HomeMy WebLinkAbout2021-09 RESOLUTION NO. 2021-09
APPROVING LAND USE PERMIT REQUEST LUP21-0014 AND DEVELOPMENT
PLAN REQUEST DEV21-0014 ALLOWING THE INSTALLATION OF A DISH
WIRELESS COMMUNICATION FACILITY ON A 2.9-ACRE PARCEL. THE SITE IS
LOCATED WITHIN A TOW- IDENTIFIED SCENIC HILLSIDE AREA AT 246 EL
PINTO (APN: 197-100-042)
WHEREAS, DISH Wireless (Applicant) and Mark and Juanita Harrigan (Owners) have
requested approval of a Land Use Permit application to allow the installation of a wireless
communication facility on a 2.9 +/- acre site located within a Town-identified Scenic
Hillside area; and
WHEREAS, the subject site is located at 246 El 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 and Wireless
Communication Facilities Ordinance require approval of a Land Use Permit prior to the
establishment or operation of a wireless telecommunication facility; and
WHEREAS, the Town of Danville Scenic Hillside and Major Ridgeline Development
Ordinance requires approval of a Development Plan prior to development within a Town
identified Scenic Hillside area; and
WHEREAS, the project has been found to be Categorically Exempt from the requirements
of the California Environmental Quality Act (CEQA) Class 1, Section 15301; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
December 14, 2021; 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 LUP21-0014 and Development Plan request DEV21-0014 per the conditions
contained herein, and makes the following findings in support of this action:
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FINDINGS OF APPROVAL:
1. The land use will not be detrimental to the health, safety, and general welfare of the
Town because the proposed project is in compliance with the Wireless
Communication Facilities ordinance.
2. The land use will not adversely affect the orderly development of property within
the Town because the existing land use is located away from 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 2030
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 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.
6. The land use does 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. The existing
facility is barely visible from public view.
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.
1. This approval is for a Land Use Permit request (LUP21-0014) and
Development Plan request (DEV21-0014) allowing the installation of a
wireless telecommunication facility located at 246 El Pinto. Except as may be
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modified by the conditions contained herein, development shall be
substantially as shown on the project drawings prepared by XD Industries,
consisting of nine sheets, and dated received by the Planning Division on
November 3, 2021.
2. The applicant shall obtain a building permit from the Town’s Building
Division prior to installation of the new equipment.
* 3. 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.
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 $152.41 ($130 plus 27 notices X $0.83 per notice).
* 5. 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.
* 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. This Land Use Permit shall be valid for a time period of ten years and expires
on December 14, 2031. 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.
* 8. 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
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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.
9. 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.
10. 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 December 14,
2021 by the following vote:
AYES: Bowles, Ficken, Graham, Houlihan, Radich, Trujillo
NOES: None
ABSTAIN: None
ABSENT: Combs, Palandrani
_____________________________________
Chair
APPROVED AS TO FORM:
_______________________________ ______________________________________
City Attorney Chief of Planning
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