HomeMy WebLinkAbout2014-01RESOLUTION NO.2014-01
APPROVING LAND USE PERMIT REQUEST DEV13-0093 AND
DEVELOPMENT PLAN REQUEST DEV14-0002 ALLOWING MODIFICATIONS
TO AN EXISTING AT&T WIRELESS COMMUNICATION FACILITY LOCATED
IN A TOWN -IDENTIFIED MAJOR RIDGELINE AREA
(APN: 207-071-008)
WHEREAS, AT&T WIRELESS (Applicant) and GARY & JUDITH NAUMAN
(Owner) have requested approval of a Land Use Permit and Development Plan
application to allow the modification of an existing wireless communication facility
on a 7.35+/- acre site located within a Town -identified Major Ridgeline area; 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 P-1; Planned Unit Development District in which the subject
property is located and the Town's Wireless Communication Facilities Ordinances
require approval of a Land Use Permit application prior to the establishment,
improvement or operation of a wireless communication facility within a residential
area; and
WHEREAS, the Town's Major Ridgeline and Scenic Hillside Development
Ordinance requires approval of a Development Plan application prior to allowing
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); and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on January 28, 2014; 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 DEV13-0093 and Development Plan request DEV14-0002 per the
conditions contained herein, and makes the following findings in support of this
action:
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 Town encourages and regulates the collocation of
wireless communication facilities throughout the Town of Danville under the
Wireless Communication Ordinance, and the proposed project is in
compliance with this ordinance.
2. The land use will not adversely affect the orderly development of property
within the Town because the existing land use is located away from the
property lines adjacent to neighboring residential developments.
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 2030
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 does 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 barely visible from public view.
PAGE 2 OF RESOLUTION NO. 2014-01
Development Plan
1. The proposed modification will not conflict with the intent and purposes of
Ordinance 32-69 ("Scenic Hillside and Major Ridgeline Development"), in that
development will not adversely impact predominate views of a Town -
identified Major Ridgeline area.
2. The proposed project is consistent with the Danville 2030 General Plan.
3. The proposed development is in conformance with the zoning district in
which the property is located.
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 a Land Use Permit request (LUP13-93) and
Development Plan request (DEV14-0002) allowing modifications to an
existing wireless facility on a 7.35 +/ - acre site located within a Town -
identified Major Ridgeline area. Except as may be modified by the
conditions contained herein, development shall be substantially as
shown on the project drawings prepared by Bechtel Communications,
Inc., consisting of seven sheets, and dated received by the Planning
Division on November 7, 2013.
* 2. The applicant shall pay or be subject to any and all Town and other
related fees that the property may be subject to. 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
and prior to any Town Council final approval action.
3. Prior to the issuance of a building permit, the applicant shall reimburse
the Town for notifying surrounding neighboring property owners of
the public hearing. The fee shall be $149.88 ($120 plus 36 notices X $0.83
per notice).
PAGE 3 OF RESOLUTION NO. 2014-01
* 4. 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.
* 5. 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.
6. This Land Use Permit shall be valid for a time period of ten years and
expires on January 28, 2024. 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 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.
* 7. All equipment associated with a 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 a site a minimum of 30 days prior to the vacation.
8. The antennas, dishes, and equipment building shall continue to be a
non -reflective color to blend with the surrounding vegetation. The
visual appearance of the antennas shall be maintained in their
originally approved condition, and be maintained in a state of good
repair.
9. 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
PAGE 4 OF RESOLUTION NO. 2014-01
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 January
28, 2014 by the following vote:
AYES: Bowles, Combs, Haberl, Overcashier, Radich
NOES:
ABSTAIN: -
ABSENT: Heusler
RECUSED: Graham
Chairman
APPROVED AS TO FORM:
City Attorney Chief of Planning
PAGE 5 OF RESOLUTION NO. 2014-01