Department of Conservation and Development
County Zoning Administrator
|
Project Title: |
Land Use Permit Renewal for Existing AT&T Wireless Facility |
|
|
|
|
County File(s): |
#CDLP24-02006 |
|
|
|
|
Applicant: |
Paul Benedyuk MasTec Network Solutions |
|
|
|
|
Owners: |
Tract 6432 Common Area |
|
|
|
|
Zoning/General Plan: |
Planned Unit District (P-1) / Parks and Recreation (PR) |
|
|
|
|
Site Address/Location: |
0 Eagle Nest Pl. (Unaddressed parcel located at NE corner of Blackhawk Drive/Eagle Nest Place), Blackhawk (APN: 203-760-026) |
|
|
|
|
California Environmental Quality Act (CEQA) Status: |
Categorical Exemption: Class I, CEQA Guidelines Section 15303(d). |
|
|
|
|
Project Planner: |
Adrian Veliz, Senior Planner (925) 655-2879 |
|
|
Adrian.Veliz@dcd.cccounty.us |
|
|
|
|
Staff Recommendation: |
Approve (See Section II for Full Recommendation) |
I. PROJECT SUMMARY
The applicant requests approval of a Land Use Permit / Development Plan combination permit approval to reestablish an AT&T wireless telecommunications facility on the subject property. The project would allow the continued operation of an existing telecommunications facility that had been previously authorized under Land Use Permit #CDLP08-02065, which expired in 2019. The project includes proposed modification to the existing facility including the removal of six (6) existing antennas, and installation fifteen (15), resulting in a net increase of nine (9) antennas on an existing lattice tower. The project would also involve the installation of ancillary equipment, brackets, and wiring on the existing lattice tower, as well as the installation of equipment cabinets and electrical equipment within an existing equipment shelter located at ground level.
II. RECOMMENDATION
Staff recommends that the Zoning Administrator:
A. OPEN the public hearing on the proposed project, RECEIVE testimony, and CLOSE the public hearing.
B. DETERMINE that the proposed project is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15303.
C. APPROVE the proposed Land Use Permit CDLP24-02006.
D. APPROVE the attached findings in support of the project.
E. APPROVE the attached conditions of approval.
F. DIRECT staff to file a CEQA Notice of Exemption with the County Clerk.
III. GENERAL INFORMATION
A. General Plan: Parks and Recreation (PR)
B. Zoning: P-1, Planned Unit District
C. California Environmental Quality Act (CEQA) Compliance: Categorical Exemption - Class 1: CEQA Guidelines Section 15301 (b), the continued operation of investor and publicly owned utilities, involving negligible or no expansion of the existing or former use, are exempt from review.
D. Previous Applications of Relevance:
1) CDLP22-02008: A land use permit/development plan authorizing the collocation of a Dish Wireless telecommunications facility on the existing lattice tower on which the subject AT&T facility is installed. The Land Use Permit was approved by the Zoning Administrator on November 21, 2022.
2) CDWM18-00037: A minor alteration permit, approved March 27, 2019, authorizing the installation of new equipment cabinets, replacement of six (6) panel antennas, and removal/replacement of radio relay units and associated cabling.
3) CDLP08-02065: A land use permit authorizing modification of development plan #CDDP05-03059 to permit the installation of additional antennas and equipment cabinets within the existing lease area for the cellular telecommunications facility. The land use permit was approved on July 6, 2009.
4) CDDP05-03059: A development plan permit modifying final development plan for the Blackhawk area (FDP #3004-84) authorizing the establishment of a Cingular Wireless telecommunications facility on an existing PG&E lattice tower on the subject property. The development plan modification was approved on February 27, 2006 for the installation and operation of the telecommunications facility. Cingular wireless was subsequently acquired by AT&T, and the existing facility has since been operated by AT&T.
5) FDP 3003-84: A Final Development plan for the Blackhawk Country Club area, as established in connection with the County’s prior approval of subdivision and rezoning approvals (1840-RZ/ SD6432). The project site consists of lands designated as Parks and Recreation on the approved final map, near existing high voltage lines. The County Zoning Administrator approved the final development plan on April 6, 1984.
