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HomeMy WebLinkAbout111908 PC MinutesMINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION NOVEMBER 19, 2008 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:00 p.m., on Wednesday, November 19, 2008, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ALLEGIANCE Commissioner Carey led the audience in the Flag salute ROLL CALL Present: Commissioners: Carey, Chiniaeff, Guerriero, Harter, and Telesio Absent: None. PUBLIC COMMENTS No comments at this time. CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the Minutes of October 15, 2008 2 Director's Hearing Summary Report RECOMMENDATION: 2.1 Receive and File Director's Hearing Summary Report MOTION: Commissioner Chiniaeff moved to approve the Consent Calendar. Commissioner Guerriero seconded the motion and voice vote reflected unanimous approval. It was the consensus of the Planning Commission to address public hearing Item No. 4 before Item No. 3. PUBLIC HEARING ITEMS RAMinutesPC\111908 RECOMMENDATION: 4.1 Adopt a resolution entitled: PC RESOLUTION 08-51 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0183, A MINOR CONDITIONAL USE PERMIT TO AUTHORIZE EONS GAMING TO OPERATE AN INDOOR VIDEO GAMING FACILITY WITHIN A 3,866 SQUARE FOOT UNIT LOCATED AT 41533 MARGARITA ROAD, SUITE M101, IN THE BEL VILLAGGIO SHOPPING CENTER (APN 921-830-015) Case Planner Schuma, by way of PowerPoint Presentation, highlighted the following main components of staff report: • Project Description • Location • Background • Statement of Operations • Analysis • Recommendation For Commissioner Guerriero, Case Planner Schuma advised that the hours of curfew will be posted on the front window of the proposed facility and noted that staff would have the ability to amend the condition to include hours of curfew within the facility as well. Commissioner Chiniaeff would be desirous of MAX FPS Gaming requiring that minors be picked up by 10:00 p.m., rather than MAX FPS encouraging that minors be picked up by 10:00 p.m. For Commissioner Carey, Case Planner Schuma noted that the Police Department did not raise issues of concern with the previously approved gaming facility. Chairman Telesio requested that the language in the Conditions of Approval indicate that a child below a certain level of age (12 and under) be accompanied by a parent/guardian. At this time, the public hearing was opened. Mr. Adam Burkhalter, applicant, noted that the common area will be used for special events; that patrons will not be able to utilize the internet except for pre-downloaded games; that one adult will be in every game room at all times; and that kids 12 and under will be required to be supervised at all times. Opposing the proposed project, Ms. JoEllen Johnson and Mr. Brad Johnson, relayed their frustration with the proposed project being located in the same center as their business (gaming facility), noting that it would be a detriment to their business. RAMinutesP0111908 2 In response to Chairman Telesio's query, Assistant City Attorney Curley advised that the Planning Commission is being requested to examine land use issues, noting that leasing issues would be between the owner and tenants. At this time, the public hearing was closed. Understanding Mr. and Mrs. Johnson's concern, Commissioner Chiniaeff noted that it would not be the Planning Commission's purview to decide what tenants occupy the center. MOTION: Commissioner Chiniaeff moved to approve staff recommendation subject to the applicant installing additional signage inside and outside the building with respect to the work requiring that minors be picked up by 10:00 p.m.; that a parent/guardian be accompanied by a minor 12 years and younger at all times. Commissioner Guerriero seconded the motion and voice vote reflected unanimous approval. Chairman Telesio relayed the rules and regulations of the public speaking process. Santa Margarita Annexation General Plan Amendment and Zone Change RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION 08-52 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFY THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE SANTA MARGARITA AREA ANNEXATION, ADOPT FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE SANTA MARGARITA AREA ANNEXATION OF APPROXIMATELY 4,997 ACRES, LOCATED IMMEDIATELY SOUTHWEST OF THE EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF INTERSTATE 15 AND NORTH OF THE SAN DIEGO COUNTY AND RIVERSIDE COUNTY BOUNDARY (PA07-0225 AND PA07-0226) 3.2 Adopt a resolution entitled: PC RESOLUTION 08-53 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF TEMECULA TAKE VARIOUS ACTIONS RELATED TO ANNEXATION OF THE SANTA MARGARITA AREA LOCATED TO THE SOUTH AND EAST OF THE EXISTING CITY BOUNDARY RAMinutesPC\111908 By way of PowerPoint Presentation, Principal Planner Brown