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HomeMy WebLinkAbout092006 PC Agenda II In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE September 20, 2006 - 6:00 P.M. ******** Next in Order: Resolution No. 06-58 . CALL TO ORDER Flag Salute: RollCall: Commissioner Carey Carey, Chiniaeff, Guerriero, Harter, and Telesio PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Commission on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary orior to the Commission addressing that item. There is a three (3) minute time limit for individual speakers. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. .There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action. 1 Minutes RECO~MENDA TION: 1.1 Approve the Minutes of September 6, 2006 R:\PLANCOMMlAgendas\2006I09-20-06.doc 1 2 Director's Hearina Case Uodate RECOMMENDATION: 2.1 Approve the Director's Hearing Case Update for August COMMISSION BUSINESS PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. . Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. New Items 3 Plannina Aoolication No. PA06-0258. a orooosed Municioal Code Amendment toamend the . tvoe of activities currentlv allowed for weekend oromotional events at automobile and truck . dealershios and to eliminate. the sunset clause of the Master Temoorarv Use Permit orocess. Dale West. Associate Planner. . COMMISSIONERS' REPORTS PLANNING DIRECTOR'S REPORT ADJOURNMENT Next regular meeting: Wednesday, October 4, 2006, 6:00 p.m., Council Chambers, 43200 Business Park Drive, Temecula. California; R:\PlANCOMMlAgendasl2OO6\09-20-06.doc 2 ITEM #1 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION SEPTEMBER 6, 2006 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:00 p.m., on Wednesday, September 6, 2006, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Chairman Guerriero thanked Ms. Craig for the prelude music. ALLEGIANCE Commissioner Harter led the audience in the Flag salute. ROLL CALL Present: . Commissioners: Carey, Chiniaeff, Harter, Telesio, and Chairman Guerriero. Absent: None. PUBLIC COMMENTS No public comments. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of August 16, 2006. MonON: Commissioner Telesio moved to approve the Consent Calendar. Commissioner Chiniaeff seconded the motion and voice vote reflected unanimous aDDroval. PUBLIC HEARING ITEMS . New Items 2 Plannina Aoolication No. PA04-D543. a Develooment Plan. submitted bv Mark Stock of HB&A Architects. Inc.. for a orooosed one-story 17.378 sauare foot concrete tilt-uo office and warehouse buildina. located on the east side of Del Rio Road. aooroximatelv 150 feet south of Calle Cortez Road R:\MinutesPC\090606 Associate Planner Damko provided a PowerPoint Presentation, highlighting on the following: . Location . Site Plan . Elevations . Environmental Determination. At this time, the public hearing was opened. Mr. Marc Stock, representing HB&A Architects, noted that he would be available for any questions. At this time, the public hearing was closed. MOTION: Commissioner Telesio moved to approve staff recommendation. Commissioner Chiniaeff seconded the motion and voice vote reflected unanimous approval. 3 Plannina Application No. PA05-o389. a Conditional Use Permit with a Development Plan. submitted bv Matthew Faaan Consultina Services. for the construction of two new buildinas to accommodate a sanctuarv and classrooms. and for the use of an existina chapel totalina 15.043 sauare feet at an existina reliaious institution. located within the Rancho Hiahlands Specific Plan at 28871 Santiaao Road PC RESOLUTION NO. 06-55 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITYOFTEMECULA APPROVING PLANNING APPLICATION NO. PA04-o543, A DEVELOPMENT PLAN FOR A PROPOSED SINGLE STORY 17,378 SQUARE FOOT CONCRETE TILT-UP BUILDING For the Commission, Principal Planner Hazen informed that late this morning, the applicant indicated that they would be desirous of changing Conditions of Approval that would allow the. church to extend operations into the evening hours, as well as increasing the occupancy of the . sanctuary from 200 to 300 congregants; advising that staff would not be prepared to give an analysis of the desired changes and would request a two week continuance; and that given that information the applicant would be in favor of moving forward with the desired changes and address the Commission. Per PowerPoint Presentation, Associate Planner Schuma provided a staff report, noting the following: . Project Description . Location . General Plan and Zoning . Analysis . Elevations . Architectural Analysis R:\MinutesPCI090606 2 . Environmental Determination. In response to Commissioner Telesio's questions, Associate Planner Schuma noted that the requested changes would be Condition of Approval No. 16 and 19, noting that these changes would intensify the sqope of the project by increasing occupancy and hours of operation into the evening; that the Conditions of Approval would extend worship services on Sundays into 7:00 p.m. and increase the amount of congregants at those services by 