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Planning Commission Meeting

Special Meeting

CITY OF CALISTOGA

PLANNING COMMISSION

SPECIAL MEETING AGENDA

Wednesday, March 05, 2008

Chairman Jeff Manfredi

5:30 PM

Vice- Chairman Clayton Creager

Calistoga Community Center

Commissioner Carol Bush

1307 Washington St., Calistoga, CA

Commissioner Paul Coates

Commissioner Nicholas Kite

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).

  MEETING MINUTES

(This Agenda was continued from the Planning

Commission regular meeting of February 27, 2008.)

A.

ROLL CALL

B.

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.

C.

ADOPTION OF MEETING AGENDA

D.

COMMUNICATIONS/CORRESPONDENCE

E.

PUBLIC HEARINGS

1.

U 2008-01/DR 2008-02. Consideration of Conditional Use Permit and Design Review applications to allow seismic retrofitting, renovation and expansion of Calistoga Fire Station No. 1 located at 1111 Washington Street (APN 011-231-003) within the “DC-DD”, Downtown Commercial-Design District zoning district. Improvements to the existing 6,100 square foot facility include structural and façade enhancements, remodeling of the living quarters and administrative areas, expansion of the training area, and addition of a new front lobby area. The proposed improvements will increase the size of the existing facility by approximately 1,500 square feet. The property owner is the City of Calistoga. The proposed project is exempt from the California Environmental Quality Act (CEQA) under Section 15301 (Class 1 - Existing Facilities) of the CEQA Guidelines.

Recommended Action:

a. Recommend that the City Council direct Staff to file a Notice of Exemption for the Project pursuant to Section 15301 of the CEQA.

b. Adoption of a Resolution recommending Conditional Use Permit (U 2008-01) and Design Review (DR 2008-02) approval to allow seismic retrofitting, renovation and expansion of Calistoga Fire Station No. 1 located at 1113 Washington Street (APN 011-231-003) within the “DC-DD”, Downtown Commercial-Design District zoning district, subject to conditions of approval.

2.

DR 2004-15. Review of Final Landscape and Lighting Plan for the Palisades Apartments pursuant to Conditions 4 and 5 of PC Resolution 2006-10. On March 22, 2006 a Design Review application was approved (and as subsequently extended on April 11, 2007) for the construction of a 24-unit workforce housing apartment complex by Calistoga Affordable Housing, Inc on a 1.13 acre parcel adjacent to the Solage Spa & Resort Project. A status update regarding this project will also be provided. The subject property is located at 40 and 42 Brannan Street within the Planned Development PD 2003-1 Palisades Resort & Spa Zoning District (APN 011-050-046). In accordance with CEQA Guidelines this proposed action was considered an activity within the Final Environmental Impact Report certified by the City Council for the Palisades Resort and Spa and Apartment Project on December 7, 2004.

ReRecommended Action: Adopt Resolution PC 2008-11 approving Conditions 4 and 5 of PC Resolution 2006-10 for Design Review (DR 2004-15) and Condition 23 of City Council Resolution 2004-109 for Use Permit (UP 2004-16), for the construction of a 24-unit workforce housing apartment complex by Calistoga Affordable Housing, Inc. on a 1.13 acre parcel adjacent to the Solage Spa & Resort Project located at 40 and 42 Brannan Street within the Planned Development PD 2003-1 Palisades Resort & Spa Zoning District, based on the findings presented in the Staff Report and subject to conditions of approval.

3.

ZO 2007-05. Consideration of an Ordinance, initiated by the City of Calistoga, amending the Calistoga Municipal Code (Title 17 Zoning) to add Sexually Oriented Retail Businesses as a conditionally permitted use within the “DC” Downtown Commercial and “CC” Community Commercial Zoning Districts, and adding appropriate definitions and specific regulations to the Zoning Ordinance. This proposed action is exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines. (This item was continued from the Planning Commission regular meeting of January 23, 2008.)

Recommended Action: Continue Zoning Ordinance Amendment ZO 2007-05 to the regular Planning Commission meeting of March 12, 2008.

H.

NEW BUSINESS

I.

MATTERS INITIATED BY COMMISSIONERS

J.

DIRECTOR’S COMMENTS/PROJECT STATUS

K.

ADJOURNMENT

The next regular meeting of the Planning Commission is scheduled for Wednesday, March 12, 2008 at 5:30 PM.

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, at least three days prior to the hearing date.

Kathleen Guill,

Secretary to the Planning Commission

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 at, or prior to, the public hearing. Judicial review of any City administrative decision may occur 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 court 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 (codified at 42 United States Code Section 12101 and 29 Code of Federal Regulations Part 35), the City of Calistoga does not discriminate in the provision of any services, programs, or activities. If you are in need of special assistance to participate in this meeting, please contact the City Clerk’s office at 942-2807. Such notification 48 hours prior to the meeting will help the City make arrangements to enable your participation in the meeting.

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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