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HomeMy WebLinkAbout2010-19 RESOLUTION NO. 2010-19 APPROVING LAND USE PERMIT REQUEST DEV10-0050 ALLOWING THE CONSTRUCTION AND OPERATION OF A METRO PCS WIRELESS TELECOMMUNICATION FACILITY AT THE SOUTHEAST CORNER OF McCAULEY ROAD AND DIABLO ROAD (APN: 202-050-079) WHEREAS, Metro PCS has requested approval of a Land Use Permit to allow for the construction and operation of a wireless telecommunication facility on a 17.2 + / - acre site; and WHEREAS, the subject site is located at the southeast corner of McCauley Road and Diablo Road and is further identified as Assessor's Parcel Number 202-050-079; and WHEREAS, the Town of Danville A-2; General Agricultural District zoning designation 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 July 27, 2010; 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 DEV10-0050 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 Town encourages and regulates the collocation of wireless telecommunication facilities throughout the Town of Danville under the Wireless Communication Ordinance, and the proposed project is in compliance with this ordinance. 2. The land use will not adversely affect the orderly development of property within the Town because the land use is located on a portion of a large parcel that is 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 proposed 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 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. 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 DEV10-0050 allowing the construction and operation of an unmanned wireless telecommunication facility. Except as may be modified by conditions contained herein, development shall be substantially as shown on the project drawings prepared by Benjamini Associates Inc., labeled "Metro PCS - Green Valley - SF08151C," and dated June 7, 2010. 2. 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. 3. The applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $222.05 (135 notices X $0.83 per notice plus $110.00). PAGE 2 OF RESOLUTION NO. 2010-19 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 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. 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 July 27, 2020. 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. 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 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. 10. The antennas, associated fencing, and equipment cabinets shall be painted a non- reflective camouflage color to blend with the surrounding vegetation. The color of each shall be neutral matte finished paints. Prior to the issuance of a building permit, the applicant shall submit final color samples to the Planning Division for review and approval. The visual appearance of the antennas shall be maintained in their approved condition. PAGE 3 OF RESOLUTION NO. 2010-19 11. The wood on the generator enclosure walls shall be weathered or worn to match the agricultural surroundings. The applicant shall install landscaping to screen the enclosure from view. Additionally, the applicant shall submit a landscape plan (including a watering plan) to the Planning Division for review and approval prior to the issuance of a building permit. The watering plan shall include manual watering by Metro PCS until the Planning Division determines the plants to be established (because the plants are native species, it is expected maturity will be reached in approximately one year). A total of nine plants shall be layered, alternating between three Rhamnus Californica (Coffee Berry) in the foreground and six Myrica Californica (Pacific Wax Myrtle) in the background. 12. No construction equipment shall be stored, staged or parked within the driplines of any Oak tree. Prior to the issuance of a building permit, the applicant shall stake and fence all Oak trees, at their drip lines, within 25 feet of proposed development and all ground disturbances. 13. All drainage diversion measures, especially at the equipment cabinet area, shall be designed to avoid ponding at Oak tree trunk areas and to avoid heavy erosion of soils around existing Oak trees. APPROVED by the Danville Planning Commission at a regular meeting on July 27, 2010 by the following vote: AYES: Antoun, Attwood, Combs, Morgan, Nichols, Overcashier NOES: ABSTAIN: - ABSENT: Graham, Radich APPROVED AS TO FORM: J2Aq--$ ~7 City Attorney PAGE 4 OF RESOLUTION NO. 2010-19