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HomeMy WebLinkAbout2006-12 RESOLUTION NO. 2006-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT REQUEST LUP 2006-07 FOR THE ESTABLISHMENT AND OPERATION OF A WIRELESS COMMUNICATION FACILITY LOCATED IN THE PUBLIC RIGHT-OF-WAY ADJACENT TO CAMINO T ASSAJARA (METRO PCS) WHEREAS, Metro PCS has requested approval of Land Use Permit LUP 2006-07 to allow the establishment and operation of a wireless communication facility in the public right-of- way; and WHEREAS, the subject site is located in the public right-of-way area adjacent to Camino Tassajara, northeast of 4000 Camino Tassajara and west of Jasmine Way; and WHEREAS, the Town of Danville Wireless Communication Facilities Ordinance require approval of a Land Use Permit prior to the establishment or operation of a wireless communication facility; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on June 13,2006; 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 and presented at the hearing; now, therefore, be it RESOL VED, that the Planning Commission of the Town of Danville approves Land Use Permit request LUP 2006-07 per the conditions contained herein, and makes the following findings in support of this action: Findings: 1. The proposed land use will not be detrimental to the health, safety, and general welfare of the Town. 2. The land use will not adversely affect the orderly development of property within the Town because the Land Use Permit is limited to five years to allow for assurance that conditions of approval have been maintained prior to any extension of the entitlement. 3. The land use will not adversely affect the preservation of property values and the protection of the tax base within the Town because the installation would allow a greater service area for wireless communication users who live in the Town of Danville. 4. The land use will not adversely affect the policies and goals as set by the General Plan because the Wireless Communication Ordinance encourages location of such facilities on public property or right-of-way. 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. 6. The land use will not encourage marginal development within the neighborhood because the proposal meets the design standards of the Wireless Communication Ordinance by utilizing collocation with an existing utility pole, appropriate screening behind a 6' fence enclosure, and new landscaping. 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. 1. This approval is for Land Use Permit request LUP 2006-07 and Development Plan 2006-07 authorizing the establishment and operation of a wireless communication facility. The facility includes two antennas mounted on an existing utility pole and equipment cabinets in a 6'xlO' area to be screened with a 6' wood fence and landscaping. Except as may be modified by conditions contained herein, development shall be substantially as shown on the project drawings prepared by PAGE 2 OF RESOLUTION NO. 2006-12 Baran Telecom, consisting of five sheets, and dated received by the Planning Division on May 4, 2006. 2. The applicant shall payor be subjec;t 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. 3. Prior to the issuance of a building permit, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the June 13,2006 public hearing. The fee shall be $86.25 (115 notices X $0.75 per notice). 4. Within 5 days of the public hearing date, the applicant shall submit to the Town of Danville fees required to file a Notice of Determination for this project as required by AB 3185. The fee shall be $25.00 and payable to Contra Costa County. 5. Prior to the issuance of a building permit, the applicant shall enter iI~.to a lease agreement with the Town of Danville to allow the use of the Town's public right-of- way. An encroachment permit will be required prior to installation of the facility. 6. 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 report must be signed by the applicant. The report may be rejected by the Town if it is not comprehensive with respect to the applicable conditions of approval. 7. 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. 8. All equipment shall be completely screened from view or otherwise not be generally perceptible. All screening elements shall be maintained. Antennas shall be painted a non-reflective color to blend in with the utility pole. Landscaping installed for screening of the equipment cabinet area shall be kept in a healthy growing condition. 9. The applicant shall obtain a building permit from the Town's Building Division prior to installation of the equipment and antennas. PAGE 3 OF RESOLUTION NO. 2006-12 10. 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. 11. Any expansion or modification of the use shall be subject to review and approval by the Planning Division under a separate Land Use application. 12. 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. 13. 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. 14. 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. PAGE 4 OF RESOLUTION NO. 2006-12 APPROVED by the Danville Planning Commission at a regular meeting on June 13, 2006 by the following vote: A YES: NOES: ABSTAIN: ABSENT: Combs, Condie, Graham, Morgan, Osborn, Storer, Moran ~ , Chair APPROVED AS TO FORM: ()~f] .-z:::: City Attorney I eOf~ PAGE 5 OF RESOLUTION NO. 2006-12