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HomeMy WebLinkAbout96-41 EXHIBIT A RESOLUTION NO. 96-41 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT REQUEST LUP 96-23 AND DEVELOPMENT PLAN REQUEST DP 96-15 ALLOWING THE ESTABLISHMENT AND USE OF A WIRELESS COMMUNICATION FACILITY (APN: 197-100-042 -- NEXTEL COMMUNICATIONS @ EL PINTO) WHEREAS, Nextel Communications has requested approval of Land Use Permit and Development Plan requests to allow the establishment and operation of a wireless communication facility on a 2.9 +/- acre site within a Town identified Major Ridgeline area; and WHEREAS, the subject site is located at 246 E1 Pinto Road and is further identified as Assessor's Parcel Number 197-100-042; and WHEREAS, the Town of Danville R-100; Single Family Residential District requires approval of Land Use Permit prior to the establishment or operation of wireless communication facility; and WHEREAS, the Town of Danville Major Ridgeline and Scenic Hillside Development Ordinance (Ordinance 29-84) requires approval of a Development Plan application prior to placement of the facility within a Town identified Major Ridgeline area; and WHERFa~S, the Planning Commission did review the project at a noticed public hearing on September 24, 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 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 PAGE I OF RESOLUTION NO. 96-41 RESOLVED that the Planning Commission of the Town of Danville approves of the Land Use Permit request LUP 96-23 and Development Plan request DP 96-15 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, and general welfare of the Town. 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. 7. That special conditions or unique characteristics of the subject property and its location or surroundings are established. Failure to so find shall result in a denial. Development Plan Findings: 1. 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 Developmenf'), 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. 2. The proposed development is in conformance with the goals and policies of the General Plan. o The proposed development is in conformance with the zoning district in which the property is located. PAGE 2 OF RESOLUTION NO. 96-41 CONDITIONS OF APPROVAL This approval is for a Land Use Permit request (LUP 96-23) and Development Plan request (DP 96-15) authorizing the establishment and operation of a wireless communication facility. Except as may be modified by the conditions contained herein, development shall be substantially as shown on the project drawings labeled "Nextel Communications -- Boon Hill," as prepared by Erkan & Associates, consisting of four sheets, and dated received by the Planning Division on September 18, 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. All antennas and outdoor equipment shall be painted a color to blend with surrounding vegetation and shall not have a reflective finish. 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. The proposed outdoor air conditioning unit shall be insulated for noise impacts to the satisfaction of the Planning Division. Prior to the issuance of a building permit, the applicant shall submit construction plans detailing the proposed materials and method of insulation for the review and approval by the Planning Division. o 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. 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. PAGE 3 OF RESOLUTION NO. 96-41 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. 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. 10. 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. 11. 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. PAGE 4 OF RESOLUTION NO. 96-41 APPROVED by the Danville Planning Commission at a Regular Meeting on September 24, 1996, by the following vote: AYES: NOES: - ABSENT: - ABSTAINED: Hunt Bowlby, Combs, Jameson, Moran, Osborn, Murphy APPROVED AS TO FORM: City Attorney ptwz05.wpd PAGE 5 OF RESOLUTION NO. 96-41