Loading...
HomeMy WebLinkAbout091994 PC MinutesMINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION MONDAY, SEPTEMBER 19, 1994 A regular meeting of the City of Temecula Planning Commission was called to order on Monday, September 19, 1994, 6:00 P.M., at the Rancho California Water District Board Room, 42135 Winchester Road, Temecula, California. The meeting was called to order by Chairman Steve Ford. PRESENT: 3 ABSENT: 2 COMMISSIONERS: COMMISSIONERS: Slaven, Webster, Ford Blair, Fahey Also present were Planning Director Gary Thornhill, Assistant City Attorney Greg Diaz and Senior Planner Debbie Ubnoske. PUBLIC COMMENT None COMMISSION BUSINESS 2. ADDroval of A(~enda Chairman Ford recommended Items 1. and 3. be heard after the Public Hearing Items. It was moved by Commissioner $1aven, seconded by Commissioner Webster to re- order agenda Items 1 and 3 to follow Item Number 9 on the agenda. The motion carried as follows: AYES: 3 COMMISSIONERS: Slaven, Webster, Ford NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Blair, Fahey 4. Director's Hearing Update Report included in the agenda package. Commissioner Fahey arrived at 6:10 P.M. and was no longer considered absent. PCMIN09119/94 I 09/28194 PLANNING COMMISSION MINUTES SEPTEMBER 19. 1994 NON-PUBLIC HEARING ITEMS 5. Memorandum of Understandin(~ For Access Onto State Route 79 Principal Engineer Ray Casey presented the staff report. Chairman Ford questioned why the staff is not making recommendations on Highway 79 South, Tract 23299, and Paloma Del Sol project, prior to reviewing the traffic study. Engineer Casey said at this time staff can only support a right in at location 9 (EB) and 10.1 of the staff report. However, staff has no opinion on whether it should be a right-in only or a right-in and right-out. Commissioner Fahey asked how the areas that have not been resolved are handled with the approval of the MOU. Engineer Casey said staff would like the Commission to provide direction to staff on Items 9 EB and 10.1. He explained the issue staff has concerning these two items is local circulation and access to the Highway itself with respect to the commercial center. Tract 23299 (9EB) or (County Glen Way), is proposed for a full turning movement access with a traffic signal. Should that be approved, there may be enough room for cars exiting the commercial center to get over to Margarita Road and make a left turn or a U-turn, subject to further traffic analysis. He said without that full turning movement access and the traffic signal, staff does not feel they can support a right-in/right-out however, the property owner's Traffic Engineer has not as yet provided staff with adequate analysis to support the right-in/right-outs. Staff has the same concerns with the Paloma Del Sol project shown as 10.1. Commissioner Fahey said she feels comfortable allowing staff to make the determination on these two issues prior to sending the MOU on to the City Council. It was moved by Commissioner Fahey, seconded by Commissioner Slaven to approve the Memorandum of Understanding with staff's clarification on Items 9 EB and 10.1 prior to presenting the MOU to the City Council. The motion carried as follows: AYES: 4 COMMISSIONERS: Fahey, Slaven, Webster, Ford NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Blair PCMIN09119/94 2 09128/94 PLANNING COMMISSION MINUTES SEPTEMBER 19, 1994 PUBLIC HEARING ITEMS PA No. 94-0078 (Minor Chanqe - Tract 23100), PA No. 94-0079 (Minor Chan(~e - Tract 23101, PA No. 94-0080 (Revised Tract MaD 23101 ) Bramalee California Assistant Planner Matthew Fagan presented the staff report. Emile Haddad, 100 N. Bayview Circle, Newport Beach, representing Bramalea Homes, stated he has no objection to Condition 11 regarding the Gnatcatcher, as long as the Gnatcatcher continues to be listed as an endangered species. Additionally he said he received a FAX on this date from staff regarding a request by the Rancho California Water District to construct a 30" water line in Butterfield Stage Road and they have stated that they would be willing to be reimbursed for the upsizing. The applicant requested they be allowed to finalize the mechanism for reimbursement with RCWD. Additionally, he said a portion of Butterfield Stage Road is already constructed and he would like to