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Home My WebLink About2002-26RESOLUTION NO. 2002-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT REQUEST LUP 2002-10 ALLOWING ESTABLISHMENT OF A WIRELESS COMMUNICATION FACILITY AT 400 WEST EL PINTADO ROAD AND THE ADJACENT NORTHWEST RIGHT-OF-WAY (APN: 196-190-037 CINGULAR WIRELESS) WHEREAS, Cingular Wireless (Applicant) has requested approval of a Land Use Permit and Development Plan application to allow the establishment of a wireless communication facility at 400 West E1 Pintado Road and to install two panel antennas on an existing utility pole located at an adjacent northwest right-of-way; and WHEREAS, the subject site is further identified as Assessor's Parcel Number 196-190-037; and WHEREAS, the Town of Danville Wireless Communication Facilities Ordinance requires approval of a Land Use Permit prior to the operation of a wireless communication facility; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California Enviromnental Quality Act (CEQA) under Section 15301; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on September 10, 2002; 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 2002-10 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 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 antennas shall be mounted on to an existing utility pole and equipment cabinets would be within an enclosed area of approximately t 74 +/- square feet. 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 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 modifications of this facility are minor enough so as not to generate a significant level of noise and would allow a continued greater service area for ~vireless 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. A. GENERAL This approval is for a Land Use Permit request LUP 2002-10 authorizing establishment of a 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 Cingular Wireless, consisting of five sheets, and dated received by the Planning Division on August 1, 2002. 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. PAGE 2 OF RESOLUTION NO. 2002-26 10. Prior to the issuance of a building permit, the applicant shall reimburse the Town for notifying surrounding neighboring residents of request for comments and the public hearing. The fee shall be $420.75 (3 X 187 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 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. Staff may approve minor modifications in the design, but not the use. Any other changes 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 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 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. PAGE 3 OF RESOLUTION NO. 2002-26 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 minimum of 30 days notice of intent to vacate a site. The antennas and equipment cabinets shall be painted a non-reflective color to blend with the surrounding environment. 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. Within 90 days of activation of wireless communications facilities, the applicant shall complete a measurement of the strength of the frequency transmission from the Spafford residence at 359 W. El Pintado Road to verify that the signal transmitted is consistent with standard wireless communications facilities. APPROVED by the Danville Planning Commission at a regular meeting on September 10, 2002 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Combs, Condie, Legg, Moran, Storer, Jameson,Graham Osbor" ~~~~ Chairman APPROVED AS TO FORM: City Attorney PAGE 4 OF RESOLUTION NO. 2002-26