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Project Title: |
Land Use Permit to Renew Land Use Permit CDLP16-02021 |
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County File(s): |
CDLP26-02005 |
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Applicant/Owner: |
John Merritt, ATC Sequoia LLC (Applicant) / Roger and Janet Wagner (Owner) |
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Zoning/General Plan: |
A-2 General Agricultural District / AL Agricultural Lands |
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Site Address/Location: |
1505 Finley Road in the San Ramon area of unincorporated Contra Costa County (Assessor’s Parcel Number: 220-100-024) |
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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: |
Joseph Lawlor Jr, AICP, Senior Planner, (925) 655-2872 |
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joseph.lawlor@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 to renew Land Use Permit CDLP16-02021 for an existing American Tower wireless telecommunications facility operated by Verizon Wireless as a carrier. The application also includes a modification to Conditions of Approval #18 and #19 of CDLP16-02021 to modify the screening requirements at the site. No other modifications to the facility or conditions of approval are proposed.
II. RECOMMENDATION
Department of Conservation and Development, Community Development Division (CDD) staff recommends that the Zoning Administrator:
A. FIND that the project is exempt from CEQA under CEQA exemption 15301(b) of the CEQA Guidelines.
B. APPROVE the Land Use Permit CDLP26-02005 to renew the Land Use Permit for the existing American Tower wireless telecommunications facility, with a modification to Conditions of Approval #18 and #19 of CDLP16-02021, 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:
LP96-2044: This Land Use Permit for a Pacific Bell wireless telecommunications facility at the site, now part of the T-Mobile system, was approved by the Zoning Administrator on September 9, 1996.
LP99-2068: This Land Use Permit for Sprint to collocate with Pacific Bell (now T-Mobile) at the site was approved by the Zoning Administrator on December 6, 1999.
LP05-2043: This Land Use Permit to establish a new MetroPCS wireless telecommunications facility at the site was approved by the Zoning Administrator on September 26, 2005.
LP05-2077: This Land Use Permit to establish the subject wireless telecommunications facility was approved by the Zoning Administrator on June 5, 2006, for a period of ten years, and expired on June 16, 2016.
LP11-2047: This Land Use Permit to renew Sprint’s Land Use Permit LP99-2068 and upgrade the existing facility was approved by the Zoning Administrator on November 7, 2011.
CV14-0054: This three-year compliance review for the subject facility approved under LP05-2077, which included minor upgrades such as two surge protectors, two RRH units, and additional supporting equipment, concluded that the facility was in compliance with LP05-2077.
CDLP16-02021: This Land Use Permit to renew Land Use Permit LP05-2077 for the continued operation of the existing wireless telecommunications facility, with no modifications to the facility, was approved by the Zoning Administrator on August 15, 2016, and became effective on August 26, 2016, for a period of ten years, expiring on August 26, 2026.
CDWM18-00026: This Minor Alteration Permit to allow a non-substantial modification to the existing wireless facility, including: the replacement of 6 antennas and ancillary equipment, and was approved by the Zoning Administrator on February 6, 2019. The project also included an initial compliance review for Land Use Permit CDLP16-02021.
CDWM21-00048: This Minor Alteration Permit to allow a non-substantial modification to the existing wireless facility the removal 6 antennas and (3) RRUs and the installation of (12) antennas and ancillary equipment, and was approved by the Zoning Administrator on January 21, 2022.
CDLP25-02035: This Land Use Permit to allow the continuing operation of an existing T-Mobile wireless telecommunications facility that was previously established under expired Land Use Permit CDLP15-02049. This project went to a Zoning Administrator hearing on March 2, 2026, but was continued indefinity to allow the carrier to resolved a lease issue.
IV. SITE/AREA DESCRIPTION
The subject property is an approximately 9.27-acre parcel located at 1505 Finley Road in the unincorporated San Ramon area of southern Contra Costa County, approximately 2,000 feet north of the intersection of Finley Road and Camino Tassajara. Properties in the surrounding area range in size from approximately 5.24 acres to 260.08 acres, and single-family residential, commercial, and agricultural uses are common, with most of the smaller lots used for single-family residential and small farming uses. The parcel is steeply sloped and is partially located within a flood zone in the area adjacent to Finley Road; however, the majority of the property, including the subject wireless site, is located in the western region of the property at a higher elevation and outside of the flood zone. The property is developed with one single-family residence located at the end of Pereira Ranch Road, hidden behind the ridge.
