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HomeMy WebLinkAbout2011-09RESOLUTION NO. 2011-09 APPROVING LAND USE PERMIT REQUEST DEV11 -0025 ALLOWING FOR THE CONTINUED OPERATION OF AN EXISTING WIRELESS TELECOMMUNICATION FACILITY LOCATED AT 156 DIABLO ROAD (APN: 200 - 211 -028) WHEREAS, NEXTEL OF CALIFORNIA dba NEXTEL COMMUNICATIONS (Applicant) and 156 DIABLO ROAD LLC. (Owner) have requested approval of a Land Use Permit to allow for the continued operation of a wireless telecommunication facility; and WHEREAS, the subject site is located at 156 Diablo Road and is further identified as Assessor's Parcel Number 200 - 211 -028; 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 in the Downtown Business District; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) Class 1, Section 15301; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on May 24, 2011; 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 DEV11 -0025 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 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 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 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. 1. This approval is for Land Use Permit request DEV11 -0025, allowing for 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 prepared by ATI Architects and Engineers labeled "Sycamore," in the project file maintained by the Town of Danville labeled "DEV11 -0025 -156 Diablo Road ". 2. The applicant shall pay or 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 $223.71 ($110.00 plus 137 notices X $0.83 per notice). PAGE 2 OF RESOLUTION NO. 2011-09 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. This Land Use Permit shall be valid for a time period of ten years and expires on May 24, 2021. 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. 8. 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. 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. PAGE 3 OF RESOLUTION NO. 2011-09 APPROVED by the Danville Planning Commission at a regular meeting on May 24, 2011 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Sock- Willmes, Combs, Morgan, N Overcashier, Radich Attwood, Graham Chair APPROVED AS TO FORM: A4� �� City Attorney PAGE 4 OF RESOLUTION NO. 2011-09