Chapter 17.39 — DEVELOPMENT AGREEMENTS

The purpose of this chapter is to permit development agreements pursuant to Article 2.5 (commencing with Section 65864) of Chapter 4 of Title 7 of the Government Code. (Ord. 547 § 9, 1998)

The City may at its sole discretion and when significant benefit will inure to the City of Calistoga, enter into a development agreement with any person having a legal or equitable interest in real property for the development of such property as provided in this chapter, so long as such person's interest entitles him to engage in such development. A development agreement shall not be approved unless the City Council finds that the provisions of the agreement are consistent with the General Plan and any applicable specific plan. The provisions of the Government Code, as may be amended, including, but not limited to: enforceability of the development agreement, findings of consistency necessary for the approval of a development agreement, and modification/suspension of a development agreement, shall be followed in the approval of a development agreement. Notwithstanding the above, all applications requesting approval of an amendment to the General Plan or of a rezoning shall be brought to the City Council for consideration of whether a development agreement would be appropriate for the particular development.

(Ord. 547 § 9, 1998)

The procedures stated in this chapter shall govern the issuance of development agreements.

• A. Application. Applications for a development agreement shall be filed with the Planning and Building Department on the forms provided by said Department and shall be accompanied by filing fees and/or deposits as specified by the Department to cover the costs associated with processing applications for development agreements.

• B. Drafting the Development Agreement. As a part of the application, the applicant shall submit a substantive summary of the points proposed for inclusion in the development agreement. The City Attorney shall draft the development agreement. The development agreement shall contain the information and provisions required by Government Code Section 65865.2 as may be amended.

• C. Hearings Required. The Planning Commission and the City Council shall hold a public hearing on the proposed development agreement. Notice of intent to consider the adoption of a development agreement shall be given pursuant to the requirements of the Government Code Section 65867 as may be amended. Notice requirements for amendments, enforcement actions, and termination actions shall be consistent with the requirements of Article 2.5 Chapter 4 of Title 7 of the Government Code as may be amended.

• (Ord. 547 § 9, 1998)

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City of Calistoga, CA

CALISTOGA CODE

§ 17.39.040

§ 17.39.050

City Council shall review all approved development agreements at least once every 12 months, at which time the applicant or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the agreement.

(Ord. 547 § 9, 1998)

Development agreements shall have terms as defined on an individual basis at the sole discretion of the City Council except that in no case shall the term of a development agreement exceed 10 years.

(Ord. 547 § 9, 1998)

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City of Calistoga, CA

ZONING

§ 17.40.010

§ 17.40.030

CHAPTER 17.40 USE PERMITS

The purpose of this chapter is to establish procedures and general standards for the review and approval of use permits required by various sections of this title. Uses that require use permit approval have been determined to have a special character that makes their establishment as a permitted or accessory use without prior review impractical and undesirable. This review shall be for the purpose of determining that each proposed use is, and will continue to be, compatible with surrounding existing and planned uses. It is also for the purpose of establishing special conditions as may be necessary to ensure the harmonious integration and compatibility of uses in the neighborhood and with surrounding areas. (Ord. 728 § 4, 2017)

• A. A use permit application shall be filed in accordance with CMC § 17.02.120. The application shall be accompanied by the information identified in the Planning and Building Department handout as being required for use permit applications.

• B. Application Completeness.

  1. Within 30 days of receipt of an application for a use permit, the City shall notify the applicant in writing as to whether such application is complete for processing.

  2. If the application is determined to be incomplete, the City shall inform the applicant of additional information required or the procedure by which such application can be made complete.

  3. Upon receipt of such additional materials, a new 30-day period shall begin during which the City shall determine the completeness of the application.

  4. Only an application for a use permit which has been determined to be complete shall be processed pursuant to the requirements of this title.

• C. The filing of the application for a use permit shall not preclude the securing of additional information from the developer necessary for the proper consideration of a use permit nor does it insure that the use permit request complies with the law and with the requirements of this title.

• D. If other approvals are required by this title, an application for a use permit may be filed and processed concurrently with the related entitlement request(s), and shall be acted upon simultaneously by the decision-making authority.

• E. Following the denial of a use permit application or the revocation of a use permit, no application for such permit for the same or substantially the same use and design or use of the same or substantially the same site shall be filed within one year from the date of denial or revocation.

• (Ord. 728 § 4, 2017)

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City of Calistoga, CA § 17.40.030

CALISTOGA CODE

§ 17.40.040

• A. The Planning Director shall act on administrative use permit and temporary use permit applications.

  1. Property owners within 300 feet of a property that is the subject of an administrative use permit application shall receive notification of the Department's pending action at least 10 days prior to such action being taken.