Three wireless carriers operate cellular communications facilities at the site, with all three lease areas in close proximity to one another at the southwest corner of the property. Access to the American Tower lease area is provided by a paved access road and gravel walking pathway. The American Tower facility is located on an approximately 15-foot tall American Tower Corporation faux-tree tower, screened by faux-tree materials to a maximum height of approximately 20 feet, and includes an approximately 324 square-foot concrete pad with seven ground-mounted equipment cabinets and assorted supporting equipment, undergrounded utilities, and a separate equipment pad approximately 300 feet north of the main facility containing a 125-amp generator with a 132-gallon diesel fuel tank.
V. PROJECT DESCRIPTION
The applicant requests approval of a Land Use Permit to renew the current Land Use Permit (CDLP16-02021) for the continued operation of the existing American Tower wireless telecommunications facility operated by Verizon Wireless, including a faux-tree tower at 1505 Finley Road. The application also includes a modification to Conditions of Approval #18 and #19 of CDLP16-02021 to modify the screening requirements at the site. No equipment changes or other changes to the conditions of approval are proposed as part of the project. The current wireless telecommunications facility consists of the following:
• An approximately 15-foot tall faux-tree tower containing twelve antennas and three (3) RRHs mounted behind the antennas, screened by faux-tree materials reaching a maximum height of approximately 20 feet.
• Seven (7) ground-mounted equipment cabinets and supporting electrical equipment on an approximately 324 square-foot concrete pad, undergrounded utilities, and one 125-amp generator with a 132-gallon diesel fuel tank located on a separate equipment pad approximately 300 feet north of the main facility.
VI. AGENCY COMMENTS
An Agency Comment Request packet was sent on February 26, 2026, to a number of public agencies, including the Building Inspection Division, the Public Works Department, the Environmental Health Division of Contra Costa Health, and the San Ramon Valley Fire Protection District. Comments received by staff are included in Attachment D. Following are summaries of the comments received.
A. San Ramon Valley Fire Protection District. The San Ramon Valley Fire Protection District provided comments on March 18, 2026, stating the requirement for submittal of plans prior to changes at the facility
No comment responses were received from other departments or agencies. Given that the facility is existing and no changes to operations are proposed, staff does not expect any special concerns related to outside agency review for the continued operation of the project.
VII. STAFF ANALYSIS
A. General Plan Consistency: The project site is located in the AL Agricultural Lands General Plan land use designation. Though they are not an agricultural use, wireless telecommunication facilities are allowed in the AL designation as required by FCC guidelines and allowed for under the County Zoning Code in agricultural zoning districts with a land use permit. The existing facility covers a minimal portion of the overall property and would not affect the ability to conduct agricultural uses. The facility provides telecommunications service that is compatible and consistent with other land uses in the San Ramon area. Allowing the renewal of the land use permit for the existing wireless telecommunications facility will not detract from the purpose and intent of the AL General Plan designation.
Figure COS-12, Scenic Resources of the Conservation, Open Space, and Working Lands Element of the 2045 General Plan identifies Camino Tassajara as a County-designated scenic route. Scenic route policies in the General Plan call for conservation, enhancement, and protection of views observable from the scenic routes. The subject property is visible from Camino Tassajara. The pole-mounted equipment is mounted on an American Tower Corporation faux-tree tower that camouflages the equipment, while the ground-mounted equipment is required to be screened, as further discussed below. With the existing stealth faux-tree design and the screening required by the conditions of approval, as modified, the facility maintains the attractive natural qualities adjacent to Camino Tassajara and protects the views observable from the scenic route. Photographs of the facility from Camino Tassajara and Finley Road are shown in Exhibit B, demonstrating the lack of impact from the facility.
Based on the photos submitted with this application in comparison with County File CDLP16-02016, the faux-tree has lost branches and the antennas are much more visible. To address this issue, as part of the compliance review for the Land Use Permit, the applicant would be required to add adequate additional screening to the faux-tree tower to re-screen the facility. This would include additional branches and painting of unpainted antennas at the site, consistent with exiting COAs #12 and #18. With this updated, the continued use of the American Tower wireless telecommunications facility operated by Verizon Wireless, as conditioned, would be consistent with the General Plan scenic route policies.
B. Zoning Compliance: The project site 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, upon the granting of a land use permit (County Code Section 84-38.404(4)). With approval of the CDLP26-02005 application, the renewal of the land use permit for the existing American Tower wireless telecommunications facility operated by Verizon Wireless would be consistent with the A-2 District.
