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Home My WebLink About111896 PC Minutes MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION NOVEMBER 18, 1996 A regular meeting of the City of Temecula Planning Commission was called to order on Monday, November 18, 1996, 6:05 P.M., at the Rancho California Water District Board Room, 42135 Winchester Road, Temecula, California. Co-Chairman Slaven presiding. PRESENT: Miller, Slaven, Soltysiak, Webster ABSENT: Fahey Chairman Fahey was present at 6:12 P.M. Also present were Planning Manager Debbie Ubnoske, Assistant City Attorney Rubin D. Weiner, Principal Engineer Ron Parks, Senior Planner Dave Hogan, Associate Planner Matthew Fagan, Assistant Planner Craig Ruiz, Assistant Engineer Anna Bostre-Le, and Minute Clerk Pat Kelley. PUBLIC COMMENTS Co-Chairman Slaven called for public comments on non-agenda items at 6:07 P.M. speak. COMMISSION BUSINF~ 1. There were no requests to Approval of Agenda It was moved by Commissioner Miller and seconded by Commissioner Webster to approve the agenda. The motion carried as follows: AYES: 4 COMMISSIONERS: Miller, Slaven, Soltysiak, Webster NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Fahey Approval of Minutes September 30, 1996 Minutes It was moved by Commissioner Miller and seconded by Commissioner Soltysiak to approve the minutes of September 30, 1996, with the following amendments: Page 2, 6th paragraph - change helpfully to helpful. R:\PLANCOMM\MINUTES\1996\ll1896.PC 12/23/96 klb 1 PI.ANNING COMMISSION NOVEMBER. 18, 1996 Page 3, 7th paragraph - Commissioner Miller asked to have the paragraph broken between his question and Mr. Gallaher's response. Page 9, 2nd paragraph - add ...not mentioned. The motion carried as follows: AYES: 4 COMMISSIONERS: Miller, Slaven, Soltysiak, Webster NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Fahey October 7, 1996 Minutes It was moved by Commissioner Miller and seconded by Commissioner Soltysiak to approve the minutes of October 7, 1996, with the following amendment: Page 6, 1st paragraph, 1st sentence ...planters with st~ outs... The motion carried as follows: AYES: 4 COMMISSIONERS: Miller, Slaven, Soltysiak, Webster NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Fahey October 21, 1996 Minutes It was moved by Commissioner Miller and seconded by Commissioner Soltysiak to approve the minutes of October 21, 1996, as written. The motion carded as follows: AYES: 4 COMMISSIONERS: Miller, Slaven, Soltysiak, Webster NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Fahey Director's Hearing Case Update Planning Manager Debbie Ubnoske reported a Taco Bell Restaurant at Ynez Road and Winchester Road was approved since the Commission's November 4, 1996, meeting. Amend the City's Development Code with respect to F~lucational Institutes and Day Care Facilities in Industrial Area.q in the City of Temecula Senior Planner Dave Hogan presented the staff report. R:\PLANCOI,~4\MINUTES\1996\ll1896.PC 12/23/96 klb 2 PLANNING COMMISSION NOVRMBER 18, 1996 Commissioner Webster asked why religious institutions with day care are not to be permitted in BP zones. Mr. Hogan replied the Development Code does not permit private day care centers in BP zones, therefore, other types of day care should not be permitted. Schools are conditionally permitted due to the older age of the children. Commissioner Soltysiak stated it is his understanding the proposal will allow existing schools to continue, but not expand their facilities. Mr. Hogan replied that is correct; improvements within their existing area are permitted. Chairman Fahey opened the public hearing at 6:20 P.M. Larry Markham, 41750 Winchester Road, Suite L, Temecula, representing Coop Properties, stated the issue is a school/day care center's proximity to a facility with an obnoxious use. Criteria as to what uses are onerous for the schools to be near should be developed while keeping the existing facilities as conditional use. He also stated due to the lateness of the notices sent to tenants and owners, it is not fair to make a decision at this time as this is an important issue to their ongoing operation. Commissioner Webster asked if Mr. Markham believed day care should be conditionally permitted in BP zones. Mr. Markham stated he does not see any problem with day care in BP zones. He explained LI zones are fairly well restricted as far as uses and the uses that are of concern could be easily determined. He suggested restrict uses around specifics be restricted rather than in general. Max Harrison, 41975 Winchester Road, Temecula, representing Westside Business Center, owners of 95 % of the undeveloped Business Park area, stated