HomeMy WebLinkAbout071894 PC MinutesMINUTES OF A REGULAR MEETING
OF THE CITY OF TEMECULA
PLANNING COMMISSION
JULY 18, 1994
A regular meeting of the City of Temecula Planning Commission was called to order
on Monday, July 18, 1994, 6:05 P.M., at Rancho California Water District, Board
Room, 42135 Winchester Road, Temecula, California.
PRESENT: 5
ABSENT: 0
COMMISSIONERS: Blair, Fahey, Hoagland, Salyer, Ford
COMMISSIONERS: NONE
Also present were Planning Director Gary Thornhill, Public Works Director Tim Serlet,
Assistant City Attorney Greg Diaz and the Recording Secretary.
PUBLIC COMMENT
None
COMMISSION BUSINESS
1. Approval of Agenda
It was moved by Commissioner Fahey, seconded by Commissioner Hoagland
to approve the agenda as...
The motion carried as follows:
AYES: 5
NOES: 0
ABSENT: 0
Minutes
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
Blair, Fahey, Hoagland, Salyer, Ford
None
None
2.1 Minutes of May 23, 1994
It was moved by Commissioner Fahey, seconded by Commissioner Blair to
approve the minutes of April 25, 1994.
Changes: Page 2, Item 2.2 needs to show the vote
Page 7, Paragraph 3, should read Regional/Village Center
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The motion carried as follows:
AYES: 5 COMMISSIONERS:
NOES: 0 COMMISSIONERS:
ABSENT: 0 COMMISSIONERS:
2.2 Minutes of June 6, 1994
Blair, Fahey, Hoagland, Salyer, Ford
None
None
It was moved by Commissioner Blair, seconded by Commissioner Hoagland to
approve the minutes of June 6, 1994.
Changes: Page 4, Item 2.2 The motion carried as follows should read The
motion failed to carry as follows:
The motion carried as follows:
AYES: 5 COMMISSIONERS: Blair, Fahey, Hoagland, Salyer, Ford
NOES: 0 COMMISSIONERS: None
ABSENT: 0 COMMISSIONERS: None
Director's Hearing Update
Planning Director Thornhill presented the report which was received and filed
with no vote.
Approval of an Approximately Twenty Eight (28) Foot High Freestanding
Freeway Oriented Sign for Wendy's
Assistant Planner Matthew Fagan presented the staff report. Planner Fagan
stated that the Wendy's project was approved by the Planning Director on July
16, 1994. The project was for a 28 foot 4 inch Wendy's sign.
There was no Commission discussion of the item.
It was moved by Commissioner Blair, seconded by Chairman Ford to direct staff
to approve Planning Application No. 94-0060 for a 28'4" high freestanding
freeway oriented sign for Wendy's.
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The motion carried as follows:
AYES: 5
NOES: 0
ABSENT: 0
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
Blair, Fahey, Hoagland, Salyer, Ford
None
None
Adopt a Resolution Determining that Rancho California Water District'S 94-95
Capital Construction Projects are Consistent with the Adopted City General Plan
Associate Planner David Hogan presented the staff report.
It was moved by Commissioner Hoagland, seconded by Commissioner Fahey
to adopt Resolution No. 94- ...
The motion carried as follows:
AYES: 5
NOES: 0
ABSENT: 0
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
Blair, Fahey, Hoagland, Salyer, Ford
None
None
PUBLIC HEARING ITEMS
6. Change of Zone No. 5691
Change of zone request of five (5) parcels from R-A-21~ (Residential Agricultural
2~ acre minimum lot size) to C-O (Commercial Office). Located on the north
side of Highway 79 South, approximately 660 feet west of the intersection of
Highway 79 South and Margarita Road.
Assistant Planner Matthew Fagan presented the staff report.
Chairman Ford opened the public hearing at 6:15 P.M.
Larry Markham, as a representative for Los Ranchito Estates, expressed support
for the project and came before the Commission to answer any questions which
they might have.
Commissioner Fahey inquired as to whether the consistency changes matched
the General Plan.
Planning Director Gary Thornhill addressed Commissioner Fahey's concern and
stated that the changes were consistent with the General Plan.
