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HomeMy WebLinkAbout96-05 EXHIBIT A RESOLUTION NO. 96-05 A RESOLUTION OF THE PLANNING COMMISSION OF APPROVING LAND USE PERMIT REQUEST LUP THE ESTABLISHMENT AND OPERATI TELECOMMUNICATIONS FACILITY LOCATED ON THE ROOF OF A EXISTING BUILDING (APN: 218-040-022, 030) WHEREAS, Pacific Bell Mobile Services has requested approval LUP 95-29 to allow the establishment and operation of a including slx panel antennas and a small equipment shelter, WHEREAS, the subject site is located at 1320 E1 Capitan Drive Parcel Numbers 218-040-022, 030; and WHEREAS, the Town of Danville L-l; Light Industrial District of a Land Use Permit prior to the establishment of a telecom: tHE TOWN OF DANVILLE 95-29 ALLOWING DN OF A TO BE N of a Land Use Permit request telecommunications facility, on a 4.7 +/- acre site; and Lnd is identified as Assessor's Drdinance requires approval nunications facility; and / WHEREAS, the Danville Planning Commission did review tl~e project at a noticed public hearing on March 12, 1996; and WHEREAS, the public notice of this action was given in all res WHEREAS, a staff report was submitted recommending that P the request; and WHEREAS, the Planning Commission did hear and consider a and testimony submitted in writing and presented at the hea )ects as required by law; and ~nning Commission approve 1 reports, recommendations, 'ing; now, therefore, be it / RESOLVED that the Planning Commission of the Town of DanVille approves of the Land Use Permit request LUP 95-29 per the conditions contained herpin, and makes the following findings in support of the Land Use Permit request: 1. The proposed land use will not be detrimental to the to.the health, safety, and general welfare of the Town. PAGE 1 OF RESOLUTION NO. 96-05 The proposed land use will not adversely affect the ordl within the Town. The proposed land use will not adversely affect the pr and the protection of the tax base within the Town. The proposed land use will not adversely affect the General Plan. .'rly development of property :servation of property values ~olicy and goals as set by the ! The proposed land use will not create a nuisance aDd,or enforcement problem within the neighborhood or community. 0 The proposed land use will not encourage margi neighborhood. The unique conditions and characteristics of the subject surroundings are suitable for the proposed use. CONDITIONS OF APPROVAL Conditions of approval with an asterisk ("*") in the left-hand conditions of approval. hal development within the property and its location and column are standard project Unless otherwise specified, the following conditions shall establishment of the land use or the issuance of a building peri is subject to review and approval by the Planning Division m This approval is for a Land Use Permit reques establishment and operation of a telecommunic~ panel antennas and a small equipment cabinet. the conditions contained herein, development s on the project drawings labeled Pac ific Bell M by SBA, Inc., consisting of three sheets and df Division on January 26, 1996. * 2. The applicant shall pay any and all Town an PAGE e complied with prior to the nit for the project. Each item dess otherwise specified. ~ (LUP 95-29) authorizing the tions facility comprised of six ~xcept as may be modified by roll be substantially as shown obile Services, as prepared ,ted received by the Planning d other related fees that the 2 OF RESOLUTION NO. 96-05 o o 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 permi division prior to installation of the equipment: All antennas shall be painted in a color to blent f~om the Town's Building .nd antennas. .-in with the background (sky blue). The antennas shall be maintained i~ their approved condition. Samples of the proposed colors shall be subm itted for review and approval by the Planning Division prior to installation. ~ Any expansion or modification of the use snail be subject to review and approval by the Planning Division under ~ separate Land Use Permit application. I ! The operator and owner shall allow additional wireless communication companies to collocate antenna equipment and antennas at this site, subject to review and approval by the Planning Commission~ under a separate Land Use Permit application. The applicant and bther wireless carriers shall provide a mechanism for the construction ~nd maintenance of shared facilities and infrastructure and shall provide ~r equitable sharing of costs. Construction of future facilities shall not interru ?t or interfere the continuous operation of the applicant's facilities. The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by the ~lanning Division. Any other change will require Planning Commission apprpval through a separate Land Use Permit application. ! Pursuant to Government Code section 66474.c~ applicant or any agent thereof) shall defend, il the Town of Danville and its agents, officers, an action, or proceeding against the Town or its to attack, set aside, void, or annul, the Town's Use Permit and Development Plan application, xa the time period provided for in Section 66499 notify the applicant of any such claim, action, PAGE ', the applicant (including the ldemnify, and hold harmless d employees from any claim, gents, officers, or employees 3proval concerning this Land hich action is brought within 37. The Town will promptly )r proceeding and cooperate 3 OF RESOLUTION NO. 96-05 fully in the defense. At any time during the effectiveness of this approval, the approval shall be revokable for cause in accordance with Section,s 26-2.2022 and 418.1 of the Danville Municipal Code, including failure to 5omply with these conditions of approval and in case the permittee has cat~sed or permitted any public nuisance in connection with the use. l ! 10. This Land Use Permit shall be valid for a Additional time extensions, with a maximun extension, may be approved by the Chief of P1 letter requesting the extension by the applicant. on a determination that the findings made for al: valid. At the discretion of the Chief of Planning, referred to the Planning Commission for cons time period of three years. period of three years per nning, upon the receipt of a 3uch extension shall be based 3roval of the land use are still ihe extension request may be deration and action. by the Danville Planning Commission at a Regular Meeting on March 12, APPROVED 1996 by the following vote: 1 AYES: Combs, Jameson, McEvilly, Moran, NOES: - ABSENT: - ABSTAINED: Hunt sborn, Murphy APPROVED AS TO FORM: City Attorney adcz92 PAGE 4 OF RESOLUTION NO. 96-05