HomeMy WebLinkAbout102191 PC MinutesH~NUTES OF A RE~UL~R HEET~N~
OF THE CITY OF TEHECUL~
PLANNING COMMISSION
MONDAY, OCTOBER 21, 1991
A regular meeting of the City of Temecula Planning Commission was
called to order Monday, October 21, 1991, 6:10 P.M., at Vail
Elementary School, 29915 Mira Loma Drive, Temecula, California.
The meeting was called to order by Vice Chairman Linda Fahey.
PRESENT: 4
COMMISSIONERS:
Blair, Fahey, Ford,
Chiniaeff
ABSENT: 1 COMMISSIONERS: Hoagland
Also present were Assistant City Attorney John Cavanaugh, Senior
Planner Debbie Ubnoske, Deputy City Engineer Doug Stewart, Robert
Righetti, Department of Public Works, Gary King, Park Development
Coordinator, and Minute Clerk Gail Zigler.
PUBLIC COMMENT
JOSEPH TERRAZAS, 31160 Lahontan, Temecula, questioned how to
address federal funding for the Pala Road Bridge and with what
agency.
DOUG STEWART advised that there are currently no federal funds
available for improvements to the bridge; however, the City has
added the bridge back into the improvements under AD 159 and the
City is exploring other forms of funding.
COMMISSION BUSINESS
1. APPROVAL OF AGENDA
DEBBIE UBNOSKE advised of the following modifications to the
agenda:
Item No. 5, continued off calendar
Item No. 6A, continued off calendar
Item No. 8, applicant requests continuance, off calendar
Item No. 14, engineering request for continuance to November
4, 1991.
Item No. 15, engineering request for continuance to November
4, 1991.
COMMISSIONER CHINIAEFF moved to approve the agenda
modified, seconded by COMMISSIONER FORD.
as
PCMNIO/21/91 -- 1 -- 10/23/91
PLANNING COMMISSION MINUTES OCTOBER 21, 1991
AYES: 4
COMMISSIONERS:
Blair, Fahey, Ford,
Chiniaeff
NOES: 0 COMMISSIONERS: None
ABSENT: 1 COMMISSIONERS: Hoagland
MINUTES
2.2
Approval of minutes of October 7, 1991 Planning
Commission Minutes.
COMMISSIONER CHINIAEFF amended Page 3, sixth paragraph to
read, "Are we opening the specific plan to allow for
additional park land to be placed for consideration"; and
Page 5, after motion, "Commissioner Chiniaeff returned to
the Commission".
COMMISSIONER FORD amended Page 15, third paragraph and
fourth paragraph, " ..... both the applicant and the
Homeowner's Association meet...".
JOHN CAVANAUGH amended Page 9, under his comments,
"probably" replaced with the word "probable".
COMMISSIONER FAHEY amended Page 6, fourth paragraph,
motion made by Commissioner Ford.
COMMISSIONER BLAIR moved to approve the minutes of
October 7, 1991 as amended, seconded by COMMISSIONER
CHINIAEFF.
AYES: 5
COMMISSIONERS:
Blair, Fahey,
Ford, Chiniaeff,
Hoagland
NOES: 0
COMMISSIONERS: None
CHAIRMAN HOAGLAND arrived at 6:15 P.M. and took over the gavel.
NON PUBLIC HEARING ITEMS
PLOT PLAN ADMINISTRATIVE 192
3.1 Proposal for signage, freeway sign. Located on the west
side of Front Street, North of Lower Highway 79.
MARK RHOADES presented the staff report.
PCMNI0/21/91 -- 2 - 10/23/91
COMMISSION MINUTES OCTOBER 2~, 1992
COMMISSIONER CHINIAEFF asked if staff had reviewed the
sign at any lower elevations.
F,%RK RHOADES stated that staff had reviewed the sign at
a number of lower elevations, and it was not visible.
LOU I~SHMERE, applicant, 19555 Camino Del Paz, Murrieta,
reviewed a letter he received from the oil company which
he plans to contract with, which indicated the company's
concern for doing business at Mr. Kashmere's facility if
he were not allowed the signage at 45'. Mr. Kashmere
stated that without the approval for the proposed
signage, he would have to go back and review the project
and decide if it would be viable without the signage.
Additionally, Mr. Kashmere offered to move the proposed
sign on the other side of the driveway to get it away
from the billboard.
