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HomeMy WebLinkAbout05_046 PC Resolution PC RESOLUTION NO. 2005 . 46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05-0130, A MINOR CONDITIONAL USE PERMIT FOR A THIRTY-FIVE FEET SIX INCH TALL SATELLITE ANTENNA, SATELLITE ANTENNA BASE STRUCTURE, NEW GENERATOR ENCLOSURE, REVISED PARKING AND HARDSCAPE AREA, AND ADDITIONAL LANDSCAPING FOR SCREENING OF SATELLITE ANTENNA TO AN EXISTING SITE LOCATED AT 43455 BUSINESS PARK DRIVE. THE SATELLITE AND ASSOCIATED STRUCTURES WILL BE USED BY THE OUTDOOR CHANNEL FOR FUTURE BROADCASTING. WHEREAS, Ross Brennan with Studio 440, filed Planning Application No. PA05-0130, in a manner in accord with the City of Temecula General Plan, Development Code; WHEREAS, Planning Application No. PA05-0130 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered Planning Application No. PA05-0130 on July 6, 2005, 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 Commission Hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA05-0130 subject to the conditions after finding that the project proposed in Planning Application No. PA05-0130 conformed to the City of Temecula General Plan and Development Code; NOW, THEREFORE, THE PLANNING COMMISSION 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. Findinqs. The Planning Commission, in approving Planning Application No. PA05-0130 (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 project has been reviewed for consistency with these documents and staff has determined that the project, as conditioned, is consistent with the goals and policies contained within the general plan and the development code. 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; G:\Planning\2005\PA05-0130 Outdoor Channel Satellite Antenna-CUP,DP\Planning\Draft PC RESO & COA's.doc The proposed satellite antenna would be used for future broadcasting by the Outdoor Channel. The satellite antenna is considered an accessory use to the existing building. The existing building is located within the Light Industrial zone area, which the proposed use and related accessory structures are permitted. 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; The proposed minor conditional use permit for the satellite antenna and associated structures will not substantially impact the site since it will be located out of the emergency access right-of-way. The locations of the structures also meet the setbacks as required in the Development Code. The site already provides landscaping, and additional landscaping will be provided for further screening of the structures. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The project is consistent with the goals and policies contained within the General Plan and Development Code. These documents were adopted by the City Council to assure that projects are not detrimental to the health, safety, and general welfare of the community. Compliance with these documents assures that this end result is achieved. Section 3. Environmental Compliance. A Notice of Exemption has prepared and adopted by the Director of Planning in accordance with Class 3, Section 15303 of CEQA Guidelines. Whereas, no further environmental review if required for the proposed project. Section 4. Conditions. That the City of Temecula Planning Commission hereby approves Planning Application No.PA05-0130(Minor Conditional Use Permit) located at 43455 Business Park Drive 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. G:\PJanning\2005\PAOS-0130 Outdoor Channel Satellite Antenna-CUP,DP\Planning\Draft PC RESO & COA's.doc Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 6 th day of July 2005. ATTEST: 7JelhA! ~ ~ Debbie Ubnoske, Secretary - SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2005-46 was duly and regulariy adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 6th day of July 2005, by the following vote of the Commission: AYES: 4 PLANNING COMMISSIONERS: Chiniaeff, Guerriero, Mathewson, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None i ~-C-U~1<" " Debbie Ubnoske, Secretary G:\Planning\200S\PAOS-0130 Outdoor Channel Satellite Antenna-CUP,DP\Planning\Draf1 PC RESO & COA's.doc EXHIBIT A FINAL CONDITIONS OF APPROVAL G:\Planning\2005\PA05-0130 Outdoor Channel Salt:llite Antenna-CUP.DP\Planning\FINAL PC RESC) & {:()A\.d\",,: 4 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No. PA05-0130 Project Description: The Minor Conditional Use Permit application proposes a thirty-five feet six inch tall satellite antenna, satellite antenna base structure, new generator enclosure, revised parking and hardscape area, and additional landscaping for screening of satellite antenna to an existing structure located at 43455 Business Park Drive. The satellite and associated structures will be used by the Outdoor Channel for future broadcasting. DIF: Industrial MSHCP: Industrial TUMF: Industrial Approval Date: July 6, 2005 Expiration Date: July 6, 2007 WITHIN FORTY-EIGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 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 Sixty-Four 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 211 08(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 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)). G:\Planning\2005\PA05-0130 Outdoor Channel Satellite Anlenna-CUP.DP\Planning\FINAL PC RESO & COA's.doc 5 GENERAL REQUIREMENTS G:\Ptanning\2005\PA05-0130 Outdoor Channel Satellite Antenna.CUP.DP\Planning\FJNAL PC I<ESO &.: ('( lA's.d(lL' " Planning Department 2. 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. 3. 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. 4. 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. 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 Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 7. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 8. If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of tne find. Upon determining that the determination is not an archaeological/cultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take piace until a mitigation plan or other corrective measures have been approved by the Director of Planning. G:\Planning\2005\PA05-0130 Outdoor Channel Satellite Antenna-CUP,DP\Planning\FINAL PC RESO & COA's.doc 7 9. The applicant shall provide adequate onsite parking to meet the minimum parking demand of 47 spaces, or provide planning staff with a recorded off-site parking agreement consistent with Section 17.24.020. E. Building and Safety Department 10. 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. G:\Plannillg\2005\PA05~0130 Outdoor Channel Satellite Anlcno3-CUP,DP\Planning\FINAL PC RESO & COA's.dol' R PRIOR TO BUILDING PERMIT ISSUANCE G:\Planning\2005\PA05-0130 Outdoor Channel Satellite Antennn-CUP.DP\Planning\FINAL PC RESO & COA's.doc 9 Planning Department 11. Eliminate all proposed compact parking spaces shown on the Site Plan. 12. Before submitting construction landscape plans, the applicant shall work with the Planning Department to decide on tree alternatives for replacing the proposed Eucalyptus trees. (Added condition per the 7/6/05 Planning Commission Hearing). Building and Safety Department 13. Submit at time of plan review, a complete exterior site lighting plans 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 not to shine directly upon adjoining property or public rights-of-way. As applicable to the scope of work proposed. 14. Obtain all building plans and permit approvals prior to commencement of any construction work. 15. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1,1998) 16. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 17. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. As applicable to the scope of wprk proposed. 18. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. 19. A pre-construction meeting is required with the building inspector prior to the start of the building construction. 20. Show all building setbacks. Community Services 21. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haui construction debris. Condition added from the 7/6/05 Planning Commission Hearing. \ G:\Planning\2005\PAOS.0130 Outdoor Chllnnd Satellite Antenna-CUI',DP\Planlling\FINAL PC KESO & CClA's.doc 10 22. 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. 94-21, 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. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sundays or Government Holidays 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 G:\Planning\2005\PA05-0130 Outdoor Channel Satellite Antenna-CUP.DP\Planning\FINAL PC KESO & COA's.doc II