HomeMy WebLinkAbout2011-19RESOLUTION NO. 2011-19
APPROVING DEVELOPMENT PLAN AND LAND USE PERMIT REQUEST
DEV11 -0051 ALLOWING THE CONTINUED OPERATION AND MODIFICATION
OF AN EXISTING SPRINT PCS WIRELESS TELECOMMUNICATION FACILITY
WITHIN A TOWN- IDENTIFIED SCENIC HILLSIDE AREA (APN: 215 - 080 -023)
WHEREAS, NETWORK DEVELOPMENT for SPRINT PCS (Applicant) and DIABLO
RANCH DEVELOPMENT COMPANY (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 7.15 + /- acre parcel
located within a Town - identified Scenic Hillside area, replacing three antennas and two
equipment cabinets; and
WHEREAS, the subject site is located at 3500 Blackhawk Road and is further identified as
Assessor's Parcel Number 215 - 080 -023; 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 Scenic Hillside 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 Planning Commission did review the project at a noticed public hearing on
July 26, 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 -0051 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, including the requirements for structure height and colors/ materials.
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.
4. The applicant intends to obtain permits for construction within 18 months from the
effective date of plan approval.
5. The proposed development will constitute a residential environment of sustained
desirability and stability, and will be in harmony with the character of the
surrounding neighborhood and community.
6. The proposed development is needed at the proposed location to provide adequate
facilities of the type, and traffic congestion will not likely be created by the proposed
project as the modifications will not intensify the use of the property.
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.
PAGE 2 OF RESOLUTION NO. 2011 -19
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. The existing facility is generally
imperceptible from public view.
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-
0051, allowing for the continued operation and modification of an existing
unmanned wireless telecommunication facility located within a Town -
identified Scenic Hillside area, replacing three antennas and two equipment
cabinets. Except as may be modified by conditions contained herein,
development shall be substantially maintained as shown on the project
drawings prepared by TRK Engineering, labeled "Sprint - Blackhawk Mesa,"
dated received by the Planning Division on June 30, 2011.
* 2. The applicant shall obtain a building permit from the Towns 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 $171.42 ($110.00
plus 74 notices X $0.83 per notice).
PAGE 3 OF RESOLUTION NO. 2011 -19
* 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.
* 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 July 26, 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.
PAGE 4 OF RESOLUTION NO. 2011 -19
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.
APPROVED by the Danville Planning Commission at a regular meeting on July 26, 2011 by
the following vote:
AYES: Bock - Wilmes, Combs, Graham, Nichols, Overcashier, Radich
NOES: -
ABSTAIN: -
ABSENT: Attwood, Morgan
A'
APPROVED AS TO FORM:
City Attorney Chie of Pl nning
PAGE 5 OF RESOLUTION NO. 2011 -19