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Project Title: |
Modification and variance for an Existing T-Mobile Telecommunications Facility |
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County File(s): |
#CDLP23-02030 |
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Applicant: |
Centerline Communications |
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Owner: |
Tina M. Thomas, Trustee |
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Zoning: |
Agricultural Preserve (A-4) |
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General Plan: |
Agricultural Lands (AL) |
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Site Address/Location: |
4723 Suzanne Drive in unincorporated Pittsburg, CA (APN: 089-050-056) |
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California Environmental Quality Act (CEQA) Status: |
Categorically Exempt: CEQA Guidelines, Section 15301(b), regarding existing facilities/utilities, and Section 15303(d) regarding new construction of small structures and utility extensions |
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Project Planner: |
Syd Sotoodeh, Senior Planner; (925) 655-2877; syd.sotoodeh@dcd.cccounty.us |
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Staff Recommendation: |
Approve (See Section II for Full Recommendation) |
I. PROJECT SUMMARY
The applicant requests approval of a Land Use Permit modification of file #CDLP25-02008 to allow an expansion of the lease area and the installation of ground-level electrical equipment, and a Variance to allow an approximately 9-foot side yard (where 50 feet is the minimum) for the new lease area for an existing T-Mobile telecommunications facility.
II. RECOMMENDATION
Staff recommends that the Zoning Administrator:
A. FIND that the project is categorically exempt from CEQA under Section 15301(b) of the CEQA Guidelines;
B. APPROVE the Land Use Permit CDLP23-02030 for modifications to the T-Mobile facility (Project);
C. APPROVE the Variance to allow a 9-foot side yard (where 50 feet is required) for a new approximately 74-square-foot equipment lease area;
D. APPROVE the findings in support of the project;
E. APPROVE the project conditions of approval; and,
F. DIRECT Staff to file a CEQA Notice of Exemption with the County Clerk.
III. GENERAL INFORMATION
A. General Plan: The subject property is located within an AL, Agricultural Lands (AL) land use designation.
B. Zoning: The subject property is located within an A-4, Agricultural Preserve (A-4) Zoning District.
C. California Environmental Quality Act (CEQA) Compliance: The proposed project is categorically exempt under CEQA Guidelines, Section 15301(b), regarding “Existing Facilities,” which exempts the operation, repair, maintenance, and minor alteration of existing facilities of investor-owned utilities providing electrical, gas, sewage, and other utility services, and 15303(d) regarding “New Construction of Small Structures” which exempts utility extensions of reasonable length to serve such utility services as telecommunications facilities.
D. Agricultural Preserve Contract: Pursuant to the California Williamson Act, the subject property has entered into an Agricultural Preserve Contract #AP 7-71 with the County. Establishment and modification of wireless telecommunications facilities is consistent with the limitations of the contract.
E. Prior County Files of Relevance:
Three wireless carriers (T-Mobile, AT&T, and DISH Wireless) are located on the subject property, and several applications have been processed since the year 2005. The AT&T and DISH Wireless facilities are not part of this land use permit. Therefore, below are the applications that relate to the T-Mobile telecommunications facility.
a. CDLP05-02078: A Land Use permit to allow T-Mobile to establish an existing unmanned wireless communications facility that was erroneously processed and approved by the City of Pittsburg (DR-98-18 City of Pittsburg), with three pairs of antennas mounted to an existing PG&E lattice tower and an equipment lease area underneath the tower, approved on May 15, 2006, and valid for 10 years.
b. CDLP12-02105: A Land Use Permit to allow modification of County File #CDLP05-02078 to replace six antennas and the addition of a hybrid cable and breakout enclosure for an existing wireless facility; approved on November 19, 2012, and valid for 10 years.
c. CDCV12-00128: Request for an initial compliance review to determine compliance with the Conditions of Approval for County File #CDLP12-02105 for issuance of a building permit; approved May 28, 2013.
d. CDWM17-00003: Request for a Minor Alteration permit to allow non-substantial modifications of the existing facility to replace three existing antennas and upgrade an existing breaker, and a 3-year compliance review to determine compliance with the Conditions of Approval for County File #CDLP12-02105; approved June 7, 2017.
e. CDWM20-00015: Request for a Minor Alteration permit to allow non-substantial modifications of the existing facility to replace six existing antennas and three RRUs, install nine new RRUs, cables, and equipment in an existing equipment cabinet, and a 3-year compliance review to determine compliance with the Conditions of Approval for County File #CDLP12-02105; approved July 29, 2020.
f. CDWM20-00024: Request for a Minor Alteration permit to allow non-substantial modifications of the existing facility to replace three existing antennas, three RRUs, and two cabinets, and to install six new hybrid cables; approved November 24, 2020.
g. CDLP25-02008: Request for a Land Use permit to allow the continued operation by T-Mobile of an unmanned wireless communications facility approved under County File #CDLP12-02105; approved on January 5, 2026.
