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HomeMy WebLinkAbout020200 PC MinutesMINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION FEBRUARY 2, 2000 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:00 P.M., on Wednesday February 2, 2000, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ALLEGIANCE The audience was led in the Flag salute by Commissioner Webster. ROLL CALL Present: Commissioners Fahey, Mathewson, Webster, and Chairman Guerfiero. Absent: None. Also Present: Planning Manager Ubnoske, Attorney Curtey, Deputy Director of Public Works Parks, Senior Planner Fagan, Senior Planner Hogan, Associate Planner Donahoe, Assistant Planner Anders, Project Planner Thomsiey, and Minute Clerk Hansen. At this time, Deputy City Clerk Ballreich duly swore In the newly appointed Planning Commissioner, John Telesio. PUBLIC COMMENTS No comments. CONSENT CALENDAR It was noted that the Consent Calendar Items were considered separately. I Approval of A.qenda RECOMMENDATION: 1.1 Approve the Agenda of February 2, 2000. R:Pla nning minut es\020200 1 MOTION: Commissioner Webster moved to approve the agenda. The motion was seconded by Commissioner Mathewson and voice vote reflected unanimous approval. FindinR of Public Convenience or Necessity for the Health Zone Natural Foods Store, located at 41915 Motorcar Parkway, Suite A-C, at the northeast comer of Ynez Road and Solana Way RECOMMENDATION: 2.1 Support Finding of Convenience or Necessity Associate Planner Donahoe provided a bdef overview of the staff report (via agenda material), specifying the location of the use; and noted that this existing use was requesting to sell beer and wine that was organically grown and certified. Mr. Linda Brewer, representing the applicant, for Commissioner Mathewson, provided additional information regarding the organic growth process and soil conditions for the grapes and hops which were fermented to make the organic alcohol, noting that when the wine and beer was produced there were no sulfates added; relayed that this particular store would be the only business in southern Riverside County which had a selection of these projects; for Chairman Guerriero, specified that the store would offer thirteen wine and six beer varieties; and noted that the alcohol content was the same as regularly produced products (i.e., approximately 12% for the wine, and 6% for the beer). Mr. Wayne Hall, 42131 Agena Street, noted that he was not necessarily opposed to this use selling alcohol due to the specialty of its products; and relayed that for the record, that while this use would not significantly impact the proliferation of existing alcohol establishments, that his concern was regarding the clustering of alcoholic establishments. MOTION: Commissioner Webster moved to approve staff recommendation. The motion was seconded by Commissioner Fahey and voice vote reflected approval with the exception of Chairman Guerriero who voted n._~o. Request to Rescind Approval of Tentative Tract Map No. 24136, Newland Communities, located north of De Portola, east of Mar.qarita, west of Butterfield Sta,qe and south of Leena Way RECOMMENDATION 3.1 Approve. Planning Manager Ubnoske relayed that this item was placed on the agenda at the applicant's request in order to have a formal action with respect to the rescinding of the map, clarifying that this was not required. Commissioner Webster noted that his rationale for requesting that this item be considered separately was due to the verbalpresentation denoted in the agenda packet. R:Planningrninutes\020200 Attorney Curley noted that while this map would extinguish over a period of time without any action, that this action would provide the property owner the flexibility to re-market the property clear of any queries regarding the prior entitlement's existence or influence on the site. For Commissioner Mathewson, Attorney Cudey clarified that the zoning would be unaffected with respect to this action. MOTION: Commissioner Fahey moved to approve staff recommendation. The motion was seconded by Commissioner Webster and voice vote reflected unanimous approval. COMMISSION BUSINESS PUBLIC HEARING ITEMS Plannin,q Application No. PA99-0382 (LarRe Family Day Care Home Facility Ordinance) Citywide ordinance amendin.q the Development Code - Senior Planner Dave Ho.qan RECOMMENDATION: 4.1 Adopt a resolution entitled: PC RESOLUTION NO. 2000- A RESOLUTION OF THE PLANNING COMMISSION FOR THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING THE SEVERAL CHAPTERS OF THE TITLE 17 RELATING TO THE STANDARDS FOR LARGE FAMILY DAY CARE HOME FAClTIIES" (PLANNING APPLICATION PA99-0382) Senior Planner Hogan presented a detailed overview of the staff report (of record), noting staff's efforts to modify the existing ordinance regarding large family day care home facilities; advised that the State governed the authority in which local government could regulate these facilities, relaying three approaches (per agenda material) the