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Project Title: |
Continued Operation of an Existing Vertical Bridge Wireless Telecommunications Facility |
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County File: |
Land Use Permit #CDLP26-02018 |
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Applicant/Owner: |
Isabel Chavez, Network Connex for Vertical Bridge (Applicant) / Robert and Alice Maestretti (Owners) |
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Zoning/General Plan: |
A-40 Exclusive Agricultural District / AC Agricultural Core |
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Site Address/Location: |
1875 Payne Avenue in the unincorporated Brentwood area of Contra Costa County (Assessor’s Parcel Number: 010-180-023) |
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California Environmental Quality Act (CEQA) Status: |
Categorical Exemption - Class 1: CEQA Guidelines Section 15301(b), Existing Facilities |
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Project Planner: |
Allison Seoane, Project Planner (925) 655-2871 |
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Allison.Seoane@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 application for the continued operation of an existing Vertical Bridge wireless telecommunications facility with the existing carrier Verizon that was established under Land Use Permit CDLP16-02005. No modifications to 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 #CDLP26-02018 for the continued operation of the existing Vertical Bridge 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: AC Agricultural Core.
B. Zoning: A-40 Exclusive Agricultural District.
C. California Environmental Quality Act (CEQA) Compliance: Categorical Exemption - CEQA Guidelines, Section 15301(b), Existing Facilities, Class 1 exemption for existing facilities of investor-owned utilities providing electrical, gas, sewage, and other utility services.
D. Previous Applications:
1. CDMS77-00203: A two-lot Minor Subdivision of an 18.88-acre agricultural parcel was approved by the Zoning Administrator on October 17, 1977. Parcel B of this minor subdivision is the 9.44-acre project site.
2. CDLP79-02106: A Land Use Permit for a temporary caretaker’s mobile home was approved by the Zoning Administrator on January 30, 1980.
3. CDLP84-02093: A Land Use Permit for the continued use of a temporary caretaker’s mobile home was approved by the Zoning Administrator on April 23, 1984.
4. CDRZ93-03005: A County-initiated rezone of approximately 11,644 acres of land, including the subject lot’s rezone from A-2 to A-40, was approved by the Board of Supervisors on January 25, 1994.
5. CDLP16-02005: A Land Use Permit for Verizon to establish a wireless telecommunications facility consisting of 9 antennas, 15 remote radio units (RRUs), and ancillary equipment within a 71-foot-tall faux water tank and ground level equipment consisting of a backup diesel generator, 4 cabinets, 2 GPS antennas, and ancillary equipment within the fenced lease area was approved by the Zoning Administrator effective on July 29, 2016, for a time period of 10 years to July 29, 2026.
6. CDLP16-02020: A Land Use Permit for the continued use of a temporary caretaker’s mobile home was denied by the Zoning Administrator on September 19, 2016.
7. CDCV16-00092: A Compliance Review to confirm that the Conditions of Approval of CDLP16-02005 were complied with was approved on April 25, 2017.
8. BIMP17-000259: A building permit to convert a temporary mobile home into a permanent single-family residence was issued on February 2, 2017. Final inspections were approved on November 2, 2017.
9. CDWM21-00013: A Minor Alteration Permit for the existing Verizon facility to relocate existing antennas, install 3 new antennas, remove 6 RRUs, install 3 new RRUs, remove 2 cabinets, and install new ancillary equipment was approved by the Zoning Administrator on June 23, 2021. This approval was inclusive of a 3-year Compliance Review.
10. BIPVC23-002535: A building permit to construct a solar canopy within the fenced lease area of the Verizon facility was issued on October 2, 2024. Final inspections were approved on June 26, 2025.
