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HomeMy WebLinkAbout2009-35 RESOLUTION NO. 2009-35 APPROVING LAND USE PERMIT REQUEST DEV09-0057 ALLOWING THE INSTALLATION OF A WIRELESS COMMUNICATION FACILTYWITHIN DIABLO VISTA PARK INCLUDING SIX PANEL ANTENNAS TO BE COLLOCATED ON-A SPORT FIELD LIGHT POLE AND TWO GROUND MOUNTED EQUIPMENT CABINETS (APN: 206-010-027: T-MOBILE WEST CORPORATION) WHEREAS, T-Mobile West Corporation has requested approval of a Land Use Permit to allow the installation of a wireless communication transmission facility within Diablo Vista Park. The facility includes six panel antennas (56 + / - inches high and 13 + / - inches wide) to be collocated on the baseball field's center field light pole, and two equipment cabinets to be located on the ground behind the center field fence; and WHEREAS, the subject site is located at 1000 Tassajara Ranch Drive and is further identified as Assessor's Parcel Number 206-010-027; 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 prior to the establishment or operation of a wireless telecommunication facility; 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 Land Use Permit request DEV09-0057 per the conditions contained herein, and makes the following findings in support of this action: 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 communication users who live in the Town of Danville. 6. The land 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 existing facility is generally imperceptible from public view. CONDITIONS OF APPROV AL Unless otherwise specified, the following conditions shall be comp~ied with upon issuance of the Land Use Permit for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. 1. This approval is for Land Use Permit request DEV09-0057 allowing the installation of a wireless communication transmission facility within Diablo Vista Park, at 1000 Tassajara Ranch Drive. The facility includes six panel antennas (56 + / - inches high and 13 + / - inches wide) to be collocated on the baseball field's center field light pole, and two equipment cabinets to be located on the ground behind the center field fence. Except as may be modified by the conditions contained herein, development shall be as shown on the plans labeled "Diablo Vista Park," as prepared by Streamline Engineering, consisting of seven sheets. PAGE 2 OF RESOLUTION NO. 2009-35 2. The applicant shall payor be subject to any and all Town and other related fees 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. 3. The applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $509.21 ($105.00 plus 487 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 othe r change will require Planning Commission approval through a separate Land Use Permit application. 5. The antennas shall be painted to match the subject light pole and the equipment cabinets shall be painted "Danville Green," subject to review and approval by the Planning Division. The visual appearance of the antennas shall be maintained in their approved condition. 6. 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. 7. This Land Use Permit shall be valid for a time period of ten years and expires on September 22, 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 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. 2009-35 8. 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. 9. 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. 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 Z1~~/ Chair APPROVED AS TO FORM: ~01~ City Attorney ) PAGE 4 OF RESOLUTION NO. 2009-35