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HomeMy WebLinkAbout040704 PC Minutes < I MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION APRIL 7, 2004 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:00 P.M., on Wednesday, April 7, 2004, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Chairman Telesio thanked Eve Craig for the prelude music and welcomed Elton and Jean Ward. ALLEGIANCE Commissioner Olhasso led the audience in the Flag salute. ROLL CALL Present: Commissioners Guerriero, Mathewson, Olhasso, and Chairman Telesio. Absent: Chiniaeff . PUBLIC COMMENTS No comments. CONSENT CALENDAR 1 Aaenda RECOMMENDATION: 1.1 Approve the Agenda of April 7, 2004. 2 Minutes RECOMMENDATION: 2.1 Approve the Minutes of February 18, 2004. MOTION: Commissioner Guerriero moved to approve the Consent Calendar. Commissioner Mathewson seconded the motion and voice vote reflected approval with the exception of Commissioner Chiniaeff who was absent. Principal Planner Hazen requested that Item NO.3 be continued to May 5, 2004 and Item No.7 be continued off calendar. R:\MinulesPC\040704 1 MOTION: Commissioner Olhasso moved to approve staff's request to continue Item No.3 to May 3, 2004 and Item No. 7 off calendar. Commissioner Guerriero seconded the motion and voice vote reflected approval with the exceDtion of Commissioner Chiniaeff who was absent. COMMISSION ~U~INESS New Items 3 Plannina Application No. PA03-0227 and PA03-0625 a Tentative Tract Map to subdivide 4.28 acres into 60 sinale-familv residential lots averaaina 3.000 sauare feet. and a Development Plan to consider the architectural desian and placement of proposed homes. located north of Harveston Lake. west of Loop Drive. and east of the Lakefront Cottaaes tract This was continued to May 3, 2004, see above. 4 Plannina Application No. PA03-0671 a Development Plan to construct. establish and operate a sinale-storv Red Lobster Restaurant buildina totalina 7.567 sauare feet on 1.6 acres. located on the northeast corner of Overland Drive and Promenade Wav 5 Plannina Application No. PA03-0321 a Tentative Tract Map to subdivide 3.2 acres into 10 sinale- familv residential lots. located at the southeast corner of Rancho Vista Road and Ynez Road. Associate Planner Harris presented a staff report (as per agenda material), noting the following: . That the proposed project is within the existing Overland Corporate Center which the Commission approved in 2001; . That Condition of Approval No. 7 of the Development Plan required that the Planning Commission review and approve any changes to the approved building types; . That a lot line adjustment application is currently being processed to reconfigure existing lot line onsite to better accommodate the restaurant facility; . That there will be varying roof plans; that there will be a large porch effect around the building which will create shadow and depth to the building; and that large decorative windows will be applied along the rooflines; . That to further accentuate the building, an outdoor patio will be proposed along the western property line; . That southeast coastal architecture will be utilized to commensurate with a seafood restaurant; . That staff is of the opinion that the unique architecture being proposed will be appropriate for a restaurant building; . That 102 parking spaces will be provided; R:\MinutesPCI040704 2 . That reciprocal parking and access easements will be provided between adjacent parcels within the center; . That staff is requesting that the applicant incorporate a decorative concrete colored sidewalk to accentuate the cobblestone at the front entrance to further enhance the aesthetics along the front of the restaurant; and that this has been made a recommended condition; . That staff determined that the proposed project will be consistent with the General Plan and will conform to the Citywide Design Guidelines and Development Standards specified in the Temecula Regional Center Specific Plan (SP). For Commissioner Guerriero, Deputy Director of Public Works Parks relayed that Promenade Way is a private street and that currently there are no intentions of having the street dedicated; and that with the cooperation of the mall development, staff could explore the intent of installing "No Parking" signs on Promenade Way to aid with traffic. . At,this time, the Public Hearing was opened. Mr. Michael Riley, 3190-K Airport Loop, architect for the applicant, noted that the applicant would be willing to work with staff in regard to incorporating a decorative, concrete colored sidewalk and a color that will be compatible with the cobblestone. Mr. Craig Turner, 41777 Carleton Way, expressed concern with winds carrying the aroma of cooked fish. For the Commission, Mr. Riley relayed that the Red Lobster, as an operation, would have exhaust hoods that would be installed in restaurants. At this time, the Public Hearing was closed. Commissioner Guerriero expressed excitement with regard to a Red Lobster in Temecula and expressed delight with the architecture but noted that he would not know how to address the concern of the cooked fish aroma. Although he would he recognize the concern of the fish aroma, Commissioner Mathewson would not view it as a significant concern. For Commissioner Olhasso, Assistant City Attorney Curley noted that it would not be out of line to request that staff add a condition that would have the applicantinstall top of the line vents. Commissioner Mathewson suggested that staff and the applicant work together to ensure a high quality filtration system. At