C. Wireless Telecommunications Facilities Ordinance: The American Tower telecommunications facility operated by Verizon Wireless is subject to the Wireless Telecommunication Facilities Ordinance (County Code 88-24). The Land Use Permit application is for the renewal of the land use permit for the existing wireless facility, with a modification to the screening requirements set forth in Conditions of Approval #18 and #19 and no proposed modifications to the existing antennas, ground-mounted equipment, ancillary equipment, or lease area. The application complies with the applicable requirements of County Code Section 88-24.614 for the discretionary approval of a land use permit for a wireless facility, and 88-24.620 for the renewal of a land use permit for a 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. In connection with Wireless Minor Alteration Permit CDWM21-00048, the applicant provided the RF Site Compliance Report prepared by Qualtek SiteSafe on November 22, 2021, which evaluated the facility and the resulting cumulative RF emissions at this location pursuant to FCC regulations. The RF report concluded that the maximum cumulative RF emissions of the site will not exceed the FCC standards’ allowable public exposure limit, and that the site therefore complies with the FCC standards for RF emissions. No changes to the antennas or ancillary equipment are proposed with this Land Use Permit Renewal application; the only modification proposed is to the screening requirements. Thus, the wireless facility would remain compliant with federal regulations pertaining to RF emissions.
E. Appropriateness of Use: The subject American Tower telecommunications facility operated by Verizon Wireless was established on the project site in 2006 under Land Use Permit LP05-2077, and the site has supported wireless telecommunications facilities since 1996. Staff is unaware of any nuisances arising from the operation of the existing wireless facility. Neither the antennas nor the ground-mounted equipment display any type of advertising, and the wireless facility complies with the aesthetic requirements of the prior CDLP16-02021 Permit. Conditions are included in the Conditions of Approval that require that the facility and equipment shall not be used for advertising for the life of the project and require maintenance of the external appearance and screening of the wireless facility. Thus, renewal of the land use permit for this wireless facility, with the modified screening requirements, would not be detrimental to surrounding land-use activities, making the project an appropriate use of the subject property.
F. Modification of COAs #18 and #19: The applicant has requested for modifications to two of the existing COAs from Land Use Permit CDLP16-02021. Existing COA #18 states:
Within 45 days of the effective date of this land use permit, the applicant shall provide CDD evidence that an agreement has been finalized between all carriers. CDD expects that the following will be addressed in the agreement: a) installation of camouflage around existing fence to screen all sides of the facility including the internal fencing in between the facilities to minimize visual impacts from neighboring properties and visual impacts as viewed from Camino Tassajara, and b) semi-annual weed abatement control to keep approximately 30-foot buffer from the edge of the facility to avoid the risk of wildfire. A Verizon contact will be required to be submitted to ensure that CDD staff's questions related to timing and implementation of these requirements are addressed.
As part of the installation of the facility, to minimize visibility of the facility, the equipment area was partially recessed below ground level on the hillside, instead of providing camouflaging around the exiting fence. This solution effects a substantial reduction in the visible profile of the facility as seen in the photo's provided. The modified COA #18 would be updated to address this change as follows:
The facility, including fencing, shall be screened or camouflaged to minimize visual impacts to neighboring properties and visual impacts as viewed from Camino Tassajara, and b) semi-annual weed abatement control to keep approximately 30-foot buffer from the edge of the facility to avoid the risk of wildfire.
Existing COA #19 states:
Fencing shall be limited to the 6-foot-tall chain-link fence around the equipment area (maximum), and a 6-foot solid wood fence around the generator. The equipment cabinets shall not extend above the top of the fence.
During construction, the generator was screened by a stone-colored CMU wall, instead of a fence. The stone meets the screening requirements for the facility and blends into the hillside. To address this design change, COA #19 would be updated to state:
Fencing shall be limited to the 6-foot-tall chain-link fence around the equipment area (maximum), and a stone-colored CMU wall around the generator. The equipment cabinets shall not extend above the top of the fence or wall.
VIII. CONCLUSION
Allowing the renewal of the Land Use Permit for the existing American Tower wireless telecommunications facility operated by Verizon Wireless as a carrier, with the modification to Conditions of Approval #18 and #19, is consistent with the General Plan, the A-2 General Agricultural District, the Wireless Telecommunications Facilities Ordinance, and applicable FCC regulations. Staff recommends approval of Land Use Permit CDLP26-02005, based on the attached findings and subject to the attached conditions of approval.