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HomeMy WebLinkAbout030496 PC MinutesMINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION MARCH 4, 1996 A regular meeting of the City of Temecula Planning Commission was called to order on Monday, March 4, 1996, 6:00 P.M., at the Rancho California Water District's Board Room, 42135 Winchester Road, Temecula, California. Co- Chairman Linda Fahey called the meeting to order. PRESENT: ABSENT: COMMISSIONERS: COMMISSIONERS: Webster, Miller, Fahey, Slaven None Also, present were Community Development Director Gary Thornhill, Planning Manager Debbie Ubnoske, Senior Planner John Meyer, and Principal Engineer Steve Cresswell. PUBLIC COMMFNTS None given. Approval of Agenda Planning Manager Debbie Ubnoske requested an additional item be placed on the agenda. Add (b) to item #8 Approval of Alcohol License for: The Shell Station. The motion carried as follows: COMMISSIONERS: COMMISSIONERS: None COMMISSIONERS: None AYES: 4 NOES: 0 ABSENT: 0 COMMISSION BUSINESS Miller, Webster, Slaven, Fahey Co-Chairman Fahey stated that since this is a large agenda and there are several requests to speak, modifications to the agenda would be: Item #14 would be heard as Item #1; Item #15 would be heard by 7:30 PM. It was moved by Commissioner Slaven and seconded by Commissioner Miller to approve the agenda as modified. The motion carried as follows: pc.minutes\030496 PLANNING COMMISSION MEETING MARCH 4, 1996 AYES: 4 COMMISSIONERS: Miller, Webster, Slaven, Fahey NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None 2. Oath of Office - Rich Soltysiak Co-Chairman Fahey welcomed Rich Soltysiak to the Commission. She stated the Oath of Office would be delayed pending the arrival of City Clerk June Greek. Appointment of a New Chairperson Commissioner Slaven nominated Commissioner Fahey to serve as Chairman seconded by Commissioner Miller, the vote was taken for appointment. The motion carried as follows: AYES: 4 COMMISSIONERS: Miller, Webster, Slaven, Fahey NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None Appointment of a New Co-Chairperson Commissioner Fahey nominated Commissioner Slaven as Co-Chairman seconded by Commissioner Webster, the vote was taken for appointment. The motion carried as follows: AYES: 4 COMMISSIONERS: Miller, Webster, Slaven, Fahey NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None pc.minutes\030496 2 PLANNING COMMISSION MEETING 4. Approval of Minutes from the November 6, 1995 Planning Commission Meeting The motion was made by Commissioner Miller, seconded by Commissioner Slaven to approve the minutes of November 6, 1995, with the following modifications: Item #5 and Item #6 - add Commissioner Slaven to an AYE vote and delete her as absent; On page 3. Item 4 Change to exit locations to West Drive in and Fast drive out. The motion carried as follows: AYES: 4 COMMISSIONERS: Miller, Webster, Slaven, Fahey NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None Plant/Tree Species List Senior Planner John Meyer presented the list of approved plants and trees for the Temecula area. MARCH 4, 1996 Appointment of a Representative to Serve on the Sign Ordinance Committee It was duly moved and seconded to appoint Commissioner Miller as the representative to the Sign Ordinance Committee. The motion carried as follows: AYES: 3 COMMISSIONERS: Webster, Slaven, Fahey, NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: I COMMISSIONERS: Miller Appointment of a Representative to Serve on the Joint Temecula/Murrieta Traffic Committee Chairperson Fahey requested that this appointment be acted on later on the agenda. A. Director's Hearing Case Update Report None given. pc.minutes\030496 3 PLANNING COMMISSION MEETING MARCH 4. 1996 2. Oath of Office - Rich Soltysiak City Clerk, June Greek, administered the oath of office to newly appointed Commissioner Rich Soltysiak. 7. Appointment of a Representative to Serve on the Joint Temecula/Murrieta Traffic Committee Rich Soltysiak was appointed to serve as the representative to the Joint Temecula/Murrieta Traffic Committee by unanimous consensus. 