100; and that the applicant would also request to add a Wednesday night service that would go until 9:00 p.m. with a maximum capacity at 300 congregants. In response to Commissioner Chiniaeff's queries, Associate Planner Schuma offered the following: . That the sanctuary would hold 300 congregants . That the applicant would meet the parking requirement of 200 or 300 . That an analysis has been established that would state that the parking requirements would be for the most restricted use which would be the sanctuary and worship service, rather than for the school which would operate at different hours. Helping to clarify, Principal Planner Hazen stated that although what the applicant would be requesting would not be unusual, the noise study that was prepared did not anticipate the latest requested occupant load; that in addition, staff would be concerned with the southerly parking lot (adjacent residences) becoming a nuisance; and that staff would request that the applit;:ant provide a noise assessment study to supplement the study that was previously provided. At this time, Ms. Schuma provided an aerial photo via overheads, and advised that there would be a large blank play area to the easterly portion of the sanctuary informing that trees and fence that currently exist in the back of the sanctuary adjacent to residents. Commissioner Chiniaeff noted that it would be his opinion that the applicant's request would not create any additional impacts. In response to Commissioner Chiniaeff's question, Ms. Schuma noted that the current church uses would not occur at the same time. At this time, the public hearing was opened. Mr. Matthew Fagan, representing the applicant, spoke in favor of the proposed project, and noted the following: . That a noise study was provided . That the back wall behind the church adjacent to residents would contribute to mitigating noise issues . That the proposed upgrades to the church would include landscaping . That phase II of the project would include classroom facilities. R:\MinutesPCI090606 3 Mr. Domenick Ouhpintu, representing Temecula Community Church, offered the following comments: . That the applicant would not be seeking to expand any hours that the church is not currently involved in . That the Wednesday service would be from 7:00 p.m. to 9:00 p.m. which would include youth activities that have been ongoing for a number of years . That the secondary phase of the facility would take place before 2011 . That the proposal would be general church operations requests . That parking would be more than sufficient . That the church has never had a problem with its surrounding neighbors. Commissioner Telesio queried why staff would have concerns with additional impacts since the parking requirements and capacity in the sanctuary have already been met. Mr. Walt Allen, architect, spoke in favor of the proposed project advising that the building would currently accommodate more than 275 congregants. For the Commission, Principal Planner Hazen noted that per the Fire Department, 299 congregants would be the maximum occupant load for the sanctuary. Mr. Monty McClain, Temecula, spoke in favor of the proposed, noting that TemeculaCommunity Church and Christian Schools have been a tremendous asset to the community and urged the Planning Commission to grant the Conditional Use Permit (CUP). Ms. Loretta Barnet, Temecula, spoke in favor of the proposed church advising that the Old Pujol School House would be one of the few buildings that was built before 1900 and the only building of that era that would be open to the public; and that the new sanctuary will be modeled after the Old School House and will be an asset to historic Temecula replacing the old temporary building with the new proposed church which will enhance the image of historic Temecula. Ms. Julie Conde, Temecula, stated that Temecula Community Church, will enhance the area improving the values of surrounding establishments and homes; and encouraged that the Planning Commission support the property improvements to Temecula Community Church and preserve the heritage that it would represent. Mr. Larry 8oggeln, Temecula, noted his support for the church but expressed the following concerns: . Mitigation for time off of property in the southern part of the church . Installation of Pine Trees along southern wall adjacent to residents . Possibility of raising the back wall from 5-feet to 8-feet . That lighting be dimmed in the rear of the church . That supervision of children be implemented after hours in the rear of church (basketball courts.) Mr. Ouhpintu; noted that he would be willing to meet with the applicant to explore possible solutions to his concerns. R:\MinutesPC\090606 4. In response to Commissioner Chiniaeff, Mr. Ouhpintu noted the following: . That he would be willing to add trees along the wall adjacent to Mr. Boggeln's property . That the church would be under mandate to supervise children at play . That the applicant would be willing to consider moving the basketball court to another area; and