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HomeMy WebLinkAbout112525-04.3 PLANNING COMMISSION STAFF REPORT 4.3 TO: Chair and Planning Commission November 25, 2025 SUBJECT: Resolution No. 2025-09, approving Development Plan DEV25-0011 and Land Use Permit LUP25-0010 requests reapproving expired Land Use Permit DEV09-0048 to allow the continued operation of an existing unmanned wireless telecommunication facility located within a Town- identified Scenic Major Ridgeline area located at 246 El Pinto Road (APN: 197-100-042). DESCRIPTION The applicant requests approval of a Development Plan and Land Use Permit to allow for the continued use of a T-Mobile unmanned wireless telecommunication facility located at 246 El Pinto Road, also identified as Assessor’s Tax Parcel Number 197-100- 042. The facility was previously approved under Land Use Permit request DEV09-0048 approved on September 8, 2009, and a former expired Development Plan DP 95-37 and Land Use Permit LUP 95-21 requests granted on January 9, 1996. The latest Land Use Permit for the subject facility expired on September 8, 2019. The existing facility includes a generator, utility boxes, and battery cabinets located at the 190 +/- square foot base station in the north-eastern section of the site, as well as 2 non- tower wireless equipment support frames in the southern section of the site, each with 3 antennas and 2 radios. No modifications are being proposed to the equipment or lease area as part of this Land Use Permit. EVALUATION/ DISCUSSION Conformance with General Plan and Zoning District The General Plan Land Use Designation for the site is Residential – Country Estates. The site is zoned R-100; Single Family Residential District. Wireless telecommunication facilities are permitted in R-100 districts subject to approval of a Land Use Permit and in a Town-identified Scenic Hillside area subject to approval of a Development Plan. DEV25-0011 & LUP25-0010 246 El Pinto Rd. 2 November 25, 2025 Consistency with the Town’s Wireless Communication Facilities Ordinance The proposal is consistent with the development standards set forth in the Town’s Wireless Communication Facilities Ordinance. The existing wireless telecommunication base station and associated non-tower support structures are concealed with faux (artificial) tree foliage and are generally imperceptible from public view. Staff recommends that the Land Use Permit be approved for a period of ten (10) years, with the option for an extension by the Chief of Planning upon written request by the applicant, in accordance with standard procedures. All remaining recommended conditions of approval are consistent with the development standards set forth in the Town’s Wireless Communication Facilities Ordinance. These include: - A requirement to cooperate with future proposals for additional collocation; - A requirement to remove the facility within 30 days of the discontinuation of the use; and - A requirement that the existing wireless telecommunication equipment retain its natural color and remain concealed with artificial tree foliage to blend in appropriately with the natural tree aesthetics of the area. ENVIRONMENTAL REVIEW This project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA), Section 15301, Class 1, Existing Facilities. The proposed project does not propose any unusual characteristics resulting in any significant impacts relating to traffic, noise, air quality, or water quality. PUBLIC CONTACT Public notice of the November 25, 2025, hearing was mailed to property owners within 750 feet and posted online. A total of 29 notices were mailed to surrounding property owners. DEV25-0011 & LUP25-0010 246 El Pinto Rd. 3 November 25, 2025 RECOMMENDATION Adopt Resolution No. 2025-09, approving Development Plan DEV25-0011 and Land Use Permit LUP25-0010 requests to allow the continued operation of an existing unmanned wireless telecommunication facility within a Town-identified Major Ridgeline area, located at 246 El Pinto Road (APN: 197-100-042). Prepared by: Jessica Lam Assistant Planner Attachments: A – Resolution No. 2025-09 B – Public Notification, Notification Map, and Notification List C – Project Plans RESOLUTION NO. 2025-09 APPROVING