8. B. Approval of Alcohol license for: 1. Hog Wild (PA96-0001) Senior Planner John Meyer presented the staff report. Chairperson Fahey opened the public hearing at 7:00 PM. Elliot Urlich, 37671 Van Gale Lane, Murrieta, represented the applicant and stated that the allowable hours for the sale of alcohol is 6:00 AM to 2:00 AM, 7 days per week. He also stated that the name Hog Wild would be changed to either the Long Branch or the Long Horn Saloon. No games or game boards. Assistant City Attorney Greg Diaz informed the Commission of the criteria used to determine the request for the sale of alcohol. It was moved by Commissioner Slaven and seconded by Commissioner Webster to approve the Alcohol License for the Hog Wild Saloon. Commissioner Fahey expressed opposition to this project as it does not meet a convenience for the community. The motion carried as follows: AYES: 4 COMMISSIONERS: Miller, Slaven, Webster, Soltysiak NOES: I COMMISSIONERS: Fahey ABSENT: 0 COMMISSIONERS: None 2. Sports Grill (PA95-0123) pc.minutes\030496 Senior Planner John Meyer presented the staff report. 4 PLANNING COMMISSION MEETING MARCH 4, 1996 The applicant was not in attendance to answer questions. It was moved by Commissioner Slaven and seconded by Commissioner Miller to continue this request to March 18, 1996. The motion carried as follows: AYES: 5 COMMISSIONERS: NOES: 0 ABSENT: 0 3. Shell Station COMMISSIONERS: COMMISSIONERS: Miller, Slaven, Soltysiak, Webster, Fahey None Senior Planner John Meyer presented the staff report. Larry Markham, 41750 Winchester Road, representing the applicant, stated the requested hours for alcohol sales are 6:00 AM. to 2:00 AM. Commissioner Soltysiak asked how critical is approval for the alcohol license to the project. Larry Markham responded this was a necessary component of the application. Commissioner Slaven expressed opposition to the concept that service stations could not sell gas without selling alcohol. Commissioner Miller spoke in support of this application stating he feels it is monumentally unfair not to give Shell an equal footing with the other service stations. Commissioner Fahey expressed opposition to the concept that there is not a need for public necessity and/or convinces and cannot make a finding. Commissioner Webster spoke in support of this application stating he feels this meets criteria for public convenience for the one-stop shopping for alcohol and gas. Commissioner Slaven expressed concern on the tentative hours of sale and commented that other service stations have restricted hours. Commissioner Fahey recommended that the hours be conditioned when the Conditional Use Permit is heard by the Commission. pc.minutes\030496 5 PLANNING COMMISSION MEETING MARCH 4, 1996 It was moved by Commissioner Miller and seconded by Commissioner Webster to approve the Shell Station: The motion carried as follows: AYES: 3 COMMISSIONERS: Miller, Webster, Soltysiak NOES: 2 COMMISSIONERS: Slaven, Fahey ABSENT: 0 COMMISSIONERS: None 14. Planning Application No. PA96-0019 (?oning Amendment. Specific Plan) and Planning Application No. PA96-0070 (General Plan Amendment) "Temeku" Associate Planner Matthew Fagan presented the staff report. Commissioner Webster requested clarification of the five-year cycle for the housing element. Assistant City Attorney Greg Diaz responded that the cycle had been delayed from 1993 due to lack of funds. Although the State can mandate cities compliance with certification of housing entitlements even without providing funds. Commissioner Slaven recommended the accounting for this certification be kept in-house. Planning Manager Debbie Ubnoske responded that this was a good idea and staff could start doing so the process. Commissioner Soltysiak expressed concern for the congestion impact on parks and schools due to this project. Planner Fagan responded that park provisions are included in the project and also Quimby fees will be required. Community Development Director Thornhill stated that the Temecula School District has an internal agreement providing mitigation on this project. He also stated that a subsequent application will be heard by the Commission. Chairman Fahey opened the Public Hearing at 7:00 PM