HomeMy WebLinkAbout2026-03
RESOLUTION NO. 2026-03
APPROVING LAND USE PERMIT REQUEST LUP25-0034
REAPPROVING EXPIRED LAND USE PERMIT DEV10-0030 TO ALLOW
THE CONTINUED OPERATION OF AN EXISTING UNMANNED
WIRELESS TELECOMMUNICATION FACILITY IN THE PUBLIC
RIGHT-OF-WAY LOCATED AT THE INTERSECTION OF SYCAMORE VALLEY
ROAD AND TUNBRIDGE ROAD (APN: N/A)
WHEREAS, NETWORK CONNEX for T-Mobile Wireless (Applicant) has requested
approval of Land Use Permit request LUP25-0034 to allow the continued operation of a
wireless telecommunication facility; and
WHEREAS, the subject site is located within the public right-of-way at the northwest
corner of Sycamore Valley Road and Tunbridge Road ; and
WHEREAS, the site has an existing wireless telecommunication facility previously
approved under Land Use Permit DEV10-0030 which expired on April 27, 2020; 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 a 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 January 27, 2026; 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-
0034 per the conditions contained herein, and makes the following findings in support of
this action:
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PAGE 2 OF RESOLUTION NO. 2026-03
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 LUP25-0034 allowing the
continued use of an existing T-Mobile wireless telecommunication facility,
that was previously approved under expired Land Use Permit request
DEV10-0030. 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
“BA01274A SYCAMORE PG&E TOWER,” consisting of six sheets, and
received by the Planning Division on November 26, 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
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PAGE 3 OF RESOLUTION NO. 2026-03
issuance of said permit.
3. The applicant shall reimburse the Town for costs associated with notifying
surrounding residents of the public hearing. The fee shall be $289.36
($138.00 plus 172 notices X $0.88).
4. The antennas, base station, and all associated facilities shall be continuously
maintained in a state of good repair. The existing metal screen component
at the base station shows corrosion and general wear which shall be cleaned
and repainted in a non-reflective, natural color to the satisfaction of the
Town.
5. All wiring and cabling associated with the wireless telecommunication
facility shall be properly secured, enclosed, and organized. Exposed, loose,
or disorderly wiring is not permitted.
6. Maintenance vehicles are not permitted to park on Sycamore Valley Road
or in the bike lane when servicing the subject telecommunication facility.
Vehicles associated with any future maintenance of the site shall park on
Tunbridge Road.
7. 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.
8. 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.
9. This Land Use Permit shall be valid for a time period of ten (10) years and
expires on January 27, 2036. 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
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Commission for consideration and action.
10. 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.
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
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 January 27,
2026, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_____________________________
CHAIR
APPROVED AS TO FORM:
______________________________ ______________________________
CITY ATTORNEY CHIEF OF PLANNING
Bowles, Combs, Graham, Halker, Palandrani, Radich, Trujillo
None
None
None
Docusign Envelope ID: 79155E52-7740-490E-997C-4A96C292DDF6