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HomeMy WebLinkAbout111990 PC MinutesMINUTES OF ~ REGUL~,R MEETING OF THE PLANNING COI~ISSION OF THE CITY OF TEHECUL~ HELD NOVF~IBER 19~ 1990 A regular meeting of the Temecula Planning Commission was called to order at Vail Elementary School, 29915 Mira Loma Drive, Temecula, at 6:05 P.M. The meeting was called to order by Chairperson Dennis Chiniaeff. PRESENT: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff ABSENT: 0 COMMISSIONERS: None Also present were Assistant City Attorney John Cavanaugh, Gary Thornhill, Acting Planning Director, John Middleton, Senior Project Manager, Doug Stewart, Deputy City Engineer and Gail Zigler, Minute Clerk. PUBLIC COMMENT CHAIRMAN CHINIAEFF opened the meeting for public comment at 6:10 P.M. SAL MUNOZ, P.O. Box 3000, Temecula, commended the Commissioners on their performance as the Planning Commission for the City of Temecula. He suggested that the Commission might like to make a brief summary of their position on an item before taking the vote so that the city Council has a clear idea why an item was approved or denied. 1. MINUTES 1.1 MINUTES OF NOVEMBER 5, 1990. The Commissioners did not receive a copy of the November 5, 1990 minutes in their agenda packages. No action was taken. CHAIRMAN CHINIAEFF advised that Item No. 7 would be continued to the meeting of December 3, 1990. NON-PUBLIC HEARING ITEMS 2. FIRST EXTENSION OF TIME VESTING TENTATIVE TRACT MAP 23299 2.1 Proposal for first extension of time Tract 23299, 232 Unit Condominium project located south of Highway 79, approximately one-quarter mile west of Margarita Road. GARY THORNHILL advised the Commission that there were some pcminll/19/90 -1- 11/28/90 PL~NNIN~ COI~ISSION M~NUTES NOVF~BER L9~ ~990 discussions with the the applicant relating to this item and item No. 3 which needed to be addressed by the Assistant City Attorney John Cavanaugh. JOHN CAVANAUGH stated that the City Attorney's office had discussions with the applicant regarding the extension of time vesting for tentative tract map 23299 and the applicant provided documents to the City Attorney's office along with documents from the Riverside County Flood Control District. Based on these documents, the applicant has requested that this project be processed through as a moratorium under the Sub-Division Map Act 66452.6 B & F. John Cavanaugh stated that the City Attorney's office was in agreement with the applicant that a moratorium does exist due to the fact that the Flood Control District had issued a letter stating that because the project is along the flood plain and channel improvements are required to be proposed under the Assessment District 159 404 permits are to be issued by the Army Corp of Engineers and California Fish and Game. He stated that applications have been submitted; however, they have not been processed by these agencies. Until the permits can be issued, the Time Extension has been placed on hold. CHAIRMAN CHINIAEFF asked if the time period for the approval of the Tentative Map was put on hold and therefore has not expired until the moritorium has ended. John Cavanaugh stated that the City Attorney's office has been told that these permits are close to being issued. John Cavanaugh advised the Commission that they would be taking no action on this item at this time. PUBLIC HEARING ITEMS CHANGE OF ZONE NO. 3.1 Proposal to change the zoning of 221.2 acres of land from R-R to R-3, R-4, and R-5, located on the south side of State Highway No. 79 between Margarita Road and Pala Road. Steve Jiannino provided the staff report on this item. CHAIRNANCHINIAEFFquestioned the Deputy City Attorney on the Commission's ability to approve a zone change without an underlying plan. JOHN CAVANAUGH stated that the issue before the Commission was a request for zone change and it is the position of pcminll/19/90 -2- 11/28/90 PL~FI~NG COI~SS~ON H~NUTES NOV~ER Lg~ L990 the Commission to make a recommendation to the City Council based on the information that has been provided to them in the staff report. He added that the Commission could request that staff bring back this item with more information necessary for the Commission's approval of this item. COMMISSIONER FORD questioned the Commission's ability to approve the zone change of R-3 and R-4 with the R-5 area being held up by the moritorium. HARY THORNHILL agreed that the Commission and staff had a difficult decision. He added that the project has already begun grading based on prior approvals and, if the Commission were to deny the zone change, the applicant could not record the Tentative Map. CHAIRMAN CHINI&EFF questioned if the City was responsible for inspecting the grading on the project. Deputy City Engineer DOUH STEWART stated that the County was inspecting the grading on this project. CHAIRM~N CHINIAEFF stated