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HomeMy WebLinkAbout040506 PC Minutes MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION APRIL 5, 2006 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:30 p.m., on Wednesday, April 5, 2006, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Commissioner Chiniaeff thanked Matthew Fagan for the prelude music. ALLEGIANCE Commissioner Chiniaeff led the audience in the Flag salute. ,1 ROLL CALL Present: Commissioners: Chiniaeff, Harter, Telesio, 'Carey Absent: Guerriero. 1 Swearina in of Carl Carev to fill the vacant Plannina Commissioner Dosition. City Clerk Jones duly swore in newly appointed Planning Commissioner 'Carl Carey. PUBLIC COMMENTS No public comments. CONSENT CALENDAR 2 Minutes RECOMMENDATION: 2.1 Approve the Minutes of March 15, 2006. MOTION: Commissioner Telesio moved to approve the Consent Calendar. Commissioner Harter seconded the motion and voice vote reflected approval with the exception of Commissioner Chiniaeff and Carey who abstained and Chairman Guerriero who was absent. R:\PLANCOMMIMINUTES\2006\040506.doc COMMISSION BUSINESS PUBLIC HEARING ITEMS New Items 3 Plannina Aoolication No. PA05-0041 a Citywide Develooment Code Amendment that includes a number of minor clarifications and tvooaraohical corrections to imorove its claritv, Associate Planner West provided the Planning Commission with a brief staff report (of record). At this time, the public hearing was opened and due to no speakers, it was closed. MOTION: Commissioner Telesio moved to approve staff recommendation. Commissioner Harter seconded the motion and voice vote reflected approval with the exceotion of Commissioner Guerriero who was absent PC RESOLUTION NO. 06-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF THE TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO REVISE THE PUBLIC HEARING NOTICING REQUIREMENTS, RESTRICT CERTAIN LAND USES WITHIN THE NICOLAS VALLEY RURAL PRESERVATION AREA, REVISE MINIMUM SETBACK REQUIREMENTS IN RESIDENTIAL ZONING DISTRICTS, REMOVE THE TARGET FLOOR AREA RATIO FOR HOTEUMOTEL DEVELOPMENT, UPDATE THE AFFORDABLE HOUSING DENSITY BONUS REQUIREMENTS, ADD NEW SIGN STANDARDS FOR EXISTING DEVELOPMENT PROJECTS, AND TO MAKE OTHER MINOR CLARIFICATIONS AND TYPOGRAPHICAL CORRECTIONS TO THE DEVELOPMENT CODE PLANNING APPLICATION (PA05. 0041)" 4 Plannina Aoolication No. PA06-0052 a CitYWide ordinance to define Medical Mariiuana Disoensaries and orohibit such use in all zones of the Citl/ of Temecula By way of PowerPoint Presentation, Associate Planner West presented a report (of written material). Commissioner Telesio queried why staff would recommend an adoption of a resolution prohibiting dispensaries rather than adopting a zoning moratorium on medical marijuana such as other cities have done. R:\MinutesPC\040506 2 In response to Commissioner Telesio's query, Assistant City Attorney Curley stated that a moratorium would currently be in place; that while being reviewed a conclusion was reached that a better interpretation both at State Law and City Policy, would be that a prohibition on the commercial distribution through a dispensary would be more consistent with the City's Land Use objectives, General Plan objectives, and consistent with State Law; that the City's Development Code does not permit uses which would violate Federal law; that if Federal Law regulations change, the City may examine the prohibitions on medical marijuana dispensaries; and that staff's recommendation would be, at this time, that a prohibition would be the appropriate response. At this time, the public hearing was opened. The following individuals spoke in opposition of staff's recommendation to adopt a resolution that the City Council approve an Amendment to Title 17 of the Temecula Municipal Code. . Mr. Douglas Lamphere, Perris . Ms. Venia La Beaux, Lake Elsinore . Mr. Stephan Ropar, Lake Elsinore . Mr. Martin Victor, Temecula . Mr. Rebecca Brown, Quail Valley The above-mentioned individuals spoke in opposition of staff's recommendations for the following reasons: . That staff has prepared a poor report . That the City Attorney's remark that there would not be language in present law that states that you shall allow certain activities to take place within your City, would not be correct . That Section 11362.775, "';..;"'''' qualified patient's - that persons with valid identification cards, as a designated primary care-giver of qualified patients and persons with identification cards who associate within the State of California to collectively or cooperatively, to cultivate marijuana for that purposes, shall, not solely on that basis of that fact, be subject to State criminal actions . That the City was founded under California Law, not Federal Law . That each Planning Commissioner has taken an oath to uphold the State of California Laws, not Federal Laws; and that the Planning Commission would not be required to be Federal Officers and second-guess the Federal Court System . That patient's would currently be required to travel long distances to receive its medications . That the Planning Commission consider a moratorium for dispensaries as well as collective and cooperative . That marijuana would be prescribed medication R:\MinutesPC\040506 3 . That it would be the duty of the Planning Commission to ensure the safe access to medication for patients . That individuals in need of medical