HomeMy WebLinkAbout2006-03
RESOLUTION NO. 2006-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
DANVILLE APPROVING LAND USE PERMIT REQUEST LUP 2005-18 ALLOWING
THE ESTABLISHMENT AND USE OF A WIRELESS COMMUNICATION
FACILITY LOCATED ADJACENT TO 685 EL CERRO BOULEVARD
(APN: 196-402-017 - T -MOBILF/P ACIFIC BELL WIRELESS)
WHEREAS, T-MobilejPacific Bell Wireless has requested approval of Land Use Permit
request LUP 2005-18 to allow the continued use and operation of an existing. wireless
communications facility in a Town-owned right-of-way; and
WHEREAS, the subject site is located in the Town's right-of-way adjacent to 685 EI Cerro
Boulevard, which is further identified as Assessor's Parcel Number 196-402-017; and
WHEREAS, the Town of Danville's Wireless Communication Facilities Ordinance requires
approval of a Land Use Permit for the operation of a wireless communication facility; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
February 28, 2006; 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; now, therefore, be it
RESOLVED, that the Planning Commission of the Town of Danville approves Land Use
Permit request LUP 2005-18 per the conditions contained herein, and makes the following
findings in support of this action:
1. The proposed land use has not and will not be detrimental to the health, safety, and
general welfare of the Town.
2. The land use has not and will not adversely affect the orderly development of
property within the Town.
3. The land use has not and will not adversely affect the preservation of property
values and the protection of the tax base within the Town.
4. The land use has not and will not adversely affect the policies and goals as set by the
General Plan.
5. The land use has not and 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.
6. The land use has not and 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
Each item is subject to review and approval by the Planning Division unless otherwise
specified.
1. This approval is for Land Use Permit request LUP 2005-18 authorizing the
continued operation of a wireless communication facility. Except as may be
modified by conditions contained herein, development shall be substantially as
shown on the project drawings prepared by Schmidt Consulting, consisting of 5
sheets, and dated received by the Planning Division on November 14, 2005.
2. The applicant shall reimburse the Town for notifying surrounding neighboring
residents of the February 28, 2006 public hearing. The fee shall be $ 92.25 (123
notices X $0.75 per notice).
3. 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.
4. Any expansion or modification of the use shall be subject to review and approval by
the Planning Division under a separate Land Use application.
PAGE 2 OF RESOLUTION NO. 2006-03
5. 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.
6. 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.
7. 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.
8. All equipment, antennas, poles, or towers shall have and maintain a non-reflective
finish and shall be painted or otherwise treated to minimize visual impacts. All
equipment shall be substantially screened from the view of surrounding properties
or otherwise be generally not perceptible.
APPROVED by the Danville Planning Commission at a regular meeting on February 28,
2006 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Condie, Graham, Morgan, Nichols, Osborn, Storer, Moran
Combs
~~
Ch . I
aIr
APPROVED AS TO FORM:
~g~
City Attorney
&~
Chief f nning
PAGE 3 OF RESOLUTION NO. 2006-03