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HomeMy WebLinkAbout081899 PC Minutes MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION AUGUST 18, 1999 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:03 P.M., on Wednesday August 18, 1999, in the City Council Chambers of Temecula City Halt, 43200 Business Park Drive, Temecula, California. ALLEGIANCE The audience was led in the Flag salute by Commissioner Mathewson. ROLL CALL Present: Commissioners *Fahey, Mathewson, Naggar, Webster, and Chairman Guerriero. Absent: None. Also Present: Planning Manager Ubnoske, Deputy Director of Public Works Parks, Attomey Curley, Senior Planner Fagan, Senior Planner Hogan, Associate Planner Donahoe, Assistant Planner Anders, Project Planner Thornsley, and Minute Clerk Hansen. *(Commissioner Fahey arrived at 6:07 P.M. PUBLIC COMMENTS No comments. COMMISSION BUSINESS 1. A~)oroval of A(~enda It was noted that Commissioner Fahey ardved at 6:07 P.M. MOTION: Commissioner Mathewson moved to approve the agenda. The motion was seconded by Commissioner Webster and voice vote reflected unanimous approval. PlanC omm/minutesJ081899 2. Approval of Minutes-July 21~ 1999 it was noted that on page 6, with respect to the motion to reopen Agenda Item No. 6, that after the underlined text with the exception of, the minutes should reflect Commissioners Fahey and Webster, in lieu of solely Commissioner Fahey. It was noted that on page 12, Item B, the word corresponded should be replaced with the phrase met in person, and with respect to Item D, the word Winchester should be replaced with the word Ynez. MOTION: Commissioner Naggar moved to approve the minutes, as amended. The motion was seconded by Commissioner Webster and voice vote reflected unanimous approval. 3. Director's Hearin.q Update Planning Manager Ubnoske was available for questions and comments. 4. Findin,q of Public Convenience or Necessity for Hi.qh Society Billiard and Dart Club Commissioner Naggar advised that he would be abstaining with regard to this Agenda Item, and therefore left the dais. Via overheads, Associate Planner Donahoe provided a brief overview of the staff report (of record), noting the expressed community concern regarding the use's sale of a]cohol at this particular proposed location; referencing page 3 of the agenda material, with respect to sensitive uses in close proximity, listed the following: 1) Calvary Chapel Christian Academy, 2) the Royale College of Beauty, 3) the Temecula Valley Stars Cheerieading School, and 4) the Brentwood Montessori School; and for Commissioner Mathewson, specified the location of the aforementioned uses. Mr. Michael Mcrvliilen, the applicant, noted the glass frontage of the building in order for Law Enforcement to have visual access into the establishment; relayed that there is no smoking permitted at the use; noted the desire to maintain a family-centered business; for Commissioner Webster, provided additional information regarding the existing license, and the new application for license to sell alcohol; specified the location of the existing facility; and for Commissioner Fahey, relayed that 25-30% of the gross sales of the business were generated from the sale of beer. Ms. Jan McMillen, representing the applicant, reiterated the goal to maintain a family- oriented business, noting the type of clientele the use currently attracts. The following individuals spoke in opposition to the project: ~ Mr. Keith Maxcy 27462 Enterprise Circle West ~ Mr. Richard Mossa 27462 Enterprise Circle West c~ Mr. Rhon Walker 25752 Nightview Circle ~ Mr. Jeff Stepheson 40117 San lngasio ~ Mr. Nicholas Labdno 27462 Enterprise Circle West ~ Ms. Cathy Baysinger 27462 Enterprise Circle West PlanComn~minut es~081899 c~ Mr. Don Coop 41755 RiderWay o Ms. Barbara Kruis 27485 Commerce Center Drive o Mr. Paul Oglesby 30206 Via Corsica The above-mentioned individuals relayed the following concerns: The proposes location of the use, noting that the existing location of the use was not in close proximity to schools · ~ Safety of children and women attending church activities · ~ Close proximity to church Fear of drunk drivers, and the behavior of patrons under the influence of alcohol ~ Potential for drugs in the parking lot · ~ Reduced feeling of safety ,~ Neon signs promoting the sale of beer · ~ Conflict between church evening programs and the hours of