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HomeMy WebLinkAbout110399 PC Minutes MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION NOVEMBER 3, 1999 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:01 P.M., on Wednesday November 3, 1999, 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, Naggar, and Webster. Absent: Chairman Guerriero. Also Present: Planning Manager Ubnoske, Deputy Director of Public Works Parks, Attorney Cudey, Senior Planner Fagan, Senior Planner Hogan, Project Planner DeGange, and Minute Clerk Hansen. *(Commissioner Fahey arrived at 6:03 P.M.) PUBLIC COMMENTS No comments. COMMISSION BUSINESS 1. Approval of Agenda It was noted that Commissioner Fahey arrived at 6:03 P.M. MOTION: Commissioner Mathewson moved to approve the agenda. The motion was seconded by Commissioner Webster and voice vote reflected approval with the exception of Chairman Guerriero who was absent. 2. Approval of Minutes-October 6, 1999 MOTION: Commissioner Webster moved to approve the minutes, as written. The motion was seconded by Commissioner Mathewson and voice vote reflected approval with the exception of Chairman Guerriero who was absent. PUBLIC HEARINGS 3. Planning Application No. PA97-0307 (Tentative Tract Map No. 28627) Request to subdivide an approximately 37-acre parcel in 10 commercial lots and one open space lot. RECOMMENDATION It is recommended by the Planning Department that the Planning Commission continue the request. Planning Manager Ubnoske relayed staff's recommendation to continue this Agenda Item to the December 1, 1999 Planning Commission meeting. MOTION: Commissioner Fahey moved to continue Agenda Item No. 3 to the December 1, 1999 Planning Commission meeting. The motion was seconded by Commissioner Webster.(This motion was ultimately amended. See page 9.) For Commissioner Mathewson, Planning Manager Ubnoske confirmed that staff would be working with the applicant in the interim period in order to address traffic issues and the environmental assessment. At this time voice vote was taken reflecting approval with the exception of Chairman Guerriero who was absent. 4. Development Agreement between Pala Rainbow LLC and the City of Temecula (Plannin.q Application No. PA99-0273) Request to approve a Development Agreement with Pala Rainbow LLC. RECOMMENDATION It is recommended by the Planning Department that the Planning Commission approve the request. Apprising the Commission of the recent revisions to the proposed Agreement, Senior Planner Hogan presented the staff report (of record); relayed the proposed modification with respect to Section 1.15, entitled Project (per agenda material), specifying that the following additional uses would be permitted as general merchandise/retail store uses: camera shops, clothing sales, computer sales and service, furniture sales, and hardware stores, additionally, specifying that one of these general merchandise/retail uses would be permitted to be as large as 20,000 square feet; noted that the Agreement would prohibit restaurant uses (referencing Exhibit G of the staff report) in the Professional Office (PO) zoned parcel, west of Pala Road; for Commissioner Webster, advised that the area at the southwest comer of Pala Road and Cupeno Lane would not be included in the Development Agreement, noting that this particular parcel was owned by the City; and confirmed that the parcel line would end on the east side at the extension of Jedediah Smith Road. At this time Vice Chairman Naggar opened the public hearing. Mr. Phil Oberhansley, representing the applicant, provided the rationale for the proposed revisions associated with the previously restricted uses; and clarified that solely drive- through restaurant uses would be restricted, and not restaurants in general, in the above-mentioned PO Zone (Via Exhibit G of the agenda material.) ,At this time Vice Chairman Naggar closed the public hearing. Commissioner Mathewson relayed that due to the additional uses added to the general merchandise/retail as permitted uses via this particular Agreement, that at a future point in time the City may be restricted from prohibiting these particular uses; and recommended that staff investigate the issue of including a general merchandise/retail store included in the Development Code. MOTION: Commissioner Fahey moved to adopt Resolution No. 99-045 recommending approval of Planning Application No. P,A99-0273 based upon the Analysis and Findings contained in the Staff Report, and subject to the attached Conditions of Approval; and to adopt the Negative Declaration for Planning Application No. P,A99-0273. PC RESOLUTION NO. 99-045 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL BY THE CITY COUNCIL OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND PALA RAINBOW, LLC FOR PROPERTY LOCATED NEAR THE INTERSECTION OF HIGHWAY 79 SOUTH AND PALA ROAD (PLANNING APPLICATION NO. PA99-0273) The motion was seconded by Commissioner Mathewson and voice vote reflected approval with the exception of Chairman Guerriero who was absent. 