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HomeMy WebLinkAbout99-20 EXHIBIT A RESOLUTION NO. 99-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT REQUEST LUP 99-05 AND DEVELOPMENT PLAN REQUEST DP 99-07 ALLOWING THE ESTABLISHMENT AND USE OF A PERSONAL COMMUNICATION SYSTEM (PCS) FACILITY WITHIN A TOWN-IDENTIFIED MAJOR RIDGELINE AREA (APN: 202-050-075 - 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 154.71 +/~ acre site located within a Town-identified Major Ridgeline area; and WHEREAS, the subject site is located on Diablo Road (no address at this time) and is further identified as Assessor's Parcel Number 202-050-075; and WHEREAS, the Town ofDanville A-4; Agricultural Preserve Zoning Designation 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 Major Ridgeline area; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the Califomia 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 99-05 and Development Plan request DP 99-07 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 unmanned 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 Developmenf'), 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. 99-20 3. The proposed development is in conformance with the zoning district in which the property is located. 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. This approval is for a Land Use Permit request LUP 99-05 and Development Plan request DP 99-07 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 prepared by Delta Groups Engineering, Inc., consisting of seven sheet, and dated received by the Planning Division on June 17, 1999. 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 issuance of a building permit, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $131.25 (175 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. The wood fenced area around the equipment shall be stained medium to dark brown. A 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. Landscaping shall be added along the east and south elevation of the equipment area to provide screening. A landscape plan shall be submitted to the Planning Division for review and approval prior to the issuance of building permits. 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 PAGE 3 OF RESOLUTION NO. 99~20 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. I0. 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. 11. 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. 12. 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. 13. 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. 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. PAGE 4 OF RESOLUTION NO. 99-20 15. 16. The antennas 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. 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 Chairman APPROVED AS TO FORM: City Attorney Chie;~~ f:\plaxming\applicationXLUP~LUP99-05XPCStallReportLUP99-05 .doc PAGE 5 OF RESOLUTION NO. 99-18