HomeMy WebLinkAbout93-39 EXHIBIT A
RESOLUTION NO. 93-39
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
APPROVING LAND USE PERMIT REQUEST LUP 93-13 & DEVELOPMENT
PLAN REQUEST DP 93-14 ALLOWING THE CONSTRUCTION AND
OPERATION OF A DIGITAL MOBILE RADIO SYSTEM
FACILITY WITHIN A TOWN IDENTIFIED
MAJOR RIDGELINE AREA
(APN: 207-071-004 - SMART SMR)
WHEREAS, Smart SMR of California, Inc. has requested approval of a Land Use Permit
and Development Plan to allow the construction and operation of a dual purpose digital
mobile radio system on a 18.9 +/- acre site; and
WHERF~S, the subject site is located at 2498 Tassajara Lane and is identified as Assessor's
Parcel Number 207-071-004; and
WHEREAS, the Town of Danville Single Family Residential Ordinance allows the
establishment of communication facilities subject to approval of a Land Use Permit; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing
on September 14, 1993; and
WHEREAS, 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
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 93-13) and Development Plan (DP 93-14)
requests per the conditions contained herein, and makes the following findings in support
of the Land Use Permit:
PAGE 1 OF RESOLUTION NO. 93-39
The proposed land use will not be detrimental to the health, safety, and general
welfare of the Town.
The land use will not adversely affect the orderly development of property within
the Town.
The land use will not adversely affect the preservation of property values and the
protection of the tax base within the Town.
The land use will not adversely affect the policies and goals as set by the General
Plan.
The land use will not create a nuisance and~or enforcement problem within the
neighborhood or community.
6. The land use will not encourage marginal development within the neighborhood.
and, be it further
RESOLVED, that the Planning Commission of the Town of Danville makes the following
Findings in support of the Development plan request:
The siting of the communication equipment, including three whip antennas and
two microwave dishes, will not conflict with the purpose and intent of Town
Ordinance 29-84 (Scenic Hillside and Major Ridgeline Development), in that
development will be achieved with minimal grading, and will 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 NO. 93-39
CONDITIONS OF APPROVAL
Unless otherwise specified, the following conditions shall be complied with prior to the
issuance of building permits for the project. Each item is subject to review and approval
by the Planning Division unless otherwise specified.
Except as may be modified by the following conditions, development shall be
substantially as shown on the project drawings labeled "Smart SMR - Specialized
Mobile Radio Facility", as prepared by Rousseau-Perkocha Architects, consisting of
four sheets, dated received by the Planning Division on June 17, 1993.
The applicant shall pay any and all Town and other related fees that the project
may be subject to. These fees shall be based on the current fee schedule in effect
at the time the relevant permit is secured.
The 12 pannel antennas, proposed to eventually replace the whip antennas, are not
approved as part of this permit. Any expansion or modification in the use of the
antenna shall be subject to review under a separate Land Use Permit application.
One microwave dish only is approved by this permit. The one six foot maximum
microwave dish shall be painted green to match the adjacent vegetation. The
dishes shall be located as close to the existing vegetation as possible to blend in
and be screened by that vegetation.
The three thirteen foot high whip antennas shall be painted a non-reflective sky
blue.
The microwave dishes and whip antennas shall be maintained in their approved
condition and color to assure their continued compatibility with the surrounding
environment.
Operation of the communication site shall be controlled so as not to create a
nuisance to the adjoining residential and agricultural areas. During any time
within the effective period of this approval, the approval shall be revocable for
cause in accordance with sections 26-2.2022 and 418.4 of the Danville Municipal
Code, including if the permittee has caused or permitted and public nuisance in
connection with the use.
PAGE 3 OF RESOLUTION NO. 93-39
The Land Use Permit shall be valid for a period of five years. The Land Use Permit
may be extended by the Chief of Planning after the verification of the facility
continued compatibility with its surroundings.
APPROVED by the Danville Planning Commission at a Regular Meeting on September 14,
1993 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Hunt, Vilhauer, Arnerich
Jameson, Murphy
Bowlby, Osborn
C ha~lS~a~ ~~?
APPROVED AS TO FORM:
pdcz53
Chief of
PAGE 4 OF RESOLUTION NO. 93-39
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