HomeMy WebLinkAbout2001-03RESOLUTION NO. 2001-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
DANVILLE APPROVING LAND USE PERMIT REQUEST LUP 2000-39 AND
DEVELOPMENT PLAN REQUEST DP 2000-39 ALLOWING THE REMOVAL OF
THREE OMNI WHIP ANTENNAS AND INSTALLATION OF SEVEN PANEL
ANTENNAS RELATED TO AN EXISTING NEXTEL WIRELESS
COMMUNICATION FACILITY LOCATED IN A TOWN-IDENTIFIED
SCENIC HILLSIDE AREA
(APN: 197-100-042 - NEXTEL COMMUNICATIONS)
WHEREAS, Nextel Communications (Applicant) and Harrigan Family Trust (Owner) have
requested approval of a Land Use Permit and Development Plan request to allow the removal
of three omni whip antennas and installation of seven panel antennas related to an existing
wireless communication facility on a 2.90 +/- acre site located within a Town-identified
Scenic Hillside area; and
WHEREAS, the subject site is located at 246 E1 Pinto Road and is further identified as
Assessor's Parcel Number 197-100-042; and
WHEREAS, the Town of Danville R-100; Single Family Residential District Ordinance and
Wireless Communication Facilities Ordinance require 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 Town of Danville Scenic Hillside/Major Ridgeline Ordinance require
approval of a Development Plan prior to the establishment, improvement or operation of a
wireless communication facility; 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 23, 2001; 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 LUP 2000-39 and Development Plan request DP 2000-39 per the conditions
contained herein, and makes the following findings in support of this action:
Land Use Permit Findings:
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.
The land use will not adversely affect the orderly development of property within the
Town because the proposed land use is located on an undeveloped parcel away from
the property lines adjacent to neighboring residential developments.
The land use will not adversely affect the preservation of property values and the
protection of the tax base within the Town.
The land use will not adversely affect the policy and goals as set by the 2010 General
Plan because the Zoning Ordinance was designed to be consistent with the overall
policy and framework of the General Plan.
The land use will not create a nuisance and/or enforcement problem within the
neighborhood or community because the facility would be unmanned and the
installation of this facility would not generate a significant level of noise and would
allow a greater service area for wireless communication users who live in the Town of
Danville.
The land use will 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 Findings:
The proposed sighting and design of the facility will not conflict with the intent and
purposes of Ordinance 32-69 ("Scenic Hillside and Major Ridgeline Development''),
in that development will be achieved with minimal grading and will not adversely
impact predominate views of a Town-identified Maj or Ridgeline area.
2. The proposed project is consistent with the Danville 2010 General Plan.
PAGE 2 OF RESOLUTION NO. 2001-03
~', 3~ The proposed development is in conformance with the zoning district in which the
property is located.
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.
A. GENERAL
This approval is for a Land Use permit LUP 2000-39 and Development Plan DP
2000-39 request authorizing the removal of three omni whip antennas and installation
of seven panel antennas related to an existing wireless communication facility. Except
as may be modified by the conditions contained herein, development shall be
substantially as shown on the project drawings prepared by MSA Associates,
consisting of three sheets, and dated received by the Planning Division on December
13, 2000.
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.
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
$13.50 (18 notices X $0.75 per notice).
Prior to issuance of a building permit, the applicant shall submit a written report in
compliance with the conditions of approval of this project for the review and approval
of the Planning Division. This report shall list each condition of approval followed
by a description of what the applicant has provided as evidence of compliance with
that condition. The report must be signed by the applicant. The report may be
rejected by the Town if it is not comprehensive with respect to the applicable
conditions of approval.
The project shall be constructed 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.
The applicant shall obtain a building permit from the Town's Building Division prior
to installation of the equipment and antennas.
PAGE 3 OF RESOLUTION NO. 2001-03
10.
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.
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.
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.
This Land Use Permit shall be valid for a time period of five years. Additional time
extensions, with a maximum period of five years per extension, 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.
11.
12.
13.
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.
The antennas shall be painted a non-reflective color to blend with the surrounding
vegetation. Prior to the issuance of a building permit, the applicant shall submit final
color samples to the Planning Division for review and approval. The visual
appearance of the antennas shall be maintained in their approved condition.
The applicant shall install landscaping (shrubs or trees) to screen the antennas from
view. The applicant shall submit a planting plan to the Planning Division for review
and approval prior to the issuance ora building permit.
PAGE 4 OF RESOLUTION NO. 2001-03
APPROVED by the Danville Planning Commission at a Regular Meeting on January 23,
2001 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Combs, Graham, Jamison, Legg, Moran, Osborn, Storer
APPROVED AS TO FORM:
City Attorney
Chlef~p~ning
PAGE 5 OF RESOLUTION NO. 2001-03