COMMISSIONER FORD stated that future growth of the
freeway landscaping would block the visibility of the
sign for southbound traffic and suggested that a freeway
sign advertising of gas would be sufficient.
CHAIRMAN HOAGLAND asked how the proposed sign appears in
relation to other signage for gas stations.
MARK RHOADES stated that the City has not approved any
signs over 45' since incorporation.
COMMISSIONER BLAIR stated that staff indicated in the
staff report that the proposed sign may be in conflict
with the future general plan and therefore she would not
be in favor of approving.
COMMISSIONER CHINIAEFF stated that he felt Mr. Kashmere
could effectively advertise without 100% visibility from
all directions and moved to continue Administrative Plot
Plan for the next two meetings to allow the applicant the
opportunity to work with staff on a lower height for the
proposed sign, seconded by COMMISSIONER FORD.
AYES: 5
COMMISSIONERS:
Blair, Fahey,
Ford, Chiniaeff,
Hoagland
NOES: 0
COMMISSIONERS: None
PCN~110/21/91 -- 3 - 10/23/91
PLANNING COMMISSION MINUTES OCTOBER 2~, 1991
4. SUBSTANTIAL CONFORMANCE 23
4.1 Proposal to change parking and landscaping.
the Costco center.
Located at
MARK RHOADES presented the staff report.
ALI MOAYERI, representing Costco Wholesale,12705 48th
Avenue, N.E., Kirkland, WA, requested approval to reduce
the landscaping width on the west side of the building to
allow easier mobility of trucks. Mr. Moayeri also
requested that the trellis work proposed for all four
sides of the building be reduced to just the front of the
building. Mr. Moayeri indicated their concurrence with
the staff changes, except to reduce the planter width.
COMMISSIONER CHINIAEFF suggested that the applicant
increase the size of the parking lot landscape finger
along that side of the building.
COMMISSIONER CHINIAEFF moved to Direct staff to issue a
Letter of Substantial Conformance in accordance with
Exhibit No. 3 to reduce the landscape along the westerly
side of the building from 18' to 14', seconded by
COMMISSIONER BLAIR.
AYES: 5
COMMISSIONERS:
Blair, Fahey,
Ford, Chiniaeff,
Hoagland
NOES: 0
COMMISSIONERS: None
5. SUBSTANTIAL CONFORMANCE 21
5.1
Proposal for automated teller machine. Located at the
southeast corner of Front Street and Moreno Road.
COMMISSIONER FAHEY moved
Conformance 21 off calendar,
BLAIR.
to continue Substantial
seconded by COMMISSIONER
AYES: 5
COMMISSIONERS:
Blair, Fahey,
Ford, Chiniaeff,
Hoagland
NOES: 0
COMMISSIONERS: None
PCl~110/21/91 -- 4 - 10/23/91
PL~%NNING COM14ISSION NINUTES OCTOBER 2~, ~99L
TENTATIVE TRACT 25277 AND ZONE CHANGE 5724
Proposal to change the zone from R-R, Rural Residential,
to R-I, single family residential and to create 102
residential lots and 7 open space lots.
CHAIRMAN HOAGLAND opened the public hearing at 7:00 P.M.
GARY CULP, 31045 Via Gilberto, Temecula,present to oppose
the Acacia Development; however, declined testimony until
the next public hearing.
FRED GOOD, 45906 Hopactong Street, Temecula, declined
testimony until the next public hearing.
JOSEPH TERR~ZAS, 31160 Lahontan Street, Temecula,
expressed opposition to the Acacia Development based on
the grading, inadequate infrastructure and flooding of
the Pechanga Creek.
DONALD WILKENS, 31176 Washana Court, Temecula, expressed
opposition to the Acacia Development based on the
grading, density, and inadequate infrastructure.
DON WHITE, 31109 Via Gilberto, Temecula, expressed
opposition to the Acacia Development based on the
grading, densities, traffic and flooding of the creek.
COMMISSIONER FORD moved to close the public hearing at
7:05 P.M. and continue Tentative Tract Map No. 25277,
Change of Zone No. 5724 off calendar and re-notice the
public hearing, seconded by COMMISSIONER FAHEY.
AYES: 5
COMMISSIONERS:
Blair, Fahey,
Ford, Chiniaeff,
Hoagland
NOES: 0
COMMISSIONERS: None
CHAIRMAN HOAGLAND declared a recess at 7:05 P.M.
reconvened at 7:15 P.M.
