HomeMy WebLinkAbout040797 PC MinutesMINUTES OF A REGULAR MEETING
OF THE CITY OF TEMECULA
PLANNING COMMISSION
APRIL 7, 1997
A regular meeting of the City of Temecula Planning Commission was called to order on Monday, April 7, 1997,
6:01 P.M., at the City of Temecula Council Chambers, 43200 Business Park Drive, Temecula, California. Co-
Chairman Slaven presiding.
PRESENT: Miller, Slaven, Soltysiak, Webster
ABSENT: Fahey
Also present were Community Development Director Gary Thomhill, Principal Engineer Ron Parks, Assistant
City Attorney Rubin D. Weiner, Planning Manager Debbie Ubnoske, Senior Planner Dave Hogan, Associate
Planner Matthew Fagan, Assistant Engineer Larry Cooley and Minute Clerk Pat Kelley.
PUBLIC COMMENTS
Co-Chairman Slaven called for public comments on non-agenda items. There were no requests to speak.
COMMISSION BUSINESS
1. Approval of Agenda
Co-Chairman Slaven requested Item 5 be heard after Item 6 as the proponents, who were from out of
town, had not arrived.
It was moved by Commissioner Miller, and seconded by Commissioner Webster, to approve the agenda
as amended.
The motion carried as follows:
AYES: 4 COMMISSIONERS: Miller, Slaven, Soltysiak, Webster
NOES: 0 COMMISSIONERS: None
ABSENT: 1 COMMISSIONERS: Fahey
Chairman Fahey arrived at 6:03 P.M.
2. Approval of March 17, 1997 Minutes
It was moved by Commissioner Miller, and seconded by Commissioner Webster, to approve the minutes
of March 17, 1997, with the following amendments:
Page 3, last paragraph, add Commissioner Soltysiak requested clarification that other developers would
not be subsidizing this developer's infrastructure cost.
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Page 5, second paragraph, "Commissioner Soltysiak asked to see the proposed grading..."
The motion carried as follows:
AYES: 5
NOES: 0
ABSENT: 0
COMMISSIONERS: Miller, Slaven, Soltysiak, Webster, Fahey
COMMISSIONERS: None
COMMISSIONERS: None
DIRECTOR'S HEARING UPDATE
Planning Manager Debbie Ubnoske stated she was available to answer any questions. There were none.
Best Western Freeway Sign (PA97-0065)
Senior Planner Dave Hogan presented the staff report.
Commissioner Webster asked if the applicant had received any tree trimming from Caltrans. Mr. Hogan
replied the applicant started with Caltrans, but Caltrans only approves selective tree thinning and the trees
need to be topped.
Commissioner Slaven asked if the trees have reached full maturity, and if there are other areas on the
property to locate a lower sign. Ms. Ubnoske stated Caltrans say the trees have reached full maturity,
however, the City's landscaper says they can grow higher. Mr. Hogan stated the property is bordered
by trees and there is no other viable location alternative.
Commissioner Slaven commented that since the trees along the freeway will continue to grow, increasing
the sign height will not solve the problem on a long-term basis.
Chairman Fahey suggested freeway oriented signage would be an appropriate item for discussion at the
tentative April 29, 1997, joint City Council/Planning Commission meeting.
Commissioner Webster stated he did not believe it was necessary to wait for the joint meeting to decide
this particular matter as the outcome from that meeting will not change the decision made tonight.
Commissioner Miller expressed his concern over other requests for higher signs and stated he cannot
support a sign higher than Burger King's 40' sign.
It was moved by Commissioner Slaven, and seconded by Chairman Fahey, to continue the item until after
the joint City Council/Planning Commission meeting and to have freeway oriented signs added to that
agenda.
Chairman Fahey stated an understanding is necessary of how the City wants the landscape along the
freeway to appear; for example, is it City policy to ensure businesses are clearly visible, or to have
greenscape along the freeway. Mr. Hogan stated staff has begun to look at signing and landscaping on
a compatible basis so they work together.
