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HomeMy WebLinkAbout071596 PC MinutesMINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION JULY 15, 1996 A regular meeting of the City of Temecula Planning Commission was called to order on Monday, July 15, 1996, 6:00 P.M., at the Rancho California Water District Board Room, 42135 Winchester Road, Temecula, California. Chairman Fahey presiding. PRESENT: Miller, Slaven, Soltysiak, Webster, Fahey Also present were Community Development Director Gary Thornhill, Assistant City Attorney Rubin D. Weiner, Senior Planner Dave Hogan, Senior Planner John Meyer and Principal Engineer Steve Cresswell. The minute clerk was absent. PHB! IC COMMI=NT.~ Chairman Fahey called for public comments on non-agenda items at 6:05 P.M. There were no requests to speak. COMMI-~SION RUSINFSS 1. Approval of Agenda it was moved by Commissioner Slaven and seconded by Commissioner Webster to approve the agenda. The motion carried as follows: AYES: 5 COMMISSIONERS: NOES: 0 COMMISSIONERS: ABSENT: 0 COMMISSIONERS: A~.oroval of Minutes 2.1 Fahey, Miller, Webster, Soltysiak None None Approval of Minutes December 4, 1995 It was moved by Commissioner Slaven and seconded by Commissioner Webster to approve the minutes. The motion carried as follows: AYES: 3 COMMISSIONERS: Miller, Slaven, Webster NOES: 0 COMMISSIONERS: None ABSTAIN: 2 COMMISSIONERS: Fahey, Soltysiak R:\PLANCO~f\MINUTF. S\1996\071596.PC 9/10/96 klb ~ P! ANNIN~ ~.~MMIRRION 2.2 2.3. 2.4 JII!y 15. 1996 Approval of Minutes February 5, 1996 It was moved by Commissioner Slaven and seconded by Commissioner Webster to approve the minutes. The motion carried as follows: AYES: 4 COMMISSIONERS: Fahey, Miller, Slaven, Webster NOES: 0 COMMISSIONERS: None ABSTAIN: 1 COMMISSIONERS: Soltysiak Approval of Minutes May 20, 1996 It was moved by Commissioner Slaven and seconded by Commissioner Webster to approve the minutes. The motion carried as follows: AYES: 5 COMMISSIONERS: Fahey, Miller, Slaven, Soltysiak, Webster NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None Approval of Minutes dated June 3, 1996 Page 4, last paragraph, Commissioner Miller requested the correction that mechanical equipment on the building be screened so the adjoining buildings cannot see the mechanical equipment. Page 5, line 5, Commission Miller requested clarification. Chairman Fahey requested the correction regarding the columns to read 'Commissioner Slaven expressed concern about the design of the columns.' Commissioner Soltysiak requested the addition for clarification that the applicant agreed to add additional treatment on the elevation facing the freeway. Page 3, Commissioner Miller requested the correction to change the second the Shell Station to Texaco Station. It was moved by Commissioner Miller and seconded by Commissioner Slaven to approve the minutes as corrected. R:\PLANCO!~4\MINUTF. S\1996\071596.PC 9/10/96 klb 2 P! ANNINn ~-OMMI-~SION The motion carried as follows: AYES: 5 NOES: 0 ABSENT: 0 COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: JIII y 15. 1996 Fahey, Miller, Slaven, Soltysiak, Webster None None Ap.0roval of finding for convenience or necessity for a Reer and Wine ! icerise for PA96- 0198. AR~ AM/PM. Ro~,theast ~orner of Winchester Road and Nicolas Road Senior Planner Dave Hogan presented the staff report for off-site sale of beer and wine. The service station and convenience market associated with this item were approved at a Director's Hearing on July 3, 1996. Commissioner Slaven stated that at the May 20, 1996 meeting the Commission requested staff provide some criteria for the finding of convenience. Senior Planner Dave Hogan stated the criteria was not complete at this time. Applicant Larry Markham, 41750 Winchester Road, representing ARCO stated this ARCO station will be similar to the aesthetics of the ARCO on Ynez Road. it will operate on a 24 hour basis. There will be no arcade games and they will not allow loitering. ARCO prefers not have any pay phones on site to also discourage loitering. They will have the standard food service menu; this is a company owned store and not a franchise. ARCO has provided information to the Commission on past community contributions by ARCO including Temecula and Murrieta. Relative to the Chaparral High School - The ARCO Station will be 134 feet across a six lane highway, not including turning lanes and breakdown lanes. The distance from building to building is approximately 600 feet as the crow flies. The walking distance from the front door of ARCO to the front door of the school is approximately 1/4 mile, that is measured walking along the sidewalk, not as the crow