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Home My WebLink About071993 PC MinutesMINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION HELD, JULY 19, 1993 A regular meeting of the City of Temecula Planning Commission was held on Monday, July 19, 1993, 6:00 P.M., at Vail Elementary School, 29915 Mira Loma Drive, Temecula, California. The meeting was called to order by Chairman Linda Fahey. PRESENT: 4 COMMISSIONERS: ABSENT: 1 COMMISSIONERS: Chiniaeff, Ford, Hoagland, Fahey Blair Also present were Planning Director Gary ThornhiU, Assistant City Attorney John Cavanaugh, Senior Planner Debbie Ubnoske and Recording Secretary Gail Zigler. None ~C)MMIfifiI~)N BIIRINFfifi 1. ~ It was moved by Commissioner Hoagland, seconded by Commissioner Ford to approve the agenda. The motion carried as follows: AYES: 4 NOES: 0 ABSENT: COMMISSIONERS: Chiniaeff, Ford, Hoagland, Fahey COMMISSIONERS: None COMMISSIONERS: Blair Approval of Plannin_n C.~mmission Minut~..~ 2.1 June 7, 1993 Planning Commission Minutes It was moved by Commissioner Hoagland, seconded by Commissioner Chiniaeff to approve the minutes of the June 7, 1993 Planning Commission meeting. The motion carried as follows: PCMIN07/19/93 -1 - 7/21/93 PLANNIN~ ~CIMMI~IE)N MINIITF~ ~MLY...1.9.~I.,~ AYES: 4 NOES: 0 ABSENT: COMMISSIONERS: Chiniaeff, Ford, Hoagland, Fahey COMMISSIONERS: None 1 COMMISSIONERS: Blair 2.2 Approval of June 21, 1993 Planning Commission Minutes It was moved by Commissioner Chiniaeff, seconded by Commissioner Hoagland to approve the minutes of the June 7, 1993 Planning Commission meeting. The motion carried as follows: AYES: 4 NOES: 0 ABSENT: COMMISSIONERS: Chiniaeff, Ford, Hoagland, Fahey COMMISSIONERS: None COMMISSIONERS: Blair NON-PlIRLIC HFARING ITFM~ Items No. 3 and No. 4 were presented to the Planning Commission jointly. 3. p,~.qR-0009. First Exten.~ion of Time for Tentntive Pnrcel Mop Ne. 2R0~.q A proposal for a four lot subdivision of a 5.51 acre site in the Industrial Park (I-P) Zone. Located on the westerly side of Ridge Park Drive, approximately 70 feet southerly of Rancho California Road. 4. PAgR-0010 Exten.~ion of Time for Plot Plan No. 34 A proposal to construct a seven story office building (102,243 square feet), two restaurants and (7,872 square feet and 7,000 square feet) on a four-level parking structure (134,933 square feet) on 5.51 acres. Located on the westerly side of Ridge Park Drive, approximately 70 feet southerly of Rancho California Road. Anthony Polo, Avalon Consultants, 42200 Hacienda Drive, Murrieta, representing the applicant, Preferred Equities Development Corporation, advised staff and the Commission that there is an approved minor change on the map from October 1991 which is not reflected in the Conditions of Approval. Mr. Polo asked for clarification regarding the length of the time extension. Mr. Polo stated that Ordinance 460 and the Subdivision Map Act allows for a three year extension if the developer is conditioned to build $100,000 or more of off-site improvements. Mr. Polo stated that this map is conditioned to build two Signals off-site. it was moved by Commissioner Hoagland to continue this item for two weeks to allow staff and the applicant an opportunity to resolve their issues. R:\PLANCOMM~MIN UTES\1993\07-19-93.doc 2 PLANNING C~MMIR~I~N MINIITFR ~.JLY...'[.,~.~ The motion failed due to lack of a second. Principal Engineer Ray Casey advised the Commission that staff's interpretation of the latest Subdivision Map Act, dictates that 3 year extensions are based on the first map being recorded in a phased manner, which has not happened with this applicant. Anthony Polo stated that the applicant has been conditioned to support the Western By- Pass Corridor which the applicant approves of in general, however, the applicant feels that the condition is not applicable because A) it has not been approved as part of the General Plan and; B) because it has not been approved as part of the General Plan the developer is concerned with any changes to the corridor. Mr. Polo stated that the developer requests the right to oppose the proposed Western By-Pass Corridor should it negatively impact the property. Mr. Polo stated that added conditions are held to General Plan amendments or health and safety issues and the applicant does not feel the multiple changes which he has been given address General Plan amendments or health and safety issues. Planning Director Gary Thornhill stated that the Western By-Pass Corridor is a significant feature of the General Plan and the City Council and Planning Commission have approved it by consensus. Commissioner Chiniaeff suggested amending the condition to read "subject to the adoption of the General Plan". Director Thornhill advised that should the plan not be adopted, the Condition would not be applicable. Principal