there is not a day care facility in this area and working mothers having to fight traffic to get to the other side of town will be a hindrance. He stated a number of providers have asked about parcels suitable for day care in the LI areas. He stated his opposition to any change in the use of property. Chairman Fahey closed the public comment section at 6:27 p.m. Commissioner Slaven stated day care centers provide a service in a heavily employment area and this proposal will hinder the growth of existing businesses. She noted her desire to hear from people directly affected and also what the City's emergency coordinator has in the way of emergency plans. She stated it does not matter if day care is private or church-affiliated. Chairman Fahey asked staff to clarify the type of uses that could present a public hazard in LI and BP zones. Mr. Hogan stated any business that handles toxic materials; i.e., chemicals used for computers; fuels for welding; chemicals for electronics. Commissioner Slaven asked if staff was aware of any business that decided not to come to the area because permits could not be obtained due to a school in close proximity. Mr. Hogan replied he was not aware of any business not moving here because of the schools, but believes school location can be a factor. Air quality operation permits have limitations because schools are considered a sensitive receptor and an operation adjacent to a school could have trouble getting an emission permit. R:\PLANC~\MINUTE$\1996\ll1896.PC 12/23/96 klb 3 PLANNING COMMISSION NOVEMBER 18, 1996 It was moved by Commissioner Slaven and seconded by Commissioner Soltysiak to continue this item to the December 2, 1996 meeting, to keep the public heating open, to notice owners and tenants of existing facilities with sufficient time for response, and to determine if the emergency coordinator has a plan for potential disasters. Commissioner Miller remarked notice should also be given to undeveloped LI owners who will be significantly impacted. Chairman Fahey stated she did not agree with continuing this item, believes notices were sent in sufficient time for response, and does not believe the emergency coordinator is going to impact the Commission's decision. The motion failed as follows: AYES: 2 NOES: 3 ABSENT: 0 COMMISSIONERS: Slaven, Soltysiak COMMISSIONERS: Fahey, Miller, Webster COMMISSIONERS None Commissioner Soltysiak inquired about the probability of hazards becoming a major problem in our economic development and what size building triggered staff's sense of problems. Mr. Hogan replied he was unable to give a probability. Chairman Fahey stated size of a facility is not the issue, it is the activity and materials used in the business. It was moved by Commissioner Miller and seconded by Commissioner Webster to adopt Resolution No. 96-Next recommending that the City Council approve an ordinance entitled "An Ordinance of the City Council of the City of Temecula Amending Chapter 17 of the Temecula Municipal Code Regarding Minor Changes to the Commercial/Industrial Land Use Matrix." Commissioner Webster recommended religious institutions with day care and private day care centers be conditionally permitted in BP zones, and the Development Code so amended. Commissioner Miller amended his motion to add religious institutions with day care and private day care centers be conditionally permitted in BP zones. City Attorney Rubin Weiner suggested deleting "ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE TEMECULA" and the word "MINOR" from the title of the ordinance and in the text. Commissioner Slaven reiterated that the motion means the two schools and one day care center now located in a LI area cannot increase the size of their facilities or their services. Commissioner Webster replied they do not have to shut down their business, they just cannot increase their size, and the public safety risk is overwhelming. R:\PLANCOS~q\MINUTES\1996\ll1896.PC 12/23/96 klb 4 PLANNING COMMISSION NOVI~MBER 18. 