that he felt that staff should provide the Commission with a copy of the approved tentative maps for this project in order for them to make a logical decision and to know that the proposals are consistent with the existing maps which were approved and are currently in effect. He suggested that the item be continued to allow staff to provide the maps on the project. HARY THORNHILL stated that the applicant proceeded with the project based on the permits that had been issued. He added that if the Commission made a recommendation to approve the re-zoning, they were essentially approving the project; however, if they made the recommendation to not approve the re-zone, then the project would be denied. CHAIRMAN CHINIAEFF opened the public hearing at 6:40 P.M. ~EX~!~DER URQUHART, 5950 E1 Camino Real, Ste. 2000, Carlsbad, representitive of Crosby Mead and Benton, representing the applicant Presley of San Diego. Mr. Urquhart stated that when Presley purchased the site they were very surprised to find that the zoning had not been finaled; however, they feel that the zoning they have proposed is within the SWAP designation and is less dense than the surrounding properties. pcminll/19/90 -3- 11/28/90 PLANNING COI~ISSION MINUTES NOVF,~BER 19~ 1990 RAY CASEY, 15010 Avenue of Science, San Diego, representative of Presley of San Diego, provided the Commission with a overall site map of the original Tentative Map and reflecting landscape areas. CHAIRMAN CHINIAEFF asked if the landscaping shown was a condition of the approved Tentative Map. RAY CASEY stated that they have approved landscape plans for the entire project from the County of Riverside, which are conditions of the Tentative Map. CHAIRMAN CHINIAEFF asked if the flood control channel issues were not resolved and the multiple family area of the project is put on moritorium, will you receive approval letters from the Army Corp of Engineers and California Fish and Wildlife for any of the other areas facing the channel. RAY CASEY stated that he understood the same issues pertained to the other areas as well. He stated that he had letters from the Army Corp of Engineers and the Assessment District saying that they were very close to issuing their approvals. LETTIE BOG~S, 31350 Rancho Vista Road, Temecula, representative of the Temecula Valley School District, addressed the Commission with the concern that there has been no school site designated within this development even though there had been a ten acre site set aside in the Environmental Impact Study. There is only one other school site that might possibly house the students generated from this development; however, that is not an geologically approved site. She stated that the mitigation fees generated from this project would build approximately one-eighth of a school needed to house students from this project. Those students would fill one-half of a school. The school district is experiencing problems with the increasing densities within the City and providing facilities to house students generated by the higher density developments. CHAIRI~,N CHINIAEFF advised Ms. Boggs that the Commission could not condition a zone change for a designated school site. LETTIE BOGGS stated that it was the School Districts understanding of the Environmental Impact Study that a school site had been set aside. pcminll/19/90 -4- 11/28/90 PL~'N?N~ COI,~'S~'ON MINUTES NOVENtER L9~ L990 RAY CASEY stated that they had preliminary discussions with the school district and had discussed the possibility of providing excess school mitigation fees through the Mello-Roos. COMMISSIONER HOAGLAND expressed concern that the project was this far along and still had many unresolved issues such as the school site allocation and the flood control channel being included in the gross acreage of the project which is unusable land. COMMISSIONER FAHEY questioned if there was any way that the Commission could address the school site through the conditions. GARY THORNHILL stated that they could not condition the project for an allocated school site. He stated that the county had already approved the project. COMMISSIONER BLAIR asked the applicant what they were proposing to do to mitigate the school issue. RAY CASEY stated that they would be willing to pay additional fees and paying their school mitigation fees up front which could possibly help complete schools in the surrounding projects sooner. CHAIRNAN CHINIAEFF asked the Assistant City Attorney if the applicant had started their grading based on the approvals they had received from the County and the City chooses to lower the density, would the City be placed in any jeopardy. JOHN CAVANAUGH advised the Commission that they should be looking at the re-zone notwithstanding the progress that has been made, and determine if this zone change request is feasible. CHAIRNAN