|
|
|
|
Project Title: |
Land Use Permit for the Continuing Operation of an Existing T-Mobile Wireless Telecommunications Facility |
|
|
|
|
County File: |
CDLP25-02035 |
|
|
|
|
Applicant/Owner: |
Isabel Chavez, Network Connex on behalf of T-Mobile West LLC (Applicant) / Roger and Janet Wagner (Owner) |
|
|
|
|
Zoning/General Plan: |
A-2 General Agricultural District / AL Agricultural Lands |
|
|
|
|
Site Address/Location: |
1505 Finley Road in the San Ramon area of unincorporated Contra Costa County (Assessor’s Parcel Number 220-100-024) |
|
|
|
|
California Environmental Quality Act (CEQA) Status: |
Categorical Exemption - Class 1: CEQA Guidelines Section 15301(b), Existing Facility |
|
|
|
|
Project Planner: |
Diana Lecca, Project Planner; (925) 655-2869 |
|
|
diana.lecca@dcd.cccounty.us |
|
|
|
|
Staff Recommendation: |
Approve (See Section II for Full Recommendation) |
|
|
|
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 previously re-established under Land Use Permit CDLP15-02049. 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 CDLP25-02035 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: AL Agricultural Lands.
B. Zoning: A-2 General Agricultural 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. CDLP96-02044: This Land Use Permit to establish a new unmanned wireless telecommunications facility for T-Mobile, on a private property, was approved by the Zoning Administrator on September 9, 1996, for a period of fifteen years to September 9, 2011.
2. CDCV10-00013: This Compliance Review, which included a 5-year Condition of Approval compliance review in addition to a minor equipment upgrade of the wireless facility approved under CDLP96-0204, was administratively approved on May 10, 2010.
3. CDLP15-02049: This Land Use Permit for the continuing operation of the existing T-Mobile facility previously approved under CDLP96-02044, was approved by the Zoning Administrator on February 28, 2016, for a period of 10 years to February 28, 2026.
4. CDWM21-00011: This Wireless Minor Alteration Permit to authorize a non-substantial change of the existing T-Mobile wireless facility to allow the Continuing the establishment of a Dish Wireless facility, was approved by the Zoning Administrator on June 23, 2021 for the remaining term of CDLP15-02049 to February 28, 2026.
IV. SITE/ AREA DESCRIPTION
The project site is a 9.27-acre parcel located approximately 2,000 feet north of the Finley Road and Camino Tassajara Roadway intersection. The property consists of steeply sloped land that is partially located within a flood zone in the area adjacent to Finley Road. However, the majority of the property and the subject T-Mobile wireless telecommunications facility are located in the western region of the property, which is at a higher elevation and out of the flood zone. Three other wireless providers are currently operating cellular communications facilities on the subject site; all three carriers’ lease areas are in close proximity to one another at the southwest corner of the property. Access to T-Mobile’s lease area is provided by a paved road and gravel walking pathway. The property has been developed with one single-family residence, which is located at the end of Pereira Ranch Road.
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 originally established under Land Use Permit CDLP96-02044 and re-established under Land Use Permit CDLP15-02049, which expired on February 28, 2026. There are no facility or lease area modifications proposed with this application. The current wireless telecommunications facility consists of the following:
• Six (6) antennas and ancillary equipment reaching a maximum height of 11 feet.
• T-Mobile equipment cabinets and associated ground-mounted equipment within the 25’-0” by 27’-0” 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 San Ramon Valley Fire Protection District, the Environmental Health Division of Contra Costa Health, and the Contra Costa Mosquito and Vector Control District. No Agency Comments have been received by staff.
VII. STAFF ANALYSIS
A. General Plan Consistency: The T-Mobile wireless telecommunications facility is located within an AL Agricultural Lands General Plan land use designation. Most areas in the AL designation are non-irrigated, rural lands that may support grazing and dryland farming, though it also includes non-prime, productive agricultural lands. Other types of agricultural, open space, and non-urban uses are consistent with this designation when conducted in accordance with the County’s policies pertaining to agricultural areas. These include limited opportunities for recreation, lodging (farm stays, bed and breakfasts, etc.), food services (farm-to-table dining, farm stands, etc.), special events, and similar activities that support the county’s agricultural economy. Pursuant to the Wireless Telecommunications Facilities Ordinance (Ordinance No. 2016-11), a wireless telecommunications facility may also be located in the AL designation. The facility also provides telecommunications service that would be compatible and consistent with other land uses in the San Ramon area. Allowing the continuing operation of the existing wireless telecommunications facility will not detract from the purpose and intent of the AL General Plan designation.
The property 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). Accordingly, the project does not conflict with the County’s adopted ULL and enforcement of the 65/35 Land Preservation Standard.
B. Zoning Compliance: The facility is located in an A-2 General Agricultural District. Allowable uses in the A-2 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 84-38.404(4)). With approval of the CDLP25-02035 application, the continuing operation of the existing T-Mobile wireless telecommunications facility, would be consistent with the A-2 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 existing antennas, ground-mounted and ancillary equipment, or to the existing 27’-0” by 25’-0” 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 (Anchor) (EBI Consulting, November 17, 2020), 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 1996. Staff is unaware of any nuisances arising from the operation of the existing wireless facility. Neither the antennas 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 CDLP15-02049 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, making the project an appropriate use of the subject property.
VIII. CONCLUSION
The continuing operation of the existing T-Mobile wireless telecommunications facility is consistent with the General Plan, the A-2 General Agriculture District, the Wireless Telecommunications Facilities Ordinance, and applicable FCC regulations. Staff recommends approval of Land Use Permit CDLP25-02035, based on the attached findings and subject to the attached conditions of approval.