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HomeMy WebLinkAbout110712 PC AgendaIn 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]. TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET NOVEMBER 7, 2012 — 6:00 PM PRELUDE MUSIC: CALL TO ORDER: Flag Salute: Roll Call: PUBLIC COMMENTS Earlene Bundy Commissioner Kight Carey, Guerriero, Harter, Kight, and Telesio Next in Order: Resolution: 12-24 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 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 prior to the Commission addressing that item. There is a three-minute time limit for individual speakers. 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.. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Action Minutes of October 17, 2012 1 COMMISSION BUSINESS 2 General Plan Conformity Finding for a proposed Street Vacation of a portion of Jedediah Smith Road, Dale West RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 12- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA CONFIRMING FINDING THAT THE STREET VACATION OF A PORTION OF JEDIDIAH SMITH ROAD CONFORMS TO THE CITY OF TEMECULA GENERAL PLAN (LONG RANGE PLANNING PROJECT NO. LR12-0017) REPORTS FROM COMMISSIONERS ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, November 21, 2012, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. NONCE TO THE PUBLIC The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the Planning Commission meeting. At that time, the agenda packet may also be accessed on the City's website — www.cityoftemecula.orq — and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the Commission regarding any item on the agenda, after the posting of the agenda, will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM — 5:00 PM). In addition, such material may be accessed on the City's website — www.cityoftemecula.orq — and will be available for public viewing at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the Planning Department at the Temecula Civic Center, (951) 694-6400. 2 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET OCTOBER 17, 2012 — 6:00 PM PRELUDE MUSIC: CALL TO ORDER: Flag Salute: Roll Call: ABSENT: Earlene Bundy Commissioner Harter Carey, Guerriero, Harter, Kight, and Telesio GUERRIERO CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Next in Order: Resolution: 12-21 Approve the Action Minutes of October 3, 2012 APPROVED 3-0-1-1; MOTION BY COMMISSIONER KIGHT, SECOND BY COMMISSIONER HARTER; VOTE REFLECTED APPROVAL; CAREY ABSTAINED, GUERRIERO ABSENT 2 Director's Hearing Summary Report RECOMMENDATION: 2.1 Receive and file Director's Hearing Summary Report APPROVED 3-0-1-1; MOTION BY COMMISSIONER KIGHT, SECOND BY COMMISSIONER HARTER; VOTE REFLECTED APPROVAL; CAREY ABSTAINED, GUERRIERO ABSENT 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. 1 3 Planning Application Nos. PA12-0034 and PA12-0033, a General Plan Amendment to change the land use designation from Medium Density Residential to High Density Residential, a Zoning Text Amendment to revise the text for Planned Development Overlay 11 (PDO -11), and a Development Plan to construct 120 apartment units on a 7.24 acre site, located at the northeast corner of Mira Loma Drive and Rancho Vista Road, Stuart Fisk APPROVED 4-0-1-0; MOTION BY COMMISSIONER KIGHT, SECOND BY COMMISSIONER HARTER; VOTE REFLECTED APPROVAL; GUERRIERO ABSENT RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 12-21 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 PLANNING APPLICATON NO. PA12- 0034, AN AMENDMENT TO THE GENERAL PLAN TO CHANGE THE LAND USE PLAN MAP FROM MEDIUM DENSITY RESIDENTIAL (M) TO HIGH DENSITY RESIDENTIAL (H) AND A ZONING TEXT AMENDMENT TO REVISE THE TEXT FOR PLANNED DEVELOPMENT OVERLAY -11 (PDO -11) FOR 7.24 ACRES LOCATED AT THE NORTHEAST CORNER OF RANCHO VISTA ROAD AND MIRA LOMA DRIVE" (APN 944-060-006) 3.2 Adopt a resolution entitled: PC RESOLUTION NO. 12-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA12- 0033, A DEVELOPMENT PLAN APPLICATION FOR MIRA LOMA APARTMENTS LOCATED AT THE NORTHEAST CORNER OF RANCHO VISTA ROAD AND MIRA LOMA ROAD" (APN 944-060-006) 3.3 Adopt a resolution entitled: PC RESOLUTION NO. 12-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR A GENERAL PLAN AMENDMENT FROM MEDIUM DENSITY RESIDENTIAL (M) TO HIGH DENSITY RESIDENTIAL (H); A ZONE CHANGE TO REVISE THE TEXT FOR PLANNED DEVELOPMENT OVERLAY -11 (PDO - 2 11); AND A DEVELOPMENT PLAN TO CONSTRUCT 120 APARTMENT UNITS ON 7.24 ACRES LOCATED AT THE NORTHEAST CORNER OF RANCHO VISTA ROAD AND MIRA LOMA DRIVE" (APN 944-060-006) Wayne Hall, Temecula resident, addressed