City of Calistoga
PLANNING COMMISSION AGENDA

Wednesday, March 28, 2012                                                           Chairman Jeff Manfredi
5:30 PM                                                                                             Vice Chairman Paul Coates
Calistoga Community Center                                                          Commissioner Carol Bush
1307 Washington St., Calistoga, CA                                        Commissioner Nicholas Kite 
                                                                                  Commissioner Walter Kusener

            “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). 

Printable Agenda    Video    Approved Minutes

A. ROLL CALL

B. PLEDGE OF ALLEGIANCE

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. COMMUNICATIONS/CORRESPONDENCE

F. 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.

1. Draft Minutes from the March 14, 2012 Planning Commission meeting.

Recommended Action: Approve the Consent Calendar as presented.

G. 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.

H. PUBLIC HEARINGS

H1. SILVER ROSE RESORT EXPANSION: Consideration of a Zoning Text Amendment (ZO 2011-03), Preliminary and Final Development Plan (PD 2011-02), Conditional Use Permit (U 2011-14) and Design Review (DR 2011-12), Tentative Subdivision Map (TTM 2011-01), Development Agreement (DA 2011-02) requested by Silver Rose Joint Venture, to demolish the existing resort and single-family dwelling, and construct a new resort consisting of an 85-room hotel, restaurant, spa, events, 10,000 case production winery with retail sales and tasting, and 21 single family dwellings located on a 22.5 acre site at 400 Silverado Trail (APNs 011-050-035, 036, 037, 039,and 040) within the “PD”, Planned Development District.

Item H-1.    Staff Report    

Attachments
1. Vicinity Map
2. Draft Planning Commission Resolution PC 2012-09, Mitigated Negative Declaration
3. Draft Planning Commission Resolution PC 2012-10, Zoning Text Amendment, Exhibit A
4. Draft Planning Commission Resolution PC 2012-11, Conditional Use Permit, Design Review , Preliminary/Final Planned Development Plan
5. Draft Planning Commission Resolution PC 2012-12, Tentative Subdivision Map
6. Draft Planning Commission Resolution PC 2012-13, Development Agreement
7. Traffic Study for the Silver Rose Project dated February 14, 2012
8. Napa County Department of Public Works letter dated March 20, 2012
9. Engineered Plan Set received February 27, 2012 (Available Upon Request)
10. Architectural Plan Set received February 27, 2012
11. Silver Rose Narrative, Air Quality Assessment, Arborist Report, Biological Assessment, Cultural Resources Report, Earthwork Volumes, Fire Protection Report, Geotechnical Report, Hydrology Study, Noise Assessment, Water and Wastewater Demand Study, dated February 27, 2012.
12.Planning Commission Minutes dated June 22, 2011
13. City Council Minutes dated July 19, 2011
14. Levenstein Letter date March 13, 2012
15. Draft Development Agreement
16. Omni-Means Parking Analysis dated January 26, 2012.

Recommended Actions:

A. Adopt Resolution PC 2012-09 recommending to the City Council
adoption of a Mitigated Negative Declaration based on an Initial Study prepared for the Silver Rose Resort project incorporating the findings and mitigation measures as provided in the resolution.

Initial Study     

B. Adopt Planning Commission Resolution PC 2012-10 recommending to the City Council approval of a Zoning Text Amendment (ZO 2011-03) incorporating the findings as provided in the resolution.

C. Adopt Planning Commission Resolution PC 2012-11 recommending to the City Council approval of a Preliminary/Final Planned Development Plan (PD 2011-02), Conditional Use Permit (U 2011-14) and a Design Review (DR 2011-12), and, for the project incorporating the findings and subject to the conditions of approval as provided in the resolution.

D. Adopt Planning Commission Resolution PC 2012-12 recommending to the City Council approval of a Tentative Subdivision Map (TTM 2011-01) incorporating the findings and subject to conditions of approval as provided in the resolution.


E. Adopt Planning Commission Resolution PC 2012-13 recommending to the City Council approval of a Development Agreement (DA 2011-02) incorporating the findings as provided in the resolution.

I. NEW BUSINESS

J. MATTERS INITIATED BY COMMISSIONERS

K. COMMENTS/PROJECT STATUS

L. ADJOURNMENT
The next regular meeting of the Planning Commission is scheduled for Wednesday, April 11, 2012, 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, March 23, 2012 no later than 4:30 p.m

Ken MacNab,
Planning Commission Secretary

All Planning Commission reports for items on this Agenda are available online at http://www.ci.calistoga.ca.us. For additional information, please call the Planning and Building Department at 707-942-2827.

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 Council 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.