operation of the proposed use · ~ Cars parked on the streets while pedestrians are utilizing the streets ,~ Fear for minor-aged students attending the proximate schools ,,' The fact that 25-30% of the business is based on the sale of beer · ~ Incompatibility with the adjacent uses In response to Chairman Guerriero's querying, Mr. Maxcy relayed that although the Police Department provided a favorable report with respect to the use at the existing location, it was his opinion that this particular proposed location would not be compatible with the adjacent uses. For Chairman Guerriero, Mr. Mossa relayed the various times of the church evening activities, involving women and children. Ms. Kruis clarified, for Chairman Guerriero, the hours of minor's attendance to the adjacent Royale College of Beauty Cosmetology School. At this time, Chairman Guerriero closed the public comments. Initially, Planning Manager Ubnoske recommended continuing the matter off-calendar in order for staff to address the additional issues raised during the meeting; and for Commissioner Fahey, provided additional information with respect to the recommendation to continue the matter. 3 PlanCol~m/minut es/081895 Chairman Guerfiero, echoed by Commissioner Fahey, relayed that he was willing to render a decision at this point in time due to the substantial evidence that had been presented. Initially, Commissioners Mathewson and Webster relayed their opinion that it would be beneficial to continue the matter. Attorney Curley relayed that due to the spacial issues with respect to the proximity of the schools and the church, there would be prudence in continuing the matter in order to gain accurate advisement, which would require additional research. Chairman Guerfiero relayed that he could not support this particular project at this location. Commissioner Fahey expressed that although she was of the opinion that this was a fine establishment, due to the proposed location and the proximity to the sensitive uses, she could not support this particular project at this particular site. In concurrence with Commissioner Fahey, Commissioner Mathewson relayed concern with respect to the proximity of the sensitive uses. MOTION: Commissioner Mathewson moved to deny the proposed project due to the incompatibility with the proximate sensitive uses. Commissioner Fahey seconded the motion. Commissioner Webster relayed that since a continuance would provide additional information with respect to factors regarding the proposal, it was his opinion that the matter should be continued. At this time voice vote was taken reflecting approval of the motion to deny with the exception of Commissioner Naggar who abstained, and Commissioner Webster who voted n._~o. At 7:05 P.M. a short recess was taken, and the meeting reconvened at 7:15 P.M. PUBLIC HEARINGS 5. Plannin,q Application No. PA99-0301 {Revisions to previously approved PA98-386 Development Plan) Request to design, construct and operate a 50,100 square foot speculative office building with associated parking and landscaping located on a parcel containing 4.01 gross acres. RECOMMENDATION It is recommended by the Planning Department that the Planning Commission approve the request. By way of color renderings, Project Planner Anders provided a brief overview of the project, specifying the significant revisions to the proposed project. 4 PlanComm/minutes~08 t 899 For Commissioner Naggar, Project Planner Anders, echoed by Attomey Cudey, clarified that the City has no jurisdiction with respect to enforcement of CC&R's. For the record, Chairman Guerriero relayed the Commission's receipt of a letter from Ms. Mordson written on behalf of the Crystal Ridge Business Park Association's Board. At this time, Chairman Guerdero closed the public headng. Commissioner Fahey, echoed by Commissioners Guerdem and Mathewson, relayed her support of the project, noting the additional improvements (i.e., landscaping, parking, architecture.) Referencing his previous advisement, Commissioner Webster commended the applicant with respect to the modified proposed paint application; and relayed his support of this particular project. MOTION: Commissioner Naggar moved to approve the revisions with respect to this particular project. The motion was seconded by Commissioner Webster and voice vote reflected unanimous approval. 