“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    Meeting 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.

F1. Minutes from the June 13, 2012 Regular 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. ARCO (MORE 4 LESS): Consideration of a Design Review (DR 2012-01) application to upgrade the exterior imagery at the service station by: installing new decals and laserline lighting to canopy; replacing under-canopy lights; and refacing gas dispensers located at 940 Petrified Forest Road (APN 011-370-024) within the “CC-DD”, Community Commercial-Design District. No changes to use or operations are being proposed as part of this application. This proposed action is exempt from the California Environmental Quality Act (CEQA) under Section 15301 of the CEQA Guidelines.

H1 Staff Report

Attachments
1) Vicinity Map
2) Resolution PC 2012 -
3) Figure LU-6 and Corresponding Narrative: Entry Corridors
4) Figure LU-7 and Corresponding Narrative: Petrified Forest Gateway
5) Photo Example of Bullnose Detail and Awning Color
6) Site Plan and Imagery Details

Recommended Actions:

A. File a Notice of Exemption for the Design Review pursuant to Section 15303 of the CEQA Guidelines.

B. Approve Design Review (DR 2012-01) to upgrade the exterior imagery at the service station by: installing new decals and laserline lighting to canopy; replacing under-canopy lights; and refacing gas dispensers located at 940 Petrified Forest Road (APN 011-370-024) within the “CC-DD”, Community Commercial-Design District Overlay Zoning District, subject to conditions of approval.

H2. BOUNSALL CONTRACTOR YARD: Consideration of a request to determine if a Contractor’s Office and Storage Yard is an allowable use in the “I”, Light Industrial Zoning District pursuant to Section 17.26.020(K) of the Calistoga Municipal Code and consideration of a request for Conditional Use Permit (U 2012-04) to allow the operation of a contractor’s office and storage yard on the property located at 414 Foothill Boulevard (APN 011-260-045 to -052; 011-260-076) within the “I”, Light Industrial Zoning District. The project is exempt from environmental review pursuant to Section 15303 of the CEQA Guidelines.

H2 Staff Report

Attachments
1) Vicinity Map
2) Draft PC Resolution PC 2012 - _(Similar Use Determination)
3) Draft PC Resolution PC 2012 - _(Bounsall Use Permit)
4) Applicant's Written Project Summary & Supporting Site Layout
5) Site Photographs
6) General Plan Map Land Use Designations, Figure LU-4 & Light Industrial Land Use Designation Description
7) Zoning Map
8) "I" Light Industrial Regulations (Chapter 17.26 Calistoga Municipal Code)

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. Determine pursuant to Section 17.02.190 of the Calistoga Municipal Code that a contractor’s office and storage yard are similar to those uses listed in the “I”, Light Industrial Zoning District.

C. Approve Conditional Use Permit (U 2012-04) to allow a contractor’s office and storage yard located on the property located at 414 Foothill Boulevard (APN 011-260-045 to -052; 011-260-076) within the “I”, Light Industrial Zoning District, subject to conditions of approval.

I. NEW BUSINESS

J. MATTERS INITIATED BY COMMISSIONERS

K. COMMENTS/PROJECT STATUS

L. ADJOURNMENT

The next meeting of the Planning Commission is a special meeting scheduled for Wednesday, July 18, 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,
July 6, 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.