this time, the Public Hearing was closed. MOTION: Commissioner Mathewson moved to approve staff's recommendation; to adopt Resolution No. 2004-015; and to direct staff to work with the applicant on the ventilation system and the colored concrete sidewalk. Commissioner Olhasso seconded the motion and voice vote reflected approval with the exception of Commissioner Chiniaeff who was absent. R:IMinutesPClO40704 3 PC RESOLUTION NO. 2004-015 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0671, A DEVELOPMENT PLAN TO CONSTRUCT, ESTABLISH AND OPERATE A SINGLE-STORY RED LOBSTER RESTAURANT BUILDING TOTALING 7,567 SQUARE FEET ON 1.6 ACRES. THE SITE IS GENERALLY LOCATED ON THE NORTHEAST CORNER OF OVERLAND DRIVE AND PROMENADE WAY ALSO KNOWN AS ASSESSORS PARCEL NOS. 921-830-027 & 028 5 Plannina Application No. PA03-0321 a Tentative Tract Map to subdivide 3.2 acres into 10 sinale-familv residential lots. located at the southeast corner of Rancho Vista Road and Ynez Road Associate Planner Long presented a staff report (as per agenda material), highlighting the following: . That one access point will be proposed to the public street system off Ynez Road; that there will be two internal cul-de-sacs; and that there will be no direct vehicular access to Rancho Vista Road; however, there will be a pedestrian path onto Rancho Vista Road; . That as a condition of approval, the applicant will be required to provide a landscape median along Ynez Road for the length of the project site which will limit access to the site as a right in and right out; and that there will be no turn lane; . That the applicant proposed to landscape the area between the proposed street and Ynez Road as well as the length of the project adjacent to lot 10 and lot 1 ; and that once that area is designed and landscaped, it will be transferred to the City by a grant deed; ~ . That there is an existing equestrian easement on the eastern portion of the project site; that new structures are being proposed in this easement; and that there is a condition of approval, that will prohibit any permanent structures within the equestrian easement; . That there was a Mitigated Negative Declaration prepared for the site; and that the potential impacts are noise, air quality, cultural resources, geotechnical, and removal of trees; . That the applicant has provided a noise study and identified sound and barrier walls proposed on the west side of lot ten (10) and on the north side of lot one (1); . That as_a mitigation measure and a condition of approval, the applicant will be required to submit a final noise study to determine interior noise levels and if any additional mitigation measures were required; . That the applicant will be removing 19 trees on the eastern portion of the project site; R:\MinutesPC\040704 4 . That per the request of staff, the applicant agreed to replant all live trees at a 1:1 ratio pursuant to an arborist report; . That staff received letters (which were provided to the Commission) from residents, noting the following concerns: o That there be no vehicular access onto Rancho Vista Road; o That staff protect the equestrian easement; o That residents are concerned with the proposed median; . That staff would recommend that the Commission adopt the resolution approving the Mitigation Negative Declaration Monitoring Program and adopt a resolution to approve Tenant Tract Map No. 31344 and the attached conditions. Deputy Director Parks requested to correct Condition of Approval 33a to read: Improve Road (major Highway Standards -100' R1W). For Commissioner Guerriero, Mr. Long noted that the applicant is proposing to move the trees to provide suitable building pads for the proposed project and that staff required the applicant to plant 24 "box living trees. Clarifying for Chairman Telesio, Mr. Long noted that southbound traffic in order to access will need to make a U-turn at Pauba Road. Mr. Parks also relayed that when Tierra Vista Road will be completed the tract could possibly have access to a signalized intersection at Ynez Road and Tierra Vista Road; that in addition, Preece Road loops around and connects to Ynez Road further south and that at the location, Ynez Road is designated as a secondary highway which is 88 RIW and would not have a raised landscaped median at that location; that the purpose of the condition is to meet the circulation element of the General Plan; that this would be the only time to get the raised landscape medians paid for; however, there is a possibility to take cash in lieu of until the entire median is completed. For the Commission, Mr. Parks relayed that Tierra Vista is a recorded subdivision map and staff has bonds for making the improvements but have not had the need until now; that there is activity within that area for additional development so that the developer would be required to build the roads; that currently there is a signal at Tierra Vista; and that at this time, staff does not have the schedule for the extension. At this time, the Public Hearing was opened. Mr. Larry Markham, 41635 Enterprise Circle North, representing the applicant, relayed the following: . That the pre-application was for an 18-unit condominium project which was modified to a 14-unit condominium project both of which have required a Planned Development Overlay (PDO); that after much consultation with staff, the applicant has reduced the project to a 10-unit project; R:\MinutesPCI040704 5 . That the initial design had a street lining up opposite the street across an intersection; that as per the Public Works