that he would restrict the time of basketball play at night. At this time, the public hearing was closed. Commissioner Carey noted that his only concem would be lighting in the rear of the church. Commissioner Chiniaeff suggested that lighting in the rear of the church face downward versus flat wall packs that shine light in every direction. After Commission discussion, the following Conditions of Approval were imposed on the applicant: . That a landscape plan be implemented on the property line; and that 15" to 24" boxed Pine Trees or some type of evergreen be planted along the brick wall south of the church adjacent to surrounding residents to help mitigate noise and lighting . That hours of operation for the lights to the rear of the church not exceed 9:00 p.m. . That basketball usage not exceed 8:00 p.m. . That lighting in the rear of the church consist of downward facing lighting, not wall packs . That supervision be enforced in the basketball court area . That a lighting plan be submitted for review and approval by staff . That Condition of Approval No. 15 be amended to reflect the revised statement of operations . That Condition of Approval No. 161:>e amended to change the hours of operation . That Condition of Approval No. 19 to amended the permitted capacity. The Planning Commission gave its concurrence with the above mentioned Conditions of Approval. Director of Planning relayed her support for the above mentioned Conditions of Approval and would not see a need for a continuance. For the Planning Commission, Assistant City Attorney Curley noted that the above mentioned Conditions of Approval would be sufficient. Director of Public Works Hughes noted that he would not have any comments or concerns. The applicant concurred with the above mentioned Conditions of Approval. . R:\MinutesPC\090606 5 MOTION: Commissioner Chiniaeff moved to approve staff recommendation subject to the following Conditions of Approval: that a landscape plan be implemented on the property line; and that 15" to 24" boxed Pine Trees or some type of evergreen be planted along the brick wall south of the church adjacent to surrounding residents to mitigate noise and lighting; that hours of operation for the lights to the rear of the church not exceed 9:00 p.m.; that basketball usage not exceed 8:00 p.m.; that lighting in the rear of the church consist of downward facing lighting, not wall packs; that supervision be enforced in the basketball court area; that a lighting plan be submitted for review and approved by staff; that Condition of Approval No. 15 be amended to reflect the revised statement of operations; and that Condition of Approval No. 16 be amended to change the hours of operation. Commissioner Harter seconded the motion and voice vote reflected unanimous approval. PC RESOLUTION NO. 06-56 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05-0389, A CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN TO CONSTRUCT AND OPERATE A CHURCH SANCTUARY AND SCHOOL FACILITY AND AN EXISTING LOCAL HISTORIC CHAPEL TOTALING 15,043 SQUARE FEET At this time, the Planning Commission took a 5-minute recess. 4 Plannino Application No. PA06-0197. a proposed Development Aoreement Amendment. submitted bv Kenneth Lee of Forest City Commercial Development. to extend the term of the Temecula Reoional Center Development Aareement an additional three vears to provide for the future development of the remainino SQuare footaae allowed under the final phase of the Temecula Reoional Center Specific Plan. located in the Temecula Reoional Center Specific Plan bound bv Winchester Road. Maroarita Road. Overland Road and Ynez Road Associate Planner Kitzerow provided a staff report (of record), noting that the proposed Development Agreement Amendment would be to extend the term of the Temecula Regional Center Development Agreement an additional three years to provide for the future development of the remaining square footage allowed under the final phase of the Temecula Regional Center Specific Plan (SP). At this time, the public hearing was opened. Mr. Kenneth Lee, applicant, noted that he would be available for any questions. At this time, the public hearing was closed. MOTION: Commissioner Chiniaeff moved to approve staff recommendation. Commissioner Telesio seconded the motion and voice vote reflected unanimous approval. R:\MinutesPCI090606 6 PC RESOLUTION NO. 06-57 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 APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEMECULA TOWN CENTER ASSOCIATES, L.P." FOR THE PROPERTY ROAD BOUND BY WINCHESTER ROAD TO THE NORTH, MARGARITA ROAD TO THE EAST, OVERLAND ROAD TO THE SOUTH AND YNEZ ROAD TO THE WEST (PLANNING APPLICATION NO. PA06-(197) COMMISSIONERS' REPORTS Commissioner Telesio expressed concern with the color scheme of Marie Calendar and Pat and Oscar's Restaurant on the corner of Ynez and Rancho California Road. Commissioner Telesio and Commissioner Harter volunteered to participate on a subcommittee and work with a representative of Marie Calendar's to resolve