|
STAFF REPORT |
Agenda Item #_____ |
|
|
|
|
Project Title: |
Land Use Permit Renewal for Continued Operation of an Existing T-Mobile Wireless Telecommunications Facility |
|
|
|
|
County File: |
Land Use Permit CDLP25-02030 |
|
|
|
|
Applicant/Owner: |
Isabel Chavez, Network Connex for T-Mobile (Applicant) / Pacific Gas & Electric (PG&E) Company and Lauren Harris (Owners) |
|
|
|
|
Zoning/General Plan: |
P-1 Planned-Unit District / RM Residential Medium Density |
|
|
|
|
Site Address/Location: |
Located on a transmission tower in a PG&E easement on a property located at 111 Manor Drive, Bay Point (Assessor’s Parcel Number: 093-072-004) |
|
|
|
|
California Environmental Quality Act (CEQA) Status: |
Categorical Exemption - Class 1: CEQA Guidelines Section 15301(b), Existing Facilities |
|
|
|
|
Project Planner: |
Allison Seoane, Project Planner (925) 655-2871 |
|
|
Allison.Seoane@dcd.cccounty.us |
|
|
|
|
Staff Recommendation: |
Approve (See Section II for Full Recommendation) |
|
|
|
I. PROJECT SUMMARY
A request for approval of a Land Use Permit and Development Plan combination to renew active Land Use Permit CDLP15-02053 for the continued operation of an existing T-Mobile wireless telecommunications facility and a deviation for a 4-foot, 4-inch rear yard (where 15-feet is the minimum required) to allow the existing ground level equipment area to remain in its current location. No modifications to the wireless facility are proposed.
II. RECOMMENDATION
Department of Conservation and Development, Community Development Division (CDD) staff recommends that the County Zoning Administrator:
A. FIND that the project is categorically exempt from CEQA under Section 15301(b) of the CEQA Guidelines.
B. APPROVE Land Use Permit CDLP25-02030, 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: RM Residential Medium Density.
B. Zoning: Bay Point P-1 Planned-Unit District.
C. California Environmental Quality Act (CEQA) Compliance: Categorical Exemption - CEQA Guidelines, Section 15301(b), Existing Facilities, Class 1 exemption for existing facilities of investor-owned utilities providing electrical, gas, sewage, and other utility services.
D. Previous Applications:
1. CDLP00-02087: A Land Use Permit for Metricom/Whalen and Company to establish a wireless telecommunications facility on an existing PG&E tower was approved by the Zoning Administrator on November 27, 2000, for a time period of 10-years to November 27, 2010.
2. CDLP12-02063: A Land Use Permit to renew and modify the expired Land Use Permit under CDLP00-02087 for the former Metricom/Whalen and Company, now Metro PCS, wireless telecommunications facility was approved by the Zoning Administrator on October 15, 2012, for a time period of 10-years to October 15, 2022.
3. CDCV13-00007: An approved 3-year Compliance Review of Land Use Permit CDLP12-02063.
4. CDLP13-02119: A Land Use Permit to modify the Metro PCS wireless telecommunications facility was withdrawn on February 26, 2016.
5. CDLP15-02053: A Land Use Permit to modify the former Metro PCS, now T-Mobile, wireless telecommunications facility was approved by the Zoning Administrator on April 18, 2016, for a time period of 10-years to April 18, 2026.
6. CDWM20-00023: A Wireless Minor Alteration Permit for non-substantial modifications of the T-Mobile wireless telecommunications facility approved on January 6, 2021.
IV. SITE/AREA DESCRIPTION
The project site is located at 111 Manor Drive in the Bay Point area of unincorporated Contra Costa County. The subject T-Mobile wireless telecommunications facility is located within a 40-foot-wide Pacific Gas and Electric Company (PG&E) right-of-way easement that spans several rear yards along the south and east sides of Manor Drive.
This property is in a residential area of Bay Point surrounded by other properties that are predominantly residential, with some mixed-uses in the vicinity off of the nearby Willow Pass Road. The parcel contains a single-family residence, with the PG&E transmission tower located in the rear yard on the southeast side of the property. The T-Mobile facility includes two antenna areas, both located on the PG&E tower, one 76-feet above the ground and the other 42-feet, and a 160 square-foot ground level equipment area at the foot of the tower enclosed with 6-foot-tall solid board fencing.
