HomeMy WebLinkAbout2007-21RESOLUTION NO. 2007-21
APPROVING LAND USE PERMIT REQUEST DEV07-0059 AND
DEVELOPMENT PLAN REQUEST DEV07-0060 ALLOWING THE
INSTALLATION AND OPERATION OF A WIRELESS COMMUNICATION
FACILITY LOCATED IN A TOWN-DENTIFIED SCENIC HILLSIDE AREA
(APN: 215-080-023 -METRO PCS)
WHEREAS, METRO PCS (Applicant) and DIABLO RANCH DEVELOPMENT
(Owner) have requested approval of a Land Use Permit and Development Plan
applications to allow the installation and operation of a wireless communication
facility located on a 7.15 +/-acre site in aTown-identified Scenic Hillside area; and
WHEREAS, the subject site is located at 3500 Blackhawk Road and is further
identified as Assessor's Parcel Number 215-080-023; and
WHEREAS, the Town of Danville P-1; Planned Unit Development District and
Wireless Communication Facilities Ordinances require approval of a Land Use
Permit prior to the establishment, improvement or operation of a wireless
communication facility within a residential area; and
WHEREAS, the project is Categorically Exempt from the requirements of the
California Environmental Quality Act (CEQA), Section 15303 (New
Construction/Conversion of Small Structures); and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on November 27, 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 DEV07-0059 and Development Plan request DEV07-0060 per the
conditions contained herein, and makes the following findings in support of this
action:
Land Use Permit Findings:
1: The proposed 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 incompliance 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 facility is unmanned and the
existence of this facility does not generate a significant level of noise and
allows a greater service area for wireless communication users who live in the
Town of Danville.
6. The land use does 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
existing facility is generally imperceptible from public view.
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.
PAGE 2 OF RESOLUTION N0.2007-21
A. GENERAL
1. This approval is for Land Use Permit request DEV07-0059 and Development
Plan request DEV07-0060 allowing the installation of a wireless
communications facility which includes the installation of three antennas on
an 11' pole, with the antennas served by a single radio cabinet and back up
battery cabinet in a 10' x 15' fenced equipment area on a 7.15 +/- acre parcel
located in aTown-identified Scenic Hillside area. Except as may be modified
by the conditions contained herein, development shall be substantially as
shown on the project drawings prepared by Metro PCS, consisting of six
sheets, and dated received by the Planning Division on October 10, 2007.
2. The applicant shall pay or 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.
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 $64.74 (78 notices X $0.83 per notice).
4. 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.
5. 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.
6. 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.
PAGE 3 OF RESOLUTION NO.2007-21
7. 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
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.
8. 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.
9. The antennas, associated fencing, and equipment building shall be a non-
reflective color to blend with the surrounding vegetation. The visual
appearance of the antennas shall be maintained in their originally approved
condition, and be maintained in a state of good repair.
APPROVED by the Danville Planning Commission at a regular meeting on
November 27, 2007 by the following vote:
AYES: Antoun, Condie, Mor€
NOES:
ABSTAIN: Combs, Osborn
ABSENT:
Chair
APPROVED AS TO FORM:
~~ ~ ~°
City Attorney Chief of Pl nnin
PAGE 4 OF RESOLUTION N0.2007-21