DEVELOPMENT PLAN DEV25-0011 AND LAND USE PERMIT LUP25-0010 REQUESTS REAPPROVING EXPIRED LAND USE PERMIT DEV09- 0048 TO ALLOW THE CONTINUED OPERATION OF AN EXISTING UNMANNED WIRELESS TELECOMMUNICATION FACILITY WITHIN A TOWN-IDENTIFIED MAJOR RIDGELINE AREA LOCATED AT 246 EL PINTO ROAD (APN: 197-100-042) WHEREAS, T-Mobile Wireless has requested approval of Development Plan DEV25- 0011 and Land Use Permit LUP25-0010 requests to authorize the continued operation of an existing unmanned wireless telecommunication facility; and WHEREAS, the subject site is located is located at 246 El Pinto Road and further identified as Assessor’s Parcel Number 197-100-042; and WHEREAS, the site has an existing wireless telecommunication facility previously approved under Development Plan and Land Use Permit DEV09-0048 which expired on September 8, 2019; and WHEREAS, the Town of Danville Scenic Hillside and Major Ridgeline Development Ordinance require approval of a Development Plan prior to development within a Town identified Scenic Hillside area; and WHEREAS, the Town of Danville R-100; Single Family Residential District and Wireless Communication Facilities Ordinance require approval of a Land Use Permit for the establishment or operation of wireless communication facility; 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, Existing Facilities; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on November 25, 2025; 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; ATTACHMENT A PAGE 2 OF RESOLUTION NO. 2025-09 now, therefore, be it RESOLVED that the Planning Commission approves Development Plan DEV25-0011 and Land Use Permit LUP25-0010 requests per the conditions contained herein, and makes the following findings in support of this action: Development Plan Findings: 1. The land use will not be detrimental to the health, safety, and general welfare of the Town because the project is in compliance with the Wireless Communication Facilities Ordinance. 2. The applicant intends to obtain permits for construction within 18 months from the effective date of plan approval. 3. The proposed development will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of the surrounding neighborhood and community. Land Use Permit Findings: 1. The land use will not be detrimental to the health, safety, and general welfare of the Town because the 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 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. PAGE 3 OF RESOLUTION NO. 2025-09 6. 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. CONDITIONS OF APPROVAL: 1.This approval is for Development Plan (DEV25-0011) and Land Use Permit (LUP25-0010) requests allowing for the continued use of an existing T- Mobile wireless telecommunication facility in a Town-identified Scenic Hillside area, that was previously approved under expired Development Plan and Land Use Permit request DEV09-0048. Except as may be modified by the conditions contained herein, development shall be substantially as shown on the project drawings prepared and submitted by Network Connex, labeled “BA01251A PL251 ALAMO” consisting of five sheets, and received by the Planning Division on May 12, 2025. 2.The applicant shall pay or be subject to any and all Town and other related fees pertaining to the use associated with this Development Plan and 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. 3. The applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $163.52 ($138.00 plus 29 notices X $0.88). 4. The project shall be maintained as approved. Minor expansion or modifications in the design, but not the use, may be approved by the Planning Division under a separate Land Use Permit and/or Development Plan application. Any other change will require Planning Commission approval through the Land Use Permit and/or Development Plan review process. 5. Existing vegetation around and behind the base station and monopoles with 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. 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 Division 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 PAGE 4 OF RESOLUTION NO. 2025-09 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 Development Plan and Land Use Permit shall be valid for a time period of ten (10) years and expires on November 24, 2035. 