the Planning Commission REPORTS FROM COMMISSIONERS DIRECTOR OF DEVELOPMENT SERVICES REPORT DIRECTOR OF PUBLIC WORKS REPORT 4 Santiago Road Design Guideline Larry Markham, Temecula business owner, addressed the Planning Commission ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, November 7, 2012, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. Ron Guerriero Chairman 3 Patrick Richardson Director of Development Services STAFF REPORT— PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: November 7, 2012 PREPARED BY: Dale West, Case Planner PROJECT General Plan Conformity Finding for a proposed Street Vacation of SUMMARY: a portion of Jedediah Smith Road (Long Range Planning Project No. LR12-0017) CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilities RECOMMENDATION: Staff recommends that the Planning Commission confirm Finding that the street vacation of a portion of Jedediah Smith Road conforms to the City of Temecula General Plan. BACKGROUND SUMMARY Under the" Wolf Creek. CFD 03-03, the City of Temecula constructed certain drainage improvements adjacent to Pechanga Parkway, north of Loma Linda Road. The drainage improvements consisted of a triple-box culvert system (culvert) constructed along the north side of Pechanga Parkway, north of Loma Linda Road between Pechanga Parkway and Temecula Creek. The ultimate outflow of the culvert empties into the Temecula Creek. The City CIP project title is Wolf Creek Channel Stage I — Project No. PW00-11 SD. The portion of the culvert between Pechanga Parkway and Temecula Creek was constructed within the limits of an unimproved portion .of Jedediah Smith Road right-of-way (ROW). The culvert construction was completed in December 2006. The culvert was constructed with the ultimate intention of transferring ownership of the system to the Riverside County Flood Control District (District). Prior to accepting the facilities, the District requires that the culvert lie within a drainage easement owned exclusively by the District. Because the culver is currently located within the City street ROW, the City needs to vacate the "dedication for public purposes" within the old alignment of Jedediah Smith.Road while retaining the easement for drainage and utility purposes to accommodate the District's requirements. The City would then convey the modified easement to the District by separate instrument. ANALYSIS Pursuant to Street and Highways Code Section 8310 et seq., the City may vacate its interest in a public street or portions of public streets if the City finds that such vacation conforms to the General Planand that the subject streets or portions of streets are no longer necessary for present or prospective public use. The issue before the Planning Commission concerns the findings regarding conformity with the General Plan. As indicated above.the City needs to vacate the "dedication for public purposes" within the oldalignment of Jedediah Smith Road while retaining the easement for drainage and utility purposes, then convey the easement to the District, transferring ownership of the culvert to the District. The City's General Plan provides land use designations for ail parcels within the City with the exception of streets and highways. Streets and highways are shown on the City's General Plan map but do not have land use designations given to them. Vacating the "dedication for public purposes" within the old Jedediah Smith Road and transferring ownership of the culvert to the District does not change the utilitarian purpose of the parcel and therefore a land use designation is not necessary for the said parcel, thus maintaining conformity with the General Plan. For the reasons stated above, pursuant to Government Code Section 65402 and Street and Highways Code Section 8133, staff recommends that the Planning Commission finds that the vacation of the "dedication for public purposes" within the old Jedediah Smith Road described in Exhibits "A" and "B"to the Resolution conforms to the City's General Plan. LEGAL NOTICING REQUIREMENTS A Public Notice was published in the Californian on October 25, 2012, and was posted on the project site pursuant to Streets and Highways Code Section 8317. ENVIRONMENTAL DETERMINATION • In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review pursuant to Section 15301, Class 1. The proposed street vacation is that of an existing facility and does not involve any expansion of use beyond that which currently exists. RECOMMENDATION Staff recommends that the Planning Commission confirm Finding that the street vacation of a portion of