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HomeMy WebLinkAbout092193 CC Minutes MINUTES OF AN ADJOURNED REGULAR MEETING OF THE TEMECULA CITY COUNCIL TUESDAY, SEPTEMBER 21, 1993 A regular meeting of the City of Temecula City Council was called to order on Tuesday, September 21, 1 993, 7:05 P.M., at the Temecula Community Center, 2881 6 Pujol Street, Temecula, California. Mayor J. Sal Mufioz presiding. Councilmember Birdsall led the flag salute. PRESENT: 4 COUNCILMEMBERS: Birdsall, Parks, Stone, Mufioz ABSENT: 1 COUNCILMEMBERS: Roberts Also present were City Manager David F. Dixon, Assistant City Manager Harwood Edvalson, City Attorney Scott F. Field, City Clerk June S. Greek and Recording Secretary Gail Zigler. PUBLIC COMMENT None CITY COUNCIL REPORTS None PUBLIC HEARINGS 1 .City of Temecula General Plan, Implementation Program, Environmental Impact Rer)ort and Miticiation Monitoring Prociram Housing Element Senior Planner John Meyer presented the staff report. Mayor Mufioz opened the public hearing at 7:30 P.M. There being no requests to speak, the public hearing was closed. It was moved by Councilmember Parks, seconded by Councilmember Stone to approve by consensus of the Housing Element as proposed. The motion was unanimously carried with Mayor Pro Tem Roberts absent. Clean-Up Items and Revisions Addendum Request No. 30: CCMIN09/21/93 -I- 10/05/93 CITY COUNCIL MINUTES SEPTEMBER 21, 1993 Planning Director Gary Thornhill stated the project is directly adjacent to a proposed high school and bus facility, therefore staff feels a community commercial designation is appropriate for this site. The Council approved by consensus Community Commercial designation for Request No. 30. Request No. 64: Mayor MuFioz opened the public hearing at 7:45 P.M. There being no requests to speak, the public hearing was closed. The Council approved by consensus a Medium Density Residential designation for Request No. 64. Request No. 65: Mayor Mufioz opened the public hearing at 8:00 P.M. There being no requests to speak, the public hearing was closed. The Council approved by consensus Business Park/Service Commercial designation for Request No. 65. Iris Abernathy, 43980 Margarita Road, Temecula, addressed the Council regarding her previous request for a change in land use designation to Neighborhood Commercial on Request No. 22. Ms. Abernathy said the Council approved a designation of low- medium housing, however, she asked the Council to reconsider her request for Neighborhood Commercial. Senior Planner John Meyer stated the Planning Commission approved the low-medium housing land use designation rather than the neighborhood commercial based on the close proximity of the property to the elementary school. Councilmember Stone asked Ms. Abernathy if she would agree to an office professional designation. Mayor MuFioz advised he was in receipt of a petition from the Los Ranchitos Homeowners Association stating they are opposed to any lots being zoned commercial. The unanimous consensus of the Council was to approve a designation of Office/Professional for Request No. 22. Carol Corazza, 44220 La Paz Street, Temecula, representing the Los Ranchitos Homeowners Association, presented the Council with a petition of opposition to the re-zoning of four parcels, Lots 3 and 7, to commercial. Ms. Corazza said the homeowners are concerned that if these four parcels are re-zoned commercial, the CCMIN09/21/93 -2- 10/05/93 CITY COUNCIL MINUTES SEPTEMBER 21, 1993 property owners along the rest of Highway 79 South are likely to come forward to request commercial designations. Ms. Corazza said 58% of the homeowners have opposed this zone change and request no further zone changes until additional access along Highway 79 South has been addressed. Councilmember Birdsall stepped down due to a potential conflict of interest. Mayor Mufioz asked if the Los Ranchitos Homeowners Association would approve an office professional designation. Ms. Corazza said there are still the same concerns with an office professional designation. Councilmember Stone said he feels the property owner can provide a quality project which will buffer the Los Ranchitos homeowners as well as provide the property owners with a means for marketing his property. Senior Planner John Meyer explained the property in question is located in Assessment District 161 which at a later date will be developed with 130 foot right-of-way. Currently Kemper has retained a traffic consultant to perform a corridor-wide traffic study addressing access along Highway 79 South. Once completed, staff is prepared to take this study to Cal Trans and request an amendment to the memorandum of understanding. Mr. Meyer said staff has considered a garden office type project with building structures comparable to the adjacent properties. John Moramarco, P.O. Box 906, Temecula, owner of the subject property, said he has tried to work with the Association for the past few years with very little success. Mr. Moramarco said no one has approached him over the last fifteen years to build on the parcel. Chuck Lombardo, 42720 Las Violettas Circle, Temecula, also an owner of the subject property said they have tried to work with the Los Ranchitos Homeowners Association but the association has not been open to the presentations. Mr. Lombardo said he feels there are several vacancies in the existing professional office properties and he would prefer a commercial designation. The Council approved by consensus a designation of Office/Professional for parcels No. 3 and 7 in the Los Ranchitos area with Councilmember Birdsall abstaining and Mayor Pro Tem Roberts