City of Calistoga 
PLANNING COMMISSION
Special Meeting AGENDA

Wednesday, March 21, 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.

None.

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. NEW BUSINESS

H1. COUNTYWIDE BICYCLE PLAN AND CITY BICYCLE PLAN UPDATE:
Presentation from the Napa County Transportation and Planning Agency (NCTPA) on the proposed update of the Countywide Bicycle Plan and City of Calistoga Bicycle Transportation Plan.

H1 Staff Report    Attachment 1    Attachment 2
Attachment 3 Part 1    Attachment 3 Part 2    Attachment 3 Part 3
    
Recommended Action:
Review the updated plans and forward a recommendation to the City Council to support NCTPA’s adoption of the Countywide Bicycle Plan and City Bicycle Plan, subject to certification of the Mitigated Negative Declaration and incorporating the changes identified by Staff.

I. PUBLIC HEARINGS

I1. BRIAN ARDEN WINERY (ZO 2011-01; PD 2011-01; U 2011-12 & DR 2011-10): Consideration of a Zoning Text Amendment (ZO 2011-01), Preliminary and Final Development Plan (PD 2011-01), Conditional Use Permit (U 2011-12) and Design Review (DR 2011-10), requested by Burt Harlan, to establish a 10,000 case production winery and wine related uses including limited events, administrative offices, retail sales and tasting located at 331 Silverado Trail (APN 011-050-030) within the “PD”, Planned Development District.

I1 Staff Report    

Staff Report Attachments:

1. Vicinity Map
2. Draft Planning Commission Resolution PC 2012-05, Mitigated Negative Declaration
3. Draft Planning Commission Resolution PC 2012-06, Zoning Ordinance Text Amendment
    EXHIBIT A, Brian Arden Wines Planned Development District
4. Draft Planning Commission Resolution PC 2012-07, Preliminary/Final Development Plan, Conditional Use Permit and Design Review
5. California Department of Transportation letter dated March 2, 2012
6. W-trans, Response to Caltrans Comments dated March 9, 2012
7. Don Luvisi letter received February 3, 2012
8. City of Calistoga Letter dated February 10, 2012
9. Crane Transportation Group memorandum received February 6, 2012
10. Meibeyer Law Group letter received February 17, 2012
11. Bartelt Engineering letter dated February 14, 2012
12. W-trans letter dated February 13, 2012
13. Delta Consulting & Engineering letter dated February 13, 2012
14. Green Valley Consulting Engineers email dated February 17, 2012
15. Jones Family Vineyard letter dated March 5, 2012
16. Kennedy Brooks email received March 7, 2012
17. Karen Cakebread email received March 7, 2012
18. Piper Cole email received March 7, 2012
19. Elaine Sczuke letter received March 7, 2012
20. Jerry Baker letter received March 8, 2012
21. Dave Dexter email received March 10, 2012
22. Mitch and Tracey Hawkins received March 10, 2012
23. Thomas D. Vence letter received March 12, 2012
24. Daphne Araujo letter received March 12, 2012
25. David Goodrich letter received March 12, 2012
26. David Duncan, Twomey letter received March 12, 2012
27. Alf Burtleson letter received March 13, 2012
28. Robert Levenstein letter received March 13, 2012
29. Indian Springs Resort and Spa letter received March 14, 2012
30. Adam McClary email received November 16, 2012
31. Meibeyer Law Group letter received March 15, 2012
32. Joe Briggs letter received March 15, 2012
33. Douglas Sterk letter received March 15, 2012
34. Don Luvisi letter received March 15, 2012
35. Kate and Jack Berquist email received March 15, 2012
36. Architectural Plan Set prepared by Di Fede Design Group
37. Engineered Plan set prepared by James Cassayre

Recommended Actions:

A. Adopt Resolution PC 2012-06 recommending to the City Council
adoption of a Mitigated Negative Declaration based on an Initial Study prepared for the Brian Arden Winery Project incorporating the findings and mitigation measures as provided in the resolution.

    INITIAL STUDY and Attachments: 1) Project Plans, 2) Brian Arden Wines Draft Planned Development District (PD 2011-01), 3) RGH Consultants, Geotechnical Study Report, Brian Arden Winery, June 8, 2011, 4)Whitlock & Weinberger Transportation, Inc. Focused Traffic Impact Analysis for the Brian Arden Winery, dated November 29, 2011, and 5) Delta Consulting and Engineering, Brain Arden Winery Hydrology and Drainage Report, (Submittal No. 2), February 1, 2012, part 1, part 2, part 3, part 4.

B. Adopt Planning Commission Resolution PC 2012-07 recommending to the City Council approval of a Zoning Text Amendment (ZO 2011-01) incorporating the findings as provided in the resolution.

C. Adopt Planning Commission Resolution PC 2011-08 recommending to the City Council approval of a Preliminary/Final Planned Development Plan (PD 2011-01), Conditional Use Permit (U 2011-12) and a Design Review (DR 2011-10), and, for the project incorporating the findings and subject to the conditions of approval as provided in the resolution.

J. MATTERS INITIATED BY COMMISSIONERS

K. COMMENTS/PROJECT STATUS

L.  ADJOURNMENT
The next regular meeting of the Planning Commission is scheduled for Wednesday, March 28, 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 16, 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.