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HomeMy WebLinkAbout2018-11RESOLUTION NO. 2OL8:1"]" LAND USE PERMIT REQUEST LUP18.OOO9 AND DEVELOPMENT PLAN REQUEST DEV18-00L7 AUTHORIZING THE MODIFICATIONS TO SIX EXISTING AT&T POLE MOUNTED PANEL ANTENNAS AND THE INSTALI,ATION OF THREE NEW PANEL ANTENNAS ON AN EXISTING AT&T POLE WITHIN A TOWN-IDENTIFIED MAJOR RIDGELINE AREA (APN: 207-07L-008') WHEREAS, CROWN CASTLE for AT&T WIRELESS (Applicant) and JUDITH NAUMAN (Owner) have requested approval of a Land Use Permit and Development Plan application to replace six existing pole mounted antennas and increasing the maximum height from 6 feet 4 inches to 21, feet (Sectors A and C), install three new panel anteruras on an existing 20 foot wooden pole with a maximum height o124 feet (Sector D); and to install Remote Radio Units (ground equipment) inside the existing equipment area; and WHEREAS, the subject site is located at2498 Tassajara Lane and is further identified as Assessor's Parcel Number 207-071,-008; and WHEREAS, the parcel is 7.35 +f - acres located within a Town-identified Major Ridgeline area; and WHEREAS, the Town's Wireless Communication Facilities Ordinance require approval of a Land Use Permit application prior to the establishment, improvement or operation of a wireless coÍrmunication facility within a P-'1,; Planned Unit Development District which goes by R-100; Single Family Residential District development standards; and WHEREAS, the Town's Scenic Hillside and Major Ridgeline Development Ordinance requires approval of a Development Plan application prior to allowing development within a Town-identified 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 October 9,2018; and WHEREAS, the public notice of this action was given in all respects as required by law; and '1, WHEREAS, a staff report was submitted recommending that the Planning Commission approve the reques! and WHEREAS, the Planning Commission did hear and consider all reports, recorrunendations, 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 LUP18-0009 and Development Plan request DEV18-0017 per the conditions contained hereiry and makes the following findings in support of this action: FINDINGS OF APPROVAL Land Use Permit The proposed wireless facility complies with all applicable development standards in Municipal Code Section 32-70 (Wireless Communication Facilities) and the applicable provisions in the Town's Wireless Communication Facilities Design Guidelines (Resolution No. 75-2018). 2.The applicant has demonstrated that its proposed wireless facility will be in compliance with all applicable FCC compliance for human exposure to RF emissions as detailed in the Electromagnetic Energy Exposure Report facility prepared by Caldwell Compliance, Inc. dated June26,2018. The applicant has proposed to place the wireless facility in the most-preferred location as verified by the Town through inspection of the site and other available alternatives in the area. 4.The project is located within an existing wireless site and includes a design identified in the administrative record as the most technically feasible or available. The 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. The land use 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. J 5. 6 PAGE 2 OF RESOLUTION NO. 2OL8:11. 7 8 9 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 policy and goals as set by the 2030 General PIan because the Zoning Ordinance was designed to be consistent with the overall policy and framework of the General Plan. The land use will not create a nuisance and/or enforcement problem within the neighborhood or coûrmunity because the facility is unmanned, and the existence of this facility does not generate a significant level of noise and allows a greater service arealor wireless communication users who live in the Town of Danville. The land use does not encourage marginal development within the neighborhood because Chapter 32-70 of the Town's 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 barely visible from public view. The Planning Commission has made all the findings required for a Land Use Permit in accordance with Danville Municipal Code 32-3.5. Development Plan The proposed modification will not conflict with the intent and purposes of Ordinance 32-69 ("Scenic Hillside and Major Ridgeline Development"), in that development will not adversely impact predominate views of a Town- identified Major Ridgeline area. The proposed project is consistent with the Danville 2030 General Plan. The proposed development is in conformance l,üith the zoning district in which the property is located. 10. \1 1 2. _'t PAGE 3 OF RESOLUTION NO. 2018-17 CONDITIONS OF APPROVAL Conditions of approval with an asterisk ("*") in the left-hand column are standard project 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 a Land Use Permit request LUP18-0009 and Development Plan request DEV18-0017.The proposed project includes: the replacement of six of the existing pole mounted antennas and increasing the maximum height from 6 feet 4 inches to 21, feet (Sectors A and C); the installation of three new panel antennas on an existing 20 foot wooden pole with a maximum height of 24 feet (Sector D); and the installation of Remote Radio Units (ground equipment) inside the existing equipment area. The existing pole mounted panel antennas with a maximum height of 6 feet four inches would remain (Sector B). Except as may be modified by the conditions contained hereirç development shall be substantially as shown on the project drawings prepared by PDC Corporation, consisting of ten sheets, and dated received by the Planning Division on September 1.4,2018. 2.The applicant shall pay or 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. 1 :t * 3. 4 Prior to the issuance of a building permit, the applicant shall reimburse the Town for notifying surrounding neighboring property owners of the public hearing. The fee shall be $164.03 ($130 plus 41 notices X $0.83 per notice). Any expansion or modification of the use shall be subject to review and approval by the Planning Division under a separate Land Use Permit andf or Development Plan application. The applicant shall allow additional wireless conununication 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 andf or Development Plan application. The applicant and other wireless carriers shall provide a mechanism for the *5 PAGE 4 OF RESOLUTION NO. 2018:11 6 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 applicanfs facilities This Land Use Permit shall be valid for a time period of ten years and expires on October 9,2028. Time extensions 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 letter stating the provider's agreement to remove the equipment within 30 days of discontinued use of the facility. In additioru 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. 