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Home My WebLink About2006-07 RESOLUTION NO. 2006-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT REQUEST LUP 2006-01 AND DEVELOPMENT PLAN REQUEST DP 2006-03 TO ALLOW THE REPLACEMENT OF EXISTING SECTOR II A" PANEL ANTENNAS WITH UPGRADED SECTOR liB" PANEL ANTENNAS TO INCREASE THE HEIGHT OF SEVERAL EXITING POLES, TO ALLOW THE INSTALLATION OF A NEW 35' HIGH ANTENNA POLE AND SECTOR B PANEL ANTENNA, AND TO PERMIT THE CONTINUED OPERATION OF A WIRELESS COMMUNICATION FACILITY LOCATED IN A TOWN-IDENTIFIED MAJOR RIDGELINE AREA (APN: 197-100-042 - T-MOBILE) WHEREAS, FMHC CORPORATION REPRESENTING T-MOBILE (Applicant) and MARK AND JUANITA HARRIGAN (Owner) have requested approval of a Land Use Permit and Development Plan to raise the height of two existing antenna poles on the south side of the property, to install a new 35' high antenna pole on the north side of the property behind existing trees, and to remove two existing antenna poles on a parcel located within 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 April 25, 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 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 2006-01 and Development Plan request DP 2006-03 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 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. 3. The land use will not adversely affect the preservation of property values and the protection of the tax base within the Town. 4. 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. 5. 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. 6. 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 PAGE 2 OF RESOLUTION NO. 2006-07 standards to regulate the type of facility which could be installed. Development Plan Findings: 1. 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 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. 3. 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 unless otherwise specified. A. GENERAL 1. This approval is for a Land Use Permit (LUP 2006-01) and Development Plan request (DP 2006-03) to raise the height of two existing antenna poles on the south side of the property, to install a new 35' high antenna pole on the north side of the property behind existing trees, and to remove two existing antenna poles on a parcel located within a Town-identified Major Ridgeline area. Except as may be modified by the conditions contained herein, development shall be substantially as shown on the project drawings prepared by Schmidt Consulting Inc., consisting of six sheets, and dated received by the Planning Division on April 17, 2006. 2. The applicant shall payor 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. PAGE 3 OF RESOLUTION NO. 2006-07 3. 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 $20.25 (27 notices X $0.75 per notice). 4. 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. 5. The applicant shall obtain a building permit from the Town's Building Division prior to installation of the equipment and antennas. 6. 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. 7. 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. 8. 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. 9. 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 PAGE 4 OF RESOLUTION NO. 2006-07 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. 11. The antennas shall be painted a non-reflective dark green color to blend with the surrounding vegetation. Prior to the issuance of a building permit, the 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. 12. The applicant shall plant evergreen vegetation in front of the poles to provide screening from adjacent neighbors. Prior to final inspection of the building permit, the Town will walk the site with a representative from T-Mobile to identify the areas that that require screening vegetation and what type. This vegetation will be required to be installed prior to receiving a final inspection of the project. 13. The proposed antenna site identified on the project plans as 2/ A-2 shall be moved 30' + / - to the southwest adjacent to an existing corral fence nestled within the existing cedar tree, as identified in "Staff Study A." The contractor shall properly place the pole between existing branches to avoid unnecessary pruning of the cedar tree. Further, the pole location shall maintain a minimum of 6' from the trunk of the adjacent redwood tree. APPROVED by the Danville Planning Commission at a regular meeting on April 25, 2006 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Storer, Moran, Combs, Graham, Osborn, Morgan, and Condie /t1/L , Chairman APPROVED AS TO FORM: ~{!~ City Attorney. 7 A~ Chief of an ing PAGE 5 OF RESOLUTION NO. 2006-07