1996 Commissioner Soltysiak asked if an analysis on the probability of a toxic-type business being located in close proximity to the existing schools could be undertaken and the result determining whether those businesses could be grandfathered in and allowed to expand is possible. Ms. Ubnoske stated such an analysis and determination would be difficult. Commissioner Soltysiak questioned why the businesses are not allowed to expand since they already exist. Ms. Ubnoske replied ordinance structure and the City's definition of non-conforming uses does not permit any expansion. The motion carried as follows: AYES: 3 NOES: · 2 ABSENT: 0 COMMISSIONERS: Fahey, Miller, Webster COMMISSIONERS: Slaven, Soltysiak COMMISSIONERS None 5. Planning &pplication PA96-07.66 - Specialty Metals Industry Associate Planner Matthew Fagan presented the staff report. Commissioner Miller asked where the two street lights are being relocated. Assistant Engineer Annie Bostre-Le stated they were moved five (5) feet away from the driveway. Commissioner Miller asked about the size of the Canary Island Date palms. Mr. Fagan stated he believes they will be 15'. Commissioner Soltysiak had the following questions regarding the Conditions of Approval: No. 14 - is this a new condition. Mr. Fagan replied a, b, c, and d were added to clarify staff requirements. No. 39 - isn't there a cutoff of five acres. Ms. Bostre-Le replied with the site being 3.18 acres, a Notice of Intent is required to be fried for each plot plan. No. 42 - why require a drainage study in an area which already has the infrastructure. Ms. Bostre-Le stated they were maldng certain the runoff is dealt with by allowable standards. Commissioner Soltysiak questioned if curb outlets are standard for these type of facilities as the proposed Design Guidelines allow alternate means of draining. Principal Engineer Parks stated these are established standards, but if driveway draining is allowed by the Design Guidelines, standards will change. He noted, there is a safety hazard with landscape water draining in driveways. Staff should relook at this and come back with a recommendation. Chairman Fahey opened the public hearing at 7:05 P.M. R:\PIANCOMM\MINUTES\1996\ll1896.PC 22/23/96 klb 5 PLANNING COMMISSION NOVF~MB~R ! 8, 1996 Bernard Haverly, 1701 S. Vineyard, Suite G, Ontario, architect for the project, stated the date palms are intended to be 25 to 30 feet high. Commissioner Webster asked why 5-gallon shrubs are being used and if vines are planned for the six foot retaining wall on the northwest comer. Mr. Havefly replied the shrubs were for variation and texture as the landscaping theme is desert and no vines are planned. Paul Benevides, 30525 Greenbrook Place, Canyon Lake, owner of Specialty Metals, stated he presently employs 15 people, but plans to expand within the next five (5) years. His company distributes metals - copper, brass, nickel and silver -- sells to manufacturers, and also does light assembly. They are locating in Temecula to enhance their ability to serve the San Diego market. Bill Dendy, 41975 Winchester Road, Temecula, stated he strongly encourages this type of industry in Temecula. Chairman Fahey closed the Public Comment section at 7:12 P.M. Commissioner Webster suggested eliminating the five (5)-gallon willow trees, keeping the mix of 15- gallon and 24" box trees even, and adding vines to cover northwest comer retaining wall. It was moved by Commissioner Miller and seconded by Commissioner Slaven to adopt the Negative Declaration for Planning Application No. PA96-0266; to adopt the Mitigation Monitoring Program for Planning Application No. PA96-0266; and to adopt Resolution No. 96-Next recommending approval of Planning Application PA96-0266 based upon the Analysis and Findings contained in the Staff Report subject to the attached Conditions of Approval, modify the landscape plan with a mixture of 15-gallon and 24-inch box willow trees, and to close the public heating. The motion carried as follows: AYES: 5 NOES: 0 ABSENT: 0 COMMISSIONERS: Fahey, Miller, Slaven, Soltysiak, Webster COMMISSIONERS: None COMMISSIONERS None Chairman Fahey called a recess at 7:15 P.M. The meeting was reconvened at 7:25 P.M. Planning Application No. PA96-0106 (Toning Amendment, Specific Plan - Paloma del Sol); Planning Application PA96-0107 (General Plan Amendmen0; Planning Application No. PA96-0108 (Revised Vesting Tentative Tract Map No. 24184); and Planning Application No. 96-0114 (Revised Vesting Tentative Tract Map No. 24186) Associate Planner Matthew Fagan presented the staff report. Commissioner Webster asked why a determination of consistency is recommended rather than an addendum to the EIR as CEQA guidelines do not mention determination of consistency. Mr. Fagan replied staff determined that due to the decrease in the overall density of the project, no effect on the R:\PLANCOMM\MINUTES\1996\ll1896.PC 12/23/96 klb 6 PLANNING COMMISSION NOVEMBER 18, 1996 previous environmental analysis would occur; therefore an Addendum is not required. City Attorney Weiner stated an addendum usually addresses new impacts and with no change, it is not necessary to prepare additional environment documents. CEQA states when an addendum is or is not required and this project does not qualify as a change for which an addendum is required. Mr. Weiner suggested the last sentence