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It was moved by Commissioner Fahey, seconded by Commissioner Hoagland
to close the public hearing at 6:20 P.M. and Adopt the Negative Declaration for
Change of Zone No. 5691 and Adopt Resolution No. 94- recommending
approval of Change of Zone No. 5691, based on staff's recommendations.
The motion was carried as follows:
AY ES:
COMMISSIONERS: Blair, Fahey, Salyer, Ford
NOES: I COMMISSIONERS: Hoagland
ABSENT: 0 COMMISSIONERS: None
Vesting Tentative Tract Map No. 25063/Change of Zone No. 5598
Proposal to subdivide a 20 acre parcel into 68 residential units and change the
zone classification from R-R2~ (Rural Residential 2~ acre minimum lot size) to
R-1 (One Family Dwelling). Located on the south side of Nicholas Road,
approximately 2000 feet east of Calle Medusa.
Assistant Planner Craig Ruiz presented the staff report which was continued
from the June 6, 1994 meeting. Planner Ruiz recommended this item be
continued to the September 19, 1994 meeting to allow staff to properly notice
the project.
Larry Markham, 41750 Winchester Road, Suite N, Temecula, expressed his
support of the project.
Commissioner Hoagland reiterated that the meeting would be held on
September 19, 1994 and not be continued to a later meeting date.
NO VOTE WAS TAKEN.
Planning Application No. 94-0043, Minor Conditional Use Permit
Proposal to locate a billiard parlor and video arcade in an existing building in a
commercial shopping center. Located at 41915 Motor Car Parkway.
Assistant Planner Craig Ruiz presented the staff report. Planner Ruiz, noting
that the project is consistent with the City's General Plan, requested that the
Commission approve the project subject to Ordinance No. 94-25.
Chairman Ford suggested that the Police Department requirements, which were
identical to their requirements for other projects in the area, as well as the Fire
Departments requirements need, to be more definitive.
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Commissioner Hoagland stated that he would be reluctant to apply different
Police and Fire Department conditions to this project.
Chairman Ford opened the public hearing at 6:32 P.M.
Ken Wade, representative, 29605 Solana Way, No. 6, stated that he agrees
with all the conditions presented in the staff report, but opposed Item 18 of
Page 11 relative to Public Facilities Impact Fees.
Dirk Wegner, 31126 Del Rey Road, expressed opposition to the project and
stated that the proposed location of the business was in a family oriented area
and too close to the proposed Chaparral High School. He also stated that the
business would be a breeding ground for gangs and violence. Mr. Wegner
compared the proposed project to the Yellow Brick Road arcade located in the
Target Center. He asked the Commission to postpone voting on the project for
two weeks so that a petition could be started. Mr. Wegner also proposed that
if alcohol was going to be sold on the premises, the business should not go in
at that location.
Ken Wade presented the Commission with a letter in support of the Pool Hall.
Mr. Wade also stated that the existing High Society Billiards is located closer
to the high school than the proposed billiard hall. Mr. Wade also stated that
Klassic Shotz Billiard could not be compared to the Yellow Brick Road and
requested that the Commission not grant a two week extension based on Mr.
Wegner's request.
Mr. Ford closed the public hearing at 6:48 P.M.
Commissioner Salyer questioned how staff determined the project does not
pose a threat to the health, safety, and general welfare of the public.
Planner Ruiz said the proposed project is located in an existing commercial
center and contains similar commercial uses and there have been no complaints
from the surrounding businesses. The Police Department has no concerns other
than those stated in the Conditions of Approval. Mr. Ruiz stated that the
Conditional Use Permit was revokable if the Conditions of Approval were not
met.
Chairpersons Fahey, Salyer, and Blair questioned the noticing process and
whether Planning Department staff complied with the intent of the noticing
requirements.
Director Thornhill stated the Planning Department has gone beyond the noticing
requirements.
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Planner Ruiz stated that the noticing procedure met the legal requirements and
that the noticing was for 21 days rather than the required 10 days and that all
surrounding business owners were also noticed.
Commissioners Blair and Fahey recommended more noticing be sent to
surrounding residents.
It was moved by Commissioner Hoagland to approve staff's recommendation,
but after further discussion Commissioner Hoagland withdrew his motion, but
urged Commission to view like facilities before voting.
