HomeMy WebLinkAbout2023-10
RESOLUTION NO. 2023-10
APPROVING LAND USE PERMIT REQUEST LUP23-0023 REAPPROVING
EXPIRED LAND USE PERMIT DEV11-0055 AUTHORIZING THE CONTINUED
OPERATION OF AN UNMANNED WIRELESS TELECOMMUNICATION
FACILITY AT 3500 BLACKHAWK ROAD, WHICH IS LOCATED WITHIN A
TOWN-IDENTIFIED SCENIC HILLSIDE AREA (APN 215-080-023).
WHEREAS, Andrew Lesa, Epic Wireless acting on behalf of AT&T Mobility (Applicant)
and Winandjul LLC (Owner) have requested approval of Land Use Permit request LUP23-
0023 to authorize the continued operation of an unmanned wireless telecommunication
facility; and
WHEREAS, the subject site is located at 3500 Blackhawk Road and is further identified as
Assessor’s Parcel Number 215-080-023; and
WHEREAS, the site has an existing AT&T wireless telecommunication facility previously
approved under Development Plan and Land Use Permit DEV11-0055 which expired on
September 13, 2021; and
WHEREAS, Land Use Permit request LUP 91-29 and Development Plan DP 91-38 were
approved at the subject location under Planning Commission Resolution No. 91-51 on
November 26, 1991 for the construction of a Cellular One communications facility located
within a Town-identified Scenic Hillside area; and
WHEREAS, the Town of Danville P-1; Planned Unit Development 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
September 12, 2023; and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHEREAS, the Planning Commission did hear and consider all reports, recommendations,
DocuSign Envelope ID: 256A7A86-B957-4C99-8C33-E8B821341E63
PAGE 2 OF RESOLUTION NO. 2023-10
and testimony submitted in writing and presented at the hearing; now, therefore, be it
RESOLVED that the Planning Commission approves Land Use Permit request LUP23-0023
subject to the conditions contained herein, and make the following findings in support of
this action:
Findings of Approval - Land Use Permit:
1. The land use will not be detrimental to the health, safety, and general welfare of the
Town because the existing 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.
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 Danville
2030 General Plan as the Zoning Ordinance was written 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 as the facility is unmanned, the facility does not
generate a significant level of noise, and it provides a greater service area for
wireless communication users.
6. The land use will not encourage marginal development within the neighborhood as
the Wireless Communication Ordinance was written 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.
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
approval of the land use permit for the project. Each item is subject to review and approval
by the Planning Division unless otherwise specified.
DocuSign Envelope ID: 256A7A86-B957-4C99-8C33-E8B821341E63
PAGE 3 OF RESOLUTION NO. 2023-10
A. GENERAL
1. This approval is for Land Use Permit request LUP23-0023 reapproving
expired Land Use Permit DEV11-0055 authorizing the continued operation of
an unmanned wireless telecommunication facility at 3500 Blackhawk Road.
Except as may be modified by these conditions of approval, development
shall be substantially as shown on the project drawings as follows:
a. Site plans, elevations, and antenna plan labeled “Blackhawk 2 –
Blackhawk Road,” as prepared by MST Architects, consisting of 17
sheets, dated received by the Planning Division on August 3, 2023.
2. Prior to issuance of the land use permit the applicant shall reimburse the
Town for notifying surrounding residents. The fee shall be $149.92 ($130
plus 24 notices x $0.83 per notice).
* 3. The applicant shall obtain a building permit from the Town’s Building
Division prior to installation of new equipment.
* 4. The applicant shall pay or be subject to any and all Town and other related
fees pertaining to the use associated with this Land Use Permit. 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.
* 5. The project shall be maintained as approved. Minor modifications to 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.
6. Existing vegetation surrounding the antennas shall be maintained in a
healthy growing manner and shall be maintained at a height at least equal to
the height of the antennas.
* 7. 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.
DocuSign Envelope ID: 256A7A86-B957-4C99-8C33-E8B821341E63
PAGE 4 OF RESOLUTION NO. 2023-10
8.This Land Use Permit shall be valid for a time period of ten years and expires
on September 12, 2033. 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 Use Permit 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.
* 9. All equipment associated with the 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 the site a minimum of 30
days prior to the vacation.
10.All equipment shall be painted a non-reflective color to blend with the
surrounding environment. The visual appearance of all equipment shall be
maintained in their approved condition.
* 11. 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.
APPROVED by the Danville Planning Commission at a regular meeting on September 12,
2023, by the following vote:
AYES: Bowles, Combs, Graham, Mintz, Palandrani, Radich, Trujillo
NOES: None
ABSTAINED: None
ABSENT: Houlihan
_____________________________
CHAIR
APPROVED AS TO FORM:
_______________________________ ______________________________
CITY ATTORNEY CHIEF OF PLANNING
DocuSign Envelope ID: 256A7A86-B957-4C99-8C33-E8B821341E63