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HomeMy WebLinkAbout090507 PC Minutes MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION SEPTEMBER 5, 2007 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:00 p.m., on Wednesday, September 5, 2007, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Vice-Chairman Telesio thanked Ms. Craig for the prelude music. ALLEGIANCE Commissioner Carey led the audience in the Flag salute. ROLL CALL Present: Commissioners: Carey, Guerriero, Harter, Telesio. Absent: Chairman Chiniaeff. PUBLIC COMMENTS Mr. Randy Records, representing Eastern Municipal Water District, invited the Planning Commission to attend its Landscape Ordinance Workshop to be held Thursday, October 18, 2007, at 11 :30 at Eastern Municipal Water District. Mr. Doc Laine, Temecula, relayed his disappointment with the City not preparing an Environmental Impact report (EIR) for the future Civic Center in Old Town, and requested that this report be implemented. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of August 15, 2007. MOTION: Commissioner Harter moved to approve the Consent Calendar. Commissioner Guerriero seconded the motion and voice vote reflected approval with the exception of Chairman Chiniaeff who was absent. R\MinutesPCI090507 PUBLIC HEARING ITEMS New Items 2 Plannina Application No. PA07-0154. a Site Plan Modification Application. submitted bv Forest Citv Commercial Development. to chanae buildina footprints. drive aisles. parkina orientation. and landscapina of the approved Temecula Promenade Mall Expansion Plans. located at the Promenade Mall. between Macv's and Edwards Cinema within the Temecula Reaional Center Specific Plan (SP No. 263) in the Citv of Temecula bound bv Winchester Road to the north. Maraarita Road to the east. Overland Drive to the south and Ynez Road to the west By way of PowerPoint Presentation, Associate Planner Peters highlighted on the following: . Project Description . Location . Approved Plans . Site Plan Modifications . Specific Considerations . Environmental Determination. For Commissioner Carey, Associate Planner Peters noted that the retail and restaurant elevations, hardscape, and landscape will be forwarded to the Planning Commission for review and consideration at a later date. Mr. Peters also advised that with respect to valet parking, it was determined that there would be enough stacking for six vehicles and that Forest City would be able to elaborate on the function of the valet parking. At this time, the public hearing was opened. Mr. Kenneth Lee, representing Forest City, relayed that the applicant addressed the Planning Commission's concerns raised by the Planning Commissioners at the previous meeting; successfully integrated all valet drop-off issues; and advised that he would be available for any questions. At this time, the public hearing was closed. MOTION: Commissioner Carey moved to approve staff recommendation. Commissioner Harter seconded the motion and voice vote reflected approval with the exception of Chairman Chiniaeff who was absent. R\MinutesPCI090507 2 PC RESOLUTION NO. 07-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0154, A SITE PLAN MODIFICATION TO CHANGE BUILDING FOOTPRINTS, DRIVE AISLE CONFIGURATION, PARKING LAYOUT FOR VALET SERVICE, AND LANDSCAPING OF THE APPROVED TEMECULA PROMENADE MALL EXPANSION (PLANNING APPLICATION NO. PA06-0293) 3 Plannina Application No. PA07-0157. a Resolution of the Plannina Commission recommendina that the Citv Council approve an amendment to Title 17 of the Temecula Municipal Code. addina Chapter 9.2 and establishina Citvwide standards for reaulatina noise Senior Planner Papp provided the Planning Commission with a PowerPoint Presentation, noting the following: . Project Description . Background . Issues Considered . Issues Considered but not included in the draft Noise Ordinance . Environmental Determination. For Commissioner Guerriero, Senior Planner Papp noted that enforcement procedure will be dealt with as follows: . That Code Enforcement will be contacted and will investigate a complaint . That currently there is no language in the Municipal Code that would allow Code Enforcement to cite; and that unless it's a disturbance of the peace, in this case, the Police Department would be contacted . That under the proposed Ordinance if there were a witnessed violation by an Enforcement Officer, a citation or a verbal warning may be issued. Principal Planner Brown advised that first, a notice of violation would be issued; that if a notice of violation is ignored or if there is a repeated offense, it may result in a $50 citation, increasing to a $150 citation, then a $250 citation, or may have the potential for civil penalties which may be as high as $2,500 a day. Senior Planner Papp added that although the fines are not spelled out verbatim, it is identified in the Ordinance; that with respect to the barking dog issue, Senior