HomeMy WebLinkAbout04_034 PC Resolution PC RESOLUTION NO. 2004-034
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA DENYING THE APPEAL OF THE
PLANNING DIRECTOR'S DECISION TO APPROVE PLANNING
APPLICATION NO. PA02-0478 - A CONDITIONAL USE PERMIT
/ DEVELOPMENT PLAN TO' CONSTRUCT, ESTABLISH AND
OPERATE A PRIVATE ROOFTOP HELIPORT ON AN EXISTING
INDUSTRIAL BUILDING LOCATED AT 42580 RIO NEDO
KNOWN AS ASSESSOR'S PARCEL NO. APN 909-290-029.
WHEREAS, Sunstone Systems International, filed Planning Application No. PA02-0478,
in accordance with the City of Temecula General Plan and Development Code; and
WHEREAS, Planning Application No. PA02-0478 was processed including, but not
limited to public notice, in the time and manner prescribed by State and local law; and
WHEREAS, the application was processed in accordance with the California
Environmental Quality Act; and
WHEREAS, the Planning Director held a duly noticed public hearing on October 9, 2003
to consider the application; and
WHEREAS, the Planning Director 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; and
WHEREAS, at the conclusion of the Director's Hearing and after due consideration of
the staff report and public testimony, the Planning Director approved Planning Application No.
02-0478; and
WHEREAS, an appeal of the Planning Director's decision to deny Planning Application
PA01-0601 was properly filed by Councilman Jeff Stone on October 24, 2003; and
WHEREAS, the Planning Commission considered the appeal, staff report, Planning
Director Minutes, and the complete public record at a duly noticed public hearing on June 16,
2004; and
WHEREAS, the Planning Commission determined that the Planning Director's findings
were consistent with the requirements of the City's General Plan, Development Code, and all
other applicable state and local laws; and
WHEREAS, the evidence and grounds presented in the appeal will be fully addressed
with a subsequent Development Code Amendment which establishes development standards
and approval criteria for private heliports of which the proposed project must fully conform with;
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NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA
DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct and are hereby
incorporated by reference.
Section 2. Findings. The Planning Commission, in denying the appeal of the
Planning Director's decision to approve Planning Application No. 02-0478 hereby makes the
following findings as required by Section 17.04.010 and Section 17.05.010.F of the Temecula
Municipal Code:
Conditional Use Permit (17.04.010)
A. The proposed conditional use is consistent with the General Plan and the
Development Code
The proposal, a private rooftop heliport 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 alternative
modes of transportation". Circulation Element Goal 6 promotes "Safe and efficient
alternatives to motorized travel throughout the City. In addition, the proposes 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 ordinances, including the California
Environmental Quality Act(CEQA).
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 heliport 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 of this proposed conditional use is adequate in size and shape to
accommodate the proposed use without affecting the yard, parking and loading, landscaping,
and other development features prescribed in the Development Code 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 use is not detrimental to the health, safety and
general welfare of the community.
Staff has reviewed the proposed heliport facility and has found that as conditioned, the
facility will in no way be detrimental to the health, safety and general welfare of the
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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.
Development Plan ( 17.05.010)
A The proposed use is in conformance with the General Plan for Temecula and
with all applicable requirements of state law and other ordinances of the City.
The proposal, a private rooftop heliport 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 alternative
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).
B. The overall development of the helipad facility is designed for the protection of
the public health, safety, and general welfare.
The proposed heliport facility has been reviewed and conditioned to comply with
applicable Federal, State and local requirements including, but not limited to the uniform
building and fire codes.
Section 3. Environmental Compliance. A Notice of Exemption for Planning
Application No. 02-0478 was made per the California Environmental Quality Act Guidelines in
accordance with Class 32, Section 15332. Whereas no further environmental review is required
for the proposed project
Section 4. Conditions. That the City of Temecula Planning Commission hereby
approves Planning Application No. PA02-0478 denying the appeal of the Planning Director's
decision to approve a private rooftop heliport on an existing industrial building located at 42580
Rio Nedo. The Conditions of Approval are contained in Exhibits A & B.
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Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 16th day of June, 2004.
John Viesio, Chairperson
ATTEST:[
�^Deb�Ubno k, Secretary
�STATE OF �i j ORNIA )
FrGOUN7tiCO IVERSIDE ) ss
\
CITY OF-TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that PC Resolution No. 2004-034 was duly and regularly adopted by the Planning Commission
of the City of Temecula at a regular meeting thereof held on the 161h day of June, 2004 by the
following vote
AYES: 5 PLANNING COMMISSIONERS: Chiniaeff, Guerriero, Mathewson,
Olhasso, Telesio
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 0 PLANNING COMMISSIONERS: None
ABSTAIN: 0 PLANNING COMMISSIONERS: None
Debbie Ubnoske, Secretary
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EXHIBIT A
REVISED CONDITIONS OF APPROVAL
(CONDITIONAL USE PERMIT)
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EXHIBIT A
CITY OF TEMECULA
REVISED CONDITIONS OF APPROVAL
Planning Application No. PA02-0478
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
1. The applicant/developer shall deliver to the Planning Department 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 Planning Department 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
2. Approval of the project is contingent upon City Council adoption of a Development Code
Amendment establishing specific standards and regulations for private heliport facilities
and a finding that the project is in conformance with those adopted standards and
regulations.
