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Name: Planning Commission Meeting 03/25/09
Start: 2009-03-26T00:30+00:00
End: 2009-03-26T06:59+00:00
Location: Calistoga Chamber of Commerce

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Planning Commission Meeting 03/25/09

Date: 03/25/2009 5:30 PM 03/25/2009 5:30 PM 03/25/2009
Location: Calistoga Chamber of Commerce
1307 Washington Street
Calistoga, California 94515

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CITY OF CALISTOGA PLANNING COMMISSION REGULAR MEETING AGENDA
Wednesday, March 25, 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). MEETING MINUTES Download 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 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.
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 HEARINGS
	1.	GPA 2009-02 and ZO 2009-01. Consideration of an amendment to the General Plan Overlay Districts Map, Figure LU-6 designating the properties located at 1001 and 1007 Myrtle Street (APN 011-256-005 & 004) within the Visitor Accommodation Overlay designation. The Planning Commission will also consider a Rezone (Zoning Ordinance Map Amendment) of the properties located at 1001, 1007, 1013 Myrtle Street (APN 011-256-005, 004 & 003) including them within the “VA”, Visitor Accommodations combination district. These requests have been filed by the property owners Christopher and Adele Layton. The proposed amendments to the General Plan and Zoning Ordinance are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. (This item was continued from the Planning Commission Meeting of February 25, 2009, 2009.) Staff Report Recommended Action: Motion to table the public hearing for General Plan Amendment (GPA 2009-02) and Zoning Ordinance Map Amendment (ZO 2009-01).
	2.	CUP 2008-08 and VA 2008-03. Consideration of Conditional Use Permit Amendment and Variance requested by William and Graceann Mangone Miranda (Property Owners), amending Conditional Use Permit (U 2005-21) and allowing tandem parking in conjunction with the approved Bed and Breakfast Facility on the property located at 1437 Fourth Street (APN 011-201-003) within the “R1”, Single Family Residential Zoning District. The Property Owners have also requested consideration of a Variance to the Calistoga Municipal Code, Section 17.16.040(D)(1) allowing a 10-foot front yard setback where 20 feet is required on the adjoining property 1431 Fourth Street within the “R1”, Residential Single Family District. These proposed actions are exempt from the California Environmental Quality Act (CEQA) under Section 15332 and 15305 of the CEQA Guidelines. (The Planning Commission Meeting of March 11, 2009 was canceled and therefore this item was continued to the March 25, 2009 meeting.) Staff Report, Attachment 1, Attachment 2, Attachment 3, Attachment 4, and Attachments 5-7. Recommended Actions: a. Categorical Exemption Direct Staff to file a Notice of Exemption for the Project pursuant to Section 15332 of the CEQA Guidelines. b. Tandem Parking Variance Adopt Resolution PC 2009-01 approving Variance (VA 2008-03) allowing tandem parking on the existing driveway in conjunction with a previously approved bed and breakfast facility on property located at 1437 Fourth Street (APN 011-201-003) within the “R1”, Single Family Residential zoning district. c. Front Yard Setback Variance Adopt Resolution PC 2009-02 approving a Variance allowing a reduced front yard setback of 10 feet on property located at 1431 Fourth Street (APN 011-201-004) within the “R1”, Single Family Residential zoning district. d. Conditional Use Permit Amendment Variance Adopt Resolution PC 2009-07 amending Conditional Use Permit U 2005-21 (U 2008-08) to amend a requirement for an off site parking easement to satisfy parking requirements for a bed and breakfast facility on property located at 1437 Fourth Street (APN 011-201-003) within the “R1”, Single Family Residential Zoning District.
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, April 8, 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, March 20, 2009 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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