Planner Papp noted that two methods of citations may be issued such as two neighbors signing an anonymous complaint or by having an Enforcement Officer witness the behavior for 30 minutes; and advised that Code Enforcement officers would be on call 24 hours a day. R:\MinutesPCI090507 3 Assistant City Attorney Lee added that the revised Ordinance with regard to barking dogs would be directed toward repeat offenders; that staff's policy would be to obtain voluntary compliance first, provide notice; and that if all else were to fail, a Code Enforcement officer would respond. Senior Planner Papp relayed that if it were the desire of the Planning Commission, language could be added to the Ordinance specific to repeat offenders. At this time, the public hearing was opened. Mr. P.T. Rothchild, Temecula, relayed his appreciation of the revised Noise Ordinance, relayed his support of the proposal; and advised that he would not have a concern with City sponsored events being exempted. At this time, the public hearing was closed. Relaying his support of the proposed Noise Ordinance, Commissioner Telesio thanked the subcommittee for its revisions. Relaying his support of the Noise Ordinance, Commissioner Harter requested that language be added to the Ordinance with regard to recurring violations as it would relate to noisy animals. Commissioner Carey relayed his support of the proposed Ordinance. Commissioner Guerriero also relayed his support of the revisions of the Noise Ordinance. MOTION: Commissioner Guerriero moved to approve staff recommendation subject to Commissioner Harter's request regarding repeat offenders, and to include the City's exemption with regard to City-sponsored events. Commissioner Harter seconded the motion and voice vote reflected approval with the exception of Chairman Chiniaeff who was absent. PC RESOLUTION NO. 07-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 9.20 TO THE TEMECULA MUNICIPAL CODE ESTABLISHING CITYWIDE STANDARDS FOR REGULATING NOISE (PLANNING APPLICATION NO. PA07-0157)" At this time, the Planning Commission took a five-minute break. RIMinutesPCI090507 4 4 Plannina Application Nos. PA07-0220. a Development Aareement: PA07-0048. a General Plan Amendment: PA06-0370. a Tentative Tract Map (TIM 35181). PA06-0369 a Development Plan: and PA07-0090 a Minor Exception. submitted bv Temecula Properties. LLC. for a 608.934 sauare foot industrial distribution buildina on 32 acres. and for the future development of the remainina 52 acres to include industrial. commercial. retail. hiah-densitv residential. and/or public institutional facilitv land uses. located at the northwest corner of Dendv Parkwav and Winchester Road By way of PowerPoint Presentation, Associate Planner Schuma highlighted the following: . Project Description . Location . Site Photos, East, West, North, and South . Tentative Tract Map . Professional Hospital Supply (PHS) Site Plan . Floor Area Ratio (FAR) Increases . Elevations . Landscaping . General Plan Amendment . Development Agreement . Environmental Determination. Associate Planner Schuma advised that the City, the Pechanga Tribe, and the applicant have reached an agreement with regard to mitigation measures for cultural resources, and requested the following modifications: . Strike Condition of Approval Mitigation Measure Nos. 17 and 24 . Strike Condition of Approval No. 60 under the Development Plan and Tentative Tract Map . Strike last sentence in Mitigation Measure No. 22 - Further actions shall be determined by the desires of the Most Likely Descendant (MLD) - and replace with: Further action shall be determined pursuant to the California Resources Code Section 5097.98 . Change the terms of the entitlements to run with the 10-year term of the Development Agreement . Modify Condition of Approval No. 122 - Development Plan - which would require a two- year maintenance bond to ensure plant growth is sufficient on the crib wall versus the usual one-year landscape maintenance bond . Modify Planning Commission Resolution for the Development Agreement to reflect that the adoption of an Ordinance by the City Council for the Development Agreement is required With the above-requested modifications to Conditions of Approval, staff would recommend adoption of a Mitigated Negative Declaration and approval of the project for the Professional Hospital Supply (PHS) expansion. At this time, the public hearing was opened. R:\MinutesPCI090507 5 In response to Commissioner Harter's queries regarding language in the Development Aareement, the following was addressed: With respect to 2.3.1 Effective Date, Mr. John Augustine, representing Professional Hospital Supply (PHS), stated that it would be the applicant's intent to remain in the building for a minimum of eight years, and would not be opposed to clarifying the language in the Development Code to state this if this were the desire of the Planning Commission. Assistant