City could utilize in regulating the facilities, as follows: Approach No. 1) to classify the facilities as a permitted use (with no additional standards), Approach No. 2) to grant a non-discretionarypermit, which is an approval similar to the process the City utilizes for granting businesses licenses, or Approach No. 3) to issue a permit after notice was given to the property owners within a hundred foot parameter in order for those individuals to have an opportunity to indicate whether or not they desired a public hearing; and noted that the agenda material was inclusive of three draft ordinances, one for each of the three approaches, relaying that certain aspects of one draft ordinance could be added to another. Seeing that there were no members of the public wishing to speak on this item, Chairman Guerfiero closed the public hearing at this time. Based on previous Commission comments regarding large family day care home facility uses, Commissioner Fahey, echoed by Commissioners Mathewson and Telesio, recommended that R:Plan ningminut es\020200 there be regulations associated with the permitting, and that there be a review and approval process. For Commissioner Telesio, Senior Planner Hogan specified that the care of seven (7) children constituted a large day care home facility, noting that fourteen (14) was the maximum number of children permitted in the day care facilities per State law; and clarified that small day care facilities (constituting the care of less than seven (7) children) were not required to be permitted. Commissioner Webster relayed that this issue was being driven by State law; advised that small day care home facilities should be permitted in residential areas, noting his opinion that large day care facilities did not belong in residential areas since this use was essentially a commercial business; acknowledged that per State law, local govemment did not have the jurisdiction to opt against permitting the large day care facilities in residential areas; recommended that the Commission choose the draft ordinance, and approach option at tonight's meeting in order to provide staff with the avenue to pursue, providing comments regarding modifications, and then that the issue be continued in order for staff to address the requested revisions. Chairman Guerriero relayed concurrence with continuing this item in order to obtain additional data regarding specificity with regard to regulating square footage, play equipment, fencing, on- street parking, restroom facilities, and in order to address the safety aspects of this matter. Referencing State legislation, Attorney Curley relayed the restricted parameters the State had mandated with respect to the City's discretion; advised that the review process could be inclusive of the following criteria: spacing concentration, traffic control, and parking and noise control; relayed that the legislation precluded the City from placing restrictions on building height, setbacks, or lot dimensions unless the same standard applied to all single family houses; advised that CEQA review was inapplicable with respect to this matter; and concurred with the recommendation that the Commission relay its recommended modifications, in order for staff to research the specific legal restrictions associated with regulating this use and for staff to bring the matter back before the Commission. In response to Commissioner Mathewson's quedes regarding an article he had recently read, Attomey Cudey relayed that he could investigate published articles regarding proposed legislation which addressed the local judsdiction's concern regarding the lack of regulatory power with respect to this matter, and update the Commission at the next meeting. In light of the lack of regulatory power of the City, Commissioner Fahey relayed her reluctance to recommend that the review and approval process be conducted at a public hearing due to that fact that it implied that the public's comments and concerns could be factored into the governing body's decision on whether to permit the use, whereas in reality, the City had extremely restricted jurisdiction with respect to these particular uses; reiterated that to conduct the review process in a public headng implied that the public's comments would be taken into consideration; and clarified that while she recommended a permitting process to ensure that certain cdteria was met, she was opposed to the review process being a public hearing. In response to Commissioner Fahey, Attorney Curley advised that if the review process were conducted via an administrative level the same standards would apply, noting that the only variant would be the entity permitting the use. For Commissioner Telesio, Attorney Curley clarified the State mandates regarding the regulations the City placed on the large day care home facilities, advising that there could be no R:Planningminutes~020200 differentiation from the regulations placed on alternate residential