Engineer Ray Casey advised the Commission that staff has concerns regarding erosion control and additional NPDS requirements. Mr. Casey stated that staff feels these issues apply to the general health, safety and welfare. It was moved by Commissioner Hoagland, seconded by Commissioner Chiniaeff to continue Item No. 3 and Item No. 4 to the meeting of August 2, 1993. The motion carried as follows: AYES: 4 COMMISSIONERS: Chiniaeff, Ford, Hoagland, Fahey NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Blair PURLIC HFARIN~ ITl=MR Proposed construction of a 17,342 square foot office/warehouse building in the Manufacturing Service Commemial (M-SC) zone. Located northerly of McCabe Court, approximately 300 feet westerly of Madison Avenue. R:\PLAN COMM\MIN UTES\1993\07-19-93.doc 3 PLANNING I~.(~MMIBBII3N MINIITI:~ .lilLY 1~1: l_CJ_Cl.'t Assistant Planner Craig Ruiz presented the staff report. Mr. Ruiz advised the Commission of a change to Condition of Approval No. 10, Page 11, deleting the request for a check in the amount of $1,250 to the Department of Fish and Game. Mr. Ruiz advised that staff was able to make a finding that there would be no negative impact. Commissioner Ford asked staff if landscape conditions of approval 19 and 20 could be reversed, to require 20 to be done prior to occupancy. Planner Ruiz concurred with Commissioner Ford's recommendation. Commissioner Chiniaeff said that he was concerned with the bonding requirements stated in Condition No. 18. Commissioner Chiniaeff stated that he felt requiring 100% bonding for landscaping was unwarranted. Planner Director Gary Thornhill said that staff would address his concerns. Chairman Fahey opened the public hearing at 6:30 P.M. Jeff Hardy, 27349 Jefferson Avenue, architect representing the applicant, questioned whether the applicant was exempt from the NPDES permit. Principal Engineer Ray Casey advised that the applicant is not exempt. It was moved by Commissioner Chiniaeff, seconded by Commissioner Ford to close the public hearing at 6:35 P.M. and ADOPT Resolution No. 93-16 approving PA93-0104, Plot Plan based on the analysis and findings contained in the staff report and subject to the attached Conditions of Approval, reversing Conditions No. 19 and No. 20 and amending Condition No. 10 per staff recommendation. The motion carried as follows: AYES: 4 COMMISSIONERS: Chiniaeff, Ford, Hoagland, Fahey NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Blair PA93-FI(iR.q ~enditinnnl Ll.~e Permit Proposal to locate an AM/PM self-service gas station and mini-mart on a .68 acre pamel in the General Commercial (C-I/C-P) zone. Located at 28231 Ynez Road. Assistant Planner Craig Ruiz presented the staff report. Mr. Ruiz advised of the following changes: 1) Page 7, amend title of the Resolution to read "....an ARCO AM/PM Mini- Market and Self-service Gas Station with concurrent alcohol sales..."; and 2) Page 13, Condition of Approval No. 13, amend condition to require applicant to pay $50.00 to the Department of Fish and Game and delete the requirement for a $1,250.00 check to the Department of Fish and Game. R:\PLANCOMM\MIN UTES\1993\07-19-93.doc 4 Chairman Fahey opened the public hearing at 6:35 P.M. Ida Sanchez of Markham and Associates, 41750 Winchester Road, Temecula, representing the applicant, expressed concurrence with the Conditions of Approval. Lee Robertson, 44525 La Paz, Temecula, expressed concern with the traffic impact the project will have at the proposed intersection which currently suffers from congestion. It was moved by Commissioner Hoagland, seconded by Commissioner Chiniaeff to close the public hearing at 6:43 P.M. and ADOPT the Negative Declaration for PA93-0089 Conditional Use Permit and ADOPT Resolution No. 93-17 approving PA93-0089 Conditional Use Permit based on the analysis and findings contained in the staff report and subject to the attached Conditions of Approval and ~ to the City Council Changing of the Draft General Plan Land Use Designation for the Subject Site from Office Professional to Highway/Tourist Commercial including modification to the Resolution by staff and amending Condition of Approval No. 13 deleting the request for a check in the amount of $1,250.00 to the Department of Fish and Game. Chairman Fahey stated that she has a significant concern regarding permitting alcohol sales at the mini-market. Commissioner Ford stated that he also has concerns with the sale of alcohol at a gas station based on the close proximity of the freeway at this location. Commissioner Ford stated that he has no problem with the original resolution proposed, however, he is opposed to the change in the resolution presented tonight. Commissioner Hoagland stated that other gas stations are allowed to sell alcohol and feels it would be unfair to deny the applicant the