HomeMy WebLinkAbout90-010 CC ResolutionRESOLUTION NO. 90-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA GRANTING AN EXEMPTION FROM ORDINANCE
NO. 90-01 TO PERMIT PROCESSING OF A PLOT PLAN TO
CONSTRUCT A RADIO ANTENNA (AP//9922-22-013)
WHEREAS, Ordinance No. 90-01 established a moratorium on the construction of all
radio and television transmitting antennas within the City, thereby prohibiting the issuance of
new permits for such antennas and revoking all existing permits; and
WHEREAS, Ordinance No. 90-01 provides that exemptions may be granted to the
moratorium on grounds of a vested right to build, or a hardship;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA
DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The City Council makes the following findings
Prior to the adoption of Ordinance No. 90-01, Ladd L. Penfold had
obtained approval of a Plot Plan for construction of an antenna at 28715
Via Montezuma.
b) Mr. Penfold applied for a building permit to construct the antenna, but
one was never issued. Nevertheless, he constructed the antenna.
c)
By way of letter, dated January 30, 1990, Mr. Penfold has applied for an
exemption to Ordinance No. 90-01 to permit relocation of the antenna to
Assessor's Parcel No. 922-22-013.
d)
The proposed site to relocate the antenna likely is consistent with the new
zoning standards the City intends to adopt pursuant to the antenna study
required under the moratorium.
e)
The antenna proposed to be relocated serves KRTM-FM located in
Temecula. KRTM provides a valuable and needed public service to the
community.
Resos 90-10
f) Mr. Penfold, the owner of KRTM and the entire community of Temecula
would suffer a hardship if the antenna was abated pursuant to the
moratorium, rather than permitting Mr. Penfold to process a plot plan to
relocate the antenna pursuant to the I.and Use Ordinance of the County of
riverside, as adopted and amended by the City of Temecula.
Section 2. The City Council hereby grants Ladd Penfold an exemption from Ordinance
No. 90-01 to permit the processing of a plot plan application to allow the relocation of the
antenna presently located at 28715 Via Montezuma to AP 3922-22-013. The Council further
directs staff to suspend all abatement action directed at the present antenna, so long as a plot
plan application to relocate the antenna is pursued in good faith and the City is named as an
additional insured on the applicant's liability policy, in an amount not less than one million
dollars ($1,000,000). Should a plot plan be approved to relocate the antenna, the Building
Department is authorized to issue a building permit for construction of the antenna.
Section 3. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 6th day of February 1990.
Ronald J, Parks, Mayor
ATTEST:
F. D. Aleshire, City Clerk
[SEAL]
Resos 90-10
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF TEMECULA )
SS
I, F. D. Aleshire, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the
foregoing Resolution 90-10 was duly adopted at a regular meeting of the City Council of the
City of Temecula on the 6th day of February, 1990, by the following Roll call vote:
AYES: 5
COUNCILMEMBERS:
Birdsall, Lindermans, Moore,
Mufioz, Parks
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
F. .Aelshi~
Resos 90-10