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Project Title: |
Land Use Permit to Renew Land Use Permit CDLP16-02046 for an Existing T-Mobile Wireless Telecommunications Facility. |
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County File(s): |
CDLP25-02038 |
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Applicant/Owner: |
Isabel Chavez, Network Connex on behalf of T-Mobile West LLC (Applicant) / East Bay Municipal Utility District (Owner) |
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Zoning/General Plan: |
A-80 Exclusive Agricultural District / PS Public and Semi-Public |
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Site Address/Location: |
4505 Happy Valley Road in the Lafayette area of unincorporated Contra Costa County (Assessor’s Parcel Number: 365-260-001) |
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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 CDLP16-02046 for an existing T-Mobile wireless telecommunications facility. No 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 CDLP25-02038 to renew the Land Use Permit for 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: PS Public and Semi-Public.
B. Zoning: A-80 Exclusive 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:
CDLP99-02037: This Land Use Permit to establish a new unmanned wireless telecommunications facility for Pacific Bell Wireless at an existing water storage tank, was approved by the Zoning Administrator on September 27, 1999 for a period of ten years to October 8, 2009.
CDZI08-12406: This Zoning Investigation application for replacement of two existing antennas for the T-Mobile wireless telecommunication facility approved under CDLP99-02037 with no change in height or location was administratively approved on January 6, 2009. (T-Mobile succeeded Pacific Bell Wireless as the wireless carrier operating this facility.)
CDLP09-02040: This Land Use Permit to renew Land Use Permit CDLP99-02037 for the existing T-Mobile wireless telecommunication facility was approved by the Zoning Administrator on July 12, 2010, for a period of ten years to July 23, 2020.
CDLP16-02046: This Land Use Permit to modify the existing T-Mobile wireless telecommunication facility approved by the Zoning Administrator on December 2, 2016 for a period of ten years to December 2, 2026. The modifications included relocation of existing ground equipment from a 34 square-foot lease area west of the water storage tank to a 56 square-foot lease area east of the tank, and replacing antennas and ancillary equipment.
CDWM19-00020: This Wireless Minor Alteration Permit for a non-substantial modification to the T-Mobile wireless telecommunications facility was approved by the Zoning Administrator on October 14, 2019 for the remaining term of Land Use Permit CDLP16-02046 to December 2, 2026.
CDWM21-00039: This Wireless Minor Alteration Permit for a non-substantial modification to the T-Mobile wireless telecommunications facility was approved by the Zoning Administrator on November 23, 2021 for the remaining term of Land Use Permit CDLP16-02046 to December 2, 2026.
CDWM21-00044: This Wireless Minor Alteration Permit for a non-substantial modification to the T-Mobile wireless telecommunications facility was approved by the Zoning Administrator on August 5, 2022 for the remaining term of Land Use Permit CDLP16-02046 to December 2, 2026.
IV. SITE/AREA DESCRIPTION
The project site is a 0.97 acre parcel owned by the East Bay Municipal Utility District (EBMUD) that is located at 4505 Happy Valley Road, approximately 300 feet south of the intersection of Happy Valley Road and Wellesley Drive. The site is accessed via an unpaved private road off of Happy Valley Road that crosses the southeasternmost portion of an adjacent 146.9-acre parcel also owned by EBMUD. The site is located atop a small ridge that is generally surrounded by agricultural land to the north and low-density residential parcels to the south. The site includes the Valley View Reservoir, a large water storage tank. The T-Mobile wireless telecommunication facility is located around the perimeter of the Reservoir structure, and is one of four wireless telecommunication facilities at the site. The water tank and wireless telecommunication facilities are surrounded by a chain-link fence to limit access. There are young and mature trees that have been planted around the fence that screen the Reservoir and telecommunication facilities from surrounding properties.
