HomeMy WebLinkAbout2014-02RESOLUTION NO.2014-02
APPROVING LAND USE PERMIT REQUEST (DEV13-0087) AND
DEVELOPMENT PLAN REQUEST (DEV14-0001)
ALLOWING MODIFICATIONS TO AN EXISTING SIRIUS XM RADIO WIRELESS
COMMUNICATION FACILITY LOCATED IN A TOWN -IDENTIFIED MAJOR
RIDGELINE AREA
(APN:197-100-042)
WHEREAS, MARK AND JUANITA HARRIGAN (Owner) and SIRIUS XM RADIO
(Applicant) have requested approval of a Land Use Permit request (DEV13-0087) and
Development Plan request (DEV14-0001) to allow the modification of an existing
wireless communication facility located on a 2.90+/- acre site located within a Town -
identified Major Ridgeline area; and
WHEREAS, the subject property is located at 246 El Pinto Road and is further identified
as APN:197-100-042; and
WHEREAS, the Towri s Wireless Communication Facilities Ordinance requires
approval of a Land Use Permit prior to the establishment, improvement, or operation of
a wireless communication facility within a residential area; and
WHEREAS, the Towri 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), Section 15301, Class
1; 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 Danville Planning Commission approves Land Use Permit request
DEV13-0093 and Development Plan request DEV14-0001 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.2014-02
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 (DEV13-0093 and
Development Plan request (DEV14-0001) 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.2014-02
* 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 equipment shall continue to be a non -reflective color to blend with the
surrounding vegetation. The visual appearance of the equipment 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
conditions of approval if the permittee has caused or permitted any public
nuisance in connection with the use.
PAGE 4 OF RESOLUTION NO. 2014-02
APPROVED by the Danville Planning Commission at a regular meeting on January 28,
2014 by the following vote:
AYES: Bowles, Combs, Haberl, Overcashier, Radich, Verriere
NOES: -
ABSTAIN: -
ABSENT: Heusler ri Al
hairman
APPROVED AS TO FORM:
City Attorney Chief of Plarm n
PAGE 5 OF RESOLUTION NO.2014-02