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HomeMy WebLinkAbout071598 PC Minutes . . MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION JULY 15, 1998 CALL TO ORDER The City of Temecula Planning Commission convened in an adjourned regular meeting at 6:00 P.M., on Wednesday, July 15, 1998, in the City Council Chambers of Temecula City Hall, 43200 8usiness Park Drive, Temecula, California. ROLL CALL Present: Commissioners Naggar, Webster, and Chairwoman Slaven. Absent: Commissioners Guerriero and Soltysiak. Also Present: Planning Manager Ubnoske, Deputy Director of Public Works Parks, Attorney Curley, Project Planner Donahoe, and Minute Clerk Hansen. PUBLIC COMMENTS No comments. COMMISSION BUSINESS 1. ADDroval of Aaenda In response to Chairwoman Slaven's suggestion to continue Agenda Item No.6 (Sexually Oriented Businesses Ordinance) to the August 5, 1998, Planning Commission meeting in light of the absences of two Commissioners, Attorney Curley advised that the proposed permanent Ordinance will replace the existing interim Ordinance, which elapses October 15, 1998; that the proposed permanent Ordinance will be substantially the same in content as the existing interim Ordinance; that no major changes are being proposed; that the proposed Ordinance would basically maintain the status quo of those regulations which have been in existence for the past 1 2 years; and that although the City would not want to create a time period without an Ordinance, there would be sufficient time to postpone the Item to the next Commission meeting. Viewing the existing interim Ordinance as a well written Ordinance, Commissioner Webster, echoed by Commissioner Naggar, spoke in support of discussing the Item this evening. . . MOTION: Commissioner Webster moved to approve the agenda. The motion was seconded by Commissioner Naggar and voice vote reflected unanimous approval with the exceotion of Commissioners Guerriero and Soltysiak who were absent. 2. Aooroval of Minutes - June 3. 1998 Due to the absences of Commissioners Guerriero and Soltysiak, approval of the June 3, 1998, minutes was continued to the August 5, 1998, Planning Commission meeting. 3. Director's Hearina Uodate No additional comments. PUBLIC HEARINGS 4. Plannina Aoolication NO. PA97-0170 (Aooeal of DIF Reduction) Request to reduce the Development Impact Fees for a 103,510 square foot mini-storage on Nicholas Road. RECOMMENDATION It is recommended by the Planning Department that the Planning Commission withdraw the appeal. Because this Agenda Item had been withdrawn after the notification process and printing of the Agenda Item, Planning Manager Ubnoske noted that staff does not have a staff report and that a formal request has been received to withdraw this item. Ms. Ubnoske also noted that such requests (Appeal of DIF reduction) would be considered by the Planning Commission on a case- by-case basis. 5. Plannina Aoolication NO. PA98-0154 (Develooment Plan) Request to construct and operate a 14,703 square foot multi-tenant commercial building. RECOMMENDATION It is recommended by the Planning Department that the Planning Commission approve the request. 2 . . Project Planner Donahoe presented the staff report (of record)). highlighting the applicant's request for an increase in the Floor Area Ratio (FAR) from the allowable 30% to 34%; advising that staff would justify this request based on the third floor being utilized as a private office and the basement, which is used in the FAR calculation, primarily being utilized to store old and used appliances; and noting that the proposed site will exceed the minimum landscaping requirements by 4%. In response to Commissioner Naggar, Mr. Wayne Phelps, 27574 Commerce Center Drive, advised that neither the private office nor the basement would be leased out and, therefore, voiced no objection to the imposition of a condition prohibiting the lease of the office and/or basement. With regard to landscaping on the southern elevation, Mr. Phelps voiced no objection to the planting of larger and/or additional trees in order to mitigate the appearance of this expansive wall. Both Commissioner Naggar and Chairwoman Slaven commended the applicant on a job well done. With regard to landscaping on the southern elevation, Commissioner Webster suggested retaining the 15-gallon trees but suggested that two or three additional trees be planted along the southern elevation of the building. Planning Manager Ubnoske confirmed that the Commission's concern with regard to landscaping along the southern elevation would be relayed to the landscape architect. It was the consensus of the Commission to concur with staff's findings with regard to the approval of the increased FAR. Commissioner Naggar moved to close the public hearing and to adopt the Negative Declaration for Planning Application No. PA98-0154, and adopt the Mitigation Monitoring Program for Planning Application No. PA98-0154, and adopt Resolution No. 98-026 approving Planning Application No. PA98-0154 based upon the Analysis and Findings contained in the Staff Report and subject to the Conditions of Approval with the addition that additional landscaping be provided along the southern elevation of the building in order to mitigate the massive appearance of this expansive wall. RESOLUTION NO. PC 98-026 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA98-0154 (DEVELOPMENT PLAN), THE DESIGN, CONSTRUCTION AND OPERATION OF A 14,703 SQUARE FOOT BUILDING ON ONE ACRE, LOCATED ON THE EAST SIDE OF YNEZ ROAD, SOUTH OF SOLANA WAY, IN THE YNEZ CENTER COMMERCIAL PARK, AND KNOWN AS ASSESSOR'S PARCEL NO. 921-750-012 The motion was seconded by Commissioner Webster and voice vote reflected unanimous approval with the exceotion of Commissioners Guerriero and Soltysiak who were absent. 