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Project Title: |
Continuing Operation of an Existing Verizon Wireless Telecommunications Facility |
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County File(s): |
#CDLP26-02016 |
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Applicant: |
Isabel Chavez, Network Connex for Verizon |
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Owner: |
Island Marina & Boat Sales LLC |
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Zoning: |
R-B Retail Business and F-1 Water Recreational Districts |
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General Plan: |
Commercial Recreation (CR) |
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Site Address/Location: |
5993 Bethel Island Road in unincorporated Oakley, CA (APNs: 032-330-034, 032-130-022) |
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California Environmental Quality Act (CEQA) Status: |
Categorically Exempt: CEQA Guidelines, Section 15301(b), regarding existing facilities/utilities. |
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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 Verizon wireless telecommunications facility. 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 15301(b) of the CEQA Guidelines;
B. APPROVE Land Use Permit CDLP26-02016, 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 a Commercial Recreational (CR) land use designation.
B. Zoning: The subject property is located primarily within an R-B Retail Business Zoning District with the southwest corner located within an F-1 Water Recreational Zoning District.
C. California Environmental Quality Act (CEQA) Compliance: The proposed project is categorically exempt under CEQA Guidelines, Section 15301(b), regarding “Existing Facilities,” 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. CDLP79-02027: A Land Use Permit to establish retail boat sales and repair; approved on July 25, 1979.
b. CDLP13-02097: A Land Use Permit to establish this wireless telecommunications facility that includes a monotree and a ground-level equipment platform with equipment shelter within an approximately 1,600 square-foot lease area; approved on April 21, 2014, and valid for 10 years.
c. CDCV19-00059: A Compliance Review to determine compliance with the Conditions of Approval for County File #CDLP13-02097; approved July 24, 2019.
d. CDWC20-00003: A Wireless Collocation permit to allow non-substantial modifications of the existing wireless facility to install new conduit, and a 3-year compliance review to determine compliance with the Conditions of Approval for County File #CDLP13-02097; approved December 1, 2020. This modification was never built.
e. CDWC21-00003: A Wireless Collocation permit to allow non-substantial modifications of the existing wireless facility for new antenna installation; approved June 15, 2021. This modification was never built.
f. CDWC23-00001: A Wireless Collocation permit to allow non-substantial modifications of the existing wireless facility for new microwave dish installation; approved March 27, 2023.
IV. SITE/AREA DESCRIPTION
The subject property is a 2.5-acre parcel located on the west side of Bethel Island Road, south of Dutch Slough and Bethel Island, in the off-island area. The property is adjacent to the new bridge to Bethel Island, is accessed from the next-door parcel, and is currently used for outdoor boat storage and repair. South of the property are undeveloped agricultural and open space lands. The new Summer Lake housing development is located to the southeast. Properties directly to the north are adjacent to Dutch Sough and zoned Water Recreational (F-1). On the other side of Dutch Slough is the commercial and residential areas of “main street” Bethel Island.
V. PROJECT DESCRIPTION
Approval of Land Use Permit CDLP26-02016 would allow the continued operation of the existing Verizon wireless telecommunications facility, consisting of the following elements:
• 12-foot wide all-inclusive easement (access road and utility easement).
• 1,627 square-foot ground level lease area surrounded by a cyclone fence that includes a (27’x29’) equipment platform and an 85-foot tall faux monoeucalyptus antenna tower.
• The equipment platform includes an (11’4”x17’) equipment shelter, a 30kw back-up generator with a 132-gallon fuel tank, and an H frame with meter.
• The equipment shelter includes: exterior - 2 HVAC units, roof - 2 microwave dishes and 2 GPS antennas, and interior - 1 equipment cabinet, 1 equipment rack, and 1 DC power system.
• The antenna area (3 sectors) attached to the faux monoeucalyptus tower includes: 3 antennas (per sector), 4 radio units (per sector), and 2 raycaps.
No modifications of the wireless facility or its lease area are proposed with this Land Use Permit application.
VI. AGENCY COMMENTS
A. Bethel Island Municipal Advisory Council (MAC): The MAC considered this application at their June 9, 2026, meeting, and they had no comment.
B. Contra Costa County Public Works Department, Engineering Services Division: Engineering Services staff indicated in a memo dated May 28, 2026, that they did not have any comments for this project even though the project site is located in a flood zone because no work is proposed and the existing equipment is already elevated over 12 feet from the ground surface.
