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HomeMy WebLinkAbout020707 PC Minutes MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION FEBRUARY 7, 2007 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:04 p.m., on Wednesday, February 7, 2007, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ALLEGIANCE Chairman Chiniaeff led the audience in the Flag salute. ROLL CALL Present: Commissioners: Guerriero, Carey, Harter, Telesio and Chairman Chiniaeff. Absent: None. PUBLIC COMMENTS No additional comments. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of January 9, 2007. 2 Director's Hearina Case Uodate RECOMMENDATION: 2.1 Receive and File Director's Hearing Update for December. MOTION: Commissioner Guerriero moved to approve the Consent Calendar. Commissioner Harter seconded the motion and voice vote reflected unanimous aDDroval. R:\MinutesPCI020707 PUBLIC HEARING ITEMS Continued from January 3, 2007 3 Plannina ADDlication NosPA06-0060 and PA06-0098. a Tentative Parcel MaD (34715) and DeveloDment Plan. submitted bv Artisan Communities. for a multi-familv residential Droiect to construct 97 condominium units on 8.9 aross acres. located within Plannina Area 13 of the Redhawk SDecific Plan at the southeast corner of Peach Tree Street and Deer Hollow Wav By way of PowerPoint Presentation, Associate Planner Schuma highlighted on the following: o Location o Revised Site Plan o Deer Hollow Street Scene o Revised Landscaping Plan o Typical Section of Golf Course o Community Meeting o Response to written correspondence Nos. 3, 4, 5, 7, 8, 9 (per staff report) o Environmental Determination o Recommendation. Addressing written correspondence Item Nos. 1, 2, and 6 by residents within the Redhawk Community, Director of Public Works Hughes addressed as follows: o That Item No.1 would be an architectural issue, not a Public Works issue o That Item Nos. 2 and 6 would be related to parking on public streets; and that staff would be of the opinion that there would not be an issue with parking; and advised that the parking issues would be generated from Great Oak High School, not the proposed project o That staff's recommendation would be that if issues of illegal parking on Deer Hollow Street arise, it couid be reviewed from the Public Traffic Safety Commission. In response to Commissioner Telesio's query, Associate Planner Schuma advised that 160 residents within a 600-foot radius were invited to attend a community meeting but that only 20 residents were in attendance. Addressing Deer Hollow Way, Director of Public Works Hughes noted that currently there would be four lanes on Deer Hollow Way; that there would not be adequate space for parking because the second lane would only be a 16 foot lane; and noted that anyone parking on the street would be in violation of the Vehicle Code. With regard to landscaping, Associate Planner Schuma noted that the landscape plan would reflect changes to the tree sizes; that a minimum of 24-inch box trees would be proposed along the entire perimeter of the site; and that 24-inch box trees have been placed between buildings and within private yard areas along the golf course. R:IMinutesPClO20707 2 At this time, the public hearing was opened. Ms. Pam Pullen, applicant, noted the following: o That the tree sizes were increased to 24-inch boxes along the perimeter as requested by the Planning Commission o That the site plan would reflect the elimination of the retaining wall originally proposed along Deer Hollow Way o That slumpstone walls will be used throughout the Redhawk Community and will be adequately screened with landscaping o That the applicant held a community meeting on January 18, 2007, to present and discuss the project proposal. Mr. John Rosingana, Temecula, expressed his concern with the traffic study provided by the applicant and would request that a new traffic study be taken; and that a sign stating No Parking be installed along Deer Hollow Way. Ms. J.P. Ruyle, Temecula, queried on the location of guest parking. For Ms. Ruyle, Associate Planner Schuma noted that although it would be difficult to see guest parking on the site plan, guest parking will be located along drive A, B, and C; advising that the applicant would meet the City's parking requirement. Thanking Ms. Schuma for clarifying guest parking, Ms. Ruyle noted that she would continue to have concerns with traffic congestion on Deer Hollow Way. At this time, the public hearing was closed. Addressing parking, Director of Public Works Hughes noted the following: o That the traffic study provided was performed by a professional engineering company and was performed according to the City's Guidelines o That the project would be consistent with the City's General Plan and Design Guidelines for Level of Service (LOS) o That parking restrictions on public streets would need to be addressed by the Public Traffic Safety Commission. COMMISSION DISCUSSION Commissioner. Carey thanked staff and the applicant for addressing the concerns previously made by the Planning Commission. Commissioner Guerriero also thanked the applicant and staff for addressing concerns expressed by both the residents and the Planning Commission and would be in favor of moving the project forward. That if illegal parking were to occur along Deer Hollow, he would recommend motor officers to patrol the area. Understanding the traffic situation, Commissioner Harter thanked staff and the applicant for addressing the concerns mentioned at the previous meeting, but did express concern with illegal parking occurring on Deer Hollow Way. R:IMinutesPCI020707 3 ....