Department, the applicant would be responsible for half of the median; that the intent would be to build the entire median across the applicant's frontage, enabling the applicant to generate fee credits for the other side of the half street; that if there were a desire to propose cash in lieu of the interim case scenario, staff informed the applicant would be open to it; . That the applicant that access off Rancho Vista Road would not be feasible due to the close spacing of the Rancho Vista and Ynez Road intersection; . That Condition of Approval No. 7 be modified to read: that the purple plum trees be replaced by trees that would be acceptable to the Community Services Department (CSD); . . That the applicant is working with three property owners to resolve the issue of rear-yard encroachments; that the association continues to express concern relative to easements; that the applicant has chosen to pull everything back from the easement edge so that the applicant will not be impacting or restricting any use of the easement; that the easement exists further to the east into a landscaped area within one of association boundaries and is not used for equestrian purposes at this time, but was reserved in place so that there will be no impact to that easement; The following individuals spoke against the proposed project for the following reasons: Earlene Bodman Jeff Steinorth Robert Milligan Rachel Rayluron Karen Farrar Ron Hull John Music Kate Chandler Hal Hoy Mike Medaris David Moodie Eve Craig Jody Sypher Lori Huot Paul Botello Joe Buchmiller Bill Selyzer 30216 Mira Loma Drive 43079 Calle Reva 43064 Calle Reva 28368 Tierra Vista 28289 Calle Ocasa 42943 Calle Reva 28179 Tierra Vista P.O. Box 891138 28345 Corte Ocaso 42936 Calle Reva 28208 Tierra Vista Road 42960 Calle Reva 43359 Calle Reva 28312 Tierra Vista Road 29740 Camino del Sol 43048 Calle Reva 28242 Corte Malbrino . That Lake Village Community Association members have the right to use the dedicated equestrian, pedestrian easement located along the eastern border of lot No. 252; that the members would like to continue to use the easement and are not planning to give up that right; . That it would be necessary for surrounding residents to access Ynez Road to get to and from the highway; R:IMinutasPC\040704 6 . That the 50 to 75 year old and 60 to 80 feet tall trees being replaced by small trees is a concern; . That Tierra Vista Road would not be a viable access point; . That exiting at Preece Road to Ynez Road is a concern; . That adding a median along that area will worsen the morning iraffic; . That. if there would have been proper notification, there would have been more than 17 speakers; . That there are over 406 homes in Rancho Vista and over 300 vehicles that exit a day onto Preece; . That until Tierra Vista Road will be completed, over 300 homeowners will have difficulty exiting their own community; . That residents would recommend aligning Preece and Rancho Vista for a four-way stop light; . That if a median were installed prior to completion of Tierra Vista Road, there will be increased driver frustration and accidents; . That Eucalyptus trees are a concern in regard to fire; . That asking homeowners to make a U-turn to exit their neighborhood for these 10 nearly proposed homes would be absurd; . That adding a median along that stretch of road would lower the value of the homes in the area; . That there is concern with the retaining wall that is being proposed. Chairman Telesio thanked the speakers for their cooperation. For the speakers, Director of Planning Ubnoske clarified that state law requires one form of notification; that the City of Temecula does three forms of notification: an add is put in the paper, notices are mailed to every homeowner within 600 feet of the boundary, and the proposed site is posted and noting that the title company provides the City with labels and certifies that those are the correct homeowners within 600 feet. Mr. Larry Markham clarified the following: . That the applicant would concur to the suggestion of realigning Preece Road with Rancho Vista Road to create a new four-way intersection, as designed in the CIP; . That the applicant would be willing to accept a condition to provide cash in lieu of; R:\MinutesPC\040704 7 . That the only trees that would be removed are those at the base of the hill on the applicant's property; and that some are diseased and some are healthy; . That the houses on Camino del Sol Road are ranging from 14' to 25' pad to pad that the maximum cut is about 5 to 6 feet at the top; that the new homes will see completely over the new development; and there they will not be an impact from the difference in pad elevations; . That standard noticing was applied; . That the Rancho Highland Community Association was noticed; . That the applicant has worked very hard to accommodate the concerns of staff; . That the applicant met with the Lake Village Association; that the request from them was to change the definition of the easement to an equestrian size pedestrian easement; . That if there were no solution between the applicant and the association, the applicant will not be building the fence across the easement, pursuant to the condition that Mr. Long has provided. Deputy Director of Public Works Parks clarified that this would be the only time that staff can condition the developer to pay for the cost of widening the road to meet General Plan designations; that it would not be the intent to block the left-turn motion until such time an alternate route to in and egress that site; that