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Project Title: |
Land Use Permit for the Continued Operation of an Existing SBA Towers X, LLC Wireless Telecommunications Facility |
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County File(s): |
#CDLP26-02028 |
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Applicant: |
Jacob Hamilton on behalf of SBA Towers X, LLC |
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Owner: |
Castagna Hoyt |
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Zoning: |
A-2 General Agricultural District |
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General Plan: |
Agricultural Lands (AL) |
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Site Address/Location: |
4310 Knightsen Ave, Oakley, CA 94561 (Assessor Parcel Numbers: 032-040-055, 032-040-059, 032-040-058, 032-040-053, 032-040-060, 032-040-057, 032-040-043) |
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California Environmental Quality Act (CEQA) Status: |
Categorical Exemption: Class I, CEQA Guidelines Section 15301(b). |
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Project Planner: |
Everett Louie, Project Planner (925) 655-2873 Everett.Louie@dcd.cccounty.us |
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Staff Recommendation: |
Approve (See Section II for Full Recommendation) |
I. PROJECT SUMMARY
The applicant requests for approval of a Land Use Permit to allow for the continued operation of an existing SBA Towers wireless telecommunications facility with the existing T-Mobile carrier and future AT&T carrier. Presently the wireless facility remains in operation and no modifications to the wireless facility are proposed.
II. RECOMMENDATION
Staff recommends that the Zoning Administrator:
A. OPEN the public hearing on the SBA Towers Wireless Telecommunications Facility, RECEIVE testimony, and CLOSE the public hearing;
B. FIND that the project is categorically exempt from CEQA under Section 15301(b) of the CEQA Guidelines;
C. APPROVE Land Use Permit CDLP26-02028, based on the attached Findings and subject to the attached Conditions of Approval; and
D. 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 Agricultural Lands (AL) land use designation.
B. Zoning: The subject property is located within an A-2 General Agricultural Zoning 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. Prior County Files of Relevance:
a. 123-72: This was an application requesting a Land Use Permit on this site to establish a mobile home park. The application was denied on August 8, 1972.
b. LP06-02016: This application was for a land use permit to establish the subject unmanned wireless communications facility, and was approved on November 19, 2007.
c. CV13-00027: This application was an administrative 3-year Compliance Review for County File #LP06-2016.
d. LP15-02046: A Land Use Permit to upgrade the existing telecommunications facility was approved on June 6, 2016.
e. CV16-00067: This application was the initial administrative Compliance Review for LP15-2046.
f. WM16-00006: A Minor Alteration for a non-substantial modification to the existing T-Mobile facility that includes installing a backup generator and fuel tank.
g. CV21-00013: This application was an administrative 3-year Compliance Review for County File #LP15-2046.
h. WM22-00013: A Minor Alteration for a non-substantial modification to the existing T-Mobile facility that installed a generator and a fuel tank and included a 3-year Compliance review for County File #LP15-02046.
i. WM24-00012: A Minor Alteration permit for a non-substantial modification to the existing T-Mobile facility to install antennas and ground equipment.
j. WM26-00005: A Minor Alteration permit for a non-substantial modification to the existing SBA Telecommunications facility to collocate AT&T including the installation of antennas, ground equipment and a backup generator. To the date of this staff report, the AT&T equipment has not yet been installed.
IV. SITE/AREA DESCRIPTION
The approximately 10-acre project site is in the Knightsen area and is surrounded by agricultural lots some of which have residences on them. The lease area facility is approximately 3600 square feet in area and is located approximately 1600 feet east of Knightsen Avenue and 1300 feet south of Cypress Road. The facility is enclosed with a chain-link fence enclosure and includes a T-Mobile Generator and equipment cabinet. The existing facility consists of an equipment area and an approximately 80-foot tall monopine.
V. PROJECT DESCRIPTION
Approval of Land Use Permit CDLP26-02028 would allow the continued operation of the existing SBA Towers wireless telecommunications facility, consisting of the following elements:
• Access road from Virginia Lane to fenced area where the facility is located.
• Approximately (60’ x 60’) 3,600-square-foot fenced lease area for ground level equipment.
• Utility extensions from PG&E vault.
• 80’ tall monopole.
• The ground-based equipment for T-Mobile includes: 1 Generator, 1 concrete equipment pad, 1 equipment cabinet, various H-Frames and ancillary equipment.
• Chain link fence enclosure.
Prior to the submittal of this Land Use Permit application, AT&T received approval to collocate on the existing facility under WM26-00005 which was approved on June 2, 2026. However, the building permit has not yet been issued for this and as such, the equipment approved under WM26-00005 is identified as future AT&T equipment and not proposed under this application. No modifications of the wireless facility or its lease area is proposed with this Land Use Permit application.
VI. AGENCY COMMENTS
Comments were solicited from the Contra Costa County Fire Department, Contra Costa County Building Inspection Division, and Contra Costa County Environmental Health Division. No comments were received from these agencies prior to the preparation of this report.
VII. STAFF ANALYSIS AND DISCUSSION
A. General Plan: The subject property is located within an Agricultural Lands (AL) General Plan Land Use designation. The AL designation includes privately-owned rural land with the purpose of preserving and protecting agricultural use of the land. Wireless telecommunications facilities are allowed within this designation if the facility does not detract from the primary agricultural use. The telecommunications facility will be located on 10.28 acres of land and will only occupy a very small portion of that land (approximately 0.80%) and as such, will not hinder the property’s capability to be used for agricultural purposes. Allowing the continued operation of an existing wireless telecommunications facility will provide communication services for residence and visitors of Contra Costa County. Various people, companies, and agencies within the County utilize different forms of wireless telecommunication services for a wide range of activities. The proposed facility will help in supporting the ongoing demand for those services. The use does not conflict with the AL General Plan designation, and telecommunication uses are common throughout the county in areas with the AL General Plan designation.