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The motion carried as follows:
AYES: 4
NOES: 1
ABSENT: 0
COMMISSIONERS: Miller, Slaven, Soltysiak, Fahey
COMMISSIONERS: Webster
COMMISSIONERS None
6. Planning Application No. PA96-0345 - (Development Plan, Palomar Village Shopping Center)
Commissioner Webster stated although his residence is in the adjacent area, he is beyond the conflict of
an interest limit.
Assistant City Attorney Weiner asked Commissioner Slaven to confirm she does not have any
predisposition regarding how the grounds mentioned in her letter of March 25, 1997, may come out in
this hearing. Commissioner Slaven stated she would make her decision solely based on the evidence
presented in the hearing.
Senior Planner Dave Hogan presented the staff report.
Commissioner Webster asked if the requested uses are permitted or conditionally permitted. Mr. Hogan
replied they are permitted uses.
Commissioner Webster asked if a signal is planned for the Margarita Road/Yukon intersection. Assistant
Engineer Larry Cooley answered no signal is scheduled at this time because the intersection does not meet
warrants -- trip counts for Margarita Road, just north of Rancho California Road, were 13,500 daily as
of July 1996. Principal Engineer Ron Parks stated the maximum allowable is approximately 20,000 per
day.
Commissioner Slaven questioned if the tanker trucks can safely enter and exit the facility from Yukon.
Mr. Cooley stated the turning radii at the intersection can accommodate a tanker truck and Yukon was
originally approved as a commercial collector street.
Commissioner Miller questioned whether the loaded weight of 23 service tankers monthly will overstress
the street. Mr. Cooley replied he does not feel this is a concern.
Commissioner Slaven stated landscaping and driveway access will displace parking spaces and question
the depth from the driveway property line to the landscaping area. Mr. Hogan answered it is about 15'.
Chairman Fahey opened the public hearing at 6:45 P.M.
Larry Markham, 41750 Winchester Road, representing the applicant S&L Oil, JV, stated the applicant
remains in concurrence with the Conditions of Approval as modified at the March 13, 1997 Directors'
hearing. He provided additional detail regarding lighting (1/4-foot candle at the sidewalk, and sufficient
for the Police Department) and landscaping. He suggested the shrubs be moved to the outside of the
buffer wall, and said the applicant is willing to make a right-turn exit only at the car wash to eliminate
stop sign problems. Mr. Markham stated the applicant continues to request @ 24-hour operation for the
gas station.
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Commissioner Slaven asked if new trees were planned for the north side of the property. Mr. Markham
replied five (5) or six (6) 24" box London Plain, trees, and pines, and shrubbery, are planned along the
wall or berm. Mr. Markham suggested Condition 6F be modified to put the landscape buffer outside the
wall.
Commissioner Slaven asked if the height of the canopy could be lowered. Mr. Markham stated lowering
the canopy could restrict RV service.
Commissioner Slaven questioned the need for the service station to operate 24 hours a day. Mr.
Markham replied competing stations are presently open 24 hours.
Joanne Boggein, 30591 Hollyberry Lane, representing the Village Homeowners Association, stated when
driving a full size van, she has problems pulling onto Yukon with cars parked on both sides and
questioned a tanker being able to make the move safely. She presented photos of businesses in the
Palomar Center and Temecula illustrating tile roofs and small signage and requested any slanting or
visible portion of the buildings be tile rather than metal. Ms. Boggein stated the Long Valley Wash could
be a victim of hazardous spills and runoff and asked if Shell or the developer would post bonds for
damages and health hazards to clean up the wash. She mentioned this is the first service station in a
residential area.
Barbara Michael, 30300 Churchill Court, representing the Village Homeowners Association, spoke in
opposition to the project due to the increase in noise and light levels.
Jim Contopulos, 42075 Humber Drive, representing the Village Homeowners Association, spoke in
opposition to the project due to excess lighting created by a 24-hour operation.
David Michael, 30300 Churchill Court, representing the Village Homeowners Association, spoke in
opposition to the project because of an increase in traffic, noise, and lighting in the area. However, if
the project is approved, he recommended the applicant pay half of the cost for a signal at Yukon and
Margarita Road. He stated only one meeting was held with the homeowners and all attendees were
opposed to the project.
