HomeMy WebLinkAbout2011-18RESOLUTION NO. 2011-18
APPROVING DEVELOPMENT PLAN AND LAND USE PERMIT REQUEST
DEV11 -0050 ALLOWING THE CONTINUED OPERATION AND MODIFICATION
OF AN EXISTING AT &T WIRELESS TELECOMMUNICATION FACILITY
LOCATED WITHIN A TOWN- IDENTIFIED MAJOR RIDGELINE AREA
(APN: 207- 071 -008)
WHEREAS, THE LYLE COMPANY for AT &T (Applicant) and GARY & JUDITH
NAUMAN (Owner) have requested approval of a Development Plan and Land Use Permit
to allow for the continued operation and modification of an existing wireless
telecommunication facility on a 7.35 + /- acre parcel located within a Town - identified Major
Ridgeline area, replacing three antennas and nine antenna mounts and installing additional
base station equipment; and
WHEREAS, the subject site is located at 2498 Tassajara Lane and is further identified as
Assessor's Parcel Number 207- 071 -008; and
WHEREAS, the Town of Danville P -1; Planned Unit Development District 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 Town of Danville Scenic Hillside and Major Ridgeline Development
Ordinance requires approval of a Development Plan prior to development within a Town -
identified Major Ridgeline area; 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 Plaru Commission did review the project at a noticed public hearing on
September 13, 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
Development Plan and Land Use Permit request DEV11 -0050 per the conditions contained
herein, and makes the following findings in support of this action:
Findings of Approval - Development Plan/Major Ridgeline
1. The proposed project is consistent with the Danville 2010 General Plan, which
requires that project design be sensitive to visual impacts where hillside
development occurs. The proposal meets the design and development standards
listed within the Town's Scenic Hillside and Major Ridgeline Development
Ordinance.
2. The proposed siting of the new antennas and equipment will not conflict with the
intent and purposes of Ordinance 29 -84 ( "Scenic Hillside and Major Ridgeline
Development "), in that development will not adversely impact predominate views
of a Town - identified Scenic Hillside or Major Ridgeline area.
3. The proposed development is in conformance with the zoning district in which the
property is located.
Findings of Approval - Land Use Permit
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 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 facility is generally
imperceptible from public view.
PAGE 2 OF RESOLUTION NO. 2011 -18
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk ( "') in the left -hand column are standard project
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 Development Plan and Land Use Permit request DEV11-
0050, allowing for the continued operation and modification of an existing
unmanned wireless telecommunication facility located within a Town -
identified Major Ridgeline. area, replacing three of the nine existing antennas,
replacing all nine antenna mounts to increase the height of the antennas and
installing additional base station equipment. Except as may be modified by
conditions contained herein, development shall be substantially maintained
as shown on the project drawings prepared by PDC Corporation, labeled
"AT &T - CNU0037 /CNU4326," dated received by the Planning Division on
June 28, 2011.
2. The applicant shall obtain a. building permit from the Town's Building
Division prior to installation of the new equipment.
3. The applicant shall pay or 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.
4. The applicant shall reimburse the Town for notifying surrounding
neighboring residents of the public hearing. The fee shall be $134.90 ($110.00
plus 30 notices X $0.83 per notice).
5. The project shall be maintained as approved. Minor modifications to 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.
6. Existing vegetation surrounding the antennas shall be maintained in a
healthy growing manner and shall be maintained at a height at least equal to
the height of the antennas.
PAGE 3 OF RESOLUTION NO. 2011 -18
* 7. 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.
8. This Land Use Permit shall be valid for a time period of ten years and expires
on September 13, 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.
* 9. 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 the site a minimum of 30
days prior to the vacation.
10. All new equipment shall be painted a non - reflective color to blend with the
surrounding environment and existing equipment. The visual appearance of
all equipment shall be maintained in their approved condition.
* 11. 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 4 OF RESOLUTION NO. 2011 -18
APPROVED by the Danville Planning Commission at a regular meeting on September 13,
2011 by the following vote:
AYES: Combs, Morgan, Nichols, Overcashier, Radich
NOES: -
ABSTAIN: Bock- Willmes, Graham
ABSENT: - //�' 9 ,
Chair
APPROVED AS TO FORM:
City Attorney
PAGE 5 OF RESOLUTION NO. 2011 -18