Loading...
HomeMy WebLinkAbout96-21 EXHIBIT A RESOLUTION NO. 96-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LA_ND USE PERMIT LUP 96-12 ALLOWING THE OPERATION OF A TELECOMMUNICATIONS FACILITY WITHIN SYCAMORE VALLEY PARK (APN: 215-090-027) WHERF~S, Pacific Bell Mobile Services has requested approval of a Land Use Permit to allow the operation of a telecommunications facility within Sycamore Valley Park; and WHEREAS, the proposed facility would include several small panel antennas which would be collocated on a planned sport field light pole and an equipment cabinet; and WHEREAS, the subject site is identified as Sycamore Valley Park and is located on the north side of Camino Tassajara, being further identified as Assessor's Parcel Number 215-090-027; and WI-IERF~S, the Town of Danville P-l; Planned Unit Development Ordinance requires approval of a Land Use Permit prior to operation of a telecommunications facility within the district; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on May 28, 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 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 of the Land Use Permit LUP 96-12 per the conditions contained herein, and makes the following findings in support of this action: 1. The proposed land use will not be detrimental to the to the health, safety, and general PAGE 1 OF RESOLUTION NO. 96-21 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. 4. 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. CONDITIONS OF APPROVAL Conditions of approval with an asterisk C*") 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. This approval is for a Land Use Permit request (LUP 96-12) authorizing the establishment and operation of a telecommunications facility within Sycamore Valley Park. Except as may be modified by the conditions contained herein, development shall be substantially as shown on the project drawings labeled D anville/Sycamore Valley, as prepared by SBA, Inc., consisting of three sheets and dated received by the Planning Division on May 2, 1996. The location of the equipment cabinet shall be moved to be near the top of the bank, nearer to sport field number four, substantially as shown on the visual simulation dated April 16, 1996, on file with the Planning Division. The exact location shall be subject to review and approval by the Planning Division prior to installation. In addition, natural vegetative screening shall be planted around the equipment cabinet. A landscape plan depicting the proposed screening shall be submitted for review and approval by the Planning Division prior to installation of the equipment cabinet. PAGE 2 OF RESOLUTION NO. 96-21 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. 5. All antennas shall be painted to match the color of the pole. The area directly surrounding the equipment shelter shall be landscaped with evergreen plants and shrubs which will effectively screen the equipment cabinet immediately. A landscape plan for this area shall be submitted for review and approval by the Planning Division prior to installation. The applicant shall submit to the Planning Division a cash security in the amount of 125 percent of the estimated cost of removal and disposal of the antennas and the equipment cabinet from the park and the restoration to its previous condition of the area being modified to accommodate the equipment cabinet. The applicant shall be responsible for taking all steps necessary to effectively limit, to the satisfaction of the Planning Division, any noise generated by the equipment cabinet. 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 other wireless carriers shall provide a mechanism for the construction and maintenance of shared facilities and infrastructure and shall provide for equitable sharing of costs. Construction of future facilities shall not interrupt or interfere the continuous operation of the applicant's facilities. 10. 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 or modification of the use will require Planning Commission approval through a separate Land Use Permit application. PAGE 3 OF RESOLUTION NO. 96-21 11. 12. 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 and in case the permittee has caused or permitted any public nuisance in connection with the use. This Land Use Permit shall be valid for a time period of three years. Time extensions, with a maximum period of three years per extension, may be approved by the Chief of Planning, upon the receipt of a letter requesting the extension by the applicant, based on the determination that the land use continues to be consistent with the findings for approval under which the project was initially approved. APPROVED by the Danville Planning Commission at a Regular Meeting on May 28, 1996, by the following vote: AYES: NOES: ABSTAINED: Hunt ABSENT: - APPROVED AS TO FORM: Bowlby, Combs, McEvilly, Moran, Osborn, Murphy City Attorney pdczl02 PAGE 4 OF RESOLUTION NO. 96-21