CITY OF CALISTOGA PLANNING COMMISSION REGULAR MEETING AGENDA

Wednesday, August 13, 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                                                 Downloadable Agenda

A.

ROLL CALL

        B.

SALUTE TO THE FLAG

        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.

1.

2.

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.

Planning Commission and City Council Special Joint Meeting Minutes of June 25, 2008. 

Planning Commission Minutes of the regular meeting of July 23, 2008.

Recommended Actions:  Approve as submitted.

         F.

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.

A 2008-01. Site Visit. Consideration of an Appeal of the Planning and Building Director’s determination that the business, Santa Fe West, is an allowed use not requiring a conditional use permit at 1421 Lincoln Avenue (APN 011-205-008).

        G.

COMMUNICATIONS/CORRESPONDENCE

        H.

*

1.

PUBLIC HEARINGS

A 2008-01.  Consideration of an appeal of the Planning and Building Director's determination that the business, Santa Fe West, is an allowed use not requiring a conditional use permit at 1421 Lincoln Avenue (APN 011-205-008) within the "DC" Downtown Commercial zoning district.  The Appellant claims that the business is a formula business as that term is defined in Section 17.04.132 of the Calistoga Municipal Code (CMC) and, therefore, should require a conditional use permit prior to operations per Section 17.22.040(B)(10) CMC. (This item was continued from the Regular Planning Commission meeting of July 23, 2008.)  (Staff Report, Attachments  2, and 3)

Recommended Action: Adopt Resolution PC 2008-27 denying Appeal 2008-01 and finding that Santa Fe West is an allowed use not requiring a conditional use permit at 1421 Lincoln Avenue (APN 011-205-008) within the “DC,” Downtown Commercial, zoning district.

 2.

Variance (VA 2006-08), Conditional Use Permit (U 2005-02) and Design Review (DR 2005-02). Consideration of a request by the applicant, Jaime Cortez for a Variance to allow a reduced streets and highway setback along Foothill Boulevard. The Applicant has also requested a Conditional Use Permit and Design Review to allow the existing residential structure to be relocated toward the northeastern most property corner, five feet of the front and side property lines and converted to office use all on the property located at 1003 Foothill Boulevard (APN 011-310-013) within the “DC-DD”, Downtown Commercial District. AND

Variance (VA 2006-09), Conditional Use Permit (U 2006-09) and Design Review (DR 2005-03). Consideration of a request by the applicant, Jaime Cortez for a Variance to allow a reduced streets and highway setback along Foothill Boulevard. The Applicant has also requested a Conditional Use Permit and Design Review to allow the renovation and expansion of the Vallarta Market. The establishment is currently within an existing 3,344 square foot two-story structure. The ground floor will be expanded from 1,980 square feet to 3,757 square feet to provide additional space for shelved goods, a dry storage room, expanded kitchen, two restrooms and expanded coolers. The second floor would be expanded from 1,394 square feet to 1,704 square feet to accommodate the conversion of the existing office/storage space to two new residential units, a one bedroom and a two-bedroom unit. The two-bedroom unit is replacement for the residential unit being displaced on the adjoining property at 1003 Foothill Boulevard. The property is located at 1009 Foothill Boulevard (APN 011-310-012) within the “DC-DD”, Downtown Commercial District.   (Staff Report, Attachments   1, 2,  3 ,  4,   and 5.)

In accordance with the California Environmental Quality Act (CEQA), the City of Calistoga, Planning and Building Department has prepared an Initial Study/CEQA Checklist for the above referenced project. The Planning and Building Department has determined that the proposed project as amended by the included mitigation measures will not have a significant adverse effect on the environment. The City of Calistoga intends to adopt the Mitigated Negative Declaration for the project. The comment period for the environmental document is July 4 to August 4, 2006.

Recommended Actions:

Vallarta Plaza Environmental Review (Mitigated Negative Declaration)

a. Adopt Planning Commission Resolution PC 2008-32 adopting a Mitigated Negative Declaration based on an Initial Study prepared for the Vallarta Plaza (Professional Offices and Market/Apartments) incorporating the findings and mitigation measures as provided in the resolution.

Vallarta Professional Office (Variance, Conditional Use Permit and Design Review)

a. Adopt Planning Commission Resolution PC 2008-33 approving a Variance (2006-09) allowing a reduced highway and streets setback along Foothill Boulevard based upon the findings and subject to conditions of approval as provided in the resolution.

b. Adopt Planning Commission Resolution PC 2008-34 approving a Conditional Use Permit (U 2006-09) and Design Review (DR 2005-03) to allow the existing residential structure to be relocated toward the northeastern most property and converted to office use based upon the findings and subject to conditions of approval as provided in the resolution.