CHINI&EFF expressed concern for the City's liability if the developer was not able to build their project. JOHN CAVANAUGH advised the Commission that the determination the Commission is making would be based on solid legal grounds and that the City was placed in this position after the fact. COMMISSIONER HOAGLAND stated that the staff report report reflected that the Tentative Map called for the improvement of the bridge at Pala Road which was to be pcminll/19/90 -5- 11/28/90 PLANNING COMMZBSZON MZNUTE8 NOVEMBER ~9~ ~990 completed by Assessment District 159; however, he understood that Assessment District 159 would no longer be constructing those improvements. He also questioned the proposed traffic mitigation which included signalization of an intersection. He asked staff which intersection that referred to. DOUG STEWART stated that Assessment District 159 was no longer completing the improvements to the bridge at Pala Road. He asked Kirk Williams to address the issue of the traffic signals before explaining what was being proposed for the bridge construction. KIRK WILLIAMS stated that Tentative Map 23267 would be required to put in the signal at the new alignment of Pala Road and Highway 79 after the bridge is built. He added that for Tentative Map 23267, they working with the applicant's traffic engineer for signalization of the on and off ramps at Highway 79 and Pala Road, Highway 79 and Pala Road and Highway 79 and Loma Linda. For Tentative Map 23299, the applicant would be required to put in signals at Highway 79 and Lime Street and Highway 79 and Margarita Road. DOUG STEWART stated that there were many discussions at this time between the staff, County, and the applicants of Murdy Ranch. He stated that there are two possibilities: one being that the bridge may be included in a supplemental assessment district for the Murdy Ranch project; the other being that when Murdy Ranch comes before the Council, it will be conditioned to enter into a Reimbursement Agreement with the City and the Murdy Ranch Specific Plan would be required to build the bridge and they would be reimbursed from adjacent developments for contribution for the need of the bridge. COMMISSIONER HOA~LAND stated the staff report reflected that the bridge would be constructed before any occupancy of these projects. DOU~ STEWART stated that he does not believe the projects are conditioned for completion of the bridge prior to occupancy; however, the Engineering Department intended for this to be a condition when the extension of time came before the Commission. He added that the traffic study and the environmental impact study required the bridge be in place. COMMISSIONER FAHEY moved to close the public hearing at 7:05 P.M. and continue Change of Zone No. 5 to address the issue of adequate school mitigation and the report pcmin11/19/90 -6- 11/28/90 PLi~TNING COMMISSION H~NUTES NOVEMBER ~91 ~990 from the Army Corp of Engineer as well as California Fish and Game and the issue of the completion of the bridge at Pala Road, seconded by COMMISSIONER FORD. COMMISSIONER HOAGLAND expressed a desire to see how the zoning fits with the Tentative Maps to form a unified project. COMMISSIONER FORD added that he felt the southern portion of the project could move ahead once the flood control issue was approved. The motion carried unanimously. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None 4. CONDITIONAL USE PERMIT NO. 7 4.1 Proposal for motorcycle sales in an existing commercial building located at the northeast corner of Ynez Road and Solana Way. Steve Jiannino provided the staff report on this item. He advised the Commission that staff had added a condition that there be no outdoor sales or storage or motorcyles, etc., at this facility. CHAIRMAN CHINIAEFF opened the public hearing at 7:15 P.M. HOWARD LEVY, 853 S. Spaulding Drive, Los Angeles, applicant, expressed his concurrence to the conditions of approval and added that the facility would include the repair of boats and outboard engines. COMMISSIONER CHINIAEPF clarified with the applicant that there would be no outdoor sales or storage at this facility. COMMISSIONER FAHEY moved to close the public hearing at 7:20 P.M. and adopt Resolution No. 90-(next) approving Conditional Use Permit No. 7, seconded by COMMISSIONER HOAGLAND and carried as follows: AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None pcmin11/19/90 -7- 11/28/90 PL~-LqZN~ COI'~Z88XON ~XNUTE8 NOVEI'LBER 19, L990 PLOT PLAN 18 AND LOT LINE ADJUSTMENT NO. 9 5.1 Proposal to construct a 46,613 square foot shopping center on a 5.1 acre site located at the northwest corner of Rancho California Road and Lyndie Lane. OLIVER MUJICA provided the staff report on this item. He indicated that the proposal is for the construction of the retail site (Building C) and the building pads for the bank (Building B) and the restaurant (Building A). The recommendation would be for the approval of the site design layout and the construction of Building C. Staff also recommends when the development for Building A and B is submitted, the applicant file a Plot Plan application so that they can be reviewed. He stated that although the Traffic Engineering Department has indicated they have no problems with the drive-thru facility at the proposed bank, staff sees some potential problems and would like to review the detailed plans of the building along with a traffic study. He added that the code requires four loading spaces for the overall development and the applicant is proposing one loading space. After discussion with the applicant about the type of deliveries they will be receiving, staff has determined that the four loading spaces should be provided, possibly using some of the other parking spaces. KIRK WILLIAMS stated that Transportation Engineering has reviewed the site and determined that there is no major reason for concern with the access/egress of the proposed drive-thru location. They do concur that when the plot plan is submitted, they would like to look at it to ensure there is no problem. He added that the location of the loading docks does not appear to propose any problems. COMMISSIONER HOAGLAND questioned the requirements of Condition No. 29. JOHN MIDDLETON stated that this was a standard condition. off-site requirements. GARY THORNHILL indicated that he didn't believe there were any off-site improvements required and this condition could be deleted. KIRK NILLI/%MS stated that there would be some additional off-site work required on Rancho California Road, as a result of the Lyndie Lane and Rancho California Road intersection, engineering is requiring a operational signal resulting in off-site improvements on the south side of Rancho California Road. DOUG STEWART added that this site was in the benefit pcminll/19/90 -8- 11/28/90 PL~'NING COI~fi,~ISSION MINUTES NOVEHBER Lgv ~990 reimbursement district for Margarita Village Development Company would be doing the street improvements and the applicant would be constructing the signals. CHAIRMAN CHINIAEFF questioned if the project was conditioned to construct a landscape median. KIRK WILLIAMS stated that there was a Engineering Department condition that a median be constructed. CHAIRMAN CHINIAEFF questioned if the applicant was paying any mitigation fees for the ramp signals at Highway 15 and Rancho California Road. KIRK WILLIAMS stated that they would be paying signal mitigation fees. DOUG STEWART stated that the Margarita Village Development Company was already conditioned to complete those improvements; however, they were conditioned to pay signal mitigation fees and capital improvement fees. CHAIRMAN CHINIAEFF opened the public hearing at 7:30 P.M. MARK ASPENSON, Winchester Development, 41530 Enterprise Circle South, Suite 206, Temecula, developer of the project. He stated that they were building the median on Rancho California Road and they were designing and improving the signal at Lyndie Lane and Rancho California Road. He addressed some concerns about the height of the wall behind the project and indicated that they had planned extensive landscaping for this area. He stated that they are willing to work with staff to address any concerns they have. COMMISSIONER HOA~LANDasked if the area behind the retail building was a walk way. MARK ASPENSON stated that this was a loading area. COMMISSIONER FORD questioned the lighting and landscaping proposed for the back side of the walls and the irrigation. He expressed a concern for run-off and suggested a drip system. MARK ASPENSON stated that they had submitted a conceptual landscape plan and would be willing to work with staff. ~RY THORNHILL added that the applicant will be required to submit a final landscape plan. pcmin11/19/90 -9- 11/28/90 PL~'rN~ CO~,~'SS~'ON MTNUTES NOVF, MBER L9, :1.990 COMMISSIONER FORD also questioned a lighting plan for the back side of the building so as not to interfere with the nearby residential area. MARK ASPENSON stated that they would be required to use low pressure lights due to the Palomar Observatory Ordinance. GARY THORNHILL suggested enhancing Condition No. 7 indicating all lighting will be hooded or directed away from neighboring residents. CHAIRMAN CHINIAEFF stated that he would like the applicant to utilize some taller specimen trees along the back side of the building to softer the height of the building. He also questioned their sign proposal. MARK ASPENSON again stated that they were willing to work with staff to address all of the Commission's concerns and that a sign program would be coming under a separate proposal. COMMISSIONER FORD expressed a desire to see the wording on Condition No. 1 to read "for a proposed 6,500 