V. PROJECT DESCRIPTION
The applicant request approval of a Land Use Permit to renew the current Land Use Permit for the existing T-Mobile wireless telecommunications facility at the Valley View Reservoir. No equipment changes or changes to the conditions of approval are proposed as part of the project. The current wireless telecommunications facility consists of the following:
• Six (6) antennas and ancillary equipment in three sectors, reaching a maximum height of 33 feet 4 inches.
• T-Mobile equipment cabinets and associated ground-mounted equipment within the 56 square-foot lease area located east of the water storage tank.
VI. AGENCY COMMENTS
An Agency Comment Request packet was sent on November 7, 2025 to a number of public agencies, including the Building Inspection Division, the Advance Planning Section, the Environmental Health Division of Contra Costa Health, the Contra Costa County Fire Protection District, and the East Bay Municipal Utility District. Comments received by staff are included in Attachment D. Following are summaries of the comments received.
A. Advanced Planning Section: The Advance Planning Section returned the Agency Comment Request form on December 7, 2025, with no comments.
B. East Bay Municipal Utility District. On December 4, 2025, EBMUD submitted a memorandum stating that changes to the facility are subject to EBMUD approval.
C. Contra Costa County Fire Protection District. The Fire Protection District returned the Agency Comment Request form on December 16, 2025, with no comments.
VII. STAFF ANALYSIS
A. General Plan Consistency: The project site is located in the PS Public and Semi-Public General Plan land use designation, which includes properties owned by public government agencies, public transportation corridors, and utility corridors. Pursuant to the Wireless Telecommunications Facilities Ordinance (Ordinance No. 2016-11), a wireless telecommunications facility may also be located within in the Public and Semi-Public designation. The facility also provides telecommunications service that would be compatible and consistent with other land uses in the Lafayette 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 PS General Plan designation.
Figure COS-12, Scenic Resources of the Conservation, Open Space, and Working Lands Element of the 2045 General Plan indicates that the northwestern portion of Happy Valley Road is 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 Valley View Reservoir is located approximately 630 feet southeast of Happy Valley Road, at the end of an unpaved private road off of the scenic route. Due to existing vegetation and topography, none of the existing wireless telecommunication facilities are visible from the scenic route. Thus, the continued use of the T-Mobile wireless telecommunication facility would not alter existing views of the area from Happy Valley Road, and would be consistent with the General Plan scenic route policies.
B. Zoning Compliance: The project site is located in an A-80 Exclusive Agricultural District. Allowable uses in the A-80 District include commercial radio and television receiving and transmitting facilities excluding broadcasting studios or business offices, with a valid land use permit (County Code Sections 84-84.402 and 84-80.404(17)). With approval of the CDLP25-02038 application, the renewal of the land use permit for the existing T-Mobile wireless telecommunications facility would be consistent with the A-80 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 renewal of the land use permit for the existing wireless facility with no proposed modifications to the existing antennas, ground-mounted and ancillary equipment, or to the existing 56 square-foot 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 for Wireless Minor Alteration Permit CDWM21-00044, the most recent permit allowing a non-substantial modification to the T-Mobile facility, the applicant provided the Radio Frequency - Electromagnetic Energy (RF-EME) Compliance Report (Anchor) (EBI Consulting, March 14, 2022), 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. There have been no changes to the wireless facility since replacement of antennas and ancillary equipment pursuant to approved Minor Alteration Permit CDWM21-00044 and no changes are proposed with this Land Use Permit application. Thus, the wireless facility would remain 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 1999. 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 aesthetic requirements of the prior CDLP16-02046 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, renewal of the land use permit for this wireless facility would not be detrimental to surrounding land-use activities, making the project an appropriate use of the subject property.
VIII. CONCLUSION
Allowing the renewal of the Land Use Permit for the existing T-Mobile wireless telecommunication facility is consistent with the General Plan, the A-80 General Agricultural District, the Wireless Telecommunications Facilities Ordinance, and applicable FCC regulations. Staff recommends approval of Land Use Permit CDLP25-02038, based on the attached findings and subject to the attached conditions of approval.