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Home My WebLink About2025-11 RESOLUTION NO. 2025-11 APPROVING LAND USE PERMIT LUP25-0023 REQUEST REAPPROVING EXPIRED LAND USE PERMIT DEV09-0017 TO ALLOW THE CONTINUED OPERATION OF AN EXISTING UNMANNED WIRELESS TELECOMMUNICATION FACILITY IN THE PUBLIC RIGHT-OF-WAY LOCATED AT 400 W. EL PINTADO ROAD (APN: 196-190-037) WHEREAS, T-Mobile Wireless has requested approval of Land Use Permit request LUP25-0023 to allow the continued operation of existing panel antennas on an existing utility pole in the public right-of-way and an existing base station located at 400 W. El Pintado Road; and WHEREAS, the subject site is located within the parcel and within the adjacent right-of- way at 400 W. El Pintado Road, further identified as Assessor’s Parcel Number 196-190- 037; and WHEREAS, the site has an existing wireless telecommunication facility previously approved under Land Use Permit DEV09-0017 which expired on April 28, 2019; and WHEREAS, the Town of Danville O-1; Commercial Limited Office 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; now, therefore, be it RESOLVED that the Planning Commission approves Land Use Permit request LUP25- 0023 per the conditions contained herein, and makes the following findings in support of Docusign Envelope ID: D2FD4420-69E6-4D4F-9118-86C4D73DC916 PAGE 2 OF RESOLUTION NO. 2025-11 this action: 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 because the existing antennas are mounted on an existing utility pole and the existing base station is located within an enclosed structure, all facilities are generally imperceptible from public view. 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. 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 Land Use Permit request LUP25-0023 allowing the continued use of an existing T-Mobile wireless telecommunication facility, that was previously approved under expired Land Use Permit request DEV09-0017. 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 “BA01361A PL361 JPA WEST EL PINTADO,” consisting of four sheets, and received by the Planning Division on July 10, 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 Docusign Envelope ID: D2FD4420-69E6-4D4F-9118-86C4D73DC916 PAGE 3 OF RESOLUTION NO. 2025-11 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 $298.16 ($138.00 plus 182 notices X $0.88). 4. The existing panel antennas shall be painted in a non-reflective, natural color. The antennas and base station shall be maintained in a state of good repair. 5. The location and scale of facility 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 application. Any other change will require Planning Commission approval through the Land Use Permit review process. 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 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 (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 Docusign Envelope ID: D2FD4420-69E6-4D4F-9118-86C4D73DC916 PAGE 4 OF RESOLUTION NO. 2025-11 days prior to the vacation. 9.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. 10.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 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: Bowles, Combs, Graham, Halker, Maddalon, Palandrani, Radich, Trujillo NOES: None _____________________________ CHAIR ______________________________ ABSTAINED: None ABSENT: None APPROVED AS TO FORM: _______________________________ CITY ATTORNEY CHIEF OF PLANNING Docusign Envelope ID: D2FD4420-69E6-4D4F-9118-86C4D73DC916