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HomeMy WebLinkAbout96-44 EXHIBIT A RESOLUTION NO. 96-44 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT REQUEST LUP 96-15 ALLOWING THE ESTABLISHMENT AND USE OF A WIRELESS COMMUNICATION FACILITY (APN: 207-011-002 -- PACIFIC BELL) WHEREAS, Pacific Bell Mobile Services has requested approval of a Land Use Permit for the establishment of a wireless communication facility on a 0.59 acre site; and WHEREAS, the subject site is located on the roof-top of an existing building at 811 San Ramon Valley Boulevard and is identified as Assessor's Parcel Number 207-011-002; and WHEREAS, the Town of Danville O-1; Limited Office District Ordinance requires approval of a Land Use Permit prior to installation of a commercial communication facility; and WHERF~S, the Planning Commission did review the project at a noticed public hearing on September 10, 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 RESOLVED that the Planning Commission of the Town of Danville approves of the Land Use Permit request LUP 96-15 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 welfare of the Town. 2. The land use will not adversely affect the orderly development of property within the Town. PAGE I OF RESOLUTION NO. 96-44 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 thc neighborhood. That special conditions or unique characteristics of the subject property and its location or surroundings are established. CONDITIONS OF APPROVAL This approval is for a Land Use Permit (LUP 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 "Pacific Bell -- PL-252-09 Danville/San Ramon Valley Blvd," as prepared by Logikos Inc., consisting of three sheets, and dated received by the Planning Division on April 25, 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 equipment cabinet shall be painted with a non-reflective color and/or treated to match the exterior of the building or the antenna's background color. 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. Prior to issuance of building permits for the project, the applicant shall submit a landscape plan for the areas surrounding the equipment cabinet. The plan shall include plant materials to completely screen the equipment from view within a short PAGE 2 OF RESOLUTION NO. 96-44 10. 11. period of time. The landscaping, and associated automatic irrigation, shall be installed concurrently with the installation of the equipment cabinet. The landscaping shall be maintained in a healthy growing manner. 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. 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. 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 preconstrucfion 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 PAGE 3 OF RESOLUTION NO. 96-44 minimum of 30 days prior to the vacation, APPROVED by the Danville Planning Commission at a Regular Meeting on September 10, 1996 by the following vote: Bowlby, Combs, Moran, Osborn, Murphy AYES: NOES: ABSTAIN: Hunt ABSENT: Jameson APPROVED AS TO FORM: City Attorney / e:\planning\crompton\pdczl 12.wpd PAGE 4 OF RESOLUTION NO. 96-44