structures; reiterated that the State permitted the local jurisdictions to develop reasonable standards for the following: spacing and concentration, traffic control, and parking and noise control, clarifying that those specific areas could be regulated within reasonable standards with respect to the large family day care facilities; and specified the areas that could not be uniquely regulated for day care facilities. With respect to noise control, for Commissioner Mathewson, Attorney Curley clarified the parameters for restricting this impact; and for Commissioner Fahey, confirmed that if there was analysis completed regarding the demand in the community, and the street capacity, then objective criteria could be developed regarding the spacing of the uses. Concurring with Commissioner Fahey's recommendation to concentrate on spacing parameters, Chairman Guerriero relayed the number of these particular uses the State indicated was needed. For Chairman Guerriero, Attorney Curley relayed that if the City could support reasonable spacing and concentration standards via analysis and data, the City would be in compliance with legislation. For Commissioner Mathewson, Attorney Curley clarified the 100-foot parameter distance for public notification, noting that it was a State standard. In response to Commissioner Telesio's queries regarding the standards denoted in Approach Nos. 2, and 3 with respect to fenced play areas, and lighting standards, Senior Planner Hogan relayed the efforts to apply various minimal standards. Attorney Curley provided additional information with respect to regulating these issues. Commissioner Fahey reiterated her opposition with respect to the review process being conducted at a public hearing, noting that any public member could address his or her concerns regarding any matter at a Planning Commission meeting if they so desired; and relayed that she strongly supported Approach No. 2 (denoted in the agenda material), advising that there be additional specificity developed regarding regulating traffic and spacing. MOTION: Commissioner Mathewson moved to have staff draft an ordinance based on Approach No. 3 (per agenda material) and that staff investigate the development of specific criteria with regard to the following: spacing issues, on-site parking requirements, noise impacts, the size of the play areas (inside and outside of a facility), Fire Marshall requirements, days and hours of operation limitations, the number of supervisors required on a per child basis, requirement to utilize the garage for the parking of the applicant's personal vehicles, Title 22 health and safety issues, and front yard fencing, based on the legal parameters appropriate for this permitting process, and that the matter be continued in order for staff to investigate the aforementioned issues. The motion was seconded by Commissioner Webster and voice vote reflected denial due to Commissioners Fahey, Guerriero, and Telesio voting no. MOTION: Commissioner Fahey moved to have staff draft an ordinance utilizing Approach No. 2 (per agenda material), developing additional specificity regarding the previously mentioned issues (see above motion), and that the matter be continued in order for staff to investigate the requested regulatory issues from a legal standpoint. Chairman Guerriero seconded the motion. (This motion was ultimately withdrawn.) R:Planning rain utes~020200 5 For Commissioner Mathewson, Attorney Cudey provided additional information regarding Approach No. 3. For Commissioner Telesio, Senior Planner Hogan relayed that Approach No. 3 provided an opportunity for public members to express their comments and concerns at a public hearing (i.e., Director's hearing). Attorney Curiey advised that per City Code, a Director's hearing decision was applicable for the appeal process; for Commissioner Mathewson, relayed that with Approach No. 2 the Planning Director would make an administrative decision and it would not go through the director's hearing process, noting that it would be the issuance of a non-discretionary permit; for informational purposes, provided clarification with respect to a public member filing a wdt of mandate, to appeal a decision on either side of this issue; and cladfied that with Approach No. 3 the public would have an opportunity to express their comments at a hearing. Commissioner Telesio relayed that while he was in favor of the public being able to voice their comments regarding this issue, if the local governing agency had no regulatory power a headng would be ineffectual; and queded whether staff could address the regulatory issues, investigating the range of authority legally permitted prior to the Commission choosing Approach Nos. 2, or 3. It was noted that at this time that the p~evious motion was withdrawn. MOTION: Commissioner Fahey moved to have staff research the regulatory issues previously discussed (see page 5, under the first motion), and to continue this item in order for staff