6) SD6432: A subdivision creating 21 single-family residential lots on 22 acres and an additional 67.3 acres of lands designated Open Space / Parks and Recreation. The subdivision was approved by the San Ramon Valley Planning Commission (SRVPC)
7) DP 3035-78: On July 12, 1978, the SRVPC approved a development plan to establish the Blackhawk Country Club.
8) 1840-RZ: The San Ramon Valley Regional Planning Commission (SRVPC) approved the rezoning of 4,775 acres from A-2 General Agriculture District to P-1; Ordinance 74-55 approved September 17, 1973.
IV. SITE/ AREA DESCRIPTION
The subject site is an approximately 2.55 acre parcel that has a “Parks and Recreation” (PR) general plan land use designation. The site is within the Blackhawk Country Club area, approximately 3.5 miles east of the central business district of Danville. The site is located west of the intersection of Eagle Nest Place and Eagle Nest Road, between Eagle Ridge Drive and Blackhawk Drive. The Blackhawk County Club sport complex is located north of the site, while single-family residential development abuts the site to the east, west and south.
Two existing PG&E transmission towers (eastern tower and western tower) are located on the subject property within an existing 175-foot-wide PG&E easement. The existing telecommunications facility is located on the western tower, which is entirely within the aforementioned PG&E easement and which presently has a height of 131 feet. The proposed project would install additional antennas atop the existing western transmission tower, resulting in a height increase of about three (3) feet.
Existing Site Condition: The subject property predominantly consists of annual grasslands and lacks any significant structural development. The vast majority of the subject property is encumbered by an existing 175-foot-wide PG&E easement. Considering this and the relatively restrictive Parks and Recreation General Plan Land Use designation, the project site has little to no development potential. The existing facility is located upon a hilltop in the western/central area of the parcel, overlooking nearby residential and recreational development. Elevations range from approximately 900 to 940 feet above sea level. Improvements on the subject property include a 10-foot-wide northerly access gravel road providing vehicular access to the project site from Eagle Ridge Road.
VI. PROJECT DESCRIPTION
The applicant requests approval of a Land Use Permit approval to reestablish an AT&T wireless telecommunications facility on the subject property. The project would allow the continued operation of an existing telecommunications facility that had been previously authorized under Land Use Permit #CDLP08-02065, which expired in 2019. The project includes equipment upgrades as detailed below:
Changes to Existing Lattice Tower (Above Conductor)
• Removal of six (6) existing (e) panel antennas and associated coaxial cable;
• Installation of nine (9) new panel antennas and associated mounting brackets and coaxial cable;
• Relocation of nine (9) existing Radio Relay Units (RRU’s) and three (3) existing mounting frame to three feet below present location;
• Installation of three (3) new diplexers (1 per sector);
Changes to Existing Lattice Tower (Below Conductor)
• Installation of six (6) new antennas (2 per sector);
• Installation of one (1) DC9 Squid, H-Frame, and associated mounting bracket/hardware;
• Installation of three (3) new RRU’s, H-Frames, and associated mounting brackets/hardware;
• Installation of three (3) 6AWG trunks;
• Installation of one (1) 24-pair fiber trunk;
Changes within Existing Equipment Shelter
• Removal three (3) existing RRU’s;
• Installation of one (1) new DC12 (on existing H-frame vacated by RRU’s);
• Installation of new 155AH battery string within (e) backup battery cabinet;
• Installation of four (4) new Infinity-48 Rectifiers
• Installation of one (1) Baseband unit within (e) Purcell cabinet;
VI. AGENCY COMMENTS
A. San Ramon Valley Fire Protection District (SRVFPD): In a memo dated March 7, 2024, SRVFPD staff indicated that they have no comments on the proposed project.
B. East Bay Municipal Utility District (EBMUD): In an email dated March 22, 2024, EBMUD staff advised that they have no comments on the proposed project.
Comments were solicited but not received from County Building Inspection Division, Contra Costa Environmental Health, and Central Conta Costa Sanitary District as of the writing of this report.