staff would explore the option of lining up Rancho Vista with Preece; that there are several options and staff does not want to block the residents' of ingress and egress; however, with the General Plan build out, and as more cars access Ynez Road, this will become an unsafe turning motion and there will be more accidents due to the facts that there is no median; and that medians are installed to avoid accidents not cause them. Commissioner Guerriero relayed that he would be of the opinion that the most viable option heard would be the realigning of Rancho Vista Road and Preece Road; and that an arborist should make the decision whether or not the Eucalyptus trees should be removed. Commissioner Mathewson noted that the raised median on Ynez is vital and ultimately will need to be installed in; that it is a safety issue with traffic on Ynez; that the solutions that were offered with respect to the realignment of the intersection would be positive approach. . Chairman Telesio noted that the General Plan Citizens Advisory Committee will be exploring the circulation element on Ynez Road. For Commissioner Olhasso, Deputy Director of Public Works Parks relayed that the Public Works Department will explore other alternatives for the circulation element on Ynez Road. Commissioner Olhasso thanked the developer for lowering the density of the homes. R:\MinutesPC\040704 8 MOTION: Commissioner Guerriero moved to approve Resolution No. 2004-016 per staff's recommendation with changes to Condition of Approval Nos. 7 and 30 per staff's recommendation; that the City hold the applicant to the equestrian/pedestrian easement blockage; that the applicant work with the Rancho Highland Homeowners Association (HOA) to " explore the possibility of realignment; and that the City propose cash in lieu of for the installation of the median. Commissioner Mathewson seconded the motion and voice vote reflected approval with the exceDtion of Commissioner Chiniaeff who was absent. PC RESOLUTION NO. 2004-016 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0321, TENTATIVE TRACT MAP NO. 31344 'SUBDIVIDING 3.2 ACRES INTO TEN SINGLE-FAMILY RESIDENTIAL LOTS GENERALLY LOCATED AT THE SOUTHEAST CORNER OF RANCHO VISTA ROAD AND YNEZ ROAD, KNOWN AS ASSESSORS PARCEL NO. 944-092-024 6 Plannina Aoolication No. PA02-0717 a Conditional Use Permit and Develooment Plan to construct and ooerate a wireless telecommunications facilitv to include a 56-foot hiah artificial oalm tree and four (4) outdoor eauioment cabinets within a 310 sauare foot block screen wall. located at 31575 Enfield Lane Associate Planner Fisk presented a staff report (as per agenda material), noting the following: . That Cingular Wireless has been experiencing dropped calls in the area of the proposed facility; . That the proposed location would be the only candidate site that would meet technical, zoning, and landowner requirements; . That the project site will consists of a lease area of 532 square feet within a 3.16 acre residential parcel that contains an existing single-family home; . That the telecommunications facilities and antennas ordinance requires that such facilities be located no closer then 75 feet from any residential dwelling unit; . That the proposed facility will be situated approximately 85 feet from the nearest residential unit which is the home located on the project site; . That access to the site will be obtained from an existing 19 foot 3 inch wide dirt driveway; . That the proposed monopalm will be designed to resemble existing and proposed living Mexican Fan Palms located on the project site; R:\MinutesPCl040704 9 . That the exterior surface of the monopalm will be a brown rubber cladding material that simulates a palm tree trunk; . That the monopalm will feature three antenna panels placed inside the bulb portion of the monopalm so that the antennas will not be visible; . That a 310 square foot screened equipment area consisting of a six foot split-face block wall and a wooden access gate will screen the four proposed outdoor equipment cabinets; . That a five-gallon silver-berry shrubs will sound the equipment screen wall to soften its appearance and the addition of two 35 foot Mexican Fan Palms at the Southside of the equipment screen wall; . That the antennas will be within the bulb portion of the monopalm; . That the proposed height of the monopalm is 56 feet as measured from the natural undisturbed ground surface below the center of the base of the tower to the top of the simulated palm fronds; . That it was determined by the applicant's engineer that 56 feet is the minimum height needed to achieve the applicant's technical coverage objectives; . That the height as proposed will permit the monopalm to achieve the objective of sending and receiving cellular telephone transmissions to provide coverage along and between Butterfield Stage Road and Calle Medusa; . That staff if the opinion that the proposed height will create any undesirable aesthetic impacts; . That staff determined that the proposed monopalm will meet the intent of the general requirements for visual compatibility as defined in the Telecommunication Facility and Antenna Ordinance; . That staff will make the required findings necessary to approve a 56 foot high unmanned wireless telecommunication facility at the proposed location; . That an initial study prepared indicated that the project could impact palenontological or archeological resources unless mitigation measures are included as conditions of approval; therefore, staff would recommend adoption of a Mitigated