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HomeMy WebLinkAbout080608 PC Minutes iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillillillilillillillillillillilliillillilillillilI MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION AUGUST 6, 2008 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:00 p.m., on Wednesday, August 6, 2008, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ALLEGIANCE Commissioner Harter led the audience in the Flag salute ROLL CALL Present: Commissioners: Carey, Chiniaeff, Guerriero, Harter, and Telesio Absent: None PUBLIC COMMENTS None at this time. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of June 18, 2008 1.2 Approve the Minutes of July 9, 2008 1.3 Approve the Minutes of July 16, 2008 MOTION: Commissioner Guerriero moved to approve the Consent Calendar. Commissioner Harter seconded the motion and voice vote reflected approval with the exception of Commissioner Chiniaeff who abstained on Item No. 1.2 and Commissioners Carey and Chiniaeff who both abstained on Item No. 1.3. COMMISSION BUSINESS 2 Appoint one Commissioner to work with staff on creating a Sustainability Plan RECOMMENDATION: 2.1 Appoint Planning Commissioner Guerriero to work with staff on the Sustainability Plan. RAMinutesPC1080608 1 MOTION: Commissioner Chiniaeff moved to appoint Commissioner Guerriero to work with staff on the Sustainability Plan. Commissioner Harter seconded the motion and voice vote reflected unanimous approval. PUBLIC HEARING ITEMS It was the consensus of the Planning Commission to address the agenda out of order. 6 Planning Application Numbers PA08-0008 and PA08-0083 a Commercial Development Plan to construct a 64,000 square foot four-story mixed use building and associated Sign Program. Cheryl Kitzerow/Matt Peters. Case Planners RECOMMENDATION: 6.1 Continue to August 20, 2008 Planning Commission hearing at the request of the applicant. Per the request of staff, Item No. 6 will be continued to August 20, 2008, Planning Commission meeting. 4 Planning Application Number PA07-0216, a Wireless Antenna Facility application for a proposed 70'-5" high Verizon Wireless Telecommunications facility incorporated into an existing self-storage facility RECOMMENDATION: 4.1 Adopt a resolution entitled: PC RESOLUTION NO. 08-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0216, A WIRELESS TELECOMMUNICATIONS FACILITY APPLICATION CONSISTING OF TELECOMMUNICATION ANTENNAS MOUNTED TO A 70' 5" HIGH FAUX LIGHT POLE AND GROUND MOUNTED EQUIPMENT TO BE LOCATED WITHIN AN EXISTING SELF-STORAGE FACILITY LOCATED AT 31524 RANCHO PUEBLO ROAD (APN 959-070-024) By way of PowerPoint Presentation, Case Planner Jones highlighted the main components of staff's report as follows: • Project Description • Location • Site Plan • Elevations • Coverage • After Coverage • Environmental Determination At this time, the public hearing was opened. RAMinutesPC\080608 2 In response to Commissioner Chiniaeff's query, Mr. Jones advised that it would be his opinion that the difference in diameter between the existing light poles and new proposed light poles would be 8 inches; advised that because of the added weight of the antennas the diameter was increased; and that the light poles would be placed on the storage property made to resemble athletic field light poles of the adjacent property. Mr. Cary Warren, representing Verizon Wireless, noted that the future hospital will not have an affect of the Verizon Wireless coverage. At this time the public hearing was closed. MOTION: Commissioner Guerriero moved to approve staff recommendation. Commissioner Chiniaeff seconded the motion and voice vote reflected unanimous approval. 5 Planning Application Number PA08-0133. A Development Plan for the construction of a 18.836 square foot, two-story office building RECOMMENDATION: 5.1 Adopt a resolution entitled: PC RESOLUTION NO. 08-38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NUMBER PA08-0133, A DEVELOPMENT PLAN FOR THE CONSTRUCTION OF A TWO-STORY 18,836 SQUARE FOOT OFFICE BUILDING ON A 1.06 ACRE LOT WITHIN THE PROFESSIONAL OFFICE (PO) ZONE, GENERALLY LOCATED AT THE NORTHEAST CORNER OF MARGARITA ROAD AND DE PORTOLA ROAD, AT 43980 MARGARITA ROAD (APN 959-050-014) By way of PowerPoint Presentation, Case Planner Lowrey highlighted the main components of staff's report, such as follows: • Project Description • Location • Site Plan • Landscaping • Adjacent Office Architecture • Environmental Determination • Parking In response to Commissioner Chiniaeff's query, Case Planner Lowrey noted that the first two stories will be offices and that the third floor will be a mechanical room; advising that parking will be sufficient and that there is a reciprocal parking agreement between the two adjacent lots and the subject site. At this time, the public hearing was opened. Mr. Josh Sigler, representing Axis 3 Architecture, relayed that the difference between the pad level of the proposed project and adjacent homes would be 