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Name: January 28, 2009 Planning Commission Meeting
Start: 2009-01-29T01:30+00:00
End: 2009-01-29T07:59+00:00
Location: Community Center

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January 28, 2009 Planning Commission Meeting

Date: 01/28/2009 5:30 PM 01/28/2009 5:30 PM 01/28/2009
Location: Community Center
1307 Washington Street
Calistoga, California 94515

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CITY OF CALISTOGA PLANNING COMMISSION REGULAR MEETING AGENDA
Wednesday, January 28, 2009			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 Correspondence received too late to be included in the original Planning Commission Packet (Letter dated 01/28/09 from Jean Kapolchok; Letter dated 01/28/09 from Kristin Casey)
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 October 22, 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 2008-10. Consideration of Conditional Use Permit requested by the applicant, Rafael Rios, on behalf of the Rios Wine Company, LLC, to allow the operation of a wine retail sales and tasting establishment on the property located at 1334 Lincoln Avenue, Suite B (APN 011-231-007) within the “DC-DD”, Downtown Commercial - Design District. The property owner is Robert Miller. This proposed action is exempt from the California Environmental Quality Act (CEQA) under Section 15332 of the CEQA Guidelines. Attachments Recommended Action: a. Direct Staff to file a Notice of Exemption for the Project pursuant to Section 15332 of the CEQA. b. Adopt Resolution PC 2009-04 approving Conditional Use Permit (U 2008-10) to allow wine retail sales and tasting, including indoor and outdoor seating, and periodic live entertainment on the property located at 1334 Lincoln Avenue, Suite B (APN 011-231-007) within the “DC-DD”, Downtown Commercial – Design District, based upon the Findings presented in the staff report and subject to conditions of approval.
I.	1.	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. (This item was continued from the Planning Commission Meeting of January 14, 2009.) Staff Report Attachment No. 1 Attachment No. 2 Attachment No. 3 Attachment No. 4 Attachment No. 5 Recommended Action: Review the proposed site plan and elevations, receive comments from the project team, the public and provide preliminary comments to the applicant and staff. It should be noted that the Planning Commission’s comments during conceptual 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 more formal review process.
	2.	Annual review and/or revision of the Planning Commission Rules of Procedure Staff Report Attachment Recommended Action: Review the Rules of Procedure, consider staff’s proposed changes, and provide recommendations for other amendments and/or adopt of the Rules as they currently exist.
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, February 11, 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, January 23, 2009 at 4:30 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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