HomeMy WebLinkAbout91-02RESOLUTION NO. 91-02
APPROVING LAND USE PERMIT REQUEST LUP 90-26 AND DEVELOPMENT PLAN
REQUEST DP 90-31 ALLOWING THE PLACEMENT AND OPERATION OF A
CELLULAR COMMUNICATIONS TRANSMISSION SITE LOCATED
WITHIN A TOWN IDENTIFIED SCENIC HILLSIDE AREA
WHEREAS, Bay Area Cellular Telephone Company has requested approval of a Land Use
Permit for a Cellular Communications Transmission Site and a Development Plan to allow the site
to be located within a Town identified Scenic Hillside area on a 2.92 acre site; and
WHEREAS, the subject site is located at 246 El Pinto Road and is identified as Assessor's
Parcel Number 197-100-021; and
WHEREAS, the Town of Danville A-2; General Agricultural District Ordinance requires
approval of a Land Use Permit for the operation of a communication site and the Town's Scenic
Hillside and Major Ridgeline Ordinance (Ord. No. 29-84) requires Development Plan approval for
development within the Scenic Hillside; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing
on February 5, 1991; and
WHEREAS, the proper notice of this request was given in all respects as required by law;
and
WHEREAS, a staff report was submitted recommending that Planning Commission approve
the request; and
WHEREAS; the Planning Commission did hear and consider all reports, recommendations,
and testimony submitted in writing and presented at the hearing;
NOW, THEREFORE, BE IT RESOLVED THAT the Planning Commission of the Town of
Danville approves the Land Use Permit LUP 90-26 per the conditions contained herein, and makes
the following findings in support of the Land Use Permit:
1. The use will not be detrimental to the health, safety and general welfare of the Town.
2. The use will not adversely affect the orderly development of property within the town.
The use will not adversely affect the preservation of property values and the preservation
of the tax base within the Town.
4. The use will not adversely affect the policy and goals as set by the General Plan.
PAGE NO. I OF RESOLUTION 91-02
5. The use will not create a nuisance and/or enforcement problem within the district.
6. The use will not encourage marginal development in the area.
NOW THEREFORE, BE IT FURTHER RESOLVED THAT the Planning Commission of the
Town of Danville approves the Development Plan request DP 90-31 per the conditions
contained herein, and makes the following findings in support of the Development Plan:
The siting of the equipment shelter, redwood fence, and direCtional antennas does
not conflict with the purpose and intent of Ordinance 29-84 ("Scenic Hillside and
Major Ridgeline Development"), in that development will be achieved with minimal
grading, and does not adversely impact predominant views of a Town-identified
Major Ridgeline Area.
o
The development is in conformance with the goals and policies of the General
Plan.
3. The proposed development is in conformance with all zoning regulations.
CONDITIONS OF APPROVAL
(Note: * Indicates standardized Condition of Approval)
Unless otherwise specified, the following Conditions shall be complied with prior to
installation of any equipment or issuance of building permits for the construction. Each
item is subject to review and approval by the Planning Division unless otherwise specified.
A. GENERAL
This approval is for a cellular communication site located at 246 E1 Pinto
Road. Development includes the construction of a 320 +/- square foot
equipment shelter and six directional cellular antennas mounted on ten foot
high poles. Development shall be substantially as shown on the project
drawings labeled "Cell #117", dated received December 17, 1990 by the
Planning division, except as may be modified by conditions contained
herein.
o
The developer shall pay any and all Town and other related fees that the
property may be subject to. These fees shall be based on the current fee
schedule in effect at the time the relevant permits are secured.
PAGE NO. 2 OF RESOLUTION 91-02
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A building permit will be required for the construction of the equipment
shelter. Prior to the issuance of a building permit, the developer shall
submit written documentation that all requirements of the San Ramon Valley
Fire Protection District, have been or will be met, as specified in their letter
of January 3, 1991.
All antennas shall be painted in a color to blend-in with surrounding
vegetation and to not have a reflective finish. The visual appearance of the
antennas and the barn shall be maintained in their approved condition.
Samples of the proposed colors for the antennas shall be submitted for
review and approval by the Planning Division prior to installation of the
antennas.
0
Any expansion or modification in the use of the antenna shall be subject to
review under a separate Land Use Permit application.
SITE PLANNING
All lighting shall be installed in such a manner that glare is directed away
from surrounding properties and rights-of-way.
ARCHITECTURE
All ducts, meters, air conditioning and/or any other mechanical equipment
whether on the structure or on the ground shall be effectively screened
from view with landscaping or materials architecturally compatible with the
main structure(s). The highest point of any roof mounted equipment shall
not extend above the top of the equipment well.
o
Architecture, materials, and colors of the proposed equipment shelter shall
be similar to those of the primary structure on the property. In general,
colors shall be earth-tone in nature and white shall be avoided. The
proposed fence shall retain it's natural wood color. Proposed colors shall
be submitted for review and approval by the Planning Division prior to
issuance of building permits.
Materials to be utilized for the equipment shelter roof shall be of a non-
reflective nature.
PAGE NO. 3 OF RESOLUTION 91-02
De
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INFRASTRUCTURE
Roof drains shall empty onto paved areas, concrete swales, other approved
dissipating devices, or into a pipe.
All utilities required to serve the development shall be installed.
underground.
MISCELLANEOUS
This Land Use permit shall be valid for a period of five'years. An time
extension may be approved by the Chief of Planning upon verification of the
sites continued compatibility with it's surroundings.
At any time during the effectiveness of this approval, the approval shall be
revocable for cause in accordance with section 26-2.2022 and 418.1 of the
Danville Zoning Ordinance, including failure to comply with these
conditions or if the permittee has caused or permitted any public nuisance
in connection of the use.
APPROVED by the Danville Planning Commission at a Regular Meeting on February 12,
1991 by the following vote:
AYES:
ABSENT:
NOES:
ABSTAINED:
Arnerich, Hughes, Murphy, Osborn, ¥ilhauer, Hunt
Wright
Chief of Pla
ey
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PAGE NO. 4 OF RESOLUTION 91-02