5. Plannina A;)Dlication No. PA99-0266 (Minor Conditional Use Permit) Request to operate an indoor skateboard park within a 21,346 square foot portion of a building within an existing business park. RECOMMENDATION It is recommended by the Planning Department that the Planning Commission consider the applicant's request (Pursuant to Section 17. 03 of the Development Code. The Director of Planning has referred this item to the Planning Commission). Clarifying the rationale for this particular proposal being brought forward to the Planning Commission, Project Planner DeGange provided an overview of the staff report (per agenda material); relayed that significant issues had been raised with respect to the compatibility of this use with the existing adjacent uses; specified the expressed concerns of International Rectifier (a use in the vicinity of the proposed use which PlanComnVmlnutesJ110399 transports, stores and utilizes hazardous chemicals) as follows: 1) safety concerns with respect to the impact of a natural disaster, or an accident involving trucks, transporting hazardous materials, 2) the proposed use would restrict their ability to expand, and 3) traffic hazards due to the variant traffic patterns associated with the two alternate uses; relayed the Business Park Association's concerns with respect to the following: 1) incompatibility issues and 2) liability risks; noted the applicant's response that there have been, and currently are similar uses located in this particular business complex (i.e., church, daycare.) Project Planner DeGange addressed the concerns of the Commission, as follows: For Commissioner Mathewson, relayed that the existing skate park use in Temecula had not had significant issues raised with respect to noise impacts, or Police incidents; and advised that the Police Department was contacted relative to this particular application, noting that no issues of concern had been raised. For Vice Chairman Naggar, noted that the previously cited daycare use no longer existed at this particular Business Park, noting that the use would no longer be permitted per Development Code standards; and with respect to the type of disaster event raised as a concern by International Rectifier, specified the issues expressed were an 8.0 earthquake, or an explosive fire. Mr. Steven Graft, attorney for the applicant, submitted for the Commission's information that this proposed project would not have an adverse impact on the community; addressed the issues of concern, as follows: with respect to the issue raised regarding a liability risk, advised that the proposed use would maintain security personnel inside and outside of the skateboard park, restricting children from skateboarding outside of the use, noting that the patrons would be paying for their use of the skateboard park, and would be unlikely to utilize the exterior area; with respect to the issue of safety, relayed the recent approval of a skateboard park on Rio Nedo which generated a higher generation of traffic; with respect to the issue of incompatibility, noted the existence of an adjacent church use; advised that the alternate previously approved skateboard park (on Rio Nedo) was located in a higher concentration of industrial uses; with respect to the issue of the impact of a natural disaster., (i.e., an 8.0 earthquake) advised that an earthquake of that magnitude would adversely affect the residents of Temecula, regardless of the location of a skateboard park; with respect to the potential of a hazardous disaster., noted the location of a 30,000-gallon propane tank in close proximity to the location of the Rio Nedo skateboard park (recently approved by the City); relayed that due to the existing type of uses in the vicinity of this particular business park location (i.e., church, City Hall), the risk factors have been proven to be at acceptable limits. For clarification purposes, Planning Manager Ubnoske relayed that the previously approved skateboard park on Rio Nedo was approved via a Director's Hearing, and not by the Planning Commission. Via overhead photographs, Mr. Rohn Korman, the applicant, provided an overview of the project, highlighting site location, and the parking facility of this particular proposal; via photographs at various times of day, relayed that there was no utilization of on-street parking at this particular location; relayed the comparison of the numerous vehicles utilizing on-street parking at the Rio Nedo Business Park (the location of a previously approved skateboard park); highlighted the amenities proposed for this particular project; PlanComn~minutes/110399 noted the alternate existing uses, inclusive