Sharon Mayberry, 42055 Kaffirboom Court, spoke in opposition to the project due to an increase in
accidents and the safety of children on Yukon.
Curtis Schen, 42136 Teatree Court, representing KFC and a Village Grove property owner, spoke in
favor of the project and stated the restaurant manager is very conscientious and has addressed concerns
raised by homeowners.
Commissioner Slaven asked if it is anticipated that most of the customers will be drive-thru ones. Mr.
Schen replied the business is geared for drive-thru traffic and he does not anticipate many dining room
customers as they only have two (2) booths and seating for two at a counter.
Commissioner Slaven expressed concern about customers crossing the drive-thru lane since a majority
of the parking is on the west side. Mr. Schen replied KFC believes their customers will be from the gas
station rather than the Center. He suggested signage might be helpful.
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Frank Villirilli, 30371 Red River Circle, spoke in opposition to the project because of odors, accidents,
and trailer truck noise.
Peter Rathbun, 24399 Avenida Musico, Murrieta, representing the Village Homeowners Association,
expressed concern the project is not meeting discharge requirements. He said rather than going into an
approved concrete or underground system; the proposed storm drain system has been incorporated into
the area's green belt. Mr. Rathbun stated that most car washes do not meet OSHA noise pollution
requirements at significant distances from the blower/dryer assembly.
Michelle Dawn, 41880 Humber, spoke in opposition to the proposal because of the loss of parking spaces
and increased traffic.
Gus Friedel, 42140 Teatree, spoke in opposition to the project due to landscaping restrictions in the
Village Grove CC&Rs, which homeowners will prevent use of landscape material to block out noise.
Katharine Lara, 42162 Sweet Shade Lane, stated opposition to the proposal because increased traffic will
adversely affect those who like to walk/jog/run in the area.
Mike Helfrich, 42144 Teatree Court, spoke in opposition to the project.
Don Harper, 42020 Teatree Court, spoke in opposition.
Debra Prentice, 30445 Shenandoah Court, spoke in opposition to the project because there is nothing to
advance the village center concept; to the contrary, it creates additional vehicular traffic.
In response to the concerns raised, Mr. Markham reiterated; 1) The traffic generated by this facility will
be below the 5 % allowable range of additional impact. 2) The center has paid about $55,000 in traffic
mitigation fees which should pay for half of a signal at Yukon and Margarita Road. 3) He said double
wall tanks with censoring devices which tie into HAZMAT will be installed and HAZMAT holds the
developer liable for any h_a7_nrdous spills. 4) The applicant offers to put in a chamber catch basin, which
is an anticipated future municipal/industrial best management practice for EPDS. 5) The car wash has
a clarifier system which basically recirculates the water; Eastern Water District will monitor for any
violations. 6) Mr. Markham stated the planned tanker access is along Margarita Road onto Yukon, but
a routing through the center is possible. He accepted the condition that no light spillage shall occur
beyond the property line. He provided staff with a car wash acoustic study showing the dryer end, the
noisiest area, will have a decibel reading of less than 75 at 30 feet. The developer will accept a condition
that noise generated by the car wash will not exceed ambient noise levels for Margarita and Rancho
California Roads. Mr. Markham stated a complete pedestrian walking system around the site has been
provided, and Lucky's has approved the project. He added the metal roof was dictated by staff to match
existing buildings and the developer is neutral on style and open to modification. Mr. Markham
mentioned the nine (9) existing trees along Yukon will be retained (the diseased ones replaced) and five
(5) additional ones at about 20' spacing are planned, as well as some on Margarita Road.
Commissioner Slaven asked how HAZMAT and the fire department were notified of hazardous leaks.
Mr. Markham explained an automatic alarm system, with a dedicated phone line to HAZMAT, issues
such a warning.
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Chairman Fahey questioned the impact if the car wash was not part of the project. Mr. Markham replied
the applicant typically has a car wash facility with his stations and the project would probably not go
without the car wash.
Commissioner Miller asked how much noise will be heard by a neighbor 100 yards from the car wash.
