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HomeMy WebLinkAbout012-00RESOLUTION NO. 12-2000 APPROVING THE APPEAL BY RANCHO SAN RAMON HEIGHTS ASSOCIATION AND MODIFYING THE PLANNING COMMISS1ON'S ACTION APPROVING LAND USE PERMIT REQUEST LUP 99-19 ALLOWING THE INSTALLATION AND USE OF A WIRELESS COMMUNICATION FACILITY WITHIN BRET HARTE PARK (PACIFIC BELL WIRELESS) WHEREAS, Pacific Bell Wireless has requested approval of Land Use Permit request LUP 99-19 to allow the establishment and use of a wireless communication facility on a 0.08 +/- acre site; and WHEREAS, the initial proposed site was located at a site north of 909 E1 Pineon Road, further i denrifled as Assessor's Parcel Number 216-143 -003; and WHEREAS, the Town of Danville's Wireless Communication Facilities Ordinance requires approval of a Land Use Permit prior to the establishment or operation of a wireless communication facility; and WHEREAS~ a staff report was submitted recommending that the Planning Commission approve the request; and WHEREAS, the Planning Commission did review and approve the project at a noticed public hearing on November 9, 1999; and WHEREAS, the Planning Commission's action was appealed by Rancho San Ramon Heights Association; and WHEREAS, a staff report was submitted recommending that the Town Council deny the appeal and uphold the Planning Commission's approval; and WHEREAS, the Town Council did review the project at a noticed public heating on February 15, 2000 and continued the item while giving the applicant direction to develop plans for the possible location of the proposed facility within nearby Bret Harte Park for review by the Town Council; and WHEREAS, the Town Council did review the project at a noticed public hearing on May 16, 2000; and WHEREAS, a staff report was submitted recommending that the Town Council deny the appeal by Rancho San Ramon Heights Association and upholding the Planning Commission' s action approving Land Use Permit request LUP 99-19, allowing the installation and use of a wireless communication facility at a site located north of 909 El Pineon Road, the originally proposed site for the facility; 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, the Town Council did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; now, therefore, be it RESOLVED, that the Danville Town approves the appeal by Rancho San Ramon Heights Association and modifies the Planning Commission' s action approving Land Use Permit request LUP 99-19, allowing the installation and use of a wireless communication facility at a site located at the north east intersection of Camino Tassajara and Diablo Road, within Bret Harte Park, and makes the following findings in support of this action: The proposed land use will 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, as the facility will be effectively screened from public and private view. , 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 Danville 2010 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. 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. PAGE 2 OF RESOLUTION NO. 12~2000 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 99-19 authorizing the establishment and use of a wireless communication facility at a site located at the north east comer of Camino Tassajara and Diablo Road, within Bret Harte Park. Except as may be modified by conditions contained herein, development shall be substantially as shown on the project drawings prepared by Diamond Services and Logikos Science Inc., consisting of four sheets, and dated received by the Planning Division on May 2, 2000. 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. Prior to the issuance of a building permit, the applicant shall reimburse the Town for notifying surrounding residents in the amount of $756.00 (six mailings X 168 notices X $0.75 per notice). Prior to 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. The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by Staff.. Any other change will require Planning Commission approval through a separate Land Use Permit application. 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 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 occur in such a manner that it will not interrupt or interfere with the continuous operation of the applicant's facilities. 8. Any expansion or modification of the use shall be subject to review and approval by the Planning PAGE 3 OF RESOLUTION NO. 12-2000 10. 11. 12. 13. 14. 15. 16. 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 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. This Land Use Permit shall be valid for a time period of five years. Additional time extensions, wkh 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. 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 later 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. All ground mounted cabinets, pole, and antennas shall have a non-reflective finish and shall be painted or otherwise treated to minimize visual impacts. The proposed colors shall be submitted to the Town for review and approval prior to the issuance of a building permit. The applicant shall maintain the wireless facility, and its immediate area, in a clean and orderly manner, as determined by the Town of Danville. The antennas shall be mounted on a 50-foot high slim line pole, rather than on an artificial tree. The pole shall be located such that it is screened by existing foliage to the extent possible, subject to review and approval by the Town. The proposed chain link fence, enclosing the ground mounted equipment, is not approved as part of this project. Landscaping, including evergreen shrubs and trees, shall be planted to screen the ground mounted equipment and the pole to the extent possible. A landscape plan shall be submitted for review and approval by the Planning Division and the Parks and Leisure Services Commission prior to issuance of Building Permits for the facility. Landscaping shall be installed prior to the Town' s finalling of the Building Permit. The landscaping to be installed as part of this project shall utilize automatic irrigation from the existing nearby water line along Camino Tassajara. The applicant shall be required to install a separate meter, subject to review and approval by the Town. PAGE 4 OF RESOLUTION NO. 12-2000 APPROVED by the Danville Town Council at a regular meeting on May 16, 2000, by the following vote: AYES: NOES: ABSTAIN.' ABSENT: Greenberg, Doyle, Arnerich, Shimansky, Waldo None MAYOR FORM: CITY ATTORNEY C/ ATT : ~"/~ PAGE 5 OF RESOLUTION NO. 12-2000