flies. The school will be a closed campus and ARCO does not anticipate any problems. ARCO has had other instances where they have been in far closer proximity to educational facilities and have ARCO representatives available to illustrate this point. Mr. Markham stated this property was zoned Commercial in the mid-80s as part of the Roripaugh Hills Specific Plan and has remained Commercial subject to a development agreement and that predates the purchase of the high school property. He stated he believes the high school property was originally zoned Ught Industrial and was purchased by the high school with the purpose of constructing a high school a couple of years ago. That commercial property at that time did have an approved plot plan for a mini-market type facility. This is a redo of that approved plot plan and there is also an approval to the east for a supermarket, drugstore type facility which will come and request liquor, beer, wine sales which is typical. ARCO requests that the commission grant the approval and the findings of convenience and necessity. Chairman Fahey requested the applicant to address public necessity or convenience. Mr. Markham referred to the map. The only alcohol licenses that have been granted east of Ynez Road are the Chevron Station (Costco Center), Costco, Texaco Food Mart at Murrieta Hot R:\PLA~C(I~4\M~NUTES\1996\071596.PC 9/10/96 klb 3 P!-ANNIN~ ~-~'IMMIS~I(1N Jill y 15. 1996 Springs Road. Mr. Markham informed the Commission that all three ARCO stores in Temecula are company owned. Commissioner Soltysiak expressed concerns about hours of operation, hours of alcohol sales, employee age requirements, and alcohol sales advertising. Larry Markham responded that the hours of operation are 24 hours, standard state law hours of alcohol sales is 6:00 a.m. to 2:00 a.m. Minimum age requirement is 21. Mr. Markham state he did not believe there were plans to advertise alcohol sales but he will defer to Mr. Unscogg. There is no proposed take out food service such as a Taco Bell or a Subway. He reiterated there would be no video games. In response to the question of individual container sales of beer, Mr. Markham deferred the question to Mr. Unscogg. Within the layout of the store, the alcohol is in the rear of the store. This is a standard ARCO layout, they also discussed this with the Sheriff's Department as to layout. The Sheriff's Department requested the store face the corner so they can see into the store as they drive by. John Linscogg, ARCO Product, 4 Centerpointe Drive, La Palma, responded to the additional questions. ARCO generally does not advertise in the windows. Their Chief of Security does his best to keep the windows open for the officers in the street to see what is going on in the stores when they drive by. In response to sale of individual alcohol containers; the company has agreed to allow no individual sales but it is difficult to monitor. ARCO does not sell alcohol or gas to people who are intoxicated. Commissioner Slaven questioned the age requirement for people who work for ARCO. Mr. Unscogg responded that employees must be 21 to sell alcohol between the hours of 10 p.m. to 2:00 a.m. but can be under age and sell alcohol between the hours of 6:00 a.m. to 10 p.m. Mr. Unscogg stated the employees are very well trained at their facility in Pomona. Commissioner Miller asked if they would be opposed to a condition that their employees be 21 years or older. Mr. Unscogg was not certain what the company's position would be. If the Commission felt it was something that would enhance sales to minors they would consider it. Mr. Unscogg stated they have not had a problem with that, especially in Temecula, and have not been cited by ABC for any violation. Part of the reason ARCO doesn't allow pay phones and video games is because that does create loitering situations and ARCO does everything they can to minimize that. Commissioner Soltysiak inquired about the status of the ABC application. Mr. Unscogg stated it has not been filed yet but will be shortly. Commissioner Soltysiak inquired as to how ARCO handles on-site alcohol consumption. Mr. Linscogg stated employees are instructed to notify the Police if this occurs as well as cigarettes being used by minors. The policy with respect to cigarette sales is that staff is trained to check the ID of people to assure they are of legal age to buy either product. Ralph Salzman, 426 Culver Blvd., Playa del Rey, Counsel for ARCO, stated that the alcohol license is one that is being purchased and not a new license, it is one in existence already. It won't be adding to the overall county statistics. Chairman Fahey stated this is not a public hearing item, although there are several people who have requested to speak on this item and advised them on the request speak guidelines and allow them to address the item. R:\PLANCO~4\MINUTES\1996\071596.PC 9/10/96 klb 4 PLANNIN~ ~OMMIRSIt~N .lilLy 15. 