The meeting
6. TELEVISION/RADIO ANTENNA ORDINANCE
Proposal for an ordinance establishing regulations for
television/radio antennas, city wide.
OLIVER MUJICA presented the staff report.
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PLANNING COMMISSION MINUTES OCTOBER 21o 1991
COMMISSIONER CHINIAEFF questioned if the intent of the
City Council in proposing this ordinance was to ban or
control all antennas.
OLIVER MUJICA advised that the way Ordinance 348 is
currently written it leaves it open to roof mounted
antennas. The major intent of this ordinance is to
control roof mounted commercial transmitting antennas.
After further research the Planning Director was directed
to prepare an ordinance which addressed all types of
antennas.
COMMISSIONER CHINIAEFF questioned if staff reviewed the
requirements for the FCC as it relates to amateur radio
operators.
OLIVER MUJICA advised that the federal regulations would
be satisfied by exempting amateur radio operators.
CHAIRMAN HOAGLAND questioned the effect on existing roof
mounted antennas.
OLIVER MUJICA stated that existing roof mounted antennas
would have a one year amortization and would be required
to be removed at expiration.
JOHN CAVANAUGH advised the Commission that the City
Council had decided that in order to address special
circumstances, such as the inability to receive
reception, they must provide a variance procedure to the
ordinance.
OLIVER MUJICA also stated that some cities allowed for
retracting antennas; however, this creates an enforcement
problem.
COMMISSIONER CHINIAEFF questioned who gives approval on
the variance.
JOHN CAVANAUGH recommended that the variance procedure
come before the Planning Commission.
CHAIRMAN HOAGLAND opened the pubic hearing at 7:30 P.M.
The following individuals spoke against banning amateur
radio antennas, addressing their importance in the case
of disaster preparedness for fire, flood, earthquake,
etc.:
PCiMNIO/21/91 -- 6- 10/23/91
PLi~NNING COMMISSION MINUTES OCTOBER 2~o 1991
e
ROBERT BERG, 42701 Via Del Campo, Temecula.
MICHAEL TUCCI, 42325 Via Consuelo, Temecula.
MARGARET TUCCI, 42325 Via Consuelo, Temecula.
JULIE SZABO, P.O. Box 1335, Wildomar.
RICK SAVAGE, 43120 Vista Del Rancho, Temecula.
JOSEPH TERRAZAS, 31160 Lahontan Street, Temecula.
COMMISSIONER FAHEY expressed a concern that there were
discrepancies in the report, as well as the ordinance,
and the Commission needed clarification on what was
exempt.
COMMISSIONER FAHEY moved to continue Television/Radio
Antenna Ordinance to allow staff to answer the questions
raised by the Commission, seconded by COMMISSIONER
CHINIAEFF for discussion.
COMMISSIONER CHINIAEFF suggested that staff look at the
legality of disallowing amateur radios and also the
technical issue of retracting antennas.
COMMISSIONER FORD added the variance procedure to that.
JOHN CAVANAUGH advised that the City Attorney's office
would prepare a full set of variances as well as review
the boundaries of exempting amateur radios. Mr.
Cavanaugh stated that the City Attorney's office would
have to research whether the ordinance can exempt amateur
radio antennas entirely and still target other antennas.
COMMISSIONER FAHEY moved to continue Television/Radio
Antenna Ordinance and continue the public hearing to the
second Planning Commission meeting on November 18, 1991,
seconded by COMMISSIONER FORD.
AYES: 5
COMMISSIONERS:
Blair, Fahey,
Ford, Chiniaeff,
Hoagland
NOES: 0
COMMISSIONERS: None
ADULT BUSINESS ORDINANCE
7.1 Proposal for an ordinance to regulate Adult Business
within Temecula City Limits.
OLIVER MUJICA presented the staff report.
PCMNI0/21/91 -- 7 - 10/23/91
PLANNING COMMISSION MINUTES OCTOBER 21, 1991
CHAIRMAN HOAGLAND questioned what if an adult business
came in and applied for a permit and a church comes in
and rents space in the same facility and is within 1000
feet.
JOHN CAVANAUGH advised that legally speaking you cannot
prohibit the adult use from being established where it
was originally approved.
