HomeMy WebLinkAbout082103 DH Minutes
MINUTES OF A REGULAR MEETING
OF THE CITY OF TEMECULA
DIRECTOR OF PLANNING
AUGUST 21, 2003
A regular meeting of the City of Temecula Director's Hearing was called to order on Thursday,
August 21, 2003, at 1 :32 PM, in the Main Conference Room, located at 43200 Business Park
Drive, Temecula, California. Principal Planner, Don Hazen presiding.
Also present were, Matt Harris, Associate Planner, Dan Long, Associate Planner and Minute
Clerk, Adria Y. McClanahan.
Item No.1: Planninq Application No. PA03-0364 (Minor Conditional Use Permit) is a request
to establish a Larqe Familv Dav Care Home within an existinq residence located
at 43829 Calle Balmez within the Paloma del Sol Specific Plan
Principal Planner, Don Hazen, explained the procedures of the Director's Hearing and changed
the order of the items on the agenda. Associate Planner, Matt Harris, presented the staff report.
Before opening the Public Hearing, Principal Planner, Don Hazen, summarized the State of
California statute regarding Large Family Home Daycare facilities. Principal Planner, Don
Hazen, opened the public hearing at 1 :38 PM. Applicant, lavdie G. Hamzai, 43829 Calle
Balmez, Temecula, California, 92592 offered to answer any questions or address any concerns.
Applicant agreed to Staff Conditions of Approval.
Don Tuumero Jr., 43797 Calle Balmez of Temecula, California requested to speak against the
application. Mr. Tuumero expressed concerns of excess noise, traffic and safety issues relating
to this proposed daycare facility. Mr. Tuumero wanted to ask if the applicant had plans to build
another facility in a commercial area.
Mary Anne McCoy, 43845 Calle Balmez, Temecula, California, expressed support for the
application. Ms. McCoy stated that the proposed Home Day Care facility is a great service to
the community.
Carol Newgard, 43781 Calle Balmez, wanted to know how many children are currently being
cared for. The applicant stated that she is currently caring for six children. Ms. Newgard spoke
against the proposed daycare facility due to noise and traffic safety concerns.
Steven Love, 43798 Calle Balmez expressed his opposition to the day care facility due to the
negative noise and traffic impact. Mr. Love also wanted to know why he was not notified of the
public hearing. Associate Planner, Matt Harris explained why some residents might not have
received notification of the Public Hearing. The applicant was given an opportunity to address
all concerns presented.
Principal Planner, Don Hazen, closed the public hearing at 1 :56 PM and addressed concerns
regarding traffic, noise and safety issues. Principal Planner, Don Hazen, verified with Matt
Harris, that there were no conditions of approval from other departments. Don Hazen stated that
there is a provision already in place for each concern raised by the neighbors, to insure that the
parking, noise, and safety issues do not become a problem. As it relates to parking, Don Hazen
stated that this street does not have a posted "no parking" zone. Therefore there are no parking
restrictions. Principal Planner, Don Hazen, stated that there might be a problem with speeding
on the street. However, the City of Temecula Police Department has the responsibility to
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enforce traffic laws within the City. Noise Restrictions are enforced after 10:00 PM, therefore,
the proposed day care facility will not be in danger of breaking the City of Temecula's noise
ordinance. Hazen found no reason to deny the application given the restraints of State Law.
Principal Planner, Don Hazen, requested that item #7 of the Conditions of Approval read: "The
large Family Day Care Home shall operate under a bona fide license from the State
Department of Social Services and a Business License from the City of Temecula. Both
licenses shall be provided to the Planning Department prior to activation of the
Conditional Use Permit." Principal Planner, Don Hazen, approved PA03-0364 subject to the
conditions of approval.
Item No.2: PlanninG Application No. PA03-0166, A Conditional Use Permit and
Development Plan Application for a 6.256 square foot self-serve car wash facility
Located on the South side of Via Rio Temecula. approximatelv 160 feet west of
Redhawk Parkwav.
Associate Planner, Dan Long, presented the staff report. Principal Planner, Don Hazen,
referenced the Development Code regulations relating to car wash facilities and asked Dan
Long whether the application complied with each regulation:
1. All car wash facilities whether self serve or full serve must be located 200 feet from any
residential district.
