HomeMy WebLinkAbout082003 PC MinutesMINUTES OF A REGULAR MEETING
OF THE CITY OF TEMECULA
PLANNING COMMISSION
AUGUST 20, 2003
CALL TO ORDER
The City of Temecula Planning Commission convened in a regular meeting at 6:00 P.M., on
Wednesday, August 20, 2003, in the City Council Chambers of Temecula City Hall, 43200
Business Park Drive, Temecula, California.
ALLEGIANCE
Commissioner Olhasso led the audience in the Flag salute.
ROLLCALL
Present:
Commissioners Guerriero, Mathewson, OIhasso, Telesio and
Chairman Chiniaeff
Absent: None
PUBLIC COMMENTS
None.
CONSENT CALENDAR
A.qenda
RECOMMENDATION:
1.1 Approve the Agenda of August 20, 2003.
MOTION: Commissioner Guerriero moved to approve Consent Calendar Item No. 1. The
motion was seconded by Commissioner Mathewson and voice vote reflected unanimous
approval.
COMMISSION BUSINESS
No items.
R:\Minutes Planning Commission~.003\08203
PUBLIC HEARING ITEMS
NEWITEMS
Planning Application No. PA03-0245 Modify the current standards for businesses sellinq
alcoholic beverages to remove the requirement for a conditional use permit for qrocery
stores and specialty markets, remove separation distance requirements, and revise the
local standards for the concurrent sale of motor vehicle fuel and alcoholic beverages.
This proposal includes makinq equivalent chanqes to the text of previously adopted
commercially-based Planned Development Overlay zoning districts (PDO-1, PDO-3,
PDO-4, PDO-5 and PDO-6) located citywide
RECOMMENDATION:
2.1 Adopt a resolution entitled:
PC RESOLUTION NO. 2003-050
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 TITLE 17 OF THE TEMECULA
MUNICIPAL CODE AND PLANNED DEVELOPMENT OVERLAY
NOS. 5 AND 6 TO MODIFY THE REGULATIONS FOR
BUSINESSES SELLING ALCOHOLIC BEVERAGES
(PLANNING APPLICATION PA03-0245)
Principal Planner Hogan provided an overview of the staff report (as per agenda material),
noting the following:
· That the proposed ordinance amendment is a follow up from an item that was presented
to the Commission on March 19, 2003;
That the City's Development Code currently requires a Conditional Use Permit (CUP) for
all businesses that sell alcohol; that the Police Department and staff is suggesting to
eliminate the CUP requirement for grocery and department steres and specialty markets;
that definitions for a convenience store and a specialty market have been added to the
ordinance (see addendum to the staff report).
By way of overhead, Principal Planner Hogan presented an overview of the three (3) types of
businesses that would no longer require a CUP and the type of businesses that would still
require a CUP.
For Commissioner Guerriero, Principal Planner Hogan explained that staff has defined
convenience market; noted that the term generally means that in most cases the market will be
less than 5,000 square feet; that if a convenience market were 6,000 square feet in size but it
met the other definition components of a convenience market, it would still be considered a
convenience market; that the size of the business is not an absolute determinate of whether it
should be considered as a convenience market or specialty market.
For Commissioner Mathewson, Assistant City Attorney Ahn advised that the language in the
ordinance would provide the City flexibility and that verbiage with regard to square footage could
be relocated at the end of the definition.
For Chairman Chiniaeff, Principal Planner Hogan explained that the use of the term generally in
the ordinance would turn the verbiage from an absolute prohibition into a guideline.
Planning Director Ubnoske noted that the definitions were drafted by the Assistant City Attorney
Ahn and after discussions with him and other jurisdictions, staff is in support of the proposed
ordinance amendment.
For Commissioner Telesio, Planning Director Ubnoske advised that the Planning Director's
decisions are appealable to the Commission and to the City Council,
Principal Planner Hogan stated, for Commissioner Guerriero, that State Law does require a
600-foot separation from businesses selling alcohol and that the City's Development Code
currently requires a 500-foot separation.