Negative Declaration for the project. At this time, by way of a PowerPoint presentation, photo simulations were presented. Mr. Fisk noted that he received two letters from neighbors who expressed concern with radio frequency and visual impacts. For the record, Mr. Fisk relayed that the 1996 Telecommunications Act dictated that the Federal Communications Commission (FCC), who oversees radio frequency emissions stated that the City does not have the ability to approve or deny these types of projects based on radio R:\MinutesPC\040704 10 frequency emiSSions; and noted that the proposed project will have to comply with FCC regulations and will be reviewed by the FCC. Staff noted that based on the photo simulations and material samples that were presented to staff there would not be severe visual impacts; that the proposed project will be consistent with all applicable City ordinances, standards, guidelines, and policies; and that the project would be compatible with the surrounding developments in terms of design and quality and staff would recommend approval. Commissioner Mathewson relayed that he would be of the opinion, therefore, that the intent of the ordinance would be to keep these types of projects out of residential areas. For Commissioner Mathewson, Mr. Fisk relayed that the attachments in staff's report included zoning consistency and justification and that he did not have a list of landowners that were contacted. At this time, the Public Hearing was opened. Mr. GiI Gonzales, 150 Palareno Avenue, representative from Cingular Wireless relayed the following: . That Cingular Wireless cannot make any decisions based on health effects, per the Telecommunications Act; . That the results from a radio frequency study performed by an outside consultant objective firm revealed that the proposed facility would be at one and a half percent below the safety standard, at a worse case scenario; . . That Cingular Wireless is not aware of any illegal grading; . That the proposed facility will be designed to mimic a palm tree and that currently there is a line of existing palm trees on the property; . That Cingular Wireless facility operates at a line of technology in which you must be able to see what you are trying to cover; that installing trees at the same height would cause interference; . That in addition to the existing palm trees Cingular Wireless will be also planting two live palm trees at 35 feet; . That the proposed unit will be 300 to 400 feet to the south property line and 400 to 500 feet to the nearest residence to the south; that there is an existing unit on this property; however, it meets the 75 foot setback requirement and that it is on the other side of the property; . That the proposed height is the minimum required for the facility to properly propagate the signal; . That the site was tested at 45 feet and failed the requirements needed by the Radio Frequency Engineer; R:\MinutesPCl040704 11 . That the operating characteristics of the proposed telecommunications facility will create no impact on circulation system will generate no noise, odor, or smoke; and will not create any adverse impact that are detrimental or incompatible with other permitted uses in the vicinity; . That Cingular Wireless would concur with the Conditions of Approval. For the Commission, Mr. Gil noted the following: . That there will be four (4) BTS cabinets at four (4) feet in height that will be enclosed within a block to mitigate visibility; . That the power source will be 200 watts from an onsite source; . That there will be an enclosure with a gate for maintenance; . That there will be no alarm installed; that they are designed to be outdoor units; and that each equipment cabinet will have a lock; . That if the proposed 50 foot high artificial palm tree were lowered, Cingular's coverage in the area would shrink and would, in effect, raise the need for another facility. Assistant City Attorney Curley reiterated to the Commission that the item before the Commission is for the consideration a CUP in residential area; that the Federal Communications Commissions (FCC) oversees radio frequency emissions; and that the City does no have the ability to approve or deny these types of projects based on radio frequency emissions. For Commissioner Mathewson, Mr. Gonzales noted that he will provide a list of the property owners that were contacted. At this time, the Public Hearing was opened. The following individuals spoke aaainst the proposed project for the following reasons: Ms. Roma Stromberg Ms. Cecilia Ticsay 40384 Windsor Road 40372 Windsor Road . That the proposed project will result in significant visual impacts to nearby residents; . That there was no view shield analysis or line site analysis completed; . That the public was not given on opportunity to review the material on which the City Planning staff made their finding; . That it is the opinion of several neighbors that the proposed facility is not consistent with existing residential land uses and would not be in character with the existing community, resulting in significant land use impact; . That there are no other above ground facilities in the neighborhood; R:IMinulesPCI040704 12 . That the residents are of the opinion that there is inadequate information to support that there will be no detrimental effects to the health and welfare of the community. For the Commission, Mr. Gonzales noted that it would not be the intent of Cingular Wireless to install a generator on any of the facilities; that the intent would be to achieve permanent power; that