6. Planning Application No. PA98-0516 {Tentative Parcel Map No. 29t32} Request to subdivide 6.68 acres of land into five (5) lots zoned Office Professional. RECOMMENDATION It is recommended by the Planning Department that the Planning Commission approve the request. By way of overheads, Assistant Planner Anders presented the staff report (of record); indicated that staffs research (inclusive of review of the applicant's submittal of two assessment letters from the Army Corps of Engineers, and Biologist Tom Dodson) revealed that the southern portion of the property had been incorrectly designated on the Zoning Map as Open Space (OS), while the General Plan Land Use Map correctly designated the site as Professional Office (PO); noted that staff would process the zoning change, in order to correct the zoning map error; relayed that due to the zoning change staff would recommend the addition of a Condition of Approval (COA) worded, as follows: The applicant shall not File and the City shall not accept for action a final subdivision map for City Council approval unless and until the subject real property is zoned with the zoning dist#ct designated as Office Professional; relayed that due to the General Circulation Element Map's designation of Via Rio Temecula as a through street which would be traversing through an open-space conservation easement, the applicant has been required to reserve a 75-foot wide future easement for the purpose of maintaining consistency with the General Circulation Element; relayed that the project has been brought before the Planning Commission due to the expressed community concern associated with this particular project; for Commissioner Naggar, clarified that due to the referenced research, the southern portion of the property would not remain zoned Open Space (OS); and for Commissioner Mathewson, provided additional clarification regarding the Corps' determination (via agenda material.) PlanCorpm/mi~qut es J081899 Mr. Raymond Schogley, representing the applicant, relayed concurrence with the findings of staff presented by Project Planner Anders. Mr. Larry Markham, representing the applicant, reviewed the history of the property and the zoning designation; and for Commissioner Webster, provided additional information regarding the west 25-foot easement. The following individuals spoke in opposition to the project: c~ Mr. Ed Moore 44684 Corte Veranos ~ Mr. Bill Epp 44616 Via Lucido o Ms. Lisa Booze 44624 Corte Veranos The above-mentioned individuals relayed the following concerns: ~' Safety with respect to the dirt-fill of the canyon ~' Queried the future use of the development · ~ Reduction in property values · ~ Additional traffic ~' Location of the driveways ~' Quality of life negatively affected ~' Safety of children within the proximity of the designated bus stop For the record, relayed provision of a petition, encompassing 50 signatures denoting the individuals' opposition to the project For Commissioner Mathewson, Mr. Moore confirmed that it was his opinion that the zoning change would be detrimental to his quality of life. In response to Commissioner Mathewson's querying, Assistant Planner Anders relayed the results of the biological assessment with respect to the endangered species. In response to the community comments, Mr. Markham clarified the historical zoning of the area, the designated channel, and the environmental evaluation; for Chairman Guerriero, relayed that when the General Circulation Element is reviewed it is the applicant's desire (concurrent with community comments) that Via Rio Temecula does not become a through street, noting the following: 1) the traversing through the open space conservation area, and 2) the traffic analysis which revealed a Iow generation of traffic in the area which would not warrant the need for a through street; recommended that the additional COA, regarding the reservation of the 75-foot easement be terminated, or become effective after the Circulation Plan is updated; with respect to the bus stops, relayed that the potential uses' hours of operation would most likely not be evasive to the timing of school pick-up and drop-off times; relayed that the future PlanC omm/minutes/081899 development of these parcels would be brought back before the Planning Commission when the development site plans are submitted for approval, noting that the public could provide additional specific input at