V. PROJECT DESCRIPTION
This is a request for Land Use Permit renewal to allow the continued operation of a T-Mobile wireless telecommunications facility that had been operating under Land Use Permit CDLP15-02053 that is set to expire on April 18, 2026, and a development Plan with a deviation for a 4-foot, 4-inch rear yard (where 15-feet is the minimum required) to allow the existing ground level equipment area to remain in its current location. As shown in Attachment C, the facility consists of two antenna areas attached to the PG&E tower containing six antennas (three per antenna area), three TMAs (one per antenna area), and six diplexers (two per antenna area), and the ground level equipment area is a 160 square-foot fenced-in lease area that includes: three cabinets, one telco box, one ciena unit, two tech LED lights, conduit stub ups, one meter, one PPC, one emergency disconnect switch, and one GPS antenna. The facility’s utilities run from Manor Drive through a 2-foot-wide easement along the south side of the property to the equipment area.
VI. AGENCY COMMENTS
An Agency Comment Request packet was sent on August 19, 2025, to a number of public agencies, including the Building Inspection Division, the East Contra Costa County Habitat Conservancy <https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.cocohcp.org%2F&data=04%7C01%7CDominique.Vogelpohl%40dcd.cccounty.us%7C69298dcc6342418fd1ba08d9cefa5402%7C76c13a07612f4e06a2f4783d69dc4cdb%7C0%7C0%7C637768396835978932%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=CLxxyDiPtsGp7ixLjJAs%2Bbx29h9iKt6GhuNeVujDTQE%3D&reserved=0>, the Environmental Health Division of Contra Costa Health, the Contra Costa County Fire Protection District, the Delta Diablo Sanitary District, the Golden State Water Company, the City of Pittsburg, the Bay Point Municipal Advisory Council, and the Contra Costa Mosquito and Vector Control District. Agency comments received by staff are included in Attachment F. The following are summaries of the agency comments received:
A. Golden State Water Company: On August 20, 2025, the Golden State Water Company (GSWC) submitted an Agency Comment Request form stating that the applicant must apply directly with GSWC for water service.
B. East Contra Costa County Habitat Conservancy <https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.cocohcp.org%2F&data=04%7C01%7CDominique.Vogelpohl%40dcd.cccounty.us%7C69298dcc6342418fd1ba08d9cefa5402%7C76c13a07612f4e06a2f4783d69dc4cdb%7C0%7C0%7C637768396835978932%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=CLxxyDiPtsGp7ixLjJAs%2Bbx29h9iKt6GhuNeVujDTQE%3D&reserved=0>: On September 8, 2025, HCP/NCCP Staff submitted an email stating that the project is not subject to the County’s HCP/NCCP Ordinance, and as such, staff had no comments on the project.
C. Contra Costa County Fire Protection District: On September 15, 2025, the Fire Protection District submitted an Agency Comment Request form stating that it had no comments on the project.
This application was forwarded to the Bay Point Municipal Advisory Council (MAC) for comments, but to this date, no comments have been received. As this project is bound by the shot clock established by the Federal Communications Commission (FCC), staff has scheduled the project for hearing without MAC comments. However, the Bay Point MAC will receive the public hearing notice and will be able to present any concerns that the MAC may have to the Zoning Administrator. Please note, the Bay Point MAC did not comment when the facility was modified in 2015, but they did recommend approval when it was modified in 2012 and when this facility was first established in 2000.
VII. STAFF ANALYSIS AND DISCUSSION
A. General Plan: The T-Mobile wireless telecommunications facility is located within the RM Residential Medium Density General Plan land use designation. The RM land use designation includes single-family residences on small lots as well as various multi-family housing types and limited nonresidential uses that serve and support nearby homes. Pursuant to the Wireless Telecommunications Facilities Ordinance (Ordinance No. 2016-11), a wireless telecommunications facility may be located on the project site, since the facility provides telecommunications services that would be consistent with residential activities in the area.
