HomeMy WebLinkAbout98-27 EXHIBIT A
RESOLUTION NO. 98-27
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
DANVILLE APPROVING LAND USE PERMIT REQUEST LUP 98-07 AND
DEVELOPMENT PLAN REQUEST DP 98-28 ALLOWING THE ESTABLISHMENT
AND USE OF A WIRELESS COMMUNICATION FACILITY WITHIN A TOWN-
IDENTIFIED MAJOR RIDGELINE AREA
(APN: 207-071-006 -- PAGEMART WIRELESS)
WHEREAS, PageMart Wireless has requested approval of a Land Use Permit and Development
Plan request to allow the establishment and operation of a wireless communication facility on a
7.18+/- acre site located within a Town-identified Major Ridgeline area; and
WHEREAS, the subject site is located at 2498 Tassajara Lane and is further identified as
Assessor's Parcel Number 207-071-006; and
WHEREAS, the Town of Danville P-l; Planned Unit Development District Ordinance and
Wireless Communication Facilities Ordinance require approval of a Land Use Permit prior to the
establishment or operation of a wireless communication facility; and
WHEREAS, the Town of Danville Major Ridgeline and Scenic Hillside Development Ordinance
requires approval of a Development Plan application prior to development within a Town-
identified Major Ridgeline area; and
WHEREAS, the proposed project has been found to be Categorically Exempt from the
requirements of the Califomia Environmental Quality Act.; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on May
12, 1998; 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
PAGE 1 OF RESOLUTION NO. 98-27
RESOLVED that the Planning Commission of the Town of Danville approves of the Land Use
Permit LUP 98-07 and Development Plan DP 98-28 requests per the conditions contained herein,
and makes the following findings in support of this action:
Land Use Permit:
1. The proposed land use will not be detrimental to the health, safety, or general welfare of
the Town.
2. The land use will not adversely affect the orderly development of property within the
Town.
3. The lm~d 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 policies 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.
Development Plan Findings:
1. The proposed siting and design of the facility will not conflict with the intent and
purposes of Ordinance 29-84 ("scenic Hillside and Major Ridgeline Development"), in
that development will be achieved with minimal grading and will not adversely impact
predominate views of a Town-identified Major Ridgeline area.
2. The proposed project is consistent with the Danville 2005 General Plan.
3. The proposed development is in conformance with the zoning district in which the
property is located.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk C*") in the left-hand column are standard project
conditions of approval.
Unless otherwise specified, the following conditions shall be complied with prior to the issuance
of a building permit for the project. Each item is subject to review and approval by the Planning
PAGE 2 OF RESOLUTION NO. 98-27
Division unless otherwise specified.
A. GENERAL
This approval is for a Land Use permit (LUP 98-07) and Development Plan (DP
98-28) authorizing the establishment and operation of a wireless communication
facility within a Town-identified Major Ridgeline area. Except as may be
modified by conditions contained herein, development shall be substantially as
shown on the project drawings entitled "Nauman Property," consisting of 1 sheet,
and dated received by the Planning Division on March 24, 1998.
The applicant shall pay or be subject to 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.
Prior to the issumme of a building permit, the applicant shall reimburse the Town
for notifying surrounding neighboring residents of the public hearing. The fee
shall be $19.50 (26 notices X $0.75 per notice).
The applicant shall submit to the Town of Danville fees required to file a Notice
of Determination for this project as required by AB 3185. The fee shall be $25.00.
Prior to issuance of a building permit, the applicant shall submit a written report
on compliance with the conditions of approval of this project for the review and
approval of the Planning Division. This report shall list each condition of
approval followed by a description of what the applicant has provided as evidence
of compliance with that condition. The report must be signed by the applicant.
The report may be rejected by the Town if it is not comprehensive with respect to
the applicable conditions of approval.
The project shall be constructed as approve& Minor modifications in the design,
but not the use, may be approved by Staff. Any other change will require Planning
Commission approval through a separate Land Use Permit application.
The applicant shall obtain a building permit from the Town's Building Division
prior to installation of the equipment and antennas.
The applicant shall allow additional wireless communication companies to
collocate antenna equipment and antennas at this site, subject to review and
PAGE 3 OF RESOLUTION NO. 98-27
approval by the Planning Commission under a separate Land Use Permit and/or
Development Plan 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.
10.
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.
11.
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 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.
12.
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.
13.
The antennas, associated fencing, and equipment building shall be painted a non-
reflective color to blend with the surrounding vegetation. 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.
All graded areas, or areas substantially disturbed during construction, shall be
reseeded with native species within 6 weeks of grading activities (trenching) to
PAGE 4 OF RESOLUTION NO. 98-27
15
minimize slope failure and erosion potential. Geotextile binding fabrics shall be
used if necessary to hold slope soils until vegetation is established.
Additional lm~dscaping, including trees and shrubs, shall be planted around the
equipment building to help screen the building from view. The landscaping shall
be protected from the cattle on the property with protective fencing as found
necessary. A landscaping plan shall be submitted for review and approval by the
Planning Division prior to the issuance of a building permit.
APPROVED by the Danville Planning Commission at a Regular Meeting on May 12, 1998
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Combs, Jameson, Magliano, Moran, Osborn, Rapp
Hunt
APPROVED AS TO FORM:
City Attorney
pbgz2
Chief of P
PAGE 5 OF RESOLUTION NO. 98-27