Mr. Markham replied the noise will be below the ambient noise of Margarita Road, and he will accept
a condition the car wash shall not be within 200' of a residential zone.
Commissioner Soltysiak questioned timing of gasoline deliveries. Mr. Markham replied deliveries in a
peak season occur about 23 times a month and typically in the evening, but can be tailored to whatever
is required.
Commissioner Miller asked if a right-out-only turn from the car wash wouldn't make traffic worst because
traffic is then forced to exit on Yukon. Mr. Markham stated he did not see exits from the car wash as
a major concern.
Chairman Fahey called for a recess at 8:18 P.M. The meeting was reconvened at 8:29 P.M.
Commissioner Webster asked why Mr. Michael only received a copy of the general plan. Ms. Ubnoske
stated, staff reviewed traffic and noise impacts and determined the project is consistent with the General
Plan's traffic study, which was done for the entire city. Mr. Hogan stated a negative declaration was
approved by the County when the Center was built; staff reviewed the General Plan EIR which address'
impacts. He also advised that Mr. Michael will be given a copy of the initial study.
Chairman Fahey stated her thoughts are: this use is allowed at this location; the developer has attempted
to mitigate any adverse effects; she and she would support the project with the following additions: no
lights spill past the property lines; tankers to come thin the center at a time having the least traffic impact
(staff to determine); a chambered basin is to be installed; The car wash acoustic impact will not exceed
ambient standards; staff directed to determine if it is possible to lower the canopy height; operating hours
shall be 6AM to midnight; and increase the size of trees on Yukon, with a majority being evergreen.
Commissioner Webster stated a tile roof is inappropriate as the other buildings have metal roofs; and
shrubs should be placed outside the wall.
Commissioner Slaven said her comments are: The design is not in the best interest of the community or
people living in the vicinity; she supports the lighting/noise-impacting-homes arguments; and are not
certain the guarantees are enforceable; The existing landscape was put in to mitigate noise, but according
to residents doesn't; The design does not allow for ease of use; is not pedestrian friendly; does not include
any of the village concept ideas; and should not be a 24-hour operation.
Commissioner Soltysiak stated his thoughts are: the project is consistent with the General Plan; internal
traffic congestion relates to Lucky's, and the Lucky's and Albertson Centers being built to the south
should relieve this area.
Commissioner Miller said a gas station will meet the auto needs, homeowners and he supports the project
as it in compliance with zoning.
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Mr. Markham reiterated the applicant is agreeable to amended conditions except for the hours of
operation as the station works most efficiently on a 24-hour basis, with maintenance, upkeep and cleaning
being performed in the early hours.
Chairman Fahey stated she cannot support a 24-hour operation based on the noise impacts on the
surrounding areas.
It was moved by Commissioner Slaven to deny Planning Application PA96-0345 based on the best interest
of the people in the area due to negative impacts to their health, safety and welfare, and because the
hours of operation exceed midnight. The motion died for lack of a second.
It was moved by Commissioner Miller, and seconded by Commissioner Soltysiak, to approve Planning
Application PA96-0345 as previously conditioned at the March 13, 1997 Planning Director meeting and
as augmented tonight--i.e, no light spills past the property lines; installation of a special catch basin;
acoustic impact not to exceed ambient parameters; canopy height to be as low as possible and still
accommodate vehicles; trees to be 24" box, of an evergreen majority, along the property's perimeter;
shrubs to be located outside the wall; if a left-turn lane from Margarita Road into the Center is
established, the fuel trucks must utilize that entrance; establish hours of fuel delivery to minimize noise
impact; -- and staff direction to return at the April 21, 1997 Planning Commission meeting with a
resolution containing the findings.
The motion failed as follows:
AYES: 2
NOES: 3
ABSTAIN: 0
COMMISSIONERS: Miller, Soltysiak
COMMISSIONERS: Slaven, Webster, Fahey
COMMISSIONERS None
Commissioner Miller, "I move the approval of Planning Application...and as those conditions have been
augmented and amended tonight..."
Chairman Fahey, "... Clarification on the conditions was... tanker coming through the center vs Yukon
with an appropriate time to be determined in the daytime limitation in low traffic times in the center, but
not nighttime."