10 to 15 feet; and air conditioning R:wlinutesPC\080608 3 units would be located on the roof which will be disguised; advising that solar power will be used. Case Planner Lowrey added at the setbacks would be 25 feet from both DePortola Road and from Margarita Road. For Commissioner Chiniaeff, Case Planner Lowrey noted that she has not had any correspondence from adjacent residents. At this time, the public hearing was closed. Commissioner Chiniaeff spoke highly of the aesthetics of the proposed project but did express some concern with the massiveness of the project compared to the adjacent businesses. MOTION: Commissioner Chiniaeff moved to approve staff recommendation. Commissioner Guerriero seconded the motion and voice vote reflected unanimous approval. 3 CONTINUED FROM JULY 16. 2008 MEETING: Planning Application Number PA07- 0340, a Minor Conditional Use Permit to authorize a video game arcade and party facility within an existing 20.000 square foot building, Katie Le Comte. Case Planner RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION 08- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NUMBER PA07-0340, A MINOR CONDITIONAL USE PERMIT AUTHORIZING A 20,000 SQUARE FOOT VIDEO GAME ARCADE AND PARTY FACILITY WITHIN AN EXISTING COMMERCIAL BUILDING LOCATED AT 27468 YNEZ ROAD (APN 921-320-058) Due to a conflict of interest, Commissioner Harter excused himself from the dais. By way of PowerPoint Presentation, Case Planner Le Comte, highlighted the main components of staff's report, to be as follows: • Project Description • Location • Background • Floor Plan • COA • Analysis • Environmental Determination In response to Commissioner Carey's query, Case Planner Le Comte noted that the applicant will be required to comply with the Police Department's Statement of Operation. RAMinutesPC\080608 4 Director of Planning Ubnoske advised that the application before the Commission would be a Conditional Use Permit (CUP) and that if problems arise, staff would seek a remedy. For Commissioner Chiniaeff, Assistant City Attorney Curley advised that it would be the Planning Commission's purview to add a condition that would not allow the applicant to sell alcoholic beverages, but that the applicant would have the right to seek an amendment to this in the future. Referencing Chairman Telesio's concern with Condition of Approval PL-25, Case Planner Le Comte advised that the language could be revised from supervised by an adult to supervised by a legal guardian. Chairman Telesio noted that it would be his opinion that Conditions of Approval Nos. PD-30, PD-31 and PD-34 were not conditions but rather advisory notices. At this time, the public hearing was opened. Mr. Michel Knight, applicant, stated that in response to the concerns and queries of the Planning Commission, the following was offered: • That he would be in agreement with all Conditions of Approval • That he would not have any intention of providing alcoholic beverages • That every 3 months or so arcade games are switched with another facility • That all children's games are grouped together and will be monitored • That there will not be someone monitoring the live streaming 24/7 • That an alarm will be posted on the back door • That no food service will be sold in the facility • That No alcoholic beverages will be allowed and signs will be posted throughout the facility • That vending machines for candy and sodas will be available • That video cameras are recording at all times and are kept for 30 days • That there will be two managers the age of 21 and up • That managers will be trained accordingly • That there will be a staff of 14 security guards that rotate between facilities • That he would be willing to close at 10 p.m. on the weekends • That he has one other arcade facility in operation • That the biggest problem he would have with his current facility would be patrons not paying their tabs • That the ages of the security guards would range from early twenties to mid thirties • That security will ensure that alcohol is not be permitted on the premises • That he does not know who owns the bins in the back of the building Mr. Denny Myle, Temecula, relayed his concern with the war type games being available, advising that kids will be negatively affected by the violent games and would request that the violent and "R" rated games not be allowed. Offering information with respect to Mr. Knight's business tactics, Mr. Bryce Ebeling, Menifee, requested that the Planning Commission deny the applicant's request. Mr. Knight defended the negative comments made by the two speakers. kNinutesM080608 5 1111IM11111111 At this time, the public hearing was closed and then reopened. Noting that Mr. Knight has the purview to submit an application to open a business in Temecula, Chief Williams relayed that he does have grave concerns with this type of business and the impacts that will be associated with it; but informed that the Police Department will be prepared to