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Planning Commission Regular meeting June 09, 2010

CITY OF CALISTOGA

PLANNING COMMISSION

REGULAR MEETING AGENDA

Wednesday, June 09, 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 Version of Agenda                                Approved Meeting Minutes 06/09/10

 

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

F.

1.

CONSENT CALENDAR

Planning Commission regular meeting Minutes of April 28, 2010.

    Minutes attachments

Recommendation: 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.

PUBLIC HEARING

1.

Conditional Use Permit (U 2010-03): Consideration of an amendment to the previously approved Conditional Use Permits and Design Reviews, which authorized the renovation and reuse of the existing structure as office on the property located at 1003 Foothill Boulevard (APN 011-310-013) and the expansion of the existing market and establishment of two apartments on the property located at 1009 Foothill Boulevard (APN 011-310-012) within the “DC-DD”, Downtown Commercial – Design District. The property owners, Jaime and Virginia Cortez, are requesting Condition No. 11 of Resolution PC 2008-034 and Condition No. 12 of Resolution PC 2008-36 be amended to lessen the requirement to underground utilities.

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 ReportAttachment 1, Attachment 2Attachment 3,  Attachment 4,

Attachment 5, Attachment 6, Attachment 7, and Attachment 8 

Recommended Action:

Adopt Resolution PC 2010-10 approving an amendment to the Vallarta Plaza Project Conditional Use Permits and Design Reviews amending the utility undergrounding requirements on the properties located at 1003 and 1009 Foothill Boulevard (APN 011-310-013 & -012) within “DC-DC”, Downtown Commercial - Design District, based upon the Findings presented in the staff report and subject to conditions of approval.

I.

NEW BUSINESS

1.

Consideration of the General Plan Annual Report and Work Program for implementation of General Plan policy direction. (This item was continued from the regular Planning Commission Meeting of May 12, 2010.)

Staff Report, Attachment 1 - Annual Report/Work Program,

Attachment 1 - Elements Part 1, Attachment 1 - Elements Part 2,

Attachment 2 - Public Comments, and Attachment 3 - Staff Report 05/12/10

 Supplemental Staff Report 06/08/10

Attachment 1 - Infrastructure Element

Attachment 2 - Open Space and Conservation Element

 

Recommended Action:

Discuss, solicit public comment, and provide a recommendation to the City Council on the remaining General Plan Elements (Infrastructure, Public Services, Open Space & Conservation & Public Safety) and to provide a final recommendation to the City Council on a work program for implementation of General Plan policy direction.

 

J.

MATTERS INITIATED BY COMMISSIONERS

 

K.

DIRECTOR’S COMMENTS/PROJECT STATUS

1.

Calistoga Transit Study

 

L.

ADJOURNMENT

The next regular meeting of the Planning Commission is scheduled for Wednesday, June 23, 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, June 04, 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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