HomeMy WebLinkAbout99-18 EXHIBIT A
RESOLUTION NO. 99-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
DANVILLE APPROVING LAND USE PERMIT REQUEST LUP 99-15 AND
DEVELOPMENT PLAN REQUEST DP 99-08 ALLOWING THE ESTABLISHMENT
AND USE OF A PERSONAL COMMUNICATION SYSTEM (PCS) FACILITY
WITHIN A TOWN-IDENTIFIED SCENIC HILLSIDE AREA
(APN: 215-080-023 - SPRINT PCS)
WHEREAS, Christopher Reynolds, applicant for Sprint PCS, 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 7.15 +/- acre site located within a Town-identified Scenic Hillside
area; and
WHEREAS, the subject site is located at 3500 Blackhawk Road and is further identified as
Assessor' s Parcel Number 215 -080-023; 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 Scenic Hillside and Major Ridgeline Development Ordinance
requires approval of a Development Plan application prior to development within a Town-
identified Scenic Hillside area; and
WHEREAS, the project has been found to be Categorically Exempt from the requirements of
the California Environmental Quality Act (CEQA); and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on July
13, 1999; 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 of the Land Use
Permit request LUP 99-15 and Development Plan request DP 99-08 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 health, safety, and general welfare
of the Town because the Town encourages and regulates the collocation of wireless
communication facilities throughout the Town of Danville under the Wireless
Communication Ordinance, and the proposed project is in compliance with this
ordinance.
The land use will not adversely affect the orderly development of property within the
Town because the proposed land use is located on an undeveloped parcel away from the
property lines adjacent to neighboring residential developments.
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 policy and goals as set by the General Plan
because the Zoning Ordinance was designed to be consistent with the overall policy and
framework of the General Plan.
The land use will not create a nuisance and/or enforcement problem within the
neighborhood or community because the facility would be untoarmed and the installation
of this facility would not generate a significant level of noise and would allow a greater
service area for wireless communication users who live in the Town of Danville.
The land use will not encourage marginal development within the neighborhood because
the Wireless Communication Ordinance was designed to preserve the unique visual
character of the Town, and has set forth design standards to regulate the type of facility
which could be installed.
Development Plan Findings:
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.
PAGE 2 OF RESOLUTION NO. 99-18
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
Division unless otherwise specified.
A. GENERAL
This approval is for a Land Use permit request LUP 99-15 and Development Plan request
DP 99-08 authorizing the establishment and operation of a wireless communication
facility within a Town-identified Scenic Hillside area. Except as may be modified by
conditions contained herein, development shall be substantially as shown on the project
drawings prepared by Tetra Tech, consisting of three sheet, and dated received by the
Planning Division on April 23, 1998.
The applicant shall pay or be subject to any and all Town and other related fees that the
properly 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 plant six native oak trees along the north and west sides of the
equipment area to screen the area from the direct view of the two affected properly
owners. The trees shall be hand-watered and maintained in a healthy growing condition
until established (3 +/- years). A planting plan to scale indicating the proposed placement
of the required trees shall be submitted to the Planning Division for review and approval
prior to the issuance of a building permit.
Prior to the issuance of a building permit, the applicant shall reimburse the Town for
notifying surrounding neighboring residents of the public hearing. The fee shall be
$52.50 (70 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.
6. The wood fenced area around the equipment shall be stained medium to dark brown. A
PAGE 3 OF RESOLUTION NO. 99-18
10.
11.
12.
13.
sample of the stain to be used shall be submitted to the Town of Danville Planning Division
for review and approval prior to issuance of a building permit.
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 approved. 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 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.
At any time during the effectiveness of this approval, the approval shall be revocable 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 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.
PAGE 4 OF RESOLUTION NO. 99-18
14.
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 pre-
construction 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.
15.
The antennas, associated fencing, and equipment cabinets 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 final color samples to the Planning Division for review and
approval. The visual appearance of the antennas shall be maintained in their approved
condition.
16.
All graded areas, or areas substantially disturbed during construction, shall be re-seeded
with native species within 6 weeks of grading activities (trenching) to minimize slope
failure and erosion potential. Geotextile binding fabrics shall be used if necessary to hold
slope soils until vegetation is established.
APPROVED by the Danville Planning Commission at a Regular Meeting on July 13, 1999 by
the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Combs, Graham, Jameson, Osborn, Rapp
Moran, Hunt
Chairman
APPROVED AS TO FORM:
City Attorney ~
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PAGE 5 OF RESOLUTION NO. 99-18