HomeMy WebLinkAbout2009-34
RESOLUTION NO. 2009-34
APPROVING DEVELOPMENT PLAN AND LAND USE PERMIT REQUEST
DEV09-0065 ALLOWING THE INST ALLA TION AND OPERATION OF A
CLEARWIRE WIRELESS DATA FACILITY AT 246 EL PINTO ROAD
(APN: 197-100-042)
WHEREAS, Clearwire has requested approval of a Development Plan and Land Use
Permit to allow for the installation and operation of a wireless data facility in a Town-
identified Major Ridgeline area; and
WHEREAS, the subject site is located at 246 El 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 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 Town of Danville Scenic Hillside and Major Ridgeline Development
Ordinance requires approval of a Development Plan prior to development within a
Town-identified Major Ridgeline area; and
WHEREAS, the project has been found to be Categorically Exempt from the
requirements of the California Environmental Quality Act (CEQA), Class 3, Section
15303; and
WHEREAS, the Planning Commission did reVIew the project at a noticed public
hearing on October 13, 2009; 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
Development Plan and Land Use Permit request DEV09-0065 per the conditions
contained herein, and makes the following findings in support of this action:
Development Plan Findings
1. The proposed project will not adversely affect the policy and goals as set forth by
the 2010 General Plan.
2. The applicant intends to obtain permits for construction within 18 months from
the effective date of plan approval.
3. The proposed development will constitute a residential environment of
sustained desirability and stability, and will be in harmony with the character of
the surrounding neighborhood and community.
Land Use Permit Findings
1. The land use will not be detrimental to the health, safety, and general welfare of
the Town because the proposed project is in compliance with the Wireless
Communication Facilities ordinance.
2. The land use will not adversely affect the orderly development of property
within the Town.
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 proposed 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 data users who live in the Town of Danville.
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.
PAGE 2 OF RESOLUTION NO. 2009-34
CONDITIONS OF APPROV AL
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.
1. This approval is for Development Plan and Land Use Permit request DEV09-0065
allowing the installation and operation of an unmanned wireless data facility.
Except as may be modified by conditions contained herein, development shall be
substantially maintained as shown on the project drawings prepared by KDC
Architects & Engineers, labeled 1/ Clearwire Wireless Broadband - Boon Hill -
CA-SF00118A," dated received by the Planning Division on August 26,2009.
2. The applicant shall obtain a building permit from the Town of Danville Building
Division prior to installation of the new equipment.
3. The applicant shall payor be subject to any and all Town and other related fees
that the property may be subject to pertaining to the use associated with this
Land Use Permit. 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.
4. The applicant shall reimburse the Town for notifying surrounding neighboring
residents of the public hearing. The fee shall be $128.24 ($105.00 plus 28 notices
X $0.83 per notice).
5. 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;
6. The applicant shall allow additional wireless communication companies to
collocate 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.
PAGE 3 OF RESOLUTION NO. 2009-34
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.
I
8. This Land Use Permit shall be valid for a time period of ten years and expires on
October 13, 2019. Time extensions 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 Use Permit 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. Existing vegetation surrounding the antennas and equipment shall be
maintained in a healthy growing manner and at a height at least equal to the
height of the antennas.
10. All equipment associated with the 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.
11. Prior to the issuance of a building permit, the applicant shall submit final color
samples for the antennas and equipment to the Planning Division for review and
approval. The visual appearance of the antennas shall be maintained in their
approved condition.
12. 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 4 OF RESOLUTION NO. 2009-34
APPROVED by the Danville Planning Commission at a regular meeting on October 13,
2009 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Antoun, Attwood, Combs, Nichols, Overcashier, Radich
Morgan
ZI~;/d
Chair
APPROVED AS TO FORM:
V2kn. ~,
City Attorney )
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Chi of Plan ing
PAGE 5 OF RESOLUTION NO. 2009-34