IV. SITE/AREA DESCRIPTION
The approximately 471-acre subject property is located in the unincorporated Pittsburg area of Contra Costa County. Kirker Pass Road traverses the northwesternmost portion of the parcel. The project site is located in the western portion of the property approximately 1,200 feet east of Kirker Pass Road, approximately 3/4-mile west of Suzanne Drive, and approximately 1/2-mile south of Buchanan Road. The eastern portion of the property is developed with a single-family residence, barns, and other structures typical for agricultural uses that are accessed from Suzanne Drive. Access to the wireless facility is via Hillview Drive through an access easement and gate. Wireless telecommunication facilities have been in operation on the subject property since the year 2005 when Cingular Wireless (now AT&T) established a facility on an existing PG&E lattice tower (County File #CDLP05-02042) and an equipment lease area located 10 feet south of the tower. The T-Mobile facility was established in 2006 (County File #CDLP05-02078) with antennas installed on the lattice tower and ground equipment installed in a lease area under and within the footprint of the tower. Otherwise, the property largely consists of rolling hills, unpaved dirt roads and trails, and grassland vegetation with few shrubs or trees.
The adjacent parcels to the west, south, and east are large, agricultural parcels similar to the subject property. Directly north of the subject property are established single- and multiple-family residential neighborhoods located within the City of Pittsburgh. A water tank is located approximately 720 feet south of the terminus of Hillside Drive on a parcel owned by the City of Pittsburgh.
V. PROJECT DESCRIPTION
The applicant requests approval of a Land Use Permit modification of file #CDLP25-02008 to allow an expansion of the lease area and a Variance to allow an approximately 9-foot side yard (where 50 feet is the minimum) for a new approximately 74-square-foot lease area and new ground-level equipment for an existing T-Mobile telecommunications facility (County code section 88-24.406(d) Setback Requirements for wireless facilities). The existing facility consists of antennas, RRUs, cables, and other equipment installed on an existing PG&E lattice tower and an approximately 190-square-foot lease area with an existing concrete pad beneath the tower.
The proposed modification includes the following:
• New, approximately 74-square-foot lease area approximately 34 feet south of the existing lease area:
o Install 25kVA transformer on a new concrete pad
o Install 8 permanent bollards and 2 removable bollards up to 4 feet in height
o Install approximately 34 feet of new conduit (underground) within a new 3-foot utility easement from the transformer to the existing facility
• Install approximately 430 feet of 1/4” conduit (underground) within an existing 10-foot utility easement to the new transformer
• Modify equipment on existing concrete pad within the 190-square-foot lease area beneath the tower:
o Relocate an existing 100-amp meter/main and panel pedestal
o Install one new 200-amp meter/main disconnect per serving utility
o Install one new 200-amp power protection cabinet (PPC)
o Install new feed conductors from new meter to new PPC through existing conduit
o Reconnect existing loads from removed AC panel onto new PPC panel
o Install new H-Frame
No changes to the antennas or equipment installed on the tower are proposed.
VI. AGENCY COMMENTS
A. Contra Costa County Department of Conservation & Development, Telecom Planner: In correspondence received on October 4, 2023, the Telecom Planner advised that the project plans should clearly define the utility easement(s), if any, and that the plans should show the entire facility including access, utilities, ground level equipment, and antenna equipment, for a permit renewal. Please refer to the attached correspondence for the details of their comments.
B. Contra Costa County Fire Protection District (CCCFPD): In correspondence received on December 21, 2023, CCCFPD staff stated that it is not clear if the existing facility has a Knox box for fire access which is required, and that if there is no new generator involved, no further action is needed regarding a generator. Please refer to the attached correspondence for the details of their comments.
C. Department of Conservation and Development, Conservancy Staff: In correspondence received on January 9, 2024, Conservancy staff indicated that although the proposed project activity (installation of new electrical equipment) would occur outside of the existing concrete footprint of the facility, compliance with the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP) is not required. Please refer to the attached correspondence for the details of their comments.