of Section 3 be modified to read "The Commission hereby determines that the prqject is consistent with a project for which an Environmental Impact Report was previously certified." for each resolution. Commissioner Miller asked what changes are proposed for Planning Areas 29A and B, and if the school district decides not to use 29B as a site and the developer uses it as residential, would an environmental document be required. Mr. Fagan answered a four (4) acre park is being added in those areas and an environment document would not be required if Planning Area 29B's usage is changed. Chairman Fahey complimented staff on their tables and the presentation. Chairman Fahey opened the public hearing at 7:50 P.M. Barry Burnell, 3242 Halladay Street, Suite 100, Santa Ana, representing Newland Associates, stated the applicant was reducing commercial by ten (10) acres, and adding four (4) acres of park in the north area. The proposed park on the east side will be utilized as a private recreational facility. The applicant is in concurrence with the Conditions of Approval and would like to add the following language to Finding No. 4 of the Specific Plan Resolution. "...standards of development, as set forth in this section, the Applicant has..." Commissioner Miller asked about the existing park location and the existing plan for Planning Area 19. Mr. Bumell answered the park is currently located in Planning Area 12 and there are no specific design plans for 19, which is currently designated as a park or recreation area. Commissioner Webster mentioned on page 3-150 of Specific Amendment No. 5 for Planning Area 36, Figure 42 is mentioned in the first paragraph and Figure 23B, under Item C3 and he could not find them in the document. Mr. Burnell stated they are existing figures and are not in this document. Commissioner Soltysiak questioned the difference between primary and secondary connections as shown in Figure 58, linkage and gathering places exhibit. Mr. Burnell stated in terms of design, the primary areas will carry more mtffic and are trail/walkway connections in residential areas. In commercial areas, they are sidewalks. Chairman Fahey closed the public comment section at 8:15 P.M. Commissioner Miller mentioned in the Uses Permitted Section, a golf course is referred to and asked if one is planned in Paloma del Sol. Mr. Burnell answered the Specific Plan was written in Riverside County originally and referred to Ordinance 348 and when rewritten, uses were not changed. No golf course is planned. R:\PLANCOI~q\MINUTES~1996\ll1896.PC 12/23/96 klb 7 PI,ANNING COMMISSION NOVEMBER 18, 1996 It was moved by Commissioner Slaven and seconded by Commissioner Webster to make a Determination of Consistency with a project for which an Environmental Impact Report was previously certified; to adopt Resolution No. 96-Next recommending approval of Planning Application No. PA96-0 !07 (General Plan Amendment) as amended; to adopt Resolution No.96-Next recommending approval of Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan) as amended; to adopt Resolution No. 96-Next recommending approval of Planning Application PA96-0108 (Revised Vesting Tentative Tract Map No. 24184) as amended; and to adopt Resolution No.96-Next approving Planning Application No. PA96-0114 (Revised Vesting Tentative Tract Map No. 24186) as amended based upon the Analysis and Findings contained in the Staff Report subject to the attached Conditions of Approval as amended and to close the public hearing. The motion carried as follows: AYES: 5 NOES: 0 ABSENT: 0 COMMISSIONERS: Fahey, Miller, Slaven, Soltysiak, Webster COMMISSIONERS: None COMMISSIONERS None Planning Application No. PA96-0157 0~velopment Plat0 and PA96-0158 (Tentative Parcel Map) l.ucky Shopping Center Assistant Planner, Craig Ruiz, presented staff report. Commissioner Webster questioned if the two handicap parking stalls, located in the east side compact car area, had sufficient length. Mr. Ruiz stated all handicap stalls must be in compliance with the handicap standard and there is adequate length in that area. Commissioner Miller questioned configuration of Parcel 4 and why it reaches to Margarita Road and if the Commission is approving the monument signs shown on the Working Site Plan. Mr. Ruiz stated the applicant will answer those questions. Chairman Fahey opened the public heating at 8:20 P.M. David Powell, 1 Corporate Plaza, Newport Beach, representing the applicant Pacific Development Group, stated they were comfortable with staff's report and the Conditions of Approval. In response to Commissioner Miller's question, he stated each parcel requires legal frontage on a public street and