appeal of the Planning and Building Director’s determination that the business, Santa Fe West, is an allowed use not requiring a conditional use permit at 1421 Lincoln Avenue (APN 011-205-008) within the “DC,” Downtown Commercial, zoning district. The Appellant claims that the business is a formula business as that term is defined in Section 17.04.132 of the Calistoga Municipal Code (CMC) and, therefore, should require a conditional use permit prior to operations per Section 17.22.040(B)(10) CMC.  (Staff Report, Attachment 1, Attachment 2, Attachment 3, Attachment 4, Attachment 5, and Attachment 6)

Recommended Action: Adopt Resolution PC 2008-27 upholding the Planning and Building Director’s determination that the business, Santa Fe West, is an allowed use not requiring a conditional use permit at 1421 Lincoln Avenue (APN 011-205-008) within the “DC,” Downtown Commercial, zoning district.

J.

MATTERS INITIATED BY COMMISSIONERS

K.

DIRECTOR’S COMMENTS/PROJECT STATUS

1.

Urban Design Plan Update

2.

Resolution establishing a stipend of $50.00 per meeting for the Planning Commission pursuant to Calistoga Municipal Code Section 2.21.

L.

ADJOURNMENT

The next regular meeting of the Planning Commission is scheduled for Wednesday, August 13, 2008 at 5:30 PM.

POSTING: 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, on Friday, July 18, 2008.

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 Planning Commission at, or prior to, the public hearing. Judicial review of any City administrative decision may be heard only if a petition is filed with the court not later than the 90th day following the date upon which the decision becomes final. Judicial review of environmental 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: In compliance with the American Disabilities Act, if you need special assistance to participate in this meeting please contact the Planning and Building Department at (707-942-2827. Notification forty-eight (48) hours prior to the meeting will enable the City to make reasonable arrangement to ensure accessibility to this meeting. (28 DFR 35.102-35-104 ADA Title II).

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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