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RESOLUTION NO. 2007-08
APPROVING LAND USE PERMIT REQUEST LUP 2007-12 ALLOWING THE
CONTINUED OPERATION OF A WIRELESS COMMUNICATION FACILITY
LOCATED AT 156 DIABLO ROAD
(APN: 200-211-028 SPRINT)
WHEREAS, NSA Wireless/Sprint (Applicant) has requested approval of Land Use
Permit LUP 2007-12 to allow the continued operation of a wireless communication
facility on a .62 acre site; and
WHEREAS, the subject site is located at 156 Diablo Road, and is further identified as
Assessor's parcel Number 200-211-028; and
WHEREAS, the Town of Danville Downtown Business Dish-ict Ordinance 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 Planning Conunission did review the project at a noticed public
hearing on June 26, 2007; and
WHEREAS, the project has been found to be Categorically Exempt from the
requirements of the California Enviromnental Quality Act (CEQA); 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 q.id 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 2007-12 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.
2. The existing land use has not affected and will not adversely affect the orderly
development of property within the Town.
3. The existing land use has not affected and will not adversely affect the
preservation of property values and the protection of the fax base within the
Town.
4. Tre existing land use has not affected and will not adversely affect the policies
and goals as set by 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 has been in operation for over seven 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. The facility has remained screened from view.
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 request LUP 2007-12 authorizing the
continued operation of an existing wireless communication facility originally
established through Land Use Permit LUP 99-04. Except as may be modified by
conditions contained herein, development shall be substantially as shown on the
project drawings prepared by NSA Wireless, consisting of 6 sheets, and dated
received by the Planning Division on March 8, 2007.
2. The applicant shall payor be subject to any and all applicable Town and other
related fees. These fees shall be based on the current fee schedule in effect at the
time that relevant permits are secured, and shall be paid prior to issuance of said
permit.
PAGE 2 OF RESOLUTION NO. 2007-08
3. The applicant shall reimburse the Town for notifying surrounding neighboring
residents of the June 26, 2007 public hearing. The fee shall be $123.67 (149 notices
X $0.83 per notice).
4. The project shall be operated 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 applicant.
5. The applicant shall allow additional wireless communication companies to
collocate antenna equipment and antennas at this tie, 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 Plam1ing Division under a separate Land Use 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 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.
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 preconstruction 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
PAGE 3 OF RESOLUTION NO. 2007-08
a notice of intent to vacate a site a minimum of 30 days prior to the vacation.
10. All equipment shall be completely screened from the view of surrounding
properties or otherwise not be generally perceptible.
11. The applicant and building owner shall conduct the necessary maintenance on
the roof so that the fiberglass panels match both the roof tiles and other existing
panels installed by various carriers.
APPROVED by the Danville Planning 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
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Chair
APPROVED AS TO FORM:
Olt<{? ~)
City Attorney
PAGE 4 OF RESOLUTION NO. 2007-08