HomeMy WebLinkAbout2014-13RESOLUTION NO. 2014-13
APPROVING LAND USE PERMIT REQUEST DEV14-0045 AND DEVELOPMENT
PLAN REQUEST DEV14-0055 ALLOWING THE MODIFICATION OF AN EXISTING
WIRELESS COMMUNICATION FACILITY LOCATED IN A TOWN -IDENTIFIED
MAJOR RIDGELINE AREA
(APN: 202-050-078 - Verizon Wireless)
WHEREAS, VERIZON WIRELESS (Applicant) and TEARDROP PARTNERS (Owner)
have requested approval of a Land Use Permit and Development Plan application to
allow the modification of an existing wireless communication facility located on a 157.6
+/- acre site located within a Town -identified Major Ridgeline Area; and
WHEREAS, the subject site is located at 1970 Diablo Road and is further identified as
Assessor's Parcel Number 202-050-078; and
WHEREAS, the Town of Danville Wireless Communication Ordinance requires
approval of a Land Use Permit application prior to the establishment, improvement or
operation of a wireless communication facility within the Agricultural General Plan land
use designation; and
WHEREAS, the Towns 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 July 8, 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 DEV14-0045 and Development Plan request DEV14-0055 per the
conditions contained herein, and makes the following findings in support of this action:
FINDINGS OF APPROVAL:
Land Use Permit
1. The proposed 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 on an undeveloped parcel 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.
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.
PAGE 2 OF RESOLUTION NO. 2014-13
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 (DEV14-0045) and Development
Plan (DEV14-0055) request allowing the modifications to an existing
wireless facility on a 157.6 +/- acre site located in 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 Streamline Engineering and Design, Inc., consisting
of seven sheets, and dated received by the Planning Division on May 22,
2014.
* 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 residents of the public
hearing. The fee shall be $238.69 ($120.00 plus 143 notices X $0.83 per
notice).
* 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.
PAGE 3 OF RESOLUTION NO.2014-13
6. This Land Use Permit shall be valid for a time period of ten years and
expires on July 8, 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 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
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 July 8, 2014
by the following vote:
AYES: Bowles, Combs, Graham, Habrel, Heusler, Radich, Verriere
NOES: -
ABSTAIN:
ABSENT: Overcashier�/
RECUSED: -
Chairman
APPROVED AS TO FORM: ,.
City Attorney
Chief of I
PAGE 4 OF RESOLUTION NO. 2014-13