HomeMy WebLinkAbout2025-10RESOLUTION NO. 2025-10
APPROVING DEVELOPMENT PLAN DEV25-0016 AND LAND USE PERMIT
LUP25-0021 REQUESTS REAPPROVING EXPIRED LAND USE PERMIT
DEV09-0055 TO ALLOW THE CONTINUED OPERATION OF AN EXISTING
UNMANNED WIRELESS TELECOMMUNICATION FACILITY WITHIN A
TOWN-IDENTIFIED SCENIC HILLSIDE AREA LOCATED AT 1151 DIABLO
ROAD (APN 202-050-085)
WHEREAS, T-Mobile Wireless has requested approval of Development Plan DEV25-
0016 and Land Use Permit LUP25-0021 requests to authorize the continued operation of
an existing unmanned wireless telecommunication facility; and
WHEREAS, the subject site is located is located at 1151 Diablo Road and further
identified as Assessor’s Parcel Number 202-050-085 (formerly 202-050-079); and
WHEREAS, the site has an existing wireless telecommunication facility previously
approved under Development Plan and Land Use Permit DEV09-0055 which expired on
September 22, 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 P-1; Planned Unit Development 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;
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now, therefore, be it
RESOLVED that the Planning Commission approves Development Plan DEV25-0016
and Land Use Permit LUP25-0021 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.
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
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the type of facility which could be installed.
CONDITIONS OF APPROVAL:
1. This approval is for Development Plan (DEV25-0016) and Land Use Permit
(LUP25-0021) 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 DEV09-0055. 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 “BA01280A DANVILLE/DIABLO AT MCCAULEY”
consisting of five 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
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 $258.56
($138.00 plus 137 notices X $0.88).
4. The three existing antenna support poles shall be covered and concealed
with artificial tree foliage to reduce visual impacts on the site and to better
blend in with the natural tree aesthetics of the area.
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 and/or
Development Plan application. Any other change will require Planning
Commission approval through the Land Use Permit and/or Development
Plan review process.
6. Existing vegetation around and behind the base station and antenna
support poles 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 Division under a separate Land Use Permit
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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.
8. This Development Plan and Land Use Permit shall be valid for a time
period of ten (10) years and expires on November 25, 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. Pursuant to Government Code section 66474.9, the applicant (including the
applicant or any agent thereof) shall defend, indemnify, and hold harmless
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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
ABSTAINED: None
ABSENT: None
_____________________________
CHAIR
APPROVED AS TO FORM:
_______________________________ ______________________________
CITY ATTORNEY CHIEF OF PLANNING
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