1996 Janet Dixon, 31860 Via Cordoba, Temecula spoke representing the Temecula Valley Unified School District. The ARCO site is directly across the street from Chaparral High School which is presently under construction, and will be opening in the summer of 1997 for 2,100 students with expansion planned for 2,400 students within a few years. The school is only 134 feet from the ARCO site. She said based on Business and Professions Code Chapter 5, Section 23789, paragraph B a license can be refused for a site within 600 feet of a school facility the Temecula Valley Unified School District is opposing the liquor license to the ARCO Station. Sonny Salkind, owner of Texaco Food Mart approximately one mile from the proposed ARCO Station stated he welcomes ARCO in the neighborhood, but to have alcohol sales directly across the street from a high school he would oppose it. He said he has monitored his center for five years and they do have a lot of youngsters come in and they police it because they are open 24 hours. Ray Tooter, 27420 Balander Court, I live above the proposed site and there are three gas station mini-marts within a mile and one-half of residents, so I can tell you it is convenient to get to any of the three existing locations. Two major concerns, first we are putting an all night liquor store next to a school. Second, he expressed concern with the crime and graffiti that in residential and school area typically accompany all night liquor stores. Roberta Tooter, 27420 Balander Court, said alcohol is not acceptable so close to a high school. She said she blanketed about three blocks in the Roripaugh Hills area and out of those three blocks I got 44 signatures requesting denial of this liquor license with this AM/PM. ARCO has three AM/PM's in Temecula, and there are others as well and she and I have a hard time seeing the necessity for another one. Del James, 27546 Jon Christian Place, stated he agreed with the previous concerns of the previous speaker. He is opposed to the sale of alcohol and liquor and he feels the Commission probably knows this facility should not be built, let alone sell alcohol and liquor. Mr. Black, 39561 Linett Circle, spoke in opposition to the application based on the sale of liquor. Patricia Keller, 39201 Celinas Drive, Murrieta, spoke in opposition and suggested that if this might go through ARCO agrees to have a 24 hour security guard on-site as a deterrent. Cecilia Axton, 30169 Sierra Madre Drive stated she is opposed to any type of alcoholic beverages being sold at this location. She volunteers in the community and with the school district. She doesn't feel this is the right message to send to our kids. Mark Esbensen, 27311 Jefferson Avenue spoke in favor of the ARCO. He stated there are 30 to 40 acres of commercial at that intersection. There was a Ralph's approved across the street, but due to the market, that fell apart. He believes we will definitely see a market, drugstore, at the site. He stated the owner of the property has $850,000 in assessments on his 8.5 acre site and he has done his share for street improvements and trying to help the situation that has buried him in assessments. Chairman Fahey, asked if Mr. Markham to address the Commission before they consider the Item. He asked Ralph Salzman to speak. R:\PLANCgi~,E~\MINUTE$\1996\O71596.PC 9/10/96 pI ANNIN~ ~r)MMI.~RIrIN Jllly 15. 19-q6 Ralph Salzman, provided clarification on the statute that was cited. He stated the statute 23958.4 calls for municipalities to provide input to the Department of Alcoholic Beverage Control as to public necessity or convenience. The only individual who spoke on the issue of public necessity or convenience was Mr. Markham who addressed the issue, that by definition this is a convenience store, the addition of beer and wine is purely as a convenience to the customers who come in. It's sales are minimal, however it does provide a convenience to customers who are already frequenting the store and mainly purchasing gasoline. With respect to 23958.4, the statute permits the Department of ABC, not the municipality to deny a license where there is a consideration point. Schools are called consideration points. ABC, during the conduct of their investigation looks to the school district, sees its distance and talks to school representatives and then comes to a conclusion as to whether a license should be issued