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Name: November 12, 2008 Planning Commission Meeting
Start: 2008-11-13T01:30+00:00
End: 2008-11-13T07:59+00:00
Location: Calistoga Community Center

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November 12, 2008 Planning Commission Meeting

Date: 11/12/2008 5:30 PM 11/12/2008 5:30 PM 11/12/2008
Location: Calistoga Community Center
1307 Washington Street
Calistoga, California 94515

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CITY OF CALISTOGA PLANNING COMMISSION REGULAR MEETING AGENDA
Wednesday, November 12, 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
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 Communications Received 11/12/08 1. Joe and Donna Mathews 2. Paul Smith 3. Jag Patel
F.	1.	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 Minutes for the regular meeting of August 13, 2008. This item was continued from the regular Planning Commission meeting of October 22, 2008.
	2.	Planning Commission Minutes for the regular meeting of September 24, 2008.
	3.	2009 Planning Commission Meeting Schedule Recommended Actions: Approve 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 U 2007-11 and DR 2007-13. Calistoga Village Inn and Spa - Consideration of a Conditional Use Permit (U 2007-11) ajd Design Review (DR 2007-13) requested by Jagdish Patel of Silverado Lodging Company, LLC, to allow the redevelopment of the 5.17 acre property: including demolition of the existing uses and structures, and the redevelopment and operation of an 80 unit visitor accomodation, spa, restaurant and conference center totaling 82,933 square feet all on the property located at 1880 Lincoln Avenue within the "CC-DD", Community Commercial - Design District (APn 011-050-041).
		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 Commission 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. Additional comments will be considered at the public hearing. Staff Report Mitigated Negative Declaration Resolution PC 2008-45 Conditional Use Permit and Design Review Resolution PC 2008-46 Attachments 3-6 Letters and Plans Recommended Actions: a. Adopt Planning Commission Resolution PC 2008-45 adopting a Mitigated Negative Declaration based on an Initial Study prepared for the Calistoga Village Inn and Spa Redevelopment Project incorporating the findings and mititgation measures as provided in the resolution. b. Adoopt Planning Commission Resolution PC 2008-46 approving a Conditional Use Permit (U 2007-11) and Design Review (DR 2007-13) allowing the Calistoga Village Inn and Spa Redevelopment Project incorporating the findings and subject to conditions of approval as provided in the resolution.
	2.	ZO 2008-04 Consideration of a Zoning Ordinance Text Amendment, initiated by the City of Calistoga, to amend Chapter 17.22.040(A) Downtown Commercial (DC) District - Allowed, Conditionally Permitted and Prohibited Uses and 17.22.060(A) Community Commercial (CC) District - Allowed, Conditionally Permitted and Prohibited Uses of the Calistoga Municipal Code, to change review procedures for those use(s) located on property within an entry corridor, as defined in the 2003 General Plan Update, from a conditionally permitted use to a use permitted subject to administrative review with public notice. This proposed action is exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines. Staff Report Resolution 2008-47 Resolution Exhibit A Recommended Actions: Adopt Resolution PC 2008-47 recommending to the City Council adoption of an Ordinance amending Sections 17.22.040(A) and 17.22.060(A) of the Calistoga Municipal Code, to change review procedures for occupancy of an existing commercial space by general retail type establishments, from a conditionally permitted use to a permitted use, subject to administrative review with public notice.
I.		NEW BUSINESS
J.		MATTERS INITIATED BY COMMISSIONERS
K.	1.	DIRECTOR’S COMMENTS/PROJECT STATUS 2009 Growth Management Allocation Update
L.		ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Wednesday, November 19, 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, November 07, 2008 at 12:00 p.m.

Kathleen Guill,

Secretary to the Planning Commission

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.

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