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Home My WebLink About2011-22RESOLUTION NO. 2011-22 APPROVING DEVELOPMENT PLAN AND LAND USE PERMIT REQUEST DEV11 -0055 ALLOWING THE CONTINUED OPERATION OF AN AT &T WIRELESS COMMUNICATION FACILITY LOCATED IN A TOWN- IDENTIFIED SCENIC HILLSIDE AREA (APN: 215 - 080 -023) WHEREAS, AT &T MOBILITY (Applicant) and DIABLO RANCH DEV CO (Owner) have requested approval of a Development Plan and Land Use Permit to allow for the continued operation an AT &T wireless communication facility on a 7.15 + /- acre parcel located within a Town - identified Scenic Hillside area; 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 Wireless Communication Facilities Ordinance requires Land Use Permit approval for all wireless communication facilities; 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, Land Use Permit request LUP 04 -22 was approved under Planning Commission Resolution No. 2005 -04 on January 25, 2005, allowing the continued operation of an existing wireless communication facility located within a Town - identified Scenic Hillside area; and WHEREAS, Land Use Permit LUP 04 -22 expired in January 25, 2010; and WHEREAS, Land Use Permit request LUP 91 -29 and Development Plan DP 91 -38 were approved at the subject location under Planning Commission Resolution No. 91 -51 on November 26,1991 for the construction of a Cellular One communications facility located within a Town - identified Scenic Hillside area; and WHEREAS, this project has been found to be Categorically Exempt pursuant to Class 1, Section 15301 (Existing Facilities) of the Guidelines for the California Environmental Quality Act of 1970, as amended. WHEREAS, the Planning 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 conditionally 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 -0055 per the conditions contained herein, and makes the following findings in support of this action: Findings of Approval - Scenic Hillside Development Plan 1. The proposed siting and architecture of the wireless communications facility will not conflict with the intent and purposes of Ordinance 29 -84 ( "Scenic Hillside and Major Ridgeline Development ") in that the facility is not within 100 vertical feet of a Town - identified Major Ridgeline and the site's hillside topography along with adjacent, mature oak trees substantially screen the facility from surrounding properties and public view. 2. The wireless communications facility is in conformance with the goals and policies of the General Plan in that it is substantially screened from public view. 3. The wireless communications facility is in conformance with the zoning district in which the property is located, as wireless communication facilities may be allowed in all zoning districts, subject to approval of a land use permit and compliance with the development standards established within Ordinance 96 -08 (Wireless Communication Facilities). Findings of Approval - Land Use Permit 1. The wireless communication facility will not be detrimental to the health, safety, and general welfare of the Town, as the wireless communications facility was approved by the Planning Commission 20 years ago and its location and architecture will not conflict with the Hillside Development Standards established within Ordinance 29 -84 (Scenic Hillside and Major Ridgeline Development). 2. The wireless communication facility will not adversely affect the orderly development of property within the Town, as the subject property is in a designated open space area and the wireless communications facility is substantially screened from public view. 3. The wireless communication facility will not adversely affect the preservation of PAGE 2 OF RESOLUTION NO. 2011 -22 property values and the protection of the tax base within the Town, as it improves the service area for users who live in the Town of Danville. 4. The wireless communication facility will not adversely affect the policy and goals as set by the General Plan, as it was designed to be sensitive to visual impacts. 5. The wireless communication facility will not create a nuisance and/or enforcement problem within the neighborhood or community because the existence of the facility does not generate significant levels of traffic or noise. 6. The wireless communication facility will not encourage marginal development within the neighborhood because it is not within 100 vertical feet of a Town - identified Major Ridgeline and the site's hillside topography along with adjacent, mature oak trees substantially screen the facility from surrounding properties and 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- 0055, allowing for the continued operation of an existing wireless communication facility located within a Town - identified Scenic Hillside area. Except as may be modified by conditions contained herein, development shall be substantially maintained as shown on the project drawings prepared by Osborne & Associates, labeled "Slackhawk II," dated received by the Planning Division on July 18, 2011. 2. 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. 3. The applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $178.06 ($110.00 plus 82 notices X $0.83 per notice). PAGE 3 OF RESOLUTION NO. 2011 -22 4. 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 and Development Plan application. 5. 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. 6. 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 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. 7. 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 and Development Plan 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 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. 9. At any time during the effectiveness of this approval, the approval shall be revocable for cause in accordance with sections 30 -4.11 through 30 -4.15 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 -22 APPROVED by the Danville Planning Commission at a regular meeting on September 13, 2011 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Combs, Morgan, Nichols, Overcashier, Radich Sock - Willmes, Graham APPROVED AS TO FORM: City Attorney Chief of�Planning PAGE 5 OF RESOLUTION NO. 2011 -22