For Commission Telesio, Principal Planner Hogan stated that the 500 foot separation would be
removed from the proposed ordinance; that Alcohol and Beverage Control (ABC) would require
a 600 foot separation; and that the Commission and the Council has the authority to impose any
operational conditions on businesses that require a Conditional Use Permit
For Commissioner Mathewson, Lieutenant Pingel advised that the Police Department does tend
to receive more complaints from restaurants with a full bar then businesses that only sell beer
and wine.
Principal Planner Hogan, in response to Commissioner Guerriero, noted that with the
elimination of the CUP requirement, the City would not be able to enforce regulations except
through the Police Department and ABC and that by retaining the CUP process, the City would
have the ability to quickly and effectively address an issue.
Advising that the Police Department does perform enforcement of alcohol and tobacco sales to
minors, Lieutenant Pingel, for Commissioner Telesio, advised that it would not be typical for the
Department to receive complaints with regard to convenience store alcohol sales within the City.
For Chairman Chiniaeff, Principal Planner Hogan stated the CUP process would be no more
onerous than the Development Plan process but that it would permit the City the ability to attach
greater findings and/or greater conditions if the City were to have a concern.
For Commissioner Mathewson, Planning Director Ubnoske advised that those restaurants only
serving beer and wine could be listed under the CUP category.
At this time, the public hearing was opened.
With no one to speak, the public hearing was closed.
Chairman Chiniaeff stated that any restaurant serving alcohol should be required to apply for a
CUP.
MOTION: Chairman Chiniaeff moved to approve staff recommendation, modifying the verbiage
with regard to square footage from 5,000 to 6,000 square feet, as noted above. (The motion
was seconded by Commissioner Olhasso; see next page.)
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Commissioner Telesio requested that staff eliminate the verbiage with regard to square footage.
Because it would provide flexibility and authority to the City, Commissioner Mathewson relayed
concern with removing the CUP process.
At this time, Commissioner Olhasso seconded the motion to further discuss the square footage
requirement.
Commissioner Mathewson suggested that the Commission review the proposed language
regarding the concurrent sale of motor vehicle fuel and alcoholic beverages.
AMENDED MOTION: Commissioner Guerriero moved to approve staff recommendation,
deletin.cj verbiage with regard to square footage from the definition of a specialty market and a
convenience marketJmini mart; amendin.q that all restaurants serving alcohol should be
required to obtain a CUP; and amendin.q the definition of a convenience market, as follows:
convenience markets may be found in conjunction with vehicle fuel stations. The motion was
seconded by Commissioner Olhasso and voice vote reflected unanimous approval.
Planninq Application No. PA03-0272 To construct, establish and operate three
professional office buildinqs totaling 581625 square feet located on the east side of
Ridqe Park Drive, south of Rancho California Road within the Crystal Ridge Business
Park
RECOMMENDATION:
3.1 Adopt a Negative Declaration;
3.2 Adopt a resolution entitled:
PC RESOLUTION NO. 2003-051
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA03-0272 A DEVELOPMENT PLAN TO CONSTRUCT,
ESTABLISH AND OPERATE THREE PROFESSIONAL OFFICE
BUILDINGS TOTALING 58,625 SQUARE FEET ON 5.6 ACRES.
THE SITE IS GENERALLY LOCATED ON THE EAST SIDE OF
RIDGE PARK DRIVE~ SOUTH OF RANCHO CALIFORNIA
ROAD ALSO KNOWN AS ASSESSORS PARCEL NOS. 940-
310-028 & 032.
