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HomeMy WebLinkAbout2004-17RESOLUTION NO. 2004-17 APPROVE LAND USE PERMIT REQUEST LUP 2003-15 ALLOWING THE ESTABLISHMENT AND USE OF A WIRELESS COMMUNICATION FACILITY TO BE LOCATED ON TWO SEPARATE POWER POLES IN THE SYCAMORE VALLEY ROAD RIGHT-OF-WAY, ONE NEAR MORNING HOME ROAD AND ONE NEAR TUNBRIDGE ROAD (CINGULAR WIRELESS) WHEREAS, PG&E (Owner) and Cingular Wireless (Applicant) have request approval of a Land Use Permit request (LUP 2003-15) to allow the establishment of a wireless communication facility; and WHEREAS, the project site is located on two separate utility poles on Sycamore Valley Road. One pole is located close to Morning Home Road and the other pole is located close to Tunbridge Road, both poles are located on the north side of Sycamore Valley Road; 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 July 27, 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 the Planning Commission of the Town of Danville approves Land Use Permit request LUP 2003-15 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. o 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. The land use will not encourage marginal development within the neighborhood. CONDITIONS OF APPROVAL This approval is for a Land Use permit request LUP 2003-15 authorizing the establishment and operation of a wireless communication facility located within the Town public right-of-way on two existing utility poles with equipment to be mounted to the base of the pole and would include two panel antennas mounted on the pole. Except as may be modified by the conditions contained herein, development shall be substantially as shown on the project drawings labeled "Cingular Wireless PL-274-02,' as prepared by Diamond Services, dated received by the Planning Division on May 24, 2004. 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 building permits are secured. 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 $1,113.75 (495 notices X $0.75 per notice x three notices). 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 Town if it is not comprehensive with respect to the applicable conditions of approval. PAGE 2 OF RESOLUTION NO. 2004-17 o .7. 10. 11. 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 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/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. Prior t° the Town's issuance of a building permit for the project, the'applicant shall enter into a lease agreement with the Town for use of Town property for this facility. 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 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 PAGE 3 OF RESOLUTION NO. 2004-17 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 panel antennas shall be painted to match the utility pole. The equipment cabinets shall be painted to match utility pole, subject to review and approval by the Planning Division prior to issuance of building permits for the project. 14. 15., 16. The applicant is not authorized to trim any trees or remove any landscaping as part of:this project as part of this project. Any trimming/removal of plant material will be allowed only after receiving written approval by the Town. The .applicant must obtain an encroachment permit for the work related to this project prior to the issuance of building permits. The applicant shall include in the contract language with service maintenance field crew the required location for the field crew to park when servicing::these two micrO-sites. The required location .for parking for these two sites shall be on the adjacent site street, either Tunbridge or Morning Home Road: Under no circumstances, besides initial construction, is the crew allowed to park on Sycamore Valley Road, in the bike lane to service these facilities. APPROVED by the Danville Planning Commission at a regular meeting on July 27, 2004 by the following vote: AYES: NOES: ~:: ABSTAIN: ABSENT: Storer, Combs, Condie, .Moran, Osborn, Jameson, and Legg Graham APPROVED AS TO FORM: City Attorney PAGE 4 OF RESOLUTION NO. 2004-17