respond to any problems. Commissioner Chiniaeff relayed the importance of video surveillance cameras being monitored during business hours. In response to Commissioner Chiniaeff's concern with the time of closing, Chief Williams noted that he would not anticipate any problems with the arcade closing at 11:00 p.m. as proposed; but, because of expected concerns, the Police Department will be monitoring the establishment closely. Commissioner Chiniaeff suggested that perhaps a Condition of Approval can be imposed that would require the establishment to close at 10:00 p.m. for one year. Commenting on Commissioner Guerriero's concern with respect to gangs and the rear of the building, Chief Williams advised that this type of establishment will inevitably attract gang members; noting that he would anticipate that the back of the establishment will become a problem. At this time, the public hearing was closed. Understanding that Mr. Knight deserves the right to open a business in Temecula, Commissioner Guerriero stated that this proposal, if approved, will be closely monitored to ensure that no problems arise with respect to gang members loitering in the rear of the establishment; and stated that he would be hopeful that that the applicant will abide by all Conditions of Approval. Relaying his view of the proposed project, Commissioner Chiniaeff noted that under the CUP process, the Planning Commission has the responsibility of evaluating the types of businesses that come to the City of Temecula; stated that this type of use at this location has a great potential to create a problem for the community (gangs) that he would not be desirous of creating; that he would be of the opinion that the curfew will cause a problem with this project and would be desirous of having the establishment close at 10:00 p.m. which may limit potential problems that may arise; that he spoke with the adjacent tenants and was advised of the problems the site encountered when it operated as a haunted house; and that he would be of the opinion that the Condition of Approval relating to the amount of security officers based upon the crowd would be a conflict in and of itself. Also understanding that Mr. Knight has the purview to open a business in Temecula, Commissioner Carey expressed his concern with the type of business and its location, and the type of crowd that will be drawn to the business; and would be desirous of implementing more restrictions i.e. time of closing. Concurring with the Conditions of Approval, Chairperson Telesio relayed his willingness to give the applicant an opportunity to run a decent business; noted that any slight problem will be dealt with by the Police Department; noting for the record that the conditions are not simply R:\MinutesPC\080608 6 Conditions of Approval but Conditions of Operation; that if approved, all conditions must be satisfied or the applicant will need to return to the Planning Commission. Director of Planning Ubnoske noted that staff will add a Condition of Approval that imposes that if the applicant wishes to incorporate alcoholic beverages in the facility, it would require Planning Commission approval; and that children under the age of 10 must be accompanied by a parent, guardian and/or adult person having custody of the child. MOTION: Commissioner Guerriero moved to approve staff recommendation subject to Conditions of Approval as well as the conditions imposed by Planning Director Ubnoske. Commissioner Telesio seconded the motion with Commissioner's Carey and Chiniaeff who voted No. Assistant City Attorney Curley noted that because the vote resulted in one abstention, two yeses, and two no's, this would be considered a non-approval; that the Planning Commission would have the option to consider this item terminated or the Planning Commission could establish some negotiations in order to reach an approval. Noting that this applicant has an opportunity to run a decent business, Commissioner Guerriero stated that if the applicant abides by all the Conditions of Approval, he would not see why the applicant cannot be given an opportunity to run a business in a proper fashion. Taking a strong position, Commissioner Chiniaeff noted that he would be of the opinion that this type of use, at this location will adversely affect the community in a negative manner and would not be in favor of its approval. For the Planning Commission, Assistant City Attorney Curley noted that it would be important that the Commission understand that a finding that the proposed project will or will not have an adverse affect on the general welfare of the community, must be determined. Commissioner Carey queried if there was a possibility of creating a system that would evaluate the facility, ensuring that it's running in full compliance. For Commissioner Carey, Assistant City Attorney Curley noted that if the applicant violates the Conditions of Approval, then the item can be brought back to the Planning Commission for