absent. Michall Lanni, 1 907 Yacht Truant, Newport Beach, representing Tentative Tract 241 72, said his property is zoned into half acre lots, with adjoining property having 1 4,000 square foot lots on one side, half acre lots on the other side, and 2 1/2 acres lots to the south. He asked if the special study area designation will change his existing land use. CCMIN09/21/93 -3- 10/05/93 CITY COUNCIL MINUTES SEPTEMBER 21, 1993 Councilmember Parks stepped down due to a potential conflict of interest. Senior Planner John Meyer advised the parcel is located in the Chaparral area which staff is recommending be changed from very low to low density, however, because this parcel is an approved Tentative Tract Map it can be found to be consistent with the General Plan. The Council approved by consensus the recommended one-acre minimum designation for Tentative Tract No. 241 72 with the understanding that 1/2 acre will be consistent with the general plan based upon the existing entitlements for the property. Mayor Mufioz declared a recess at 8:55 P.M. The meeting reconvened at 9:05 P.M. Circulation Element Senior Planner John Meyer presented the staff report. Councilmember Parks said he recalls the Council previously approved alternative B. Planner Meyer said the Council actually recommended alternative C which was to look at the extension of North General Kearney and to look at the extension of Nicolas Road. The traffic consultant combined B and C and the real benefit to Winchester Road was found to be extending North General Kearney and adding Nicolas Road. The Council subsequently removed the North General Kearney extension and staff re- analyzed the data, concluded the Nicolas Road extension without North General Kearney was no significant value to the circulation plan. Councilmember Parks said he feels there needs to be some kind of road network tying Nicolas Road into Margarita Road at the proposed high school location. He suggested a road that runs parallel along Santa Gertrudes Creek tying into Margarita Road. Councilmember Birdsall said she wasn't sure that a parallel road would work in this area. She said she feels there needs to be access at the Nicolas and Winchester intersection from the high school. Csaba Ko, representing Kemper Real Estate Development, advised there currently is a signal proposed for Winchester Road and Roripaugh. He added that there is a temporary road that links up with Costco and runs along the creek for bus access. Councilmember Parks said he would have concerns with the bus barn exiting at Roripaugh. He said he feels the buses should be out on the major thoroughfare and not use Roripaugh Road for bus access. Mayor Mufioz asked for an explanation of why the language addressing the change of Highway 79 North from a state highway to a urban arterial was deleted. CCMIN09/21193 -4- 10/05/93 CITY COUNCIL MINUTES SEPTEMBER 21, 1993 Senior Planner John Meyer said he thought this was an oversight on staff's part. Councilmember Parks said he feels that this should not be included in the goals and policies of the General Plan but is a direction to staff. The overall consensus of the Council was to direct staff to revise the language contained in Policy 1.3 of the Circulation Element as it relates to the redesignation of Highway 79 North. K.S. Chen, 6984 Overlook Terrace, Temecula, representing the parcel located on Ynez Road, next to the Target Center, known as "The Plaza". Mr. Chen said the project is ready for submittal to the Planning Department and he learned last week that a new road may pass between his parcel and the Target Center. Planning Director Gary Thornhill explained that approximately eight months earlier, the property owners and the staff did not agree on a proposed project. The property owner then went back and re-designed the project and during the interim a proposed route was discussed. Director Thornhill said the City has agreed to work with the applicant on their parking requirements in return for their cooperation in providing the necessary right-of-way to provide for this circulation element. Senior Planner John Meyer explained the proposed route was a recommendation by Csaba Ko of Kemper, at the first meeting of the circulation sub-committee. He said at the second meeting the traffic consultant analyzed the route and found it to provide a viable access. Mr. Meyer added there are very limited opportunities to add new links to the city's circulation element and the traffic model demonstrates it is necessary to have this link. Csaba Ko advised the Council that he was participating on the circulation sub- committee as a member of the general public and made the recommendation for this route in that capacity. Mr. Chen said he feels the City should provide him with a time schedule for building this road. Councilmember Parks said he feels the City should keep this alignment and suggested staff work with the applicant on securing the dedication of easement to build the road. The overall consensus of the Council was to direct staff to work with the applicant. Councilmember Parks moved to extend the meeting at 10:00 P.M. to 1 1:00 P.M. School Facilities Policy Senior Planner John Meyer presented the staff report. CCMIN09/21/93 -5- 10/05/93 CITY COUNCIL MINUTES SEPTEMBER 21, 1993 City Attorney Scott Field outlined a letter to the school district dated September 1 7, 1 993 proposing changed language for the general plan policy. He said the changes did not incorporate the school district asked for but the most significant change is in the implementation program, Item No. 3. The school district proposes a commitment from the City that