square foot restaurant and a proposed 4,831 square foot bank". GARY THORNHILL advised the Commission that there are no approvals for the proposed buildings A and B and the applicant will have to come back to the Commission with the Plot Plans. MARK ASPENSON indicated that they had not received a copy of the Conditions of Approval. GARY THORNHILL asked if the agent or the applicant had received a copy of the Conditions. MR. ASPENSON stated that they had not received them. The Commission agreed to take a ten minute recess to allow the applicant to review the Conditions of Approval. CHAIRMAN CHINIAEFF declared a ten minute recess at 7:50 P.M. The meeting reconvened at 8:00 P.M. MARK&SPENSON expressed concurrence with the Conditions of Approval as presented. GARY THORNHILL stated that while the applicant is providing 286 parking spaces on the site plan there is a condition to provide four loading spaces, which allows them flexibility to convert six of those spaces into pcminll/19/90 -10- 11/28/90 PL~NNIN~ COI~SS~ON HI~UTES NOVEI~ER ~9, L990 three loading spaces; also, he recommended amending Condition No. 18 to not allow outdoor storage as follows: Add a sentence stating no outdoor storage or trash except in the designated containers provided on the site plan. COMMISSIONER FORD moved to close the public hearing at 8:10 P.M. and adopt Negative Declaration for Plot Plan No. 18 and adopt Resolution No. 90-(next) approving Plot Plan No. 18 and Lot Line Adjustment No. 9 including modifications of Condition No. 1 to read "proposed 6,500 square foot restaurant and proposed 4,831 square foot bank" and Condition No. 18 to include a statement indicating no outdoor storage or trash except the designated trash containers, seconded by COMMISSIONER FAHEY and carried unanimously. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None CONDITION~., USE PEI~IT NO. S/PLOT PLaN 6353 REVISED PEI~IT Proposal to convert an existing theater into a tire sales and auto repair use located at 27415 Jefferson Avenue in the Winchester Square shopping center. STEVE JIANNINO provided the staff report on this item. He stated that staff's recommendation is for overhead doors limited to the rear of the building. He stated that with re-design the applicant could utilize stacking. CHAIRMAN CHINIAEFF opened the public hearing at 8:15 P.M. JACK HUNTER, 900 W. Alameda Avenue, Burbank, representing Winston Tire Company, requested the Commission approval of the project as proposed which includes two overhead doors at the front of the building. He stated that they were in opposition to Condition No. 10 which restricted the overhead doors to the back of the building. He said that limiting the access to the rear of the building would decrease their efficiency by 30%. CHAIRMAN CHINIAEFF questioned storage of down vehicles and used tires. MR. HUNTER stated that these are stored inside the building. JIM BORDEN, 422 Calle Vista Torito, San Clemente, pcmin11/19/90 -11- 11/28/90 PLANNIN~ CONMISSION MINUTES NOVENBER 19~ L990 representing Safelite Glass Company, who is proposing to lease a portion of this building, spoke in opposition of limited rear entrance doors only. He stated that it was corporate policy to lease space that gave them front and rear access and they are looking at this condition in considering this lease property. DAN PERLMUTTER, 610 Newport Center Drive, Suite 1490, Newport Beach, property manager for the center. He stated that they have had a difficult time finding a suitable tenant and were looking at a restaurant and a recreation center at one time. He stated that he felt that the Winston Tire store would be a good tenant for the building and feels that the front bays would have no adverse effects on the center. He added that this particular portion of the center is essentially dead and other tenants of the center have encouraged the conversion of the theater into the auto tire and glass shops. COI, DflSSIONER CHINIAEFF asked Mr. Perimutter if they would consider lowering the sign on the building to below the eve line. MR. PERLMUTTER indicated that they would be willing to consider that. DAVID LOWRY, 27349 Jefferson Avenue, Suite 206, Temecula, owner of the shopping center adjacent to Winchester Plaza spoke in support of the proposed conversion of the theater and suggested that the Commission look at improving the landscape islands to shield the overhead doors at the front of the building. BOB THOMPSON, 27443 Jefferson Avenue, Temecula, veterinary tenant at the center located about four doors down from the vacant theater spoke in favor of the proposed use of the building. JIM FR2~, 27495 Jefferson Avenue, Temecula, tenant of the center Sun City Optical, spoke in favor of the proposed conversion of the theater into the auto tire and glass shop and stated that had no problem with overhead doors at the