IV. SITE/AREA DESCRIPTION
The project site is located off Payne Avenue, adjacent to the former Union Pacific Railroad lines, and near the intersection of Sellers Avenue and Brentwood Boulevard in the unincorporated Brentwood area of Contra Costa County. The 9.44-acre trapezoidal parcel is currently developed with a single-family residence, a barn, a septic area, and a Vertical Bridge wireless telecommunications facility. The facility consists of ground equipment and a solar array located within the fenced lease area, and antenna and radio equipment located within a 71-foot-tall faux water tank within the lease area. An access road is paved for the first 50-feet of access measured from the edge of the pavement of Payne Avenue into the property, and the remainder of the access road is gravel. The access road leads to the fenced lease area, which contains locks to limit public access to the site.
The property is in a rural area of unincorporated Brentwood directly surrounded by other properties that are predominantly open space or used for agricultural purposes. Within half a mile of the project site are residential neighborhoods and retail uses in the City of Brentwood as well as a property serving the East Contra Costa Irrigation District. Due to the flat topography of the parcel, the equipment is shielded by the faux water tower and the gated fence whose slats match the color of the grass on the property.
V. PROJECT DESCRIPTION
This is a land use permit request to allow the continued operation of a Vertical Bridge wireless telecommunications facility that had been operating under Land Use Permit CDLP16-02005 that expired on July 29, 2026. As shown in Attachment C, the facility includes a 20’ wide non-exclusive access and utility easement leading to a 1,600 square-foot fenced lease area consisting of a 71-foot-tall faux water tower containing 9 antennas, 9 radio units, and 2 surge suppressors, as well as ground level equipment consisting of 2 equipment cabinets, 1 diesel generator, 1 step-down transformer, 1 H-frame containing a surge suppressor and a security light, 1 H-frame containing 1 wireless AAV box, 1 wireless telco box, 1 wireless PPC box, 1 wireless meter panel, and 2 security lights, 1 ice-bridge cable tray containing 1 GPS antenna, and a solar canopy with associated equipment on a separate H-frame.
VI. AGENCY COMMENTS
An Agency Comment Request packet was sent on June 24, 2026, to a number of public agencies, including the Building Inspection Division, the Telecom Planner, the Environmental Health Division of Contra Costa Health, and the Contra Costa Fire Protection District. Agency comments received by staff are included in Attachment F. Following are summaries of the agency comments received.
A. Contra Costa Fire Protection District: In a memo dated July 17, 2026, the Fire Protection District stated that they have no comments.
VII. STAFF ANALYSIS AND DISCUSSION
A. General Plan: The Vertical Bridge wireless telecommunications facility is located within the AC Agricultural Core General Plan land use designation. The purpose of the AC land use designation is to preserve agricultural production. As the wireless telecommunications facility is existing, only accounts for 1,600 square-feet out of the 9.44-acre lot allowing for the ability of the property to be primarily used for agriculture, and provides telecommunications services to nearby agriculturally designated properties, this use is consistent with the AC designation.
The Conservation, Open Space, and Working Lands Element of the General Plan identifies one State-Eligible Scenic Highway and several nearby County-designated scenic routes, Brentwood Boulevard, Sellers Avenue, Payne Avenue, Concord Avenue, and Walnut Boulevard; however, all antenna equipment is located within a 71-foot-tall faux water tower which is conditioned to remain. Further, all ground level equipment is located behind a chain link fence whose slats are conditioned to be a tan color that camouflages with the surrounding fields. Therefore, the project is conditioned to rejuvenate the camouflaging requirements of the Verizon/Vertical Bridge facility and maintain them throughout the life of the facility.
In the General Plan Health and Safety Element, Contra Costa County’s land use compatibility standards state that within agricultural land uses, a normally acceptable noise level ranges from 0 to 70 decibels. The existing diesel generator emits noise at a level of 68 decibels as measured from 23 feet. As the nearest residence is further than 23 feet away from the generator, there will not be a negative impact. As such, the project will continue to be compatible with the policies of the General Plan.
The project site is outside the Urban Limit Line (ULL). The purpose of the ULL is to:
1) Enhance preservation of identified non-urban agriculture and open space; and
2) Facilitate enforcement of the 65/35 Land Preservation Standard.