or not. Commissioner Soltysiak questioned that if the alcohol sales component is minimal in sales, then why is this a big issue? Mr. Salzman, replied we lose customers for gas and other purchased items if they know we do not sell alcohol and they must go to another store. He clarified for Chairman Fahey that he did not know if the alcohol license being purchased was one from within the City of Temecula. Chairman Fahey moved to Commission Discussion Commissioner Slaven expressed concerns regarding ARCO's difficulty with prohibiting the sale of single alcohol containers. Due to the difficulty defining "convenience' she recommended ARCO consider finding a new location more conducive to the type of business they want to operate. Commissioner Soltysiak requested clarification from Assistant City Attorney Rubin Weiner on approval process with a purchased alcohol license or a new alcohol license. Mr. Weiner stated there would be no difference. He further clarified for Commissioner Soltysiak that Section 23789 is not relevant to the discussion. When ABC considers whether to issue the license they will consider that as a factor and also consider as a factor whether the Planning Commission has determined that it serves a public necessity. ABC will not consider Section 23789 unless the Planning Commission has determined that it will serve the public convenience and necessity. Chairman Fahey requested clarification, "is it inappropriate to consider within public convenience and necessity the distanc~ the from the high school?' Mr. Weiner stated the public convenience and necessity is an undefined term. It does not have to be defined by the Planning Commission in order to make a determination. Whether the ARCO located next to a school affects the public is convenience and necessity, would be the argument. Commissioner Slaven has stated that public convenience includes the public as a whole. Mr. Salzman's interpretation is more limited as far as your discretion. Obvious things that would be considered are location to other facilities, whether it's located next to a school should not be the only factor driving a decision. He recommended the Commission consider a broader base. Commissioner Soltysiak requested clarification, if the Commission finds determination for convenience and necessity can the Commission require certain conditions of approval for operation? R: \PLANC(]!~W\MINUTES\1996\071596.PC 9/10/96 klb 6 P! ANNIN~,, ~nMMIR-~InN .IU! y 15. 1996 It was Mr. Weiner stated there is no law prohibiting the Commission from making a determination that states 'as conditioned as follows". Mr. Weiner did not know if ABC would translate that into conditions on the license. The Commission does not really have an approval that they can condition but since it can make a determination it can state what it desires. Commissioner Miller and Mr. Weiner discussed the interpretation of public convenience or necessity. Commissioner Soltysiak stated, that due to the proximity to the high school, if the applicant was willing to provide for additional security that should help assist the Commission's decision. He suggested conditions on sales of individual alcohol container sales, no advertising, reducing the sale period, not allowing people in the 18 year age group to sell alcohol and things of that nature. moved by Commissioner Webster and seconded by Commissioner Miller to approve the item. The motion carried as follows: AYES: 3 COMMISSIONERS: Miller, Soltysiak, Webster NOES: 2 COMMISSIONERS: Fahey, Slaven ABSENT: 0 COMMISSIONERS: None Ai~oroval of finding of convenience or necessity for a Reer and Wine license for PA95o009~. Temecula Rtage ;tOlT. Northeast Comer of Front and ;ixth .~treets Finding of Public or Necessity for Beer and Wine License for Temecula Stage Stop which provides local and regional shuttle services. The wine tasting and sales are a component of the shuttle services to the Wince Country by Temecula Stage Stop. Dave Hogan, Senior Planner presented the staff report. The applicant, Ed Dool, 41920 Sixth Street, owner of Temecula Shuttle spoke in support of the project. Hours of operation will be 9:00 am to 9:00 pro. There will be no games or entertainment. He said this would be a convenience for tourists. Planning Commission Discussion The consensus was that the uniqueness of the project provides for a finding for convenience. It was moved by Commissioner Webster and seconded by Commissioner Miller to approve the item. R:\PLANCO~4\HINUTES\1996\071596.PC 9/10/96 klb 7 P! ANNIN~ ~-rtMMIRRIr~N J! I! y 15. 