CITY OF CALISTOGA
PLANNING COMMISSION
REGULAR MEETING AGENDA

 
“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).

APPROVED MINUTES 09/09/09

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.

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. DR 2008-08(E): Consideration of an extension of time for a previously approved Design Review application (DR 2008-08) to: (1) demolish an existing residential structure (“Yellow House”) and detached shed located at 1409 Myrtle Street (APN 011-242-004); (2) demolish an existing residential structure (“White House”) located at 1007 Spring Street (APN 011-242-015); (3) demolish the “hospital additions” to the Francis House located at 1403 Myrtle Street (APN 011-242-015); and (4) perform emergency interior stabilization work on the Francis House, including interior deconstruction and structural stabilization, removal of destroyed interior materials, and interim weatherization, at 1403 Myrtle Street (APN 011-242-015). All of the subject properties are located within the “R-3”, Residential/Professional Office Zoning District. This proposed action is exempt from the California Environmental Quality Act (CEQA) under Sections 15301(l) and 15331 of the CEQA Guidelines.

Recommended Actions:

A. File a Notice of Exemption for the Design Review pursuant to Sections 15301(l) and 15331 of the CEQA Guidelines.

B. Approve a one year extension of Design Review approval DR 2008-08 (DR 2008-08(E)) to: (1) allow the demolition of the White House, Yellow House and Shed, and hospital additions to the Francis House; and (2) allow for emergency interior stabilization work on the Francis House, including interior deconstruction and structural stabilization, removal of destroyed interior materials, and interim weatherization, subject to conditions of approval, as amended.

Staff Report, Attachment 1, Attachment 2, Attachment 3, Attachment 4, Attachment 5, Attachment 6, Attachment 7, Attachment 8

2. LOGVY COMMUNITY PARK MASTER PLAN REVISION: Consideration of a revised Master Plan for improvement of Logvy Community Park located at 1745 Washington Street (APNs 011-410-009 and 011-140-056) within the “P”, Public / Quasi-Public Zoning District. Improvements envisioned in the revised Master Plan include: a sport court / fitness building, a teen / art center building, a recreation office/ programming building, a pool party room building, bocce ball courts, and pedestrian and bicycle pathways. The existing playing fields, swimming pool facility, community garden and City maintenance yard will be retained. No development is proposed at this time.

In accordance with the California Environmental Quality Act (CEQA), the Planning and Building Department of the City of Calistoga has prepared an Initial Study/CEQA Checklist for the above referenced project. The Planning and Building Department has determined that, with inclusion of certain mitigation measures, the proposed project will not have a significant adverse effect on the environment. A Notice of Intent to Adopt a Mitigated Negative Declaration was prepared and circulated for a 30-day comment period on July 31, 2009. The City Council will consider adopting the Mitigated Negative Declaration for the project.

Recommended Actions:

A. Recommend that the Planning Commission adopt Planning Commission Resolution PC 2009-23 recommending to the City Council adoption of a Mitigated Negative Declaration based on the Initial Study that has been prepared for the Logvy Community Park Master Plan Revision.

B. Recommend that the Planning Commission adopt Planning Commission Resolution PC 2009-24 recommending to the City Council approval of the proposed revisions to the Logvy Community Park Master Plan.

Staff Report, Attachment 1, Attachment 2, Attachment 3a, Attachment 3b, pages 1-10,
pages 11-16, pages 17-32, pages 33-53, Attachment 4, Attachments 5-9, Attachment 10, Attachment 11

I. NEW BUSINESS

1. Growth Management System Update: Provide status update on potential City Council action for enacting an ordinance for program suspension.

Recommended Action:
Receive a status update regarding City Council direction, discuss, and provide direction to staff for development of an ordinance.

Staff Report, Attachment 1, Attachment 2, Attachment 3

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, September 23, 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, September 4, 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.