Vallarta Market and Apartments (Variance, Conditional Use Permit and Design Review

a. Adopt Planning Commission Resolution PC 2008-35 approving a Variance (2006-08) allowing a reduced highway and streets setback along Foothill Boulevard based upon the findings and subject to conditions of approval as provided in the resolution.

b. Adopt Planning Commission Resolution PC 2008-36 approving a Conditional Use Permit (U 2005-02) and Design Review (DR 2005-02) allowing the renovation and expansion of the Vallarta Market, including two apartment units based upon the findings and subject to conditions of approval as provided in the resolution.

        I.

NEW BUSINESS

PA 2008-01, CDR 2008-01.  Conceptual Design Review for development of property locally referred to as the "former hospital property" into a twenty-five room inn and spa featuring the historic Francis House.  The project site, comprised of four parcels totaling approximately 1.02 acres in size, is located at the corner of Myrtle and Spring Streets (APNS 011-242-004, -008, -014, -015) within the "R-3", Residential/Professional Office Zoning District.  (Staff Report, Attachment  A, B, C, D,  E,  E2, and  F.)

Recommended Action:  Planning Commission review of the conceptual site plan and elevations, receive comments from the owner, the project team and the public, and provide preliminary comments to the owner and staff on the following as well as other issues of commission on the following as well as other issues of commission concern.

a.  Does the proposed renovation and re-use of the historic Francis House meet the City's historic preservation objectives?

b.  Are the uses and development intensity being proposed appropriate for thiS site?

c.  Are the development standards being contemplated for the planned rezone to a "PD", Planned Development Zoning District reasonable?

d.  Is the architecture of the project appropriate and compatible?

e.  Does the conceptual site plan adequately address interface conditions with surrounding uses?

f.  Is 6-foot high open metal fencing acceptable along Foothill Boulevard and Spring Street?

g.  Should the additional parcel be formally added as part of the MOU?

Please note that the Planning Commission comments during conceptual design review are advisory only and should not be considered by the applicant to be requirements of an endorsement of the project until a complete application is considered through the formal review process.

        H.

3.

PUBLIC HEARINGS (Continued)

DR 2008-08.  Consideration of a request for Design Review approval to (1) demolish an existing residential structure ("Yellow House") and detached shed located at 1409 Myrtle Street (APN 011-242-004); (2) demolish an existing residential structure ("Hite House") located at 1007 Spring Street (APN 011-242-015); (3) demolish the "hospital additions" to the Francis House located at 1403 Myrtle Street (APN 011-242-015); and (4) perform emergency interior stabilization work on the Francis House, including interior deconstruction and structural stabilization, removal of destroyed interior materials, and interim weatherization, at 1403 Myrtle Street (APN 011-242-015).  All of the subject properties are located within the "R-3", Residential/Professional Office Zoning District.  This proposed action is exempt from the California Environmental Quality Act (CEQA) under Sections 15301(1) and 15331 of the CEQA Guidelines.  (Staff Report, Attachments  A,   B,   C,  D,   and    E.)

Recommended Actions:

a. Direct Staff to file a Notice of Exemption for the Project pursuant to Sections 15301(l) and 15331 of the CEQA Guidelines.

b. Adopt PC Resolution 2008-37 approving Design Review (DR 2008-08) to allow for the (1) demolition of the Yellow House and detached shed located at 1409 Myrtle Street (APN 011-242-004); (2) demolition of the an White House located at 1007 Spring Street (APN 011-242-015); (3) demolition of the “hospital additions” to the Francis House located at 1403 Myrtle Street (APN 011-242-015); and (4) performance of emergency interior stabilization work on the Francis House, including interior deconstruction and structural stabilization, removal of destroyed interior materials, and interim weatherization, at 1403 Myrtle Street (APN 011-242-015), within the “R-3”, Residential/Professional Office Zoning District, subject to the findings presented in the Staff Report and conditions of approval.

         J.

MATTERS INITIATED BY COMMISSIONERS

    K.

DIRECTOR’S COMMENTS/PROJECT STATUS

1.

Urban Design Plan status update.

L.

ADJOURNMENT

The next regular meeting of the Planning Commission is scheduled for Wednesday, August 27, 2008 at 5:30 PM.