1996 The motion carried as follows: AYES: 4 COMMISSIONERS: Fahey, Miller, Soltysiak, Webster NOES: I COMMISSIONERS: Slaven ABSENT: 0 COMMISSIONERS: None PUBLIC HEARING ITEMS 5. Case No: Applicant: Location: Proposal: Environmental Action: Planner: Recommendation: PA95-0047 Residential Development Facilities Impact Mitigation Plan Temecula Valley Unified School District Citywide Enact a school facility impact mitigation fee for future residential development requiring City Council approval Exempt Dave Hogan Approve a Resolution Recommending the City Council Approve the District's School Facility Impact Mitigation Plan Dave Hogan, Senior Planner presented the staff report. Gary Thornhill, Community Development Director stated that Mayor Karel Undemans is in the process of contacting developers to see if they would agree to a flat $3.00 + fee across the board and waive the school mitigation fee on new development. Mayor Lindemans is asking for consideration for a couple of weeks as he is waiting for response from the developers to set up a meeting with the developers. Chairman Fahey opened the public hearing. Dave Gallaher, Temecula Valley Unified School District, 31350 Rancho Vista Road, provided an overview of the mitigation plan and spoke in support of the plan. Chairman Fahey asked if there were any questions for the applicant. Commissioner Webster stated that within the mitigation plan it was mentioned that by the end of 1995 all the surplus at the middle school level will be filled. Is that true? Dave Gallaher stated if your question is, 'do we currently have surplus seats at the middle school level?' The answer is we do not. Commissioner Webster stated the mitigation plan recommended for approval to the City Council has revised impact fees from what the school district has proposed. He asked if the School District agrees with the revised fees the City has proposed? Dave Gallaher stated the revision between 9400 and 9200, is reasonable to move ahead. Commissioner Webster questioned how often will it be updated? R:\PLANCi~-~\MINUTES\1996\071596.PC 9/10/96 klb 8 P! ANNIN~ COMMISSION JII! y 15. 1996 Dave Gallaher stated they will be reviewed with developers on an annual basis. Commissioner Webster stated the City's consultant recommended the School District improve their enrollment data. Is that something the School District plans to require information in the future? Dave Gallaher responded that it is an excellent suggestion. Commissioner Soltysiak inquired, does the District have a system that once the fee is paid it's "ear marked' to go to a specific facility? Dave Gallaher responded, yes. Chairman Fahey requested clarification on fees to be imposed on new developments stating these fees do not reflect cost shifting for those developments that are paying $1.84 now, they only reflect the impact of the individual development. Chairman Fahey, opened the hearing for public comments. Bob Brown, 30333 Via Brisa, Temecula. Spoke in support of the mitigation plan. Adrian McGregor, 34555 Madera de Playa, Temecula, said this is a great plan and spoke in support of the plan. Rebecca Weersing, 41775 Yorba Avenue, Temecula, indicated disappointment that the Building Industry was not present, she spoke in support of the plan. Kenneth G. Ray, 31647 Pio Pico Road, Temecula, spoke in support of the plan and requested the Commission forward this agreement to the City Council with a positive recommendation. Chairman Fahey closed the public comments and moved on to Commission Discussion. Chairman Fahey stated the Commission's options, including one option from a City Council Member to continue this item; or to act on the item. Commissioner Webster requested clarification on the County Mitigation Plan Agreement versus the proposed City Mitigation Plan. Is there a time frame connected between the two? Dave Gallaher stated this time last year, the Commission voted to approve the resolution and the City Council approved the resolution. The School District forwarded that resolution to the County asking if the District set a policy nearly identical to the City's, does that qualify for consistency? The County responded that it did. However, the County has a sunset clause that if Districts don't follow with a City and County plan within a year the County will no longer enforce it. Therefore, this needs to move ahead. Commissioner Miller stated this has been worked on for a year and we have had this package for 3 or 4 days. Will it there be great danger if we continue this for two weeks? Commissioner Webster stated he was ready to move ahead for approval. R:\PLANCO~4\HINUTES\1996\071596.PC 9/10/96 klb 9 P! ANNINit, ~-OMMI-qRI~N .l!1! y 13. 