D. Additional Agencies: Comments were solicited from Contra Costa County, Building Inspection Division, Contra Costa County Environmental Health Division, Contra Costa Mosquito & Vector Control District, and the City of Pittsburg. No comments were received from these agencies prior to the preparation of this report.
VII. STAFF ANALYSIS AND DISCUSSION
A. General Plan:
Land Use Designation: The subject property is located within an Agricultural Lands (AL) General Plan Land Use designation. Generally speaking, uses within the AL designation include grazing and dryland farming or other productive agricultural uses, where other types of uses are considered compatible with this designation when conducted in accordance with the County’s policies for those uses such as a wireless telecommunication facility with the approval of a land use permit. The proposed project involves issuing a land use permit for the expansion of the lease area for the installation of new ground-mounted equipment, and modifications to the ground-mounted equipment within an existing lease area for a wireless telecommunication facility that has been in operation since the year 2006. The wireless facility’s lease area on the approximately 471-acre property would be expanded by 74 square feet and a new, approximately 26.7-inch-tall transformer installed on a new concrete pad within the new lease area. Minor equipment modifications would be made within the existing lease area underneath an existing PG&E lattice tower. Thus, the continuing operation of an existing facility with modification would not alter the property in a manner which would affect grazing or any other agricultural activity on undeveloped portions of the property. Therefore, the project is consistent with the intent and purpose of the AL designation.
Kirker Pass Road, an officially designated scenic route pursuant to Figure COS-12 (Scenic Resources) of the County General Plan, is located approximately 1,175 feet west of the project site. Due to the distance from Kirker Pass Road, there is no potential for the project to significantly impact public views along the scenic route (General Plan Policy COS-P12.8). In addition, as conditioned to require painting the ground-mounted equipment to match the surrounding landscape, the project would be consistent with Policy COS-P12.9 which enables flexibility in project design to protect views and visual qualify along scenic routes. The project site is also located at the top of a County-designated scenic ridge (Figure COS-12). County General Plan Policy COS-P12.3 prohibits development within 100 vertical feet of a designated scenic ridge unless it is infrastructures that requires high-elevation siting such as communications towers designed with measures for screening, undergrounding, or camouflaging to mitigate visual impacts. The project site is an existing wireless telecommunications facility within and adjacent to the footprint of an existing PG&E lattice tower. The project as designed and conditioned is consistent with General Plan policies for Scenic Resources. Staff considers that due to the nature of the existing facility and the proposed equipment located at ground level being painted in a non-reflective finish to match the surrounding landscape as appropriate, the project will not detract from the surrounding terrain’s scenic nature or detract from views from a scenic route.
Therefore, the proposed project to expand the lease area and install new ground-mounted equipment for an existing T-Mobile wireless telecommunications facility is consistent with the policies and goals of the County’s General Plan.
B. Zoning: The project site is located within an Agricultural Preserve (A-4) Zoning District. Generally speaking, the purpose of the A-4 district is to provide for commercial agricultural production and other compatible uses that are consistent with the intent and purpose of the Land Conservation Act of 1965. Pursuant to County Code Section 84-42.404(14), the A-4 district allows facilities for commercial radio and television receiving and/or transmitting, including wireless telecommunication facilities, and excluding broadcasting studios or business offices, upon the granting of a land use permit. The applicant is requesting approval of a Land Use permit for a use that is conditionally allowed for modifications to the site including an increase in the size of the lease area and installation of new electric equipment. Therefore, the project is consistent with the allowed uses in the A-4 district. The A-4 district requires a 50-foot-wide side yard. Pursuant to County Code section 88-24.406(d) wireless facilities including ground-mounted equipment must meet the setback distance requirements applicable to the zoning district where the facility is located. As designed, the proposed lease area with new bollards and a new transformer would be located approximately 9 feet from the nearest side property boundary. Therefore, the applicant has requested a variance from the standards to allow an approximately 9-foot side yard. Pursuant to County Code Section 84-42.1402, variances may be granted to modify the provisions in the A-4 district. Staff considers that findings exist to allow the variance for a reduced side yard for the new transformer on a new concrete pad due to the existing location of the wireless facility on a PG&E lattice tower.