marijuana would be fighting for the health and well being of chronically ill patient's . That it would be the duty of the Planning Commission to uphold the law of the Sate by expeditiously establishing an ordinance to safely permit the safe access to medical marijuana for all patients who qualify. At this time, the public hearing was closed. Understanding the sensitive and critical nature of the comments made by the speakers, Commissioner Telesio stated that the Planning Commission would be subject to abide by Federal Law. Assistant City Attorney Curley stated that it would be important to understand that any City Land Use decision banning medical marijuana dispensaries within the City would not affect an individual's right to cultivate and possess medical marijuana for his or her own medical purposes under the Compassionate Use Act; and that an ordinance would simply state that the City of Temecula would not allow for a commercial or institutional dispensary to occur within the City. Commissioner Harter stated that per Temecula's Development Code, the Planning Commission would not be able to approve anything that would be in conflict with Federal Law. MOTION: Commissioner Harter moved to approve staff recommendation. Commissioner Telesio seconded the motion and voice vote reflected approval with the exception of Chairman Guerriero who was absent. PC RESOLUTION NO. 06-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTIONS OF 17.06.030, 17.08.030 AND 17.34.010 OF THE TEMECULA MUNICIPAL CODE, PROHIBITING THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES WITHIN CITY (PLANNING APPLICATION PA06-0052)" 5 Plannina Aoolication No. PA06-0022 an Extension of Time. submitted bl/ Tanamera Homes. for a reQuest for the first one-vear Extension of Time for a oreviouslv aoproved Home Product Review apolication for 99 detached sinale familv homes. located in Plannina Area 3 of the Rorioauah Soecific Plan south of Murrieta Hot Sorinas Road and west of Butterfield Staae Road Associate Planner Schuma gave a staff report (of written material). At this time, the public hearing was opened. R:\MinutesPC\040506 4 Ms. Megan Kenny, representing Tanamera Homes, relayed its excitement toward the proposed project and noted that the applicant would be in full agreement with staff's Conditions of Approval. At this time, the public hearing was closed. In response to Commissioner Carrey's question, Associate Planner Schuma stated that the applicant filed for an extension of time due to a delay in the issuance of a building permit. MOTION: Commissioner Telesio moved to approve staff recommendation. Commissioner Harter seconded the motion and voice vote reflected approval with the exception of Chairman Guerriero who was absent. PC RESOLUTION NO. 06-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA06-0022, THE FIRST ONE-YEAR EXTENSION OF TIME FOR PLANNING APPLICATION NO. PA03-0551, A PRODUCT REVIEW FOR 99 DETACHED SINGLE-FAMILY RESIDENCES WITHIN PLANNING AREA 3 OF THE RORIPAUGH RANCH SPECIFIC PLAN LOCATED SOUTH OF MURRIETA HOT SPRINGS ROAD 6 Plannina AQolication No. PA05-0040 a Comorehensive Siqn Proaram. submitted bv Anaela Ginda'l of Architecture Desian and Si.an. for the Temecula Creek Plaza shopoina center. located on the south east corner of Jedediah Smith Road and Hiahwa\f 79 South Senior Planner Papp presented a staff report (of record). In response to Commissioner Chiniaeff's query regarding the proposed sign program, Senior Planner Papp noted that the sign program, as proposed, would meet the requirement codes of the City, except for one monument sign that would be less than 300 feet separated by the nearest monument sign; however, that this particular sign location would be off a driveway at the south end of Jedediah Smith, off of highway 79 South, and would be intended for shop tenants in the back of the center that would not have a lot of Visibility from the front. MOTION: Commissioner Telesio moved to approve staff recommendation. Commissioner Carrey seconded the motion and voice vote reflected approval with the exceDtion of Chairman Guerriero who was absent. PC RESOLUTION NO. 06-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05-0040, A COMPREHENSIVE SIGN PROGRAM FOR THE "TEMECULA CREEK PLAZA" SHOPPING CENTER, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF JEDEDIAH SMITH ROAD AND HIGHWAY 79 SOUTH R:\MinutesPC\040506 5 COMMISSIONERS' REPORTS The Planning Commission welcomed Commissioner Carey to the Commission. Commissioner Carey thanked the Commission and noted that he would be looking forward to working as a Planning Commissioner for the City. Commissioner Chiniaeff relayed his appreciation for PowerPoint Presentation and encouraged staff to continue to use them. PLANNING DIRECTOR'S REPORT In response to Commissioner Chiniaeff's comment regarding PowerPoint Presentations, Director of Planning Ubnoske stated that currently staff would be in PowerPoint training, and that it would not be until after July 1, 2006, before staff uses it at every meeting. For Director of Planning Ubnoske, Commissioner Chiniaeff noted that a disc of the agenda packet for review would also be helpful. ADJOURNMENT At 7:30 p.m., Chairman Mathewson formally adjourned to Wednesdav. Aoril19. at 6:00 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula. ~ ~~J! Ron Guerriero Chairman , ~.~~ Debbie Ubnoske Director of Planning R:\MinutesPCI040506 6