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STAFF REPORT |
Agenda Item #_____ |
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Project Title: |
Land Use Permit for the Continuing Operation of an Existing T-Mobile Wireless Telecommunications Facility |
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County File: |
CDLP25-02024 |
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Applicant/Owner: |
Isabel Chavez, Network Connex on behalf of T-Mobile West LLC (Applicant) / St. Lukes Evangelical Church (Owner) |
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Zoning/General Plan: |
R-20 Single-Family Residential District / RL Residential Low Density |
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Site Address/Location: |
2491 San Miguel Drive in the Walnut Creek area of unincorporated Contra Costa County (Assessor’s Parcel Number 183-290-010) |
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California Environmental Quality Act (CEQA) Status: |
Categorical Exemption - Class 1: CEQA Guidelines Section 15301(b), Existing Facility |
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Project Planner: |
Diana Lecca, Project Planner; (925) 655-2869 |
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diana.lecca@dcd.cccounty.us |
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Staff Recommendation: |
Approve (See Section II for Full Recommendation) |
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I. PROJECT SUMMARY
The applicant requests approval of a Land Use Permit for the continuing operation of an existing T-Mobile wireless telecommunications facility that was established under Land Use Permit CDLP04-02047. No modifications of the wireless facility are proposed.
II. RECOMMENDATION
Department of Conservation and Development, Community Development Division (CDD) staff recommends that the County Zoning Administrator:
A. FIND that the project is categorically exempt from CEQA under Section 15301(b) of the CEQA Guidelines.
B. APPROVE Land Use Permit CDLP25-02024 for the continuing operation of the existing T-Mobile wireless telecommunications facility, based on the attached findings and subject to the attached conditions of approval.
C. DIRECT Staff to file a Notice of Exemption with the County Clerk
III. GENERAL INFORMATION
A. General Plan: RL Residential Low Density.
B. Zoning: R-20 Single-Family Residential District.
C. California Environmental Quality Act (CEQA): Categorical Exemption - CEQA Guidelines, Section 15301(b), Existing Facility, Class 1 exemption for the operation of existing facilities used to provide public utility services.
D. Previous Applications:
1. CDLP04-02047: This Land Use Permit to establish a new unmanned wireless telecommunications facility for Cingular Wireless, on top of an existing Church steeple was approved by the Zoning Administrator on September 20, 2004 for a period of ten years to October 1, 2014. The approval included a variance to increase the height to 65 feet.
2. CDCV10-00019: This Compliance Review for minor equipment upgrades of the wireless facility approved under CDLP04-02047 was administratively approved on May 10, 2010.
3. CDCV11-00043: This Compliance Review for a minor modification to the existing T-Mobile equipment was administratively approved on November 1, 2011.
IV. SITE/ AREA DESCRIPTION
The project site is a 4.79-acre parcel located approximately 2 miles southeast of the Interstate 680 and State Route 24 interchange, within a residential area with primarily single-family residences surrounding the site. The property functions as a community-oriented site for St. Luke’s Evangelical Church (a.k.a. St. Luke’s Lutheran Church) and the Kid Time South preschool. The site has frontage on San Miguel Drive and includes two driveways that provide access onto the street. The site is the largest parcel in the vicinity, where most parcels range between a quarter and half acre in size.
The lot is relatively flat with a slight upward slope from San Miguel Drive towards the northwest. The site includes three separate buildings serving the church and the preschool. Aside from the church and preschool buildings, the site is largely developed with paved parking and landscaped areas. The church with the T-Mobile wireless telecommunications equipment is located on the southwestern corner of the parcel. The church stands at approximately 26 feet in height, with a steeple and cross that reaches 65 feet in height, as approved under the Land Use Permit CDLP04-02047. The existing T-Mobile wireless telecommunications tower is visible as part of the church steeple on top of the church.
V. PROJECT DESCRIPTION
The applicant requests approval of a Land Use Permit to allow the continuing operation of the existing T-Mobile wireless telecommunications facility that was established under Land Use Permit CDLP04-02047, which expired on October 1, 2014. There are no facility or lease area modifications proposed with this application. The current wireless telecommunications facility consists of the following:
• Three (3) antennas and ancillary equipment hidden within the church’s steeple reaching a maximum height of 60 feet.
• T-Mobile equipment cabinets and associated ground-mounted equipment within the 15’-0” by 10’-7” lease area.