Jedediah Smith Road conforms to the General Plan of the City of Temecula and directing that this finding be forwarded to the City Council. ATTACHMENTS PC Resolution Exhibit A— Legal Description Exhibit B-Jedediah Smith Road Street Vacation Map Public Notice 2 PC RESOLUTION NO. 12- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA CONFIRMING FINDING THAT THE STREET VACATION OF A PORTION OF JEDIDIAH SMITH ROAD CONFORMS TO THE CITY OF TEMECULA GENERAL PLAN (LONG RANGE PLANNING PROJECT NO. LR12-0017) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. In December 2006, the construction of a triple-box culvert system (culvert) along the north side of Pechanga Parkway, north of Loma Linda Road between Pechanga Parkway and Temecula Creek, within an unimproved portion of Jedediah Smith Road right-of-way was completed as part of the Wolf Creek CFD 03-03. B. The . culvert is currently. located within an existing right-of-way of an unimproved portion of Jedediah Smith Road. C. The culvert was constructed with the ultimate intention of transferring ownershipof the system to the Riverside County Flood Control District (District). D. Prior to the District accepting the culver system, the District requires that the culvert lie within a drainage easement owned exclusively by the District. E. To transfer ownership to the District, the City of Temecula proposes to vacate the "dedication for public street purposes" within the unimproved portion of Jedediah Smith Road while retaining the easement for "drainage and utility proposes" then conveying the modified easement to the District. F. Pursuant to Government Code Section 65402 and Street and Highways Code Section 8313, prior to vacating the dedication for public street purposes, the Planning Commission must make a finding that the vacation conforms to the adopted General Plan. G. Streets and highways are shown on the City's General Plan map but are not given land use designations. Vacating the "dedication for public purposes" within the old Jedediah Smith Road for purposes of transferring ownership of the culvert to the District does not change the utilitarian purpose of the parcel in questions and therefore a land use designation is not necessary for the said parcel, thus maintaining conformity with the General Plan. H. Pursuant to Government Code Section 65402 and Street and Highways Code Section 8313, public notice of the proposed street, vacation was published and posted on site. The Planning Commission, at a regular meeting, considered the proposed street vacation on November 7, 2012, at a duly noticed public meeting as prescribed by law. J. At the conclusion of the Planning Commission meeting, the Planning Commission finds, in accordance with Government Code Section 65402 and the Streets and Highway Code Section 8313, that the proposed conditional street vacation of the unimproved portion of Jedediah Smith Road as described in Exhibits "A" and "B" is in conformance with the General Plan of the City of Temecula. Section 2. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review pursuant to Section 15301, Class 1. The proposed street vacation is that of an existing facility and does not involve any expansion of use beyond that which currently exists. 2 Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 7th day of November, 2012. Ron Guerriero, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY.OFTEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 12- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 7th day of November, 2012, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary 3 EXHIBIT "A" JEDEDIAH SMITH ROAD STREET VACATION That certain parcel of land situated in the City of Temecula, County of Riverside, state of California, being that portion of Rancho Temecula as shown on the map recorded in Book 1, Page 37 of Patents in the office of the County Recorder of the County of San Diego, State of California described as follows: BEGINNING at the Southeasterly terminus of that certain course having a bearing and distance of South 47°44'36" East 2543.13 feet as described in the deed to John A. Murdy Jr. and Norma L. Murdy recorded December 30, 1966, as Instrument No. 123991, in the office of the County Recorder of said County of Riverside, said certain course also being the center line of Pala Road, 60.00 feet wide, as shown on the Record of Survey filed in Book 54, Pages 89 and 90 of Record of Surveys in the office of the County Recorder of said County of Riverside; thence North 42°35'01" East, 55.00 feet to a line parallel with and distant 55.00 feet