Wednesday, January 9, 2013                                                     Chairman Jeff Manfredi
5:30 PM                                                                                Vice Chairman Paul Coates
Calistoga Community Center                                                         Commissioner Carol Bush
1307 Washington St., Calistoga, CA                                        Commissioner Walter Kusener 
                                                                                           Commissioner Scott Cooper 
       
   “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. SALUTE TO THE FLAG

C. OATH OF OFFICE

C1. The City Clerk will administer the Oath of Office to the newly appointed Planning Commissioners who will then assume their seats.

D. 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.

E. ADOPTION OF MEETING AGENDA

F. COMMUNICATIONS/CORRESPONDENCE

F1. Distribution of 2012 Planning Commission’s Rules of Procedure.

Recommended Action: No action required. Review Rules and prepare for discussion, revision and/or confirmation during the January 23, 2013 Planning Commission meeting.

G. 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 considered after the last scheduled item under New Business.

G1. Planning Commission Regular Meeting Minutes of November 14, 2012.

Recommended Action: Approve the Consent Calendar as presented.

H. 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.

I. NEW BUSINESS

I1. Presentation of a Resolution honoring Nicholas Kite for his service on the Planning Commission from December 19, 2006 to November 20, 2012 and his commitment to the citizens of Calistoga.

Resolution

Recommended Action: Adopt Resolution.

I2. Election of 2013 Planning Commission Officers: Election of Planning
Commission Chair, Vice Chair and Secretary.

Staff Report

Recommended Actions: Elect a Chairperson, Vice-Chair and Secretary.

J. PUBLIC HEARINGS

J1. BERRY COTTAGES (PD 2012-01 and PM 2012-01): Consideration of a Planned Development application requested by the property owners, Robert and Valerie Beck and Thomas Crowley to include; 1) the rezoning of the property from an “R3”, Residential/Professional Office to a “PD”, Planned Development Zoning District, 2) a Parcel Map, 3) a Preliminary/Final Development Plan, and 4) a waiver from the undergrounding of utilities allowing the creation of 3 parcels from an already developed property located at 1110, 1112 and 1116 Berry Street (APN 011-242-001).

Staff Report

Attachments:

1. Draft Planning Commission Resolution, Rezone    Resolution_Part1    Exhibit A_Part2
2. Draft Planning Commission Resolution, Preliminary and Final Development Plan
3. Draft Planning Commission Resolution, Parcel Map
4. Draft Planning Commission Resolution, Waiver to Underground Utilities
5. Project Description Prepared by Applicant Received October 5, 2012
6. Vicinity Map
7. Land Use Context Map
8. Site Photos
9. 2012 Napa County Annual Income Limits – Affordable Rental Limits
10. Planning Commission Meeting Minute Excerpt dated June 13, 2012
11. Tentative Parcel Map

Recommended Actions:
A. File a Notice of Exemption for the Project pursuant to Section 15061(b)(3) of the CEQA Guidelines.

B. Adopt a Resolution recommending to the City Council the adoption of an Ordinance amending Title 17 (Zoning Ordinance) of the Calistoga Municipal Code rezoning the property located at 1110, 1112 & 1116 Berry Street (APN 011-242-001) from an “R3”, Residential/Professional Office District to the “PD 2012-01”, Berry Cottages Planned Development District.

C. Adopt a Resolution recommending to the City Council approval of a Preliminary/Final Planned Development Plan (PD 2012-01) for the Berry Cottages project located at 1110, 1112 & 1116 Berry Street (APN 011-242-001) incorporating the findings and subject to the conditions of approval as provided in the Resolution.

D. Adopt a Resolution recommending to the City Council approval of a Parcel Map (PM 2012-01) on the property located at 1110, 1112 & 1116 Berry Street (APN 011-242-001) incorporating the findings and subject to the conditions of approval as provided in the Resolution.

E. Adopt a Resolution recommending to the City Council approval of a waiver from the undergrounding of utilities on the property located at 1110, 1112 & 1116 Berry Street (APN 011-242-001) incorporating the findings as provided in the Resolution.

J2. Hartman & Summerfield Parking Variance (VA 2012-02)- Consideration of a Variance requested by the property owners, Ronald Hartman and Ingrid Summerfield to convert the existing single car garage to living space and allow parking within the front yard setback on the property located at 33 View Road (APN 011-061-023) within the “R1”, Single Family Residential Zoning District. The proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 of the CEQA Guidelines.

Staff Report

Recommended Action: Continue Public Hearing to January 23, 2013.

K. MATTERS INITIATED BY COMMISSIONERS

L. COMMENTS/PROJECT STATUS

M. ADJOURNMENT
The next meeting of the Planning Commission is a regular meeting scheduled for Wednesday, January 23, 2013, 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, January 4, 2012 no later than 4:30 p.m

Erik V. Lundquist,
Acting 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.