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Home My WebLink About090-96RESOLUTION NO. 90-96 APPROVING AN APPEAL BY PACIFIC BELL MOBILE SERVICES AND ELIMINATING CONDITION OF APPROVAL #7 OF THE PLANNING COMMISSION APPROVAL OF LAND USE PERMIT REQUEST LUP 96-12 (APN: 215-090-027 -- SYCAMORE VALLEY PARK) WHEREAS, Pacific Bell Mobile Services has requested approval of a Land Use Permit request LUP 96-12 to allow the operation of a wireless communication facility within Sycamore Valley Park; and WHEREAS, the proposed facility would include several small panel antennas which would be collocated on a planned sport field light pole and an equipment cabinet; and WHEREAS, the subject site is identified as Sycamore Valley Park and is located on the north side of Camino Tassajara, being further identified as Assessor's Parcel Number 215-090-027; and WHEREAS, the Town of Danville P-l; Planned Unit Development District requires approval of a Land Use Permit prior to operation of a wireless communication facility within that district; and WHEREAS, the Planning Commission did review and approve the project at a noticed public hearing on May 28, 1996; and WHEREAS, Pacific Bell Mobile Services has appealed Condition of Approval #7 of the Planning Commission's May 28, 1996, approval; and WHEREAS, Condition of Approval #7 would serve to require the submittal of a cash deposit to the Town that guarantees the removal of equipment associated with the facility upon the discontinued use of the facility; and PAGE I OF RESOLUTION NO. 90-96 WHEREAS, the Danville Town Council did review the project and the appeal during a noticed public hearing on July 2, 1996; 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 Town Council approve the appeal; and WHERF~S, the Town Council did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; now, therefore, be it RESOLVED that the Danville Town Council approves the appeal and approves Land Use Permit LUP 96-12 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. . 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. . The land use is desirable due to the unique characteristics related to the timing of the project resulting in the ability to coordinate the installation of the pole with the installation of the planned sport field lighting project and the opportunity for both the lighting project and the wireless communication facility to jointly design, install, and use trenches and conduits. PAGE 2 OF RESOLUTION NO. 90-96 CONDITIONS OF APPROVAL Conditions of approval with an asterisk ("*") in the left-hand column are standard project conditions of approval. Unless otherwise specified, the following conditions shall be complied with prior to the establishment of the land use or 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 96-12) authorizing the establishment and operation of a telecommunications facility within Sycamore Valley Park. Except as may be modified by the conditions contained herein, development shall be substantially as shown on the project drawings labeled "Danville/Sycamore Valley", as prepared by SBA, Inc., consisting of three sheets and dated received by the Planning Division on May 2, 1996. . The location of the equipment cabinet shall be moved to be located on the east side of sports field number four. The applicant shall construct a new masonry block enclosure, similar to the masonry blocks used for the construction of the typical Sycamore Valley soundwall, to house the equipment cabinet. To accomodate this new location, the panel antennas shall be moved to be located on light pole to be installed along the first base side of the field. The exact location and design of the enclosure shall be subject to final review and approval by the Parks and Leisure Services Commission. Additional landscaping shall be installed around the enclosure as found appropriate by the Parks and Leisure Services Commission. . 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. 4. The applicant shall obtain a building permit from the Town's Building PAGE 3 OF RESOLUTION NO. 90-96 Division prior to installation of the equipment and antennas. 5. All antennas shall be painted to match the color of the pole. . The area directly surrounding the equipment shelter shall be landscaped with evergreen plants and shrubs which will effectively screen the equipment cabinet immediately. A landscape plan for this area shall be submitted for review and approval by the Planning Division prior to installation. . All equipment associated with the approved 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 provideifs 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. This requirement shall be included within the terms of the lease for the use of this site. . The applicant shall be responsible for taking all steps necessary to effectively limit, to the satisfaction of the Planning Division, any noise generated by the equipment cabinet. . The operator and owner 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 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 the continuous operation of the applicant's facilities. 10. 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 or modification of the use will require Planning Commission approval through a separate Land Use Permit application. PAGE 4 OF RESOLUTION NO. 90-96 11. 12. 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 and in case 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 three years. Time extensions, with a maximum period of three years per extension, may be approved by the Chief of Planning, upon the receipt of a letter requesting the extension by the applicant, based on the determination that the land use continues to be consistent with the findings for approval under which the project was initially approved. APPROVED by the Danville Town Council at a Regular Meeting held on Tuesday, July 2 1996, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Arnerich, Doyle Greenberg Shimansky, Waldo None MAYOR APPROVED AS TO FORM: CITY ATTORNEY adcz52 ATTEST: // CITY CLERK PAGE 5 OF RESOLUTION NO. 90-96