HomeMy WebLinkAbout2003-21RESOLUTION NO. 2003-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
DANVILLE APPROVING LAND USE PERMIT LUP 2003-12 ALLOWING THE
INSTALLATION OF A WIRELESS COMMUNICATIONS FACILITY ON TO AN
EXISTING UTILITY POLE IN THE RIGHT-OF-WAY ON LAWRENCE ROAD
(CINGULAR WIRELESS SERVICES)
WHEREAS, Cingular Wireless Services (Applicant) have requested approval of a Land
Use Permit request to allow the installation of two panel antennas on to an existing
utility pole; and
WHEREAS, the subject site is located in the right-of-way on the southern portion of
Lawrence Road and does not have an Assessor's Parcel Number; and
WHEREAS, the Town of Danville P-l; Planned Unit Development 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 Planning Commission did review the project at a noticed public
hearing on September 23, 2003; 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 2003-12 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 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.
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 2003-12 authorizing
the installation of wireless communication equipment as follows: two
panel antennas, measuring 6.1" wide, 36" long and 2.75' thick; microcell
measuring 12" wide, 12' long, and 4" thick; telco interconnect box
measuring 12" wide, 12" long and 4' thick; electrical disconnect box
measuring 6' wide, 6' long, and 3" thick. Except as may be modified by
the conditions contained herein, development shall be substantially as
shown on the project drawings as prepared by Diamond Services,
PAGE 2 OF RESOLUTION NO. 2003-21
consisting of 4 sheets, and dated received by the Planning Division on July
22, 2003.
The applicant shall pay or be subject to any and all Town and other
related fees to which the property may be subject. 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 $43.50 (2 mailings X 29 notices X $0.75 per
notice).
The project shall be constructed as approved. Staff may approve minor
modifications in the design, but not the use. Any other change will require
Planning Commission approval through a separate Land Use Permit and
Development Plan application.
The applicant shall obtain a building permit from the Town's Building
Division prior to installation of the 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 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
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.
PAGE 3 OF RESOLUTION NO. 2003-21
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.
10.
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.
11.
The antennas shall be painted a non-reflective brown color to blend with
the existing pole. 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.
APPROVED by the Danville Planning Commission at a regular meeting on September
23, 2003 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Chairman
APPROVED AS TO FORM:
City Attorney
Chief of
PAGE 4 OF RESOLUTION NO. 2003-21