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Home My WebLink About91-43EXHIBIT A RESOLUTION NO. 91-43 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT REQUEST LUP 91-25 AND DEVELOPMENT PLAN REQUEST DP 91-30 ALLOWING THE CONSTRUCTION OF A CELLULAR COMMUNICATIONS TRANSMISSION FACILITY LOCATED WITHIN A TOWN IDENTIFIED MAJOR RIDGELINE AREA WHEREAS, Cellular One 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 Major Ridgeline area on a 155 +/- acre site; and WHEREAS, the subject site is located southwest of the intersection of Diablo Road and Avenida Nueva and is identified as Assessor's Parcel Number 202-050-052; and WHEREAS, the Town of Danville A-4; Agricultural Preserve 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 Major Ridgeline area; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on September 10, 1991; and WHERF~S, the public notice of this action was given in all respects as required by law; and WHEREAS, a staff report was submitted recommending that Planning Commission approve the request; and WHERF~S, 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 91-25 per the conditions contained herein, and makes the following findings in support of the Land Use Permit: PAGE i OF RESOLUTION 91-43 ~,~ 1. The proposed use is consistent with the Danville 2005 General Plan. The use will not be detrimental to the health, safety and general welfare of the Town. There is no evidence before the Town that the proposed use will have potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. The use will not adversely affect the orderly development of property within the Town. o The use will not adversely affect the preservation of property values and the preservation of the mx base within the Town. 6. The use will not adversely affect the goals and policies of the General Plan. 7. The use will not create a nuisance and/or enforcement problem within the district. 8. The use will not encourage marginal development in the area. NOW, THEREFORE, BE IT RESOLVED THAT the Planning Commission of the Town of Danville approves the Development Plan request DP 91-30 per the conditions contained herein, and makes the following findings in support of the Development Plan: The siting of the equipment shelter, chain link fencing, and directional antennas do 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 or no grading, and does not adversely impact predominant views of a Town-identified Major Ridgeline Area. 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. PAGE 2 OF RESOLUTION 91-43 CONDITIONS OF APPROVAL (Note: * Indicates standard project Conditions of Approval) Unless otherwise specified, the following Conditions shall be complied with prior to installation of any equipment or issuance of building permits for construction of the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL This approval is for a cellular communications site located southwest of the intersection of Diablo Road and Avenida Nueva identified as APN: 202-050- 052. Development includes the construction of a 210 +/- square foot equipment shelter and six directional cellular antennas. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; ao Site Plan and Elevation drawings labeled "Cell #442 Blackhawk III," dated received August 12, 1991 by the Planning Division, except as may be modified by conditions contained herein. b0 Mechanical Specifications of Antenna labeled "Log-Periodic Reflector Antenna" dated received August 12, 1991 by the Planning Division, except as may be modified by conditions contained herein. 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. ° Prior to the issuance of grading or building permits, the developer shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District have been or will be, met to the satisfaction of this respective agency. The Fire District's initial comments on this project are summarized in part within their letter of August 26, 1991. This land use will have no potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. The applicant shall submit to the Town of Danville a fee of $25.00 required to file a De PAGE 3 OF RESOLUTION 91-43 Minimus Impact Finding with the County Clerk. * 5. All construction and grading operations, including delivery of materials and warming up of machinery, shall be limited to weekdays (Mondays through Fridays) during the hours from 7:30 a.m. to 5:30 p.m., unless otherwise approved in writing by the City Engineer. If determined necessary by the City Engineer, the project developer shall provide security fencing around the entire site during construction of the project. Any building construction activity, delivery of construction supplies, or use of pneumatic tools, shall be limited to weekdays (Mondays thru Fridays) during the hours from 7:30 a.m. to 5:30 p.m., unless otherwise approved in writing by the Chief Building Official. B. SITE PLANNING This permit does not permit exterior lighting of the facilities. If security lighting is required, it shall be reviewed and approved by the Chief of Planning prior to installation. If lighting is installed, all lighting shall be installed in such a manner that glare is directed away from surrounding properties and rights-of-way. C. ARCHITECTURE The equipment shelter, six antennas and fences shall be painted dark green in color and shall be submitted for review and approval by the Planning Division prior to issuance of building permits. 2. Materials to be utilized for the equipment shelter roof shall be nonreflective. D. INFRASTRUCTURE * 1. Water supply service shall be provided by the East Bay Municipal Utility District in accordance with the requirements of the District. * 2. All utilities required to serve the development shall be installed underground. E. MISCELLANEOUS * 1. The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by Staff. Any other change will require Planning Commission approval through the Development Plan review process. PAGE 4 OF RESOLUTION 91-43 0 The applicant shall acquire, and document, all necessary access rights from the Town of Danville, East Bay Municipal Utility District (EBMUD), and the property owner prior to issuance of building permits. The applicant shall enter into a shared maintenance agreement for the access road with the Town of Danville and EBMUD prior to issuance of building permits. This Land Use Permit shall be valid for a period of five years. A time extension of a maximum of five additional years may be approved by the Chief of Planning upon verification of the facility's continued compatibility with its surroundings. o At any time during the lifetime of this use permit approval, the approval shall be revocable for cause in accordance with section 26-2.2022 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. o The applicant shall secure building permits for the equipment shelter and fencing that surrounds the shelter prior to any construction. Complete construction details and T-24 energy calculations shall be provided for the equipment shelter. APPROVED by the Danville Planning Commission at a regular meeting on September 10, 1991 by the following vote: AYES: Arnerich, Hunt, Orborn, Murphy, Vilhauer, Wright NOES: ABSTAINED: ABSENT: Hughes Chief of APPROVED AS TO FORM: pdpz16 PAGE 5 OF RESOLUTION 91-43