highlighted the following: • Purpose of Request • Location • Aerial View • Ownership • Santa Margarita Ecological Reserve • Existing Riverside County General Plan • Existing City of Temecula General Plan • Existing Riverside County Zoning • Chronology • Annexation Objective 1 • Annexation Objective 2 • Annexation Objective 3 • Noticing Requirements In response to Commissioner Chiniaeff's query, Principal Planner Brown noted that it would.be staff's opinion that development of the site would be very problematic due to the issues of inadequate water, circulation, two points of access, extreme environmental sensitivity of the property, and providing infrastructure to the site. Providing more information for Commissioner Chiniaeff, Deputy Director of Public Works York advised that the roads are not built to City standards and will not be maintained or incorporated into the City's maintained system; that the City employs a building permit issuance policy for lots on dirt roads which is based on Section 15 of the Municipal Code which follows the 2007 California Fire Code which sets requirements for widths of roads and the type of road servicing that would be needed to be set in place; that according to the City's policy and the Municipal and State Code, roads would have to be constructed to the nearest approved paved intersection, noting that it would not preclude a development from occurring, but the developer would be required to install the infrastructure before acquiring a building permit. With respect to child care facilities and elderly centers being a permitted use in the matrix, Principal Planner Brown advised that these would be determined by State Law, noting that the City does not have a say in how children and elderly facilities are permitted. Deputy Director of Public Works York stated that the City's policy would be consistent with the State's Fire Code, noting that the County would also have to be consistent with the State's Fire Code. At this time, the Planning Commission took a 10-minute break. The following individuals spoke in favor of the City Council taking actions related to annexation of the Santa Margarita area: • Ms. Gloria Jacobsen, Temecula • Mr. Kerry Mayer, De Luz • Mr. Jim Mitchell, Temecula • Ms. Jerri Armanda, Rainbow • Mr. Rag Watts, Delos • Mr. Joseph Terrazzo, Temecula R:UnutesPC\111908 • Mr. Mike Jurkosky, Rainbow • Ms . Kathleen Hamilton, Temecula • Mr. Ray Johnson, Temecula • Mr. Jim Brady, DeLuz • Ms. Barbara Wilder, Temecula • Mr. Clif Hewlett, Temecula • Dr. Matt Rahn, San Diego • Ms. Pam Grender, Temecula • Ms. Vicki Long, Murrieta • Mr. Robert Martinez, Temecula • Mr. Frank Staudewmajer • Mr. Chris Knierin, Temecula • Mr. Tom Bond, Pala • Mr. Greg Krzys, Temecula • Mr. Fred Bartz, Temecula The above-mentioned individuals spoke in favor of the City Council taking actions related to annexation of the Santa Margarita area for the following reasons: • That it would be important to maintain the high level of air quality that the City currently holds • That the hills of southwest Temecula are the heart of Temecula • That it would be important to maintain open space for future generations to enjoy • That the Sierra Club would consider the area under consideration to be one of the most environmentally valuable areas of Southern California; and that the Southwest Riverside County Sierra Club would be in full support of the proposed recommendation • That the Santa Margarita River has been called one of the most biologically important rivers in the State • That Santa Margarita Homeowners Association strongly supports the annexation by the City of Temecula • That the Wolf Valley Homeowners Association would be in full support of an annexation • That Save our Southwest Hills strongly supports the annexation considered by the City Council • That the Santa Margarita area would be the last remaining corridors that would connect to the Santa Ana Mountains, Palomar Mountains, and the San Jacinto Mountains • That the area in questions would be an extremely important wildlife corridor that would need to be preserved • That the Santa Margarita River would be the last free flowing protected river in Southern California • That the Santa Margarita River houses endangered and sensitive species The following individuals spoke against the City Council taking actions related to annexation of the Santa Margarita area: • Mr. Stephen Bledsoe, Pasadena • Mr. Julio Baroque, Riverside • Mr. David Tebaldi, Sacramento • Mr. Ray Wolfe • Mr. Vince Davis, Temecula R:\MlnutesPC\111908 • Mr. O.B. Johnson, Murrieta • Mr. Gary W. Johnson, Murrieta • Mr. Gary Nolan, Oceanside • Mr. Malcolm Driggs, Perris • Mr. Lee Haven, Indian Wells • Mr. Ralph Caracoza, Murrieta • Mr. Bob Kowell, Murrieta • Mr. Warren Coalson, San Diego • Ms. Adele Harrison, Temecula • Mr. Richard