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HomeMy WebLinkAbout2004-29RESOLUTION NO. 2004-29 LAND USE PERMIT REQUEST (LUP 2004-30) TO ALLOW THE PLACEMENT AND OPERATION OF A WIRELESS COMMUNICATION FACILITY ON THE ROOF OF THE MOUNT DIABLO BANK BUILDING (APN: 200-211-028 - RED DOG LLC) WHEREAS, Red Dog LLC (OWNER) and Cingular Wireless (APPLICANT)have requested approval of a Land Use Permit request to allow the placement and operation of a wireless communication facility on the roof of the Mount Diablo Bank building. The proposal includes a maximum of four equipment cabinets and four panel antennas, all of which would be completely hidden behind the building's existing roof parapet; and WHEREAS, the subject .63 acre 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 Wireless Communication Ordinance requires approval of a Land Use Permit prior to the establishment of a wireless communication facility; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on November 23, 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 2004-30 per the conditions contained herein, and makes the following findings in support of this action: 1. The proposed land use will not be detrimental to the 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. PAGE 1 OF RESOLUTION NO. 2004-29 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. 6. The land use will not encourage marginal development within the neighborhood. CONDITIONS OF APPROVAL This approval is for Land Use Permit request LUP 2004-30 authorizing the placement and operation of a wireless communication facility on the roof of the Mount Diablo Bank building. The proposal includes a maximum of four equipment cabinets and four panel antennas, all of which would be completely hidden behind the building's existing roof parapet. Except as may be modified by conditions contained herein, development shall be substantially as shown on the project drawings prepared by Diamond Services, consisting of eight sheets, and dated received by the Planning Division on October 29, 2004. 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 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 $102.75 (137 notices X $0.75 per notice). 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. PAGE 2 OF RESOLUTION NO. 2004-29 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. 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 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. 11. The roof panels shall match the texture and colors of the existing roof, subject to review and approval by the Planning Division. APPROVED by the Danville Planning Commission at a regular meeting on November 23, 2004 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Graham, Jameson, Moran, Osborn, Storer Combs, Condie, Legg APPROVED AS TO FORM: City Attorney chi'e f~of~lann~y PAGE 3 OF RESOLUTION NO. 2004-29