that time; relayed that the buildings would most likely not utilize the maximum height allowed for this particular zoning; for Commissioner Fahey, provided additional information regarding the area that would be filled for this particular project; recommended deleting Condition No. 36, regarding flood mitigation charges (denoted on page 36 of the agenda material) since it was not applicable; with respect to the additional COA read into the record by Assistant Planner Anders, relayed that the applicant would be agreeable; and reiterated that the COA requiring the reservation of the easement should take place or expire upon the approval of the Circulation Element Update. Commissioner Fahey relayed concern with respect to the subdivision of the parcels, and the precedent set for approval for the remainder of the property in the area. In response to Commissioner Fahey, Planning Manager Ubnoske relayed that staff support was generated from the fact that the map is consistent with the zoning of the General Plan; noted that staff would make an effort to address the Commission's concern by recommending a comprehensive plan or larger parcels to applicants for future projects in the area, if that was the desire of the Commission. For Commissioner Mathewson, Attorney Cudey relayed that this particular issue could be viewed as a consistency action, in order to create the accuracy that should have existed previously. For informational purposes, Commissioner Mathewson reiterated that as each project is developed, there would be noticed public hearings at which time the community could address their concerns with respect to the size and scale of the uses. Deputy Director of Public Works Parks relayed that the traffic studies support removal of Via Rio Temecula as a through street, noting that the final Circulation Update would soon be completed; and relayed the potential for a crossing at Temecula Creek. Commissioner Naggar recommended that when the area is developed, that the applicant take into consideration contacting the School District to query the possibility of relocating the bus stop. MOTION: Commissioner Mathewson moved to approve staff recommendation. (This motion was withdrawn.) In response to Commissioner Mathewson, Deputy Director of Public Works Parks relayed no objection to adding specific language stating if applicable to Condition No. 36. MOTION: Commissioner Mathewson moved to approve staff recommendation to adopt the Negative Declaration for Planning Application No. PA98-0171; adopt the Mitigation Monitoring Program for Planning Application No. PA98-0171; and adopt Resolution No. 99-028 approving Planning Application No. PA98-0516 based upon the Analysis and Findings contained in the Staff Report, and subject to the attached Conditions of Approval. 7 PlanComm/minutes/081899 RESOLUTION NO. PC 99-031 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA98-0516 (TENTATIVE PARCEL MAP NO. 29132), LOCATED ON THE SOUTHWEST CORNER OF STATE HIGHWAY 79 AND AVENDIDA DE MISSIONS, AND KNOWN AS ASSESSOR'S PARCEL NO. 950-120-04 Modify- The language of Condition No. 36 to include the wording if applicable. Add- The additional Condition of Approval recommended by staff, and read into the record by Assistant Planner Anders. (See the italicized wording on page 5 of the minutes.) Commissioner Webster seconded the motion and voice vote reflected unanimous approval. 7. Amendments to the Development Code (Plannin.q Application No. PA97- 0197) Request to amend the Development Code to do the following: 1. Establish standards for Large Family Day care Home Facilities; 2. Establish permitting requirements for the approval of Large Family Day Care Home Facilities; 3. Re-categorizing temporary uses; 4. Amend accessory structure setback requirements; 5. Modify the senior housing, congregate care, and affordable housing provisions; 6. Clarify parts of the floor area ratio incentive bonus; and, 7. Make numerous other minor changes to the Development Code. RECOMMENDATION It is recommended by the Planning Department that the Planning Commission approve a resolution recommending adoption of an ordinance. Reviewing the proposed amendments in detail, Senior Planner Hogan presented the staff report (via agenda material); for Commissioner Fahey, provided additional clarification with respect to page 6, Section 2.b. regarding congregate care projects; for