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RESOLUTION NO. 2007-05
A RESOLUTION OF THE PLANNING COMMISSION
OF THE TOWN OF DANVILLE APPROVING
LAND USE PERMIT REQUEST LUP 2007-08 TO ALLOW THE CONTINUED
OPERA TION OF A WIRELESS COMMUNICATION FACILITY
LOCATED AT 246 EL PINTO ROAD
(APN: 197-100-042 - SPRINT/NEXTEL)
WHEREAS, SPRINT /NEXTEL (Applicant) and MARK AND JUANITA HARRIGAN
(Owner) have requested approval of a Land Use Permit; and
WHEREAS, the subject site is located at 246 EI Pinto Road and is further identified as
Assessor's Parcel Number 197-100-042; and
WHEREAS, the Town of Danville R-100; Single Family Residential District
Ordinance and Wireless Communication Facilities Ordinance require approval of a
Land Use Permit prior to the establishment, improvement or operation of a wir~less
communication facility within a residential 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 April 24, 2007; 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 Land
Use Permit request LUP 2007-08 per the conditions contained herein, and makes the
following findings in support of this action:
. Land Use Permit Findings:
1. The existing 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.
2. The land use will not adversely affect the orderly development of property
within the Town because the existing land use is located on an undeveloped
parcel away from the property lines adjacent to neighboring residential
developments.
3. 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 2010
General Plan because the Zoning Ordinance was designed to be consistent
with the overall policy and framework of the General Plan.
5. The land use will not create a nuisance and/ or enforcement problem within
the neighborhood or community because the existing facility has created no
noise or nuisance within the past ten years and there is no evidence that
would indicate any future nuisance.
6. 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.
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
1. This approval is for a Land Use Permit (LUP 2007-08) with no proposed
modifications for an existing facility, consisting of 14 ground mounted panel
antennas located in areas southeast and southwest of the entry drive, and one
equipment cabinet located east of the entry drive and one equipment cabinet
to the north of the existing garage. Except as may be modified by the
conditions contained herein, the facility shall be substantially as shown on the
PAGE 2 OF RESOLUTION NO. 2007-05
project statement and drawings prepared by NSA Wireless, Inc., dated
received by the Planning Division on March 5 , 2007.
2. The applicant shall payor 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.
3. 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 $20.25 (27 notices X $0.75 per notice).
4. Staff may approve minor modifications in the design, but not the use. Any
other change will require Planning Commission approval through a separate
Land Use Permit application.
5. The applicant shall obtain a building permit from the Town's Building
Division prior to installation of the equipment and antennas.
6. 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.
7. 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.
8. 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.
9. 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
PAGE 3 OF RESOLUTION NO. 2007-05
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.
10. 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. .
APPROVED by the Danville Planning Commission at a regular meeting on April 24,
2007 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Antoun, Combs, Condie, Morgan, Nichols, Osborn, Storer
APPROVED AS TO FORM:
(jZLa- e C,
City Attorney I
PAGE 4 OF RESOLUTION NO. 2007-05
