HomeMy WebLinkAbout2011-24RESOLUTION NO. 2011-24
APPROVING LAND USE PERMIT REQUEST DEV11 -0064 ALLOWING THE
CONTINUED OPERATION AND MINOR MODIFICATION OF A T- MOBILE
WIRELESS COMMUNICATION FACILITY LOCATED IN THE RIGHT -OF -WAY
EAST OF 1570 LAWRENCE ROAD
WHEREAS, APPLIED WIRELESS CONSULTING (Applicant for T- Mobile) and
NORTHERN CALIFORNIA JOIN POLE ASSOCIATION (Owner) have requested approval
of a Land Use Permit to allow for the continued operation and minor modification of a T-
Mobile wireless communication facility located in the right -of -way east of 1570 Lawrence
Road; and
WHEREAS, the subject site is located entirely on a utility pole in the right -of -way east of
1570 Lawrence Road and does not have a parcel number; and
WHEREAS, the Town of Danville Wireless Communication Facilities Ordinance requires
Land Use Permit approval for all wireless communication facilities; and
WHEREAS, Land Use Permit request LUP 03 -12 was approved under Planning
Commission Resolution No. 2003 -21 on September 23, 2003, allowing the installation of a
wireless communications facility on an existing utility pole in the right -of -way on
Lawrence Road; and
WHEREAS, Land Use Permit LUP 03 -12 expired in September 23, 2008; 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 -0064 per the conditions contained
herein, and makes the following findings in support of this action:
Findings of Approval
1. The wireless communication facility will not be detrimental to the health, safety,
and general welfare of the Town, as it is collocated on an existing utility pole and
painted to match the utility pole.
2. The wireless communication facility will not adversely affect the orderly
development of property within the Town, as the subject property is in a right -of-
way with above - ground utility structures.
3. The wireless communication facility will not adversely affect the preservation of
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 collocated on an existing utility pole and
painted to match the utility pole.
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 Land Use Permit request DEV11 -0064, allowing for the
continued operation and minor modification of a T- Mobile wireless
communication facility located in the right -of -way east of 1570 Lawrence
Road. Modification is for the installation of an 18 -inch by 18 -inch utility box
for fiber optics and additional equipment on the same utility pole as the
existing facility. Except as may be modified by conditions contained herein,
PAGE 2 OF RESOLUTION NO. 2011 -24
development shall be substantially maintained as shown on the project
drawings prepared by MTz Telecom, LP, labeled "1570 Lawrence Road,"
dated received by the Planning Division on August 17, 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 $135.73 ($110.00
plus 31 notices X $0.83 per notice).
* 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
application.
* 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
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 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
PAGE 3 OF RESOLUTION NO. 2011 -24
of approval if the permittee has caused or permitted any public nuisance in
connection with the use.
10. Antennas and all equipment shall be painted a non - reflective brown color to
blend with the existing pole. The visual appearance of the antennas and all
equipment shall be maintained in their approved condition.
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
Bock - Willmes, Graham
APPROVED AS TO FORM:
City Attorney Chief o Planning
PAGE 4 OF RESOLUTION NO. 2011 -24