to address these matters, and that the Commission would subsequently choose the approach option to be pursued at the time the item was brought back to the Commission, and make recommended revisions to the ordinance at that time. Chairman Guerriero seconded the motion and voice vote reflected unanimous approval. It was noted that at 7:18 P.M. the meeting recessed, reconvening at 7:26 P.M. 5 Plannin~l Application No. PA99-0394 (Development Plan/Conditional Use Permit), Io~-~ted on the east side of Ynez Road south of Winchester Road between the two mall entranca,~ - Project Planner Thomas Thomsle¥ RECOMMENDATION: 5.1 Adopt a resolution entitled: R:Planning minutes~020200 6 PC RESOLUTION NO. 2000-007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA99-0394 A DEVELOPMENT PLAN FOR THE DESIGN AND CONSTRUCTION OF A 13,311 SQUARE FOOT CAR WASH (CAR SPA) AND A CONDITIONAL USE PERMIT FOR A CONVENIENCE MARKET/GAS STATION AND A 1,514 SQUARE FOOT LUBE SHOP, ON A 1.93 ACRE LOT LOCATED ON THE EAST SIDE OF YNEZ ROAD BETWEEN THE TWO ENTRANCES TO THE PROMENADE MALL SOUTH OF WINCHESTER ROAD, KNOWN AS ASSESSOR'S PARCEL NO. 910-320-039 & 040 AND LOTS P AND Q OF LOT LINE ADJUSTMENT PA98-0495 AND PARCEL MERGER PA99-0007 5.2 Adopt a Notice of Exemption for Planning Application No. PA99-0394 (Conditional Use Permit/Development Plan) based on the Determination of Consistency with a project for which an Environmental Impact Report (EIR) was previously certified pursuant to CEQA Guidelines Section 15162 - Subsequent EIR's and Negative Declarations. Via overhead maps and site plans, Project Planner Thomsley apprised the Commission of this particular project plan (of record), noting that staff and the applicant had worked diligently on this project for the past six months; highlighted the location, and the access points; specified the location and size of the car wash area, the convenience market/deli area, the post-wash area, and the lube service area; relayed the constraints associated with this site and the solutions staff and the applicant had developed (i.e., storm drain easement, view corridors); relayed the internal traffic flow plan, and the provisions for parking which exceeded the requirements; provided an overview of the architectural design which was consistent with the mall design, specifying the enhanced articulation; noted that the overall site had twenty-three percent (23%) of the site landscaped; and provided additional information regarding the signage plan. For Commissioner Fahey, Senior Planner Fagan advised that staff was still in the process of addressing transportation issues and the Park and Ride facility matter within this Specific Plan, relaying that staff would update the Commission at a future date. In response to Commissioner Telesio's comments regarding the internal circulation at the site, Deputy Director of Public Works Parks and Project Planer Thomsley provided additional information. With respect to the northerly driveway, for Commissioner Mathewson, Deputy Director of Public Works Parks confirmed that there would solely be dght turn exit movements at this location; For Chairman Guerriero, advised that there would be two Do not enter signs installed at this location. In response to Commissioner Mathewson's quedes regarding signage, Project Planer Thomsley provided the size criteda for the pdmary and ancillary signs, relaying that the applicant would be consistent with the requirements. For Commissioner Telesio, Project Planner Thomsley provided additional information regarding the monument signs. R:Plan ningminutes\020200 7 Mr. Robert Heilman, representing the applicant, relayed the altemate states that these facilities were being developed in at this time (i.e., Texas, FIodda, and California); via overheads, provided additional specifications regarding the sign plan; noted that there would be directional signage guiding patrons as to where to queue for the vadous entities; for Commissioner Telesio, provided additional information regarding the rationale for the number of queuing lanes leading into the car wash; provided additional information with respect to the northerly driveway; and for Commissioner Mathewson, advised that the post-wash area would be adequate in size for the needs of the facility. Mr. Patdck Fiedler, architect representing the applicant, provided an overview of the applicant's work with staff which culminated into this particular proposal; with respect to signage, relayed a desire to have that portion of the plan approved with the project, as well; for Commissioner Webster, specified the area where customers could place air/water in their vehicles; and clarified the number of and location of the gasoline dispensers at the pump stations. Mr. Ashok Gupta, owner of the property to the south of this particular site, relayed his concerns as follows: 1) the impact this project would have on the shared driveway, and 2) the limitations potentially placed on uses that would be feasible on his