3 . . 6. Plannina ADDlication NO. PA97-0293 (Sexuallv Oriented businesses Ordinance) Request an ordinance providing for the zoning regulation and licensing of sexually oriented businesses and making findings in connection with the need for such regulations. RECOMMENDATION It is recommended by the Planning Department that the Planning Commission approve the request. Planning Manager Ubnoske reviewed the staff report (of record). briefly highlighting the changes being proposed to the existing interim Ordinance: to allow adult businesses in an Overlay Zone permitting such uses in Commercial Zones; the permissibility of such uses is legally important to ensure the defensibility of this Ordinance; to eliminate the distance requirement between such uses and other sensitive uses. In response to Commissioner Webster who requested that the term lingerie be more specifically defined, Attorney Curley noted the difficulty in providing a specific definition and as well commented on the landscaping requirement for such uses. Mr. Curley noted that the City is required to provide a reasonable number of alternate sites within the community for First Amendment expression to be conducted upon; that the crafting of the Overlay Zone was believed to include enough of the buffering from the secondary issues as a result of such uses from the residential areas or other areas; that the proposed Ordinance attempts to provide the greatest degree of Constitutional privilege, as required by the Courts, without going beyond that, and that the proposed Ordinance is solid in its foundation and, therefore, would be fully defensible and would preclude the possibility of an open door policy. Relaying his objection to permitting such uses near schools, Commissioner Webster suggested deleting and adding the following properties from the Overlay Zones: delete the property northeast of Winchester Road and Margarita Road (Ralph's Center); delete the entire Mall property; add the Service Commercial area between the freeway and Ynez Road and Rancho California Road and the Guidant property. Attorney Curley noted that adult business uses would be permissible in the Overlay Zone but clarified that such uses would not be mandated. 4 . . At this time, Chairwoman Slaven opened the public hearing. Since minors will be frequenting the Mall without parental supervision, Chairwoman Slaven relayed her objection to including the mall property in the' Overlay Zone. Mr. Wayne Hall, 42131 Agena Street, relayed his strong opposition to any pornography-type related business within City limits; viewed such uses as a blight to the City; noted that the City is a family town and such uses should not be permitted; and commended the Planning Commission and Planning Department staff on their efforts associated with this issue. In response to comments made by Mr. Leon Segal, 28924 Front Street, Attorney Curley noted that although the City may not content regulate, the City may regulate the secondary effects of such uses and that licensing requirements for sexually oriented businesses (retail) differ from those for a live-entertainment business. Concurring with the deletion of Winchester Road and Margarita Road as well as the entire Mall property from the Overlay Zone, Chairwoman Slaven and Commissioner Naggar suggested that the City Council consider other opportunities and utilize the freeway as a natural barrier for such uses. MOTION: Commissioner Webster moved to close the public hearing and to adopt Resolution No. 98-027 based upon the Analysis and Findings contained in the Staff Report. RESOLUTION NO. PC 98-027 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF ZONING REGULATION AND LICENSING OF SEXUALLY ORIENTED BUSINESSES The motion was seconded by Commissioner Naggar and voice vote reflected unanimous approval with the exceotion of Commissioners Guerriero and Soltysiak who were absent. PLANNING MANAGER'S REPORT In response to a previously noted concern by Chairwoman Slaven, Planning Manager Ubnoske advised that the Redhawk and Vail Ranch area is currently and will continue to be a serviced by Fire Station No. 84 after the annexation. Ms. Ubnoske noted that the Plan of Services indicates sufficient personnel to accommodate the annexation but that as building continues and density increases, construction of a new Fire Station within the boundary of the annexation will be required. COMMISSIONER REPORTS No additional comments. s . . ADJOURNMENT At 7:28 Chairwoman Slaven formally adjourned this meeting to the August 5. 1998, Planning Commission at 6:00 P.M. J!~ !/~y4-. Debbie Ubnoske, Planning Manager 6