19R6 Commissioner Slaven agreed with Commissioner Webster to move forward. Commissioner Soltyaiak agreed with Commissioner Miller. Further understanding of the plan is required. Chairman Fahey stated she could support the issue tonight but feels that if two Commissioners need an additional two weeks to look at the issues it should be continued. It was moved by Commissioner Slaven and seconded by Commissioner Webster to continue the item to the August 5, 1996 Planning Commission hearing. Chairman Fahey asked for additional questions of staff. Commissioner Webster requested clarification on how often the mitigation plan should be updated and if the District intends to improve the data acquisition of student enrollment numbers to get a better idea of student generation factor. Chairman Fahey stated that Commissioner Soltysiak requested, based on the red dots on the chart, how money tracks to particular schools in future capital investment plans. The motion carried as follows: AYES: 5 COMMISSIONERS: Fahey, Miller, Slaven, Soltysiak, Webster NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None Case No: Applicant: Location: Proposal: Environmental Action: Planner: Recommendation: PA96-0008 (Development Plan) Hydro-Scape Products, Inc. 4158 Enterprise Circle North Develop a warehouse and office facility of approximately 9,994 square feet Negative Declaration Stephen Brown Approval Chairman Fahey stated thi~ item was continued from a previous Planning Commission meeting. Chairman Slaven, stated she needed to abstain, she was absent from the meeting and hadn't read the minutes or listened to the tapes of that meeting. John Meyer, Senior Planner, stated this item was presented at the June 17, 1996 meeting. Staff was directed to work with the applicant in four areas. First, to define what is the storage and what is the drive aisle generally to the north of the subject building. Second, to confirm whether or not the fault was located by survey, Third, to provide additional work on site line analysis to determine the visual impacts from Jefferson Avenue from the Jefferson Creek Center to the east and from the Burnham Building to the southeast. The overall direction given to the applicant that adequate screening is attainable to mitigate the visual impacts that are associated with this use. On July 12, 1996 Commissioners Miller and Soltysiak met at the site R:\PLANCO~\MINUTES\1996\071596.PC 9/10/96 klb 10 Pt ANNIN~ COMMISRION ~1111 y 15. 1996 and subsequent to that meeting the applicant has provided revised landscape and site plans. The new site plan shows the area intended for storage and the drive aisle. John Meyer stated the applicant has upgraded the landscape plan to increase the number of tree planting along the east side of the site. Commissioners Miller and Soltysiak and the applicant had a discussion on the height and length of the wall (and effective height of 8' from the existing graded parking area to the east) and will allow the applicant to provide additional detail on that. Staff was not able to locate the original engineering survey on the fault zone. Although, staff did contact Steve Cupferman, County Geologist who had a personal recollection of this project. He explained the reason why the fault zone in this case was not two parallel lines was because they were able to determine the very specific location of the fault; the County will allow a 35' setback from that specific location when you can do that. Chairman Fahey asked for questions of staff. Commissioner Webster asked on Conditions No. 12 and 13, based on these revised exhibits, are these conditions satisfied? John Meyer stated 'no". On Condition 12, he didn't believe any modifications to the landscape occurred on the south side of the building. The applicant has provided architectural elevations showing an awning feature over the entrance, staff feels it needs to be further developed to meet the concept of strong entry statement. Commissioner Miller stated on Condition 11 (signage), given the fact that the City is in the process of trying to adopt a sign ordinance, is it possible to make room for the sign ordinance when it is adopted. Rubin Weiner, City Attorney, stated the Commission can make it subject to whichever sign ordinance is applicable at the time the sign is installed. Commissioner Miller discussed prohibiting the installation of scissor wire. Chairman Fahey asked the applicant to speak. Russell Rumansoff, 27349 Jefferson Avenue, representing the applicant, indicated the storage area and regarding additional landscaping and suggested placing it next to the trash enclosure. He said they have removed 4 parking spaces and now have approximately 36' of landscaping adjacent to the wall. In addition to the