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HomeMy WebLinkAbout04-11 CC Ordinance I I I ORDINANCE NO. 04-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ESTABLISH REQUIREMENTS FOR PRIVATE HELIPORTS IN VARIOUS ZONES AND TO MAKE OTHER MINOR CHANGES (PLANNING APPLICATION NO. PA04-0297) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: WHEREAS, Section 65800 of the Government Code provides for the adoption and administration of zoning laws, ordinances, rules and regulations by cities to implement such general plans as may be in effect in any such city; WHEREAS, the Planning Commission held a duly noticed public hearing on June 16, 2004, and recommended that the City Council approve the attached amendments to the City Municipal Code; WHEREAS, this Ordinance complies with all the applicable requirements of State law and local ordinances; WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; and, WHEREAS, the City Council has held a duly noticed public hearing on June 16, 2004 to consider the proposed amendments to the Temecula Municipal Code. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby amends Table 17.08.030 to add the following uses: Description of Use NC CC HT SC PO BP LI Private Heliport - - - - C C C Private Heliport for Hospital - C C C C C C Section 2. The City Council of the City of Temecula hereby amends Chapter 17.10 adding Subsection P to read as follows: "P: 1. Private Heliports Conditional Use Permit Required. A Conditional Use Permit approved by the planning commission shall be required for all private heliports. All conditional use permits for heliports shall comply with the requirements of Section 17.04.010. 2. Siting and Design Criteria. requirements: All private heliports shall comply with the following R:/Ords 2004/0rds 04-11 I I I a. Heliports shall not be located within 1,000 feet (measured from structure to structure) of an existing or designated public or private primary, secondary or high school. Heliports shall not be located within 1,000 feet of an existing or proposed public park (measured property line to property line). Heliports shall not be located within 1,000 feet (measured structure to structure) of an existing or future assembly facility having 500 persons or more seating capacity. Private heliports associated with hospitals shall be exempt from this requirement. The Touchdown Liftoff Area shall not be located within any required yard area and in no circumstance shall it be located within ten (10) feet from all property lines. In addition, a minimum one-hundred (100) foot setback shall be achieved from adjacent residentially zoned properties. Ground heliports may be required to be surrounded by a fence or wall at least four feet high and constructed in such a manner as to deflect the horizontal wind velocities caused by the rotation of the rotor blades, providing all FAR Part 77 imaginary surfaces and the surface area remain obstruction free. The Touchdown Liftoff Area shall be surfaced with material that will be free of dust, loose organic or inorganic material and particles that may be blown about by the helicopter. Any lighting used for nighttime operations shall be directed away from adjacent residences. b. c. d. e. f. g. 3. Requirements for Rooftop Heliports. Rooftop heliport facilities shall also comply with the following standards. a. No roof openings shall be permitted within twenty-five (25) feet of the Touchdown Liftoff Area. 4. Rooftop exits shall not be located within twenty-five (25) feet of the Touchdown Liftoff Area. Rooftop heliport facilities shall be constructed in accordance with the City Building and Fire Code requirements in addition to applicable State and Federal heliport design standards and regulations. Required Finding: A Conditional Use Permit may be approved only if the following finding is made: a. The heliport is in compliance with the requirements described in Subsections 2 and 3. Operational Requirements. a. Hours of flight operation shall be determined on a project specific basis. b. The Touchdown Liftoff Area shall remain free of free of dust, loose organic or inorganic material and particles that may be blown about by the helicopter. b. c. 5. 6. Enforcement Review. Upon receiving a public complaint regarding heliport operations, a biennial monitoring report shall be submitted by the applicant. The monitoring report shall be submitted within forty-five days from the date the complaint was submitted. The R:/Ords 2004/0rds 04-11 I report shall include data on the types of helicopters using the facility, hours of operation, performance standards, number of monthly flights and any other necessary data. All enforcement reports shall be submitted to the Planning Commission for review. The modification or revocation of the conditional use permit shall comply with the provisions of Section 17.04.010.1. Section 3. The City Council of the City of Temecula hereby amends Section 17.34.010 by adding the following definitions: "Helicopter" means a rotary wing aircraft which depends for its support and motion in the air principally upon the lift generated by one or more power-driven rotors that rotate on a substantially vertical access. "Private Heliport" means a landing area used to take off or land private helicopters for the purpose of picking up and discharging passengers, cargo or medical emergency passengers and do not include fueling or service facilities. The use of the heliport shall be accessory and incidental to the primary use of the property. Private heliports do not include facilities for regularly scheduled commercial operations such as commuter passenger service. "Private Heliport for Hospital" means a landing are used to take off or land helicopters for the purpose of picking up and discharging general, acute care and emergency care passengers. The use of the heliport shall be accessory and incidental to an existing hospital facility. I "Touchdown Liftoff Area (TLOF)" means the area of the heliport where the helicopter lands on and takes off from." PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 1 ih day of October, 2004. ATTEST: ',", . I R/Ords 2004/0rds 04-11 I I I STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 04-11 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 28th day of September, 2004, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 12th day of October, 2004 by the following roll call vote: AYES: 3 COUNCILMEMBERS: Comerchero, Washington, Naggar NOES: COUNCILMEMBERS: Stone COUNCILMEMBERS: Roberts ABSENT: ABSTAIN: 0 COUNCILMEMBERS: None R:/Ords 2004/0rds 04-11