Barry Burnell, 3242 Halladay Street Santa Ana, T & 13 Planning Consultants, representing McMillin Project Services, Inc., urged approval of this project. pc.minutes\030496 6 PLANNING COMMISSION MEETING MARCH 4, 1996 Dennis O'Neil, 19900 MacArthur Blvd, Irvine, spoke as legal counsel for the applicant, and stated he would answer any questions. Samuel C. Alhadeff, 27555 Ynez Road, spoke in opposition to the project and presented correspondence from the seller to indicate the litigation now taking place. Joseph R. Shekoski, Jr., 31999 Vineyard Avenue, spoke in opposition to a change in zoning. He is against the construction of apartment buildings. James H. Hunter, 2727 Hoover Avenue, National City, representative for the applicant, spoke in support of this project and stated that this approval is needed to close escrow. He also stated that he was available to answer any questions. Dennis O'Neil, 19900 MacArthur BIvd, Irvine, explained the deed restriction for senior housing and stated that the court ordered responsibility would be upheld and worked out before it is heard by the City Council. The Public Comments were closed at 7:25 PM. It was moved by Commissioner Slaven and seconded by Commissioner Miller to approve Planning Application No. 96-0019 and Planning Amendment No. PA96- 0020. The motion carried as follows: AYES: 5 COMMISSIONERS: Miller, Slaven, Soltysiak, Webster, Fahey NOES: 0 COMMISSIONERS: ABSENT: 0 COMMISSIONERS: None 15. Planning Application No. PA96-0024 (Revised Permit-Master Conditional Use Permit: PA94-0061). Planning Application No. PA96- 0025 (Revised Permit-Westside Specific Plan: PA95-0003). Planning Application No. PA96-0026 (Revised Permit-Tentative Tract Map No. 98011: PA95~0004) - Old Town Redevelopment Project Principle Engineer Steve Cresswell, presented the staff report. He stated that approval could reduce costs for the city as well as the applicant.. pc.minutes\030496 7 PLANNING COMMISSION MEETING MARCH 4, 1996 Commissioner Slaven asked why Rancho California Road, Winchester Road and Overland Crossing would all be under construction at the same time. Community Director Thornhill responded that because of changes on the Council, priorities were being considered. The Council ordered a study on the construction priority and timeline. He also stated that the Rancho California Road construction completion date is 12-13 months; Highway 79 interim improvements, including the Western-By- Pass beginning in 5-6 months; and the connection to Front Street will be completed in 12-13 months. Commissioner Soltysiak asked if the condition in Issue #2 included the requirement to pay the fair share. Engineer Cresswell responded that CIP fees are to be used and also development fees. Chairman Fahey opened the Public Hearing at 7:55 PM Mike Scofield, 28601 Front Street, expressed concern with the probable excessive traffic during the Rancho California Road construction. He stated Front Street needs to be widened and the Buffman Project is completed the traffic will be worse. when Karl Henning, 28713 Pujol Street, spoke as the owner of the property on Pujol north of Main Street. He expressed concern with the grading elevations for the Entertainment Center. He stated that he did not intend to have the construction go down Pujol and encouraged the Council and the Planning Department to confer with him as he could stop this project. Kay Cassaro, 31616 Paseo Goleta, spoke in opposition to deleting the condition on the Rancho California Road completion prior to the Entertainment Center. She stated our first priority should be traffic issues, not the Entertainment Center. Albert S. Pratt, 40470 Brixton Cove, representative of TOTAL, spoke in opposition to the Revised Permit-Master Conditional Use Permit because it is not consistent with Old Town Environmental impacts. He requested copies of all engineer drawings, cost estimates, proposals between the applicant and the City of Temecula. He stated the spending by the City for one project was not right. He read from correspondence he distributed to the Commission. The Public Hearing was closed at 8:10 PM. pc.minutes\030496 8 PLANNING COMMISSION MEETING MARCH 4. 