Cingular Wireless would only install a generator if a site were to completely shut down due to some natural disaster in the area; that the facilities will be maintained once every two months; and that if it were the will of the Commission, more live palm trees could be planted. Commissioner Mathewson expressed concern with the height of the monopalm and suggested that that the applicant submit verification that 56 feet is the absolute minimum requirement. Commissioner Guerriero concurred with Commissioner Mathewson and also expressed concern with security of the facility. For the Commission, Mr. Gonzales relayed that the 56 feet is to accommodate for the palm fronds; that the antenna tip height is 50 feet; and that he would be willing to come back with a study demonstrating the facility at 45 feet to show the difference. For Mr. Gil, Commissioner Matheson also requested that he also provide a list of the property owners that were contacted. MOTION: Commissioner Mathewson moved to continue Item No. 6to April 21, 2004. Commissioner Guerriero seconded the motion and voice vote reflected approval with the exception of Commissioner Chlniaeff who was absent. PC RESOLUTION NO. 2004- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0717, A CONDITIONAL USE PERMIT/DEVELOPMENT PLAN TO CONSTRUCT AND OPERATE A WIRELESS TELECOMMUNICATIONS FACILITY WITH THREE (3) ANTENNAS HOUSED WITHIN THE BULB PORTION OF A PROPOSED FIFTY- SIX FOOT HIGH ARTIFICIAL PALM THREE AND FOUR OUTDOOR EQUIPMENT CABINETS WITHIN A 310 SQUARE FOOT BLOCK WALL ENCLOSURE AT 31575 ENFIELD LAND, GENERALLY LOCATED ON THE SOUTH SIDE OF ENFIELD LAND, APPROXIMATELY 3200 FEET EAST OF RIVERTON LAND (APN 957-170- 012) 7 Plannina Application No. PA03-0679 a Minor Conditional Use Permit to operate a 1.670 sauare foot facility rentina computer time for the use of word processina software and for internet use. includina internet aamina. located at 40820 Winchester Road. Suite 1040 Per the request of the Planning Director, Item No.7 was continued off calendar. R:IMinutesPCI040704 13 PC RESOLUTION NO. 2004- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION PA03-0679 A MINOR CONDITIONAL USE PERMIT TO OPERATE A 1,670 SQUARE FOOT FACILITY RENTING COMPUTER TIME FOR THE USE OF WORK PROCESSING SOFTWARE AND FOR INTERNET USE, INCLUDING INTERNET GAMING, WITHIN THE PROMENADE MALL LOCATED AT 40820 WINCHESTER ROAD, SUITE 1040, KNOWN AS ASSESSORS PARCEL NO. 910-420-005. 8 Plannina Apolication No. PA03-0677 a Development Plan to construct two. two-stOry professional office buildinas totalina 37.520 sauare feet on an undeveloped 3.2 acre site within the Paloma Del Sol Specific Plan Area. located at the southeast corner of Pauba Road and Maraarita Road Principal Planner Hazen presented a staff report (as per agenda material), noting the following: . That staff primarily focused on the consistency with the Paloma del Sol Specific Plan (SP) and the overall site design and building architecture; . That the site is located at the southeast corner of Margarita Road and Pauba Road; . That the site plan shows two, two-story office buildings being constructed at the corner, with a courtyard between the two buildings and that there will be interior parking and a single access driveway off Pauba Road and Margarita Road; . That the proposed use will be consistent with the uses listed in Planning Area 34 of the Paloma del Sol (SP); that offices are a permitted use in the Planning Area; that it will meet all Development requirements; and that the project will be within the maximum height limit of the 50 feet in this Planning Area; . That the proposed "Spanish Eclectic" architecture is referenced in the Paloma del Sol (SP) and that staff is of the opinion that it will be compatible with the residences to the east as well as the character of the nearby neighborhoods; . That the Paloma del Sol (SP) depicts a landscape transition buffer immediately east to the site on a 50 foot wide strip of land that is controlled by the Homeowners Association (HOA); that in order to be consistent, a dense row of a deciduous and ever green trees as well as low-and-median height shrubbery will be planted to buffer the impact that the project would be creating to the residents to the east; . That currently, the land is not vegetated but will need to be in order to be consistent; that it is an off-site buffer intended to mitigate the impacts the project will be creating on the adjacent residences; R:\MinutesPCI040704 14 . That in the 50 foot wide strip of land, in order to be consistent, there would need to be a dense row of deciduous and median-height shrubbery to help buffer the impact that the project would be creating to the residents to the east; . That the distance of the buildings would be 200 feet from the tract; . That the proposed site design does not show the required landscaped transition buffer, as per the SP to the east on Homeowners Association (HOA) property and that the purpose of the buffer would be to provide a visual buffer between the office site and the residences to the east; . That the area requiring a buffer is 50-foot wide and should include a pedestrian path as well; that if the HOA would not consent to providing a buffer, the applicant will have to modify his site plan to show the buffer on his site in order for the Commission to find that the application will be consistent with the Specific Plan (SP); . That the SP does not specify a minimum width of the buffer if not constructed in the HOA area (which is 50 feet wide), but a width of 25 feet should be adequate if the