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HomeMy WebLinkAbout97-35a EXHIBIT A RESOLUTION NO. 97-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT REQUEST LUP 97~21 ALLOWING THE ESTABLISHMENT AND OPERATION OF A WIRELESS COMMUNICATION FACILITY FOR PAGENET (APN: 208-060-053) WHEREAS, Pagenet (Applicant) Montair Associates (Owner) have requested approval of a Land Use Permit request (LUP 97-21) to the allow the establishment and operation of a wireless communication facility on a 3.89 +/- acre site; and WHEREAS, the subject site is located on the roof of an exiting commercial building at 107 Town and Country Drive and is identified as Assessor's Parcel Number 208-060-053; 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 October 28, 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 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 Land Use Permit request LUP 97-21 per the conditions contained herein, and makes the following findings in support of this action: PAGE 1 OF RESOLUTION NO. 97-35 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. 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 97-21) authorizing the establishment and operation of a wireless communication facility at 107 Town & Country Drive. Except as may be modified by the conditions contained herein, development shall be substantially as shown on the project drawings labeled "PAGENET VOICE NOW," as prepared by Rousseau Perkocha Architects, consisting of three sheets, and dated received by the Planning Division on August 15, 1997. Development shall also be consistent with the visual simulations labeled "VoiceNow," on file with the Planning Division. 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 PAGE 2 OF RESOLUTION NO. 97-35 10. 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 existing PageNet antenna on the roof of the building at this location shall be removed. All antennas shall be located below the height of the parapet wall, and shall not be visible from the exterior of the mechanical well. The new parapet shall be constructed of wood or simulated wood, and painted to mach the roof of ,..-.., -- PAGE 3 OF RESOLUTION NO. 97-35 ,.,, the building, subject to review and approval by the Planning Division prior to installation. APPROVED by the Danville Planning Commission at a Regular Meeting on October 28, 1997 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Barry, Combs, Jameson, Osborn, Bowlby Hunt APPROVED AS TO FORM: City Attorney pdcz 136 Chief of/'~Pl~ PAGE 4 OF RESOLUTION NO. 9%35