-.-~.~ - For the Planning Commission, Director of Public Works Hughes noted that staff will continue to monitor Deer Hollow Way updating the Commission as to whether or not there would be an issue of illegal parking. Thanking staff and the applicant for addressing the Commission's concerns, Chairman Chiniaeff relayed that he would be in favor of approving the project. Commissioner Telesio noted that he would also be in favor of approving the project and stated . that if residents have concerns with Illegal parking on Deer Hollow Way, concerns could be expressed at a Public Traffic Safety Commission meeting. MOTION: Commissioner Guerriero moved to approve staff recommendation. Commissioner Carey seconded the motion and voice vote reflected unanimous aooroval. PC RESOLUTION NO. 07-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA06-0060, A DEVELOPMENT PLAN TO CONSTRUCT 97 RESIDENTIAL CONDOMINIUM UNITS ON 8.9 GROSS ACRES, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF DEER HOLLOW WAY AND PEACH TREE STREET, APN 962-' 020-012 NEW ITEMS , 4 Plannina Application No. PA07-0024. a review of proposed Non-Smokina Ordinances and recommend an action to the Citv Council Assistant City Manager Adams provided background and history of Item No. 4 for the Planning Commission's understanding and consideration (of record). Senior Planner Papp provided a revised staff report (of record). In response to Commissioner Guerriero's question regarding chewing tobacco, Assistant City Manager Adams noted that the focus of the ordinance would be secondhand smoke, not chewing tobacco. . Speaking in favor of the proposal, Commissioner Telesio queried on how enforcement would be addressed. For Commissioner Harter, Assistant City Attorney Flower noted that a Reasonable Distance . would be a distance of 25 feet in any direction from an area in which smoking is prohibited; that this distance should be reasonably sufficient to make it unlikely that secondhand smoke would enter non-smoking areas; advising that this would be enforced by a Code Enforcement Officer. Commissioner Harter requested that the language of the ordinance with regard to Reasonable Distance be made clearer. R:\Minute.PCI020707 4 Assistant City Attorney Flower noted that the appeals process would be built into the administrative penalties provision; noting that with regard to enforcement, violations of this Chapter would be subject to penalties pursuant to Chapters 1.21 and 1.24 of the Temecula Municipal Code. With regard to Commissioner.Telesio's concern with enforcement, Senior Planner Papp noted that the intent would be to provide for the public health, safety and welfare by discouraging the inherently dangerous behavior of smoking around non-tobacco users; that by requiring all new multi-family residential projects containing 10 or more units, at least 20 percent of the units be designated as non-smoking units; and that intent would be to educate the public that certain areas will be banned from smoking. Mr. Papp also advised that landlords would be required to show future tenants as to which units would be designated as non-smoking and smoking units; and that any lease agreement would need to disclose designated smoking and non-smoking units; and that there would be no language in the ordinance that would prohibit a landlord from having more than 25 percent of their units non-smoking. At this time, the public hearing was opened and due to no speakers, it was closed. COMMISSION DISCUSSION Expressing concern with enforcement issues but understanding the intent of the proposed ordinance, the Planning Commission would be in favor of the proposal. Helping to clarify the definition of Smoking, Assistant City Attorney Flower stated that Smoking would mean holding or possessing a lighted tobacco product being smoked; advising that this would not include chewing tobacco. MOTION: Commissioner Harter moved to approve staff recommendation. Commissioner Guerriero seconded the motion and voice vote reflected unanimous 8DDroval. PC RESOLUTION NO. 07-06 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 OF TEMECULA PROHIBITING SMOKING IN AND AROUND MULTI.UNIT RESIDENCES AND ADDING CHAPTER 30 TO TITLE 17 OF THE TEMECULA MUNICIPAL CODE REGULATING SMOKING IN MULTI-UNIT RESIDENCES (PLANNING. APPLICATION PA07-0024)" At this time, the Planning convened for a 5-minute break. R:\MlnutesPC\020707 5 _._._"~-- 5 Plannina Application No PA06-0217. A Minor Modification. submitted bv Ken Miskam for Marie Callender's Restaurant. for the chanae of exterior paint colors on an existina buildina. located at 29363 Rancho California Road Assistant Planner Le Comte provided a staff report (of record), stated the following: o That staff would request that Condition of Approval Item No. 4 be amended to impose that: the building shall be repainted back to its originally approved paint color by March 7, 2007, or that an alternative paint color palette shall be submitted and approved by the Director of Planning no later than February 28, 2007, and the building repainted the approved paint color palette March 31, 2007 ' o That non-compliance of this condition would result in Code Enforcement action. In response to the Planning Commission's questions, Ms. LeComte