verify whether the existing waterline is 30". John Moramarco, 32720 Rancho California Road, Temecula, representing Callaway Winery, asked if the lots along Butterfield Stage Road will remain one acre lots. Chairman Ford confirmed that the area is planned as open space for the homeowners. Commissioner Webster suggested Condition No. 11 not be deleted since the Gnatcatcher has not been removed from the Endangered Species list. Assistant City Attorney Greg Diaz said it will be impossible at this time to determine what the status of the Gnatcatcher will be in the future. It was moved by Commissioner Webster, seconded by Commissioner Fahey to close the public hearing and approve Planning Application No. PA94-0078, Planning Application No. PA94-0079 and Adopt Resolution No. 94-28, approving Planning Application No. PA94-0080 based on the analysis and findings contained in the staff report and subject to the Conditions of Approval. The motion carried as follows: AYES: 4 COMMISSIONERS: Fahey, Slaven, Webster, Ford NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Blair PCMIN09/19/94 3 09/28/94 PLANNING COMMISSION MINUTES SEPTEMBER 19. 1994 7. ChanQe of Zone No. 26 Assistant Planner Matthew Fagan presented the staff report. Chairman Ford opened the public hearing. It was moved by Commissioner Fahey, seconded by Commissioner $1aven to close the public hearing and recommend Adoption of the Negative Declaration for Change of Zone No. 26 and Adopt Resolution No. 94-29 recommending the adoption of Ordinance No. 94- amending the offical zoning map of the City of Temecula for Change of Zone Application No. 26 based on the analysis and findings contained in the staff report. The motion carried as follows: AYES: 4 COMMISSIONERS: Fahey, Slaven, Webster, Ford NOES: 0 COMMISSIONERS: None ABSENT: I COMMISSIONERS: Blair 8. Vesting Tract Mao No. 25063 and ChanQe of Zone No. 5598 Director Thornhill advised the Commission the applicant has submitted a request for continuance on this item. Assistant Planner Matthew Fagan presented the staff report. He advised staff has received one letter in opposition to the proposed project from Alfred and Judith DeForrest and Connie Miller. Chairman Ford opened the public hearing. Larry Markham, of Markham Associates, advised that the property is currently under ownership of the FDIC. He said the property is currently in escrow and the purchaser has been made aware of the general plan designation on the property and that staff is putting together a special study requirement. Mr. Markham requested a continuance off calendar until the special study has been completed. Director Thornhill advised that consultants have been interviewed for the special study of the Nicolas Valley area and staff anticipates it will take five to six months to complete the study. Jim Miller, 39355 Pourroy Road, Temecula, expressed his opposition to the proposed project densities. PCMIN09/19194 4 09128/94 PLANNING COMMISSION MINUTES SEPTEMBER 19. 1994 Mike Knowlton, 39130 Pala Vista Road, Temecula, expressed opposition to the proposed project density and presented a petition of opposition from the surrounding property owners. Commissioner Slaven said she understands the issue before both the property owners and the residents surrounding the property, however she said she supports staff's recommendation for denial. Commissioner Fahey said the proposed project is not in compliance with the General Plan and probably will not be in compliance as a result of the special study. It was moved by Commissioner Fahey, seconded by Commissioner Slaven to close the public hearing and Adopt Resolution No. 94-30 denying Vesting Tentative Tract Map No. 25063 and Adopt Resolution No. 94-31 denying Change of Zone No. 5598 based on the Analysis and Findings contained in the staff report. The motion carried as follows: AYES: COMMISSIONERS: Fahey, Slaven, Webster, Ford NOES: 0 COMMISSIONERS: None ABSENT: I COMMISSIONERS: Blair 9. PA94-0017 Planning Director Gary Thornhill presented the staff report. Commissioner Webster asked if the County has provided any response regarding their interpretation of the fees. Director Thornhill stated the City has been in disagreement with the County regarding fees since the City's incorporation and it is the City's position that