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Project Title: |
Land Use Permit for the Continuing Operation of an Existing American Tower Wireless Telecommunications Facility |
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County File: |
CDLP24-02023 |
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Applicant/Owner: |
Janicy Canales on behalf of American Tower (Applicant) / Contra Costa Water District (Owner) |
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Zoning/General Plan: |
A-4 Agricultural Preserve District / PS Public and Semi-Public |
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Site Address/Location: |
19430 Vasco Road in the Byron area of unincorporated Contra Costa County (Assessor’s Parcel Number 003-010-018) |
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California Environmental Quality Act (CEQA) Status: |
Categorical Exemption - Class 1: CEQA Guidelines Section 15301(b), Existing Facility |
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Project Planner: |
Diana Lecca, Project Planner; (925) 655-2869 |
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diana.lecca@dcd.cccounty.us |
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Staff Recommendation: |
Approve (See Section II for Full Recommendation) |
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I. PROJECT SUMMARY
The applicant requests approval of a Land Use Permit for the continuing operation of an existing American Tower wireless telecommunications facility that was established under Land Use Permit CDLP09-02037. 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 CDLP24-02023 for the continuing operation of the existing American Tower wireless telecommunications facility, 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: PS Public and Semi-Public.
B. Zoning: A-4 Agricultural Preserve District
C. California Environmental Quality Act (CEQA): Categorical Exemption - CEQA Guidelines, Section 15301(b), Existing Facility, Class 1 exemption for the operation of existing facilities used to provide public utility services.
D. Previous Applications:
1. CDLP09-02037: This Land Use Permit was to establish a new wireless telecommunications facility with Verizon equipment under American Tower ownership was approved by the Zoning Administrator on June 20, 2011 for a period of ten years to July 1, 2021.
2. CDCV14-00109: This Compliance Review for a three-year COA review and non-substantial modifications to facility was approved by CDD staff on February 26, 2015.
IV. SITE/ AREA DESCRIPTION
The subject property is a 38.79-acre parcel located approximately 1,295 feet southwest of Vasco Road and 1,215 feet northeast of Camino Diablo, and bounded to the south by Camino Diablo and to the west by Walnut Boulevard - Longwell Avenue. The property contains two hill tops that reach elevations of approximately 250 and 260 feet. The property’s most prominent feature is the existing Contra Costa Water District Transfer Station located in a gulley between the hill tops and the existing guyed lattice tower built on the northern hill top. The existing American Tower wireless telecommunications is visible as a faux water tank east of the Transfer Station at the eastern end of the parcel.
The subject property is located in a rural area of eastern Contra Costa County comprised of rolling hills that extend west towards Mount Diablo and flatlands that extend east towards Byron and the Delta. The surrounding parcels are agriculturally zoned, ranging in size from approximately 12 acres to almost 200 acres. There are a number of nurseries, orchards, and vineyards in the vicinity as well as an off-road racing venue on Camino Diablo south of the subject property. There are also single-family residences on several of the nearby parcels; however, many of the parcels remain undeveloped. State-owned undeveloped land used for grazing of livestock is located west of Walnut Boulevard.
V. PROJECT DESCRIPTION
The applicant requests approval of a Land Use Permit to allow the continuing operation of an existing American Tower wireless telecommunications facility that was established under Land Use Permit CDLP09-02037 which expired on July 1, 2021. There are no facility or lease area modifications proposed with this application. The current American Tower wireless telecommunications facility consists of the following: :
• One 48-foot-tall faux water tank tower with (9) antennas and ancillary equipment.
• Verizon equipment cabinets and associated ground-mounted equipment within the 35’-6” by 17’-6” lease area.
VI. AGENCY COMMENTS
An Agency Comment Request packet was sent on October 17, 2024 to a number of public agencies, including the Building Inspection Division, the Environmental Health Division of the Health Services Department, the Contra Costa County Fire Protection District, the East Contra Costa County Habitat Conservancy, the Byron Municipal Advisory Council, and the Contra Costa Mosquito and Vector Control District. Agency comments received by staff are included in Attachment E. Following are summaries of the agency comments received.
A. East Contra Costa County Habitat Conservancy: On October 23, 2024, the Habitat Conservancy submitted an email stating that it had no comments.
B. Contra Costa County Fire Protection District: The Fire Protection District returned the Agency Comment Request form on November 13, 2024, with no comments.
C. Byron Municipal Advisory Council (MAC): The District 3 Supervisor’s Office submitted an email on May 20, 2025, stating that the Byron MAC voted 5-0 to recommend approval of the application at their November 2024 meeting.