1996 Community Director Thornhill stated that he is confident the Highway 79 issues would work themselves out. Commissioner Fahey asked if more thought was given to the traffic on Rancho California Road and expressed concern about making a decision without more information. Commissioner Soltysiak spoke in support of these requests while recommending an amendment to include "Prior to issuance of building permits". He also expressed confusion on Issue //2 due to the timing of the Overchange improvements. Planner Dave Hogan responded with clarification on the project issues. Commissioner Miller spoke in support of Issue //1 and in opposition to Issue//2, he recommended grading be permitted, with the condition the map be recorded prior to issuance of the building permit. It was moved by Commissioner Miller and seconded by Commissioner Webster to approve Planning Application No.96-0024 (Revised Permit-Master Conditional Use Permit: PA94-0061), Item 2, Issue #1. The motion carried as follows: AYES: 5 COMMISSIONERS: Miller, Webster, Soltysiak, Slaven, Fahey NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None Planner Dave Hogan informed the Commission of the original proposal where traffic from the Entertainment Center would travel Front Street to HWY 79 and Rancho California Road would not be involved, and therefore mitigation would not be necessary. Principal Engineer Cresswell stated that the original timing of the construction is the responsibility of the Public Works Department, which had been changed. He recommended this responsibility could be returned to the Public Works Director and the timing for construction would be given by the Council. Commissioner Slaven expressed concern with Condition //83 - which states "the following improvements completed prior to occupancy". There will be considerable impact to the citizens of Temecula because of the construction on Rancho California Road. She stated that there pc.minutes\030496 9 PLANNING COMMISSION MEETING MARCH 4. 1996 comes a time to say no when it is in one project's interest and we need to take care of the citizenry of Temecula. Commissioner Fahey agreed with Commissioner Slaven. Commissioner Miller expressed concern with the confusion between the Commission and the staff. Commissioner Soltysiak supported the issue that the Entertainment Center pay their fair share of the improvements. Commissioner Miller spoke in support of the concept and recommended improvements be completed prior to occupancy. Development Director Thornhill recommended this item be continued to March 18, in order to clarify all conditions for the Commission. It was moved by Commissioner Slaven to deny PA96-0024, PA96-0025, PA96- 0026 Issue #2, seconded by Commissioner Fahey. The motion failed by the following vote: AYES: 2 COMMISSIONERS: Fahey, Slaven NOES: 3 COMMISSIONERS: Webster, Miller, Soltysiak ABSENT: 0 COMMISSIONERS: None It was moved by Commissioner Miller, and seconded by Commissioner Webster, to continue PA96-0024, PA96-0025, PA96-0026 Issue #2 to March 18, 1996. The motion carried as follows: AYES: 4 COMMISSIONERS: NOES: I COMMISSIONERS: ABSENT: 0 COMMISSIONERS: Chairperson Fahey called a recess at 8:45 PM. The meeting was reconvened at 8:50 PM. Miller, Fahey, Webster, Soltysiak Slaven None Chairperson Fahey requested that due to limited time Item 9 - Planning Application No. 95-0125 and Item 13 - Planning Application No. PA96-0003 (Tentative Tract No. 28309) be continued to March 18, 1996. pc.minutes\030496 10 PLANNING COMMISSION MEETING MARCH 4. 1996 A consensus of the Commission was taken and the amended agenda and continuance of these items were approved. 12. Planning Application No. 96-00?7 (Zoning Amendment, Specific Plan) A request to speak was filed on Item 12. The Commission will hear this comment but will not act due to the lateness of the hour. Public Comment opened to the floor at 8:55 PM. Robert House, 32175 Plaza Bel Air, spoke in opposition to the project as proposed. He stated originally 600 homes were planned when this project was abandoned. This builder could also abandon the project leaving the east and west perimeters vacant. He recommended that common areas be complete prior to the issuance of permits. 