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. The wireless facilities shall be concealed to the maximum extent feasible with design elements and techniques that mimic or blend with the underlying support structure, surrounding environment and adjacent uses. The wireless facilities shall be compliant with the maximum height limits applicable in the subject land use district. The wireless facilities on private property shall be compliant with all setback requirements applicable in the subject land use district. t 7 11 8 9 10 PAGE 5 OF RESOLUTION NO. 2018-1"L 12 13 14. 15 1,6. The wireless facilities and all transmission equipment shall comply with all noise regulations and shall not exceed, either individually or cumulatively, such regulations. The Town may require the applicant to incorporate appropriate noise-baffling materials and/ or strategies to avoid any ambient noise from equipment reasonably likely to exceed the applicable noise regulations. The wireless facilities shall include landscape features and a landscape maintenance plan. The Town shall have the right to require additional landscape features to screen the wireless facility from public view, avoid or mitigate potential adverse impacts on adjacent properties or otherwise enhance the concealment required under section 32-70j.b.10 of the Danville Municipal Code. All plants proposed or required must be native andf or drought-resistant. The wireless facilities may incorporate reasonable and appropriate site security measures, such as locks and anti-climbing devices, to prevent unauthorized access, theft or vandalism. All wireless facilities shall be constructed from graffiti-resistant materials. The Town may require additional concealment elements as the Town finds necessary to blend the security measures and other improvements into the natural and/ or built environment. The use of barbed wire, tazor ribboru electrified fences or any similar security measures are prohibited. The wireless facilities may not include exterior lights other than as may be required under FAA, FCC, other applicable governmental regulations or applicable pole owner policies related to public or worker safety. All exterior lights permitted or required to be installed shall be installed in locations and within enclosures that mitigates illumination impacts on other properties to the maximum extent feasible. Any lights associated with the electronic equipment shall be appropriately shielded from public view. The wireless facilities must include signage that accurately identifies the equipment owner/operator, the ownerf operctor's site name or identification number and a toll-free number to the owner/operator's network operations center. Wireless facilities may not bear any other signage or advertisements unless expressly approved by the Town, required by law or reconunended under FCC or other United States governmental agencies for compliance with RF emissions regulations. PAGE 6 OF RESOLUTION NO. 2018-LL 17 18 19 To the extent feasible and aesthetically desirable, all new wireless facilities should be designed and sited in a manner that accommodates potential future collocations and equipment installations that can be integrated into the proposed wireless facility or its associated structures with no or negligible visual changes to the outward appearance. The Town may waive the requirements in section 32-70.7.b.10 of the Danville Municipal Code when the approval authority determines future collocations at a proposed wireless facility would be aesthetically undesirable. All cables and connectors for telephone, primary electric and other similar utilities must be routed underground to the extent feasible in conduits large enough to accommodate future collocated wireless facilities. To the extent feasible, undergrounded cables and wires must transition directly into the pole base without any external doghouse. Meters, panels, disconnect switches and other associated improvements must be placed in inconspicuous locations to the extent possible. The Town shall not approve new overhead utility lines or service drops merely because compliance with the undergrounding requirements would increase the project cost. Microwave or other wireless backhaul is discouraged when it would involve a separate and unconcealed antenna. The wireless facilities shall be designed and sited in compliance with all applicable federal, state and local laws, regulations, rules, restrictions and conditions, which includes without limitation the California Building Standards Code, Americans with Disabilities Act, General Plan and any applicable specific plan, the Danville Municipal Code and any conditions or restrictions in any permit or other goverrunental approval issued by any public agency with jurisdiction over the project. The wireless facilities shall not interfere with access to a fire hydrant, fire statiory fire escape, water valve, underground vault, valve housing structure or any other public health or safety facility. The Chief of Planning may develop and amend the design guidelines consistent with the generally applicable design regulations to clarify the aesthetic and public safety goals and standards for Town staff, applicants, and the public. The design guidelines shall not unreasonably discriminate between functionally equivalent service providers. The design guidelines, and any subsequent amendments, shall not be effective unless approved by a resolution adopted by the T)l ^--:* ^ ¡/-^**:^^: ^^r rd.r rr 1Ir rlí \-\_r.rt Lll llDrr(-,r r. 20. 21,. PAGE 7 OF RESOLUTION NO.201"8-1.1, 22.At any time during the effectiveness of this approval, the approval shall be revocable for cause in accordance with sections 32-4.18 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. APPROVED by the Danville Planning Commission at a regular meeting on October 9,2018 by the following vote: Bowles, Combs, Haberl, Havlik, Heusler, Radich, Verriere Graham Chairman APPROVED AS TO FORM: AYES: NOES: ABSTAIN: ABSENT: City Attorney PAGE 8 OF RESOLUTION NO. 2018-1.L None None