  2. The Planning Director may refer an administrative use permit or temporary use permit application to the Commission for action.

• B. The Planning Commission shall act on a use permit application following a public hearing.

• C. Action on a use permit application may include approving the permit in its original or modified form, and with such terms and conditions that are deemed appropriate or necessary as required by CMC § 17.40.040. If no terms or conditions are specified, the use permit shall be considered unconditional and valid for an indefinite period, unless the use is abandoned for more than 180 days.

• D. In approving or conditionally approving a use permit application, the decision-making authority shall make the following findings that the proposed use:

  1. Is in accord with the General Plan and any applicable planned development.

  2. Is in accord with all applicable provisions of this title.

  3. Will not substantially impair or interfere with the development, use or enjoyment of other property in the vicinity.

  4. Is consistent with and enhances Calistoga's history of independently owned businesses, thus contributing to the uniqueness of the town, which is necessary to maintain a viable visitor industry and promote its economy.

5. Is resident-serving, in the case of a formula business.

(Ord. 728 § 4, 2017)

• A. Approval of a use permit shall lapse and become void one year following the date on which the use permit became effective, unless prior to the expiration of one year:

  1. A building permit is issued and the applicant, in good faith, has diligently commenced construction and performed substantial work and incurred substantial liabilities in reliance thereon; or

  2. A certificate of occupancy is issued for the structure which was the subject of the use permit application; or

  3. The site is occupied and the activity has commenced, if no building permit or certificate of occupancy is required.

• B. The Director may extend the time limit established by subsection (A) of this section by up to 12 months for a use permit's approval to be exercised, subject to the following:

  1. A written request for an extension of time shall be filed with the Planning and

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City of Calistoga, CA

ZONING

§ 17.40.040

§ 17.40.050

Building Department at least 30 days before the expiration of the one-year period, together with the filing fee required by resolution of the City Council. Expiration of the approval will be stayed until the decision on the extension request if the request is filed 30 days before the original expiration.

2. In approving a time extension, the Director shall determine that:

   • a. The applicant has made a good faith effort to exercise the approval. The burden of proof is on the applicant to establish, with substantial evidence beyond the control of the applicant (e.g., demonstration of financial hardship, legal problems with the closure of the sale of the parcel, poor weather conditions in which to complete construction activities, etc.), why the permit or approval should be extended.

   • b. Conditions of the site and in the vicinity are substantially the same as when the approval was originally granted.

3. A use permit shall remain valid as long as the approved use is maintained in continuous operation and in full compliance with any adopted conditions of approval.

4. A use permit shall become null and void under either of the following circumstances:

   • a. Cessation of the use approved by the permit for a period of six months or more; or

   • b. Replacement of the use that is the subject of the use permit institution with a different use.

• (Ord. 728 § 4, 2017)

• A. The City may conduct investigations to ensure that a conditionally permitted use is being maintained and operated as applied for in compliance with all conditions.

• B. Failure to operate in accordance with the conditions of the use permit may be the subject of an enforcement action and penalties as provided by CMC Title 1 and/or grounds for setting the matter for a public hearing to consider revocation or modification of the permit. The assessment of penalties shall in no way act as a waiver of the revocation of the permit. The City may also pursue any other option permitted by law to require compliance with the conditions of the permit.

• C. A use permit may be revoked or modified by the review authority that originally approved the permit following a public hearing, in the case of a use permit approved by the Planning Commission or the City Council, or an administrative hearing in the case of an administrative use permit approved by the Planning Department.

• D. If as the result of an investigation it is determined that one or more of the circumstances contained in subsection (E) of this section applies to a use permit granted in accordance with the provisions of this chapter, the review authority shall hold a public hearing to consider its revocation or modification. Written notice of the date, time, place and purpose of such public hearing shall be served to the following parties, as applicable:

  1. The owner of the property for which the permit was granted;

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City of Calistoga, CA § 17.40.050

CALISTOGA CODE

§ 17.40.050

2. The operator of the conditionally permitted use if the use is active; and

3. The party or parties who hold an active business license for the conditionally permitted use.

Such notice shall be provided by registered mail, postage prepaid, return receipt requested, not less than 10 days prior to the date of such hearing. Notice to the owner of the property shall be given at the address as shown on the latest equalized tax assessment roll. Notice to an operator of the conditionally permitted use may be given at the property address of the use. Additional notice shall be given in the manner prescribed in CMC § 17.02.090.

• E. The review authority may revoke or modify the use permit after making one or more of the following findings:

  1. The permit was approved on the basis of erroneous or misleading information, misrepresentation or fraud.

  2. One or more conditions of approval have not been completed or have been violated.

  3. The use authorized by the permit is conducted or maintained in a manner that is detrimental to the public health or safety, or constitutes a public nuisance.

