|
STAFF REPORT |
Agenda Item #_____ |
|
|
|
|
Project Title: |
Land Use Permit to Modify Land Use Permit CDLP22-02072 |
|
|
|
|
County File(s): |
CDLP25-02020 |
|
|
|
|
Applicant/Owner: |
Lynda McClung, Network Connex on behalf of Crown Castle/T-Mobile West LLC (Applicant) / HJSCMB-DONOVAN LLC (Owner) |
|
|
|
|
Zoning/General Plan: |
A-4 Agricultural Preserve District / AL Agricultural Lands |
|
|
|
|
Site Address/Location: |
Kirker Pass Road near Hess Road in the Concord area of unincorporated Contra Costa County (Assessor’s Parcel Number: 094-130-017) |
|
|
|
|
California Environmental Quality Act (CEQA) Status: |
Exempt under the General Rule of Applicability, CEQA Guidelines Section 15061(b)(3) |
|
|
|
|
Project Planner: |
Nai Saephan, Planner I, (925) 655-2874 |
|
|
nai.saephan@dcd.cccounty.us |
|
|
|
|
Staff Recommendation: |
Approve (See Section II for Full Recommendation) |
|
|
|
I. REPORT SUMMARY
The applicant requests approval of a Land Use Permit to remove Condition of Approval number 10 of Land Use Permit CDLP22-02072 for an existing T-Mobile wireless telecommunications facility. No modifications of 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 exempt from CEQA under Section 15061(b)(3) of the CEQA Guidelines, General Rule of Applicability.
B. APPROVE the Land Use Permit CDLP25-02020 for modification of the conditions of approval of Land Use Permit CDLP22-02072 to remove condition number 10, 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: AL, Agricultural Lands.
B. Zoning: A-4 Agricultural Preserve District.
C. California Environmental Quality Act (CEQA): The proposed project is exempt under CEQA Guidelines Section 15061(b)(3) regarding the General Rule of Applicability, where it can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment.
D. Previous Zoning Applications:
Two wireless carriers (T-Mobile and Sprint) are located on the project site, and several applications have been processed since the year 1996. The Sprint wireless telecommunications facility is not part of this land use permit, therefore, below are the applications that relate to this Crown Castle wireless telecommunications facility which is currently in use by T-Mobile (the “T-Mobile wireless telecommunications facility”).
1. CDLP98-02016: This Land Use Permit to establish a new unmanned wireless telecommunications facility consisting of one equipment cabinet and two 15-foot-high poles upon which panel antennas are mounted, was approved by the Zoning Administrator on November 9, 1998 for a period of 10 years to November 19, 2008.
2. CDLP08-02071: This Land Use Permit for the continuing operation of the existing T-Mobile wireless telecommunications facility was approved by the Zoning Administrator on September 20, 2010 for a period of 10 years to October 1, 2020.
3. CDLP22-02016: This Land Use Permit for the continuing operation of the existing T-Mobile wireless telecommunications facility was approved by the Zoning Administrator on August 15, 2022 for a period of 10 years to August 26, 2032.
4. CDLP22-02072: This Land Use Permit to expand the T-Mobile lease area to 96.5 square feet and install a second 20-foot-tall monopole with new panel antennas and associated equipment, along with replacement of panel antennas and associated equipment on the existing 20-foot-tall monopole, and installation of new equipment cabinets on a new concrete pad and ancillary ground equipment, was approved by the Zoning Administrator on October 2, 2023 for a period of 10 years to October 13, 2033. The CDLP22-02072 Permit superseded the CDLP22-02016 Permit.
IV. SITE/AREA DESCRIPTION
The project site is an approximately 83-acre agricultural parcel located along Kirker Pass Road near Hess Road in the Concord area of unincorporated Contra Costa County. The property is within the A-4 Agricultural Preserve District and is surrounded by large parcels located within the A-2 General Agricultural District to the north, south, and west, and other parcels in the A-4 Agricultural Preserve District to the east. Generally, the area is agricultural or open space in nature with the nearest residence approximately 775 feet northeast of the project site. The site is mostly undeveloped with no structures or improvements other than the two wireless telecommunications facilities located towards the northeastern portion of the parcel close to Kirker Pass Road and two PG&E transmission towers located on the northwest corner of the parcel. The two wireless facilities have been in operation in an approximately 650-square-foot area of the property located approximately 75 feet from the Kirker Pass right-of-way since the year 1996 when Sprint Spectrum Wireless established the first facility (Land Use Permit CDLP96-02072). The existing approximately 96.5-square-foot Crown Castle lease area currently in use by T-Mobile is adjacent to the Sprint lease area. Sprint was subsequently acquired by T-Mobile and based on information provided by the applicant, Sprint/T-Mobile relinquished their lease rights for the Sprint facility to the property owner in the year 2022 and returned the site to the property owner in an as-is condition. The Sprint facility is not part of this land use permit.
V. PROJECT DESCRIPTION
The applicant requests approval of a Land Use Permit to modify the conditions of approval of Land Use Permit CDLP22-02072 for an existing Crown Castle wireless telecommunications facility currently in use by T-Mobile. Specifically, the applicant requests that condition of approval number 10 be removed from the conditions of approval of Land Use Permit CDLP22-02072. This condition requires the permittee (Crown Castle) to remove all structures, equipment, and signage associated with the Sprint wireless facility. Based on publicly available records, T-Mobile acquired Sprint in the year 2020. Although adjacent to the Crown Castle lease area, the Sprint facility has historically been operated under separate land use permits and was never part of any land use permit granted to T-Mobile or Crown Castle.