The project does not require the extension of any utilities that could be considered growth inducing (e.g., sewer and water). Therefore, the project does not conflict with the County’s adopted ULL and enforcement of the 65/35 Land Preservation Standard.
B. Zoning: The project site is located within the A-40 Exclusive Agricultural District. The A-40 District allows commercial radio and television receiving and transmitting facilities, excluding broadcasting studios or business offices, with a valid land use permit (Section 84-40.404(1) of the County Ordinance Code). With approval of Land Use Permit #CDLP26-02018, the continued operation of the Vertical Bridge wireless telecommunications facility complies with the zoning district. Also, all lease areas for this facility are located outside of any required yard setbacks for the A-40 District.
C. Wireless Telecommunications Facilities Ordinance: The subject wireless telecommunications facility was first established under Land Use Permit CDLP16-02005, which expired on July 29, 2026. Pursuant to County Code Section 88-24.620(a), a land use permit or other discretionary approval issued prior to the enactment of Chapter 88-24 may be renewed in accordance with the requirements in effect at the time the discretionary approval was issued, provided that an application for renewal is received prior to its expiration date. As the application for Land Use Permit CDLP26-02018 was accepted on June 18, 2026, prior to the expiration of CDLP16-02005 on July 29, 2026, this Land Use Permit may be renewed in accordance with the requirements in effect at the time CDLP16-02005 was reviewed. Therefore, the application has been reviewed in accordance with the 1998 Telecommunications Policy.
Within the 1998 Telecommunications Policy, there are guidelines that call for facilities aesthetic impacts to be minimized to the point where the facility is unnoticeable through such methods as designing facilities to be camouflaged into the surrounding environment or disguised as pieces of art, flag poles, telephone poles, or other visual forms to avoid an adverse visual impact. The existing condition of this facility is consistent with these guidelines by disguising the facility as a water tower, which is in character with the agrarian surroundings and blends in visually with the nearby existing telephone poles, street lights, and railroad crossing equipment. Additionally, the equipment area is surrounded by a chain link fence with tan-colored slats that blend in with the surrounding grassland. As these are the current conditions, and this Land Use Permit is conditioned to maintain these visual conditions, the facility is still compliant with the 1998 Telecommunications Policy.
D. Federal Communications Commission Regulations: The Radio Frequency Exposure (RFE) FCC Compliance Assessment (Telnet Inc., April 4, 2021) that was accepted on September 1, 2026, is a report on measured radio frequency electromagnetic (RF-EME) emissions originating from the wireless telecommunications facility, pursuant to Federal Communications Commission (FCC) regulations. The RF-EME report is included in Attachment E. The report indicates that the highest level of RF-EME emissions is 4.685% of the FCC occupational limit. The RF-EME report contains no recommendations, but access is currently restricted, and this entitlement is conditioned to continue to restrict access, as the antennas are located within the faux water tower, which is located within a locked, fenced area. Thus, as conditioned, the wireless facility would continue to be compliant with federal regulations pertaining to RF-EME emissions.
E. Appropriateness of Use: The wireless telecommunications facility was established on the project site in 2016 and expired on July 29. 2026, while the application for the renewal was accepted on June 18, 2026. Staff is not aware of any nuisances that have arisen as a result of operation of the existing facility. The faux water tower, fence enclosure, and solar canopy all do not display any type of advertising, and the wireless facility has a non-reflective finish and blends in with the predominant background. The project will be consistent with the AC Agricultural Core General Plan land use designation and does not conflict with the County’s adopted ULL or the 65/35 Land Preservation Standard. Thus, the continued operation of this facility is an appropriate use for the project site and will not be detrimental to the surrounding area.
VIII. CONCLUSION
The continued operation of the existing Vertical Bridge wireless telecommunications facility is consistent with the General Plan AC Agricultural Core land use designation, the A-40 Exclusive Agricultural District, the Wireless Telecommunications Facilities Ordinance, and applicable FCC regulations. Therefore, staff recommends that the Zoning Administrator approve County File #CDLP26-02018, based on the attached findings and subject to the attached conditions of approval.