Wednesday, June 13, 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     Approved Minutes     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 

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 May 23, 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. SCOOPS AND SWIRLS SIGN (DR 2012-04): Consideration of Design Review requested by Brian and Lynn Sereni, on behalf of Scoops & Swirls, to allow an interior illuminated sign on the property located at 1473-A Lincoln Avenue (APN 011-205-017) within the “DC-DD” Downtown Commercial-Design District. This proposed action is exempt from the California Environmental Quality Act (CEQA) under Section 15311 of the CEQA Guidelines.

Staff Report

Attachments:

1. Vicinity Map

2. Draft Design Review Resolution PC 2012-16

3. Project Plan and Diagram

Recommended Actions:
A. File of a Notice of Exemption for the Project pursuant to Section 15311 of the CEQA Guidelines.
B. Approve Design Review (DR 2012-04) allowing the installation of an interior illuminated sign on the property located at 1473 Lincoln Avenue, Suite A (APN 011-205-017) within the “DC-DD”, Downtown Commercial – Design District, based upon the Findings presented in the staff report and subject to conditions of approval. 
 

H2. HOUSING ELEMENT IMPLEMENTATION (CMC 2012-01): Consideration of text amendments to the Calistoga Municipal Code, initiated by the City of Calistoga, amending Title17 (Zoning) and Title 19 (Environmental Protection) to: (1) establish transitional and supportive housing as recognized uses in the R-1, R-2, and R-3 Zoning Districts; (2) allow emergency shelters “by right” in the CC Zoning District; (3) amend provisions of the Growth Management System program to remove potential constraints to housing development and add lower-income and special needs housing groups as a priority class; and (4) allow agricultural employee housing for six or fewer persons in the R-1 Zoning District by right. The proposed amendments are exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines.

Staff Report

Attachments:

1. PC Resolution No. 2012-17

2. Exhibit A - Draft Ordinance

3. Correspondence from State Department Housing and Community Development, dated May 10, 2011

4. "Track-Changes" version of Proposed Municipal Code Admendments.

Recommended Action:
Adopt Planning Commission Resolution PC 2012-17 recommending that the City Council approve text amendments to the Calistoga Municipal Code, revising Chapters 17.04 (Definitions), 17.16 (R-1 Single-Family Residential District), 17.18 (R-2 Multiple-Family Residential District), 17.19 (R-3 Residential/Professional Office District), 17.22 (Commercial Land Use Districts) and Chapter 19.02 (Growth Management System) to implement program actions contained in the General Plan Housing Element. 

  
I. NEW BUSINESS

I1. BERRY STREET COTTAGES (CDR 2012-01): Review of conceptual
plans to rezone and subdivide a 7,200 square foot property located on the corner of Berry and Myrtle Streets into three 2,400 square foot lots. The subject property is currently developed with three small detached homes. Each of the existing homes would be retained on an individual lot as part of the project. No action on the conceptual plans is being requested at this time. The project site is located at 1110 Myrtle Street (APN 011-242-001) within the “R-3”, Residential/Professional Office Zoning District.

Staff Report

Attachments:

1. Vicinity Map
2. Context Map

3. Owner's Statement

4. Conceptual Subdivision Plan

5. Site Photos

6. 2012 Napa County Income Limits

Recommended Action:
Review the conceptual site plan, receive comments from the owner and the public, and provide preliminary comments to the owner and staff.

J. MATTERS INITIATED BY COMMISSIONERS

K. COMMENTS/PROJECT STATUS

L. ADJOURNMENT
The next regular meeting of the Planning Commission is scheduled for Wednesday, June 13, 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, June 8, 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.