noted the following: o That on July 21, 2006, Marie Callender's began painting their building with a paint palette which deviated from the approved color scheme o That at the time Code Enforcement informed the restaurant Manager that they would be in need of a Minor Modification to authorize the change in color paint, the restaurant was half-painted o That the Code Enforcement Officer strongly recommended to the manager that they halt all painting activities until approval was obtained from the Director of Planning. Explaining the process, Principal Planner Brown stated that each case would be dealt with on a one by one case; and that if a restaurant manager is amenable, Code Enforcement would only issue a verbal warning, not a written citation. For Commissioner Chiniaeff, Ms. LeComte noted that the Design Guidelines would discourage bright colors and would encourage a harmonious and blending palette. At this time, the public hearing was opened. Mr. Ken Miskam, Marie Callender's Manager, stated the following: o That the applicant was not aware that a Minor Modification submitted would be needed in order to change the color scheme of the Marie Callender's restaurant o That the intent of the color change would be to generate more sales o That the majority of restaurant in town would not be aware of the need to require a Minor Modification in order to change its color o That the new trend of colors would be bright colors such as the color of the proposal o That the applicant would not be in favor of changing the colors of the building, advising that it would be very expensive. Commissioner Guerriero expressed concern with the applicant not following the color change process which would be imposed in the City's Design Guidelines. Commissioner Telesio noted that he would find it difficult to accept that the applicant was not aware of the color change process. R:\MinulesPCI020707 6 - ~< -,,- ~..,......,"..,,-,.- For the applicant, the Planning Commission stated that the Development Plan included an approval of an English Tudor architectural style with elements of English Pub Style (Planning Commission staff report, February 2, 1998); advising that the applicant deviated from the approved color scheme without the approval of the Director of Planning. Mr. Miskam advised that the proposed color scheme would help reintroduce Marie Callender's to the public, noting that the color change would be exciting and interesting and would promote business. The Planning Commis!!ion reiterated the importance of following the proper channels and submitting requests for change of colors. The following individuals spoke against the existing color scheme, advising that it would not be consistent with the Rancho Highlands Specific Plan and City-Wide Design Guidelines. o Ms. Eve Craig, Temecula o Mr. Elton Ward. At this time, the public hearing was closed. Commissioner Harter stated that it would be his opinion that if the applicant were desirous of a color change they should have properly and that by requiring the applicant to change to the approved colors would be setting a bad precedent. Commissioner Telesio noted that he will maintain his position in that the colors be conformed to the list of approved colors and materials. Reiterating the importance of submitting requests through the proper channels, Commissioner Carey would be in favor of staff recommendation. Although he would not be opposed to the current bold color scheme, Chairman Chiniaeff noted that it would be important that proper submittals be taken. Commissioner Telesio noted that he would be willing to work with staff and the applicant on a sub-committee to come up with appropriate colors that would be in keeping with the surrounding community. MOTION: Commissioner Telesio moved to approve staff recommendation and that the applicant and staff work together to provide appropriate colors that would be in the Development Plan. Commissioner Guerriero seconded the motion and voice, vote reflected unanimous aDDroval. R:\MinulesPC\020707 7 PC RESOLUTION NO. 07-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA06-o217, A MINOR MODIFICATION FOR THE CHANGE OF EXTERIOR PAIN ,COLORS FOR AN EXISTING BUILDING (MARIE CALLENDER'S RESTAURANT), LOCATED AT 29363 RANCHO CALIFORNIA ROAD (APN: 944-330-011) COMMISSIONER'S REPORT For Commissioner Guerriero, Director of Public Works Hughes noted that Level of Service (LOS) in the Wolf Creek area is being monitored. Chairman Chiniaeff advised the Commission that the City Council will be discussing the Promenade Mall Expansion at the February 13, 2007, City Council meeting and if they have any comments or concern that this meeting would be the place to voice them. PLANNING DIRECTOR'S REPORT Director of Planning advised that due to a lack of a quorum for the March 21, 2007, Planning Commission meeting, it will be rescheduled for Wednesday, March 14,2007. Advising that a,new Principal Planner has been hired, Director of Planning Ubnoske noted that he will be starting on Monday, February 12, 2007; and that Eric Jones has been hired as the Planning Department's new Junior Planner. Director of Public Works introduced newly hired Deputy Director of Public Works, Dan York. ADJOURNMENT At 8:15 pm, Chairman Chiniaeff formally adjourned to Februarv 21.2007 at 6:00 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula. ~~ U~-~ ebbieUbnoske - Director of Planning R:\MinutesPC\020707 8