CHAIRMAN HOAGLAND suggested that (D) on page 14 of the
ordinance should be revised as well as (6) on page 16.
JOHN CAVANAUGH revised (D) to read "...permit or renewal
unless"; and (6) to read "A picture arcade".
COMMISSIONER FAHEY moved to close the public hearing at
8:00 P.M. and Adopt Resolution No. P.C. 91-(next)
recommending adoption of the Adult Business Ordinance.
JOHN CAVANAUGH advised that a recent case law requires
that all C.U.P.s must have a time limitation for being
enacted upon. Mr. Cavanaugh suggested the following
wording be added to the ordinance under time limitation
"An application for a C.U.P. shall be reviewed and
enacted upon within 60 days from the date the application
was deemed complete." COMMISSIONER CHINIAEFF suggested
making it 90 days and seconded the motion.
AYES: 5
COMMISSIONERS:
Blair, Fahey,
Ford, Chiniaeff,
Hoagland
NOES: 0
COMMISSIONERS: None
COMMISSIONER FORD asked that the Commissioners receive a
copy of the map plotting the sensitive areas.
JOHN CAVANAUGH advised that the plotting of these areas
will have to be done before the ordinance is adopted by
the City Council.
8. CONDITIONAL USE PERMIT (CUP 13)
8.1
Proposal of tenant improvement of an existing structure
within the M-SC Zone for use as an indoor shooting range
with accompanying retail sales of firearms and
ammunition.
CHAIRMAN HOAGLAND advised that a letter was received by
PCMNIO/21/9! -- 8 -- 10/23/9!
PLANNING COMMISSION MINUTES OCTOBER 21, 1991
the applicant to continue CUP 13 off calendar.
COMMISSIONER FORD moved to continue Conditional Use
Permit 13 off calendar, seconded by COMMISSIONER FAHEY.
AYES: 5
COMMISSIONERS:
Blair, Fahey,
Ford, Chiniaeff,
Hoagland
NOES: 0
COMMISSIONERS: None
SECOND EXTENSION OF TIME FOR VESTING TRACT MAP NO. 23125
9.1
Proposal to subdivide 88.4 acres into 215 single family
residential lots. Located at the northeast corner of
DePortola and Butterfield Stage Road.
RICHARD AYALA presented the staff report.
COMMISSIONER FORD made the following clarification to the
Conditions of Approval for the TCSD:
Condition 20 should reference Lots 213 and 214; Condition
22 should read Lot 218 instead of Lot "A"; Condition 22
should read Lot 217 instead of Lot "B"; Condition 23
should reflect 11.1 acres instead of 12 acres, Lot 215
for Lot "C" and Lot 217 for Lot "B" and amended to read
,
" .upon completion and acceptance by the TCSD "-
Condition 24 should read Lot 216 instead of Lot "D"; and
the interior slopes are Lots 219 consecutively through
Lots 225.
CHAIRMAN HOAGLAND opened the public hearing at 8:15 P.M.
RON WILLIAMS, Ranpac Engineering, 27447 Enterprise Circle
West, Temecula, representing the applicant, concurred
with staff's recommendation.
COMMISSIONER FAHEY moved to close the public hearing at
8:15 P.M. and recommend forward the following
recommendation to the City Council: Accept Environmental
Impact Report No. 263 for Second Extension of Time for
Vesting Tentative Tract Map No. 23125 and Adopt
Resolution No. 91-(next) approving Second Extension of
Time for Vesting Tentative Tract Map No. 23125, subject
to the modifications to the Conditions of Approval as
noted above, seconded by COMMISSIONER FORD.
PCMNlO/21/91 -- 9- 10/23/91
PL~qNING COI~ISSION NINUTES OCTOBER 2~, ~99L
CHAIRMAN HOAGLAND stated that he felt it was
inappropriate to approve these zone changes prior to
completion of the General Plan.
AYES: 4
NOES: 1
COMMISSIONERS:
COMMISSIONERS:
Blair, Fahey,
Ford, Chiniaeff
Hoagland
CHAIRMAN HOAGLAND requested staff present Items No. 10, No. 11, No.
12 and No. 13 together.
COMMISSIONER CHINIAEFF stepped down due to a conflict of interest.
DEBBIE UBNOSKE presented the staff report.
DEBBIE UBNOSKE advised that staff had received a letter from the
City of Murrieta requesting a continuance of these four items to
allow their staff time to work with the City on generating traffic
studies to deal with circulation problems relative to the City of
Murrieta.
