HomeMy WebLinkAbout2012-12RESOLUTION NO. 2012-12
APPROVING LAND USE PERMIT REQUEST DEV12-0053 ALLOWING THE
CONTINUED OPERATION OF A WIRELESS COMMUNICATION FACILITY
LOCATED AT 156 DIABLO ROAD
(APN: 200-211-028)
WHEREAS, NSA Wireless/Sprint (Applicant) has requested approval of Land Use
Permit DEV12-0053 to allow the continued operation of a wireless communication
facility on a .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 Downtown Business District Ordinance and Wireless
Communication Facilities Ordinance require approval of a Land Use Permit prior to the
establishment or operation of a wireless communication facility; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on December 11, 2012; and
WHEREAS, the project has been found to be Categorically Exempt from the
requirements of the California Environmental Quality Act (CEQA); 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 Land
Use Permit request DEV12-0053 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 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 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 request DEV12-0053, allowing for the
continued operation of an unmanned wireless telecommunication facility with
modifications as shown on the project drawings dated received by the Town on
November 12, 2012.
2. Except as may be modified by conditions contained herein, development shall be
substantially as shown on the project drawings prepared by MT2 Telecom. L.P.
labeled as "FS1XC003A, NW Danville, 156 Diablo Rd," in the project file
maintained by the Town of Danville labeled "DEV12-0053 -156 Diablo Road."
3. The project consists of the replacement of six panel antennas with three new
panel antennas, replacement of three cabinets with two new cabinets, and the
addition of six Remote Radio Units (RRUs). The antennas will be located in a
new cylinder structure identical to the two existing cylinders on site.
PAGE 2 OF RESOLUTION NO.2012-12
4. The applicant shall pay or be subject to pay 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.
5. The applicant shall reimburse the Town for notifying surrounding property
owners of the public hearing. The fee shall be $223.71 ($110.00 plus 137 notices X
$0.83 per notice).
6. 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.
7. The applicant shall allow additional wireless telecommunication companies to
collocate 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. 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.
9. This Land Use Permit shall be valid for a time period of ten years and expires on
December 11, 2022. 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.
10. All equipment associated with the wireless telecommunication 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.2012-12
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 December
11, 2012 by the following vote:
AYES: Attwood, Combs, Graham, Heusler, Overcashier, Radich
NOES: -
ABSTAIN: -
ABSENT: -
Cha'
APPROVED AS TO FORM:
3
City Attorney Chief oLan&'ping
PAGE 4 OF RESOLUTION NO.2012-12