review. Chairperson Telesio noted that it would not be feasible for staff to check on the operation on a daily basis; stated that this facility will be complaint driven, and that if complaints are made, Code Enforcement will respond; and that if a Condition of Approval is broken, the item can be returned to the Planning Commission for review. Commissioner Carey noted that he would feel more comfortable approving the project if the closing time was changed from 11:00 p.m. to 10:00 p.m. and that if complaints arise from adjacent uses, that Code Enforcement will immediately respond; advising that monitoring of the facility will be strictly enforced. Commissioner Chiniaeff stated that it would be his opinion that the proposed project would be a detrimental impact to the heath, safety, and general welfare of the community; and noted that the amount of vacant spaces in the shopping center may become a target for blight, targeted by the proposed use. RAMinutesPC\080608 7 Commissioner Guerriero requested continual monitoring of all surveillance cameras. For the Planning Commission, Case Planner Le Comte advised that there will not be continual monitoring of the cameras but a condition can be imposed if this was the desire of the Planning Commission. Assistant City Attorney Curley noted that language can be added to state that in addition to the security required by PD-16, that an individual be trained to monitor all surveillance cameras inside and outside and to contact police if and when necessary. Director of Planning Ubnoske noted that a condition that imposes that all cameras shall be continually monitored; that the business close at 10:00 p.m.; noting that applicant would have the ability to return to the Planning Commission at a later point in time to request an amendment to the condition; and that if the Commission is of the opinion that a sufficient amount of time has passed without any issues, the Planning Commission can support the request. For the Commission, Assistant City Attorney Curley noted that it would be the purview of the Planning Commission if the item is to be continued to craft the language or can be crafted at this time. Chairperson Telesio relayed that in order to not prolong this application it would be his desire to craft the language at this time, noting that it would be his opinion that the applicant should be allowed to close at 11:00 p.m. as proposed. Noting that because the application would be a Conditional Use Permit (CUP), Director of Planning Ubnoske stated that if any point in time there is a violation of a Condition of Approval, staff would have the ability to revoke the permit. Chairperson Telesio would be willing to approve the project and tighten the conditions as much as possible which would allow the applicant an opportunity to run a solid business establishment. Commissioner Chiniaeff stated that it would be his opinion that in order to prevent a problem with respect to curfew, the closing time should be 10:00 p.m. Commissioner Guerriero along with Chairperson Telesio relayed that they would be willing to change the closing time to 10:00 p.m. MOTION: Commissioner Guerriero moved to approve staff recommendation adding a condition that would impose that the facility close at 10:00 p.m. versus the proposed 11:00 p.m.; that Condition of Approval PD-18 impose that all cameras specified in PD-18 shall be monitored at all times during which the use is open to the public by a security officer who shall be an addition to the security guards required by PD-16, who shall be authorized or required to summon the Police Department upon observing unlawful or disruptive activity. Commissioner Carey seconded the motion and voice vote reflected approval with the exception of Commissioner Harter who abstained and Commissioner Chiniaeff who voted No. Assistant City Attorney Curley advised that staff will amend the Conditions of Approval to reflect all imposed changes ensuring that the applicant is aware of the changes to conditions and is aware that he would have the right to appeal to the City Council regarding the changes to the newly imposed requirements. RAMinutesM080608 8 COMMISSIONERS' REPORTS Commissioner Chiniaeff expressed concern with the aesthetics of the senior development on the corner of Margarita Road and Deportola Road. In response to Commissioner Chiniaeff's concern with respect to the senior development on Margarita and De Potola Roads, Director of Planning Ubnoske advised that that developer has defaulted on its construction loan. Director of Planning advised that she will have Code Enforcement Deputy Director Johnston provide a status report to the Commission with respect to the abandoned homes in Temecula. PLANNING DIRECTOR'S REPORT No reports at this time. ADJOURNMENT At 6:40 pm, Chairman Telesio formally adjourned to August 20. 2008 at 6:00 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula. John Tele o Debbie Ubnoske Chairman Director of Planning R:\MinutesPC\080608 9