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HomeMy WebLinkAbout97-29 EXHIBIT A RESOLUTION NO. 97-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE DENYING AN APPEAL AND APPROVING LAND PERMIT REQUEST LUP 97-08 ALLOWING THE ESTABLISHMENT AND USE OF A WIRELESS COMMUNICATION FACILITY (APN: 207-012-006 -- GTE MOBILNET) WHEREAS, Matthews Land Company (for GTE Mobilnet) (Applicant) and the San Ramon Valley Fire Protection District (Owner) have requested approval of a Land Use Permit request to allow the establishment and operation of a wireless communication facility including three panel antennas to be mounted on the existing communication tower on the site and a ground mounted equipment cabinet; and WHEREAS, notice was mailed to surrounding property owners on June 2, 1997, stating the Town's administrative intent to approve the request; and WHEREAS, on June 4, 1997, the Town received an appeal of the intent to approve the request from Gene DeBolt, owner of 811 San Ramon Valley Blvd.; and WHEREAS, the subject site is located on the south side of San Ramon Valley Blvd., at 800 San Ramon Valley Blvd., and is further identified as Assessor's Parcel Number 207-012-006; and WHEREAS, the Town of Danville Wireless Communication Ordinance (Ord. No. 96-08) requires approval of a Land Use Permit prior to establishment of a Wireless Communication Facility; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on August 26, 1997; 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 deny the appeal and approve the Land Use Permit 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 1 OF RESOLUTION NO. 97-29 RESOLVED that the Planning Commission of the Town of Danville denies the appeal and approves the Land Use Permit request LUP 97-08 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 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. 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. CONDITIONS OF APPROVAL A. GENERAL , This approval is for a Land Use Permit (LUP 97-08) authorizing the establishment and operation of a wireless communication facility at 800 San Ramon Valley Blvd. Except as may be modified by the conditions contained herein, development shall be substantially as shown on the project drawings labeled "GTE Wireless - Highway 680/Sycamore Cell Site Preliminary Site Plans," as prepared by Robert L. DeWitt & Associates, Inc., consisting of three sheets, and dated received by the Planning Division on July 30, 1997. , 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. 4. If feasible, the applicant shall allow additional wireless communication companies PAGE 2 OF RESOLUTION NO. 97-29 10. to collocate antenna equipment and antennas at this site, subject to review and approval by the Town 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 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. 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. The antennas shall be painted a non-reflective 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 PAGE 3 OF RESOLUTION NO. 97-29 maintained in their approved condition. 11. The design, colors, and materials of the equipment storage building shall be compatible with the existing fire station, subject to review and approval by the Planning Division. APPROVED by the Danville Planning Commission at a Regular Meeting on August 26, 1997, by the following vote: AYES: NOES: ABSENT: ABSTAINED: Barry, Jameson, Magliano, Moran, Rapp, Bowlby Chairma ~ APPROVED AS TO FORM: City Attorney pdcz133 Chief of pl~ PAGE 4 OF RESOLUTION NO. 97-29