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RESOLUTION NO. 2010-13
APPROVING LAND USE PERMIT REQUEST DEV10-0030 ALLOWING THE
CONTINUED OPERATION OF AN EXISTING WIRELESS
TELECOMMUNICATION FACILITY LOCATED ON A UTILITY POLE
IN THE PUBLIC RIGHT-OF-WAY ALONG SYCAMORE VALLEY ROAD
(APN: N/ A - Public right-of-way)
WHEREAS, APPLIED WIRELESS for T-MOBILE (Applicant) and PACIFIC GAS &
ELECTRIC COMPANY (Owner) have requested approval of a Land Use Permit to
allow for the continued operation of a wireless telecommunication facility; and
WHEREAS, the project site is located on a utility pole on the north side of Sycamore
Valley Road near Tunbridge Road; and
WHEREAS, the Town of Danville Wireless Communication Facilities Ordinance
requires 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 April 27, 2010; and
WHEREAS, 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 DEV10-0030 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.
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 land use will not adversely affect the policy and goals as set by the Danville
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 will not encourage marginal development within the neighborhood
because the Wireless Communication Facilities 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 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 Land Use Permit request DEV10-0030, allowing the
continued operation of an existing unmanned wireless telecommunication
facility. Except as may be modified by conditions contained herein, development
shall be substantially maintained as shown on the project drawings submitted by
Applied Wireless labeled NT-Mobile - Sycamore Valley East,N consisting of two
sheets and dated April 19, 2010.
2. The applicant shall payor be subject to pay 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.
3. The applicant shall reimburse the Town for notifying surrounding property
owners of the public hearing. The fee shall be $424.57 ($110.00 plus 379 notices X
$0.83 per notice).
PAGE 2 OF RESOLUTION NO. 2010-13
4. 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.
5. The applicant shall allow additional wireless telecommunication 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.
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 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 ten years and expires on
April 27, 2020. Time extensions may be approved by the Chief of Planning upon
the receipt of a letter requesting the extension by the applicant a minimum of 30
days prior to the expiration of the permit (i.e., prior to March 27, 2020). 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. The panel antennas and equipment cabinets shall be painted to match the utility
pole and shall be maintained in good condition.
10. The applicant is not authorized to trim any trees or remove any landscaping as
part of this project. Town of Danville Planning Division approval shall be
required prior to the trimming or removal of any plant material at the project
location.
PAGE 3 OF RESOLUTION NO. 2010-13
11. Maintenance vehicles associated with any future maintenance of the sites shall
park on Tunbridge Road. Maintenance vehicles are not permitted to park on
Sycamore Valley Road and/ or in the bike lane to service these facilities.
12. All equipment associated with the wireless telecommunication 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. 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 Planning Commission at a regular meeting on April 27,
2010 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Antoun, Combs, Graham, Morgan, Nichols, Radich
APPROVED AS TO FORM:
(Ild/;J-e~
City Attorney )
PAGE 4 OF RESOLUTION NO. 2010-13