HomeMy WebLinkAbout96-02 EXHIBIT A
RESOLUTION NO. 96-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
DANVILLE APPROVING LAND USE PERMIT LUP 95-21 AND
DEVELOPMENT PLAN DP 95-37 ALLOWING THE ESTABLISHMENT
AND OPERATION OF A TELECOMMUNICATIONS FACILITY WITHIN A
TOWN IDENTIFIED MAJOR RIDGELINE AREA
(APN: 197-100-042)
WHERF~S, Pacific Mobile Services has requested approval of a Land Use Permit LUP
95-21 and Development Plan DP 95-37 to allow the establishment and operation of a
telecommunications facility to be located within a Town identified Major Ridgeline area
on a 2.9 +/- acre site; and
WHEREAS, the subject site is located at 246 E1 Pinto Road and is identified as
Assessor's Parcel Number 197-100-042; and
WHERF~S, the Town of Danville R-100; Single Family Residential District Ordinance
requires approval of a Land Use Permit prior to the establishment of a
telecommunications facility; and
WHEREAS, the Town of Danville Scenic Hillside and Major Ridgeline Development
Ordinance (Ord. 29-84) requires approval of a Development Plan prior to
development within a Town identified major ridgeline area; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on January 9, 1996; 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 Planning Commission of the Town of Danville approves of the Land
Use Permit (LUP 95-21) per the conditions contained herein, and makes the following
findings in support of this action:
1. The proposed land u~c will not be detrimental to the to the health, ~afety, and
PAGE I OF RESOLUTION NO. 96-02
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 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.
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 approves of the
Development Plan request DP 95-37 and makes the following findings in support of
this action:
The proposed siting and design of the antennas and equipment shelter will not
conflict with the intent and purposes of Ordinance 29-84 ("Scenic Hillside and
Major Ridgeline Development"), in that development will be achieved with
minimal grading and 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.
The proposed development is in conformance with the zoning district in which
the property is located.
PAGE 2 OF RESOLUTION NO. 96-02
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk ("*") in the left-hand column are standard
project conditions of approval.
Unless otherwise specified, the following conditions shall be complied with prior to
the establishment of the land use or the issuance of a building permit for the project.
Each item is subject to review and approval by the Planning Division unless otherwise
specified.
* 1.
This approval is for a Land Use Permit (LUP 95-21) and Development
Plan (DP 95-37) authorizing the establishment and operation of a
telecommunications facility within a Town identified major ridgeline area.
Except as may be modified by the conditions contained herein,
development shall be substantially as shown on the project drawings
labeled "Pacific Bell Mobile Services", as prepared by SBA, Inc. and
consisting of three sheets, dated received by the Planning Division on
September 25, 1995.
The applicant 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, and shall
be paid prior to issuance of said permit and prior to any Town Council
final approval action.
The applicant shall obtain a building permit from the Town's Building
division prior to installation of the equipment and antennas.
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 shall be maintained in their approved condition. Samples
of the proposed colors shall be submitted for review and approval by the
Planning Division prior to installation.
o
Any expansion or modification of the use shall be subject to review and
approval by the Planning Division under a separate Land Use Permit
application.
6. The two west facing antennas shall have a maximum height of 15.5 feet.
Existing vegetation behind the antennas shall be maintained in a healthy
growing manner and shall be maintained at height at least equal to the
height of the antennas.
PAGE 3 OF RESOLUTION NO. 96-02
All new utilities required to serve the facility, including lines between the
equipment shelter and the antennas, shall be installed underground.
The project shall be constructed as approved: Minor modifications in the
design, but not the use, may be approved by the Planning Division. Any
other change will require Planning Commission approval through a
separate Land Use Permit application.
* 10.
Pursuant to Government Code section 66474,9, the applicant (including
the applicant or any agent thereof) shall defend, indemnify, and hold
harmless the Town of Danville and its agents, officers, and employees
from any claim, action, or proceeding against the Town or its agents,
officers, or employees to attack, set aside, void, or annul, the Town's
approval concerning this Land Use Permit and Development Plan
application, which action is brought within the time period provided for
in Section 66499.37. The Town will promptly notify the applicant of any
such claim, action, or proceeding and cooperate fully in the defense.
11.
At any time during the effectiveness of this approval, the approval shall
be revokable for cause in accordance with sections 26-2.2022 and 418.1
of the Danville Municipal Code, including failure to comply with these
conditions of approval if the permittee has caused or permitted any
public nuisance in connection with the use.
12.
This Land Use Permit shall be valid for a time period of five years. A
time extension may be approved by the Chief of Planning, upon the
receipt of a letter requesting the extension by the applicant, upon
verification that the findings made for approval of the land use are still
valid.
APPROVED by the Danville Planning Commission at a Regular Meeting on January 9,
1996, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
APPROVED AS TO FORM:
City Attorney
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Bowlby, Combs, Jameson, Moran, Osborn, Murphy
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Chief ~~
PAGE 4 OF RESOLUTION NO. 96-02