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STAFF REPORT |
Agenda Item #_____ |
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Project Title: |
Land Use Permit for T-Mobile Facility |
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County File: |
#CDLP25-02029 |
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Applicant: Owners: |
Isabel Chavez, Network Connex on behalf of T-Mobile West, LLC Blackhawk Museum / Behring Global Education Foundation |
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Zoning/General Plan: |
Planned Unit District (P-1), Cannabis Exclusion Combining District (-CE) / Mixed-Use Medium Density (MUM) |
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Site Location: |
3700 Blackhawk Plaza Circle, Danville, CA 94506 (APN: 203-780-070) |
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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: |
Chloe Partain, Project Planner (925) 655-2857 chloe.partain@dcd.cccounty.us |
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Staff Recommendation: |
Approve (See Section II for Full Recommendation) |
I. PROJECT SUMMARY
The applicant requests approval of a Land Use Permit/Development Plan combination permit to allow for the renewal of an existing T-Mobile wireless telecommunications facility, with no proposed modifications to the equipment or the lease area. The facility was originally established under Development Plan CDDP96-03014 and is presently entitled for operation through March 7, 2026.
II. RECOMMENDATION
Staff recommends that the Zoning Administrator:
A. OPEN the public hearing on the proposed project, RECEIVE testimony, and CLOSE the public hearing.
B. DETERMINE that the proposed project is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15301.
C. APPROVE the project, Land Use Permit/Development Plan #CDLP25-02029.
D. APPROVE the attached findings in support of the project.
E. APPROVE the attached conditions of approval.
F. DIRECT staff to file a CEQA Notice of Exemption with the County Clerk.
III. BACKGROUND
The subject Verizon Wireless telecommunications facility was originally entitled under Development Plan CDDP96-03014, which was approved by the County Zoning Administrator on August 26, 1996. The most recent renewal occurred under County File #CDDP15-03042, which was approved by the Zoning Administrator on March 7, 2016, for a ten-year period expiring March 7, 2026. On August 19, 2025, the subject Land Use Permit application (County File #CDLP25-02029) was submitted to the Community Development Division (CDD).
IV. GENERAL INFORMATION
A. General Plan: Mixed-Use Medium Density (MUM)
B. Zoning: P-1, Planned Unit District; -CE, Cannabis Exclusion Combining 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. Previous Applications of Relevance:
1) CDWM20-00034: A wireless minor alteration permit authorizing a non-substantial change of the existing T-Mobile wireless facility. The Wireless Minor Alteration Permit was approved by the Zoning Administrator on March 8, 2021.
2) CDDP15-03042: A development plan application authorizing the continued operation and modification of the existing T-Mobile wireless facility. The Development Plan was approved by the County Zoning Administrator on March 7, 2016, and will expire on March 7, 2026.
3) CDCV10-00011: A compliance review application seeking administrative review to verify the existing facility’s compliance with the Conditions of Approval set forth in County File #CDDP96-03014. The compliance review was approved by staff on May 10, 2010.
4) CDDP96-03014: A development plan authorizing the construction of a new Pacific Bell telecommunication facility on an existing building. The Development Plan was approved by the County Zoning Administrator on August 26, 1996, and subsequently expired on August 26, 2016.
V. SITE/ AREA DESCRIPTION
The subject wireless telecommunications facility is located on the rooftop at 3700 Blackhawk Plaza Circle in unincorporated Danville. The facility consists of nine (9) existing antennas, three (3) equipment cabinets, six (6) RRU units, and other ancillary equipment. It has a height of 63-feet 8-inches above ground level. The building is currently home to the Blackhawk Museum, which provides educational exhibits and materials to the public. This use is consistent with the parcel’s Planned Unit District (P-1) and Cannabis Exclusion Combining District (-CE) zoning designations and its’ Mixed-Use Medium Density (MUM) General Plan land use designation. The subject site is 2.72 acres in size. The grade increases in elevation on the eastern side of the parcel and decreases in elevation in the western. There are numerous mature trees located behind the museum.