According to the plans (Attachment C) and equipment disposition report (Attachment D) attached to this staff report, T-Mobile removed the Sprint wireless equipment (e.g., antenna panels, batteries). The applicant provided evidence to the Department of Conservation and Development, Community Development Division (CDD) as part of this land use permit application that the lease between Sprint/T-Mobile and the property owner, HJSCMB-Donovan, LLC was terminated in October of 2022 (Lease Termination Agreement), and indicated that ownership of any remaining equipment and the former Sprint site was transferred to the property owner. The applicant further indicated that neither they nor T-Mobile has legal access to the Sprint lease area to remove any remaining equipment and restore the former Sprint site.
VI. AGENCY COMMENTS
An Agency Comment Request packet was sent on August 4, 2025 to a number of public agencies, including the Building Inspection Division, the East Contra Costa County Habitat Conservancy, the Environmental Health Division of Contra Costa Health, and the Contra Costa County Fire Protection District. Agency comments received by staff are included in Attachment E. Following are summaries of the agency comments received.
A. Contra Costa County Fire Protection District (CCCFPD): The Fire Protection District returned the Agency Comment Request form on September 8, 2025, with no comments.
VII. STAFF ANALYSIS AND DISCUSSION
A. General Plan Consistency: The existing wireless telecommunications facility is located within an AL Agricultural Lands General Plan land use designation. The purpose of the AL designation is to preserve and protect lands capable of and generally used for the production of food, fiber, and plant materials. Pursuant to the Wireless Telecommunications Facilities Ordinance (Ordinance No. 2016-11), a wireless telecommunications facility may also be located in agriculturally designated areas. The wireless telecommunications services provided at the project site benefit a wide range of the County’s population (e.g., daily commuters, local employees, residents, and 911 service providers), and therefore, the wireless telecommunication facility is a beneficial use at this location. The applicant is requesting the removal of one condition of approval (condition number 10) of Land Use Permit CDLP22-02072 for an existing T-Mobile wireless telecommunications facility. Condition number 10 requires the permittee to remove the equipment for the Sprint wireless facility that was never part of the land use permits granted for the establishment and continued operation of the T-Mobile facility. This modification of the conditions of approval does not change the nature or use of the wireless telecommunications facility and no physical changes to the site are proposed. Therefore, the request to modify the conditions of approval of Land Use Permit CDLP22-02072 is consistent with the intent and purpose of the AL General Plan designation.
B. Zoning Compliance: The project site is located within an A-4 Agricultural Preserve District. Generally speaking, the purpose of the A-4 district is to provide primarily for commercial agricultural production and other compatible uses that are consistent with the intent and purpose of the Land Conservation Act of 1965. Allowable uses in the A-4 District include commercial radio and television receiving and transmitting facilities excluding broadcasting studios or business offices, with a valid land use permit (County Code Section 84-42.404(14)). As stated above, the applicant is requesting to remove condition of approval number 10 of Land Use Permit CDLP22-02072 that requires the permittee to remove the equipment for the Sprint wireless facility that was never part of the land use permits granted for the establishment and continued operation of the T-Mobile facility. The modification does not change the nature or use of the wireless telecommunications facility and no physical changes to the site are proposed. Therefore, the request to modify the conditions of approval of Land Use Permit CDLP22-02072 is in compliance with the A-4 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 to remove condition of approval number 10 will allow the continuing operation of the existing wireless facility with no proposed modifications other than the obligation to remove the equipment for the Sprint wireless facility that was never part of the land use permits granted for the establishment and continued operation of the T-Mobile facility. The modification does not change the nature or use of the wireless telecommunications facility and no physical changes to the site are proposed. Therefore, the request to modify the conditions of approval of Land Use Permit CDLP22-02072 to remove condition number 10 will not affect the facility’s ability to remain consistent with the requirements of the County’s Wireless Telecommunications Facilities Ordinance.
D. Federal Communications Commission (FCC) Compliance: The Federal Communications Commission (FCC) has adopted radio frequency protection standards, which establish “safety levels with respect to human exposure to radio frequency electromagnetic fields (RF).” The request to modify the conditions of approval of Land Use Permit CDLP22-02072 to remove condition number 10 will not affect the ability of the wireless telecommunications facility or T-Mobile to remain in compliance with the FCC Rules and Regulations. Therefore, the wireless facility will remain compliant with federal regulations pertaining to RF emissions.
E. Appropriateness of Use: The existing wireless telecommunications facility has existed at its current location since 1998. Staff is unaware of any nuisances arising from the operation of the existing wireless facility. Condition number 10 of Land Use Permit CDLP22-02071 requires the permittee to remove the equipment for the Sprint wireless facility that was never part of the land use permits granted for the establishment and continued operation of the T-Mobile facility. The modification does not change the nature or use of the wireless facility and no physical changes to the site are proposed. Thus, the existing T-Mobile facility will remain compatible with the surrounding environment and will not affect the facility’s continued compliance with the County’s Wireless Telecommunication Facilities Ordinance (Ch. 88-24) and with FCC standards for RF emissions. Thus, modifying the conditions of approval of Land Use Permit CDLP22-02072 as requested is appropriate and will ensure that the facility will continue to be operated safely and in conformance with the County’s most current wireless telecommunication requirements and conditions of approval.
VIII. CONCLUSION
The request to modify the conditions of approval of Land Use Permit CDLP22-02072 to remove condition number 10 is consistent with the purpose and intent of the AL Agricultural Lands General Plan land use designation and is compliant with the A-4 Agricultural Preserve District, the County Wireless Telecommunication Facilities Ordinance (Chapter 88-24), and applicable FCC standards. Staff recommends approval of Land Use Permit CDLP25-02020, based on the attached findings and subject to the attached conditions of approval.