Agendas & Minutes

Name: Planning Commission Meeting
Start: 2008-09-25T00:30+00:00
End: 2008-09-25T06:59+00:00
Location: Calistoga Community Center

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Planning Commission Meeting

09/24/2008

Date: 09/24/2008 5:30 PM 09/24/2008 5:30 PM 09/24/2008
Location: Calistoga Community Center
1307 Washington Street
Calistoga, California 94515

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CITY OF CALISTOGA PLANNING COMMISSION REGULAR MEETING AGENDA
Wednesday, September 24, 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.		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 1. Planning Commission regular meeting minutes of August 27, 2008. Recommended Action: Approve the Planning Commission Minutes as presented.
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.	1.	PUBLIC HEARING DR 2008-08. Consideration of a Design Review requested by Jim Mayfield, on behalf of Rainbow Ag Services, for the installation of an interior illuminated sign pursuant to the Chapter 17.58.060.B.10 Signs Requiring a Permit - Interior Illuminated Signs. The subject property is located at 1856 Lincoln Avenue (APN 011-050-010) within the "CC-DD" Community Commercial-Design District. This proposed action is exempt from the California Environmental Quality Act (CEQA) under Section 15311 of the CEQA Guiidelines. (Staff Report, Attachment 1, and Attachment 2)
	2.	Recommended Actions: 1. Direct Staff to file a Notice of Exemption for the Project pursuant to Section 15332 of the CEQA Guidelines. 2. Adopt PC Resolution 2008-29 approving Design Review (DR 2008-09) to allow an interior illuminated monument sign located at 1856 and Lincoln Avenue (APN 011-050-010) within the “CC-DD”, Community Commercial - Design District, subject to the findings presented in the Staff Report and conditions of approval. U 2007-13 and DR 2007-17. Consideration of Conditional Use Permit and Design Review applications to establish a commercial massage therapy business (Body Works) in a 720 square foot structure being added to an existing residence on property located at 813 Washington Street (APN 011-234-007) within the "CC-DD" Commercial-Design District Overlay Zoning District. The proposed proposed project is exempt from the California Environmental Quality Act (CEQA) under Section 15303 (Class 3 - New Construction of Small Structures) of the CEQA Guidelines. (Staff Report, Attachment 1, Attachment 2, Attachment 3, and Attachment 4)
	3.	Recommended Actions: 1. Direct Staff to file a Notice of Exemption for the Project pursuant to Section 15303 of the CEQA Guidelines as a Class 3 Exemption. 2. Adopt Resolution PC 2008-42 approving Conditional Use Permit (U 2007-13) to allow operation of a commercial massage therapy business in a 720 square foot addition to an existing residence on property located at 813 Washington Street (APN 011-234-007) within the “CC-DD”, Community Commercial-Design District Overlay Zoning District, based upon the Findings presented in the staff report and subject to conditions of approval. U 2008-07. Consideration of a Conditional Use Permit Amendment requested by Walter Marchant, on behalf of the Garnett Creek Inn, to amend Conditional Use Permit (U 2001-01) allowing an increase in housing rental rates as required pursuant to Condition 4, which stipulates that four of the existing apartments be retained at current rent levels or at a rate of $525.00 per month. The subject property is located at 1139 Lincoln Avenue (APN 011-252-001) within the "DC-DD", Downtown Commercial - Design District. This proposed action is exempt from the California Environmental Quality Act (CEQA) under Section 15332 of the CEQA Guidelines. (Staff Report, Attachment 1, Attachment 2, Attachment 4, and Attachment 5)
	4.	Recommended Actions: 1. Direct Staff to file a Notice of Exemption for the Project pursuant to Section 15332 of the CEQA. 2. Adopt Resolution PC 2008-28 approving Conditional Use Permit Amendment (U 2008-07) amending Condition No. 4 of Conditional Use Permit (U 2001-01) allowing an annual increase in rental rates for Units 1, 3, 4 & 5 on the property located at 1139 Lincoln Avenue (APN 011-252-001) within the “DC”, Downtown Commercial Zoning District, subject to conditions of approval. 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. (This item was continued from the Planning Commission regular meeting of August 27, 2008.) (Staff Report and Attachment 1) Recommended Action: Receive a presentation, solicit public comments, provide staff direction and continue this item to the Planning Commission Meeting of October 8, 2008 to accommodate any changes requested by the Commission.

I.		NEW BUSINESS
J.		MATTERS INITIATED BY COMMISSIONERS
K.		DIRECTOR’S COMMENTS/PROJECT STATUS
L.		ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Wednesday, October 08, 2008 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, September 19, 2008 at 12:00 p.m.

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 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.

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