C. Department of Conservation and Development, Conservancy Staff: In correspondence received on July 1, 2026, Conservancy staff indicated that compliance with the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP) is not required.
D. Contra Costa County Fire Protection District: In a memo dated June 16, 2026, the Fire Protection District stated that they did not have any comments for this project even though the project because no work is proposed.
All received agency comments are attached to this staff report. Comments were also solicited from the California Department of Fish and Wildlife, Contra Costa County, Building Inspection Division, Contra Costa County Environmental Health Division, the Ironhouse Sanitary District, Contra Costa Mosquito & Vector Control District, and the City of Oakley. 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 a Commercial Recreational (CR) General Plan Land Use designation. The CR designation includes privately-owned recreational uses where the primary activity is conducted outdoors, such as golf courses, recreational vehicle campgrounds, hunting clubs, and marinas. Other types of uses are also considered compatible with this designation when conducted in accordance with the County’s policies for those uses including those such as a wireless telecommunications facility with the approval of a land use permit. As continued operation of an existing facility would not affect the existing boat storage operations, the project is consistent with the intent and purpose of the CR designation.
The subject property is adjacent to Taylor Road, which is designated as a scenic roadway 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 a stealth design by disguising the facility as a eucalyptus tree. Other solo eucalyptus trees can be found on neighboring Bethel Island as well as in the surrounding “off-island area”. Using a monoeucalyptus design helps maintain the existing natural qualities adjacent to the roadway, thereby protecting the views observable from the scenic route. Although the development is directly visible by those travelling along Bethel Island Road due to the lack of similar large natural trees, or other natural buffers, the design of the facility attempts to provide a natural aesthetic quality to the surrounding landscape. Also, the project is conditioned so that the new equipment and supports will be painted to blend in with the monoeucalyptus tree. Consequently, the project will not significantly diminish the scenic quality of the roadway or surrounding area. Therefore, the proposed wireless telecommunications facility 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 30kw back-up 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 conditionally acceptable levels, 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 boat storage and repair shop and surrounded by the Bethel Island bridge and Dutch Slough with no neighboring residences, the potential noise levels is 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 both an R-B Retail Business and an F-1 Water Recreational Zoning District. A wireless telecommunications facility is permitted in an R-B district and pursuant to County Code Section 84-34.404(1), the F-1 district allows commercial radio and television receiving and transmitting facilities, excluding broadcasting studios or business offices, 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 R-B and F-1 districts.
Even though the project site is within both the R-B and F-1 zoning districts, according to County Code Section 82-10.006 development standards may be taken from the R-B district. The R-B district only requires a 10-foot frontage setback. 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 therefore, meets R-B setbacks.
C. Wireless Telecommunications Facilities Ordinance (Chapter 88-24): The subject wireless telecommunications facility was established under a Land Use Permit #CDLP13-02097 that expired on April 21, 2024. 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 communications tower expired prior to the submittal of this application. Therefore, the proposed renewal will 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. This existing facility includes an existing antenna tower and there is not another tower within 1,000 feet. The facility is also not located within proximity of a County-designated scenic ridge. 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 R-B Zoning District only requires a 10-foot frontage setback, and the facility’s lease area with all its contents is located at the rear of the property. 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 antenna equipment is to be painted to blend in with the faux monoeucalyptus tower, 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 two microwave dishes in 2024. A Radio Frequency-Electromagnetic Energy (RF-EME) Compliance Report prepared by Waterford Consultants, LLC (February 1, 2023) approved under County File #CDWC23-00001 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.
E. Appropriateness of Use: The subject wireless telecommunications facility has been established on the subject property since 2014. Wireless communications facilities are conditionally allowed within the CR General Plan land use designation and both R-B and F-1 zoning districts. The County is unaware of any nuisances arising from the operation of the existing facility to date. Wireless telecommunication facilities provide a vital service to both residents and visitors of the County and are relied upon for general communication needs and for emergency personnel such as Fire and Sheriff Department Staff.
VIII. CONCLUSION
The continuing operation of the existing Verizon wireless telecommunications facility is consistent with the County General Plan Commercial Recreational (CR) 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 #CDLP26-02016 based on the attached findings and subject to the attached conditions of approval.