buffer were to be required on the subject site; . That staff received two e-mail correspondences that expressed the need for the landscape buffer; . That staff will be adding a condition under General Reauirements that states the project be subject to the mitigation measures required in the Paloma del Sol Specific Plan, EIR, as a formality to find that the project will be consistent with the EIR provided the mitigation measures are met. Commissioner Olhasso queried why the City did not condition the developer to reserve funds to install a buffer. For Commissioner Olhasso, Mr. Hazen relayed that at the time the tract map was approved, it was not a condition of approval; that the current proposed project will be creating the impact; that up to this point, it has been a vacant site and there has not been need for a buffer; that it is time for the HOA to step forward and add the buffer; and that per the Specific Plan (SP), it is a requirement. For the Commission, Deputy Director of Public Works Parks requested that the following Conditions of Approval be added: 21 b Improve Margarita Road (Arterial Highway Standards - 110' R/W) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, curb and gutter sidewalk, streetlights, drainage facilities, signing and striping, utilities (including not limited to water and sewer), raised landscaped median. R:IMinutesPCI040704 15 . The developer shall reimburse the City for the construction of half width of the raised landscaped median at a rate not to exceed $50.00 per lineal foot; , . Access along Margarita Road shall be restricted to right-in/right-out only; . The bike lane striping shall be modified to allow a right-turn access into the site; 21c The Developer shall reimburse the City for its fair share of the cost of the existing median built by Zonos along Margarita Road; that the Developer will only be responsible for the frontage along their property; that the frontage belonging to Paloma del Sol Homeowner's Association will not be included. For Commissioner Mathewson, Mr. Hogan noted that the plot is undeveloped and that there is service drive for Metropolitan Water District. Assistant City attorney Curley noted that there was never an obligation imposed either on the original developer when they were the declarant or when it was transitioned into the HOAs ownership; that from a development standpoint, staff has been unable to identify an obligation that the intent of the Specific Plan was clearly to ensure mitigation; that it could be the Commissions purview to state that because it is HOA land - if the HOA decides to buffer their residents, okay and if not, then okay and not impose the buffer obligation; and leave that decision up to the HOA. . Commissioner Olhasso expressed concern leaving the HOA to its own devices and suggested that the developer purchase the property. For Commissioner Olhasso, Assistant City Attorney Curley relayed that the developer could purchase the HOA property. For the Commission, Mr. Hazen relayed that he would be of the opinion that the applicant and the HOA should be working together to custom design a landscaped buffer that would best suit the project. Commissioner Olhasso relayed that she would be skeptical of the HOA providing a visual buffer between the office site and the residences to the east and would be of the opinion that the HOA would not have an incentive to comply. At this time, the Public Hearing was opened. Mr. Matthew Fagan, 42011 Avenida Vista Ladera, representing the applicant, noted the following: . That staff has worked very hard to get to this point and the applicant is appreciative; R:IMinutesPCI040704 16 . That the applicant would be amenable to working with the City and the HOA to resolve the buffer concern; that the intent has shown under the ownership of the property that it is an HOA ownership; . That the MWD easement on that property could create some complication; and that uses are limited; . That the applicant does understand the importance of buffering and screening from the residents and would be willing to contribute resources in terms of time, trees, and shrubbery. For the Commission, Deputy Director of Public Works Parks relayed that the portion of the raised median that is not built would be payment in lieu fees at $50 a linear foot and for the portion that was built would be reimbursed for its fair share. For Commissioner Mathewson, Mr. Fagan noted that the closest distance from the parking lot to the nearest property line would be 80 feet to a side property line. Mr. Vince Dedonado, 41635 Enterprise Circle North, landscape architect, relayed the following: . That the Pepper trees proposed will give a consistent buffer between the residents and the proposed project; . That the proposed shrubs will grow 5 to 6 feet tall which will give a solid hedge appearance; . That the homeowners currently have some landscaping to their walls and fences; . That MWD will not allow any trees within 25 feet of its pipes; . That decomposed granite could be placed on the MWD easement to soften the appearance; . That five (5) gallon Escalonia will be planted as well. Mr. Rick Raciot, 31320 Corte Rimolda, Paloma del Sol resident, relayed the following: . That the proposed area has been aesthetically unpleasing for a long time; . That the speed limit is currently marked at 50 mph and should be reduced to 30 mph; . That the driveway entrance on Pauba Road will be a serious problem, due to accidents; . That the current traffic between the school hours and business hours will be a problem; . That there are