its color scheme. Chairman Guerriero expressed concern with the fountain on Meadows Parkway and Rancho California Road. . PLANNING DIRECTOR'S REPORT Director of Planning Ubnoske relayed the importance of applicant's keeping staff apprised of changes in a timely manner. ADJOURNMENT At 7:25 p.m., Chairman Guerriero formally adjoumedto Seotember 20. at 6:00 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula. Ron Guerriero Chairman Debbie Ubnoske Director of Planning R:\MinutesPC\090606 7 . . ... - . , ITEM #2 CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: Planning Commission FROM: Debbie Ubnoske, Director of Planning DATE: September 20; 2006 SUBJECT: Director's Hearing Case Update Planning Director's Agenda items for August 2006. August17,2006 PA06-0183 A Minor Conditional Use Permit to Lynne Crother APPROVED allow for Autoland Consultants to Autoland provide auto brokerage and car loan information to credit union members. at an existing USA Federal Credit Union facility, located at 41273 Mar arita Road PA06-0185 A Tentative Parcel Map to Charlene Kussner CONTINUED subdivide 5.29 acres into four legal Gallery Homes TO 8/24/06 parcels with a minimum lot size of 1 acre and 1.75 acres, located on the north side of Santiago Road, west of Mar arita Road PA06-Q103 A Tentative Parcel Map to Joe Van Haaster APPROVED subdivide a 5.8 acre residential parcel into two parcels with. a minimum Jot size of 2.69 acres, located at 39885 Jeffrey Heights Road PA06-0185 A Tentative Parcel Map to Charlene Kussner CONTINUED subdivide 5.29 acres into four legal Gallery Homes TO 8/31/06 parcels with a minimum lot size of 1 acre and 1.75 acres, located on the north side of Santiago Road, west of Mar arita Road PA06-0185 A Tentative Parcel Map to Charlene Kussner APPROVED subdivide 5.29 acres into four legal Gallery Homes parcels with a minimum lot size of 1 acre and 1.75 acres, located on .the north side of Santiago Road, west of Mar arita Road August17,2006 August 17, 2006 August 24, 2006 August 31 , 2006 Attachment: 1. Action Agendas - Blue Page 2 -'~-.'.- .... R:\DIlUIEARIMEM0\2OO6109-ZO-Z006.doc ATTACHMENT NO.1 ACTION AGENDAS Z ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING August 17, 20061 :30 p.m. TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Don Hazen, Principal Planner PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Principal Planner on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. . If you desire to speak to the Principal Planner about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Principal Planner. When you are called to speak, please come forward and state your name and address. Item No.1 Project Information Project Number: Project Type: Project Title: Applicant: Project:Description: Location: Environmental Action: Project Planner: ACTION: Item No.2 Project Information Project Number: Project Type: Project Title: Applicant: . Project Description: Location: Environmental Action: Project Planner: ACTION: 1 :30 p.m. . PA06-0183 Minor Conditional Use Permit Autoland Minor CUP Lynne Crother A Minor Conditional Use Permit to allow for Autoland Consultants to provide auto brokerage and 'car loan information to credit .union members at an existing USA Federal Credit Union facility 41273 Margarita Road Categorically exempt per CEQA Section 15301, Class 1, Existing Facilities Katie Le Comte APPROVED PA06-0185 Tentative Parcel Map Gallery Reserve TPM Charlene Kussner AT entative Parcel Map to subdivide 5.29 acres into four legal parcels with a minimum lot size of 1 acre and 1.75 acres North side of Santiago, west of Margarita Road Categorically exempt per CEQA Section 15315, Class 15, Minor Land Divisions Christine Damko CONTINUED TO AUGUST 24, 2006 P:lPIanningIDirectors-Hearing\2006\08-17-06 Action Agenda.doc Item No.3 Project Information Project Number: Project Type: Project Title: Applicant: Project Description: Location: Environmental Action: PA06-0103 Tentative Parcel Map Derobert Lot Split Joe Van Haaster A Tentative Parcel Map to subdivide a 5.8 acre residential parcel into two parcels with a minimum lot size of 2.69 acres 39885 Jeffrey Heights Road Categorically exempt per CEQA Section 15315. Class 15. Minor Land Divisions Stuart Fisk APPROVED Project Planner: ACTION: P:IPIanningIDirec-Hearing\2006\08oI7-06 Action Agendadoc 2 >-.- ----,-.~ -'-- ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING August 24, 2006 1 :30 p.m. TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Don Hazen, Principal Planner PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Principal Planner on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Principal Planner about an item not listed on the Agenda, a white "Request to Speak" fonn should be filled out and filed with the Principal Planner. When you are called to speak, please come forward and state vour name and address. Continued from August 17, 2006 Item No.1 Project Information Project Number: . Project Type: Project Title: Applicant: Project Description: Location: Environmental Action: Project Planner: ACTION: 1 :30 p.m. PA06-0185 Tentative Parcel Map Gallery Reserve TPM Charlene Kussner AT entative Parcel Map to subdivide 5.29 acres into four legal parcels with a minimum lot size of 1 acre and 1.75 acres North side of Santiago Road, west of Margarita Road Categorically exempt per CEQA Section 15315, Class 15, Minor Land Divisions Christine Damko CONTINUED TO AUGUST 31, 2006 P:lPIaiminglDirectors-HearingI2006\08-24-06 Action Agenda.doc "".'