of the associated activities for women and children; advised that he had provision of a five-hour videotape which had been directed towards International Rectifier's receiving and shipping entrance, demonstrating five truck deliveries during a five-hour period; relayed that in his opinion, the skateboard park would be an asset to the City of Temecula, noting that the applicant would cooperate fully to ensure compatibility; for Vice Chairman Naggar, provided the hours of operation (of record); confirmed that there would be security personnel on duty Fridays, Saturdays, and Sundays; specified the distance between the area of storage of hazardous materials at the International Rectifier use and this particular use as approximately 1100 feet, noting the similar proximate location of the Boys and Girls Club, the Captain's Cabin Restaurant, and two church uses. For informational purposes, Planning Manager Ubnoske clarified that there was a Condition of Approval that required the applicant to prepare a security plan which would be reviewed by the Police Department. The following individuals spoke in opposition to the project, as proposed: r~ Mr. Dan Dierken representing International Rectifier c~ Mr. Jeff Leque representing International Rectifier ~ Ms. Kelley Dresler representing Endar Corporation r~ Mr. Dennis Burke representing Rancho California Business Park Association ~ Mr. Roy Uillendaer representing Chemicon International The above-mentioned individuals spoke in opposition to the project for the following reasons: Incompatible with adjacent uses Lack of sidewalks for children's utilization Potential for truck accidents due to the presence of children This particular use would restrict the permitting process for International Rectifier Safety hazard for children due to the proximate location of chemical storage Hazard with respect to numerous truck deliveries Referenced a similar use in the City of Vista, recently closed due to the skateboard park not adhering to the stipulated regulations / Additional generation of traffic ~' Unsupervised youth For Commissioner Mathewson, Mr. Dierken clarified the issue regarding this proposed use jeopardizing International Rectifier's ability to expand, and to process permits due to the regulating agencies' determination that children are sensitive receptors; and provided additional information regarding the company's Risk Management Plan. PlanComn~'mlnutes/110399 in response to Commissioner Webster's querying with respect to the Risk Management Plan, specifically, the Offsite Consequences Analysis, Mr. Leque provided additional information; noted the concern with respect to the storage of hazardous chemicals, in light of the wind conditions at the site, and the presence of numerous children, if this project was approved; and for Commissioner Fahey, advised that a quick evacuation in the event of an emergency would be restricted due to the children being dropped off at the skateboard park with no means of immediate transport. For Commissioner Webster, Mr. Burke advised that the Board of Directors for the Rancho California Business Park would maintain their determination that this project was incompatible with the existing uses, and would not allow this type of use in the business park; and relayed that permitting the church use was a mistake, noting that similar uses are no longer allowed. The following individuals spoke in favor of the project, as proposed: [3 Pastor Buttrey representing Valley Christian Center ~ Mr. Paul Akian owner of the property [3 MS. Suzanne Green 40142 Patchwork Lane r~ Mr. Eric Green 37241 Floral Creek The above-mentioned individuals were proponents of the project for the following reasons: Recommended relocating any facility that poses a great safety hazard to a more remote area due to this particular area being heavily populated Opposed restricting the property owner of this business from allowing a use that meets the requirements for a Conditional Use Permit The use was consistent with the General Plan Relayed the historical behavior of Mr. Korman's activities with children, noting that the patrons of the skateboard park would be well-supervised Compatible with the existing uses (i.e., church) The need for this type of facility in the City of Temecula Patrons would remain in the skateboard park due to the fee paid for the use Noted the pride of ownership Mr. Korman had displayed with respect to his home and business, relaying that the facility would be well-maintained In response to the expressed concerns, Mr. Korman relayed the data of the truck delivery surveillance he had conducted which resulted in the viewed generation of a total of 32 trucks within a six-hour period (between the hours of 2:00 P.M. and 6:00 P.M.); provided additional information received via contact of the California Highway Patrol regarding the safety