  4. If a business license is required for the conditionally permitted use, a current business license has not been issued for the use authorized by the permit.

• F. The revocation of a use permit shall have the effect of terminating the permit and denying the privileges granted by its approval.

• (Ord. 728 § 4, 2017)

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City of Calistoga, CA

ZONING

§ 17.41.010

§ 17.41.020

CHAPTER 17.41 DESIGN REVIEW

The purposes of design review are to secure the general purposes of this title and the Calistoga General Plan, to promote high quality design and a harmonious relationship of buildings, to preserve the unique character and ambiance of Calistoga, to ensure compatibility of new development with existing development, and to promote the preservation of historic structures. (Ord. 701 § 3 (Exh. A), 2014)

The following items shall be subject to design review approval by the specified reviewing authority:

• A. The following items are subject to review by the Planning and Building Director:

  1. Construction in the RR, R-1/R-1-10 and R-2 Zoning Districts of:

     • a. A one-family dwelling unit.

     • b. Accessory structures.

     • c. Additions and alterations thereto.

  2. Nonresidential Structures and Properties.

     • a. Additions of less than 10 percent of the gross floor area to an existing structure.

     • b. Minor exterior alterations to an existing structure, including awnings, painting, siding, lighting, and murals.

     • c. Minor site modifications.

  3. Signs identified in CMC § 17.58.060(A). The Planning and Building Director may refer any of the above applications to the Planning Commission for action.

• B. The following items are subject to review by the Planning Commission:

  1. Within the RR-H Rural Residential – Hillside District:

     • a. Construction of a one-family dwelling unit.

     • b. Modifications to an existing structure or alteration of the site that will significantly alter the visual character of the structure as viewed from the public right-of-way.
  • Construction of two or more dwelling units on a property.

• Nonresidential Structures and Properties.

• a. Construction of structures.

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City of Calistoga, CA

CALISTOGA CODE

§ 17.41.020

§ 17.41.030

  - b. Additions of more than 10 percent of the gross floor area to an existing structure. 

  - c. Substantial exterior modifications to an existing structure. 

  - d. Construction of parking lots for three or more spaces. 

4. Alterations to structures listed or eligible for inclusion on a Federal, State or local inventory of historic or cultural resources, or to a structure determined by the City to be potentially eligible for listing.

5. Projects otherwise subject to approval by the Planning Commission, such as use permits that involve construction or development and planned developments. The design review application shall be considered by the Commission simultaneously.

6. Signs identified in CMC § 17.58.060(B).

• C.

  • Design review approval is not required for the following:

  1. Alterations of commercial, industrial and public buildings where the work is in an area not visible from the public right-of-way or accessible to the public, as determined by the Director of Planning and Building.

  2. Construction and building modifications determined by the Director of Planning and Building to raise no substantial design issues in conflict with those outlined in CMC § 17.41.010 and § 17.41.050. In these instances, the Director may waive the requirement for design review and may ensure compliance with this title through review of the plans submitted for a building permit.

  3. Second dwelling units approved in accordance with the provisions of Chapter 17.37 CMC.

• D. Appeals of design review actions shall be governed by Chapter 1.20 CMC. (Ord. 701 § 3 (Exh. A), 2014; Ord. 729 § 3, 2017)

• A. An application for design review approval shall be filed in accordance with CMC § 17.02.120. The application shall be accompanied by the information identified in the Planning and Building Department handout as being required for design review applications. It is the responsibility of the applicant to provide evidence in support of the findings required by CMC § 17.41.050.

• B. Within 30 days of receipt of a design review application, the City shall notify the applicant in writing as to whether such application is complete for processing. If the application is determined to be incomplete, the City shall inform the applicant of additional information required or the procedure by which such application can be made complete. Upon receipt of such additional materials, a new 30-day period shall begin during which the City shall determine the completeness of the application. Only a design review application that has been determined to be complete shall be processed pursuant to the requirements of this title.

• C. At least 15 days prior to the Planning and Building Director taking action on a design review application for an item that is listed in CMC § 17.41.020(A)(1), a notice shall be sent via U.S. mail to property owners within 300 feet of the subject property, as shown on

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City of Calistoga, CA

ZONING

§ 17.41.030

§ 17.41.040

the latest Assessor's tax roll. The notice shall generally describe the proposed project, identify the date that the Director is anticipated to take action on the application, advise of the public's ability to submit comments on the proposal prior to this date, and note the deadline to appeal the Director's decision. The same notice shall also be posted on the project site at least 15 days prior to action being taken.

