HomeMy WebLinkAbout2004-22RESOLUTION NO. 2004-22
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
DANVILLE APPROVING LAND USE PERMIT REQUEST LUP LUP 2004-18 AND
DEVELOPMENT PLAN REQUEST DP 2004-26 ALLOWING THE
ESTABLISHMENT AND USE OF A WIRELESS COMMUNICATION FACILITY
WITHIN A TOWN-IDENTIFIED MAJOR RIDGELINE AREA
(APN: 202-050-078 -VERIZON WIRELESS)
WHEREAS, VERIZON WIRELESS (Applicant) and TEARDROP PARTNERS LLC (Owner)
have requested approval of a Land Use Permit and Development Plan application to allow
the establishment and operation of a wireless communication facility on a 154.71 +/- acre
site located within a Town-identified Major Ridgeline area; and
WHEREAS, the subject site is located at 1970 Diablo Road and is further identified as
Assessor's Parcel Number 202-050-078; and
WHEREAS, the Town of Danville Wireless Communication Facilities Ordinance requires
approval of a Land Use Permit prior to the establishment or operation of a wireless
communication facility; and
WHEREAS, the Town of Danville Scenic Hillside and Major Ridgeline Development
Ordinance requires approval of a Development Plan application prior to development
within a Town-identified Major Ridgeline area; and
WHEREAS, the project has been found to be Categorically Exempt from the requirements
of the California Environmental Quality Act (CEQA); and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
September 28, 2004; 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 2004~18 and Development Plan request DP 2004-26 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.
o
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
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.
Development Plan Findings:
The proposed siting and design of the facility will not conflict with the intent and
purposes of Ordinance 32-69 ("Scenic Hillside and Major Ridgeline Development"),
in that development will be achieved with minimal grading and will not adversely
impact predominate views of a Town-identified Major Ridgeline area.
2. The proposed project is consistent with the Danville 2010 General Plan.
o
The proposed development is in conformance with the zoning district in which the
property is located.
PAGE 2 OF RESOLUTION NO. 2004-22
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 2004-18 and Development Plan
request DP 2004-26 authorizing the establishment and operation of a wireless
communication facility within a Town-identified Major Ridgeline area. Except as
may be modified by the conditions contained herein, development shall be
substantially as shown on the project drawings prepared by ATI, consisting of seven
sheets, and dated received by the Planning Division on July 26, 2004.
o
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.
o
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 $105.00 (140 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 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 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.
PAGE 3 OF RESOLUTION NO. 2004-22
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.
10.
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.
11.
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.
12.
The antennas and equipment cabinets shall be painted a non-reflective color to
blend with the surrounding vegetation and existing cabinets. 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.
PAGE 4 OF RESOLUTION NO. 2004-22
13.
Any hillside area disturbed by trenching for coaxial cable shall be hydro seeded
after cable installation.
' 14. All antennas shall be located outside the drip line of the existing oak trees.
APPROVED by the Danville Planning Commission at a regular meeting on September 28,
2004 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM:
City Attorney
Combs, Condie, Legg, Moran, Osborn, Storer
Graham, Jameson
PAGE 5 OF RESOLUTION NO. 2004-22