Associate Planner Harris provided an overview of the staff report (as per agenda material),
noting the following:
That the planning application is a request to construct a professional office complex
consisting of three buildings within the Crystal Ridge Business Park -- Building B
(middle) is the largest and tallest building (three story) with Buildings A & C being two-
store buildings;
· That the three buildings would be intemonnected via sidewalks and court yards; that a
circular driveway is being proposed for the front of the complex;
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· That intensive decorative paving treatments have been proposed throughout the project
site;
· That the three buildings will be a Mediterranean architectural style; that each building will
have unique features while complementing the other buildings;
That the buildings will incorporate a variety of offsets and pop-outs and several useable
balconies; that the buildings will have varying rooflines; that Building B will have a corner
element consisting of a glass globe; and that entrances will utilize a heavy wood trellis;
That landscaping will consist of 13 different varieties of trees; that 48" box specimen
trees will be planted along the front of the building for shading; that 21 different varieties
of shrubs will be planted throughout the property;
That an Initial Environmental Study was required due to the site being larger than five
acres; that a comment letter, which was distributed at the meeting, was received by
AQMD concerning the project's emissions, stating a conflict with their requirements; that
in response to the letter, the applicant submitted a computer model AQMD; and that in
response to the computer model, AQMD submitted another letter, relaying no concern.
In closing, Mr. Harris advised that staff would recommend approval of the Negative Declaration
and Development Plan with the conditions of approval.
At this time, the public hearing was opened.
Mr. Robert Reynolds, 43529 Ridge Park Drive, Redhawk Communities, requested that
Condition No. 41 (regarding waiving the right to protest the formation of Assessment District) be
modified for the benefit of both the City and the applicant.
For Chairman Chiniaeff, Public Works Deputy Director Parks advised that Condition No. 41 ~s a
standard condition for properties west of Murrieta Creek.
Planning Director Ubnoske noted that Condition No. 41 would waive the right to protest the
formation of an Assessment District, a Community Facilities District, or a Bridge and Major
Thoroughfare Fee District but that during the process, the applicant may still protest the
assessments.
For Commissioner Telesio, Mr. Reynolds commented on the design of the project -- early
California architecture/Irvine Gill architecture, noting that the building's design will change with
every plane; that the different color awnings on the northeast elevation are not seen on one
plane because of the geometry of the building; and that window openings for Buildings A & C s
were intentionally different to create variation.
For Commissioner Oihasso, Mr. Reynolds reviewed the measurements of the colored glass
dome roof proposed for Building B.
At this time, the public hearing was closed.
Pleased with the project, Commissioner Guerriero thanked the applicant for proposing such a
beautiful building.
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MOTION: Commissioner Guerriero moved to approve Item No. 3. The motion was seconded
by Commissioner Mathewson and voice vote reflected unanimous decision.
Planning Application No's. PA02-0512 a Tentative Parcel Map request to divide 14.48
acres into 8 parcels1 PA03-0233 a Development Plan for a mixed-use professional
center consisting of 5 office buildinqs totaling 97,506 square feet and 2 restaurant/retail
buildinqs, totaling 12,000 square feet, and PA03-0234 a Conditional Use Permit for a
self-storage facility consistinq of a 1-story 1,307 square foot office, three 1-story storage
buildin.qs and two 2-story stora.qe buildinqs for a combined total of 1081844 square feet
located on the north side of Highway 79 South, east of Avenida de Missionesl and the
future Rancho Pueblo Road1 known as Assessor Parcel Nos. 959-070-001 thru 003,
Thomas Thornsleyi Associate Planner
RECOMMENDATION:
4.1
Adopt a Notice of Exemption for Planning Application No's. PA02-0512, PA03-
0233, and PA03-0234 based on the Determination of Consistency with a project
(PA01-0522) for which a Negative Declaration was previously adopted pursuant
to CEQA Guidelines Section 15162 - Subsequent EIR's and Negative