According to Figure COS-12, Scenic Ridges, the project site is located at the top of a County-designated scenic ridge. County Code section 88-24.406(c) requires wireless facilities to avoid impacts to ridges and scenic ridges unless the facility is required to close a gap in coverage. Removing the existing T-Mobile wireless facility that is located on and beneath an existing PG&E lattice tower would potentially create a significant gap in coverage in the vicinity and along Kirker Pass Road. In addition, staff considers that due to the nature of the existing facility, and as conditioned to require equipment located at ground level to be painted in a non-reflective finish to match the surrounding landscape, the project will be consistent with the location requirements of County code section 88-24.406(c).
C. Wireless Telecommunications Facilities Ordinance (Chapter 88-24): The subject wireless telecommunications facility was established under a Land Use Permit approved by the County in the year 2006 (County File #CDLP05-02078) and renewed in 2025 (County File #CDLP25-02008). Pursuant to County Ordinance §88-24.618 and §88-24.614(b), a land use permit or other discretionary approval may be modified and a land use permit approved for a substantial modification of an existing facility. The operating permit for the subject communications tower expired prior to the submittal of this application, but a land use permit for the continuing operation of the facility was processed under the County’s current Wireless Ordinance, Chapter 88-24 of the County Code as part of County File #CDLP25-02008.
The applicant is seeking a Land Use permit for a substantial modification to an existing T-Mobile wireless telecommunication facility including expansion of the lease area and installation of a new transformer on a new concrete pad within the new lease area, and the installation of approximately 36 feet of new electric conduit installed within a new 3-foot utility easement on the subject property. As designed and conditioned, the facility will remain in compliance with the Wireless Ordinance in terms of location, building standards and operational requirements. Pursuant to the design guidelines of Section 88-24.408(a), the facility must meet design requirements to reduce the facility’s visual and aesthetic impacts, such as it must be: designed to blend in with the surrounding area and painted with a non-reflective finish and textured to match or blend in with the predominant background. All proposed changes would be to ground-level equipment and no changes are proposed for the existing antennas installed on the existing PG&E lattice tower. Thus, the facility meets the design guidelines, and, as conditioned, will maintain the existing visual character of the area. Therefore, the proposed telecommunications facility is consistent with the requirements of the County Wireless Ordinance.
D. Federal Communications Commission (FCC) Compliance: As an agency, the FCC has adopted radio frequency protection standards, which establish safety levels with respect to human exposure to radio frequency (RF) emissions. These standards are jointly published by the American National Standards Institute and the Institute of Electrical and Electronics Engineers. The standards prescribe limits for continuous exposure to radio RF emissions. Modifications of the electrical equipment installed on the existing ground-level lease area and an expansion of the ground-level lease area and installation of new electrical equipment within the expanded lease area are proposed with this application. No changes to the communications equipment are proposed and all existing antennas will remain. A Minor Modification permit approved on November 24, 2020 (County File #CDWM20-00024) allowed replacement of antennas. A Radio Frequency-Electromagnetic Energy (RF-EME) Compliance Report prepared by EBI Consulting (August 18, 2020) for County File #CDWM20-00024 evaluated the cumulative impacts of the telecommunications facility and concluded that the facility is compliant with the allowable threshold standards pursuant to the federal government and will remain compliant with the FCC standards for RF emissions.
E. Appropriateness of Use: The subject wireless telecommunications facility has been established on the subject property since 2006. Wireless communications facilities are conditionally allowed within the AL General Plan land use designation and A-4 zoning district. The County is unaware of any nuisances arising from the operation of the existing facility to date. The proposed project will allow for improvements to an existing T-Mobile telecommunications facility. The proposed project will remain compatible with the surrounding environment with respect to land use and aesthetics. Wireless telecommunication facilities provide a vital service to both residents and visitors of the County and are relied upon for general communication needs and for emergency personnel such as Fire and Sheriff Department Staff. In addition, the proposed project will maintain continued compliance with the County’s Wireless Telecommunication Facilities Ordinance (Ch. 88-24) and with FCC standards for RF emissions.
VIII. CONCLUSION
The improvements to the existing T-Mobile wireless facility will be consistent with the County General Plan, will be compliant with the applicable standards and policies of the County Zoning Ordinance, and will be consistent with the provisions of the County’s Wireless Telecommunication Facilities Ordinance. Therefore, staff recommends that the Zoning Administrator approve County File #CDLP23-02030 based on the attached findings and subject to the attached conditions of approval.
Attachments:
1. Findings and Conditions of Approval
2. Maps - Parcel Map, General Plan, Zoning, and Aerial Photo
3. Agency Comments
4. Project Plans