site due to the development of this project; and for Commissioner Webster, confirmed that there was a reciprocal access easement of both properties. Project Planner Thomsley provided additional information regarding Mr. Gupta's site, specifying the additional parking required for variant uses; and advised that this particular project would not be in conflict with the permitted uses for his property. Deputy Director of Public Works Parks provided additional information regarding the circulation at this site, noting that staff had reviewed Mr. Gupta's preliminary proposal, noting that there were no conflicts at this point. Commissioner Webster, echoed by Commissioner Mathewson, commended the architect for his excellent work with respect to the style of the building; and noted that his concerns regarding the circulation around the fueling station had been addressed. Commissioner Mathewson relayed that there was a discrepancy between the landscaping represented on the legend and the actual plan, specifically, with respect to the liquid amber trees; and requested staff to address the matter. Chairman Guerdere recommended that reck be added to the base of the monument sign in order to create consistency with the mall. Project Planner Thomsley provided assurance that staff would work with the applicant regarding the design of the sign. In response to Chairman Guerfiero, Project Planner Thomsley relayed that there would be no alcohol sold at this site. MOTION: Commissioner Mathewson moved to close the public hearing; and to approve staff recommendation. The motion was seconded by Commissioner Webster and voice vote reflected unanimous approval. R:Plan ningminutes~020200 8 COMMISSIONERS' REPORTS Commissioner Mathewson requested staff to update the Commission with respect to the landscaping on Margarita Road at the Power Center at the next meeting. In response to Commissioner Mathewson's quedes regarding staff implementing a project review process with respect to housing developments, Planning Manager Ubnoske provided additional information, relaying that most of the development in the City was within approved Specific Plans which would be inclusive of Design Guidelines; and relayed that currently that are no residential guidelines in the City's Design Guidelines, advising that staff would be addressing this matter at a future date. After Commission discussion, Planning Manager Ubnoske requested the Commissioners to check their schedules in order to reschedule the March 1, 2000 meeting to an alternate Wednesday in March, relaying that the matter would be further discussed. For Commissioner Webster, Planning Manager Ubnoske relayed that staff would investigate the number of parking lot trees surrounding the mall in comparison to the number denoted on the approved plan. For Commissioner Telesio, Planning Manager Ubnoske relayed that at an upcoming meeting a new criteria would be presented to the Commission with respect to the Findings of Convenience of Necessity for alcohol uses; and with respect to Commissioner Fahey's queries, Attorney Curiey relayed that there was a possibility that the census could affect the boundaries on the ABC map. Chairman Guerriere requested staff to address the expeditious completion of the mall comer monument at Winchester and Ynez Roads. With respect to truck traffic on Rancho California Road, Chairman Guerfiero relayed that loaded trucks were travelling in excess of 55 MPH; and due to the safety issues associated with these speeds, requested that staff address the matter. PLANNING MANAGER'S REPORT · Request for 1999 Results of Quarterly ABC Juvenile Decoy Pro.qrams Planning Manager Ubnoske relayed that she had included data with respect to this matter in the agenda material per Commission request. · Upcomin,q Planner's Institute Planning Manager Ubnoske relayed that registrations needed to be submitted by Friday February 4, 2000 for all those who were interested in attending the conference. · Presentation of the Lennar Tour to Oranf:le County Via photographs, Project Planner Anders relayed the architectural treatments and styles viewed at various Lennar Developments in Orange County dudng the recent tour, inclusive of the R:Planningminutes\020200 9 following elements: landscaped alleyways, unique mailbox units, trelliswork, landscaped driveway treatments, front porch treatments, streetscapes, mixed roofing elements, window treatments, variant lot sizes, lake communities, and varied elevations for lots; and for Commissioner Fahey, Planning Manager Ubnoske and Project Planner Anders provided additional information regarding the incorporation of alleys in developments. Subsequently, Ms. Anders presented Chairman Guerriero's video of the tour. ADJOURNMENT At 8:57 P.M. Chairman Guerriero formally adjourned this meeting to Wednesday, February 16, 2000 at 6:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. Ron Gue"dh"~o, Chairman Debbie Ubnoske, Planning Manager R:Planningrninutes\020200 t0