HomeMy WebLinkAbout2018-08RESOLUTION NO. 201.8-08
APPROVING LAND USE PERMIT REQUEST LUP17-0035 ALLOWING THE
INSTALLATION OF A WIRELESS COMMUNICATION FACILITY
ON AN EXISTING JOINT UTILITY POLE
WHEREAS, EPIC WIRELESS on behalf of VERIZON WIRELESS has requested approval
of a Land Use Permit request (LUP17-0035) to allow the installation of a wireless
communication facility; and
WI{EREAS, the facility woulci. be on an existing joint utiiity poie locateci withinthe pu'niic
right-of-way on the north side of Camino Tassajara approximately 225 feet east of
Gatetree Drive; and
WHEREAS, the project has been found to be Categorically Exempt from the requirements
of the California Environmental Quality Act (CEQA), Section 15301, Class 1: and
WHEREAS, the Planning Commission did review the project at a noticed public hearing
on October 23,2018; 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 requesÇ and
WHEREAS, the Planning Commission did hear and consider all reports,
recofiunendations, 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 LUP17-0035 per the conditions contained herein, and makes the following
findings in support of this action:
FINDINGS OF APPROVAL
The proposed wireless facility complies with all applicable development
standards in section 32-70.7 of Town Ordinance 2018-07 (Wireless Communication
Facilities) and the applicable provisions in the Town's Design Guidelines
(Resolution No. 75-2018).
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The applicant has demonstrated that its proposed wireless facility will be in
compliance with all applicable FCC regulations and guidelines for human
exposure to RF emissions as detailed in the Radio Frequency report for the facility
prepared by Hammett & Edison, Inc. dated June 1, 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.
The nroiect is locatecl r-,r-¡ithin an existinq r¡.¡irele-es site and includes a desisn^^'- r^-r- -"^"'^"o
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 ordefly development of property within
the Town because the existing land use is located away from the property lines
adjacent to neighboring residential developments.
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 Plan 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 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.
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.
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PAGE 2 OF RESOLUTION NO.2018.08
11,.The Planning Commission has made all the findings required for a Land Use
Permit in accordance with Danville Municipal Code 32-3.5.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk 7't"') inthe 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. trach- item is subject to review a-n-cl- a-pproval
by the Planning Division unless otherwise specified.
This approval is for a Land Use Permit request LUP17-0035 allowing the
installation of a wireless communication facility on an existing joint utility
pole within the public right-of-way on the north side of Camino Tassajara,
approximately 225 Íeet east of Gatetree Drive. The proposed "small cell"
facility consists of the placement of panel antennas contained within a four-
foot tall radome on top of the pole, and the mounting of related equipment
on the lower portion of the pole.'Except as may be modified by the
conditions contained herein, development shall be substantially as shown
on the project drawings prepared by Epic Wireless Group, consisting of 13
sheets, and dated received by the Planning Division on November 10, 2017.
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.
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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 fi748.56 ($130 plusl,44notices X $0.83 per notice X
3 notifications).
This Land Use Permit shall be valid for a time period of ten years and
expires on October 23,2028. 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.
PAGE 3 OF RESOLUTION NO. 2018-08
tr 5 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 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.
'ì-lro r¡icrrql annoqrq-.o nf +hp an{-pnnac qhqll hc rneintqit'toà in their
originally approved condition and be maintained in a state of good repair.
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 must include signage that accurately identifies the
equipment owner/operator, the owner/operator'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 Towru
required by law or recoÍunended under FCC or other United States
goverrunental agencies for compliance with RF emissions regulations.
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.
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PAGE 4 OF RESOLUTION NO. 2018-08
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CITY ATTORNEY
1'l...At any time during the effectiveness of this approval, the approval shall be
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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 23,
2018, by the following vote:
AYES: Combs, Graham, Haberl, Havlik, Fleusler, Radich
NOES:
ABSTAINED:
ABSENT: Bowles, Verriere
APPROVED AS TO FORM:ATTEST:
The wireless facilities shall be designed and sited in compliance with all
applicable federal, state and local laws, regulations, rules, resfrictions 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.
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PAGE 5 OF RESOLUTION NO. 2018-08
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