once it incorporated and was providing the levels of service to the developments, the City should collect the fees. He added that the City believes the clause that is contained in the Development Agreements previously negotiated with the County is improper. Assistant City Attorney Greg Diaz said the County has been consistent in their position that they are entitled to fees as a matter of contract law. The City Attorney's office has reviewed the provisions of the government code as it pertains to Development Agreements and the incorporation of new cities and has determined that once incorporated, the City is entitled to 100% of the fees. He added that the developer has agreed to provide funds to defend the City's position should the City go to court in defense of their position on the fees. Chairman Ford opened the public hearing. PCMIN09119/94 5 09/28/94 PLANNING COMMISSION MINUTES SEPTEMBER 19. 1994 Dale Gleed, 12865 Pointe Del Mar, Suite 200, Del Mar, representing the applicant Coscan Davidson Homes, said they have worked with the City Planning Department on the agreement and are satisfied with the fee requirement. Chairman Ford recalled that at the time the project went before the Council there were discussions regarding minimum home sizes and he is concerned because there are no provisions in the Development Agreement which addresses the size issue. Dale Gleed stated the house sizes proposed range from 1000 to 1500 square feet. Chairman Ford said he would like to see the Council's comments regarding the unit size tied to the Development Agreement. Director Thornhill said he would need to research the minutes of the Council meeting to determine what their intent was and bring that information back at another hearing. He said he doesn't recall any precise comments regarding square footage. Dale Gleed said the plan today is the same as the original concept plan, however, if the applicant changed the plans, they would have to bring that back to the Planning Department. Mr. Gleed said he would be willing to agree to a 1000 square foot minimum. Commissioner Fahey said the issues raised by Chairman Ford are important and staff should review prior to sending this item forward to the City Council. It was moved by Commissioner Fahey, seconded by Chairman Ford to Adopt the Negative Declaration for PA94-0017 and Adopt Resolution No. 94-32 recommending approval of PA94-0017 by City Council, based on the analysis and findings contained in the staff report and subject to the Conditions of Approval and direct staff to follow up on the comments made during the City Council hearing regarding minimum house sizes. The motion carried as follows: AYES: 4 COMMISSIONERS: Fahey, Slaven, Webster, Ford NOES: 0 COMMISSIONERS: None ABSENT: I COMMISSIONERS: Blair 1. Election of Chairoerson and Vice Chairoerson It was moved by Commissioner Slaven, seconded by Commissioner Webster to appoint Commissioner Steve Ford as Chairperson and Commissioner Fahey as Vice Chairperson. PCMIN09/19/94 6 09/28/94 PLANNING COMMISSION MINUTES The motion carried as follows: AYES: 4 COMMISSIONERS: NOES: 0 COMMISSIONERS: SEPTEMBER 19. 1994 ABSENT: Brown Act COMMISSIONERS: Fahey, Slaven, Webster, Ford None Blair Assistant City Attorney Greg Diaz provided an overview of the modifications and changes to the Brown Act. PLANNING DIRECTOR'S REPORT Planning Director Gary Thornhill reported the following: Consultants have been interviewed for the Old Town Street Scape Program. A selection has been made however, cannot be announced at this time. NBS Lowry has been selected as the consultant for the Nicolas Valley Land Use Study. There is an American Planning Association Planning Commissioner's Workshop on October 1, 1994, and if any Commissioner is interested in attending they should notify staff as soon as possible. PLANNING COMMISSION DISCUSSION None OTHER BUSINESS None PCMIN09/19/94 7 09/28/94 PLANNING COMMISSION MINUTES ADJOURNMENT Chairman Ford declared the meeting adjourned at 8:30 P.M. The next regular meeting of the City of Temecula Planning Commission will be held on Monday, November 7, 1994, 6:00 P.M., at the Rancho California Water District Board Room, 42135 Winchester Road, Temecula, California.~///~.¢~ ~ C~ ~ Chairman Steve Ford SEPTEMBER 19. 1994 PCMIN09/19/94 8 09/28/94