landscape they extended the 8' high wall to 104' feet long. The line of sight exhibit shows the 8', as measured from the top of the wall, is 8' above the finished surface of the parking area immediately adjacent to the wall (there is an area planter in the immediate parking surface). He discussed the additional added landscaping and a metal canopy added to the entry to the building and will work with staff on this. Mr. Rumansoff stated they will verify the fault zone before they lay the building out. Steve Cupferman with the County stated that they are in storage and he can get them for us. Mr. Rumansoff feels they have successfully screened the site with the wall, increased landscaping and improvements. He feels the applicant complies with zoning, ordinances and R: \ PLANCO~4\HINUT~S\ 1996 \ 071596. pC 9/10/96 pI ANNINn COMMI-~ION JUl Y 15. 1996 the General Plan according to the staff report. He further stated the building is tilt up concrete and will be sand blasted with a blue band at the top of the building. It's a simply designed building. Chairman Fahey opened the hearing for public comments. Mark Esbensen, 27311 Jefferson Avenue, Suite 103, Temecula stated he doesn't feel it is consistent with the General Plan, the 8' wall is better than a 6' wall, expressed concern with the gate staying ope and the storage area being too visible. He spoke in opposition of the project. Chairman Fahey opened the Commission Discussion Chairman Fahey directed the applicant to work with staff on the project and the wall. Mr. Rumansoff questioned how that fits with the development code and general plan if they go with the wall. Commissioner Webster stated they should move ahead and let planning staff deal with the issue through the permit approval process. Commissioner Miller stated he cannot make the finding that this conforms to a logical development of the proposed site, or is compatible with the present and future development of the surrounding property. Chairman Fahey asked for a motion. Commissioner Webster stated he was satisfied with the project as submitted and visual impacts are addressed in the revised plan and conditions of approval and stated the applicant has gone above and beyond the call of duty. He moved approval to adopt the negative declaration for PA96-0008 and adopt the mitigation monitoring program and adopt Resolution 96- . Adopt PA96-0008 subject to the attached conditions of approval. Commissioner Soltysiak questioned staff if there is a provision in the Building Code that prohibits a free standing wall of this height? Gary Thornhill responded, it's just a matter of engineering. Commissioner Miller, stated the Development Code has a maximum height of 6'. John Meyer stated there is an inconsistency in the Development Code that shows a table referencing no height above 6' and another portion in the performance standards that encourages minimum 8'. There is an implied inconsistency and minor exceptions or variances to take care of that. Chairman Fahey asked for further discussion or a motion. Commissioner Miller made a motion to deny PA96-0008 on the basis the design and condition is not compatible with present and future development of the property. The motion was seconded by Chairman Fahey. R:\PLANC(I~4\HINUTES\1996\071596.PC 9/10/96 klb 12 P! ANNINC, COMMIRSION The motion failed as follows: AYES: 2 COMMISSIONERS: Fahey, Miller NOES: 2 COMMISSIONERS: Soltysiak, Webster ABSENT: 0 COMMISSIONERS: None ABSTAIN I COMMISSIONERS: Slaven J!11 y 15. 1996 Chairman Fahey called for a new motion to continue the item. It was moved by Commissioner Miller and seconded by Commissioner Fahey to continue the item to the August 5, 1996 Planning Commission hearing and to close the public hearing. The motion carried as follows: AYES: 4 COMMISSIONERS: Fahey, Miller, Soltysiak, Webster NOES: 0 COMMIS910NERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN 1 COMMISSIONERS: Slaven MANAR!=R.~ RI=PCtRT None given. COMMISSION nlSCUSSION Commission Slaven stated she would like to have a 'definition" of convenience and necessity and for the record stated she doesn't want to vote on any more applications until that is perfectly clear. Gary Thornhill stated we will bring something back to the Commission at the next hearing. It was moved by Commissioner Slaven and seconded by Commissioner Soltysiak to adjourn the meeting at 9:20 PM. The motion was unanimously carried. The next meeting will be held August 5, 1996, at 6:00 p.m. at the Rancho California Water District Board Room, 42135 Winchester Road, Temecula, California. Linda Fahey, Chairman / Debbie Ubnoske, Secretary R:\PLANCO~MINUTES\1996\071596.PC 9/10/96 klb 1 3