City Attorney Lee advised that with respect to 2.4 Termination; that 10.0 Events of Default: Remedies and Termination would clarify what the outcome would be if the City or the owner of the proposed project were to default. Addressing 2.4 Termination, Mr. Marty Weiss, Attorney representing the Garrett Group, stated that 10.4 Institution of Leaal Action would, would address Commissioner Harter's concern of 2.4 Termination. Per Commissioner Harter's suggestion with regard to 2.4 Termination, Mr. Weiss stated that the applicant would not be opposed to adding language in the Development Code that would remedy the possibility of a material default that could not be remedied in a reasonable amount of time for either one of the parties. Referencing 2.9 Infrastructure Phasina Flexibilitv, Mr. Weiss noted that he would not be opposed to tightening up the language in the Development Code. As per 3.1.4 Timina of Development, Mr. Weiss assured Commissioner Harter that the PHS parcel would be developed first and is currently in the planning process; and would not be opposed to modifying the verbiage in the Development Plan to ensure that the PHS parcel is developed first. With respect to 3.1.5 Permits and Approvals Cooperation. Mr. Weiss indicated that the applicant would be willing to revise the verbiage to impose: Good Faith Efforts versus Best Efforts. Addressing 3.6 Acauisition of Riaht-of-Wav for Off-Site Improvements, Director of Pubic Works Hughes advised that there would not be any right-of-way that is known of that would need to be acquired under the provision, and advised that staff would be comfortable with the proposed verbiage as stated in the Development Agreement. Referencing 9.5 Administration of Aareement, Ms. Lee noted that City Attorney Thorson would be able to tighten up the verbiage. With respect to the Operating Covenant Agreement (Professional Hospital Supply), the following was addressed: Mr. Weiss relayed that 2.2 Termination on Failure to Occur, would stand alone and would not be in conjunction with the Development Agreement. Ms. Nancy Daniels, representing the Garrett Group, thanked staff for its efforts with regard to the proposed project, and relayed that she would be available for any questions. R:IMinutesPCI090507 6 Mr. AI Rattan, Temecula, expressed his concern with staffs recommendation that an Environmental Impact report (EIR) would not be required for the proposed project, and requested that the proposed project approvals be delayed until an Environmental Impact Report is completed. Mr. Weiss, representing the Garrett Group, relayed that extensive archaeological studies on the entire site will be conducted and that there would be a low likelihood of cultural artifacts of significance being found on the site; that staff has conditioned the applicant that if any cultural resources were discovered during the project construction, all work in the area of the find shall cease; and that a qualified archaeologist and representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation. At this time, the public hearing was closed. For Commissioner Harter, Assistant City Attorney Lee advised that the Development Agreement would be a public record and could be requested through the Records Department through a records request form. Assistant City Attorney Lee advised that Commissioner Harter's comments with regard to tightening up the Development Agreement were clear. Relaying approval of the proposed project, the Planning Commission agreed upon the revisions to the verbiage to the Development Agreement made by Assistant City Attorney Lee and the applicant. MOTION: Commissioner Guerriero moved to approve staff recommendation subject to the changes to the Development Agreement as requested by Commissioner Harter and the modifications to the Conditions of Approval as stated above per staff's recommendation. Commissioner Harter seconded the motion and voice vote reflected approval with the exception of Chairman Chiniaeff who was absent. PC RESOLUTION NO. 07-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY R:IMinutesPCI090507 7 COUNCIL APPROVE A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0220, A DEVELOPMENT AGREEMENT BETWEEN TEMECULA PROPERTIES, LLC AND THE CITY OF TEMECULA TO AUTHORIZE THE DEVELOPMENT OF AN APPROXIMATE 84 ACRE SITE GENERALLY LOCATED AT THE NORTHWEST CORNER OF WINCHESTER ROAD AND DENDY PARKWAY IN THE CITY OF TEMECULA (APN 909- 370-018 AND 909-370-032) COMMISSIONERS' REPORTS No reports at this time. PLANNING DIRECTOR'S REPORT Assistant City Manager Johnson advised that the hearing of Wednesday, October 3, 2007, will include Forest City's plan for the mall expansion. ADJOURNMENT At 7:45 pm, Vice-Chairman Telesio formally adjourned to September 19.2007 at 6:00 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula. ~,,-~- John esio Vice-C airman ~-~ Debbie Ubnoske Director of Planning R:\MinutesPCI090507 8