CITY OF CALISTOGA
PLANNING COMMISSION
REGULAR MEETING AGENDA

Wednesday, October 13, 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).

                                                        Approved Minutes October 13, 2011
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 September 8, 2010. 
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 2010-06): Consideration of Conditional Use Permit application to establish retail wine sales, including wine tasting and wine education in an existing 1,200 square foot commercial space located at 1307-A Lincoln Avenue (APN 011-221-027) within the “DC-DD”, Downtown Commercial-Design District Overlay Zoning District. Live entertainment and/or amplified music is also proposed to occur periodically.

Recommended Actions:

a. Staff recommends the filing of a Notice of Exemption for the Project pursuant to Section 15332 of the CEQA Guidelines.

b. Staff recommends approval of a Conditional Use Permit (U 2010-06) to allow retail wine sales, including wine tasting and wine education in an existing 1,200 square foot commercial space located at 1307-A Lincoln Avenue (APN 011-221-027) within the “DC-DD”, Downtown Commercial-Design District zoning district, based upon the findings contained in the Staff Report dated October 13, 2010.

c. Pursuant to Section 17.06.020(B)(2) of the Zoning Ordinance, staff recommends that the requirement for Design Review approval be waived because there are no substantial design issues to be reviewed. 

Staff Report            Attachment 1          Attachment 2         
Attachment 3          Attachment 4          Attachment 5   

I. NEW BUSINESS

1. PA 2010-01; CDR 2010-01: Review of conceptual development plans for expansion of the Indian Springs Resort and Spa. The proposed expansion includes the following improvements: (1) 79 new guest rooms (for a total of 120 guest rooms); (2) a 3,000 square foot pavilion restaurant; (3) a 4,000 square foot event barn; (4) a wine cave on the western side of Mt. Lincoln; (5) a family swimming pool; (6) replacement of an existing observation deck on top of Mt. Lincoln; and (7) other related site and landscaping improvements. The project site is located at 1712 Lincoln Avenue (APNs 011-340-017 and 011-240-001) within the “CC-DD”, Community Commercial-Design District Overlay Zoning District.

Recommended Action: Review the proposed site plan and elevations, receive comments from the project team, the public and provide preliminary comments to the applicant and staff. It should be noted that the Planning Commission’s comments during conceptual review are advisory only and should not be considered by the applicant to be requirements or an endorsement of the project until a complete application is considered through the more formal review process.

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

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, October 27, 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, October 08, 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.