3. 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
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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.
4. 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.
5. 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.
6. 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.
7. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's
Development Code.
8. The permittee shall obtain City approval for any modifications or revisions to the
approval of this Conditional Use Permit.
9. The helipad facility shall only be operated during daylight hours.
10. 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.
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's Signature Date
Applicant's Printed Name
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EXHIBIT B
REVISED CONDITIONS OF APPROVAL
(DEVELOPMENT PLAN)
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EXHIBIT B
CITY OF TEMECULA
REVISED CONDITIONS OF APPROVAL
Planning Application No. PA02-0478
Project Description: A Development Plan to construct a 400 square foot
private rooftop helipad facility to be used 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
General Requirements
1. 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.
2. 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.
3. 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.
4. The development of the premises shall substantially conform to the approved site plan,
contained on file with the Planning Department.
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5. 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.
6. This Development Plan may be revoked pursuant to Section 17.05.010 of the City's
Development Code.
7. A fire ladder shall be provided to transfer persons down the side of the building in case
of emergency. The location and design of the ladder shall be reviewed and approved by
the Fire Department.
BUILDING DEPARTMENT
8. All design components shall comply with applicable provisions of the 2001 edition of the
California Building, Plumbing and Mechanical Codes; 2001 California Electrical Code;
California Administrative Code, Title 24 Energy Code, California Title 24 Disabled
Access Regulations, and the Temecula Municipal Code.
9. Submit at time of plan review, a complete exterior site lighting plan showing compliance
with Ordinance No. 655 for the regulation of light pollution. All street lights and other
outdoor lighting shall be shown on electrical plans submitted to the Department of
Building and Safety. Any outside lighting shall be hooded and directed so as to not shine
directly upon adjoining property or public rights-of-way. (If revisions or additional lighting
is proposed).
10. Obtain all building plans and permit approvals prior to commencement of any
construction work.
11. All buildings and facilities must comply with applicable disabled access regulations.
Provide all details on plans. (California Disabled Access Regulations effective April 1,
1998).
12. Provide appropriate stamp of a registered professional with original signature on plans
prior to permit issuance.
13. Provide precise grading plan at plan check submittal to check for handicap accessibility.
14. A pre-construction meeting is required with the building inspector prior to the start of
building construction.
15. Trash enclosures, patio covers, light standards and any block walls, if not on the
approved building plans, will require separate approvals and permits.
16. Show all building setbacks.
17. Signage shall be posted conspicuously at the entrance to the project that indicates the
hours of construction, shown below, as allowed by the City of Temecula Ordinance No.
0-90-04, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any
site within one-quarter mile of an occupied residence.
Monday-Friday 6:30 a.m. —6:30 p.m.
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Saturday 7:00 a.m. —6:30 p.m.
No work is permitted on Sunday or Government Holidays
FIRE DEPARTMENT
18. Final fire and life safety conditions will be addressed when building plans are reviewed
by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the
California Building Code (CBC), California Fire Code (CFC), and related codes which
are in force at the time of building plan submittal.
19. Fire Department vehicle access roads shall maintain an unobstructed width of not less
than twenty-four (24) feet and an unobstructed vertical clearance of not less than
thirteen (13) feet six (6) inches around entire existing building. (CFC 902.2.2.1).
20. During remodeling and/or addition construction ALL FIRE AND LIFE SAFETY
SYSTEMS will be maintained in working order and up to their original design and
performance specifications.
21. All manual and electronic gates on required Fire Department access roads or gates
obstructing Fire Department building access shall be provided with the Knox Rapid entry
system for emergency access by firefighting personnel. (CFC 902.4).
22. Provide an 80 BC fire extinguisher on the roof near the helipad.
23. The applicant shall comply with the requirements of the Fire Code permit process and
update any changes in the items and quantities approved as part of their Fire Code
permit. These changes shall be submitted to the Fire Prevention Bureau for review and
approval per the Fire Code and is subject to inspection. (CFC 105).
24. The applicant shall submit for review and approval by the Riverside County Department
of Environmental Health and Fire Departments an update to the Hazardous Material
Inventory Statement and Fire Department Technical Report on file at the City, should
any quantities used or stored onsite increase or should changes to operations introduce
any additional hazardous material not listed in existing reports. (CFC Appendix II-E)
25. A building permit will be required for this improvement.
26. All requirements of CFC Article 24, as well as all other applicable codes shall be
addressed and complied with during the plan check process.
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's Signature Date
Applicant's Printed Name
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