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 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 existing equipment shall be modified to relocate all external wires into a conduit to improve the site’s visual appearance. These modifications shall be completed to the satisfaction of the Planning Division within six months of approval or this Land Use Permit shall be subject to revocation by the Town. 10. Antennas and all equipment shall be painted a non-reflective brown color to blend with the existing pole. The visual appearance of the equipment shall be maintained in their originally approved condition and be maintained in a state of good repair. 11. At any time during the effectiveness of this approval, the approval shall be revocable for cause in accordance with sections 32-4.15 through 32-4.22. 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. 12. Pursuant to Government Code section 66474.9, the applicant (including the applicant or any agent thereof) shall defend, indemnify, and hold harmless the Town of Danville and its agents, officers, and employees from any claim, action, or proceeding against the Town or its agents, officers, or PAGE 5 OF RESOLUTION NO. 2025-09 employees to attack, set aside, void, or annul, the Town's approval concerning this application, which action is brought within the time period provided for in Section 66499.37. The Town will promptly notify the applicant of any such claim, action, or proceeding and cooperate fully in the defense. APPROVED by the Danville Planning Commission at a regular meeting on November 25, 2025, by the following vote: AYES: NOES: ABSTAINED: ABSENT: _____________________________ CHAIR APPROVED AS TO FORM: _______________________________ ______________________________ CITY ATTORNEY CHIEF OF PLANNING NOTICE OF A PUBLIC HEARING Danville Planning Commission Meeting Tuesday, November 25, 2025, at 5:00 p.m. | Town Meeting Hall, 201 Front Street Project Name: T-Mobile Wireless Communication Facility at 246 El Pinto Road Case File Nos.: DEV25-0011, LUP25-0010 Location: 246 El Pinto Road | APN: 197-100-042 Description: Development Plan DEV25-0011 and Land Use Permit LUP25-0010 requests reapproving expired Land Use Permit DEV09-0048 to allow the continued operation of an existing unmanned wireless telecommunication facility located within a Town-identified Scenic Hillside area. Environmental Review: This project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA), Section 15301, Class 1, Existing Facilities. Property Owner: Mark H. Harrigan & Juanita L. Harrigan 246 El Pinto Road Danville, CA 94526 Applicant: Network Connex (agent on behalf of T-Mobile) 655 N Central Ave., Suite 1520 Glendale, CA 91203 Staff Contact: Jessica Lam, Assistant Planner (925) 314-3337 Jlam@danville.ca.gov All interested persons are encouraged to attend and be heard at the scheduled public hearing at 5:00 p.m. on Tuesday, November 25, 2025, at the Town Meeting Hall at 201 Front Street, Danville, CA.   NOTE: If you challenge the Town’s decision on this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Town at, or prior, to the public hearing. ATTACHMENT B In compliance with the Americans with Disabilities Act, the Town of Danville will provide special assistance for disabled citizens.  If you need special assistance to participate in this meeting, please contact the City Clerk (925) 314-3401.  Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. [28CFR 35.102-35.104 ADA Title II] Vicinity Map and Hearing Notice Boundary 246 El Pinto Road To view the plans for the proposed project, please visit our Development Activity Map, which is available on our website or by scanning the QR code above. PROJECT SITE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 A B C D E APN NAME ADDRESS CITY-STATE ZIP 197110031 GRAME MICHAEL R & RITU 1038 LA GONDA WAY DANVILLE CA 94526 197110033 SWANN GEORGIA C TRE 1040 LA GONDA WAY DANVILLE CA 94526 197110034 CORNWALL KENNETH & NICOLE TRE 1044 LA GONDA WAY DANVILLE CA 94526 197110042 932 LA GONDA LLC 1355 WILLOW WAY SUITE 250 CONCORD CA 94520 197100051 RAI SARANPAL S & NAVINDER 215 EL PINTO DANVILLE CA 94526 197100050 NG RAMFORD 