~__M"_"_ ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING August 31, 2006 1 :30 p.m. TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Steve Brown, Principal Planner PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Principal Planner on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Principal Planner about an item not listed on the Agenda, a white URequest to Speak" form should be filled out and filed with the Principal Planner. When you are called to speak, please come forward and state vour name and address. Continued from August 24, 2006 Item No.1 1 :30 p.m. Project Information Project Number: Project Type: Project Title: Applicant: Project Description: Location: Environmental Action: PA06-0185 Tentative Parcel Map Gallery Reserve TPM Charlene Kussner AT entative Parcel Map to subdivide 5.29 acres into four legal parcels with a minimum lot size of 1 acre and 1. 75 acres North side of Santiago, west of Margarita Road Categorically exempt per CEQA Section 15315, Class 15, Minor Land Divisions Christine Damko APPROVED Project Planner: ACTION: P:\PIanningIDirectors-Hearing\2OO6\08- 31-06 Action Agenda.doc ,_..... ___, - _. I ITEM #3 TO: FROM: DATE: SUBJECT: BACKGROUND CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM Planning Commission Dale West, Associate Planner September 20, 2006 Development Code Amendment to Minor Weekend Promotional Events for Automobile and Truck Dealerships (PAO,6-G258) On May 24, 2005 the City Council approved an amendment to the Development Code (Ordinance No. 05-06) that established Section 17.04.020.6.4, a Master Temporary Use Permit, which allows automobile and truck dealerships to conduct Weekend Promotional Events. It also increased the number of allowable Temporary Use Permits for automobile and truck dealerships from two per year to four per year. A copy of the May 25, 2006 City Council staff report is attached for reference. . Additionally, as part of Ordinance No. 05-06, a sunset provision will cause it to expire on November 14, 2006 unless the City Council takes action to continue or extend the Master Temporary Use Permit provision of this Ordinance. Since the adoption of Ordinance No. 05-06 and in anticipation of its expiration, the Auto Dealers Association is proposing that additional elements be added to Weekend Promotional Events. Additionally, they are requesting that the sunset provision be eliminated. The proposed changes relate to the number or size of elements that are allowed during promotional events. As with toe current process, an application for a Master Temporary Use Permit must be filed with the City Planning Department, which includes a site plan that identifies the location of all activities associated with these events. Once the application is filed, staff may approve the Permit with "Conditions of Approvar to ensure that elements of the event are in accordance with the intent of the Municipal Code and to protect the health, safety and general welfare of the public. . Proposed changes to Weekend Promotional Events include the following: Canopies: Increase the maximum number of canopies from two to six canopies per dealership site, based on the lot size. The total number of canopies may be less than six per dealership. This will be determined by staff based on the amount of available parking, proximity to property lines or right-of-way, and points of ingress and egress of each site. All Fire Code restrictions must be adhered to for the use of canopies on site. R:\OrdinanceslAuto Mall Slgnage & PromotlonslAugusl2006\Pc\1 Stefl Report 2.doc 1 Increase the maximum number banners from two banners per dealership site to two banners per street frontage and increase the maximum allowable size from 32 square feet to 60 square feet per banner. Jolly Jumps: Increase the maximum number of Jolly Jumps or other similar child entertainment from one to three per dealership site. Banners: As with canopies, the location of these activities will be determined by staff based on the amount of available parking, proximity to property lines or right-of-way, and points of ingress and egress of each site. Wind Flags: Add Wind Flags to the list of allowable items/activities. The maximum number of wind flags shall be four per street frontage and the maximum size of each wind flag shall not exceed 37.5 square feet with the maximum height not to exceed 15 feet (Wind flags are typically made of colored cloth or nylon material attached to a long PVC pole that is placed in the ground). . All other provisions of the Minor Weekend Promotion Event shall remain as approved by the City