VI. AGENCY COMMENTS
An Agency Comment Request packet was sent on August 25, 2025 to a number of public agencies, including the Building Inspection Division, the Contra Costa County Fire Protection District, Central Contra Costa Sanitary District, East Bay Municipal Utility District, and the Contra Costa Mosquito and Vector Control District. Agency comments received by staff are included in Attachment D. Following are summaries of the agency comments received.
A. East Bay Municipal Utility District: On August 26, 2025, the Utility District submitted an email stating that the District had no comments.
B. Central Contra Costa Sanitary District: On September 9, 2025, the Sanitary District submitted an email stating that the District had no comments.
C. Contra Costa County Fire Protection District: The Fire Protection District returned the Agency Comment Request form on September 26, 2025, with no comments.
VII. STAFF ANALYSIS
A. General Plan Consistency: The T-Mobile wireless telecommunications facility is located within a RL Residential Low Density General Plan land use designation. The RL designation is appropriate for low-density, predominantly single-family residential development, and typically includes detached single-family units on lots approximately 15,000 square feet to 1 acre in size and limited nonresidential uses that serve and support nearby homes. Small-scale agricultural activities may be compatible on larger lots. Pursuant to the Wireless Telecommunications Facilities Ordinance (Ordinance No. 2016-11), a wireless telecommunications facility may also be located within in a single-family residential designation, provided that this is a low-visibility facility. The facility also provides telecommunications service that would be compatible and consistent with other land uses in the Walnut Creek area. Allowing the continuing operation of the existing wireless telecommunications facility will not detract from the purpose and intent of the RL General Plan designation.
B. Zoning Compliance: The facility is located in a R-20 Single-Family Residential District. Allowable uses in the R-20 District include commercial radio and television receiving and transmitting facilities excluding broadcasting studios or business offices, with a valid land use permit (County Code Section 84-14.404(1)). With approval of the CDLP25-02024 application, the continuing operation of the existing T-Mobile wireless telecommunications facility, would be consistent with the R-20 District.
C. Wireless Telecommunications Facilities Ordinance: The T-Mobile wireless telecommunications facility is subject to the Wireless Telecommunication Facilities Ordinance (Ordinance No. 2016-11), which is codified as County Code Chapter 88-24. The Land Use Permit application is for the continuing operation of the existing wireless facility with no proposed modifications to the church steeple, antennas, ground-mounted and ancillary equipment, or to the existing 15’-0” by 10’-7” lease area. The application complies with the applicable requirements of County Code Section 88-24.614 for the discretionary approval of land use permit for a wireless facility.
D. Federal Communications Commission (FCC) Regulations: The Federal Communications Commission (FCC) has adopted radio frequency protection standards, which establish safety levels with respect to human exposure to radio frequency (RF) emissions. The standards prescribe limits for continuous exposure to RF emissions. As part of the submittal process, the applicant provided the Radio Frequency - Electromagnetic Energy (RF-EME) Compliance Report (GTA Global Technology Associates, September 1, 2024), which is a report to evaluate the RF emissions compared to the Maximum Permissible Exposure (MPE) limit for facilities at this location, pursuant to FCC regulations The RF report indicates that with the proposed signage mitigations implemented, the site will be in compliance with the current FCC MPE limits as described in FCC Occupational Exposure Limit-65. Thus, the wireless facility would be compliant with federal regulations pertaining to RF emissions.
E. Appropriateness of Use: The existing wireless telecommunications facility has been established on the project site since 2004. Staff is unaware of any nuisances arising from the operation of the existing wireless facility. Neither the steeple nor ground-mounted equipment display any type of advertising, and the wireless facility complies with the paint reflectivity and other aesthetic requirements of the prior CDLP04-02047 Permit. Conditions are included in the Conditions of Approval and Advisory Notes that require that the facility, equipment shelter, external accessory equipment, and antenna enclosure shall not be used for advertising for the life of the project and require maintenance of the external appearance of the wireless facility. Thus, continuing operation of this wireless facility would not be detrimental to surrounding land-use activities.
VIII. CONCLUSION
The continuing operation of the existing T-Mobile wireless telecommunications facility is consistent with the General Plan, the R-20 Single-Family Residential District, the Wireless Telecommunications Facilities Ordinance, and applicable FCC regulations. Staff recommends approval of Land Use Permit CDLP25-02024, based on the attached findings and subject to the attached conditions of approval.