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HomeMy WebLinkAbout2001-18RESOLUTION NO. 2001-18 APPROVING LAND USE PERMIT REQUEST LUP 2000-40 ALLOWING THE ESTABLISHMENT AND USE OF A WIRELESS COMMUNICATION FACILITY TO BE LOCATED WITHIN THE CALTRANS RIGHT-OF- WAY NEAR GREENBROOK DRIVE (AT&T WIRELESS) WHEREAS, CALTRANS (Owner) and AT&T WIRELESS (Applicant) have request approval of a Land Use Permit request (LUP 2000-40) to allow the establishment of a wireless communication facility; and WHEREAS, the facility would be located on CALTRANS property adjacent to the freeway and would include a 50-£oot high pole to replace an existing 40-foot high camera pole, three 8' tall panel antennas which would be flush mounted near the top of the pole, and an equipment cabinet would be located on the ground nearby; and WHEREAS, the Town of Danville Wireless Communication Ordinance requires approval of a Land Use Permit prior to the operation of a wireless communication facility; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on May 8, 2001; 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 LUP 2000-40 per the conditions contained herein, and makes the following findings in support of this action: The proposed land use will not be detrimental to the to the health, safety, and general welfare of the Town. The land use will not adversely affect the orderly development of property within the Town. 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. The land use will not create a nuisance and\or enforcement problem within the neighborhood or community. 6. The land use will not encourage marginal development within the neighborhood. CONDITIONS OF APPROVAL This approval is for a Land Use permit request LUP 2000-40 authorizing the establishment and operation ora wireless communication facility within the CALTRANS fight-of-way on the east side ofi-680 on the north side of the Greenbrook overcrossing. Except as may be modified by the conditions contained herein, development shall be substantially as shown on the project drawings prepared by J.E. Schuricht & Associates, dated received by the Planning Division on May 3, 2001. 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 $193.50 (258 notices X $0.75 per notice). The applicant shall submit to the Town of Danville fees required to file a Notice of Determination for this project as required by AB 3185. The fee shall be $25.00. 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 PAGE 2 OF RESOLUTION NO. 2001-18 10. 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~ 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 ofcosts~ 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. 11. 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 maybe referred to the Planning Commission for consideration and action. 12. 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. PAGE 3 OF RESOLUTION NO. 2001-18 APPROVED by the Danville Planning Commission at a regular meeting on May 8, 2001 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Condie, Graham, Jamison, Legg, Moran, Osborn, Storer Combs APPROVED AS TO FORM: PAGE 4 OF RESOLUTION NO. 2001-18