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Name: Planning Commission Meeting December 09, 2009
Start: 2009-12-10T01:30+00:00
End: 2009-12-10T07:59+00:00
Location: Calistoga Community Center

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Planning Commission Meeting December 09, 2009

Date: 12/09/2009 5:30 PM 12/09/2009 5:30 PM 12/09/2009
Location: Calistoga Community Center
1307 Washington Street
Calistoga, California 94515

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CITY OF CALISTOGA PLANNING COMMISSION REGULAR MEETING AGENDA
Wednesday, December 09, 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). Printable (PDF) Agenda Approved Minutes 12/09/09
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.
	1.		Planning Commission regular meeting Minutes of November 10, 2009 Minutes Attachments
	2.		Proposed 2010 Planning Commission Regular Meeting Schedule Recommended Action: Approve the Consent Calendar 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.	1.	PUBLIC HEARINGS U 2009-06 and DR 2009-10: Consideration of Conditional Use Permit and Design Review applications to allow construction of a Teen / Art Center in Logvy Community Park located at 1401 N. Oak Street (APN 011-140-056) within the “P” (Public) Zoning District. Proposed improvements include a 3,552 square foot Teen / Art Center building, a manicured landscape area for passive activities, a gravel parking lot, and sidewalk and landscaping improvements along N. Oak Street. A Mitigated Negative Declaration has been prepared pursuant to the requirements of the California Environmental Quality Act (CEQA). Staff Report Attachment 1, Attachment 2, Attachment 3, Attachment 4, Attachment 5, Attachment 6, and Attachment 7. Recommended Actions: Adopt Planning Commission Resolution PC 2009-29 adopting a Mitigated Negative Declaration based on the Initial Study that has been prepared for the Logvy Community Park Teen / Art Center project. Adopt Resolution PC 2009-30 approving Conditional Use Permit (U 2009-06) and Design Review (DR 2009-10) allowing construction and use of a Teen / Art Center in Logvy Community Park located at 1401 N. Oak Street (APN 011-140-056) within the “P” (Public) Zoning District, subject to conditions of approval.
	2.	DR 2009-13: Consideration of a Design Review Application to install canopies over the existing fuel pump islands and to change the corporate color scheme of the dispensing pumps and convenience store from yellow and red (Shell) to blue and white (Chevron) at the gas station located at 1108 Lincoln Avenue (APN 011-254-003) within the “DC-DD”, Downtown Commercial-Design District Overlay Zoning District. No changes to use or operations are being proposed as part of this application. This proposed action is exempt from the California Environmental Quality Act (CEQA) under Section 15303 of the CEQA Guidelines. (This item was continued from the Planning Commission Meeting of November 10,, 2009.) Staff Report, Attachment 1, Attachment 2, Attachment 3, Attachment 4, Attachment 5, and Attachment 6 Recommended Actions: a. Direct Staff to file a Notice of Exemption for the Project pursuant to Section 15303 of the CEQA Guidelines. b. Find that the necessary criterion for allowing a fourth business identification sign on the property has been met. c. Adopt Resolution PC 2009-20 approving Conditional Use Permit (U 2009-13) and Design Review (DR 2009-03) for (1) establishment of operational parameters for the existing gas station and convenience market uses; (2) installation of canopies over the existing fuel pump islands; (3) change to the corporate color scheme of site signage and the fuel dispensing pumps from yellow and red (Shell) to blue and white (Chevron); and (4) installation of new corporate signage at the gas station located at 1108 Lincoln Avenue (APN 011-254-003) within the “DC-DD”, Downtown Commercial-Design District Overlay Zoning District, subject to the findings presented in the Staff Report and conditions of approval.
	3.	U 2009-12: Consideration of an extension of time for previously approved Conditional Use Permit and Design Review, which authorized the redevelopment of the Calistoga Village Inn and Spa; including the demolition of the existing uses and structures, and the redevelopment and operation of an 80 unit visitor accommodation, spa, restaurant and conference center totaling 82,933 square feet on the property located at 1880 Lincoln Avenue (APN 011-050-041) within the “CC-DD”, Community Commercial– Design 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 and Attachments Recommended Action: Adopt Resolution PC 2009-28 approving a one-year time extension for the Calistoga Village Inn and Spa Redevelopment Project, including the Conditional Use Permit and Design Review on the property located at 1880 Lincoln Avenue (APN 011-050-041) within “CC-DD”, Community Commercial - Design District, based upon the findings contained in the staff report and subject to conditions of approval.
	4.	U 2009-10: Consideration of an extension of time for previously approved Conditional Use Permit (U 2007-12) and Design Review (DR 2007-14) to allow the development of a boutique winery with an annual production of up to 4,000 cases of wine. An extension of time is also being requested to the previously granted exception to the water connection requirements allowing the use of ground water rather than City water. The property is located at 2280 Greenwood Avenue (APN 011-351-017) within the “RR”, Rural Residential 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 and Attachments Recommended Action: Adopt Resolution PC 2009-27 approving a one-year time extension for the Moye Winery Project, including the Water Exception, Conditional Use Permit and Design Review all on the property located at 2280 Greenwood Avenue (APN 011-351-017) within “RR”, Rural Residential District, based upon the findings subject to conditions of approval.
I.	1.	NEW BUSINESS ZO 2009-03: A Zoning Ordinance Text Amendment, initiated by the City of Calistoga, to amend the bed and breakfast regulations and other requirements pertaining to such use. This proposed action is exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines. [Discussion Only] Staff Report and Attachments Recommended Action: a. Direct staff to prepare a resolution for the Planning Commission’s consideration rescinding Resolution 2009-26 and affirming the validity of the existing Bed and Breakfast Inns and Facilities Ordinance; or b. Appoint two Planning Commissioners to work with Staff, the B & B operators and other interested parties to develop a revised Ordinance that addresses the City Council’s concerns.
J.		MATTERS INITIATED BY COMMISSIONERS
K.		DIRECTOR’S COMMENTS/PROJECT STATUS · Urban Design Plan · Upcoming City Council/Planning Commission Joint Meeting January 13, 2010, 5:30 PM.
L.		ADJOURNMENT The next regular meeting of the Planning Commission will be a Joint Meeting with the City Council and is scheduled for Wednesday, January 13, 2010, 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 4, 2009 no later than 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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