opportunity to compete fairly. Planning Director Thornhill stated that one of the reasons the sale of alcohol was denied on the previously proposed gas station in the Rancho Towne Center was based on the location of the church which was adjacent to that project. The motion carried as follows: AYES: 3 COMMISSIONERS: Chiniaeff, Hoagland, Fahey NOES: 1 COMMISSIONERS: Ford ABSENT: 1 COMMISSIONERS: Blair Chairman Fahey declared a recess at 6:45 P.M. The meeting reconvened at 6:50 P.M. PAgR-n124. PIct Plan Proposal to approve a 43,000 square foot tilt-up industrial building for sterilization, warehouse, and distribution for new medical products. Located on the east side of Business Park Drive between Rancho California Road and Rancho Way. R:\PLANCOMM~MIN UTES\1993\07-19-93.doc 5 PLANNINI~ COMMIRfilI3N MINIITF~ Planner Saied Naaseh presented the staff report. Chairman Fahey opened the public hearing at 6:55 P.M. There being no requests to speak, the public hearing was closed. John Lutkins, President of Medical Design Concept, stated that he concurred with the staff report and the conditions of approval. It was moved by Commissioner Hoagland, seconded by Commissioner Ford to An~PT Resolution No. 93-18 approving Plot Plan No. PA93-0124, Amendment No. 1 based on the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval and AD~PT Negative Declaration for Plot Plan No. PA93-0124, Amendment No. 1 based on the analysis and findings contained in the staff report and subject to the attached Conditions of Approval. Commissioner Hoagland stated that he noticed that the applicant submitted the project on June 18, 1993 and he hopes that the business community takes notice of staff's efforts to process these applications in a timely manner. The motion carried as follows: AYES: 4 COMMISSIONERS: Chiniaeff, Ford, Hoagland, Fahey NOES: 0 COMMISSIONERS: None ABSENT: I COMMISSIONERS: Blair 8. PA93-0125. Conditional [Jse Permit Proposal for a Conditional Use Permit allowing the use of the Temecula showgrounds for motocross and off-road events including practice and races. Located at the Temecula Showgrounds, west of Diaz and south of Temecula City limits. Saied Naaseh presented the staff report. Planning Director Gary Thornhill referred to a letter from Mr. Cohen regarding amheological issues. Paragraph one of the letter expressed some concerns regarding the dirt mound known as the jump on the property and where the dirt was extracted from. Mr. Thornhill advised that the archeologist confirmed that the dirt used to construct the mound was not taken from the archaeologically sensitive area. Director Thornhill stated that there is no archaeologically sensitive area within the proposed development area and the applicant has been instructed to avoid the sensitive areas completely. Mr. Thornhill also referred to a letter by the South Coast Air Quality Management District (AQMD), advising the Commission that the letter was received by staff late Friday, July 16, 1993. Mr. Thornhill suggested that the Commission continue PA93-0125 Conditional Use Permit to allow staff to address the issues raised by the AQMD. Chairman Fahey opened the public hearing at 7:05 P.M. R:\P LANCOMM'~MiN UTES\1993\07-19-93.doc 6 PLANNING CI3MMI.~It")N MINUTFR ~ Dirck Edge, 27349 Jefferson Avenue, #203, Temecula, attorney representing the applicant, asked for clarification on the requirement for Condition #27 and #34. Mr. Edge stated that the AQMD had thirty (30) days to respond and on the final hour, they have fixed a letter and derailed the project. Mr. Edge advised that Shoemaker Productions has a scheduled race on August 15, 1993 and to continue this item to August 2, 1993 could pose a hardship to the applicant. The following individuals expressed support of the proposed Conditional Use Permit for the Temecula Motosports Park: John DiCiaula, 42009 Rubicon Circle, Temecula. Marlo Pichel, 28007 Front Street, Temecula. Dr. Vernon Poole, 25536 Buckly, Murrieta. Lee Roberson, 28093 Front Street, Temecula. Grig Erickson, 43164 Corte Calandra, Temecula. Charles Weedon, 640 Cable Court, Oceanside. Kelly Pichel, P.O. Box 246, Aguanga. Dana LeGrand, 46205 Anza Road, Temecula. James Cohen of California Indian Legal Services, 1820 S. Escondido Boulevard, Escondido, representing the Pechanga Indian Reservation, advised the Commission that the Pechanga Indians are not opposed to the Motocross Sports Park or the race activities, however, they would not like these activities to take place over the burial grounds. Mr. Cohen asked for the following minor changes to the Conditions of Approval: 1) a salvage operation be done on the dirt which forms the mound (the jump), which the monitors have stated came from the midden area (archaeologically sensitive area), with a complete investigation of the contents of the dirt; 2) a