Commissioner Webster, provided additional information regarding the criteria for increases in Floor Area Ratio (FAR), specifically with respect to page 8, Section 3; for Commissioner Mathewson, relayed clarification regarding the language denoted on page PlanConm~minutes~081899 7, Section b; and for Commissioners Mathewson and Naggar, relayed that the Updated Housing Element would address Low Income Housing parameters which would be brought before the Commission potentially at the end of September. During the ensuing Commission discussion, the following revisions were presented: Chairman Guerriero relayed that Item Nos. 1 and 2 of the proposals for amendment would be pulled, and therefore would not be considered with respect to this Agenda Item. Regarding the unintentional omission on page 6, Section l.a., after the phrase The maximum density, Senior Planner Hogan indicated that the text should reflect the same density incentives as denoted under senior housing. Commissioner Fahey recommended that the language on page 6, Section 2.b. be modified, deleting the phrase distributed equally throughout the project in order to solely reflect The handicapped units shall comply with the standards set forth in Title 24 of the California Code of Regulation. Deputy Director of Public Works Parks advised that staff concurred with Commissioner Webster's recommendation (regarding the example denoted on page 8, Section 3) to delete the phrase off-site signalization due to the lack of need for provision of such specificity. Commissioner Mathewson indicated that on page 6, Section 3.a.ii. the numbers eighteen (20) should be corrected to reflect consistency. Mr. Larry Markham, 41750 W~nchester Road, recommended modifying page 8, Table 17.06.040 with respect to Sections HR, VL, and L-1 regarding the standard designation to reflect minimum gross lot area in lieu of minimum net lot area. Deputy Director of Public Works Parks advised that staff concurred with the modification, and would additionally, include L-2. With respect to Commissioner Mathewson's comments, and the Commission's concurrence, Senior Planner Hogan relayed that on page 6, Section 3.1.iii. L-1 and L-2 would be deleted, and the number of units per acre would reflect eight (8) in lieu of the indicated twelve (12.) For Commissioner Naggar, Attorney Curiey provided the definition of Affordable Housing, which referenced the Health and Safety Code, and relayed that due to the Commission's request he would provide additional specifications at a future point in time. Deputy Director of Public Works Parks relayed that the Department of Redevelopment may be able to provide the Iow-income housing parameters to the Commission. For Commissioner Fahey, Planning Manager Ubnoske recommended that the Commission move forward with Section Nos. 3-7 with respect to the proposals to amend the Development Code, and then have staff bdng back at a future point in time with the proposed amendments to Section Nos. 1 and 2. P[anC omm/minutes/081899 In response to Commissioner Mathewson's querying with respect to the Jack of specified limits regarding Temporary Use Permits, Planning Manager Ubnoske provided additional clarification as to the process that staff utilizes when issuing Temporary Use Permits. For Mr. Anthony Maielta, 29747 Calle Palmas, Planning Manager Ubnoske provided clarification with respect to the variance between Medium and Low Medium Densities. Chairman Guerriero closed the public hearing. MOTION: Commissioner Mathewson moved to approve the proposed amendments to the Development Code with respect to Section Nos. 3-7, as modified in the previous discussions (* all moved modifications are referenced in the minutes in detail, and denoted as bulleted items on page 9.) RESOLUTION NO. 99-032 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING THE SEVERAL CHAPTERS OF TITLE 17 TO ESTABLISH DETAILED STANDARDS FOR LARGE FAMILY DAY CARE HOME FACILITIES, RE-CATEGORIZE TEMPORARY USES, AMEND YARD AND SETBACK REQUIREMENTS FOR ACCESSORY STRUCTURES tN RESIDENTIAL ZONES, CLARIFY FLOOR AREA RATIO BONUS PROVISIONS, AND MAKE NUMEROUS MINOR MODIFICATIONS TO TITLE 17 OF THE TEMECULA MUNICIPAL CODE (PLANNING APPLICATION PA99-0197)" The motion was seconded by Commissioner Fahey and voice vote reflected unanimous approval. 