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Project Title: |
Land Use Permit Renewal to Continue Operation of an Existing Crown Castle Wireless Telecommunications Facility |
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County File(s): |
#CDLP26-02022 |
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Applicant: |
Isabel Chavez, Network Connex for Crown Castle |
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Owner: |
John A DeMartini Ranch, LLC |
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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: |
8050 Cummings Skyway, Cockett, CA (Assessor Parcel Numbers: 354-190-001, -002, and -004) |
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California Environmental Quality Act (CEQA) Status: |
Categorically Exempt: CEQA Guidelines, Section 15303(d) |
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Project Planner: |
Dominique Vogelpohl, Project Planner (925) 655-2880 Dominique.Vogelpohl@dcd.cccounty.us |
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Staff Recommendation: |
Approve (See Section II for Full Recommendation) |
I. PROJECT SUMMARY
Request for approval of a Land Use Permit renewal for the continued operation of an existing Crown Castle wireless telecommunications facility with the existing carrier T-Mobile. No modifications of the wireless facility are proposed.
II. RECOMMENDATION
Staff recommends that the Zoning Administrator:
A. FIND that the project is categorically exempt from CEQA under Section 15303(d) of the CEQA Guidelines;
B. APPROVE Land Use Permit CDLP26-02022, based on the attached Findings and subject to the attached Conditions of Approval; and
C. 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: The proposed project is categorically exempt under CEQA Guidelines, Section 15303(d), regarding “New Construction or Conversion of Small Structures,” which exempts the operation, repair, maintenance, and minor alteration of existing facilities of investor-owned utilities providing electrical, gas, sewage, and other utility services.
D. Prior County Files of Relevance:
a. LP96-2007: A Land Use Permit to establish this facility.
b. CV10-0016: A 5-year Compliance Review for LP96-2007 and to upgrade the existing T-Mobile facility.
c. LP12-2136: A Land Use Permit to upgrade the existing T-Mobile facility that was withdrawn.
d. CV15-0083: A 5-year Compliance Review for LP96-2007 and to upgrade the existing T-Mobile facility.
e. LP17-2014: A Land Use Permit to allow this facility to continue to operate.
f. CV17-0066: An Initial Compliance Review for LP17-2014.
g. WM19-0029: A Minor Alteration for a non-substantial modification to the existing T-Mobile facility that included antenna replacement.
h. WM20-0012: A Wireless Minor Alteration permit for a non-substantial modification to the existing T-Mobile facility to install a backup generator.
IV. SITE/AREA DESCRIPTION
The subject property is a 26-acre site located off Interstate 80 in the Crockett area. The location of the existing Crown Castle telecommunications facility is approximately 800-feet north of Cummings Skyway. The fenced area for the facility includes an existing concrete pad, two equipment shelters, and a separate dish tower. The existing facility consists of an equipment area and an approximately 27-foot tall monopole.
V. PROJECT DESCRIPTION
Approval of Land Use Permit CDLP26-02022 would allow the continued operation of the existing Crown Castle wireless telecommunications facility, consisting of the following elements:
• Access road from Cummings Skyway to fenced area where the facility is located.
• Utility extensions from PG&E poles within the fenced area.
• 156 square-foot (12’x13’) lease area for ground level equipment.
• The equipment area includes: 2 equipment cabinets, 1 battery cabinet, and 3
H-frames with other ancillary equipment.
• 117 square-foot (14’7”x8’) lease for the 25kw backup generator.
• 26’11” tall monopole tower includes: 12 antennas (4 per sector), and 6 radio units (2 per sector).
No modifications of the wireless facility or its lease area are proposed with this Land Use Permit application.
VI. AGENCY COMMENTS
Comments were solicited from the Crockett Community Service District, the Crockett Carquinez 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. With roughly 26 acres of raw land the existing wireless facility will not hinder the property’s capability to be used for agricultural purposes. Therefore, the continuing operation of this existing facility is consistent with the AL General Plan designation.
The subject property is adjacent to Cumming Skyway, which is a County designated scenic route according to Chapter 7 of the County General Plan. The General Plan’s Conservation Policy COS-P12.9 states, “Enable flexibility in the design of projects along scenic routes and support innovative solutions to protect views and visual quality”. The existing facility is consistent with this General Plan policy. The wireless facility is painted to blend in with the skyline in accordance with Code Section 88-24.408(3). Also, this land use permit is conditioned to maintain this paint job and that the new equipment and supports will also be painted to blend in. Therefore, the facility will not significantly diminish the scenic quality of the roadway or surrounding area and is consistent with the County’s General Plan policies and goals.
The site is also located in a 60dBA Noise Control Area as designated in the Health and Safety Element of the County General Plan. There is an existing 25kw backup generator that could generate noise levels that conflict with this General Plan policy. The Maximum Allowable Noise Exposure by Use contained in table HS-3 indicates that projected noise levels for this generator model would be at normally acceptable levels. Even so, this land use permit includes a condition of approval, “In the event that a modification to this facility involving noise-generating equipment is proposed, the applicant shall submit evidence for review and approval of CDD staff that the wireless telecommunications facility meets acceptable exterior noise level standards as established in the Maximum Allowable Noise Exposure by Use contained in Table HS-3 in the Health and Safety Element of the County General Plan. The evidence can either be theoretical calculations for identical equipment or noise monitoring data recorded on the site, and shall be provided prior to final building inspection”. As the area is a 26-acre property with no urbanized area within approximately 10,000-feet, the potential noise levels are consistent with the area.
Therefore, the continuing operation of this existing wireless telecommunications facility is consistent with the policies and goals of the County’s General Plan.
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. The existing lease area with all its contents is located at the rear of the property and over 300-feet from the rear property line, and therefore, meets all A-2 setbacks.
C. Wireless Telecommunications Facilities Ordinance (Chapter 88-24): The subject wireless telecommunications facility was established under a Land Use Permit #LP96-2007 that expired on July 22, 2016, and was not renewed until Land Use Permit #LP17-2014 on August 7, 2017. 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 #LP17-2014, so it was subject to Chapter 88-24, and therefore, this renewal will also 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. There is only one other tower in proximity, but it is approximately 1,300-feet away. The facility is also located within proximity of a County-designated scenic ridge, but it was established in 1996 and has remained a vital telecommunications facility covering this area for twenty years. 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 at the rear of the property and 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 the facility’s monopole is to be painted to blend in with the sky, and will be maintained with enforcement of the conditions of approval when a modification is made to the facility.
Lastly, 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.
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. The last modification that altered RF emissions for this facility was installation of new antennas in 2020. A Radio Frequency-Electromagnetic Energy (RF-EME) Compliance Report prepared by SiteSafe, LLC (July 12, 2019) approved under County File #WM19-0029 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.
VIII. CONCLUSION
The continuing operation of the existing Crown Castle 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 #CDLP26-02022 based on the attached findings and subject to the attached conditions of approval.