The surrounding area is similar to the subject site, which consists of various residential and nonresidential land use uses on parcels located within a Planned Unit District (P-1) with a Cannabis Exclusion Combining District (-CE) and a Planned Unit District (P-1) without a Cannabis Exclusion Combining District (-CE). Lands in the immediate project vicinity have Urban General Plan Land Use designations such as Mixed-Use Medium Density (MUM) and Residential Medium Density (RM), consistent with their flexible zoning. Many properties along Blackhawk Circle Plaza have been developed with a wide range of retail, personal service, office, hospitality, entertainment, and public uses sized to serve the surrounding community.
VI. PROJECT DESCRIPTION
The applicant requests approval of a Land Use permit / Development Plan combination permit to allow for the renewal of an existing T-Mobile wireless telecommunications facility, with no proposed modifications to existing equipment or associated lease area. The facility was originally established under Development Plan CDDP96-03014, which expired on August 26, 2016. The most recent renewal for the facility occurred under Development Plan #CDDP15-03042, which expires on March 7, 2026.
VII. AGENCY COMMENTS
An Agency Comment Request packet was sent on August 19, 2025 to a number of public agencies, including Building Inspection Division, Telecom Planning staff, Environmental Health Division of the Health Services Department, San Ramon Valley Fire Protection District, Central Sanitary District, East Bay Municipal Utility District, Contra Costa Mosquito and Vector Control District, and Blackhawk Plaza Management. Agency comments received by staff are included in Attachment 3. Following are summaries of the agency comments received.
A. East Bay Municipal Utility District (EBMUD): In an email dated August 20, 2025, EBMUD staff indicated no comment on the proposed project.
B. San Ramon Valley Fire Protection District (SRVFPD): In a letter dated August 26, 2025, SRVFPD staff indicated no comment on the proposed project.
C. Central Sanitary District: In an email dated September 9, 2025, Central Sanitary District staff indicated no comment on the proposed project.
VIII. STAFF ANALYSIS AND DISCUSSION
A. General Plan: The subject property is located within a Mixed-Use Medium Density (MUM) General Plan Land Use designation. Generally, parcels within this designation are urban lands that support moderate- to large-scale mixed-use development. Retail, commercial, residential, and other urban uses are considered consistent with this designation. The project does not conflict with mixed-use land uses on private property because it is located on the rooftop of an existing building. Additionally, the provision of cellular coverage provides a vital service to the area that would also be of benefit to nearby businesses, consumers, and/or residents in the area. Therefore, the land use is considered consistent and harmonious with land uses allowed within the MUM designation.
B. Zoning: The project site is located within Planned Unit (P-1) and Cannabis Exclusion Combining (-CE) zoning districts. Generally, the purpose of the P-1 district is to allow diversification in the relationship of various uses, buildings, structure, lot sizes, and open space. The purpose of the -CE district is to prohibit commercial cannabis activities in parcels with this designation. Telecommunications facilities were conditionally permitted within this P-1 district with the approval of CDDP96-03014. Thus, the project is consistent and compatible with the allowed uses within the P-1 and -CE districts.
C. Wireless Telecommunications Facilities Ordinance (Chapter 88-24): The project proposes to continue the operation of a wireless telecom facility upon a utility pursuant to section 88-24.620(b) of the County Ordinance Code. The project would continue the operation of the T-Mobile Wireless facility that has been operating at this same location since 1996. Since this facility was established prior to the adoption of the County’s current wireless ordinance, (Chapter 88-24), this permit renewal is being evaluated under the 1998 Contra Costa County Telecommunications Policy (“1998 Ordinance”) was intended to establish guidelines to regulate the placement and design of commercial wireless facilities to preserve visual character within Contra Costa County. The policy included general development guidelines applicable to all facility types, as well as development guidelines for various equipment installation locations (e.g. ground mounted, building-facade mounted, roof-mounted, etc.). General guidelines include prohibitions of advertising/graffiti, sufficient anti climbing measures, and compliance with FCC regulations. The general guidelines also encourage certain design elements such as painting equipment to match surroundings, prohibition of facilities within structural setback areas, and visual screening where feasible. The existing facility is consistent with these general requirements, as evidenced by site photographs provided with this application.
