HomeMy WebLinkAbout2001-35RESOLUTION NO. 2001-35
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
DANVILLE APPROVING LAND USE PERMIT REQUEST LUP 2001-33
ALLOWING THE ESTABLISHMENT AND USE OF A WIRELESS
COMMUNICATION FACILITY LOCATED AT 156 DIABLO ROAD
(APN: 200-211-028- METRO PCS)
WHEREAS, Metro PCS has requested approval of Land Use Permit LUP 2001-33 to allow
the establishment and operation of a wireless communication facility on a .62 acre site; and
WHEREAS, the subject site is located at 156 Diablo Road, and is further identified as
Assessor's parcel Number 200-211-028; and
WHEREAS, the Town of Danville Downtown Business district Ordinance and Wireless
Communication Facilities Ordinance require approval of a Land Use Permit prior to the
establishment or operation of a wireless communication facility; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
November 13, 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 2001-33 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 health, safety, and general
welfare of the Town.
The land use will not adversely affect the orderly development of property within the
Town because the design is integrated into an existing building with no visual impact.
3. The land use will not adversely affect the preservation of property values and the
protection of the fax base within the Town.
The land use will not adversely affect the policies and goals as set by 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.
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.
This approval is for Land Use Permit request LUP 2001-33 authorizing the
establishment and operation of a Metro PCS 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 Tetra Tech Wireless,
consisting of Site Plan - C1, Enlarged Equipment Plan and Antenna Configuration Plan
- C2, and West Elevation - C3, and dated received by the Planning Division on
September 28, 2001.
The applicant shall pay or be subject tO any and all applicable Town and other related
fees. 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.
Prior to the issuance of a building permit, the applicant shall reimburse the Town for
notifying surrounding neighboring residents of the November 13, 2001 public hearing.
The fee shall be $79.50 (106 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.
PAGE 2 OF RESOLUTION NO. 2001-35
10.
11.
12.
Prior to the issuance of a building permit, the applicant shall submit a written report on
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 applicant must sign the report. The Town may reject the report 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 applicant.
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 tie, 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 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.
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 preconstruction 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
PAGE 3 OF RESOLUTION NO. 2001-35
service provider shall provide the Town with a notice of intent to vacate a site a
minimum of 30 days prior to the vacation.
13.
The fiberglass roof panels shall match the texture and colors of the existing roof,
subject to review and approval by the Planning Division. The applicant shall install an
on-site mock-up of the replacement tiles for review and approval by the Planning
Division prior to the issuance of a building permit.
14. All equipment shall be completely screened from the view of surrounding properties or
otherwise not be generally perceptible.
APPROVED by the Danville Planning Commission at a regular meeting on November 13,
2001 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Combs, Condie, Graham, Legg, Moran, Storer, Osborn
Jameson
APPROVED AS TO FORM:
City Attorney
x2\planning~application~lup\01 lup~lup01-3 3 ~staff r eport.doc
PAGE 4 OF RESOLUTION NO. 2001-35