VII. STAFF ANALYSIS
A. General Plan Consistency: The American Tower wireless telecommunications facility is located within a PS Public and Semi-Public General Plan land use designation. The PS designation includes uses and facilities owned or operated by public entities or private entities serving the public. The subject property is currently in use by the Contra Costa Water District for its Transfer Station. Pursuant to the Wireless Telecommunications Facilities Ordinance (Ordinance No. 2016-11), a wireless telecommunications facility may also be located in the PS designation, since the facility provides telecommunications service that would be compatible and consistent with other land uses in the Byron area. The General Plan also identifies specific policies for the Byron area in the Community Profiles Section of the Stronger Communities Element. By providing wireless telecommunications services, the American Tower facility “supports a full range of services for residents.” Therefore, allowing the continuing operation of the existing wireless telecommunications facility will not detract from the purpose and intent of the PS General Plan designation nor from the Policies noted for the Byron area.
The property is outside the Urban Limit Line (ULL). The purpose of the ULL is to (1) enhance preservation of identified non-urban agriculture and open space; and (2) facilitate enforcement of the 65/35 Land Preservation Standard. The project does not require the extension of any utilities that could be considered growth inducing (e.g., sewer and water). The project does not conflict with the County’s adopted ULL and enforcement of the 65/35 Land Preservation Standard.
Figure COS-12 (Scenic Resources) of the General Plan Conservation, Open Space, and Working Lands Element identifies Vasco Road and Camino Diablo as designated scenic routes. The American Tower wireless telecommunications facility is visible from Vasco Road but not from Camino Diablo. The Conservation, Open Space, and Working Lands Element includes Scenic Resources policies to ensure maintenance of the scenic qualities of these designated routes. The existing American Tower wireless telecommunications facility is designed as a faux water tank and painted to blend in with it surroundings as shown in the applicant’s photos in Attachment D. Conditions are included in the Conditions of Approval and Advisory Notes that require maintenance of the external appearance of the wireless facility. As conditioned, the wireless facility would be consistent with the Scenic Resources policies, including the following.
• COS-P12.4. Preserve the scenic qualities of hillsides by encouraging designs that are sensitive to a site’s topography and prohibiting unnecessary grading and vegetation removal.
• COS-P12.7. Support preservation and enhancement of natural and human-made features that contribute to the scenic quality of the landscape and viewshed along designated scenic routes, and discourage projects that interfere with public views of those features.
B. Zoning Compliance: The American Tower wireless telecommunications facility is located in an A-4 Agricultural Preserve District. 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 (Section 84-42.404(14) of the County Code). With approval of the CDLP24-02023 application, the continuing operation of the existing American Tower wireless telecommunications facility, would be consistent with the A-4 District.
C. Wireless Telecommunications Facilities Ordinance (Chapter 88-24): The American Tower 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 is for the continuing operation of the existing wireless facility with no proposed modifications to the faux water tank, antennas, ground-mounted and ancillary equipment, or fence enclosure, or to the existing 35’-6” by 17’-6” lease area. The application complies with the applicable requirements of County Code Section 88-24.614 for the discretionary approval of land use permit for a wireless facility.
D. Federal Communications Commission (FCC) Regulations: The FCC has adopted radio frequency protection standards, which establish safety levels with respect to human exposure to radio frequency (RF) emissions. The standards prescribe limits for continuous exposure to RF emissions. As part of the submittal process, the applicant provided a Non-Ionizing Electromagnetic Radiation Study by Tower Engineering Professionals RF Design & Services (Site Number 415310; Site Name: Camino Vasco, CA; Location: Brentwood, California; Tenants: Verizon Wireless; American Tower, Inc. Woburn, Massachusetts; December 27th, 2024), which is a report to evaluate the RF emissions compared to the Maximum Permissible Exposure (MPE) limit for facilities at this location. Pursuant to FCC regulations The RF report indicates that with the proposed signage mitigations implemented, the site will be in compliance with the current FCC MPW limits as described in FCC Occupational Exposure Limit-65. Thus, the wireless facility would be compliant with federal regulations pertaining to RF emissions.
E. Appropriateness of Use: The existing wireless telecommunications facility has been established on the subject property since 2011. Staff is unaware of any nuisances arising from the operation of the existing wireless facility. Neither the faux water tank nor ground-mounted equipment nor chain-link fence enclosure display any type of advertising, and the wireless facility complies with the paint reflectivity and other aesthetic requirements of the prior CDLP09-02037 Permit. Conditions are included in the Conditions of Approval and Advisory Notes that require that the facility, equipment shelter, external accessory equipment, and fence enclosure shall not be used for advertising for the life of the project, and require maintenance of the external appearance of the faux tank of the wireless facility. Thus, continuing operation of this wireless facility would not be detrimental to surrounding land-use activities.
VIII. CONCLUSION
Continuing operation of the existing American Tower wireless telecommunications facility is consistent with the PS Public and Semi-Public General Plan land use designation, the General Plan Scenic Resources policies, the A-4 Agricultural Preserve District, the Wireless Telecommunications Facilities Ordinance, and applicable FCC regulations. Staff recommends approval of Land Use Permit CDLP24-02023, based on the attached findings and subject to the attached conditions of approval.