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
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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
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