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Name: October 22, 2008 Planning Commission Meeting
Start: 2008-10-23T00:30+00:00
End: 2008-10-23T06:59+00:00
Location: Calistoga Community Center

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October 22, 2008 Planning Commission Meeting

Date: 10/22/2008 5:30 PM 10/22/2008 5:30 PM 10/22/2008
Location: Calistoga Community Center
1307 Washington Street
Calistoga, California 94515

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CITY OF CALISTOGA PLANNING COMMISSION REGULAR MEETING AGENDA
Wednesday, October 22, 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.	1.	CONSENT CALENDAR Planning Commission Minutes for the regular meeting of August 13, 2008. Recommended Actions: Approve the 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.		PUBLIC HEARING
	1. 2.	VA 2008-03. Consideration of a Variance to the Calistoga Municipal Code, Section 17.14.020(3)(a), which requires veterinary clinics be located on lots larger than two acres. Property owners, Stephen and Rebecca Franquelin are requesting to allow the Calistoga Pet Clinic on a lot totaling 1.075 acres in size. The Calistoga Pet Clinic is currently on a 2.15 acre lot located at 2960 Foothill Boulevard (APN 011-400-003) within the “RR” Rural Residential Zoning District. This proposed action is exempt from the California Environmental Quality Act (CEQA) under Section 15305 of the CEQA Guidelines. (Staff Report, Attachment 1, Attachment 2, Attachment 3, and Attachment 4) Recommended Actions: a. Direct Staff to file a Notice of Exemption for the Project pursuant to Section 15305 of the CEQA Guidelines. b. Adopt Resolution PC 2008-43 approving Variance (VA 2008-03) allowing Calistoga Pet Clinic to be situated on a lot totaling 1.075 acres in size located at 2960 Foothill Boulevard (APN 011-400-003) within the “RR” Rural Residential Zoning District, based upon the findings provided in the staff report and 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 rights 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 CEAQ Guidelines. (This item was continued from the Planning Commission Regular meeting of September 24, 2008.) Agenda Item Summary Staff Report Attachment 2A - Commercial Land Use Resolution Attachment 3 - Community Resource Commission Minutes Attachment 4 - 9/24/08 Staff Report Recommended Action: Adopt Resolution PC 2008-44 recommending to the City Council adoptionof an Ordinance that amends Title 17.22 Commercial Land Use Districts, Chapter 17.04 Definitions, and Title 12 Streets, Sidewalks and Public Places, specifically Section 12.08.020 Encroachments of Public Rights-of-Way Definitions to establish procedures for processing sidewalk dining establishments within the public rights-ofway in Commercial Land Use Districts.

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, November 12, 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, October 17, 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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