Agendas & Minutes

Name: Planning Commission Regular meeting January 27, 2010
Start: 2010-01-28T01:30+00:00
End: 2010-01-28T05:00+00:00
Location: Calistoga Community Center

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Planning Commission Regular meeting January 27, 2010

Date: 01/27/2010 5:30 PM - 9:00 PM 01/27/2010 5:30 PM 01/27/2010 9:00 PM
Location: Calistoga Community Center
1307 Washington St.
Calistoga, California 94515

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CITY OF CALISTOGA PLANNING COMMISSION REGULAR MEETING AGENDA
Wednesday, January 27, 2010			Chairman Jeff Manfredi
5:30 PM			Vice- Chairman Clayton Creager
Calistoga Community Center			Commissioner Paul Coates
1307 Washington St., Calistoga, CA			Commissioner Nicholas Kite
			Commissioner Matthew Moye
“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 Agenda Approved Minutes 01/27/10
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 Distribution of the Planning Commission Rules of Procedure. Recommended Action: No action required. Review Rules and prepare for discussion, revision and/or confirmation during the February 10, 2010 Planning Commission meeting. Writings or documents provided to the Planning Commission as a hand out during the Meeting, after distribution of the initial Planning Commission materials.
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. 2.	Planning Commission regular meeting Minutes of December 09, 2009. Planning Commission and City Council Joint meeting Minutes of January 13, 2010 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.	NEW BUSINESS Presentation of Resolution PC 2010-04 honoring Carol Bush for her service on the Planning Commission January 01, 2008 – December 31, 2009 and her commitment to the citizens of Calistoga. Recommended Action: Approve and adopt Resolution PC 2010-04 honoring Bush for her service and commitment on the Planning Commission.
	2.	Election of 2010 Planning Commission Officers. Recommended Actions: Elect a Chairperson, Vice-Chair and Secretary.
I.	1.	PUBLIC HEARINGS Variance (VA 2009-02), Conditional Use Permit (U 2009-11) & Design Review (DR 2009-11): Consideration of two Variances: 1) to allow a 3’-0” front yard setback, where 20’-0” is required and 2) to allow parking within the 20’-0” front yard setback along Hazel Street. This project also includes the consideration of a Conditional Use Permit and Design Review application to expand and operate a bistro (i.e. a restaurant) primarily focused on wine tasting and retail sales within an existing 600 square foot structure on the property located at 1224 Lincoln Avenue (APN 011-253-002) within the “DC-DD”, Downtown Commercial - Design District. The applicant is Frank and Eugenia Romeo of Romeo Vineyards & Cellars, LLC. This proposed action is exempt from the California Environmental Quality Act (CEQA) under Section 15332 of the CEQA Guidelines. Staff Report, Attachments and Resolutions Recommended Actions: A. Direct staff to file a Notice of Exemption for the Project pursuant to Section 15332 of the CEQA Guidelines. B. Adopt Resolution PC 2010-01 approving a Variance to permit a 3’-0” foot front yard setback along Hazel Street on the property located at 1224 Lincoln Avenue (APN 011-253-002) within the “DC-DD”, Downtown Commercial –Design District, based upon the findings provided in the draft resolution and subject to conditions of approval. C. Adopt Resolution PC 2010-02 approving a Variance to allow parking within the front yard setback along Hazel Street on the property located at 1224 Lincoln Avenue (APN 011-253-002) within the “DC-DD”, Downtown Commercial –Design District, based upon the findings provided in the draft resolution and subject to conditions of approval. D. Adopt Resolution PC 2010-03 approving Conditional Use Permit (U 2009-11) and Design Review (DR 2009-11) to allow a bistro, primarily focused on wine sales and tasting wine tasting all on the property located at 1224 Lincoln Avenue (APN 011-253-002) within the “DC-DD”, Downtown Commercial – Design District, based upon the findings presented in the resolution and subject to conditions of approval.
J.		MATTERS INITIATED BY COMMISSIONERS
K.	1. 2.	DIRECTOR’S COMMENTS/PROJECT STATUS Urban Design Status Appeal Hearings Status La Prima Pizza Conditional Use Permit Amendment Chevron Design Review
L.		ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Wednesday, February 10, 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, February 5, 2010 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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