10 PlanComm/minut es/081899 8. City-initiated General Plan Amendments and Zone Chan!:les (Planning Application No. PA97-0291} Requests regarding Sites 1-3: Site 1 - Amend the General Plan Land Use and the Zoning Maps for the City of Temecula for a site identified as Assessor's Parcel Nos. 921-660-026, - 027, -041, and -042 located South of Via La Vida between Calle Palmas and Via Sevilla from Medium Density Residential to Low Medium Density Residential. Site 2 - Amend the General Plan Land Use Map for the City of Temecula for a site identified as Assessor's Parcel No. 944-330-019 and located between Rancho Highlands Drive and Interstate 15 from Open Space to Highway Tourist Commercial. Site 3 - Amend the General Plan Land Use and the Zoning Maps for the City of Temecula for the southerly portion of a site identified as Assessor's Parcel No. 950-120-004 and located west of Avenida de Missiones from Open Space-Conservation to Professional Office. RECOMMENDATION It is recommended by the Planning Department that the Planning Commission approve a resolution recommending adoption of an ordinance. Senior Planner Hogan presented the staff report (of record), highlighting the proposed amendments; for Commissioner Webster, provided additional information regarding Site 2, and the rationale for inclusion in the General Plan, as amended. Mr. Anthony Maielta, 29747 Calle Palmas, relayed concern with respect to the amount of apartments in the Margarita area and the associated blighting. For Mr. Maielta, Senior Planner Hogan reiterated the results of modifying density form Medium to Low Medium. With regard to Commissioner Webster's concern regarding the Site No. 2 amendments and the lack of consistency with the Specific Plan with respect to the Land Use Map, specifically, the Open Space designated areas, Planning Manager Ubnoske recommended that this portion of the amendment be brought back to the Commission at a future point in time in order for staff due develop clarification. In response to the recommendation to continue the proposed amendments with respect to Site No. 2, Commissioner Webster recommended that staff further investigate the Prior to Approval Requirements with respect to Alternate Transportation Plans, denoted on page 43 of the Specific Plan. MOTION: Commissioner Fahey moved to close the public hearing; and to approve the amendments proposed on Site Nos. I and 3; and to have staff bdng back to the Commission proposed amendments for Site No. 2 at a future point in time. 11 PlanComm/min utes/081899 PC RESOLUTION NO. 99-033 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE GENERAL PLAN LAND USE MAP FOR VARIOUS AREAS THROUGHOUT THE CITY KNOWN AS ASSESSOR'S PARCEL NOS. 921-660-026, 921-660-027, 921-660-041, AND 92t-660- 042 (PLANNING APPLICATION NO. PA99-0291)" AND ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP OF THE CITY OF TEMECULA FOR THE AREAS KNOWN AS ASSESSOR'S PARCEL NOS. 92t-660-026, 92t-660-027, 921-660-041, 921-660-042, AND 950-120-004 (PLANNING APPLICATION NO. PA99-0291)" The motion was seconded by Commissioner Webster and voice vote reflected unanimous approval. PLANNING MANAGER'S REPORT A. Planning Manager Ubnoske relayed that the Planning Department has added a new planner to the staff, Denise Thomas; and noted that she will be a great asset to the Planning Department. B. Planning Manager Ubnoske noted that the Wolf Creek Workshop will be held at the September 1, 1999 Planning Commission meeting; and advised, for Commissioners Naggar and Webster that she would relay their request concerning receiving the associated information prior to the meeting. Chairman Guerriero advised that the primary concern expressed by the community regarding the Wolf Creek Project during the recently held community workshops was the impact of the Pala Road improvements. C. Planning Manager Ubnoske provided each Commissioner with a GIS exhibit, denoting each of their personal lots. COMMISSIONER REPORTS A. Commissioner Fahey and Attorney Curley relayed that they would not be able to attend the September 1, 1999 Planning Commission meeting due to vacation plans. 12 PlanCmnm/minutes/081899 ADJOURNMENT At 9:20 P.M. Chairman Guerdero formally adjourned this meeting to Wednesday, September 1, 1999 at 6:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. Ron'~errier"~'~.~hairman Debbie Ubnoske, Planning Manager 13 Note: Resolution No. PC99-030 was not assigned to Agenda Item No.5. Coversheet for PC081899minutes