of these particular type of trucks in the event of an accident; and relayed the favorable aspects of locating the skateboard park at this site with regard to safety and compatibility, in comparison to the previously approved skateboard park on Rio Nedo. The Commission relayed their concluding remarks, as follows: · While acknowledging the need for a skateboarding facility in the City of Temecula, and while noting her own son's enjoyment of the activity, Commissioner Fahey relayed her concern with respect to the location of this particular project; reconnoitered the past event at which time the City flooded, and children had to be evacuated via helicopter transport at the roller-skating facility; and noted that due to this project being proposed in a Light Industrial area, she could not support the project. · Commissioner Mathewson relayed his comments, as follows: with respect to children accessing the site via pedestrian use, advised that due to the remote location of the site, children would most likely be accessing the site via vehicle transport; regarding the safety issues associated with the proximate storage of hazardous chemicals, noted that the area was currently heavily populated with community members due to that vast number of employees frequenting the area; with respect to International Rectifier's ability to expand, advised that this particular facility would not preclude the business from expansion; with respect to vandalism issues, noted that in light of the COA requiring that the applicant submit a security plan, this issue would be adequately addressed; with respect to the noise impact, compared the noise impact of operating heavy manufacturing equipment and truck transport, with the noise of children, advising that the impact of children' noise would not adversely affect the businesses in the area; and relayed his support of the project. · With respect to conformance with the General Plan in the Development Code, Commissioner Webster relayed that this activity was allowable within this zoning district as a Conditional Use Permit, as long as the Commission could make the findings; advised that the issue of truck traffic would not substantiate a denial of this project; with respect to children skateboarding outside of the facility, relayed that this was a Police enforcement matter, noting that the COAs within this Planning Application adequately addressed this issue; regarding safety issues, advised that there were no State or Federal regulations which would restrict uses adjacent to facilities with a Risk Management Plan; with respect to the adjacent companies' desire for the facility to be prohibited due to the existing uses safety concerns, noted that this rationale would be denote adverse condemnation; while acknowledging that the matter of children being sensitive receptors could be a substantial issue, noted the lack of evidence presented as to whether this particular use would qualify as a sensitive receptor, and what the potential affect would be on the existing and future businesses; with respect to traffic issues, relayed the this particular facility would be a point of destination use; with respect to CEQA issues, relayed that the negative environmental impact associated with this use was not substantiated; with respect to the Business Park Association's determination to prohibit this particular use, noted that this was a separate issue; and in concurrence with Commissioner Mathewson, relayed his support of this Planning Application. · Vice Chairman Naggar relayed his comments, as follows: with respect to the fear of children darting in and out of traffic, advised that the security plan (required per the Conditions of Approval), and the hiring of official security personnel would adequately mitigate this concern; concurring with the previous Commission comments, relayed that in his opinion, this particular project would not inhibit International Rectifier's ability to expand; advised that the project conforms to the General Plan under the Development Code; noted that the traffic associated with this proposed project would not adversely affect the existing uses; and relayed his support of the project. MOTION: Commissioner Mathewson moved to approve Planning Application No. PA99- 0266. (This motion was amended.) MOTION: Commissioner Mathewson moved to approve Planning Application No. PA99- 0266, and to adopt a Notice of Exemption for Planning Application No. PA99-0266. PC RESOLUTION NO. 99-046 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA99-0266, (MINOR CONDITIONAL USE PERMIT) A REQUEST TO OPERATE AN INDOOR SKATEBOARD PARK WITHIN A 21,346 SQUARE FOOT PORTION OF A BUILDING WITHIN AN EXISTING BUSINESS PARK, LOCATED AT 43300 BUSINESS PARK DRIVE AND KNOWN AS ASSESSOR'S PARCEL NO. 921-020-055 The motion was seconded by Commissioner Webster and voice vote