Council. ENVIRONMENTAL DETERMINATION Staff reviewed these proposed changes to the Development Code in context to their environmental impacts and determined that there is no potential for an adverse effect on the environment or surrounding area. The proposed amendments do not allow additional development to occur nor allow for changes to the physical environment. As a result, staff is proposing an exemption from CEQA pursuant to Section 15061 (b) (3), a general rule of CEQA that allows a jurisdiction to determine that a project is exempt from CEQA, if that jurisdiction can determine with certainty that there is no possibility that the activity in question may have a significant effect on the environment. RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution recommending 'that the City Council approve an Amendment to Title 17 of the Temecula Municipal Code. ATTACHMENTS 1. PC Resolution No. 06- _ ~ Blue Page 5 Exhibit A - Proposed CC Ordinance 06-_ 2. May 25, 2005 CitY Council Staff Report (Staff Report only) R:\Ordlnances\Auto Mall S1gnage & PromotionslAugusl2006\PC\1 Staff Reporl2.doc 2 ATTACHMENT NO.1 DRAFT PC RESOLUTION NO. 06-_ R:\OrdlnanceslAuto Mall Signage & PromolionslAugusl2006IPCI 1 Staff Report 2.doc 3 PC RESOLUTION NO. 06- 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 CHAPTER 17.04 OF THE TEMECULA MUNICIPAL CODE TO ALLOW MINOR WEEKEND PROMOTIONAL EVENTS FOR AUTOMOBILE AND TRUCK DEALERSHIPS" (PLANNING APPLICATION NO. PA06-0258) Section 1. On January 25, 1995, the City Council of the City of Temecula adopted the City's Development Code. Section 2. . On April 12, 2005, the City Council of the City of Temecula adopted a comprehensive update to the City General Plan and Certified .the Final Environmental Impact Report. . Section 3. The City has identified a need to amend the adopted Development Code. Section 4. The Planning Commission considered the proposed amendment on September 20, 2006, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter. Section 5. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission hereby recommends that the City Council adopt an ordinance amending portions of Title 17 of the T emecula Municipal Code substantially in the form attached to this resolution as Exhibit A. Section 6. All legal preconditions to the adoption of. this Resolution have occurred. Section 7. That the above recitations are true and correct and are hereby incorporated by reference. Section 8. Environmental Comoliance. The proposed ordinance does not allow additional development to occur or allow for changes to the physical environment. As a result, the Planning Commission recommends that the City Council make a determination that the above described ordinance has no potential for an adverse effect on the environment pursuant to Section 15061 (b)(3) of the California Environmental Quality Act, a general rule of CEQA that allows a jurisdiction to determine that a project is exempt from CEQA, if that jurisdiction can determine with certainty that there is no possibility that the activity in question may have a significant effect on the environment. R:lOrdinanceslAuto Mall Siguage & PromotiouslAUgusl2OO6\PC\PC RESOLlfTION.duc 1 Section 9. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of September 2006. ATTEST: Debbie Ubnoske. Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) . Ron Guerriero, Chairman I. Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 06- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of September 2006, by the following vote: AYES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: ABSTAIN: R:lOnIinanceslAuto Mall Signage & _unslAUgusl2OO6\PC\PC RESOLUTION.duc 2 Debbie Ubnoske. Secretary . EXHIBIT A PROPOSED CC ORDINANCE NO. 06-_ R:\OrdinanceslAuto Mall Signage & PromotiooslAUgusl2OO6lPClPC RESOWTION.doc 3 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17.04 OF THE TEMECULA MUNICIPAL CODE TO ALLOW MINOR WEEKEND PROMOTIONAL EVENTS FOR AUTOMOBILE AND TRUCK DEALERSHIPS. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby amends Subsection 17. 04.020.B.4 by deleting the statement at the end of the paragraph in brackets that reads, "(Note: The provisions for Master Temporary Use Permits expire on November 14, 2006 unless extended by the City Council.)." Section 2. The City Council of the City of Temecula hereby amends Subsection 17. 04.020.BA.b.i as follows: "i. The maximum number of canopies per site is six (6) depending on the lot size." Section 3. The City Council of the City of Temecula hereby amends . Subsection 17. 04.020.BA.c as follows: "c. Banners. i. The maximum number shall be two (2) banners per street frontage. ii. The maximum areas for each banner shall not exceed sixty (60) square feet. iii. The vertical dimension shall not exceed six (6) feet and shall not be located more than eight (8) feet above the ground, unless the banner is attached to the building. iv. Banners shall be mounted to a frame. The frame shall be constructed of attractive permanent materials and shall be constructed so that no additional supports or bracing is required." Section 4. The City Council of the City of Temecula hereby amends Subsection 17. 