it will adopt a mitigation ordinance or resolution consistent with what was previously proposed to the Council what the County has adopted. Mr. Field said legal counsel recommends continued dialogue between the City and the school district in recognition of the fact that Senate Bill 1 287 places substantial constraints on the ability of the City to try to achieve the additional mitigation funding that the district is asking for. Attorney Field said new correspondence, received this date from the school district's legal counsel, requests some correction in the language. Mr. Field said staff recommends the following modification to Page 2, regarding the E.I.R., second sentence; "Full mitigation is not feasible due to the legal constraints imposed on the provision and funding of schools." Also, the letter from the school district dated September 21, 1 993, indicated a willingness to share in the defense costs of potential litigation in the event the City was sued as a result of the school district's proposed policy. Mr. Field clarified that defense costs are not the only issue that would be presented to the City in the event of a law suit. Mayor MuFioz opened the public hearing at 10:20 P.M. Tom VanHoorst, 3600 Lime Street, #221, Riverside, representing the Building Industry Association for Riverside County, stated the B.I.A. is opposed to the proposed language by the school district. Brian Noreen, 30381 Red River Circle, Temecula, General Manager of Kemper Real Estate, expressed support of the proposed language presented by the City's legal counsel. Mr. Noreen said Kemper Real Estate also supports the school districts efforts to provide excellent education to this community. Dave Gallaher, representing the Temecula Valley Unified School District, 31 35ORancho Vista Road, Temecula, asked the Council to support the language presented by the school district and reiterated the school district would stand behind the City of Temecula in the event the City is involved in litigation stemming from approval of this policylanguage. Daniel Wood, 30205 Menifee Road, Menifee, representing the Menifee Unified School District, expressed support of the language proposed in Exhibit A. Mr. Wood explained that Menifee is currently working under this language with success. Jean Fernia, 30831 Avenida Buena Serte, Temecula, expressed support for the language proposed by the Temecula Valley School District. CCMIN09/21/93 -6- 10/05/93 CITY COUNCIL MINUTES SEPTEMBER 21, 1993 It was moved by Councilmember Stone, seconded by Councilmember Parks to extend the meeting from 1 1:00 to 1 1:45 P.M. Sam Alhadeff, 27555 Ynez Road, #203, Temecula, legal counsel for Kemper Real Estate, expressed support of the language which is proposed by staff. Mr. Alhadeff explained that the agreements entered into with the Menifee School District, were projects under County jurisdiction, not the City of Menifee. Mr. Alhadeff said the City would be subject to litigation relative to delay of project, cost of delays, attorney fees, financial impacts, etc., should a developer be required to go before the school district to address school impact fees. Councilmember Birdsall expressed a concern with the going against what the City's legal counsel has recommended. Councilmember Parks said he feels the Council should support the recommendation of the City Attorney. Councilmember Stone said he supports the school districts efforts to provide a quality education however, it does not agree the developer should be responsible for these costs. Mr. Stone suggested a change to the language stating the school district should exhaust all avenues of funding before the City goes to the extreme of attaching the costs to the development communities as follows: "Adequate school facilities and funding are necessary to ensure the high quality of education is extended to future residents of the City. Mitigating impacts of development on the school system including statutory development fees, and other revenue sources, such as, but not limited to general obligation bonds. In the event that these sources prove to be inadequate, voluntary negotiated developmental fees with developers can be pursued as permitted by law and/or density adjustments will be implemented to represent the deficiency in the mitigation fees." Mayor Mufioz said based on the newest materials received and comments and recommendations made tonight, he suggests this item be continued to allow staff to work with the school district to eleviate these concerns. It was moved by Councilmember Stone, seconded by Councilmember Birdsall to refer the School Facilities Mitigation measures to be included in the Growth Management/Public Facilities Element to staff to address specific language modifications as discussed. The motion was unanimously carried with Mayor Pro Tem Roberts absent. Adiournment It was moved by Councilmember Stone, seconded by Councilmember Birdsall to adjourn at 1 1 :45 P.M. and continue the General Plan Public Hearing to the regular meeting of October 1 2, 1993. CCMIN09/21193 -7- 10/05/93 CITY COUNCIL MINUTES The motion was unanimously carried with Mayor Pro Tem Roberts absent. PRESENT: 4 COUNCILMEMBERS: Birdsall, Parks, Stone, Mufioz ABSENT: 1 COUNCILMEMBERS: Roberts CITY MANAGER REPORT None CITY ATTORNEY REPORT None ADJOURNMENT Mayor Mufioz declared the meeting adjourned at 1 1:45 P.M. The next regular meeting of the Temecula City Council will be held on, Tuesday, September 28, 1 993, 7:00 PM, Temecula Community Center, 2881 6 Pujol Street, Temecula, California. Mayor p- SalVuiioz ATTEST: SEPTEMBER 21, 1993 @it@lerk June S. G@ CCMIN09/21/93 -8- 10/05/93