HomeMy WebLinkAbout2004-15RESOLUTION NO. 2004-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
DANVILLE APPROVING LAND USE PERMIT REQUEST LUP 2004-17 ALLOWING
THE MODIFICATION AND USE OF A WIRELESS COMMUNICATION FACILITY
LOCATED AT 156 DIABLO ROAD
(APN: 200-211-028 ---NEXTEL COMMUNICATIONS)
WHEREAS, Nextel Communications has requested approval of a Land Use Permit LUP
2003-17 to allow the modification and use 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 modification or use of a wireless communication facility; and
WHEREAS, the Planning Commission .did review the project at a noticed public
hearing on July 13, 2004; 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 thb Planning Commission of the Town of Danville approves Land
Use Permit request LUP 2003-17 per the conditions contained herein, and makes the
following findings in support of this action:
The proposed land use would 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.
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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 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 facil'ity 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.
6. 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 2003-17 authorizing the
modication and use of a wireless communication facility that removes and
replaces 12 existing panel antennas with three panel antennas placed at the
center of the roof with a 24" diameter fiberglass flue, mounted on an 11' tripod
pole. Except as may be modified by conditions contained herein, development
shall be substantially as shown on the project drawings prepared by consisting
of four sheet~, and dated received by the Planning Division on July 6, 2004.
The faux vent cover as shown on the above referenced project plans are not
approved as part of this application. The project description on the cover page
should indicate an 11' high pole. Revised plans shall be submitted to reflect these
changes prior to the issuance of a building permit.
o
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
PAGE 2 OF RESOLUTION NO. 2004-15
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10.
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 July 13, 2004 public
hearing. The fee shall be $89.25 (119 notices X $0.75 per notice).
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 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 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 time, 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 section 30-4.12 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. 2004-15
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 may be 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 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 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 roof panels and fiberglass flue shall match the texture and colors of the
existing.roof, subject to review and approval by the Planning Division..
14.
All equipment shall be completely screened from the view of surrounding
properties or otherwise not be generally perceptible.
15.
The fiberglass panels, previously used to screen panel antennas, shall be
removed and replaced with roof tiles that match the texture and colors of the
existing roof.
APPROVED by the' Danville Planning Commission at a regular meeting on July 13,
2004 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Combs, Graham, Jameson, Legg, Osborn, & Storer
Moran .
APPROVED AS TO FORM:
City Attorney
PAGE 4 OF RESOLUTION NO. 2004-15