front of the building. MIKE GRAY, Riverside County Fire Department, advised the Commission that the rear alley was an emergency fire road and there could be no cars parked which would restrict their access. He indicated that he could foresee problems if the access to the building is limited to the rear pcmin11/19/90 -12- 11/28/90 PL~N~N~ CO~'~SS~ON ~NUTES NOV~ER ~9~ ~990 doors and that he would like to see a condition restricting rear parking. COMMISSIONER HOAGLAND recommended closing the access to through traffic at the front of the building and utilize 3 or 4 spaces on the south side of the first island to enlarge that island. DAN PERLMUTTER expressed a desire not to eliminate any parking spaces and suggested one-way traffic in front of the tire store. MIKE GRAY stated that they could not make a one-way lane unless there was a way to re-route the traffic. GARY THORNHILL stated that staff's main concern would be with the view and they could enhance the landscape planters without closing any traffic lanes. CHAIRMAN CHINIHEFF asked if the fire department would accept closing off the front of the building to through traffic. MIKE GRAY stated that they would have no problems with that. GARY THORNHILL expressed concern for closing off this area and suggested enhancing the landscaping in front of the building as well as the landscape planters. COMMISSIONER HOAGLAND moved close the public hearing at 9:00 P.M. and adopt Resolution No. 90-(next) approving Revised Permit Plot Plan No. 6353, Winchester Square, deleting Condition No. 10 as submitted by staff and adding a new Condition No. 10 requiring the applicant to submit a landscape plan to staff that would include screening of the building and applicant and staff coordinate with the traffic and fire departments to see if there is any need to mitigate traffic safety measures for the front of the building and add Condition No. 11 ensuring no parking in the rear alley, seconded by COMMISSIONER FAHEY. COMMISSIONER BLAIR added that she would like to see the landscape planter extended. COMMISSIONER HOAGLAND remained with his motion but emphasized the Commission's intent to see the front of the building closed to through traffic unless not acceptable to the fire and traffic departments and pcminll/19/90 -13- 11/28/90 PLi~TIIING COIO&ISSION HZNUTE8 NOVEHBER 19, 1990 that staff address the landscaping of this area with the applicant. The motion carried as follows: AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None 7. PLOT PLAN NO. 179 7.1 Proposal to construct a 57,102 square foot industrial/ office building on a 4.5 acre site located at the southwest corner of Rio Nedo and Tierra Alta Way. COMMISSIONER HOAGLAND moved to continue this item to the regular meeting of the Planning Commission on December 3, 1990, seconded by COMMISSIONER FAHEY and carried as follows: AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None 8. TRACT MAP 26549 AND PLOT PLAN 10864 8.1 Proposal to construct a 260 townhouse development on 22.22 acres located south of Rancho California Road, East of Moraga Road. OLIVER MUJICA provided the staff report on this item. He stated that there was a drainage issue and the applicant has proposed to drain towards Rancho California Road and the southerly portion of the property is proposed to drain to the southwest corner of the project. He added that the applicant will be required to obtain the proposed storm drain as well as oversizing the drainage structures to divert the run-off from other properties to the storm drain. He also stated there was an issue that the school district wanted to address relating to an unimproved pedistrian walkway within the project to be utilized by children walking to Vail Elementary School. He stated that the school district has been in contact with SCE and property owners to the south and the flood control district to acquire the necessary easements. The applicant is proposing a ten foot wide easement along the westerly property line which would extend from Moraga Road along the southerly property line and end at the adjoining pcminll/19/90 -14- 11/28/90 PL~NNIN~ COI,~ON ~NUTE~ NOVEMBER L9~ L990 southerly property. He added CSD was not prepared to indicate if they were willing to accept this area or an easement. He stated that Condition No. 25 of the Plot Plan approval did not apply, and should be deleted, and added to staff responses to Environmental Analysis, No. 11, should indicate under SWAP it would be permitted to have 365 units. JOHN MIDDLETON stated that they were adding Condition No. 22B to Tentative Map No. 26549 and 77B to Plot Plan No. 10864 stating that, in the event the improvements to the south side of Rancho California Road have not been completed by the Margarita Village Benefit District prior to occupancy, the developer shall construct these required off-site