10. Planning Application No. PA95-0140, (Rancho Baptist Church) Senior Planner John Meyer presented the staff report. Public Comment opened to the floor at 9:10 PM. Mike, pastor of the Rancho Baptist Church, spoke to request approval of the temporary buildings being deemed permanent. Commissioner Webster requested the specific requirements the wall. Commissioner Miller asked about the location of restrooms and if the air-conditioning units could be made less conspicuous. Pastor Mike, responded that the wall is 530' and is painted grey. He also responded that the air-conditioning units were similar to other temporary buildings in the area and restrooms are located in building A. Victor Jones, 44255 Cabo Street, shared photos of the view from his home of the temporary buildings at the church. He spoke in opposition to the request to make these buildings permanent because they are not compatible with the area. Commissioner Webster asked if additional landscaping would solve this problem. Mr. Jones responded that it would not. It was moved by Commissioner Slaven and seconded by Commissioner Miller to deny the reversal of conditions of approval to allow temporary modular buildings to become permanent and directed the applicant to return with landscape plans and permanent building plans. pc.minutes\030496 11 PLANNING COMMISSION MEET1NG The motion failed as follows: MARCH 4. 1996 AYES: 2 COMMISSIONERS: Slaven, Miller NOES: 3 COMMISSIONERS: Webster, Fahey, Soltysiak ABSENT: 0 COMMISSIONERS: None It was moved by Commissioner Webster and seconded by Commissioner Miller to continue this item off calendar. Community Development Director Thornhill requested a maximum timeframe. The Commission agreed on a two month timeline. The motion carried as follows: AYES: 5 COMMISSIONERS: Webster, Fahey, Soltysiak, Slaven, Miller NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None 11. Planning application No. PA95-0138. Conditional Use Permit, (Shell Station) Senior Planner John Meyer presented the staff report. He stated that additional landscaping had been added to the plan. Chairperson Fahey called for public comments at 10:02 PM. Larry Markham, 41750 Winchester Road, representing the applicant, requested the following modifications to the use permit: deletion of parking space #10; deletion of Condition #14, the tile roof; and if the hours of sale of alcohol are to be conditioned, he requested 6:00 am to 12:00 midnight. Chairman Fahey closed the public comments at 10:20 PM. It was moved by Commissioner Slaven and seconded by Commissioner Miller to approve PA95-0138, Conditional Use Permit (Shell Station) with the following modifications: Delete Condition #14, the tile roof is not required; Delete parking space #10; evergreen landscaping along the eastern elevation of the building to create an additional screen from the retail space; and the time limit on alcohol sales is 6:00 AM to Midnight. pc.minutes\030496 12 PLANNING COMMISSION MEETING The motion carried as follows: AYES: 5 COMMISSIONERS: NOES: 0 ABSENT: 0 MARCH 4. 1996 Miller, Slaven, Webster, Fahey, Soltysiak COMMISSIONERS: None COMMISSIONERS: None It was moved by Commissioner Slaven and seconded by Commissioner Miller to continue Items 9, 10, 12, and 13 to March 18, 1996. The motion carried as follows: AYES: 5 COMMISSIONERS: NOES: 0 ABSENT: 0 DIRECTOR'S REPORT COMMISSIONERS: COMMISSIONERS: Miller, Fahey, Webster, Slaven, Soltysiak None None Planning Manager Debbie Ubnoske reminded the Commission of the League of California Cities Workshop. PLANNING COMMISSION DISCUSSION Commissioner Miller expressed concern on the time limit for speakers addressing the Commission. He reiterated it should be enforced at the three minute limit. The next meeting of the City of Temecula Planning Commission is scheduled for March 18, 1996 6:00 P.M. at Rancho California Water District's Board Room, 42135 Winchester Road, Temecula, California. ADJOURNMENT It was moved by Commissioner Slaven and seconded by Commissioner Miller to adjourn the meeting at 10:30 PM. pc.minutes\030496 13 SECRETARY