|
Project Title: |
Continuing Operation of an Existing American Tower Telecommunications Facility |
|
County File: |
#CDLP26-02004 |
|
Applicant: Owners: |
John Merritt, ATC Sequoia LLC on behalf of American Tower Kenneth E & Jean M Keeler, Trustees |
|
Zoning/General Plan: |
Heavy Agricultural District (A-3) / Agricultural Lands (AL) |
|
Site Location: |
5480 Sellers Avenue, Oakley, CA 94561 (APN: 020-050-006) |
|
California Environmental Quality Act (CEQA) Status: |
Categorical Exemption: Class I, CEQA Guidelines Section 15301(b). |
|
Project Planner: |
Chloe Partain, Project Planner (925) 655-2857 chloe.partain@dcd.cccounty.us |
|
Staff Recommendation: |
Approve (See Section II for Full Recommendation) |
I. PROJECT SUMMARY
The applicant requests approval of a Land Use Permit to allow for the continuing operation of an existing American Tower wireless telecommunications facility that was established under Land Use Permit CDLP03-02108 and most recently renewed under Land Use Permit CDLP14-02058, which expired on December 26, 2024. The wireless facility is currently in use by Verizon and no modifications to the facility are proposed.
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 15301.
C. APPROVE the Land Use Permit (County File CDLP26-02004), based on the attached Findings and Conditions of Approval; and
F. DIRECT staff to file a CEQA Notice of Exemption with the County Clerk.
IV. GENERAL INFORMATION
A. General Plan: Agricultural Lands (AL)
B. Zoning: A-3, Heavy Agricultural District
C. California Environmental Quality Act (CEQA) Compliance: Categorical Exemption - Class 1: CEQA Guidelines Section 15301(b), the continued operation of existing facilities of both investor and publicly owned utilities used to provide electric power, natural gas, sewerage, or other public utility services, are exempt from review.
D. Previous Applications of Relevance:
1) CDWM22-00029: A wireless minor alteration permit authorizing non-substantial changes of the existing Verizon wireless facility, approved by the Zoning Administrator on October 25, 2022.
2) CDWM16-00002: A wireless minor alteration permit authorizing alterations of the existing Verizon wireless facility, approved by the Zoning Administrator on December 8, 2016.
3) CDCV15-00029: A compliance review application seeking administrative review to verify the existing facility’s compliance with the Conditions of Approval set forth in County File #CDLP14-02058 and authorizing alterations of the existing facility approved on May 7, 2015.
4) CDLP14-02058: A Land Use Permit authorizing the renewal and modification of the existing Verizon wireless telecommunications facility approved by the Zoning Administrator on December 15, 2014.
5) CDCV11-00027: A compliance review application seeking administrative review to verify the existing facility’s compliance with the Conditions of Approval set forth in County File #CDLP03-02108 and authorizing alterations of the existing facility, approved on November 23, 2011.
6) CDLP03-02108: A Land Use Permit authorizing the installation and operation of a wireless telecommunication facility, approved by the Zoning Administrator on September 20, 2004.
V. SITE/ AREA DESCRIPTION
The subject property located in the unincorporated Oakley area of Contra Costa County at 5480 Sellers Avenue is 9.95 acres and located within an A-3 Heavy Agricultural Zoning District and an AL Agricultural Lands General Plan land use designation. The subject property is generally developed with a single-family residence, residential accessory buildings, agricultural buildings and structures, and one wireless facility. The primary use of the property is for agricultural uses including a vineyard. The American Tower wireless telecommunications facility on the subject property consists of twelve (12) Verizon Wireless antennas and six (6) RRU units installed on a 73.4-foot-tall monopole, and four (4) equipment cabinets and other ancillary equipment installed within the ground level lease area. The wireless facility is generally surrounded by vineyards and landscaping trees. The parcel is mostly flat with a small hill on the eastern side of the parcel.
The surrounding area is similar to the subject site, consisting of relatively flat lots developed with single-family residences and used for agricultural purposes on parcels located within the A-3 Heavy Agricultural and the A-2 General Agricultural Zoning Districts and AL General Plan Land Use designation. In addition, the Burlington Northern-Santa Fe Railroad runs approximately northwest to southeast adjacent to the subject property, within a PS Public and Semi-Public General Plan Land Use designation.
VI. PROJECT DESCRIPTION
The applicant requests approval of a Land Use permit to allow the continuing operation of an existing American Tower wireless telecommunications facility currently in use by Verizon consisting of one 73.4-foot-tall monopole and ground-based equipment area within an approximately 1,514 square-foot lease area.
Based on the project plans and prior approvals for the facility, the existing facility consists of the following elements:
• One 73.4-foot tower with the following:
o Six (6) Verizon panel antennas - 2 per sector
o Three (3) L-SUB6 antennas - 1 per sector
o Three (3) CBRS antennas w/integrated radios - 1 per sector
o Six (6) RRU-12s
• Approximately 1,514-square-foot lease area with equipment including:
o Four (4) Verizon Equipment Cabinets within an equipment shelter
o Two (2) surge protectors
o VZW battery stack
o Telco box
o One (1) Verizon generator on an approximately 258-square-foot concrete pad
o One (1) GPS antenna
o Conduit, power cables, and fiber cables
o Miscellaneous small electrical equipment
No modifications of the wireless facility or its lease area are proposed with this Land Use permit application.