04.020.B.4.d by replacing the reference to "one (1)" with "three (3)." Section 5. Severabilitv. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 6. Environmental Compliance. The City Council hereby finds that this amendment to the Temecula Municipal Code represents a series of minor changes mostly regulating the implementation of the zoning procedures and requirements. The proposed amendments do not allow additional development to occur or allow for changes to the physical environment. As a result, the adoption of this ordinance is exempt from further environmental review pursuant to Section 15061 (b)(3) of the California Environmental Quality Act, a general rule of CEQA that allows a jurisdiction to determine that a project is exempt from CEQA, if that jurisdiction can determine with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Section 7. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. was duly introduced and placed upon its first reading at ameeting of the City Council of the City of Temecula on the day of , , and that thereafter, said Ordinance was duly adopted by the City Council of the City of . Temecula at a meeting thereof held on the day of ,by the following vote: NOES: COUNCIL MEMBERS: COUNCIL MEMBERS: AYES: ABSENT: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: Susan W. Jones, MMC , City Clerk ATTACHMENT NO.2 MAY 25, 2005 CITY COUNCIL STAFF REPORT (ONL V) R:\OrdinanceslAuto Mall Signaga & PromotionslAugust 2OO6IPC\1 Staff Report 2.doc 4 ~ .._.n'_ ~____ APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: May 24, 2005 SUBJECT: Automobile and Truck Dealership Promotional Events (PA05-0047) PREPARED BY: Dale West, Associate Planner RECOMMENDATION: That the City Council: 1. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 05-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTERS 17.04 AND 17.28 OF THE TEMECULA MUNICIPAL CODE TO ALLOW MINOR WEEKEND PROMOTIONAL EVENTS, TO CHANGE THE MINOR TEMPORARY USE PERMIT REQUIREMENTS WITHIN THE AUTO MALL AREA, AND TO ALLOW LARGER FREESTANDING TENANT IDENTIFICATION SIGNS FOR AUTOMOBILE AND. TRUCK DEALERS.HIPS (PLANNING APPLICATION NO. PA05-0047). BACKGROUND: Representatives from t~e Temecula Valley Auto Dealers Association contacted staff in September 2004 and expressed their concerns with the limited number of promotional activities they are allowed per year, which they feel puts them at a competitive disadvantage with dealerships in other areas. As a result, staff worked with the Auto Dealers Association to develop a proposal that ensures the long-term viability of the auto dealers within the City without resulting in visual blight to the surrounding land uses and the community. . The proposal being suggested by the Auto Dealers Association is that the City amend the Development Code to allow auto dealerships to hold regular minor weekend promotional events, increase the allowable number of minor temporary use permits for major promotions fr{)m 2 events per year to 4 events per year, and allow an increase in the overall size of freestanding tenant identification signs. . . R:\OrdlnanceslAulo Mall Signage & Promotions\June 2005\CC Staff Report.doc 1 Minor Weekend Promotional Event The key point of the proposal is to amend the Development Code to allow automobile dealerships to conduct minor weekend promotional events as often as they would like. A Minor Weekend Promotional Event would be permitted only with a Master Temporary Use Permit (MTUP). The MTUP would identify the proposed locations for the event components at each dealership site. For the purposes of this proposal, the duration of Minor Weekend Promotional Events would begin at 12:00 p.m. on Friday and end at 10:00 a.m. on the following Monday. If Monday is a state holiday, then the event must end by 10:00 a.m. the following day. All other onsite promotional activities not specifically identified below would require a dealership to obtain a separate Temporary Use Permit. A Minor Weekend Promotional Event would allow any or all of the following: . Canopies . Banners . Jolly Jumps . Food and Beverages . Helium Balloons A maximum of two (2) per dealership site. The maximum square footage of any canopy shall not exceed 399 square feet. A maximum of two (2) per dealership site. The size and placement of banners does not change. The maximum allowable size for a banner is 32 square feet with a maximum height of 3 feet. The placement of banners is also limited to a maximum height of 6 feet from the ground. A maximum of one (1) per dealership site. Would be allowed, but required to comply with Riverside County Department of Environmental Heaith regulations. . Would be allowed every weekend for no more than four (4) consecutive days. The size and placement of balloons does not change. No balloon shall be larger than a maximum of three (3) feet in diameter and. no higherthan ten (10) feet from the ground. . . The proposal would also amend the