Assistant City Attorney Weiner, "You may want to discuss actually what the appropriate time at this point
because there may be a disagreement among the people voting on the motion on that."
Commissioner Webster, "Give a time range."
Chairman Fahey, "10 A to 4 P."
Commissioner Miller, "This is petrol deliveries; if I inadvertently made that a part of my motion, I
apologize. I think it is an inherently bad idea to run a gas truck through that parking lot .... "
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Chairman Fahey, "...the two things under discussion are the tankers through the center vs around Yukon
and then the hours as far as delivery of fuel. Does the maker of the motion want to clarify what they
intended for that condition?"
Commissioner Miller, "Until there is a left-turn lane provided..."
Chairman Fahey, "The next question was hours of delivery. I had suggested that staff determine hours
of delivery that would be had the least noise impact to evening and nighttime hours as far as a truck
coming in there. And someone asked that we clarify that for discussion and so I pulled numbers out of
the hat which were 10 A to 4 P. Is it, would you like that not to be in there?"
Commissioner Miller, "I don't know that it if we are talking about wanting to reduce traffic, I would
assume it should be at the later hours."
Commissioner Soltysiak, "I think the concern about the later hours is how much noise it would make."
Commissioner Miller, "Perhaps we should add an additional condition that I don't know that this
happens, but when the trucker is there to drop the fuel...there is no noise involved."
Chairman Fahey, "Probably you need to clarify most...are you making a motion that included limited
hours or does not include limited hours?"
Commissioner Miller, "I am not making that part of my motion."
Chairman Fahey, "So the maker of the motion would not include any limits to the hours. Does the
second concur with that?"
Commissioner Soltysiak, "I don't think I am knowledgeable to make that determination...our intent which
is to minimize the impact."
Chairman Fahey, "Do you have a problem with staff making that."
Commissioner Miller, "Not at all."
Chairman Fahey, "Staff work on minimizing the noise and traffic impact by narrowing down the hours
of fuel delivery..." Do you agree that those are the conditions that you were requesting, second..."
The motion did not pass.
Commissioner Webster, "I'd like to move to make the same motion, but just to change the hours of
operation till 12 o'clock midnight for the gas station."
Chairman Fahey, "So what about the opening time?"
Commissioner Webster, "Opening time I want to clarify this. Any route, any time just that the hours
of operation end at 12 midnight...beginning of 6 AM."
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Chairman Fahey, "We have a motion for of the previous motion and conditions with one additional
condition that the hours of operation are 6 AM to midnight. Is there a second?"
Commissioner Webster, "Actually, let me modify that. Speaking more of a 5 AM to 12 midnight due
to the number of commuters .... "
The motion carried as follows:
AYES: 3
NOES: 2
ABSTAIN: 0
COMMISSIONERS: Miller, Webster, Fahey
COMMISSIONERS: Slaven, Soltysiak
COMMISSIONERS None
Forest City Workshop (Mall Project-Winchester/Ynez/Margarita Roads)
Community Development Director Gary Thomhill presented a summary of the project's background.
Associate Planner Matthew Fagan presented the staff report.
Chairman Fahey questioned the review of the environmental impact report. Mr. Fagan stated the project
appears to be consistent with the parameters of the EIR.
Colm Macken, representing Forest City Development, stated the power center elevations will be ready
by June 2, 1997, and it is hoped elevations of the anchor stores will also be ready at that time.
Jim Heller, KA Architects, Cleveland, stated the anchor department stores will do their own designs as
they will own the buildings, but will work with Forest City to develop an integrated design scheme. Mr.
Heller explained the site plan.
Tom Ginover explained the design study model illustrates patios, landscaping, and activity space (football
field-size) for special community and tenant events. He also displayed the proposed materials and colors;
explained how each major courtyard will have a different theme, and how building fronts/backs will be
designed to resemble a main street, with each tenant having an opportunity to customize their individual
entrance.
Phil Milsap, Mason Design, provided overall landscaping information and stated the landscaping is based
on the approved Specific Plan.
Mr. Macken stated the power center is an integral part and economically makes the development work.
