HomeMy WebLinkAbout2004-27RESOLUTION NO. 2004-27
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
DANVILLE APPROVING LAND USE PERMIT REQUEST LUP 2004-26 AND
DEVELOPMENT PLAN REQUEST DP 2004-31 ALLOWING THE CONTINUED
OPERATION OF AN EXISTING WIRELESS COMMUNICATION FACILITY
AND THE INSTALLATION OF A POLE MOUNTED DISH ANTENNA
LOCATED IN A TOWN-IDENTIFIED MAJOR RIDGELINE AREA
(APN: 197-100-042 - AT&T WIRELESS)
WHEREAS, AT&T WIRELESS (Applicant) and MARK AND JUANITA HARRIGAN
(Owner) have requested approval of a land use permit to allow the operation of an
existing wireless communication facility and the installation of a pole mounted dish
antenna located on a 2.90 +/- acre site in a Town-identified Major Ridgeline area; and
WHEREAS, the subject site is located at 246 E1 Pinto Road and is further identified as
Assessor's Parcel Number 197-100-042; and
WHEREAS, the Town of Danville R-100; Single Family Residential 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 Town of Danville Scenic Hillside and Major Ridgeline Ordinance
requires approval of a Development Plan prior to development within a 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 November 9, 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 2004-26 and Development Plan request DP 2004-31 per the
conditions contained herein, and makes the following findings in support of this
action:
Land Use Permit Findings:
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.
Development Plan Findings:
The proposed sighting and design of the facility will not conflict with the
intent and purposes of Ordinance 32-69 ("Scenic Hillside and Major Ridgeline
PAGE 2 OF RESOLUTION NO. 2004-27
Development"), in that development will be achieved with minimal grading
and will not adversely impact predominate views of a Scenic Hillside/Major
Ridgeline area.
2. The proposed project is consistent with the Danville 2010 General Plan.
The proposed development is in conformance with the zoning district in
which the property is located.
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 rinless otherwise specified.
A. GENERAL
This approval is for a La'nd Use Permit (LUP 2004-26) and Development Plan
(DP 2004-31) request authorizing the continued operation of an existing
wireless facility and the installation of a pole mounted dish antenna. Except as
may be modified by the conditions contained herein, development shall be
substantially as shown on the project drawings prepared by RPR Architects,
consisting of three sheets, and dated received by the Planning Division on
October 4, 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 the relevant permits are secured, and
shall be paid prior to issuance of said permit and prior to any Town Council
final approval action.
o
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 $15.75 (21 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
application.
PAGE 3 OF RESOLUTION NO. 2004-27
o
o.
10.
11.
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 Pem-~it 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.
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.
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.
The antennas shall be Painted a non-reflective color to blend with the
surrounding vegetation. Prior to the issuance of a building permit, the
PAGE 4 OF RESOLUTION NO. 2004-27
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
November 9, 2004 by the following vote:
AYES:
NOES: -
ABSTAIN: Graham (Recused)
ABSENT: Jameson, Legg
combs, Condie, Moran, Osborn, Storer
APPROVED AS TO FORM:
City Attorney
Chief of
PAGE 5 OF RESOLUTION NO. 2004-27