CITY OF CALISTOGA PLANNING COMMISSION REGULAR MEETING AGENDA

Wednesday, August 27, 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).

                                                            Downloadable Agenda

                                                                      MINUTES

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.

CONSENT CALENDAR

        E.

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.

        F.

COMMUNICATIONS/CORRESPONDENCE

        G.

NEW BUSINESS

1.

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 and -015) within the “R-3”, Residential/Professional Office Zoning District. (This item was continued from the regular Planning Commission meeting of August 13, 2008.) Attachment A, and B)

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

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

2. Are the uses and development intensity being proposed appropriate for this site?

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

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

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

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

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

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

        H.

1.

PUBLIC HEARINGS

Conditional Use Permit (U 2007-12) and Design Review (DR 2007-14). Consideration of a request by the applicants, Matthew and Adrian Moye for a Conditional Use Permit and Design Review to allow the development of a boutique winery with an annual production of up to 4,000 cases of wine. The proposed winery structure will be located near the existing residence and will be approximately 4,714 square feet in size and approximately 23’-6” in height, as measured from the average natural grade to the midpoint of the roof. An exception to the water connection requirements is also being requested to allow the use of ground water rather than City water. The property is located at 2280 Greenwood Avenue (APN 011-351-017) within the “RR”, Rural Residential Zoning District.  Attachments A,   B,   C)

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.

Recommended Actions:

1. Mitigated Negative Declaration

Adopt Planning Commission Resolution PC 2008-38 recommending to the City Council adoption of a Mitigated Negative Declaration based on an Initial Study prepared for the Moye Winery Project incorporating the findings and mitigation measures as provided in the resolution.

2. Water Exception

Adopt Planning Commission Resolution PC 2008-39 recommending that the City Council grant a water exception and allow a winery to use ground water rather than connect to the City’s water system on the property located at 2280 Greenwood Avenue (APN 011-351-017) within the “RR”, Rural Residential Zoning District, based upon the findings presented in the resolution and subject to conditions of approval.

3. Conditional Use Permit and Design Review

Adopt Resolution PC 2008-40 recommending approval of Conditional Use Permit (U 2007-12) and Design Review (DR 2007-14) allowing a winery, with an annual production of up to 4,000 cases, including wine tasting and retail sales on the property located at 2280 Greenwood Avenue (APN 011-351-017).

ZO 2008-03.  Consideration of a Zoning Ordinance Text Amendment, initiated by the City of Calistoga, Chapter 17.22.040 Downtown Commercial (DC) District - Allowed, Conditionally Permitted and Prohibited Uses of the Calistoga Municipal Code, to change review procedures for occupancy of an existing commercial space by a restaurant, bakery, cafe, or similar use, with or without outdoor dining, from a conditionally permitted use under Section 17.22.040(B) to a permitted use under Section to a permitted use under Section 17.22.040(A), subject to administrative review with public notice, Bars and uses with bars, live entertainment and/or dancing would remain as conditionally permitted uses.  This proposed action is exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines. Attachments A,  B,   and C     

3.

Recommended Action:   Adopt Resolution PC 2008-41 recommending to the City Council adoption of an Ordinance amending Chapter 17.22.040 Downtown Commercial (DC) District – Allowed, Conditionally Permitted and Prohibited Uses of the Calistoga Municipal Code, to change review procedures for occupancy of an existing commercial space by a restaurant, bakery, cafe, or similar use, with or without outdoor dining, from a conditionally permitted use under Section 17.22.040(B) to a permitted use under Section 17.22.040(A), subject to administrative review with public notice. Bars and uses with bars, live entertainment and/or dancing would remain as conditionally permitted uses.

ZO 2004-02.  Consideration of a Zoning Ordinance Text and Municipal Code Amendment establishing provisions to authorize sidewalk dining establishments within the public right-of-way in the Commercial Land Use Districts in the City of Calistoga.  This proposed action is exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines.

Recommended Action:  Continue Public Hearing to the regular Planning Commission meeting of September 24, 2008.

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, September 10, 2008 at 5:30 PM.