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HomeMy WebLinkAbout2007-06 RESOLUTION NO. 2007-06 APPROVING LAND USE PERMIT REQUESTS LUP 2007-02 AND LUP 2007-03 ALLOWING THE CONTINUED OPERATION OF A WIRELESS COMMUNICATION FACILITY WITHIN A TOWN-IDENTIFIED MAJOR RIDGELINE AREA AT 1970 DIABLO ROAD (APN: 202-050-078 - SPRINT TOGETHER WITH NEXTEL) WHEREAS, NSA Wireless/Sprint together with Nextel (Applicant) has requested approval of a Land Use Permit request to allow the 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 1970 Diablo Road and is further identified as Assessor's Parcel Number 202-050-078; and WHEREAS, the Town of Danville 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 project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA); and WHEREAS, the Plam1ing Commission did review the project at a noticed public hearing on June 26, 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 of the Land Use Permit requests LUP 2007-02 and LUP 2007-03 per the conditions contained herein, and makes the following findings in support of this action: 1. The existing land use has not been and 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 existing land use has not affected and will not adversely affect the orderly development of property within the Town because the land use is located on a portion of large parcel that is away from the property lines adjacent to neighboring residential developments. 3. The existing land use has not affected and will not adversely affect the preservation of property values and the protection of the tax base within the Town. 4. The existing land use has not affected and 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. 5. The existing land use has not created and will not create a nuisance and/ or enforcement problem within the neighborhood or community because the facility because the facility has been in operation for approximately eight years. During these years, this facility has not generated a significant level of noise or other nuisance, and has provided a greater service area for wireless communication users who live and work in the Town of Danville. 6. The existing land use has not encouraged and 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 Each item is subject to review and approval by the Planning Division unless otherwise specified. 1. This approval is for Land Use Permit requests LUP 2007-02 and LUP 2007-03, allowing the continued operation wireless communication facilities within a Town- identified Major Ridgeline area with no changes proposed from the original Land Use Permits LUP 99-05 and LUP 98-05. Except as may be modified by conditions contained herein, development shall be substantially maintained as shown on the project drawings submitted by NSA Wireless, labeled "West Blackhawk FS16XCOlO" and "Diablo CA0151," and dated received by the Planning Division on February 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. PAGE 2 OF RESOLUTION NO. 2007-06 3. The applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $120.35 (145 notices X $0.83 per notice) . 4. The project shall be maintained 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. 5. 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. 6. 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. 7. 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. 8. This Land Use Permit shall be valid for a time period of five years and expires on June 26, 2012. Additional time extensions, with a maximum period of five years per extension, may be approved by the Chief of Plam1ing, 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 Plam1ing, the extension request may be referred to the Planning Commission for consideration and action. 9. 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 June 26, 2007 PAGE 3 OF RESOLUTION NO. 2007-06 by the following vote: AYES: Antoun, Combs, Condie, Morgan, Nichols, Osborn, Welch NOES: ABSTAIN: - ABSENT: Storer ~A~ _ :. Chair APPROVED AS TO FORM: (}2~i?~ City Attorney N PAGE 4 OF RESOLUTION NO. 2007-06