He said it will extend to North General Kearny Road, which is larger than previously shown, and will
have the same architectural features as the front of the mall. Mr. Macken mentioned an approved site
plan should be ready by the June 2, 1997 hearing.
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Commissioner Webster stated he had provided written comments to staff; and would like to see the same
coloring rendition shown tonight for the department stores and back of the cinema. He expressed concern
the activity space may not be large enough, after all the shown amenities are in place; with the grading
at two levels, it appears a lot of asphalt will be visible when driving along Ynez Road; and he requested
a variety of large trees in the parking area. Mr. Heller replied the slopes are mild, but in the hours before
the mall is open, asphalt will be seen, which they will try to mitigate with landscaping.
Mr. Heller stated a detailed urban trail plan will be developed.
Commissioner Soltysiak inquired if there would be any circulation problems with every parking aisle
entering the ring road. Mr. Heller stated Forest City has successfully utilized this design for the last 12
to 15 years and have never experienced any problems with turning, and it is a design mandated by all
three anchors. The ring road is four lanes, two through lanes and two with turning movements, with
speed limits and stops at the major entrances and ring road intersections. Mr. Heller mentioned it is
planned to have final approval of the site plan by the anchors in the next three (3) weeks.
Mr. Macken stated the traffic engineer, Bob Davis, will be at the next meeting to answer all traffic related
questions.
Commissioner Soltysiak asked about the service entries. Mr. Heller replied each department store will
have three (3) or four (4) receiving docks which will have screening walls and landscaping.
Commissioner Slaven questioned the possibility of designing a power center which will meet the
developer's goals and have an alignment other than all in one row. Mr. Macken answered a power center
must have 26-27% coverage to make the center efficient and economical, but the elevations will show a
separately configured center at the June 2, 1997 meeting.
Commissioner Slaven asked how Forest City dealt with corporate colors and signage. Mr. Macken
replied sign criteria is included in the CC&Rs.
Commissioner Miller stated he feels the Winchester/Ynez comer needs a more elaborate treatment and
asked if any thought had been given to having a bridge over Ynez Road or a promenade so people could
walk from one center to another. Mr. Macken responded sidewalks are not developed until the users are
set. Mr. Heller stated there is sidewalk development along each entrance and around the islands to the
interior, but no bridge has been considered.
Commissioner Miller reiterated a broader plant palette is needed and the landscape plan should spell out
on center rather than interconnecting circles. Mr. Heller stated detailed botanical sheets, at 16 scale in
some cases, will specify all plants, numbers, location and centering.
Chairman Fahey stated she was concerned about: the height of the buildings and the decorative features
of the mall because there are homes that will acquire this mall as part of their view; she questioned the
contribution of the tower; said making the anchors more interesting would be appreciated; and circulation
works better with multiple exits.
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Commissioner Miller commented the tower seems like an interesting feature that is probably designed to
be viewed from the freeway. Mr. Macken stated the tower idea is to get visibility to the entertainment
area.
Mr. Fagan asked for any comments regarding the entrances. Commissioner Slaven stated she thought
staff was going in the right direction.
Commissioner Slaven requested the mall be the only matter on the June 2 agenda and copies of the
material be received as soon as possible.
Chairman Fahey suggested staff also provide the Commissioners with the old WaliMart plans because it
was for the same location.
Mr. Fagan summarized the following schedule for the project: April 17 - formal submittal; May 8 -
Development Committee review; May 15 - resubmittal; middle of May - final submittal.
PLANNING MANAGER' S REPORT
Ms. Ubnoske stated she will confirm the April 29, 1997 joint City Council/Planning Commission meeting date.
PLANNING COMMISSION DISCUSSION
Commissioner Miller asked about the status of getting the Unocal station into compliance.
It was moved by Commissioner Slaven, and seconded by Commissioner Webster, to adjourn the meeting at 10:25
PM. The motion was unanimously carried.
The next meeting will be held April 21, 1997, at 6:00 P.M. at the Temecula City Hall Council Chambers, 43200
Business Park Drive, Temecula, California.
Debbie Ubnoske, Secretary
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