Declarations;
4.2 Adopt a resolution entitled:
PC RESOLUTION NO. 2003-052
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA02-0512 FOR TENTATIVE PARCEL MAP NO. 30797, A
REQUEST TO DIVIDE 14.48 ACRES INTO 8 PARCELS WITH A
MINIMUM GROSS LOT SIZE OF 43,677 SQUARE FEET,
LOCATED ON THE NORTH SIDE OF HIGHWAY 79 SOUTH,
EAST OF AVENIDA DE MISSIONES, AND THE FUTURE
RANCHO PUEBLO ROAD, KNOWN AS ASSESSOR PARCEL
NO'S. 959-070-001 THRU 003
4.3 Adopt a resolution entitled:
PC RESOLUTION NO. 2003-053
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA03-0233 A DEVELOPMENT PLAN FOR THE DESIGN
AND CONSTRUCTION OF AN 11.02 ACRE MIXED-USE
PROFESSIONAL CENTER WHICH INCLUDES FIVE OFFICE
BUILDINGS TOTALING 97,506 SQUARE FEET, AND TWO
RESTAURANT/RETAIL BUILDINGS, TOTALING 12,000
SQUARE FEET, LOCATED ON THE NORTH SIDE OF
HIGHWAY 79 SOUTH, EAST OF AVENIDA DE MlSSlONES,
AND THE FUTURE RANCHO PUEBLO ROAD, KNOWN AS
ASSESSOR PARCEL NO'S. 959-070-001 THRU 003
4.4 Adopt a resolution entitled:
PC RESOLUTION NO. 2003-054
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA03-0234 A CONDITIONAL USE PERMIT AND
DEVELOPMENT PLAN FOR THE OPERATION, DESIGN AND
CONSTRUCTION OF A SELF-STORAGE FACILITY
CONSISTING OF A 1-STORY 1,307 SQUARE FOOT OFFICE,
THREE 1-STORY STORAGE BUILDINGS AND TWO 2-STORY
STORAGE BUILDINGS FOR A COMBINED TOTAL OF 108,844
SQUARE FEET, LOCATED ON THE NORTH SIDE OF
HIGHWAY 79 SOUTH, EAST OF AVENIDA DE MlSSlONES,
AND THE FUTURE RANCHO PUEBLO ROAD, KNOWN AS
ASSESSOR PARCEL NOS. 959-070-001 AND -002.
By way of overheads, Associate Planner Thornsley provided an overview of the staff report (as
per agenda material), noting the following:
That the proposed 14.48 acres is located on the north side of Highway 79 South, east of
Avenida de Missiones;
· That internal circulation will allow both vehicular and pedestrian traffic to access all the
facilities;
· That the proposed northern area will have a single-story facility along the outside with a
two-story building in the center;
That the style of the architecture for all buildings will be Spanish Eclectic, which will
provide extra accenting and more variation in the wall planes; that materials will consist
of mixed stucco with various colors;
That the proposed landscaping will consist of berms and shrubs along the highway to
screen the parking lots; that areas along the building mass that face the single-family
homes will consist of trees, shrubs, and ground covers.
In closing, Mr. Thornsley stated that the projects are consistent with the Planned Development
Overlay-6 (PDO-6) zoning and land use designation of the General Plan and that staff would
recommend approval by the Planning Commission.
For Commissioner Mathewson, Associate Planner Thornsley stated that Rancho Pueblo Road
will eventually tie into other roads and that once the road is connected to another public road,
the Public Works Department will accept Rancho Pueblo Road for maintenance.
Once the road has connected to another public road, Associate Planner Thornsley, for
Chairperson Chiniaeff, stated that an offer of road dedication would occur on the parcel map;
that the wall accents on the front elevation of the storage building will be applied to the back
side wall along Los Rancheros.
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For Commissioner Telesio, Associate Planner Thornsley clarified that shrubs along with a
variety of berms (ranging from two feet to a maximum of four feet) will be located along Highway
79 and that the proposed berm will not be a continues berm in order to allow view corridors.
For Chairperson Chiniaeff, Associate Planner Thornsley stated that proposed signage will be
consistent with the PDO.
For Commissioner Guerriero, Mr. Jim Benaday, 4403 Manchester Road, Encinitas, Landscape
Architect, stated that a combination of Sweet Bay and Strawberry Trees as well as a trellis are
being proposed along the north side of the storage facility; that the Sweet Bay trees are a
medium to fast growth tree and will grow to 60 feet; and that irrigation has not been proposed
but that the site will consist of a combination of drip and sprays systems.
Associate Planner Thornsley presented the Commission with a list of conditions to be added to
the Tentative Map (PA02-0512,) consisting of new language (proposed by the Planning
Department) dealing with paleontology and archeological sites and the remaining conditions
pertain to the rewording of conditions (regarding street improvements and on-site drainage
facilities) as has been discussed with the Public Works Department and the applicant.