DEBBIE UBNOSKE advised of the following amendment to Condition No.
19 of Parcel Map No. 24085, adding the following two notes:
"Property is affected by earthquake faulting and ground fissures.
Structures for human occupancy shall not be allowed in the fault
and ground fissure area." Also, "County geological report #627
performed on June 7, 1989 by Schaeffer Dixon and Associates, is on
file with the County of Riverside Planning Department. Specific
items of concern are: Earthquake faults, fissuring and land
subsidence, as well as landsliding, liquefaction and uncompacted
landfill.
CHAIRMAN HOA~LAND requested that the traffic department advise the
Commission of their discussions with the City of Murrieta.
ROBERT RI~HETTI stated that staff would be adding the following
condition to the Traffic Department Conditions for all of the
parcel maps, under prior to recordation of the final map: "The
developer shall provide bus turn-outs with pedestrian entrances as
approved by the Riverside Transit Authority and the Department of
Public Works. Turn-outs shall be shown on the street improvement
plans. Additionally, Mr. Righetti amended Condition No. 84 of
Parcel Map No. 25139 to read "Diaz Road at Cherry Street".
DOUG STEWART advised that in staff's meeting with the City of
Murrieta Planning Director and City Engineer, they were advised
that the City of Murrieta did not have time to address these
PCMNI0/21/91 -- 1 0- 10/23/91
PLANNING COHMISS~ON H[NUTES
OCTOBER 21, 1991
issues. They indicated that they need time to study the proposals
in relation to the bypass corridor, which they are two years away
from. Mr. Stewart offered that the Commission could respect their
wishes and continue this item off-calendar or take the stand that
this is an issue that staff and elected officials have been
studying for quite some time.
CHAIRMAN HOAGLAND opened the public hearing at 8:30 P.M.
DEAN ALLEN, 27450 Ynez Road, Temecula, representing Johnson &
Johnson as president indicated the applicant's concurrence to the
staff report and modifications to the Conditions of Approval. Mr.
Allen provided a brief history of the project.
MAX URESOL, 9968 Hybrid Street, San Diego, representing 50 City
Center Associates concurred with the Staff's recommendation and
requested the Commission's acceptance.
CHAIRMAN HOAGLAND questioned if the entire project was in the flood
plain.
MR. URISOL stated that only a portion of the project was in the
flood plain, which is currently being used for special events and
may be permanently designated for use for special events.
BILL DENDY, 9679 Old Castle Road, Valley Center, one of the owners,
explained that based on a marketing strategy they will offer
smaller parcels.
ED BEECH 44602 Harvey Street, Murrieta, accept all conditions and
requests the Commissions acceptance.
COMMISSIONER FORD questioned how far Parcel Map 25408 will cut into
the chaparral.
ED BEECH stated that it would be just above the portion that they
show as graded.
FRED WIESHAUPL, representing NBS Lowry, advised that three of the
council members are working on the traffic circulation for this
development with Cal Trans.
COMMISSIONER FORD expressed a concern for going forward without the
input from the City of Murrieta.
CHAIRMAN HOA~LAND stated that he had concerns regarding the
political ramifications in working with the neighboring community;
however, he felt it would be unfair to the applicant to continue
again. Mr. Hoagland stated that after reviewing the staff report
PCMNI0/21/91 -- 11- 10/23/91
PL]%NNING COMMISSION MINUTES OCTOBER 21, 1991
and hearing the testimony, he would feel comfortable with sending
forth a recommendation to the Council that they approve this map.
Mr. Hoagland added that the Council could deny the recommendation
based on the information they receive.
DOUG STEWART stated that the city is planning on going out with a
request for qualifications on certain issues of the western by-pass
corridor that only affect Temecula. The request is going to look
at an alignment study and intersection study. There is an
opportunity for the City of Murrieta to join us in the study and
add how the by-pass corridor could affect their proposed
circulation element. Mr. Stewart added that he was not sure how
long that would take; however, he did not see a quick decision on
this from the City of Murrieta for a couple of months.
COMMISSIONER FORD stated that he had no problems with the first two
maps (PM 24085 and 24086); however, he still has a problem with the
grading on the other two maps. COMMISSIONER FAHEY concurred that
she too expressed a concern for the grading.
