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HomeMy WebLinkAbout2005-16RESOLUTION NO. 2005-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT. REQUEST LUP 2005-05 ALLOWING THE ESTABLISHMENT AND USE OF A WIRELESS COMMUNICATION FACILITY LOCATED AT 156 DIABLO ROAD (APN: 200-211-028 - METRO PCS) WHEREAS, Metro PCS has requested approval of a Land Use Permit LUP 2005-05 to allow the establishment 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 May 24, 2005; 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 2005-05 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. 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 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 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. 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 2005-05 authorizing the establishment and use of a wireless communication facility co-locating with existing communications facilities on the roof of the Mt. Diablo Bank Building. The approved project includes three antennas and three equipment cabinets. All equipment shall be screened from view either by the existing parapet wall or mock roof tiles fabricated to match the existing Clay tiles. Except as may be modified by conditions contained herein, development shall be substantially as shown on the project drawings prepared by consisting of four sheets, and dated received by the Planning Division on April 5, 2005. ° 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. PAGE 2 OF RESOLUTION NO. 2005-16 o 10. Prior to the issuance of a building permit, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the May 24, 2005 public hearing. The fee shall be $102.00 (136 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 applicant must sign the report. The Town may reject the report if it is not comprehensive with respect to the applicable conditions of approval. 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 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. 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 PAGE 3 OF RESOLUTION NO. 2005-16 11. 12. 13. 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 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. The roof panels shall match the texture and colors of the existing roof, subject to review and approval by the Planning Division. The owner shall coordinate a joint effort between new and existing wireless communication tenants to re- tile the sections that are either inconsistent in color or overly uniform as to be perceptible from the rest of the existing roof. All equipment shall be completely screened from the view of surrounding properties or otherwise not be generally perceptible. APPROVED by the Danville Planning Commission at a regular meeting on May 24, 2005 by the following vote: AYES: NOES: ABSTAIN: - ABSENT: Graham Combs,. Condie, Moran, Morgan, Nichols, Storer, Osborn APPROVED AS TO FORM: City Attorney PAGE 4 OF RESOLUTION NO. 2005-16