For Chairman Chiniaeff, Planning Director Ubnoske stated that as a result of previous projects,
new language relative to archeology and paleontology has been added and the Assistant City
Attorney has assisted with drafting this new language that will become standard language for
the Planning Department.
As a result of the Temecula Creek Village Project, Principal Planner Hazen, for Commissioner
Telesio, stated that new language has been added to fully explain the procedure for halting work
in the event that archeological resources were found and that the new language will assist the
City and the applicant in understanding that if archeological resources were found that the site
will be shut down.
Commissioner Mathewson requested to change the second sentence of the first paragraph to
state: Director of Planning at his/her discretion may require the property owner ...
At this time, the public hearing was opened.
Mr. Mel Malkoff, 18456 Lincoln Circle, Villa Park, representing the applicant, thanked the
Planning, Public Works, Fire, and Building and Safety Departments for their assistance with this
project. Mr. Malkoff voiced concurrence with the proposed conditions with the exception of
Condition No. 35 (regarding good faith effod for off-site acquisition/improvements for Street A -
copies distributed fo the Commission) and requested that this condition be removed. Mr.
Malkoff stated that this condition will be problematic in the implications of exposure to his client.
He noted that the applicant has received no response from the hospital for cooperation of the
roadway; that the applicant, due to the hospital's non-response, would not be desirous of paying
for the condemnation considering it is not a public road; that since it is not a public road, the City
would not exercise eminent domain; and that, therefore, requested that Street A revert to a two-
lane driveway on the applicant's property.
Chairman Chiniaeff explained that as per State Law, if the City were to impose a condition on a
project and the applicant would make a good faith effort to work it out, then the City may
condemn at the applicant's expense.
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Associate Planner Thornsley stated that the eminent domain may not be used for condemning a
driveway or for private purposes and that these driveways or roads would be private until there
would be a connection.
Chairman Chiniaeff suggested that if the commercial driveway should be designed as a street,
the requirements for a driveway should be modified so that a temporary curb may be installed;
that if there were development adjacent to the property, a driveway or street could be connected
to both properties.
Mr. Malkoff requested that the fee discrepancy for Condition No. I be corrected; that Condition
No. 9 be modified to allow onsite sale of accessory merchandise such as packing materials; and
that no onsite packaging popcorn would be utilized.
Planning Director Ubnoske agreed to allow onsite sale of accessory merchandise as long as the
merchandise be retained inside the structure.
At this time, the public hearing was closed.
MOTION: Chairman Chiniaeff moved to approve staff recommendation, deleting Condition No.
35 for PA02-0512, amending Condition No. 1 of PA03-0234 to reflect to correct fee amount,
amending Condition No. 9 of PA03-0234 to allow onsite sale of accessory merchandise,
adding three additional conditions as recommended by staff (see page 8). The motion was
seconded by Commissioner Guerriero and voice vote reflected unanimous decision.
COMMISSIONER'S REPORTS
Commissioner Guerriero thanked the Planning and Public Works Departments staff for their
efforts with the change in amhitecture and design aspects which have been presented to the
Commission over the last several months.
PLANNING DIRECTOR'S REPORT
Planning Director Ubnoske announced that the Design Guidelines Consultant will be making a
presentation at the next Planning Commission meeting.
Principal Planner Hazen provided a brief overview of several format changes and procedures
that will be implemented for staff reports and presentations.
Planning Director Ubnoske inquired whether a member of the Commission would be interested
in attending the State APA Conference in Santa Barbara on September 28th through October
1st, 2003.
ADJOURNMENT
At 7:35 P.M. Chairman Chiniaeff formally adjourned the meeting to the next re,qular meetin,q to
be held on Wednesday September 3, 2003 at 6:00 P.M., in the Council Chambers 43200
Business Park Drive, Temecula, CA 92590
Dennis ~
Chairman
Debbie Ubnoske
Director of Planning
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