improvements. COMMISSIONER HOAGLAND questioned the condition requiring the applicant to obtain a drainage easement prior to recordation of the final map and what would result if the applicant could not get the easement. JOHN MIDDLETON stated that the applicant could not record their map. COMMISSIONER EO&GLANDasked for clarification of Condition No. 39. JOHN MIDDLETON stated that staff has been working with the applicant's engineer to restrict as much drainage to the south as possible and direct flow to the southwest corner by way of a drainage system. They had been discussing a sump system to do this. The engineer is now proposing two storm drain systems, one on the private drive, oversized by 50% and another system on the south property line running down to the southeast corner. COMMISSIONER HOAGLAND commented that staff should review Condition No. 9 of the Plot Plan. He suggested that the parenthesis from aspbaltic to base should be deleted as well as the remainder of the paragraph beginning with "decomposed". Commissioner Hoagland also asked for clarification of Condition No. 26. OLIVER MUJICA stated that the first set of parenthesis should have been commas'. CHAIRMAN CHINIAEFF questioned if there will be a signal at "A" Street and if there will be road improvements to Via Las Colinas. pcmin11/19/90 -15- 11/28/90 PLAI(N~N~ C0~88~ON ~NUTE8 NOVF, MBER ~9~ 1990 KIRK WILLIAMS stated that there would be a right-in and right-out signal at "A" Street. He explained that the main course of traffic would be through Rancho California Road and Morago and Via Las Colinas would carry a small amount of the main traffic. COMMISSIONER FAHEY questioned if there was any report on the needs of the community for multiple family dwellings and what could be expected from a study of this type. GARY THORNHILL stated that the Lightfoot study would address this and that it would recommend a fee structure. CHAIRMAN CHINIAEFF opened the public hearing at 9:30 P.M. LETTIE BOGGS, Temecula Valley Unified School District representative, stated that the School District is in disagreement with the Environmental Assessment that there is no impact from this project to the schools. She stated that the area where this project exists has been zoned for high density housing, which causes a problem for the schools which would have to house the students generated from this project. She also stated that there was no safe route to walk from this project to the schools and would recommend that the developer provide a public trail through the SCE easement. She stated that they contacted all the adjacent property owners. Mr. Boyd and SCE were agreeable to provide a foot path through their properties as well as Flood Control's approval. Mr. Oder, another adjacent property owner, stated that he would agree to allow the foot path along his property; however, he wanted the flooding of the creek addressed. She stated that the City is willing to discuss accepting this within the City's trail system. The City Engineers have stated that it will be difficult to mitigate the creek issue which supports Mr. Oder's flooding issue. She also stated that although this project was in walking distance of two schools, they would have to bus students to other schools. LARRY MARKHAM, Markham & Associates, 41750 Winchester Road, Temecula, stated their concurrence with staff's conditions and they are prepared to dedicate the strip of land required by the school district for the foot and bike path. He explained the route of the drainage system, one along the southerly road system and also along the southerly property line. He stated that once they get to the southerly corner of the property they have the option of going down the Oder property or pcminll/19/90 -16- 11/28/90 PLANN~N~ C0~88~0N ~INUTE8 NOVEMBER ~9~ ~990 the Summer Breeze property to get to the creek, and they are still reviewing this. CHAIRMAN CHINIAEFF questioned if there would be any on-site trash enclosures. LARRY MARKHAM stated that each homeowner would be responsible for trash containers. CHAIRMAN CHINIAEFF questioned the Engineering Condition requiring that medians being built on Rancho California Road. LARRY MARKHAM stated that if SP199 did not build them then they would be conditioned to complete those improvements. DOUR STEWART stated that SP199 would not be building the medians. LARRY MARKHAM commented, with regards to the Oders, that the have agreed to go to 50% over-bulking of the flood drains. COMMISSIONER FORD questioned a phased development plan. He was concerned with the improvements of Rancho California Road being done in off hours construction so that the public is not affected and also the need for a phased construction plan for this project. DOUR STEWART stated that the improvements to Rancho Califoria Road are being considered for night-time improvements. Phased