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HomeMy WebLinkAbout2006-04 RESOLUTION NO. 2006-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT REQUEST LUP 2005-19 ALLOWING THE CONTINUED OPERATION OF AN EXISTING WIRELESS COMMUNICATION FACILITY LOCATED IN A MAJOR RIDGELINE AREA (APN: 207-071-008 - T-MOBILE{PACIFIC BELL WIRELESS) WHEREAS, T-MOBILEjPACIFIC BELL WIRELESS (Applicant) and GARY & JUDITH NAUMAN (Owner) have requested approval of a Land Use Permit to allow the continued operation of an existing wireless communication facility located on a 7.35 + j - acre site in a Major Ridgeline area; and WHEREAS, the subject site is located at 2498 Tassajara Lane and is further identified as Assessor's Parcel Number 207-071-008; and WHEREAS, the Town of Danville P-1; Planned Unit Development District and Wireless Communication Facilities Ordinances require approval of a Land Use Permit for the operation of a wireless communication facility within a residential 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 February 28, 2006; 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 2005-19 per the conditions contained herein, and makes the following findings in support of this action: Land Use Permit Findings: 1. 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. 2. The land use has not and will not adversely affect the orderly development of property within the Town because the existing land use is located away from the property lines adjacent to neighboring residential developments. 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 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. 5. The land use has not and will not create a nuisance and/ or enforcement problem within the neighborhood or community because the facility is unmanned and the existence of this facility does not generate a significant level of noise and allows a greater service area for wireless communication users who live in the Town of Danville. 6. The land use does 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. The existing facility is not visible from public view. CONDITIONS OF APPROVAL Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL 1. This approval is for a Land Use Permit (LUP 2005-19) request authorizing the continued operation of an existing wireless facility. Except as may be modified PAGE 2 OF RESOLUTION NO. 2006-04 by the conditions contained herein, development shall be substantially as shown on the prbject drawings prepared by Schmidt Consulting, consisting of five sheets, and dated received by the Planning Division on November 22, 2005. 2. The applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $17.25 (23 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 Permit and/ or Development Plan application. 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. 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 PAGE 3 OF RESOLUTION NO. 2006-04 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. 8. The antennas, dishes, and equipment building shall continue to be a non- reflective color to blend with the surrounding vegetation. The visual appearance of the antennas shall be maintained in their originally approved condition, and be maintained in a state of good repair. 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 ::zcz:)y~ APPROVED AS TO FORM: V2~11 'C~ City Attorney PAGE 4 OF RESOLUTION NO. 2006-04