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HomeMy WebLinkAbout03-23 DH ResolutionDH RESOLUTION NO. 2003-023 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA02-0478, A CONDITIONAL USE PERMIT TO OPERATE A 400 SQUARE FOOT PRIVATE HELIPAD FOR USE DURING DAYLIGHT HOURS ON THE ROOF OF AN EXISTING INDUSTRIAL BUILDING. THE SUBJECT PROPERTY IS LOCATED AT 42580 RIO NEDO FURTHER KNOWN AS APN: 9O9-290-029 WHEREAS, Robinson Helicopter Company filed Planning Application No. PA02-0478, in a manner in accord with the City of Temecula General Plan, Development Code; WHEREAS, Planning Application No. PA02-0478 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Director, at a regular meeting, considered Planning Application No. PA02-0478 on October 9, 2003, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter; WHEREAS, at the conclusion of the Planning Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA02~ 0478 subject to the conditions after finding that the project proposed in Planning Application No. PA02-0478 conformed to the City of Temecula General Plan and Development Code; NOW, THEREFORE, THE DIRECTOR OF PLANNING OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findin.qs. The Planning Director, in approving Planning Application No. PA02-0478 (Conditional Use Permit) hereby makes the following findings as required by Section 17.04.010 of the Temecula Municipal Code: A. The proposed conditional use is consistent with the General Plan and the Development Code; The proposal, a private rooftop helipad facility, is consistent with the City of Temecula General Plan including the Land Use and Circulation Elements. Land Use Element Goal 5 promotes "A land use pattern and intensity of development that encourages altemative modes of transportation". Circulation Element Goal 6 promotes "Safe and efficient alternatives to motorized travel throughout the City. Moreover, the proposed facility conforms with all applicable Light Industrial (LI) development standards identified in the Development Code including, but not limited to height and setback requirements. The site is therefore properly planned and zoned and found to be physically suitable for the type of use proposed. The project, as conditioned, is also consistent with other applicable requirements of State law and local ordinance, including the California Environmental Quality Act (CEQA). R:~D P~2002\02-0478 Private He[ipadXFinal Resos and COAs,doc 1 B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures; The project site is surrounded by industrial uses. The exterior noise generated by the proposed helipad falls within acceptable levels for an industrial area. The facility, as conditioned, will not adversely affect surrounding uses. Moreover, the helicopter flight path will not encroach into residential areas. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping and other development features prescribed in this development code and required by the Planning Commission, or City Council in order to integrate the use with other uses in the neighborhood; Staff has reviewed the proposed project against the applicable development standards of the City Development Code and has found that the project meets or exceeds all of the standards. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; Staff has reviewed the proposed helipad facility and has found that as conditioned, the facility will in no way be detrimental to the health, safety and genera/ welfare of the community. The project has been reviewed and conditioned by the Federal Aviation Administration, Riverside County Airport Land Use Commission, Fire Department and Building and Safety Department. E. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the Planning Director. This application has been brought before the Planning Director at a public hearing where members of the public have had an opportunity to be heard on this matter before the Planning Director renders a decision. Section 3. Environmental Compliance. A Notice of Exemption has been prepared and adopted by the Director of Planning in accordance with Class 32, Section 15332 of CEQA Guidelines. Whereas, no further environmental review if required for the proposed project. Section 4. Conditions. That the City of Temecula Director of Planning hereby approves Planning Application Ne. PA02-0478 (Conditional Use Permit) for a private helipad located at 42580 Rio Nedo, further known as APN: 909-290-029, subject to the conditions of approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any other conditions that may be deemed necessary. R:~D PX2002\02-~.78 Private HelipadWinal Resos and COAs.doc 2 Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Director of Planning this 9th day of October 2003. Don lpal Planner I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 2003-023 was duly and regularly adopted by the Director of Planning of the th City of Temecula at a regular meeting thereof held on the 9 day of October 2003. ~'n{hia Laric~a, Secretary R:kD P',2002\02-0478 Private Helipacl~Final Resos and COAs,doc 3 EXHIBIT A CONDITIONS OF APPROVAL R:XD PX2002\02-0478 Private HelipadXFinal Resos and COAs.doc 4 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA02-0478 (Conditional Use Permit) Project Description: A Conditional Use Permit to operate a 400 square foot private rooftop helipad facility for use during daylight hours on an existing industrial building. The subject property is located at 42580 Rio Nedo. Development Impact Fee: N/A Approval Date: October 9, 2003 Expiration Date: October 9, 2005 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project The applicant/developer shall deliver to the Community Development Department - Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Seventy-Eight Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty- eight (48) hour period the applicant/developer has not delivered to the Community Development Department - Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). General Requirements The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. R:kD Px2002\02-0478 Private Helipad~Final Resos and COAs.doc 5 This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. The Director of Planning may, upon an application being filed within thirty days prior to expiration and for good cause, grant a time extension of up to three, one-year extensions of time, one year at a time. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 8. The helipad facility shall only be operated during daylight hours. In accordance with Section 21661.5. of the State Aeronautics Act, the approval of this Conditional Use Permit is pending subject to review and approval of the City Council. 10. A maximum 70 dB CNEL exterior noise level shall be generated at the subject property boundaries. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant Name Date Applicant Signature R:~) I~002\02-0478 Private Helipad~Final Resos and COAs.doc 6