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HomeMy WebLinkAbout96-32 EXHIBIT A RESOLUTION NO. 96-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT LUP 96-14 AND DEVELOPMENT PLAN DP 96-19 REQUESTS ALLOWING THE ESTABLISHMENT AND USE OF A WIRELESS COMMUNICATION FACILITY WITHIN A TOWN-IDENTIFIED SCENIC HILLSIDE AREA (APN: 202-050-047 -- PACIFIC BELL MOBILE SERVICES) WHEREAS, Pacific Bell Mobile Services has requested approval of Land Use Permit and Development Plan requests to allow the establishment and operation of a wireless communication facility on a 46.6 +/- acre site located within a Town-identified Scenic Hillside area; and WHEREAS, the subject site is located on the south side of Diablo Road, east of McCauley Road, near an existing East Bay Municipal Utility District water tank and is further identified as Assessor's Parcel Number 202-050-047; and WHEREAS, the Town of Danville A-2; General Agricultural District requires approval of Land Use Permit prior to the establishment or operation of wireless communication facility; and WHERF~S, the Town of Danville Major Ridgeline and Scenic Hillside Development Ordinance requires approval of a Development Plan application prior to development within a Town identified Scenic Hillside area; and WHERF~S, the Planning Commission did review the project at a noticed public hearing on August 27, 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 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 PAGE I OF RESOLUTION NO. 96-32 RESOLVED that the Planning Commission of the Town of Danville approves of the Land Use Permit LUP 96-14 and Development Plan DP 96-19 requests per the conditions contained herein, and makes the following findings in support of this action: Land Use Permit Findings: The proposed land use will not be detrimental to the to the health, safety, or 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. 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. Development Plan Findings: The proposed siting and design of the new structure 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 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. 96-32 CONDITIONS OF APPROVAL A. GENERAL This approval is for a Land Use Permit (LUP 96-14) and Development Plan (DP 96-19) authorizing the establishment and operation of a wireless communication facility within a Town-identified Scenic Hillside 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 -- Danville/Diablo at McCauley," as prepared by SBA, Inc.; consisting of three sheets, and dated received by the Planning Division on August 22, 1996. 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. 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 and/or Development Plan 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 with the continuous operation of the applicant's facilities. Any expansion or modification of the use shall be subject to review and approval by the Planning Division under a separate Land Use Permit and/or Development Plan application. 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. PAGE 3 OF RESOLUTION NO. 96-32 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. 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 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 and the site shall be restored to its original preconstruction condition. Prior to installation of the facility, the service provider shall submit to the Town a letter stating the provider's agreement to remove the equipment within 30 days of discontinued use of the facility. 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. VISUAL RESOURCES The antennas, associated fencing, and equipment cabinet shall be painted a non-reflective color to blend with surrounding vegetation. Prior to the issuance of a building permit, the applicant shall submit color samples to the Planning Division for review and approval. The visual appearance of the antennas shall be maintained in their approved condition. BIOLOGICAL RESOURCES Any ground disturbances, including trenching for the coaxial cable route and digging post holes for the antennas, within the dripline of any Oak tree shall be done by hand. No construction equipment shall be stored, staged or parked within the driplines of any Oak tree. Prior to the issuance of a building permit, the PAGE 4 OF RESOLUTION NO. 96-32 applicant shall stake and fence all Oak trees, at their driplines, within 25 feet of proposed development and all ground disturbances. To ensure that maintenance vehicles and equipment, in the future, will not be parked or stored within the driplines of any oak tree, the applicant shall provide permanent sign at both the equipment cabinet and antenna area which states this requirement. All drainage diversion measures, especially at the equipment cabinet area, shall be designed to avoid ponding at Oak tree trunk areas and to avoid heavy erosion of soils around existing Oak trees. In accordance with the Tree Preservation Ordinance (Ordinance 32-79), the applicant shall post a security bond for all trees considered "at risk" of damage and/or destruction during project development, as defined by Sec. 32-79.8 of the Tree Preservation Ordinance. D. GRADING AND EROSION All graded areas, or areas substantially disturbed during construction, shall be reseeded with native species within 6 weeks of grading activities (trenching) to minimize slope failure and erosion potential. Geotextile binding fabrics shall be used if necessary to hold slope soils until vegetation is established. A drainage plan designed to direct all runoff water from impervious areas, such as the equipment cabinet pad, shall be conveyed by impervious conduits to existing drainage canyons. This drainage plan shall be submitted prior to the issuance of a Building Permit and is subject to the review and approval of the Engineering Division. To minimize potential erosion impacts from trenching or slope stability problems from grading for the equipment cabinet pad, a grading plan shall be submitted prior to the issuance of a Building Permit which details all proposed all proposed erosion control and slope stabilization measures. This grading plan is subject to the review and approval of the Engineering Division. The applicant shall limit excavation and grading activities to the dry season of the year (i.e., April 15 to November 1) unless an approved erosion control PAGE 5 OF RESOLUTION NO. 96-32 plan is in place and all measures therein are in effect. In addition, to reduce the effects of dust generation from grading, the soil shall be kept damp during grading activities. APPROVED by the Danville Planning Commission at a Regular Meeting on August 27, 1996, by the following vote: AYES: NOES: - ABSENT: Combs, Osborn ABSTAINED: Hunt Bowlby, Jameson, Moran, Osborn Vice Chairman" - / APPROVED AS TO FORM: City Attorney ptwz01 Chief of Pla PAGE 6 OF RESOLUTION NO. 96-32