concerns with parking lot standards; . That the Pepper trees being proposed should be pine or fir to ensure consistency with the median and the box size should be a minimum 36" box; R:\MinutesPC\040704 17 . That the quality of the architect, the landscape layout, the breaking up of the massing of the architecture, and breaking up of the parking lot is very pleasing; . That the level of detail that is being proposed must be consistent to the end of construction; . Parking lot lights should go to bollards along the edge, increase the size of the box trees along the buffer zone, and force the homeowners association to comply. . That HOA meeting minutes indicate the association would landscape and maintain that area once the proposed project was approved; . That staff not allow decomposed granite to be installed; . That the two ends of access should be closed off and that a concrete meandering path and a mowable lawn be installed. Mr. AI Ogle, 43053 Margarita Road, presenting Plaza del Sol Center, relayed the following: . That the Plaza del Sol Center would be in favor 6f the proposed project; . That there is a need for office space in the area and that it will be a good asset to the community. The following individuals spoke in opposition to the proposed project for the following reasons: Mr. Paul Schantz Ms. Michelle Baldwin. 31355 Cala Carasco 31280 Cala Carraso . That it would be ludicrous to make a decision tonight without the involvement of the HOA; . That traffic is a major concern for residents in the area; . That ingress and egress into the proposed site would be a concern. Mr. Fagan requested that the Commission reconsider Condition of Approval No. 11 to make it more equitable for the applicant and that adding Condition No. 21 would be acceptable. Commissioner Olhasso relayed that she would be of the opinion that staff should be involved in all negotiations between developer and the HOA and that Mr. Raciot find the minutes that he previously discussed; that the proposed project is great; that staff has done a great job working with the developer; that the architecture is desirable; and that Code Enforcement contact EMD requesting that the area be mowed. Commissioner Guerriero relayed the following: . That the architecture is esthetically pleasing; . That the buffer situation should be handled between the developer and the HOA; R:\MinutesPC\040704 18 . That the landscape requirements meet City standards. Commissioner Mathewson expressed his support of the proposed architecture; that bollards would solve the lighting standard problem; and that 36" boxes will be sufficient. For Mr. Hazen, the Commission suggested monumentation for sign age. MOTION: Commissioner Guerriero moved to extend this meeting to 10:30 pm. Commissioner Mathewson seconded the motion and voice vote reflected approval with the exception of Commissioner Chiniaeff who was absent. Director of Planning Ubnoske relayed that if she were to have any concerns with any of the proposed signage, she would refer it to the Planning Commission. Chairman Telesio commended the developer on the project and encouraged the residents of Paloma del Sol to find the minutes that state that they would be responsible for the buffer.' Assistant City !\ttorney Curley recommended that the Commission approve the site plan as presented in regards to the development of the site and reconfigure Condition of Approval No. 11 to require that the applicant and the HOA meet and confer in good faith to find a solution; that the City not be involved in the initial discussion; and that the City could bring in Code Enforcement to compel them to make it palatable. Deputy Director of Public Works Parks noted that the School District is currently working on a project to widen Pauba Road within its frontage; that a parking lot will be installed that at that point, the access issue will be improved; and that Linfield School was conditioned to completely widen their frontage as well. At this time, the Public Hearing was closed. MOTION: Commissioner Guerriero moved to adopt Resolution No. 2004-017 as presented with the 10 foot buffer along the easement, modifying Condition of Approval No. 11, adding Condition of Approval No. 21 for their involvement with the median on Margarita Road. Commissioner Olhasso seconded the motion and voice vote reflected approval with the exception of Commissioner Chiniaeff who was absent. PC RESOLUTION NO. 2004-017 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0677, A DEVELOPMENT PLAN TO CONSTRUCT, ESTABLISH AND OPERATE TWO, TWO-STORY PROFESSIONAL OFFICE BUILDINGS TOTALING 37,520 SQUARE FEET ON 3.2 ACRES. THE SITE IS GENERALLY LOCATED ON THE SOUTHEAST CORNER OF PAUBA ROAD AND MARGARITA ROAD, ALSO KNOWN AS ASSESSORS PARCEL NO. 955-150-027 R:IMinulesPCI040704 19 . . COMMISSIONER'S REPORTS Chairman Telesio relayed that the Commissioners will be receiving name badges and requested wallet sized cards with telephone numbers of the Commissioners and Council Members. PLANNING DIRECTOR'S REPORT Director of Planning Ubnoske confirmed that there will be two new confirmed employees starting soon and that policies for the Chaparral has been reviewed by the General Plan Advisory Committee and will be coming to the Planning Commission in the near future. ADJOURNMENT At 10:11 p.m., Chairman Telesio formally adjourned this meeting to the next reaular meetina to be held on Wednesday. April 21. 2004 at 6:00 P.M., in the City Council Chambers, 43200 Busin ss Park Drive, Temecula. 'f)e4h,~' u~y4- Debbie Ubnoske Director of Planning R:\MinutesPC\040704 20