HomeMy WebLinkAbout93-44 EXHIBIT A
RESOLUTION NO. 93-44
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
APPROVING LAND USE PERMIT LUP 93-24 & DEVELOPMENT PLAN
REQUEST DP 93-20 ALLOWING THE PLACEMENT OF ONE
WHIP ANTENNA WITHIN A TOWN IDENTIFIED
MAJOR RIDGELINE AREA
(APN: 207-071-004)
WHERF~S, the Town of Danville has requested approval of a Land Use Permit (LUP 93-
24) and Development Plan (DP 93-20) to allow the placement of one whip antenna on the
roof of an existing barn, allowing the operation of a mobile radio system. The site is
located within a Town identified Major Ridgeline area. Additional equipment would be
housed within the existing barn on the 18.5 +/- acre site; and
XVHERFakS, 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 requires the
approval of a Land Use Permit prior to the establishment of an antenna transition site and
the Town of Danville Scenic Hillside and Major Ridgeline Ordinance requires approval
of a Development Plan permit prior to the placement of structures or equipment in a
Town identified Major Ridgeline area; and
WHERF~S, the Planning Commission did review the project at a noticed public hearing
on October 26, 1993; 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
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 93-24) per the conditions contained herein,
and makes the following findings in support of the Land Use Permit request:
PAGE 1 OF RESOLUTION NO. 93-44
The proposed land use will not be detrimental to the to the health, safety, and
general welfare of the Town.
0
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 policy 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 proposed siting of the antenna will not conflict with the intent and purposes
of Ordinance 29-84 ("Scenic Hillside and Major Ridgeline Development"), in that
development will not adversely impact predominate views of a Town-identified
Scenic Hillside or Major Ridgeline area.
The proposed development is in conformance with the goals and policies of the
General Plan.
0
The proposed development is in conformance with the zoning district in which the
property is located.
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.
1. This permit authorizes the placement of one whip 12 foot 6 inch whip antenna on
PAGE 2 OF RESOLUTION NO. 93-44
the roof of an existing barn. Except as may be modified by the following
conditions, development shall be substantially as shown on the project drawings
labeled "Town of Danville Radio Repeater and Antenna Installation Proposal", as
prepared by Doug Scott, dated received by the Planning Division on October 14,
1993.
2. The whip antenna shall be painted a non-reflective sky blue.
The whip antenna 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.
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 October 26,
1993 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Hunt, Jameson, Osborn, Vilhauer, Arnerich
Bowlby, Murphy
APPROVED AS TO FORM:
Attorney
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PAGE 3 OF RESOLUTION NO. 93-44