Brady, Fallbrook • Mr. Russell Keem, Redland • Mr. Derek Hull, County of Riverside • Ms. Marcie Bedoian, Hemet • Mr. R.A. Bennett, Temecula • Mr. Stephen Tapley, Temecula • Mr. Gary Harrison, Temecula • Mr. Gregory Melvin, Temecula • Mr. Mike Caples, Lake Elsinore Planning Department The above-mentioned individuals spoke against the City Council taking actions related to annexation of the Santa Margarita area for the following reasons: • That an annexation of the Santa Margarita area would diminish and/or prevent the development of an important local resource for aggregate • That each Californian utilizes seven (7) tons of aggregate a year • That without new resources current reserves will erode away and aggregates will be forced to be hauled from many miles • That transportation of aggregate doubles the price of its purchase • That the Laborer's Union would be opposed to the consideration of annexation • That the annexation will prevent a mining quarry which will prevent many job opportunities for citizens • That the City is not currently following all necessary procedures to reach a proposal to the City Council to take action related to annexation of the Santa Margarita area • That aggregate resources are diminishing and it would be important to implement new aggregate quarries • That the California Department of Transportation strongly supports the implementation and development of aggregate resources in California, noting that without additional and accessible aggregate sites, the delivery pace of aggregate will diminish • That Friends of Liberty strongly oppose the annexation process • That annexing the Santa Margarita River will rob Riverside County of an important aggregate source • The benefits of an aggregate quarry in the region will diminish the traveling of large trucks on the road, will diminish the cost of aggregate, will create jobs for local residents, and will reduce fuel emissions • That an annexation by the City of Temecula will be detrimental to the mining opportunities that are desperately needed • That Granite Construction would strongly oppose the annexation process • That if the annexation process is approved, it will cause a significant problem for Southern California R:\MinutesPC\111908 • That the consideration of the proposed annexation would not serve a purpose other than to impede private development rights • That the County of Riverside has not taken a position on the proposed project • That the County of Riverside would be of the opinion that the draft EIR would be inadequate because it would not provide a reasonable range of alternatives with which decision makers can prepare and way the potential environmental consequences of the proposed project • That the proposed draft EIR would also fail to meet the requirements of CEQA guidelines Section 15126; that the draft EIR should look at the feasibility of the proposed alternatives among which would be the availability of infrastructure; additionally, the draft EIR fails to adequately analyze the environmental impacts including displacement that results from prohibiting surface mining operations; that the draft EIR should address any potential significant impacts that could result to traffic and air quality from prohibiting surface mining Understanding the comments made by both sides of the proposed project, the Planning Commission advised that it would be their duty to ensure that the information prepared by staff would be adequate to submit to the City Council to pursue the various actions related to the annexation of the Santa Margarita area. At this time, Assistant City Attorney Curley explained the CEQA guidelines 15202 and 15204. For the Planning Commission, Principal Planner Brown explained the Fiscal Impact Analysis. MOTION: Commissioner Chiniaeff moved to approve PC Resolution 3.1 Commissioner Guerriero seconded the motion and voice vote reflected unanimous approval. MOTION: Commissioner Chiniaeff moved to approve PC Resolution 3.2. Commissioner Guerriero seconded the motion and voice vote reflected unanimous. Item No. 4 was addressed on pages 2 and 3. 4 RECOMMENDATION: 4.2 Adopt a resolution entitled: PC RESOLUTION NO. 08-51 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0183, A MINOR CONDITIONAL USE PERMIT TO AUTHORIZE EONS GAMING TO OPERATE AN INDOOR VIDEO GAMING FACILITY WITHIN A 3,866 SQUARE FOOT UNIT LOCATED AT 41533 MARGARITA ROAD, SUITE M101, IN THE BEL VILLAGGIO SHOPPING CENTER (APN 921-830-015) R:\Minu1esPC\111908 COMMISSIONERS' REPORTS No reports at this time. PLANNING DIRECTOR'S REPORT No reports at this time. ADJOURNMENT At 9:40 p.m., Chairman Telesio formally adjourned to December 3. 2008 at 6:00 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula. Joh1 Telesio Chairman ~l tlw- Gc6w-7) 54- Debbie Ubnoske Director of Planning RAMinutesMI 11908