Chairman Ford stated he had visited similar establishments and suggested the
Commission do the same before voting on the proposed project.
Commissioner Salyer expressed concern about surrounding commercial
businesses not knowing the nature of the proposed project. He stated that he
was not against billiard halls, but was concerned about the noticing.
Chairman Ford stated that the notices should be delivered to the nearby
apartment manager and the owner of the nearby apartment complex.
Commissioner Fahey moved to close the Public Hearing at 7:15 P.M. and
continue the proposed project to the August 1, 1994 Planning Commission
meeting to allow staff to notice the apartment residents, seconded by
Commissioner Blair.
The motion carried as follows:
AYES:
5 COMMISSIONERS: Blair, Fahey, Hoagland, Salyer, Ford
NOES: 0 COMMISSIONERS: None
ABSENT: 0 COMMISSIONERS: None
Chairman Ford declared a recess at 7'.17 P.M. The meeting was reconvened at 7:29
P.M.
9. Specific Plan No. 263 and Change of Zone No. 5589
Specific Plan proposing a 1,375,000 square foot Commercial Core, 810,000
square feet of Office/Institutional and Mixed Use Residential with 298,000
square feet of retail with an accompanying Change of Zone request changing
the zone from R-R (Rural Residential) and A-2-20 (Heavy Agricultural 20 acre
minimum lot size) to SP (Specific Plan). Located south of Winchester Road
between Ynez and Margarita Roads.
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Senior Planner Debbie Ubnoske presented the staff report stating the proposed
project had been continued from the June 6, 1994 Planning Commission
meeting.
Commissioner Fahey stated that Condition No. 58 of the Conditions of Approval
should more clearly state that it applied specifically to residential development
in the Specific Plan.
Planner Ubnoske stated the primary issue for the Regional Center is the Village
Center Concept which was carried over from the May 23, 1994 meeting.
Chairman Ford opened the public hearing at 7:30 P.M.
Dennis Chiniaeff, representative for Kemper Community Development Company,
27555 Ynez Road, inquired as to the conditions which allow some community
development to occur which interest both the City and Kemper. Mr. Chiniaeff
also said the conditions should be balanced in terms of property improvements
and area improvements. He also questioned whether Condition No. 12 of the
Conditions of Approval applied to the residential portions of the proposed
project. Mr. Chiniaeff asked about Condition No. 18 and the Developer Fee for
commercial, office and residential; his understanding is that these were
Facilities fees.
Director Thornhill stated that Condition No. 12 relating to School District fees
does apply to the residential portion of the project.
Assistant City Attorney, Greg Diaz added legal comments relating to the School
Mitigation issue and the impact fee both of which have not been resolved by
the City Council and is under State Law.
Dennis Chiniaeff asked about the payment of $10,000.00 for Community
Facility Fees and whether the fee could be prepaid.
Assistant City Attorney Diaz stated that the $10,000.00 fee could not be
prepaid.
Condition No. 20 to be changed from "of any subsequent development
application" to "for each subsequent development application."
Mr. Chiniaeff, the applicant, inquired about Condition No. 28, Bullet No. 3
regarding the infrastructure being in place prior to issuance of occupancy
permits and the dedication of the right-of-way for the construction of
Winchester Road. Mr. Chiniaeff stated that the Right-of-Way was intended to
be purchased under CFD 88-12. He requested that a provision be made stating
that the acquisition cost be reimbursed for the required right-of-way.
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Condition No. 30 states "the developer is responsible to bond and construct
traffic signals..." The word prior should be struck from the condition.
Condition No. 43 should include "unless approved by the Director of Public
Works for street purposes."
Commissioner Hoagland asked about Condition No. 30 and the method of
reimbursement when improving property other than own and that the
improvements are also part of Campos Verdes.
Tim Serlet, Director of Public Works stated that the Right-of-Way
reimbursement money went to the City for expended funds.
Planning Director Thornhill stated that Condition No. 60 should read "...open
space in residential areas shall be maintained..."