description of the buffer zone area be placed in the Conditions of Approval. Director Thornhill advised that the recommendations made were based on the completed study by the archeologist and his determination was that the materials used to make the mound were not from the midden area. Mr. Cohen stated that the archeologist initially stated that no human remains would be found at the site. Mr. Cohen requested that before the Negative Declaration is adopted, consideration be given to this issue. Doris Wahiteda, a member of the Pechanga Indian Tribal Council, said the indians are not trying to prevent racing, they just want the material in the mound analyzed to ensure there are no more human remains. Melanie Churcon, Fallbrook, expressed her support of the proposal The applicant, Don Shoemaker, advised the Commission that the material used to make up the mound was taken from an area at the north end of the track which was dug out and that area is now used for the pie-wee track. Commissioner Chiniaeff suggested that the applicant put the mound material back in place and re-build the jump with materials taken from another area outside of the sensitive area. R:\PLANCOM M\MINUTES\1993\07-19-93.doc 7 PLANNIN{~ C~MMI~.~I~3N MINIITF~ ~JLY...~.~..~.~ Planning Director Gary Thornhill advised the Commission that the applicant is on a very tight schedule and there has been a lot of negative press regarding whether or not the track would ever operate again. Director Thornhill stated that he feels the applicant should not have to pay for an observer in the areas that the archeologist has stated are not impacted. He asked for direction from the Commission on whether staff can resolve the issues raised by AQMD and Native American Indians. Commissioner Ford expressed concern regarding the circulation at the track and asked that staff and the applicant look at the access to the pit area, the spectator area and the area around the jump which allows spectators to stand in the immediate area of the jump. Commissioner Chiniaeff stated that he concurs with the comments made by the supporters. He stated that the City owns the property, is responsible for leasing the property and questioned the fees that the applicant has been conditioned for. Commissioner Hoagland concurred, clarifying that the applicant was entering into a lease agreement, not purchasing the land from the City and recommended deletion of Condition 34. Commissioner Hoagland stated that he feels this is a good proposal and the conditions are reasonable and suggested the Commission could conditionally approve this pending resolution of the concerns expressed in the letter by the AQMD if no additional work is required. Assistant City Attorney John Cavanaugh said based on issues raised by the AQMD which could affect the Negative Declaration, he woufd feel more comfortable if the Commission directs staff to address those concerns and bring the item back as early as possible for a recommendation by the Commission. Chairman Fahey stated that she is in support of the proposal provided the AQMD issues can be addressed. The overall consensus of the Commission was in favor of the project. It was moved by Commissioner Chiniaeff, seconded by Commissioner Hoagland to continue PA93-0125 Conditional Use Permit to August 2, 1993, to allow staff to address the concerns expressed by the AQMD and the Pechanga Indians. The motion carried as follows: AYES: 4 COMMISSIONERS: Chiniaeff, Ford, Hoagland, Fahey NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Blair PLANNIN~ DIRFCTCIR'.~ RFP~RT Planning Director Gary Thornhill advised the following: R:\PLANCOMM~MIN UTES\1993\07-19-93.doc 8 pLANNIN~ ~t")MMIRRII~N MINUTI:R JULY 1_cl. l_q_qR The Wal-Mart proposal went before the City Council on July 13, 1993 and was approved on a 3-2 vote, with Mayor Mu~oz and Councilmember Stone in opposition. The Temecula auto dealer's marquee was presented to the Council on July 13, 1993 and was continued. The Council choose two representatives to work with the applicant on the sign design, and requested that the Planning Commission be represented also. Commissioner Chiniaeff and Commissioner Ford voluntebred to work along with Council and the applicant on the sign design. Per the request of Commissioner Blair, the Department submittal requirements and documentation will be on the August 2, 1993 agenda. pLANNIN~ ~t")MMIRRIt~N I~IRCIIRRION Commissioner Chiniaeff asked staff to look into the amount of bonding required for landscaping. None Chairman Fahey declared the meeting adjourned at 8:30 P.M. The next regular meeting of the City of Temecula Planning Commission will be held on August 2, 1993, 6:00 P.M., at Vail Elementary School, 29915 Mira Loma Drive, Temecula, California. Planning Director, Gary Thornhill R:~PLANCOMM~MINUTES\1993\07-19-93.doc 9