Development Code to establish a Master Temporary Use Permit (MTUP) that would allow the auto dealers to hold Minor Weekend Promotional Events. Each dealership will be required to obtain a MTUP with an approved site plan identifying locations for specific onsite activities identified for Minor Weekend Promotional Events. Promotional Activity Area In order to prevent the proliferation of promotional events held throughout the City, staff proposes. to establish a promotional activity area to restrict the location of these activities. The area, called "Area B", is proposed for these activities and encompasses the auto mall area and the site currently used by the Kia Dealership on Jefferson Avenue. Only automobile dealerships in Area B would be allowed to obtain a MTUP. A figure showing Area B is contained in Attachment No.3. R:\OrdinanceslAuto Mall Signage & Promolions\June 2005\CC Staff Report.doc 2 Minor Temoorary Use Permits for Maior Promotions The proposal would also increase the number of allowable minor temporary use permits (TUP) from 2 per calendar year to 4 per calendar year. This increase in the allowable number of minor TUP's would only be available to automobile dealerships within Area B. Sunset Provision To provide an opportunity to evaluate the results of the proposed Ordinance, The Commission is recommending that the provisions for minor weekend promotional events and .the number of minor Temporary Use Permits expire 18 months following the effective date of the Ordinance. This period will allow the City sufficient time for staff to work with each dealership to develop their MTUP, obtain City approval, implement their MTUP for about one year, then allow City staff to. evaluate the effectiveness of the program. Following the 18-month trial period, should the _City Council determine that the results of this amendment are favorable, the Ordinance can be renewed either for a longer period or permanently. Freestandina Tenant Identification Sians The proposal would also amend the Development. Code to allow for larger freestanding tenant identification signs at the automobile dealerships. The standards would be amended as follows: . Square feet Increase the maximum allowable square feet from 25 square feet to 72 square feet. . Height . Width Increase the maximum allowable height from 6 feet to 8 feet. Increase the maximum allowable width from 6 feet to 12 feet. This standard is similar to many of the existing signs at the dealerships that were approved prior to the City adopting its Sign Ordinance. Staff feels that it would be appropriate to allow dealerships to increase the size and to allow multiple brand names on their freestanding tenant identification signs. This is because dealerships are unique with respect to the size of the site they occupy, the distance the buildings are setback from the street, and the role that their business name and brand recognition has with selling their product. Staff presented the dealers proposal to the Planning Commission at a public hearing on April 20, 2005. Following the public hearing, the Commission expressed their concerns regarding the dealership's willingness to comply with the proposed activities, which could result in the proliferation of promotional activities along Ynez Road. The Auto Dealers Association representative, Isaac Lizarraga, indicated that the dealerships are willing to self regulate the promotional activities and understand the consequences of not complying with the program as. outlined. The Planning Commission also confirmed with staff, that the sunset clause relates to the promotional activities and not the proposed change in the standards for freestanding tenant identification signs. The Planning Commission recommended that the City Council approve the Ordinance with one minor addition, an increase in the allowable number of banners during weekend promotional events. from 1 to 2 banners per dealership site. A copy of the Planning Commission's Resolution is contained in Attachment No.2. R:lOrdinanceslAuto MaD Signage & Promotions\June 2005\CC Staff Report.doc 3 Environmental Determination The Planning Commission reviewed the Initial Environmental Study that had been prepared and determined that this proposed ordinance would have no potential to impact the environment. As.a result, the Planning Commission is recommending that the City Council find that the proposed Ordinance is exempt from review under the California Environmental Quality Act pursuant to Section 15061 (b)(3) of the CEQA Guidelines. FISCAL IMPACT: Staff anticipates that the adoption of this Ordinance will have no direct impact to the City with respect to administering the proposed regulations; however, staff also anticipates that this proposal would enable the automobile dealerships to be more competitive in the market place, which could result in an increase in sales tax revenue. ATTACHMENTS: . 1. Proposed CC Ordinance 05- ~ . 2. PC Resolution No. 2005-23 3. Area B Map R:\Ordlnances\Auto Mall Signage & Promotions\June 2005\CC Staff Reporldoc 4