Dan Long, Associate Planner, confirmed the project meets requirement; Stating that the
nearest residential lot is 700-800 feet away from proposed project.
2. Wash basin and vacuum areas are screened from public view.
Dan Long, Associate Planner, confirmed that there is landscaping on the front and rear
of the site.
3. Regular monitoring of the facility by an attendant shall be provided during business
hours to control, noise, litter and other nuisances.
Dan Long, Associate Planner, confirmed that a part-time employee would be on site to
control noise, litter and other nuisances. He later clarified that the project was
conditioned to have a full-time employee.
4. Hours of operation limited to 7:00 AM to 10:00 PM.
Dan Long, Associate Planner confirmed that the applicant modified the hours of
operation to 7:00 AM to 9:00 PM.
Principal Planner, Don Hazen, opened the public hearing at 2:07 PM. larry Markham, 41635
Enterprise Circle North, Temecula, California, representing the applicant, agreed with the staff
report. Mr. Markham requested a break to provide an opportunity for the public to review the
plans for the proposed car wash facility.
After a brief recess, Betty Johnson, 44728 Corte Valencia, in Redhawk, expressed opposition to
the proposed car wash. Ms. Johnson stated that between the County of Riverside approval of a
nearby car wash facility and this proposed project, there would be three car washes within a
one-half mile area. Ms. Johnson expressed concerns about drug abuse and safety issues.
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Jeff Digby, owner of Ramona Tire, 31955 Via Rio Temecula Road, expressed opposition to the
proposed project because of the already approved car wash being built on the other side of
Ramona Tire. Mr. Digby also expressed safety concerns due to the late hours of operation.
Don Macek, 3615 Monte Real, Escondido, California, owner of the currently approved car wash
already being built next to Ramona Tire, expressed extreme opposition to the proposed
application. Mr. Macek believed this proposed car wash facility would prevent his business from
being a viable economic contribution to the City of Temecula.
Larry Markham addressed all concerns by stating the design team went to great lengths to
design the proposed car wash to meet the requirements in the conditions of approval. Mr.
Markham addressed issues regarding noise and litter after hours of operation. Landscape
Architect, Vince DiDonato , at the request of Principal Planner, Don Hazen, presented
information on the types trees that would provide screening for the proposed car wash facility.
Principal Planner, Don Hazen, closed the Public Hearing at 2:44 PM and addressed all issues.
Principal Planner, Don Hazen, first addressed Mr. Macek from a legal standpoint, stating a
property owner has a right to pursue his development of choice provided that business meets
the City's development requirements. Principal Planner, Don Hazen, informed Mr. Macek that a
previous approval from the County of Riverside to build his car wash facility is not a valid reason
to deny the application to build the proposed car wash facility. The proposed car wash facility
meets the requirements submitted by the City of Temecula.
According to Principal Planner, Don Hazen, he has reviewed the digital photo simulation
regarding the landscaping of the side and rear of the facility. The City's Landscape Architect has
also given validity to the landscape plan. Mr. Hazen is encouraged by the fact that there is a
park across the creek and creek vegetation, to provide landscape screening of the loading base
from public view.
Principal Planner, Don Hazen, finds that the proposed car wash facility is consistent with the
City's regulations. Principal Planner, Don Hazen, approved the Development Plan and
Conditional Use Permit PA03-0166 with the conditions as proposed and one modification.
Principal Planner, Don Hazen, is concerned about the maintenance of the landscaping along
the rear and the side of the proposed facility if there is a business failure in the future. In order
to make sure that the landscaping does not die, and to protect the view, Principal Planner, Don
Hazen, amended condition # 16 to read: "The property owner shall fully install all required
landscaping and irrigation, and submit a landscape maintenance bond in a form and amount
approved by the Planning Department for a period of eRe three-years and post one-year
bonds each year thereafter up to a maximum of ten years from the date of the first
occupancy permit
Principal Planner, Don Hazen, approved PA03-0166 subject to the conditions of approval. With
no other items on e agenda, the meeting was adjourned at 2:54 PM.
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