10. PARCEL M~P 24085
10.1 Proposal to create 57 commercial/industrial parcels on a
73 acre site in the M-SC zone. Located on the westerly
side of Diaz Road, north of the future extension of
Winchester Road.
COMMISSIONER FORD moved to close the public hearing at
9:00 P.M. and recommend that the City Council Adopt the
Negative Declaration for Parcel Map No. 24085 and Adopt
Resolution 91-(next) approving Tentative Parcel Map No.
24085 with modifications to Condition 19 relating to
earthquake faulting and notification of geological
testing and Transportation Condition 84 added, as noted
above, seconded by COMMISSIONER FAHEY.
AYES: 4
COMMISSIONERS:
Blair, Fahey,
Ford, Hoagland
NOES: 0
COMMISSIONERS: None
ABSTAIN:I
COMMISSIONERS: Chiniaeff
11. PARCEL MAPS 24086
11.1 Proposal to create 49 commercial/industrial parcels on
a 70 acre site in the M-SC zone. Located on the westerly
side of Diaz Road, north of the future extension of
Winchester Road.
PCNINI0/21/91 -- 12 - 10/23/91
PLkNNING COMMISSION MINUTES OCTOBER 21, 1991
COMMISSIONER FORD moved to close the public hearing at
9:00 P.M. and recommends that the city Council Adopt the
Negative Declaration for Parcel Map No. 24086 and Adopt
Resolution 91-(next) approving Tentative Parcel Map No.
24086, adding Transportation Condition 86, seconded by
COMMISSIONER FAHEY.
AYES: 4 COMMISSIONERS: Blair, Fahey,
Ford, Hoagland
NOES: 0 COMMISSIONERS: None
ABSTAIN:i COMMISSIONERS: Chiniaeff
CHAIRMAN HOAGLAND requested that in the overall staff report we
urge the City Council to continue to work with the City of Murrieta
on traffic issues.
12. PARCEL MAP 25139
12.1 Proposal to create 66 commercial/industrial parcels on a
97 acre site in the M-SC zone. Located on the westerly
side of Diaz Road, north of the future extension of
Winchester Road.
COMMISSIONER FORD moved to continue Parcel Map 25139 for
two weeks to look at the cut area on the westerly slope
edge where the existing chaparral is and including
modification to Condition 84 to refer to Diaz Road as
opposed to Winchester Road. DOUG STEWART suggested
having the applicant stake the upper boundaries of that
tract so that the Commission could see where it falls on
existing terrain. The applicant concurred with the
request. COMMISSIONER BLAIR seconded the motion.
The applicant provided the Commission with a picture of
the boundaries.
AYES: 4
COMMISSIONERS:
Blair, Fahey,
Ford, Hoagland
NOES: 0
COMMISSIONERS: None
ABSTAIN:i
COMMISSIONERS: Chiniaeff
13. PARCEL MAP 25408
13.1 Proposal to create 20 commercial/industrial parcels on a
36 acre site in the M-SC zone. Located on the
southwesterly side of Diaz Road, southwest of the future
extension of Winchester Road.
PCMNI0/21/91 -- 13 - 10/23/91
PLANNING COMMISSION MINUTES OCTOBER 21, 1991
COMMISSIONER FORD moved to continue Parcel Map 25408 for
two weeks to look at the cut area on the westerly slope
edge where the existing chaparral is and have the
applicant stake the upper boundaries of the tract for the
Commissions review. The applicant concurred with the
request. COMMISSIONER FAHEY seconded the motion.
AYES: 4 COMMISSIONERS: Blair, Fahey,
Ford, Hoagland
NOES: 0 COMMISSIONERS: None
ABSTAIN:i COMMISSIONERS: Chiniaeff
COMMISSIONER CHINIAEFF returned to his seat.
CHAIRMAN HOAGLANDtook action on the following two items together.
14. EXTENSION OF TIME TENTATIVE TRACT NO. 22761
14.1 Proposal for second Extension of Time for a 50 lot
residential subdivision on 16.7 acres. Located on the
west side of Ynez Road, North of Pierce Lane.
15. EXTENSION OF TIME TENTATIVE TRACT NO. 22762
15.1 Proposal for second Extension of Time for a 80 lot
residential subdivision on 28 acres. Located on the west
side of Terra Vista Road, south of Ynez Road.