The subject facility consists of antennas installed upon the façade of an existing commercial building, and includes ancillary incorporated within structural elements of the same building. The 1998 Ordinance identifies building mounted antennas are identified as preferable to free standing antenna structures. Additionally, elements of the existing facility visible from the building exterior are in scale with the existing building architecture, are painted to match the building color, do not extend vertically above the roof line, or protrude prominently from the building. Therefore, the existing equipment is consistent with design guidelines applicable to building mounted facilities within the 1998 Ordinance.
The project is also consistent with many elements of the current wireless ordinance. The existing facility considered a “low visibility facility,” as defined in section 88-24.204(p)(4) of the County Ordinance code and would not affect any scenic ridges or peaks. Thus, the project meets all applicable location requirements for wireless facilities specified in sections 88-44.402 and 88-44.406 of the County Ordinance Code.
The current County Wireless Ordinance (section 88-24.408) also includes design criteria for telecommunications facilities intended to limit aesthetic impacts. The project minimizes aesthetic impacts because it is a “low visibility facility,” and all existing equipment will be painted to blend in with the color of the façade on which it is mounted as shown on photo simulations submitted with this application. All antennas are located at least 8 feet above ground level and are mounted directly on the exterior lateral face of the building. No façade mounted antenna extends more than 24 inches from the face of the building on which it is mounted, nor does it extend beyond the corner or the edge of the wall on which it is mounted.
The project is conditioned to prohibit advertisements, signal lights or other illumination, graffiti, and litter. Compliance with these conditions, and with applicable FCC regulations for radio emissions emitted from the site, shall be verified via administrative compliance review application prior to the initiation of the use, and again five-years thereafter. The project’s adherence to all applicable project conditions ensures that the proposed facility will operate in accord with the provisions of the 1998 ordinance, and in accord with similar provisions codified within the current County wireless ordinance (Chapter 88-24).
In the event that the wireless telecommunications use is discontinued, the project is conditioned to require the removal of all equipment and restoration of the site to pre project conditions within 60 days. The permittee has previously provided a security for this purpose in connection with previously approved entitlement CDDP15-03042. Based on an updated cost estimate provided by the current applicant, staff has determined that the bond presently retained by the county is of a sufficient amount to provide for the removal or modification of the facility.
In cumulative consideration of the above, the project, as provided, is compliant with all applicable provisions of the County Wireless Ordinance.
D. Appropriateness of Use: Wireless telecommunications facilities are conditionally permitted within the specific Planned Unit (P-1) District in which the subject property is located. The existing facility is located on private property but has been established at this location since 1996 with another wireless carrier using the same rooftop for their facilities. The continued operation of this facility would not be to the detriment of established or future activities on or near the project site. Additionally, the provision of wireless telecommunications coverage provides a vital service to the area that benefits businesses, consumers, and/or residents in the area. Therefore, the project is an appropriate use of the subject property.
E. Federal Communications Commission (FCC) Compliance: The applicant has provided a report on theoretical modeling of Radio Frequency (RF) emissions originating from the facility, to predict the cumulative exposure from existing antennas at ground level. The RF report, prepared by a licensed electrical engineer, indicates that the predicted maximum level of RF emissions measured at ground level will be 0.61% of the FCC General Population limits. Therefore, the project is compliant with federal regulations pertaining to RF emissions.
IX. CONCLUSION
The project would establish a Land Use Permit / Development Plan combination permit for the purpose of continuing the operation of an existing wireless telecommunications facility for a renewed ten year period. The project does not involve a substantial modification to the established facility, as defined in Title 47, Code of Federal Regulations, Section 1.40001. As discussed throughout this report, the long-established land use is consistent with the County’s Wireless Ordinance, the Mixed-Use Medium Density (MUM) General Plan Land Use Designation, the P-1 and -CE zoning districts, as well as FCC radio frequency emissions standards. Therefore, staff recommends that the Zoning Administrator approve County File #CDLP25-02029 based on the attached findings and subject to the attached conditions of approval.
Attachments:
1. Findings and Conditions of Approval
2. Maps And Plans
3. Agency Comments
4. Site Photos