HomeMy WebLinkAbout2011-10RESOLUTION NO. 2011-10
APPROVING LAND USE PERMIT REQUEST DEV11 -0026 ALLOWING THE
MODIFICATION OF AN AT &T WIRELESS COMMUNICATION FACILITY
LOCATED AT 156 DIABLO ROAD
(APN: 200 - 211 =028 -156 DIABLO LLC)
WHEREAS, AT &T WIRELESS (Applicant) and 156 DIABLO ROAD LLC (Owner) have
requested approval of Land Use Permit DEV11 -0026 to allow the modification of an
existing wireless communication facility located on a 0.62 +/- acre site; 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 modification of a wireless
communication facility in the downtown area; and
WHEREAS, the project has been found to be Categorically Exempt from the
requirements of the California Environmental Quality Act (CEQA); 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 of the
Land Use Permit request DEV11 -0026 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
communication 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 the rooftop of an existing
building with other wireless communication sites.
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 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 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 requests DEV 2011 -0026 allowing the
modification and continued operation of an existing unmanned AT &T wireless
communication facility located at 156 Diablo Road. Except as may be modified
by conditions contained herein, development shall be substantially maintained
as shown on the project drawings submitted by Forza Terecom, Inc., prepared by
Borges Architectural Group, consisting of seven sheets, dated March 15, 2011.
2. The applicant shall pay or 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.
PAGE 2 OF RESOLUTION NO. 2011-10
3. The applicant shall reimburse the Town for notifying surrounding property
owners of the public hearing. The fee shall be $241.14 ($110.00 plus 158 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 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
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
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.
PAGE 3 OF RESOLUTION NO. 2011-10
10. Any roof modifications that occur as a result of this approval must be consistent
with the existing roof materials and colors currently in place.
APPROVED by the Danville Planning Commission at a regular meeting on May 24,
2011 by the following vote:
AYES: Bock - Willmes, Combs, Morgan, Nichol Overcashier, Radich
NOES: -
ABSTAIN: -
ABSENT: Attwood, Graham A 1
Chair
City Attorney Chief o P�ng
PAGE 4 OF RESOLUTION NO. 2011-10