B. Zoning: The project site is located within the Bay Point P-1 Planned-Unit District. The Bay Point P-1 District allows commercial radio and television receiving and transmitting facilities, excluding broadcasting studios or business offices, with a valid land use permit (Bay Point Land Use Matrix). In the Bay Point P-1, wireless telecommunications facilities can be allowed after the granting of a land use permit/development plan combination. Such facilities provide necessary communication services to the local community and are compatible with and enhance the allowed uses in the P-1 District. With respect to the P-1 Development Standards, the antenna equipment being located on the PG&E transmission tower is exempt from setback requirements, but the ground level equipment area is not, and therefore, requires a deviation to allow the lease area to maintain a 4-foot, 4-inch rear yard (where 15-feet is the minimum required). The Development Plan Findings in Attachment A are in support of allowing for such a reduced rear yard due to the existing location of the wireless facility and its needed proximity to the PG&E tower. Thus, through issuance of this land use permit/development plan combination, the proposed project complies with the Bay Point Planned Unit District (P-1).
C. Wireless Telecommunications Facilities Ordinance: The subject wireless telecommunications facility was first established as a satellite communication system under Land Use Permit CDLP00-02087, which expired on November 27, 2010. Continued operation of the wireless facility was granted under Land Use Permit CDLP15-02053, which expires on April 18, 2026. Pursuant to County Code 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. This is the case for this entitlement as the operating permit for the subject telecommunications facility is set to expire on April 18, 2026.
This facility was originally regulated under the County’s 1998 Telecommunications Policy, which provides guidelines and policies intended to minimize telecommunications facilities adverse environmental effects and ensure that the facilities are maintained and operated in such a manner that they do not compromise safety or pose problems with the use of the land. Within the 1998 Telecommunications Policy, there are guidelines that call for facilities aesthetic impacts to be minimized to the point where the facility is unnoticeable through such methods as designing facilities to appear as natural features found in the immediate area, screening the equipment with landscaping, or painting the equipment to better blend in with surroundings. The existing condition of this facility is consistent with this policy being painted with a non-reflective paint that will blend in with the existing PG&E transmission tower in order to minimize the overall visual impact. Additionally, the equipment area is surrounded by solid board fencing. As these are the current conditions, and this Land Use Permit is conditioned to maintain these visual conditions, the facility is still compliant with the 1998 Telecommunications Policy.
D. Federal Communications Commission Regulations: The Radio Frequency - Electromagnetic Energy (RF-EME) Compliance Report (Global Technology Associates, December 4, 2025) that was received on December 8, 2025, is a report on measured radio frequency electromagnetic (RF-EME) emissions originating from the wireless telecommunications facility, pursuant to Federal Communications Commission (FCC) regulations. The RF-EME report is included in Attachment E. The report indicates that the highest level of RF-EME emissions is 2.3% of the allowable FCC general public limit. Thus, the RF-EME report includes recommendations for signage and restricted access to the ground-level equipment area and PG&E tower. Access is currently restricted as the ground-level equipment and PG&E tower are enclosed with fencing and a locked gate. The recommendations in the RF-EME report are included in the Conditions of Approval. Thus, as conditioned, the wireless facility would be compliant with federal regulations pertaining to RF-EME emissions.
E. Appropriateness of Use: The subject wireless telecommunications facility has been established on the project site since 2000, and the continued operation of the existing wireless telecommunications facility within the satellite communication compound was granted in 2015 for a period of 10 years to 2026. Staff is not aware of any nuisances that have arisen as a result of operation of the existing facility. Neither the PG&E tower nor the ground-level equipment area fencing display any type of advertising, and the wireless facility is visually in kind with the PG&E tower it is located on. The project will be consistent with the RM Residential Medium Density General Plan land use designation. Thus, the continued operation of this facility is an appropriate use for the project site and will not be detrimental to the surrounding area.
VIII. CONCLUSION
The continued operation of the existing T-Mobile wireless telecommunications facility is consistent with the General Plan, the Bay Point P-1 Planned-Unit District, the Wireless Telecommunications Facilities Ordinance, and applicable FCC regulations. Staff recommends that the Zoning Administrator approve County File CDLP25-02030, based on the attached findings and subject to the attached conditions of approval.