construction would be based on staff approval and the applicant would have to get a phased map. gARY THORNHILL stated that there was no requirement for phased construction. LARRY MARKHAM stated that they would agree to phased construction of the project. SALLY HORN, 41540 Winchester Road, Temecula, spoke in favor of the project and the need for affordable housing for homebuyers. ROBERT L. ODER, 29911 Mira Loma Drive, Temecula, stated that he is very pleased with the progress this project has made; however, he is still concerned with the proposed drainage of this project. He provided staff with pictures pcminll/19/90 -17- 11/28/90 PL~NING COMMISSION MINUTES NOVEMBER 19v 1990 of flooding to his property as a result of flooding of the creek. He stated that he felt the proposed drainage is incompatible with the proposed density of this project. He expressed a concern for the density of this project and stated that he would like to see the project restricted to a condomium project so that in the future it could not be sold and bought to be converted to a apartment complex. ROBERT J. ODER, 29911 Mira Loma Drive, Temecula, also addressed the Commission with his concerns that the drainage of the project has not been properly addressed, in relation to his project Summer Breeze Apartments. ROBERT L. ODER also stated that he felt the proposed path along the creek and the SCE easement is a proposed safety hazard. He stated that he felt that the flooding of the creek has not been properly addressed. T~h~R~ STEIN, 2049 Century Park Boulevard, Los Angeles, attorney for the Oders' stated that she feels her clients of addressed their concerns and would like staff and the Commission to look at all of these issues before sending this project on to the City Council for their approval. CHAIRMAN CHINIAEFF questioned if the Oders' were opposing improvement to this site. T~ STEIN stated that her clients were not opposed to development, they just wanted to see quality as well as sensitive grading. LARRY M~RKHAM stated that the issues that have been addressed by the Oders' is better suited for the final map stage. He stated that if there was some drainage that was not being addressed it would be addressed. He stated that they are willing to work with the school district and the Oders' between now and the City Council's approval. COMMISSIONER HOAGLANDquestioned if the City would be held liable if there was flooding resulting from this project. JOHN CAVANAUGH agreed that the possibility did exist. GARY THORNHILL stated that he would feel more comfortable with revising the Environmental Assessment to ensure that all issues are reviewed and proposed that the Commission continue this item to the next meeting. pcmin11/19/90 -18- 11/28/90 PLANNING COMMISSION MINUTES NOVEMBER 19# 1990 COMMISSIONER BLAIR moved to leave the public hearing open and continue Tract Map 26549/Plot Plan 10864 to the meeting of December 3, 1990, seconded by COMMISSIONER HOAGLAND and carried as follows: AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None 9. PARCEL MAP NO. 25599 9.1 Proposal to subdivide a 4.31 acre commercial parcel into two parcels in the auto center located at 41872 Motor Car Parkway. SANDRA FINN, Markham and Associates, 41750 Winchester Road, Temecula, stated that the applicant is in concurrence with the staff report and the conditions of approval. CHAIRMAN CHINIAEFF asked if any modular unit was proposed for the project. SANDRA FINN stated that there was no modular proposed. COMMISSIONER HOAGLAND questioned the disagreement regarding the CC&R's. SANDRA FINNstated that the underlying Plot Plan approved the use. The have halloted the other property owners for their approvals and they feel that they will receive their concurrence. COMMISSIONER FAHEY moved close the public hearing and adopt the Negative Declaration for Parcel Map No. 25599, adopt Resolution No. 90-(next) and approve Parcel Map No. 25599, seconded by COMMISSIONER HOAGLAND and carried as follows: AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None 10. PLANNING DIRECTOR REPORT 10.1 GARY THORNHILL stated that the Lightfoot Study results will be presented to the City Council on December 4 and pcminll/19/90 -19- 11/28/90 PLANNING COI,~ISSION MINUTES NOV~ER L9t 1990 the City will be conducting interviews for the General Plan consultant on December 8. OTHER BUSINESS CHAIRH~NCHINI&EFF questioned if a representative from the Commission go to the City Council to present their views on the two items up for appeal that had been denied by the Commission. ADJOURNMENT CHAIRMAN CHINIAEFF adjourned the meeting at 10:30 P.M. The next regular meeting of the Planning Commission will be held on December 3, 1990, 6:00 P.M., Vail Elementary School, 29915 Mira Loma Drive, Temecula. ~airman, Dennis Chln~aeff ~ -- S~cretary pcminll/19/90 -20- 11/28/90