reflected approval with the exception of Chairman Guerriero who was absent and Commissioner Fahey who voted n._go. PLANNING MANAGER'S REPORT A. With respect to the criteria for Findings for Convenience or Necessity for alcoholic establishments, Planning Manager Ubnoske relayed that the issue would be brought forward to the Planning Commission in December 1999. B. Noting the cancellation of the November 13, 1999 Design Review Workshop which had been scheduled to be held from 9:00 A.M. to 3:00 P.M., Planning Manager Ubnoske advised that the workshop would be rescheduled for the beginning of 2000. C. Per Commission request, Planning Manager Ubnoske relayed that the issues related to the Traditional Neighborhood Design would be brought forward to the Commission, advising that a workshop schedule would be presented at an upcoming Commission meeting. D. For informational purposes, Planning Manager Ubnoske relayed that the Cosco project would be presented to the Commission at the first December Planning Commission meeting. Attorney Curley advised that staff was requesting that the Commission make motion for reconsideration of the action with respect to Agenda Item No. 3, due to the December 1 Planning Commission meeting potentially being rescheduled due to the City's ten-year Anniversary Celebration being held on December 1, 1999. MOTION: Commissioner Fahey moved to reopen the Public Hearing with respect to Agenda Item No. 3. Commissioner Webster seconded the motion and voice vote reflected unanimous approval with the exception of Chairman Guerriero who was absent. At this time the Commission continued back to Agenda Item No. 3. 3. Planning Application No. PA97-0307 (Tentative Tract Map No. 28627) Request to subdivide an approximately 37-acre parcel in t0 commercial lots and one open space lot. RECOMMENDATION It is recommended by the Planning Department that the Planning Commission continue the request. Planning Manager Ubnoske recommended that the Commission reschedule the December Planning Commission meetings for December 8, 1999, and December 15, 1999 due to the City's ten-year Anniversary Event being held on December I, 1999; and recommended that Agenda Item No. 3 be continued to the December 8, 1999 Planning Commission meeting. MOTION: Commissioner Fahey moved to continue Agenda Item No. 3 to the December 8, 1999 Planning Commission meeting. Commissioner Mathewson seconded the motion and voice vote reflected approval with the exception of Chairman Guerriero who was absent. At this time the meeting continue back to the regular order of the Agenda, and the Planning Manger's report continued. PLANNING MANAGER'S REPORT (Continued from page 8.) E. Planning Manager Ubnoske congratulated Vice Chairman Naggar for his recent election as a City Councilman. COMMISSIONER REPORTS A. Commissioner Mathewson applauded Vice Chairman Naggar for his recent election to the City Council. B. In response to Commissioner Mathewson's querying, Senior Planner Hogan relayed that the Large Family Daycare issue would be presented to the Planning Commission in January; and noted that there were no pending applications. C. With respect to Commissioner Mathewson's querying regarding businesses that store hazardous materials, Planning Manager Ubnoske relayed the review process by the Fire Department associated with these types of uses. PlanComnl/mln ut.e~l 10399 Commissioner Webster provided additional information regarding the State and Federal regulations associated with uses that maintain a certain measure of hazardous chemical storage; noted the requirement to develop a Risk Management Plan, inclusive of an Offsite Consequence Analysis; and recommended that in the future, the City obtain a copy of the Risk Management Plan for these particular uses. Commissioner Mathewson requested that data be provided the Commission, regarding the risks associated with these particular type of uses, at the time the project was presented to the Commission. Querying the prior approval of the Skateboard Park, Commissioner Fahey advised that the hazards associated with chemical storage should be seriously considered prior to the approval of projects. D. Vice Chairman Naggar relayed the honor it had been to serve on the PlAnning Commission, commending the Commission for their diligent efforts associated with the projects that are presented; and applauded Chairman Guerriero for his excellent job chairing the Commission. E. Vice Chairman Naggar relayed that he respected the actions of the Planning Commission, advising that the Commission pay particular attention to densities with respect to subdivision projects. ADJOURNMENT At 7:47 P.M. Vice Chairman Naggar formally adjourned this meeting to Wednesday, November 17, 1999 at 6:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. Ron/(~uerrl~, Chairman bebbie Ubnoske, Planning Manager 10