It was moved by Commissioner Hoagland, seconded by Commissioner Fahey
to close the Public Hearing at 7:45 P.M. and Adopt Resolution No. 94-
recommending approval of Specific Plan No. 263 and Change of Zone No. 5589
based on Staff's recommendations subject to the Conditions of Approval
including modifications to Condition No(s) 12, 20, 28, 30, 43, 58, and 60 as
discussed, seconded by Commissioner Fahey.
The motion carried as follows:
AYES:
5 COMMISSIONERS: Blair, Fahey, Hoagland, Salyer, Ford
NOES: 0 COMMISSIONERS: None
ABSENT: 0 COMMISSIONERS: None
Commissioner Hoagland moved to re-order the remaining Agenda items so that Item
10 follow the Planning Director's Report and other Commission business.
PLANNING DIRECTOR'S REPORT
Director Thornhill stated that the Johnson Ranch Workshop needed to be rescheduled
because of noticing requirements.
PLANNING COMMISSION DISCUSSION
None
OTHER BUSINESS
None
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10.
Specific Plan No. 1, Change of Zone No. 5617 and Environmental Impact
Report No. 348
Specific Plan proposing 308 single-family residential units, 12 acres of
Commercial, approximately 13.7 acres of Office/Commercial/Church/Detention,
10.8 acres of Park and 10.7 acre Elementary School Site with an accompanying
Change of Zone request changing the zoning from R-R (Rural Residential) and
A-2-20 (Heavy Agricultural, 20 acre minimum lot size) to SP (Specific Plan).
Commissioners Hoagland and Fahey excused themselves from the meeting at
7:55 P.M. due to a conflict of interest.
Senior Planner Debbie Ubnoske presented the staff report and stated that the
project was originally heard at the June 6, 1994 Planning Commission meeting.
Planner Ubnoske stated that the opening of Sanderling Way and/or Starling
Street needed to be discussed by the Commission.
Assistant City Attorney Diaz stated that due to only three (3) Commissioners
voting on the proposed project, the vote must be unanimously approved in
order for the motion to carry.
Chairman Ford opened the public hearing at 7:58 P.M.
Dennis Chiniaeff, the applicant, stated that Condition No. 13 should not be
included in the Conditions of Approval due to direct access into the single
family detached residential located in Planning Area No. 5 which was originally
designated as multi-family housing. Mr. Chiniaeff also stated that Condition No.
16 for School District fees should not be included in the Conditions of Approval
because a school site is being donated by the developer of the project.
Attorney Diaz recommended that Condition No. 16 relative to school mitigation
needs to be resolved prior to the proposed project being brought before City
Council.
Mr. Chiniaeff stated that he does not agree with Condition No. 16 and does not
want to approve the condition, but would leave as stated until further
discussion.
The verbiage in Condition No. 22 should be consistent with previous Condition
No. 9 and should read "Prior to the issuance of building permits for the various
phases of development, the developer shall..."
Mr. Chiniaeff requested that Condition No. 24 should read "...prior to approval
ef-ae~ for each subsequent development application."
Mr. Chiniaeff requested that Condition No. 33 should read the 235th EDU
rather than the 200th EDU.
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Mr. Chiniaeff requested that the last sentence in Condition No. 34 be concluded
with "or as required by the Director of Public Works".
Chairman Ford and Commissioners Blair and Salyer favored the recommended
access from Starling Street as a safer route than Winchester Road.
Commissioner Blair moved to close the Public Hearing at 8:10 P.M. and Adopt
Staff's recommendations with the changes to the Conditions of Approval, to
delete Condition No. 13, change Condition No. 22 to be consistent with the
former Condition No. 9, to modify Conditions 24, 33, and 34, seconded by
Commissioner Salyer.
The motion carried as follows:
AYES:
3 COMMISSIONERS: Blair, Salyer, Ford
NOES: 0 COMMISSIONERS: None
ABSENT: 2 COMMISSIONERS: Fahey, Hoagland
ADJOURNMENT
Chairman Ford declared the meeting adjourned at 8:30 P.M.
The next regular meeting of the City of Temecula Planning Commission will be held
on August 1, 1994 at 6:00 P.M. at the Rancho California Water District Board Room,
42135 Winchester Road, Temecula, California.
.,. v, Chairman Steve Ford
Secretary
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