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December 10, 2008 Planning Commission Meeting

CITY OF CALISTOGA

PLANNING COMMISSION

REGULAR MEETING AGENDA

Wednesday, December 10, 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

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 Special meeting of October 13, 2008.

Recommended Action: Approve as submitted.

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.

U 2008-05. Consideration of an extension of time for previously approved Conditional Use Permit (U 2003-02), which authorized the construction of the Highlands Christian Fellowship and use of the Highlands Christian Fellowship building for the operation of a church, kindergarten and preschool at 970 Petrified Forest Road (APN 011-360-030) located within the “RR”, Rural Residential District Zoning District. The Planning Commission will reconsider the previously adopted Mitigated Negative Declaration finding that the proposed project, as amended by mitigation measures agreed to by the applicant, would not have a significant adverse impact on the environment pursuant to the CEQA Guidelines.

Staff Report

Attachment 1, PC Resolution No 2008-49

Attachment 2, Letter from Highlands Christian Church

Attachment 3, Resolution 2007-30

Attachment 4, Resolution 2007-31

Attachment 5, Resolution 2007-32

Attachment 6, Resollution 2007-33

Attachment 7, Approved Plans

Recommended Actions:   Adopt Resolution PC 2008-49 approving a one-year time extension for the Highlands Christian Fellowship Project, including a Variances, conditional Use Permit and Design Review all on the property located at 970 Petrified Forest Road (APN 011-360-030) within “RR”, Rural Residential Zoning District, based upon the Findings presented in the staff report and subject to conditions of approval.

NOTE: The applicant or any interested person is reminded that the Calistoga Municipal Code provides for a ten (10) calendar day appeal period. If there is a disagreement with the Planning Commission, an appeal to the City Council may be filed. The appropriate forms and applicable fee must be submitted prior to 5:00 p.m. on or before the tenth calendar day following the Commission's final determination.

I.

1.

 

 

 

 

 

 

 

2.

 

NEW BUSINESS

PA 2008-04, CDR 2008-04. Conceptual Design Review for the proposed Bounsall & Wright Winery and Event Center on a 7-acre site to be developed in three phases. The project proposes to feature two wineries, a tasting room with a delicatessen and outside picnic areas, two retail buildings, winery office space, and a special event area with an adjacent reception building for a site total of 80,289 square feet. The project site is located at 414 Foothill Boulevard (APNs 011-260-045 through 011-260-076) within the “I” Light Industrial Zoning District.

Staff Report

Recommended Action: Continue item to January 14, 2009, as requested by the applicant.

P 2008-04.  Policy.  Consideration of staff recommendations to the City Council for establishing affordable housing preferences for income eligible households who live or work in the City of Calstoga.

Staff Report

Attachment 1, PC Resolution 2008-50

Attachment 2, Draft Local Preference Policy

Attachment 3, Demographic Information

 

Recommended Action: Adopt Planning Commission Resolution PC 2008-50 recommending to the City Council adoption of a Local Preference Policy for the sale or rental of affordable housing units that would establish priority for income eligible households meeting specified criteria.

J.

MATTERS INITIATED BY COMMISSIONERS

K.

DIRECTOR’S COMMENTS/PROJECT STATUS

L.

ADJOURNMENT

The regular meeting of the Planning Commission for Wednesday, December 17, 2008 has been cancelled.

The next regular meeting of the Planning Commission is scheduled for Wednesday, January 14, 2009, 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, December 05 , 2008 at 4:30 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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