Agendas & Minutes

Name: Planning Commission Meeting 07/08/09
Start: 2009-07-09T00:30+00:00
End: 2009-07-09T06:59+00:00
Location: Calistoga Community Center

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Planning Commission Meeting 07/08/09

Date: 07/08/2009 5:30 PM 07/08/2009 5:30 PM 07/08/2009
Location: Calistoga Community Center
1307 Washington Street
Calistoga, California 94515

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CITY OF CALISTOGA PLANNING COMMISSION REGULAR MEETING AGENDA
Wednesday, July 08, 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 CONFORMED PLANNING COMMISSION MINUTES 07/08/09
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.
	1.	Planning Commission Regular meeting Minutes of May 27, 2009. Recommended Action: Approve the Planning Commission meeting Minutes of May 27, 2009 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 HEARINGS
	1.	General Plan Amendment (GPA 2009-03) and Zoning Ordinance Amendment (ZO 2009-02): Consideration of an amendment to the General Plan Land Designations Map, Figure LU-4 designating the property located at 965 Silverado Trail (APN 011-050-043) within the Light Industrial land use designation. The Planning Commission will also consider a Rezone (Zoning Ordinance Map and Text Amendment) of the property including it within the “I”, Light Industrial zoning district and modifying the “I” District text to accommodate bicycle rentals and tours as a use allowed with a use permit. These requests have been filed by Paul James Dohring, on behalf of the property owners Joseph and Jill Cabral. 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. Staff Report Attachment 1- PC 2009-13, General Plan Land Use Map Amendment Attachment 2- PC 2009-14, General Plan Entry Corridor Text Amendment Attachment 3- PC 2009-15, Zoning Ordinance Map Amendment Attachment 4- PC 2009-16, Zoning Ordinance Text Amendment Attachment 4b- PC 2009-16, Exhibit Attachment 5- Applicant's submittal letter Attachment 6 & 7 General Plan Figure LU-4 and LU-6 Attachment 8- General Plan Land Use Designation Summaries Attachment 9- Zoning District Map Attachments 10 & 11- "R3" and "I" Zoning Districts Attachment 12- Commercial Land Use Districts Recommended Actions: General Plan Amendment (Land Use Designation) a. Approve PC Resolution 2009-13 recommending approval to the City Council of an amendment to the General Plan Land Use Designations Map, Figure LU-4 designating the property located at 963/965 Silverado Trail (APN 011-050-043) within the Community Commercial land use designation based upon the findings as provided in the resolution. General Plan Amendment (Entry Corridor Overlay District) b. Approve PC Resolution 2009-14 recommending approval to the City Council of an amendment to the General Plan Entry Corridor Overlay designation, Entry Corridor 2: Downvalley Silverado Trail (EC2) language, on Page LU-34 of the General Plan, to include religious institutions, wineries and tourist entertainment businesses, including bicycle rentals and tours based upon the findings as provided in the resolution. Zoning Ordinance Map Amendment c. ApprovePC Resolution 2009-15 recommending approval to the City Council of a Rezone (Zoning Ordinance Map Amendment) of the property located at 963/965 Silverado Trail (APN 011-050-043) including them within the “CC”, Community Commercial Zoning District based upon the findings as provided in the resolution. Zoning Ordinance Text Amendment d. Approve PC Resolution 2009-16 recommending approval to the City Council of a Zoning Ordinance Text Amendment amending the “CC”, Community Commercial Zoning District allowing wineries, bicycle, sales, rentals and tours with a use permit based upon the findings as provided in the resolution.
	2.	Parcel Map (PM 2008-03) - Property owners Vincent and Marjorie Arroyo are requesting approval of a Tentative Parcel Map to divide an existing 9.70-acre parcel into four separate legal lots of record. The parcels would range in size from 2.18 to 2.54 gross acres. The property owners have also requested an exemption to the wastewater connection requirements to allow individual septic systems. The property is located on Grant Street (APN 011-390-035) within the Rural Residential Zoning District. No development of the residential parcels is proposed at this time. 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 and Building Department has determined that the proposed project as amended by the included mitigation measures will not have a significant adverse effect on the environment. Therefore, the Planning Commission will consider the Initial Study prepared by the Planning Division, and determine that the tentative parcel map for the subject property will not have a significant effect on the environment and will consider recommending adoption of a Mitigated Negative Declaration to the City Council. Staff Report Attachment 1, Resolution 2009-10, Mitigated Negative Declaration and Mitigation Program Attachment 2, Resolution 2009-11, Exemption to Wastewater Connection Requirements Attachment 3, Resolution 2009-12, Tentative Parcel Map Attachment 4, Project Plans (Hard copy available at Planning and Building Department) Attachment 5, Initial Study Abbreviated Attachment 6, Shared Maintenance Agreement for Private Roadway Attachment 7, Ms. Philippakis's letter received June 23, 2009 Attachment 8, Mr. Fulton's letter withdrawing Tentative Parcel Map Application (TTM 2006-03) Recommended Actions: a. Adopt Planning Commission Resolution PC 2009-10 recommending to the City Council adoption of a Mitigated Negative Declaration based on an Initial Study prepared for the Arroyo Tentative Parcel Map incorporating the findings and mitigation measures as provided in the Resolution. b. Adopt Planning Commission Resolution PC 2009-11 recommending to the City Council approval of an exception to the wastewater connection requirements based upon the findings and subject to conditions of approval as provided in the resolution. c. Adopt Planning Commission Resolution PC 2009-12 recommending to the City Council approval of a Tentative Parcel Map (PM 2008-03) incorporating the findings and subject to conditions of approval as provided in the Resolution.
I.		NEW BUSINESS
	1.	Presentation by the Bicycle Advisory Committee (BAC) of the Calistoga's Bike Map, First Edition Recommended Action: Receive presentation
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, July 22, 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, June 19, 2009 no later than 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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