Loading...
HomeMy WebLinkAbout91-060 CC ResolutionRESOLUTION NO. 91-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLOT PLAN NO. 69 (REVISED) TO PERMIT THE PLACEMENT OF CELLULAR TELEPHONE EQUIPMENT ON AN EXISTING RADIO TRANSMISSION TOWER, LOCATED ON ASSESSOWS PARCEL NO. 922-220- 013. (Revised) in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision WHEREAS, Pacific Telephone filed Plot Plan No. 69 Ordinances, which the City has adopted by reference; WHEREAS, said Plot Plan application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Plot Plan on June 11, 1991 at which time interested persons had an opportunity to testify either in support or opposition; ~, at the conclusion of the Commission hearing, the Commission recommended approval of said Plot Plan; WHEREAS, the City Council conducted a public hearing pertaining to said Plot Plan on June 11, 1991, at which time interested persons had opportunity to testify either in support or opposition to said Plot Plan; and WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding the Plot Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findim,n. findings: That the Temecula City Council hereby makes the following A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30- month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. (2) The planning agency finds, in approving projects and taking R¢so 91-60 -1- other actions, including the issuance of building permits, each of the following: a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Plot Plan is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: of the general plan. (1) The City is proceeding in a timely fashion with a preparation (2) The City Council rinds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this rifle, each of the following: a) There is reasonable probability that Plot Plan No. 69 (Revised) proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. (1) Pursuant to Section 18.30(c), no plot plan may be approved unless the following findings can be made: a) The proposed use must conform to all the General Plan R¢~o 91-60 -2- requirements and with all applicable requirements of state law and City ordinances. b) me overall development of the land is designed for the protection of the public health, safety and general welfare; conforms to the logical development of the land and is compatible with the present and future logical development of the surrounding property. (2) The City Council, in approving the proposed Plot Plan, makes the following findings, to wit: a) There is reasonable probability that Plot Plan No. 69 (Rev.) will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law. The project, as proposed, conforms with existing applicable city zoning and development ordinances. Further, the proposal is characteristic of similar development approved by the City to date. b) There is not a likely probability of substantial detriment to, or interference with the City's future General Plan, if the proposed use is ultimately inconsistent with the plan. The project is of insignificant scale in context of the broad goals and directives anticipated in the City's General Plan. c) The proposed use or action complies with State planning and zoning laws. Reference local Ordinance No. 348 and California Governmental Code Sections 65000-66009 (Planning and Zoning Law). d) The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, circulation patterns, access, and intensity of use. The proposed use will be placed on an existing structure. e) The project as designed and conditioned will not adversely affect the public health or welfare. The project is categorically exempt per the CEQA Guidelines. f) The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area. The project conforms with applicable land use and development regulations and reflects design aspects currently existing in the proposal's existing site. g) The project has acceptable access to a dedicated right-of- way which is open to, and useable by, vehicular traffic. h) The design of the project together with the type of supporting improvements are such that they are not in conflict with easements for access through, or use of the property within the proposed project. Re~o 9140 -3- I) That said findings are supported by minutes, maps, exhibits and environmental documents associated with these applications and herein incorporated by reference. Supporting documentation is attached. E. As conditioned pursuant to SECTION 3, the Plot Plan proposed conforms to the logical development of its proposed site, and is compatible with the present and future development of the surrounding property. SECTION 2. Environmental Conlpliance. An Initial Study prepared for this project indicates that the proposed project will not have a significant impact on the environment, and a Negative Declaration, therefore, is hereby granted. SECTION 3. Conditionq. That the City of Temecula Council hereby approves Plot Plan No. 69 (Revised) for the operation and construction of cellular telephone antenna equipment located at Assessor's Parcel No. 922-220-013 subject to the following conditions: A. Exhibit A, attached hereto. SECTION 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 11th day of June 1991. ATTEST: Ronald J. Parks, Mayor Ju~, City C~erk ' ~ (SEAL) Re~o 91-60 -4- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I I-IERERY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 1 lth day of June, 1991 by the following vote of the Council: 4 COUNCILMEMBERS: Moore, Lindemans, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Birdsall Jtl_n~6U.'Greek, City Re~o 91-60 -5- EXHIBIT "A" CITY OF TEMECULA PLANNING DEPARTMENT CONDITIONS OF APPROVAL Plot Plan 69, Revised Council Approval Date: Expiration Date: PLANNINC DEPARTMENT 1. No Oak Trees shall be removed from the subject parcel. The antenna shall be painted green, and no beacon shall be allowed on the structure. This approval shall be used within two (2) years of the City Council approval date; otherwise it shall become null and void and of no effect whatsoever. 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 development of the premises shall conform substantially with that as shown on Plot Plan No. 69 Revised, or as amended by these conditions. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way, and shall comply with Ordinance No. 655. o Prior to the issuance of a building permit, the applicant shall obtain clearance and/or permits from the following agencies: Engineering Department Environmental Health Riverside County Flood Control Fire Department Written evidence of compliance shall be presented to the Land Use Division of the Department of Building and Safety. A: PP69-REV 10