225 EL PINTO DANVILLE CA 94526 197120029 ELABD ALAN 23 RAILROAD AVE UNIT 1224 DANVILLE CA 94526 197100049 CARTER SHARON N CRAIG TRE 235 EL PINTO DANVILLE CA 94526 197100019 SPIES BRENDA 240 EL PINTO DANVILLE CA 94526 197100020 NGUYEN JOHN CONG TRE 242 EL PINTO DANVILLE CA 94526 197100042 HARRIGAN MARK H & JUANITA TRE 246 EL PINTO DANVILLE CA 94526 197120020 INMAN-SEMERAU LUKE & LAUREN 260 EL PINTO DANVILLE CA 94526 197120021 ABU-GHABEN HAYSAM G 270 EL PINTO DANVILLE CA 94526 197120027 PUNIA SURENDER PAL SINGH TRE 289 EL PINTO DANVILLE CA 94526 197120012 SINGH SATVEER & STEPHANIE 291 EL PINTO DANVILLE CA 94526 197120019 WILSON STEPHEN & MICHELLE TRE 303 EL ALAMO DANVILLE CA 94526 197120022 PUROHIT NIKHIL & NANDA 315 EL PINTO DANVILLE CA 94526 197050030 ALAMO SPRINGS OWNERS ASSN 317 LENNON LN #200 WALNUT CREEK CA 94598 197050029 SEENO ALBERT D III TRE 3240 STONE VALLEY RD W #2 ALAMO CA 94507 197120017 NELSON BROOKS P 425 EL ALAMO DANVILLE CA 94526 197120016 MARQUES MANUEL & TRISHA 429 EL ALAMO DANVILLE CA 94526 197100052 ANAND HARMEET TRE 5560 BOSCELL CMN FREMONT CA 94538 197120025 HARRIGAN MARK H 577 AIRPORT BLVD BURLINGAME CA 94010 197100055 SHAN AAMIR ALI & NADIA TRE 898 EL PINTADO RD DANVILLE CA 94526 197100054 DHALIWAL PRITPAL SINGH 910 EL PINTADO RD DANVILLE CA 94526 197110020 KETELES ARLEEN I & BRETT M TRE 916 LA GONDA WAY DANVILLE CA 94526 197110039 RUIZ JULIO J F J 944 LA GONDA WAY DANVILLE CA 94526 197110040 HOLDER ANTHONY E & NATALIE P 968 LA GONDA WAY DANVILLE CA 94526 197082021 EAST BAY REGIONAL PARK DIST PO BOX 5381 OAKLAND CA 94605 655 N. CENTRAL AVE., #1520 GLENDALE, CA 91203 OFFICE: (818) 840-0808 FAX: (818) 840-0708 655 N. CENTRAL AVE., #1520 GLENDALE, CA 91203 OFFICE: (818) 840-0808 FAX: (818) 840-0708BA01251APL251 ALAMO 0ZONING(CUP RENEWAL)Stick Together T-1TITLE SHEETPROJECT AREAPROJECT AREA SI T E N U M B E R : SI T E N A M E : SI T E T Y P E : CI T Y : CO U N T Y : JU R I S D I C T I O N : GENERAL LOCATION MAP BA 0 1 2 5 1 A GU Y E D T O W E R DA N V I L L E CO N T R A C O S T A PR O J E C T T E A M VICINITY MAP DR A W I N G I N D E X T- 1 A- 1 TI T L E S H E E T EX I S T I N G O V E R A L L S I T E P L A N A- 2 EX I S T I N G E Q U I P M E N T A N D A N T E N N A L A Y O U T P L A N S A- 3 EX I S T I N G E L E V A T I O N CO D E C O M P L I A N C E AC C E S S I B I L I T Y R E Q U I R E M E N T S CU P R E N E W A L TO W N O F D A N V I L L E DRIVING DIRECTION S A C / Z O N I N G / P E R M I T T I N G : PR O J E C T S U M M A R Y SI T E A D D R E S S : PR O P E R T Y O W N E R C O N T A C T : AP P L I C A N T : BU I L D I N G S U M M A R Y LE G A L D E S C R I P T I O N PR O J E C T D E S C R I P T I O N PR I N T N A M E SI G N A T U R E DA T E AP P R O V A L UT I L I T Y P U R V E Y O R LA T I T U D E / L O N G I T U D E PL 2 5 1 A L A M O EX I S T I N G E N L A R G E D S I T E P L A N A- 4 ATTACHMENT C 655 N. CENTRAL AVE., #1520 GLENDALE, CA 91203 OFFICE: (818) 840-0808 FAX: (818) 840-0708 655 N. CENTRAL AVE., #1520 GLENDALE, CA 91203 OFFICE: (818) 840-0808 FAX: (818) 840-0708BA01251APL251 ALAMO 0ZONING(CUP RENEWAL)Stick Together A-1EXISTING OVERALL SITE PLAN EX I S T I N G O V E R A L L S I T E P L A N 1N D O N A L D D . D O Y L E H W Y E L P I N T O R D 655 N. CENTRAL AVE., #1520 GLENDALE, CA 91203 OFFICE: (818) 840-0808 FAX: (818) 840-0708 655 N. CENTRAL AVE., #1520 GLENDALE, CA 91203 OFFICE: (818) 840-0808 FAX: (818) 840-0708BA01251APL251 ALAMO 0ZONING(CUP RENEWAL)Stick Together A-2EXISTING ENLARGED SITE PLAN EX I S T I N G E N L A R G E D S I T E P L A N 1N 655 N. CENTRAL AVE., #1520 GLENDALE, CA 91203 OFFICE: (818) 840-0808 FAX: (818) 840-0708 655 N. CENTRAL AVE., #1520 GLENDALE, CA 91203 OFFICE: (818) 840-0808 FAX: (818) 840-0708BA01251APL251 ALAMO 0ZONING(CUP RENEWAL)Stick Together A-3EXISTING EQUIPMENT AND ANTENNA LAYOUT PLANS 1 EX I S T I N G A N T E N N A L A Y O U T P L A N N EX I S T I N G E Q U I P M E N T L A Y O U T P L A N 2 N 655 N. CENTRAL AVE., #1520 GLENDALE, CA 91203 OFFICE: (818) 840-0808 FAX: (818) 840-0708 655 N. CENTRAL AVE., #1520 GLENDALE, CA 91203 OFFICE: (818) 840-0808 FAX: (818) 840-0708BA01251APL251 ALAMO 0ZONING(CUP RENEWAL)Stick Together A-4EXISTINGELEVATION 1 EX I S T I N G S O U T H E A S T E L E V A T I O N