• D. In its review of design review applications, the City shall not design or directly assist in the design of any buildings or projects submitted for approval. The City shall restrict its consideration to a reasonable review of the proposal relative to its compliance with applicable design guidelines, leaving full responsibility for the design to the applicant.

• E. Conceptual design review applications are encouraged for any project that would benefit from early consultation with the Design Advisory Panel and/or the Planning Commission. Recommendations provided in this process are intended to serve as guidance only and shall not be considered an approval of an application.

• (Ord. 701 § 3 (Exh. A), 2014; Ord. 731 § 2, 2017)

• A. Establishment and Purpose. There is hereby established a Design Advisory Panel consisting of members who are qualified by experience and training to advise and provide technical assistance to the Director of Planning and Building, the Planning Commission and the City Council in regards to design matters pursuant to this chapter.

• B. Panel Formation.

  1. The panel shall be comprised of five members who shall have residency within a 50-mile radius of the City of Calistoga. No member of the City Council, Planning Commission, or City employee shall serve as a member of the panel. Preference in appointment shall be given to those qualified candidates who reside within the boundaries of the Calistoga Joint Unified School District.

  2. Although no certification is required for appointment, individuals shall be experienced or educated in the architecture, landscape architecture, planning, cultural/ historic resources, and other design-related fields. A diversity of members is encouraged from all professions and from a variety of design firms. The panel shall utilize a rotating schedule so that at least three of the five members participate in a panel discussion/deliberation.

  3. Terms for the Design Advisory Panel shall be staggered in two-year terms after the initial panel has been appointed. There shall be no limit on the number of terms a person may serve. When a person is appointed to fill out the term of a departing member, that person's term shall end at the time the departing member's term would have ended.

  4. Panel members shall be appointed by the Mayor and confirmed by the City Council. Removal of a member may occur by a majority vote of the City Council.

  5. The Chair of the panel shall be elected by majority vote of the members and shall serve a one-year term.

• C. Panel Authority. The panel shall function on an on-call basis and serve as a sounding board

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City of Calistoga, CA § 17.41.040

CALISTOGA CODE

§ 17.41.060

and advisory group to identify design issues and ideas for project improvement for the benefit of the project proponent, the Planning and Building Director, the Planning Commission and the City Council. Advice from the panel shall not be a binding action.

• D. Meeting Schedule.

  1. The panel shall meet on an as-needed basis as called by the Director of Planning and Building or the Planning Commission.

  2. A public meeting notice (a minimum 72 hours posted in advance) shall specify the time, place and business to be conducted.

  3. All meetings of the panel shall be open to the public.

4. The Director of Planning and Building shall serve as the secretary to the panel.

(Ord. 701 § 3 (Exh. A), 2014)

In approving or conditionally approving a design review application, the following findings shall be made that the proposed design:

• A. Is in accord with the General Plan and any applicable planned development.

• B. Is in accord with all applicable provisions of this title.

• C. Is consistent with any adopted design review guidelines [4] to the extent possible.

• D. Will not impair or interfere with the development, use or enjoyment of other property in the vicinity or the area.

• (Ord. 701 § 3 (Exh. A), 2014)

• A. Design review approvals shall remain effective for a one-year period from the date of approval or shall remain valid as long as there is a valid building permit for construction of the approved project or substantial improvements have been made.

• B. Design review granted in conjunction with other entitlements shall remain in effect for the length of the related entitlements.

• C. Extensions of Time. The Director may extend the time limit established by subsection (A) of this section for a permit or approval to be exercised, subject to the following:

  1. A written request for an extension of time shall be filed with the Planning and Building Department at least 30 days before the expiration of the permit or approval, together with the filing fee required by resolution of the City Council. Expiration of the approval will be stayed until the decision on the extension request if the request is filed 30 days before the original expiration.

  2. The Director may grant a 12-month extension to the expiration date of the original

4. Editor's Note: Residential Design Guidelines and Objective Design Standards are included as an attachment to this title.

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City of Calistoga, CA

ZONING

§ 17.41.060

§ 17.41.060

approval.

• In approving a time extension, the Director shall determine:

• a. That the applicant has made a good faith effort to exercise the approval. The burden of proof is on the applicant to establish, with substantial evidence beyond the control of the applicant (e.g., demonstration of financial hardship, legal problems with the closure of the sale of the parcel, poor weather conditions in which to complete construction activities, etc.), why the permit or approval should be extended.

• b. That conditions of the site and in the vicinity are substantially the same as when the approval was originally granted.

• (Ord. 701 § 3 (Exh. A), 2014)

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City of Calistoga, CA

ZONING

§ 17.42.010

§ 17.42.040