VII. AGENCY COMMENTS
An Agency Comment Request packet was sent on February 26, 2026, to a number of public agencies, including Building Inspection Division, Telecom Planning staff, Environmental Health Division of the Health Services Department, Contra Costa County Fire Protection District, and the Contra Costa Mosquito and Vector Control District. Agency comments received by staff are included in Attachment 3. Following are summaries of the agency comments received:
A. Contra Costa County Fire Protection District (CCCFPD): In an agency comment form received March 27, 2026, CCCFPD staff indicated no comment on the proposed project.
VIII. STAFF ANALYSIS AND DISCUSSION
A. General Plan:
Land Use Element: The subject property is located within an AL Agricultural Lands General Plan Land Use designation. Generally, parcels within this designation are non-irrigated, rural lands that may support grazing and dryland farming. Agricultural, open space, and non-urban uses are considered compatible with this designation. Other types of uses such as a wireless telecommunication facility are also considered compatible with the AL designation when conducted in accordance with the County’s policies for those uses and with the approval of a land use permit. The proposed project involves issuing a land use permit for the continuing use of a wireless facility that has been in operation since 2004 The project does not conflict with agricultural land uses on private property because it takes up a small area of the existing parcel. Additionally, the provision of cellular coverage provides a vital service to the area that would also be of benefit to nearby businesses, consumers, and/or residents in the area. Therefore, the land use is considered consistent and harmonious with land uses allowed within the AL designation.
Conservation, Open Space, and Working Lands Element: The existing American Tower facility is located on Sellers Avenue which has been designated as a County-designated scenic route as shown on Figure COS-12 Scenic Resources in the Conservation, Open Space, and Working Land Element. The facility is located approximately 409 feet east of Sellers Avenue in the approximate center of the 9.95-acre subject property, where ground-level equipment is screened by an existing vineyard, fence surrounding the facility’s lease area, and landscaped trees. In accordance with the standards and regulations of the County’s Wireless Telecommunications Ordinance for high-visibility facilities, staff has recommended conditions of approval that require the wireless facility including the antennas installed on the existing 73.4-foot monopole to be painted with a non-reflective finish in a color that blends with the surrounding landscape, and for landscaping to be planted and maintained for screening from public and nearby views at ground level to reduce potential visual impacts in the area as well as from Sellers Avenue. Therefore, as conditioned, the wireless facility would be consistent with applicable Scenic Resources policies in the County General Plan that are intended to protect scenic resources.
B. Zoning: The project site is located within an A-3 Heavy Agricultural zoning district. Generally, the purpose of the A-3 district is to provide for orderly development and land uses on land considered suitable for the production of food and/or fiber. Telecommunications facilities are a conditionally-permitted land use within the A-3 zoning district. Thus, the wireless telecommunications facility is consistent and compatible with the allowed uses within the A-3 district.
C. Wireless Telecommunications Facilities Ordinance (Chapter 88-24): The subject wireless telecommunication facility was established under a Land Use Permit approved by the County in the year 2004 (County File CDLP03-02108) and renewed in 2014 (County File CDLP14-02058) which has since expired. The applicant is seeking a renewal of the expired Land Use permit with no modifications to the facility proposed. Pursuant to County Ordinance 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. The operating permit for the subject communications tower expired prior to the submittal of this application. Therefore, the proposed renewal will be processed under the County’s current Wireless Ordinance, Chapter 88-24 of the County Code.
This application is a request to renew an existing American Tower facility in use by Verizon with no proposed modifications. As designed and conditioned, the facility will remain in compliance with this 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 or exceed design requirements to reduce the facility’s visual and aesthetic impacts, such as it must be: designed to blend in with the surrounding area, painted with a non-reflective finish and textured to match or blend in with the predominant background, and camouflaged if visible against a skyline. This facility with an existing 73.4-foot tower meets these 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: 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. No modifications to the existing tower structure or the communications equipment thereon are proposed with this application. 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 for the facility, prepared by a licensed electrical engineer (TEP RF Design & Services, dated February 11, 2026), indicates that the predicted maximum level of RF emissions measured at ground level will be 2.10% of the FCC General Population limits. Therefore, the project is compliant with federal regulations pertaining to RF emissions.
E. Appropriateness of Use: Wireless telecommunications facilities are conditionally permitted in the A-3, Heavy Agricultural zoning district in which the subject property is located. The proposed project will allow for the continued operation of an existing American Tower facility by Verizon and would not be to the detriment of established or future activities on or near the project site. Additionally, the provision of wireless telecommunications coverage provides a vital service to the area that benefits businesses, consumers, and/or residents in the area. Therefore, the project is an appropriate use of the subject property.
IX. CONCLUSION
As discussed throughout this report, the continuing operation of the existing American Tower wireless facility is consistent with the County General Plan, will be compliant with the County Zoning Ordinance, and will be consistent with the County’s Wireless Telecommunications Facilities Ordinance. Therefore, staff recommends that the Zoning Administrator approve County File #CDLP26-02004 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 View
3. Agency Comments
4. Site Photos
5. Project Plans