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RESOLUTION NO. 2007-07
APPROVING LAND USE PERMIT REQUEST LUP 2007-10 ALLOWING THE
CONTINUED OPERATION OF A WIRELESS COMMUNICATION FACILITY
WITHIN A TOWN-IDENTIFIED MAJOR RIDGELINE AREA
(APN: 207-071-008 -- NEXTEL)
WHEREAS, NSA Wireless/Sprint (Applicant) has requested approval of a Land Use
Permit to allow the continued operation of a wireless communication facility on a 5 + / -
acre site located within a Town-identified Major Ridgeline area; and
WHEREAS, the subject site is located at 2498 Tassajara Lane and is further identified as
Assessor's Parcel Number 207-071-008; and
WHEREAS, the Town of Danville P-1; Planned Unit Development District Ordinance
and Wireless Communication Facilities Ordinance require approval of a Land Use
Permit continue 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 Planning 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 request LUP 2007-10 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 tlu'oughout 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 proposed land use is
located on large parcel 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.
4. 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 nine 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 including visual screening.
CONDITIONS OF APPROV AL
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 request LUP 2007-10 authorizing the
continued operation of a wireless communication facility within a Town-
identified Major Ridgeline area, with no changes proposed to the original Land
Use Permit LUP 98-26. Except as may be modified by the conditions contained
herein, development shall be substantially as shown on the project drawings
prepared by NSA Wireless, consisting of five sheets, and dated received by the
Planning Division on March 8,2007.
PAGE 2 OF RESOLUTION NO. 2007-07
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.
3. The applicant shall reimburse the Town for notifying surrounding neighboring
residents of the public hearing. The fee shall be $19.92 (24 notices X $0.83 per
notice) .
4. The project shall remain as approved in the original Land Use Permit LUP 98-26.
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 and applicable building permits.
5. The applicant shall allow additional wireless communication companies to
collocate antenna equipment and antem1as 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 consh"uction 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 approvat the approval shall be
revocable for cause in accordance with sections 26-2.2022 and 418.1 of the
Danville Municipal Code, induding failure to comply with these conditions of
approval if the permittee has caused or permitted any public nuisance in
com1ection with the use.
8. This Land Use Permit shall be valid for a time period of five years and shall
expire on June 26, 2012. 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 3 OF RESOLUTION NO. 2007-07
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 Plam1ing Commission at a Regular Meeting on June 26,
2007 by the following vote:
AYES:
NOES:
ABST AIN:
ABSENT:
Antoun, Combs, Condie, Morgan, Nichols, Osborn, Welch
Storer
~
Chair
APPROVED AS TO FORM:
t1 ~+-
City Attorney
PAGE 4 OF RESOLUTION NO. 2007-07