CHAIRMAN HOAGLAND opened the public hearing at 9:20 P.M.
DENNY HILBERT, 43180 Business Park Drive, Temecula,
representing the applicant, stated that they were in the
process of completing the erosion control plan and
concurred with the recommendation for continuance.
COMMISSIONER BLAIR moved to continue Extension of Time
for Tentative Tract No. 22761 and Tentative Tract No.
22762 and continue the public hearing until November 4,
1991, seconded by COMMISSIONER CHINIAEFF.
AYES: 5
NOES: 0
COMMISSIONERS:
COMMISSIONERS:
Blair, Fahey,
Ford, Chiniaeff,
Hoagland
None
16. VESTING TENTATIVE TRACT NO. 26828/CHANGE OF ZONE NO. 13
16.1 Proposal to change zone from R-R to R-1 and a proposal to
PCMNI0/21/91 -- 14 - 10/23/91
OCTOBER 2~, ~99~
subdivide 35.5 acres into 130 residential lots. Located
at the northwest corner of Rita Way and Seraphina Road.
~ARK R~OADES presented the staff report.
COI~ISSIONER F~.IEY stated that the last page of the
airport study references that the Airport Land Use
Planning Handbook further recommends no more than three
dwelling units per acre and the maximum structural
coverage of the area to be less than 20% in the traffic
pattern areas. Although this report was not prepared for
this project, but was prepared for the adjacent project,
this project is proposed at higher densities.
MARK RHOADES stated that the lot sizes were the same on
the adjacent tract; however, there was a large easement
on the adjacent project.
COMMISSIONER FORD questioned if there was an aviation
easement requirement.
~%RK R~OADES advised that there was not a requirement;
however, staff had received a letter from the A.L.U.C.
requesting one.
COMMISSIONER FAHEY questioned council on the City's
liability in overruling the A.L.U.C.
JOHN CAVANAUGH advised that the City would not assume the
liability; however, it relieves the operator of the
liability. Mr. Cavanaugh added that whatever the
recommendation is to the City Council on this matter, the
provisions of the Public Utilities Code requires that if
it is the decision of the City Council to override the
recommendation by the Airport Land Use Commission, it
must make specific findings that the particular project
falls in line with purposes and intent of state law,
saying that there is not a noise problem, air safety
problem, etc.
C~AIRMA~ HOA~LA~D opened the public hearing at 9:30 P.M.
DON LOHR, Lohr & Associates, 43515 Ridge Park Drive,
Temecula, expressed concurrence with the staff report and
requested that Condition No. 75 be deleted. Mr. Lohr
stated that they would participating in signal mitigation
through the form of fees paid.
ROBERT RI~HETTI advised that the City's policy on signal
PCMN10/21/91 -- 1 5 -- 10/23/91
PLYING COl~ISSION NINUTES OCTOBER
mitigation fees is that the fees are being used on
signals of regional impact. The rest are developer
driven. In the case of the signals associated with Tract
23145, adjacent to this Tract, these two signals will be
paid for by the developer. Mr. Righetti added that if
these two signals had fallen within the City's
boundaries, staff would have conditioned the applicant to
participate in these signals through a reimbursement
agreement. Staff has tied the occupancy of this Tract to
those signal warrants; however, if the signals are not
warranted, staff has no objection to giving occupancy.
COMMISSIONER FORD questioned if the applicant would be
opposed to providing permanent irrigation to the slopes
behind the homes which are to be homeowner maintained.
DON LOHR stated that they would not be opposed to
irrigating these slopes. MARK RHOADES added that the
applicant was conditioned to irrigate these slopes.
COMMISSIONER CHINIAEFF stated that he met with Mr. Lohr
prior to the meeting to review the proposal and at the
time discussed the lots with the large slopes. He
offered that the applicant has the ability to adjust the
top of the slope to the property line by taking out two
lots on each side of "C" Street as an alternative.
DON LOHR indicated that the applicant does not feel that
this is necessary and the easements will be a reasonable
solution.
COMMISSIONER FORD questioned if the applicant would be
willing to install the interior fencing. The applicant
responded that they understood they would be responsible
for that fencing.
COMMISSIONER FORD stated that he would like to see 15
gallon to 24" box trees.
DON LO~R stated they would be willing to amend the
condition to read "as approved by staff".