Northeasterly, measured at right angles, from said center line of Pala Road; thence along said parallel line North 47°44'36" West, 932.52 feet to the TRUE POINT OF BEGINNING, said True Point of Beginning being the beginning of a Tangent curve, concave Northeasterly and having a radius of 1945.00 feet; thence Northwesterly along said curve through a central angel of 44°13'33" an arc distance of 1501.32 feet, thence North 3°31'03" West, 564.09 feet to a point in the Northerly boundary of the land described as the "Purchase Parcel" in the deed to Edward W. Forbes and Jacqueline S. Forbes recorded December 29, 1967 as Instrument No. 115528, in the office of the County Recorder of said County of Riverside, said point being in a non-tangent curve, concave Southerly and having a radius of 2300.00 feet, a radial line to said point bears North 11°06'06" East; thence Westerly along said curve in said Northerly boundary through a central angle of 1°24'42", an arc length of 56.67 feet to an angle point in said Northerly boundary; thence along said boundary South 3°31'03" East, 335.36 feet to an angle point therein, said last mentioned angle point being a point in a curve, concave Southerly and having a radius of 1975.00 feet and being concentric with that certain curve hereinbefore described as having a • radius of 2300.00 feet; thence Westerly along said curve, in said Northerly boundary through a central angle of 1°38' 56", an arc distance of 56.84 feet to a line parallel with and distant Westerly at right angles, 110.00 feet from that certain course hereinbefore described as having a bearing of North 3°31'03" West and a length of 564.09 feet; thence along said last mentioned parallel line South 3°31'03" East, 256.69 feet to the beginning of a tangent curve, concave Northeasterly and having a radius of 2055.00 feet, said curve also being concentric with that certain course hereinbefore described as having a radius of 1945.00 feet; thence Southwesterly along said curve through a central angle of 25°23'40", an arc distance of 910.81 feet to said first mentioned parallel line hereinbefore described as being 55.00 feet Northeasterly of the center line of said Pala Road; thence along said parallel line South 47°44'36" East, 663.32 feet to the TRUE POINT OF BEGINNING. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached hereto and by this reference made a part thereof. EXHIBIT "B' TO RESOLUTION NO. 12— JEDEDIAH SMITH ROAD STREET VACATION i000 ® 0 I I to,Oiletit e O 0 \ e5 0 s ► i N co i) PARCEL 1 N. 44 �' PM 17/72 ; . N l x' .55' N y N jM: o \ o NN. A, \\ C o 42. A PARCEL 2 N. N v� © PM 17/72 N H / ..... MNI = - -. T4 a'' -s- r,. ....,,t0 O `. IL/ Ir. T.P.O.B. PARCEL .3 1" / PM 17/72 � t ° ' t. LA rn. c*t DATA TABLE N-„ N > Na BEARING/DELTA RADIUS LENGTH N pPp 01 N42°35101"E -- 55.00' ��NpP k _ 0 44°1333" 1945.00 1501.32' COMP ® NO3°31'03"W -- 564.09' ; X501 E 0 01°24'42" 2300.00 56.67' r: �q2 © S03°31'03"E -- 335.36' P.0.8. • 0 ® 01°38'56" 1975.00 56.84' 0 S03°3103 E -- 256.69' ® 25°23'40" 2055.00 910.81' ® S47°44'361- -- 197.52' © . 547°44 3fi£ -- 465.80' or THI/F, 3.u. Ey-le ' ?'''Ij.40 Public Notice �`#,"•,•••.,."aw"' A PUBLIC NOTICE has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: LR12-0017 Applicant: City of Temecula Proposal: General Plan conformity finding for a proposed Street Vacation of a portion of Jedediah Smith Road located along the north side of Pechanga Parkway, north of Loma Linda Road between Pechanga Parkway and Temecula Creek. Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15301, Class 1 Existing Facilities) Case Planner: Dale West, (951) 693-3918 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: November 7, 2012 Time of Hearing: 6:00 p.m. Iif. Ix)1111ii iiii Project Site lneage%lk j�0 Villa fill 0 %��10�t iliiiiii ormairsagg mint p0 a itrra' rooms ♦I1,airc a gs ''<, , of "��11111 Cssaa ,Y love ars-in sni. o; , 141111/ Cath 't oiw� C"+Isiverziga I'� , 're p ,fr r M_ a _i iG)`` U_a 0 250 500 h Was Yi oa ...ol..41.1 , ,, = mem Feet-\ ' The agenda packet (including staff reports) will be available for viewing in the Main.Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City's website — www.cityoftemecula.orq. Any Supplemental Material distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m.). In addition, such material will be made available on the City's website — www.cityoftemecula.orq — and will be available for public review at the respective meeting. . If you have any questions regarding any item of business on the Agenda for this meeting,. please call the Planning Department, (951) 694-6400.