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HomeMy WebLinkAbout96-52 EXHIBIT A RESOLUTION NO. 96-52 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT REQUEST LUP 96-32 ALLOWING THE INSTALLATION OF WIRELESS COMMUNICATION RECEIVING AND TRANSMITTING EQUIPMENT TO BE INSTALLED ON STREET LIGHTS WITHIN THE TOWN'S PUBLIC RIGHT-OF-WAY (METRICOM/RICOCHET) WHERF~S, Metricom, Inc. has requested approval of a Land Use Permit request to allow the installation of wireless communication receiving and transmitting equipment to be installed on street lights within the Town's public right-of-way; and WHEREAS, the equipment would be mounted on street lights within the public right-of-way throughout Danville; and WHEREAS, the Town of Danville Wireless Communication Facilities Ordinance requires approval of a Land Use Permit prior to the establishment of commercial wireless communication facilities; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on October 22, 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 the 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 Land Use Permit request (LUP 96-32) per the conditions contained herein, and makes the following findings in support of this action: The proposed land use will not be detrimental to the health, safety, and general welfare of the Town. PAGE I OF RESOLUTION NO. 96-52 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. The land use will not adversely affect the policies 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 This permit authorizes the installation of antennas which will form a wireless digital network known as "Ricochet" to be located on existing street light poles within the Town of Danville public right-of-way. A maximum of six antennas per square mile, or a maximum of 100 antennas, are authorized by this permit. The design and general placement of the antennas on the street lights shall be as shown on the plans labeled" Exhibit C", dated received by the Planning Division on August 1, 1996 and shall be consistent with the visual simulations dated August 1, 1996 on file with the Planning Division. Prior to installation of any antennas, the applicant shall enter into a lease agreement with the Town of Danville for the rent of space on street lights within the public right- of-way. Prior to the installation of any antennas, the applicant shall submit to the Planning Division the proposed exact location of all street lights to receive an antenna. All proposed locations shall be subject to review and approval by the Planning and Engineering Divisions prior to installation. 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. PAGE 2 OF RESOLUTION NO. 96-52 The applicant shall obtain an Encroachment Permit from the Town's Building Division prior to installation of the antennas within the public right-of-way. 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 Municip al 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. 10. All equipment associated with a wireless communication facility shall be removed within 30 days of the discontinuation of the use and the poles shall be restored to their original pre-installation condition. Prior to installation of the facility, the service provider shall submit a letter to the Town 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 3 OF RESOLUTION NO. 96-52 APPROVED by the Danville Planning Commission at a Regular Meeting on October 22, 1996 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Bowlby, Combs, Jameson, Moran, Murphy, Osborn Hunt APPROVED AS TO FORM: City Attorney pdc116 PAGE 4 OF RESOLUTION NO. 96-52