B. Zoning: The project site is located within an A-2 General Agricultural Zoning District. A wireless telecommunications facility is permitted in an A-2 district and pursuant to County Code Section 84-38.404(4) upon the granting of a land use permit. This Land Use Permit is to allow for the continued operation of an existing, compliant facility. Therefore, the project is consistent with the allowed uses in the A-2 district.
Pursuant to Section 84-38.10 the A-2 district requires a 25-foot front yard setback, 20-foot side yards, and a 15-foot rear 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. Pursuant to the site plan provided, the tower and all equipment is located over 300 feet front the front, over 30 feet from a side and over 900 feet from the rear. Furthermore, the wireless facility is existing and there are no proposed modifications or proposed expansion with this Land Use Permit. Therefore, the existing tower and equipment complies with the A-2 zoning district setbacks.
Pursuant to Section 82-2.008, building height restrictions do not apply to radio towers, television towers, telephone poles and telegraph poles. While this section does not explicitly state a wireless tower is included, wireless facilities are of similar use and scope to a radio tower, television tower and other utility towers and as such, is not subject to height restrictions.
C. Wireless Telecommunications Facilities Ordinance (Chapter 88-24): The subject wireless telecommunications facility was established under a Land Use Permit #LP06-02016 that expired on November 30, 2017, and was renewed under Land Use Permit #LP15-02046 on June 6, 2016. Subsequently, Land Use Permit #LP15-02046 expired on June 17, 2026. Pursuant to County Ordinance §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 facility expired prior to the submittal of this Land Use Permit LP26-02028 on September 25, 2026, and therefore, this application will be processed under the County’s current Wireless Ordinance, Chapter 88-24 of the County Code.
The applicant is seeking a Land Use permit for the continuing operation of an existing wireless telecommunications facility. 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 location requirements of Section 88-24.406, collocation is encouraged, and no new tower can be located within 1,000 feet of an existing tower unless certain findings are made. A new facility must also not visually impact a scenic ridgeline unless the facility is required to close a significant gap in coverage. The existing facility includes an existing antenna tower and there is not another tower within 1,000 feet. The facility is also not located within proximity of a County-designated scenic ridge pursuant to Figure COS-12 of the Conservation, Open Space, and Working Lands Element of the Contra Costa County 2040 General Plan. Section 88-24.406(d) requires telecommunications facilities to meet the setback requirements that apply in the zoning district where the facility is located. The facility’s lease area with all its contents is located outside of all A-2 required setbacks. Therefore, the existing facility meets the location requirements of Section 88-24.406 of the Wireless Ordinance.
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. As conditioned, the existing facility meets this criterion as it is designed to have the appearance of a pine tree and is considered a stealth antenna structure. All of the existing and proposed antennas would be completely contained within a faux monopine foliage. Additionally, conditions of approval will require all new and replacement equipment to be designed to be stealthed and camouflaged within the existing faux pine tree.
Pursuant to the safety and security guidelines of Section 88-24.412, the facility is also consistent with the location, safety and security, and operational requirements of the Wireless Ordinance. The facility is on private property behind locked gates and not accessible to the general public, only accessible to authorized personnel.
Lastly, pursuant to Section 88-24.606, the facility provided a financial assurance bond in the amount of $75,000.00 under Bond Number 800297045 on October 23, 2026, for a minor wireless permit WM26-00005. This amount was determined to be sufficient to cover all existing equipment and the future AT&T collocation equipment onto the existing SBA Communication Wireless facility during the permitting of WM26-00005. Furthermore, a condition of approval is included that requires the applicant or permittee to verify that the $75,000.00 surety bond covers the cost to remove the entire facility and to return the site to its pre-development condition.
Therefore, the entire wireless telecommunications facility as conditioned 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. No changes to the communications equipment are proposed and all existing antennas will remain. WM26-00005 reviewed and approved for this site a minor modification to add antennas to the tower. Under WM26-00005, a Radio Frequency Compliance report was submitted and determined that the future AT&T antennas will not result in exposure of the public to excessive levels of radio frequency energy. The report only recommended installation of a caution signage to keep AT&T’s future operations compliant with applicable FCC regulations. Additionally, included in this Land Use Permit application, the applicant submitted a separate Radio Frequency Compliance report prepared by Waterford registered professional engineer Tim Alexander. The report determined that the site complies with radiofrequency exposure limits and recommended installation of RG sign near the equipment cabinets or at the base of the tower. Therefore, two RF reports were submitted and 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 2007 under County File LP06-02016. Wireless communications facilities are conditionally allowed within the AL General Plan land use designation and the A-2 zoning district. The County is unaware of any nuisance arising from the operation of the existing facility to date. 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.
VIII. CONCLUSION
The continuing operation of the existing SBA Towers wireless telecommunications facility is consistent with the County General Plan Agricultural Lands (AL) land use designation, compliant with the applicable standards and policies of the County Zoning Ordinance, and as conditioned is consistent with the provisions of the County’s Wireless Telecommunication Facilities Ordinance. Therefore, staff recommends that the Zoning Administrator approve County File #CDLP26-02028 based on the attached findings and subject to the attached conditions of approval.
Attachments:
A. CDLP26-02028 Findings and Conditions of Approval
B. Maps
C. Radiofrequency Emissions Report
D. Surety Bond
E. Project Plans