Loading...
HomeMy WebLinkAbout96-25 EXHIBIT A RESOLUTION NO. 96-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT REQUEST LUP 96-24 AND VARIANCE REQUEST VAR 96-13 ALLOWING THE HEIGHT OF AN EXISTING WIRELESS COMMUNICATION TOWER TO BE RAISED AND THE USE OF THE TOWER BY AN ADDITIONAL XVIRELESS COMMUNICATION PROVIDER (APN: 207-012-006 -- CELLULAR ONE/SAN RAMON VALLEY FIRE PROTECTION DISTRICT) WHEREAS, Bay Area Cellular Telephone Company has requested approval of a Land Use Permit request (LUP 96-24) and a Variance request (VAR 96-13) to allow the use of an existing wireless communication tower for an additional wireless communication provider on a 1.13+/- acre site; and WHEREAS, the proposal includes the extension of the existing tower an additional 20 feet in height, resulting in a total tower height of 80 feet; and Ve-HEREAS, the facility includes panel antennas to be mounted on the tower and a new equipment room constructed as an addition to the existing fire station building; and WHEREAS, the Variance request would allow the tower to be extended from 60 feet in height to 80 feet height while the zoning district has a 35 foot height limit; and WHEREAS, the subject site is located at 800 San Ramon Valley Blvd. and is further identified as Assessor's Parcel Number 207-012-006; and WHEREAS, the Town of Danville O-1; Limited Office District requires approval of a Land Use Permit and Variance prior to construction of a wireless communication tower with a height in excess of 35 feet; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on June 25, 1996; 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 PAGE 1 OF RESOLUTION NO. 96-25 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 request LUP 96-24 and Variance request VAR 96-13 per the conditions contained herein, and makes the following findings in support of the action: Land Use Permit The proposed land use will not be detrimental to the to the health, safety, and general welfare of the Town. o The land use will not adversely affect the orderly development of property within the Town. 3. 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. 5. 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. Variance This variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the area and the O-1; Limited Office District in which the subject property is located. Because of the following special circumstances applicable to this specific property, strict application of the applicable zoning regulations would deprive the subject property of rights enjoyed by others in the general vicinity and/or located in the same zoning district: The additional height of the tower is needed to accommodate the collocation PAGE 2 OF RESOLUTION NO. 96-25 of additional wireless communication antennas on the Tower and to serve the needs of the San Ramon Valley Fire Protection District related to the preservation of the health, safety and welfare of the community. This variance is in substantial conformance with the intent and purpose of the O-1; Limited Office District in which the subject property is located since the variance allows for a reasonable use of the property which includes the provision of essential community emergency services. 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 96-24) authorizing the establishment and operation of a wireless communication to be located on the existing tower located at 800 San Ramon Valley Blvd. Concurrent approval is given to the Variance request (VAR 96-13) authorizing the extension of the tower from 60 feet to 80 feet. Except as may be modified by the conditions contained herein, development shall be substantially as shown on the project drawings labeled Cellular One, as prepar ed by WHL Architects/Planners, consisting of three sheets and dated received by the Planning Division on June 5, 1996. The applicant shall pay any and all Town and other related fees that the property may be subject to at the time that the building permit is secured. The applicant shall obtain a building permit from the Town's Building Division prior to installation of the equipment, antennas, construction of the equipment room, or extension of the tower height. All antennas shall be non-reflective and painted in a color to blend in with the tower to the extent possible. Samples of the proposed colors shall be submitted for review and approval by the Planning Division prior to installation. PAGE 3 OF RESOLUTION NO. 96-25 10. 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. If feasible, the applicant 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. 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. 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. 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 applicant has caused or permitted any public nuisance in connection with the use. This Land Use Permit shall be valid for a time period of five years. Additional time extensions, with a maximum period of five years per extension, may be approved by the Chief of Planning, upon the receipt of a letter requesting the extension by the applicant. Such extension shall be based on a determination that the findings made for approval of the land use are still valid. At the PAGE 4 OF RESOLUTION NO. 96-25 11. discretion of the Chief of Planning, the extension request may be referred to the Planning Commission for consideration and action. All equipment associated with a wireless communication facility shall be removed within 30 days of the discontinuation of the use. In addition, the service provider shall provide the Town with a notice of intent to vacate a site a minimum of 30 days prior to the vacation. This removal requirement shall be reflected in the terms of the lease for the project. APPROVED by the Danville Planning Commission at a Regular Meeting on July 9, 1996 by the following vote: AYES: NOES: - ABSENT: - ABSTAIN: Hunt Bowlby, Combs, Jameson, McEvilly, Moran, Osborn, Murphy APPROVED AS TO FORM: City Attorney pdczl07 Chief of Pl~nni~n~ PAGE 5 OF RESOLUTION NO. 96-25