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2/8/2012 Planning Commission Regular Meeting

 

 CITY OF CALISTOGA
PLANNING COMMISSION
REGULAR MEETING AGENDA

Wednesday, February 8, 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        Video

Approved Minutes 

A. ROLL CALL

B. PLEDGE OF ALLEGINACE

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

E1. Memorandum from Dan Takasugi, Public Works Director, regarding the status of the Silverado Trail roundabout and Garnett Creek Bridge replacement projects by CalTrans.

E2. Memorandum from Ken MacNab, Planning and Building Manager, regarding General Plan language on the Highway 29 by-pass.

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 January 25, 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. U2011-05 and DR 2011-05
 Consideration of Conditional Use Permit and Design Review applications, requested by Joseph and Jill Cabral, to allow a new 30,000 gallon (approximately 12,600 cases) per year winery on the subject parcel with the construction of a new 5,214 square feet winery building and associated infrastructure. In addition, the project proposes to add to the available uses a new bicycle rental business on the property located at 963/965 Silverado Trail within the “CC-DD”, Community Commercial - Design District (APN 011-050-043).

H1 Staff Report        Attachment 1    Attachment 2    Attachment 3  
Attachment 4           Attachment 5    Attachment 6    Attachment 7 & 8

COMMUNICATION NO.1

Recommended Actions:

A.Staff recommends that the Planning Commission adopt Resolution PC 2012-01 adopting a Mitigated Negative Declaration, finding that with the inclusion of mitigation measures, the project will not have a significant adverse impact on the environment.

Initial Study     Attachment 1    Attachment 2

B. Staff is recommending that the Planning Commission adopt Resolution PC 2012-02 approving a Conditional Use Permit and Design Review allowing a new 30,000 gallon (approximately 12,600 cases) per year winery on the subject parcel with the construction of a new 5,214 square feet winery building and a bicycle rental business to occupy an existing space on the property located at 963/965 Foothill Boulevard within the “CC-DD”, Community Commercial - Design District (APN 011-050-043), based upon the findings and subject to conditions of approval contained in the Resolution.

H2. ZO 2012-01: Consideration of text amendments to the Calistoga Municipal Code, initiated by the City of Calistoga, amending Title17 (Zoning) to: (1) establish grape sourcing regulations for wineries located in the Rural Residential (RR) and Planned Development (PD) Zoning Districts; (2) establish grape sourcing requirements for wines poured for tasting in a “stand alone” winery tasting room; (3) clarify home occupation winery uses; and (4) update and clarify winery-related land use definitions.

H2 Staff Report    Attachment 1    Attachment 2    Attachment 3

 Attachment 4        Attachment 5    Attachment 6   Attachment 7  

 Attachment 8       Communications

Recommended Action: Approval of Resolution PC 2012-03 recommending to the City Council approval of text amendments to the Calistoga Municipal Code, revising Chapters 17.04 (Definitions), 17.14 (R-R Rural Residential District), 17.21 (Home Occupations), 17.22 (Commercial Land Use Districts), 17.24 (PD Planned Development District), and 17.26 (I Light Industrial District) of Title 17 (Zoning) to add new winery-related definitions and establish grape sourcing requirements for wineries and stand alone winery tasting rooms.

I. NEW BUSINESS

I1. Planning Commission Rules of Procedure. Annual review and/or revision of Planning Commission Rules of Procedure.

I1 Staff Report    Attachment 1

Recommended Action: Review the Planning Commission Rules of Procedures, provide recommendations for amendment and/or adopt the Rules as they currently exist.

J. MATTERS INITIATED BY COMMISSIONERS

K. COMMENTS/PROJECT STATUS

L. ADJOURNMENT

The next regular meeting of the Planning Commission is scheduled for Wednesday, February 22, 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, February 3, 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.

 

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