VII. STAFF ANALYSIS AND DISCUSSION
A. General Plan: The subject property is located within a Parks and Recreation (PR) General Plan Land Use designation. The PR designation includes both publicly and privately-owned park facilities and golf courses. Appropriate land uses within PR include passive and active recreation-oriented activities, including ancillary commercial uses such as snack bars and restaurants. The project would allow for the continued operation of a cellular telecommunications facility. The continued provision of cellular service would be of benefit to nearby residents and those utilizing nearby recreational facilities. Considering that this use has long been established at this location and is of benefit to those residing nearby and/or commuting through the area, the land use is considered consistent and harmonious with land uses allowed within the PR designation. Further, considering that the subject property has extremely limited development potential due to an existing easement encumbering most of the parcels land area, the project will not displace open space or park lands that may otherwise be enjoyed by the community.
B. Zoning: The project site is located within an Planned Unit (P-1) zoning district. The purpose of the P-1 district is to provide site-specific development standards allowing for more flexible development than traditional zoning districts. The intent and purpose for the Blackhawk Country Club P-1 district is to provide for a mix of low-density single-family residential neighborhoods, and recreational facilities amongst the surrounding Diablo foothills. Telecommunications facilities are a conditionally permitted land use within all land use districts - including within traditional single-family residential districts - upon approval of a Land Use Permit. The facility is located upon an existing PG&E lattice tower, and would not reduce existing setbacks for that structure, nor would it substantially increase the height of the lattice tower. Thus, the project does not conflict with the allowed uses within the Blackhawk P-1 district, or with land uses that are typically permitted in predominantly residential neighborhoods.
C. Wireless Telecommunications Facilities Ordinance (Chapter 88-24): The existing wireless telecommunications facility was established under a Land Use Permit approved by the County in 2005 and most recently renewed in 2009. This application is a request to renew the expired Land Use Permit for the as-built facility, pursuant to code section 88-24.620(a), for the continued operation of the existing facility.
D. Appropriateness of Use: The subject communications tower has been established on the subject property for approximately 19 years. The County is unaware of any nuisances arising from the operation of the existing facility to date. Wireless telecommunications facilities are conditionally permitted in all residential zoning districts within the County, as well as within the predominantly residential Blackhawk Planned Unit (P-1) District in which the subject property is located. The project would allow for the continuation of a permitted land use which is consistent and compatible with its semi-urbanized residential surroundings. Additionally, the existing high-voltage transmission lines on site are considered hazardous to people in close proximity - severely limiting potential alternative uses of lands within the 175-foot-wide PG&E easement that encompasses the telecommunications facility as well as the vast majority of land area on the subject property. Thus, the continued operation of the facility would not be to the detriment of established or future recreation-oriented land-use activities on or near the project site. Therefore, the project is an appropriate use of the subject property.
E. Federal Communications Commission (FCC) Compliance: The applicant has provided a report on theoretical modeling of Radio Frequency (RF) emissions originating from the facility, to predict the cumulative exposure from existing antennas at ground level. The RF report, prepared by a licensed electrical engineer, indicates that the predicted level of RF emissions measured at ground level will not exceed the FCC general public exposure limit at any publicly-accessible location. The report indicates that the posting of signage, consistent with OSHA standards, around the facility warning workers of the elevated emissions will minimize occupational hazards associated with RF exposure. The project is conditioned to comply with applicable FCC requirements at all times, including those requiring the installation of signage at facility access points to alert of the potential for RF exposure beyond the general public and/or occupational limits. Therefore, as conditioned, the project is compliant with federal regulations pertaining to RF emissions.
VIII. CONCLUSION
The project would reestablish an expired land use permit for the purpose of authorizing the continued operation of an existing wireless telecommunications facility on the subject property. The project does not involve a substantial modification to the established facility, as defined in Title 47, Code of Federal Regulations, Section 1.40001. As discussed throughout this report, the long-established land use is consistent with the County’s Wireless Ordinance, the Parks and Recreation (PR) General Plan Land Use Designation, the P-1 zoning district, as well as FCC radio frequency emissions standards. Therefore, staff recommends that the Zoning Administrator approve County File #CDLP24-02006 based on the attached findings and subject to the attached conditions of approval.
G:\Current Planning\curr-plan\CD APPLICATIONS\Land Use Permits (LP)\2024\CDLP24-02006\NOTES AND WORKING DOCUMENTS\CDLP24-2006_SR_.docx