COMMISSIONER CHINIAEFF asked if the applicant was
proposing to put a fence at the top of slopes 91 through
98, as well as along Serafina and questioned who will
maintain the down slopes along the retaining wall.
DAVID LOCKE, Lohr Associates, stated that what was
proposed was that the wall would be at the top of the
PCNINI0/21/91 -- 16- 10/23/91
PLANNING COl~IISSION NINUTES OCTOBER 22, ~99L
slopes and would be maintained by the TCSD.
GARY KING stated that he was not aware that this was the
intent of the Condition that the TCSD maintain the slope
area. At this time there has been no discussion of
turning those slopes over to the TCSD; however, if that
is the intent, they must go through the normal
application process.
HARK R~OADES stated that the Condition reads that the
developer is responsible for the upkeep of the slopes
until such time as the TCSD would take over the
maintenance.
COMMISSIONER CHINIAEFF stated that with no Homeowner's
Association, there has to be a way of maintaining these
slopes.
DON LOHR stated that they hope the TCSD would take over
the maintenance of these slopes and would proceed with
making application.
COMMISSIONER FAHEY stated that the real issues were the
conditions and findings.
DON LOHR advised the Commission that the land use has
already been established in this area. The project is
not located in the flight path of the main runway and the
project is barely in the 2 mile radius. He added that
the sound study showed that the project is not affected
by the sound of the airport.
COMMISSIONER FORD stated that he asked staff and City
Attorney to review the requirement for school fee
mitigation.
DON LOHR agreed to bring the School Fee up to building
permit stage.
JOHN CAVANAUGH advised that if the recommendation is for
approval, staff will re-write Conditions 27 and 29 and
advise as to what position the City will take.
HARK RHOADES advised of the following modifications to
the Conditions of Approval: deletion of Condition 10;
Condition 16(A), No. 5, add "All properties adjacent to
public right-of-ways; and Condition No. 14(A) the
developer shall acquire easements for the placement of
top of slope fencing for Lots 109 through 116 and 118,
PCMN10/21/91 -- 17- 10/23/91
PLI%NNING COMMISSION MINUTES OCTOBER 21, 1991
129, and 130.
ROBERT RIGHETTI advised that after discussion, staff
feels that Condition 75 should remain as written.
COMMISSIONER CHINIAEFF stated that he was concerned with
recommendation by the Airport Land Use Commission;
however, this is the only land that does not have houses
approved on it in that area.
COMMISSIONER FORD stated that the Commission will have to
make those findings that are going to approve this tract
which is that the Commission has reviewed the sound study
that shows that the noise levels are not detrimental; the
densities are complimentary to other areas that fall
within the jurisdiction and that there are housing
developments closer to the airport that are already
built.
COMMISSIONER FAHEY stated that she felt the Commission
did not need to compound the problems that already exist
and that the Commission does not have the data to
override the decision by the Airport Land Use Commission.
COMMISSIONER FAHEY moved to close the public hearing at
10:10 P.M. and recommend Denial of the Negative
Declaration for Vesting Tentative Tract Map No. 26828 and
Change of Zone No. 13 and recommend Denial of Vesting
Tentative Tract Map No. 26828 and Change of Zone No. 13
based on the recommendation by the Airport Land Use
Commission, seconded by COMMISSIONER BLAIR.
COMMISSIONER CHINIAEFF stated that he has concerns about
the design of the tract and landscaping of.the parkways;
however, he was not sure he felt that the proposal should
be denied.
AYES: 3
COMMISSIONERS:
Blair, Fahey,
Hoagland
NOES: 2
COMMISSIONERS: Chiniaeff, Ford
PLANNING DIRECTOR REPORT
None
PLANNING COMMISSION DISCUSSION
IK2MN10/21/91 -- 18 - 10/23/91
PL~qING COMMISSION MINUTES OCTOBER 21, 1991
COMMISSIONER CHINIAEFF requested that staff provide the specific
Item minutes in the staff report when bringing back continuances to
the Commission.
OTHER BUSINESS
None
ADJOURNMENT
COMMISSIONER BLAIR moved to adjourn at 10:10 P.M.,
COMMISSIONER FORD.
seconded by
The next regular meeting of the City of Temecula Planning
Commission will be held Monday, November 4, 1991, 6:00 P.M., Vail
Elementary School, 29915 Mira Loma Drive, Temecula.
PCMNI0/21/91 -- 19 - 10/23/91