that flag lot gives an interior building it's legal access to Margarita Road. On the issue of signs, there will be one center identification sign on each street, one monument sign for the pad building fronting on Hwy 79; pad building westerly on Margarita Road shall have its own single tenant identification sign. There will be a comer sign identifying the entire development. Commissioner Webster suggested aligning the interior driveways so they are more in line with each other. Mr. Powell replied both north/south directions could be stop signed with the east/west directions free flow. R:\PLANCO~\MINUTES\1996\ll1896.PC 12/23/96 klb 8 PLANNING COMMISSION NOVEMBER 18, 1996 Commissioner Webster asked if there were parking spaces outside the landscape buffer along Margarita Road. Mr. Powell stated parking spaces are outside and the minimum setbacks on both streets is met. Kareem Ali, representing American Stores, stated liquor sales provide a convenience to the community and it would create a hardship for Lucky and Sav-On not to be able to sell liquor products. Chairman Fahey closed the public comment section at 8:33 P.M. Commissioner Miller commented he liked the interior driveway design as the area would not become a raceway. Commissioner Slaven agreed with Commissioner Miller and added aligning drives is not in the best safety interest because experience has proven the public does not stop at stop signs and this configuration will make them slow down. Principal Engineer Parks stated it makes more sense not to align the driveways because there are different uses on both sides of the corridor. Chairman Fahey suggested staff look at the issue with the final plans. Commissioner Slaven stated it is appropriate to have liquor sales at these types of businesses, plus there is a lack of liquor-selling establishments in the area and Highway 79 poses a geographical boundary. It was moved by Commissioner Slaven and seconded by Commissioner Webster to adopt the Negative Declaration for PA96-0157, Development Plan, and PA96-0158, Tentative Parcel Map 28384; to adopt Resolution No. 96-Next approving PA96-0157, Development Plan; and Resolution No. 96-Next approving PA96-0158, Tentative Parcel Map No. 28384, based on the Analysis and Findings contained in the Staff Report; to approve Planning Applications No. PA96-0157, Development Plan and PA96- 0158, Tentative Parcel Map No. 28384, subject to their attached amended Conditions of Approval; to make a finding of public convenience for Lucky Supermarket and Sav-On Drug Store; and to close the public hearing. Mr. Weiner recommended the following changes for the resolution pertaining to PA96-0158: B. 1. Add "...division and the design and improvement of the land division is consistent...November 9, 1993, and the Paloma del Sol Specific Plan." B.5. Delete the last sentence. Section 3. Environmental Compliance. add The site of the proposed land division is physically suitable for the type and density of the development and the design of the proposed land division or type of improvements is not likely to cause serious health problems. The motion carried as follows: AYES: 5 NOES: 0 ABSENT: 0 COMMISSIONERS: Fahey, Miller, Slaven, Soltysiak, Webster COMMISSIONERS: None COMMISSIONERS None R:\PLANCOMM\MINUTE$\1996\ll1896.PC 12/23/96 klb 9 PLANNING COMMISSION PI~ANN1NG MANAGER' S REPORT NOVEMBER !8, 1996 Planning Manager Debbie Ubnoske reported there have been two meetings with the new sign comment committee and it is planned to bring the issue back to the Commission in January 1997. Staff is working on a subdivision ordinance. PLANNING COMMISSION DISCUSSION Commissioner Webster asked about the Public Heating Notice posted at Solana Way and Margarita Road. Ms. Ubnoske stated an apartment complex with many recreational amenities is proposed. A pre-notice meeting is being held Tuesday, November 19, 1996 at 6:00 P.M., at the Temecula City Hall for surrounding property owners. Commissioner Slaven asked when the signal at Solana Way and Margarita is to be in operation. Ms. Bostre-Le replied the interim signal is expected to be operational by February 1997. Commissioner Soltysiak inquired about the status of the Development Impact Fee. Ms. Ubnoske answered staff is continuing to receive input from the development community. It was moved by Commissioner Slaven and seconded by Commissioner Soltysiak to adjourn the meeting at 8:45 P.M. The motion was unanimously carried. The next meeting will be held December 2, 1996, at 6:00 P.M. at the Temecula City Hall, 43200 Business Park Drive, Temecula, California. Linda Fahey, Chmrman / Debbie lYonoske, Secretary R:\PLANCO~q\MINU~ES\1996\ll1896.PC 12/23/96 klb