Wednesday, November 14, 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). 

Agenda    Approved Minutes    Meeting Video

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

1.    Comment Letter from Doug Cook dated November 12, 2012 (Initial Study)
2.    Comment Letter from Doug Cook dated November 12, 2012 (Staff Report and Development Agreement)

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.

F1. Minutes from the October 24, 2012 Regular Planning Commission meeting

F2. Planning Commission 2013 regular meeting schedule

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. INDIAN SPRINGS RESORT EXPANSION (U 2011-11): Consideration of a Conditional Use Permit (U 2011-11), Design Review (DR 2011-09) and Development Agreement (DA 2011-01) requested by John Merchant, on behalf of Resort at Indian Springs, LLC, allowing 75 additional guest rooms, a restaurant, event building, gym & yoga studio and hotel registration building. Landscaping, new parking areas, driveways and pedestrian pathways will also be developed. On and off site water, sewer, recycled water and storm drainage improvements will be installed to serve this project located on the 16 acre site at 1712 Lincoln Avenue (APN 011-340-019) within the “CC-DD”, Community Commercial - Design District.

In accordance with the California Environmental Quality Act (CEQA), the City of Calistoga, Planning and Building Department has prepared an Initial Study/CEQA Checklist for the above referenced project. The Planning Commission will be asked to make a recommendation to the City Council determining that the proposed project as amended by the included mitigation measures will not have a significant adverse effect on the environment. The City of Calistoga intends to adopt the Mitigated Negative Declaration for the project. Additional comments will be considered at the public hearing. 

Staff Report    

Staff Memorandum - Response to Public Comments

Attachments:

1. Vicinity Map 

2. Draft PC Resolution Mitigated Negative Declaration
3. Draft PC Resolution Conditional Use Permit and Design Review
4. Draft PC Resolution Development Agreement
5. Draft Development Agreement
6. Water Tank and Retaining Wall Exhibit prepared by BKF
7. Fence Detail for Indian Springs Resort
8. Letter from the Department of Conservation dated November 1, 2012
9. Proposed Resort Expansion Plans (Engineered Plans & Architectural Plans)
10. Initial Study (w/o Technical Appendices)

Technical Appendices attached to the Initial Study can be viewed and downloaded from this link. 

Recommended Actions:

A. Adopt a Resolution recommending that the City Council adopt a Mitigated Negative Declaration, finding that with the inclusion of mitigation measures, the project will not have a significant adverse impact on the environment.

B. Adopt a Resolution recommending to the City Council approval of a Conditional Use Permit (U 2011-11) and Design Review (DR 2011-09) for the project incorporating the findings and subject to the conditions of approval as provided in the Resolution.

C. Adopt a Resolution recommending to the City Council approval of a Development Agreement (DA 2011-01) incorporating the findings as provided in the Resolution.


I.  NEW BUSINESS    

J. MATTERS INITIATED BY COMMISSIONERS

K. COMMENTS/PROJECT STATUS

L. ADJOURNMENT
The next meeting of the Planning Commission is a regular meeting scheduled for Wednesday, November 28, 2012, at 5:30 p.m.

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,
November 9, 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.