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Project Title: |
Wireless Access Permit for Verizon Wireless Facility |
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County File: |
#CDWA25-00009 |
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Applicant: Owners: |
Verizon Wireless Contra Costa Public Works Department / Northern California Joint Pole Association |
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Zoning/General Plan: |
General Agricultural District (A-2) / Agricultural Lands (AL) |
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Site Location: |
Marsh Creek Road right-of-way (northern side, opposite 14101 Marsh Creek Road), Clayton (APN: ROW 078-140-010) |
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California Environmental Quality Act (CEQA) Status: |
Categorical Exemption: Class II, CEQA Guidelines Section 15302(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 Wireless Access permit to allow for the continued operation of an existing Verizon wireless telecommunications facility located upon an existing utility pole within the Marsh Creek Road public right-of-way. The facility was originally established under Land Use Permit #CDLP13-02055, which expired on July 26, 2023. The project includes the removal of an existing 30’ utility pole and the installation of a new 43’-tall replacement pole at the same location. Additionally, the project includes the removal and replacement of two (2) existing antennas and associated radio equipment presently mounted to the existing utility pole. The two (2) proposed new antennas would be affixed at the end of wooden cross arms, extending horizontally 2’6” from the eastern and western sides of new utility pole.
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 15302(b).
C. APPROVE the proposed Wireless Access Permit CDWA25-00009.
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 Land Use Permit #CDLP13-02055, which was approved by the County Zoning Administrator on July 15, 2013. The prior approval authorized the operation of the subject facility for a ten-year period expiring July 23, 2023. A timely application for the renewal of the facility was not submitted to the County, and the Land Use Permit subsequently expired. On May 7, 2025, the subject Wireless Access Permit application (County File #CDWA25-00009) was submitted to the Community Development Division (CDD). On May 23, 2025, CDD staff mailed a Notice of Intent to Render an Administrative Decision on CDWA25-00009 to the owners of properties located within 300-feet of the subject property. On June 2, 2025, CDD staff received an email correspondence from a neighboring property owner seeking a public hearing in response to this notice. The correspondence indicates concerns associated with the replacement of the existing utility pole, as well as concerns that the project plans do not accurately reflect existing conditions. The specific concerns identified by the respondent are discussed in further detail in Section VIII of this staff report.
On June 16, 2025, CDD staff mailed public notifications to property owners within a 300-foot radius of the project site to advise that the item had been added to the agenda for the July 7, 2025, Zoning Administrator’s hearing. On June 25, 2025, the applicant notified CDD staff that a concurrent California Public Utilities Commission (CPUC) review of the project revealed that the proposed replacement pole does not meet CPUC General Order 95 (GO95) requirements pertaining to vertical clearance between antenna equipment and electrical/communication lines installed upon the utility pole. Consequently, complying with the CPUC GO95 regulations necessitated a plan revision to include a 43’ replacement pole. Since the proposed pole height exceeds the height described in previously-mailed public notifications, additional public notifications with a corrected project description were necessary before a public hearing may occur for the project. On June 30, 2025, CDD staff mailed public notifications with an updated project description for the Wireless Access permit, with a rescheduled hearing date of July 21, 2025. At the Zoning Administrator hearing held on July 7, 2025, the zoning administrator opened the item and explained the need for additional noticing before continuing the item to the next hearing date on July 21, 2025.
IV. GENERAL INFORMATION
A. General Plan: Agricultural Lands (AL)
B. Zoning: A-2, General Agricultural District
C. California Environmental Quality Act (CEQA) Compliance: Categorical Exemption - Class 2: CEQA Guidelines Section 15302 (b) the replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity, are exempt from review.
D. Previous Applications of Relevance:
1) CDWM19-00003: A wireless minor alteration permit authorizing a non-substantial change of the existing Verizon wireless facility. The Wireless Minor Alteration Permit was approved by the Zoning Administrator on March 6, 2019.
2) CDCV19-00010: A compliance review application seeking administrative review to verify the existing facility’s compliance with the Conditions of Approval set forth in County File #CDLP13-02055. The compliance review was approved by staff on February 21, 2019.
3) CDCV14-00026: An administrative application seeking a compliance review of a proposed antenna upgrade to the existing facility. The compliance review was approved by staff on April 2, 2014.
4) CDCV13-00097: An administrative application seeking an initial compliance review prior to the issuance of permits for the construction of the facility previously approved under County File #CDLP13-02055. The compliance review was approved by staff on January 28, 2014.
5) CDLP13-02055: A land use permit authorizing the construction of a new Verizon Wireless telecommunication facility upon an existing utility pole. The Land Use Permit was approved by the County Zoning Administrator on July 15, 2013, and subsequently expired on July 26, 2023.
6) CDLP13-02084: A land use permit authorizing the replacement of an existing utility pole within the Marsh Creek Road right-of-way, and the installation of a new ExteNet wireless telecommunications facility on the replacement utility pole. This facility is located approximately 0.25-miles west of the subject facility. The Land Use Permit was approved by the County Zoning Administrator on February 19, 2014, and subsequently expired on March 3, 2024.
V. SITE/ AREA DESCRIPTION
The subject utility pole is located within the public right-of-way on the northern side of Marsh Creek Road, approximately 0.25 miles east of its intersection with Gill Drive, adjacent to the property addressed 14101 Marsh Creek Road. Marsh Creek Road consists of a 24-foot six-inch-wide paved roadway within a 67-foot 4-inch-wide public right-of-way. The existing pole is approximately 30 feet in height, and includes a wooden bayonet affixed to the top which results in a total combined existing pole/facility of 37 feet 3 inches. The grade increases dramatically in elevation on the northern side of the right-of-way and decreases in elevation in the southern. There are numerous mature trees scattered along the roadway and on adjacent hillsides. There are no other wireless telecommunication providers located on the subject utility pole.
The surrounding area is similar to the subject site, which consists of steep, wooded hillsides on parcels located within General Agricultural (A-2) and Agricultural Preserve (A-4) Zoning Districts. Lands in the immediate project vicinity have Open Space General Plan Land Use designations such as Agricultural Lands (AL) or Park and Recreation (PR), consistent with their agricultural zoning. Many properties along Marsh Creek Road have been developed with single-family residences.
VI. PROJECT DESCRIPTION
The applicant requests approval of a Wireless Access permit to allow for the continued operation of an existing Verizon wireless telecommunications facility located upon an existing utility pole within the Marsh Creek Road public right-of-way. The facility was originally established under Land Use Permit #CDLP13-02055, which expired on July 26, 2023. The project includes the removal of an existing 30’ utility pole and the installation of a new 43’-tall replacement pole at the same location and additional equipment upgrades as detailed below:
• Removal of existing 30-foot utility pole and 7-foot 3-inch pole-top bayonet;
• Installation of new 43-foot replacement utility pole;
• Removal of two (2) existing Verizon antennas;
• Installation of two (2) new 5G Verizon antennas, mounted at the ends of wooden cross arms extending 30” horizontally from the western/eastern sides of the replacement utility pole;
• Removal of one (1) existing pole-mounted radio unit;
• Installation of two new radio units within a pole-mounted equipment cabinet; and
• Installation of associated cabling and vertical conduit runs, installed vertically along the replacement utility pole.
VII. AGENCY COMMENTS
An Agency Comment Request packet was sent on May 7, 2025 to a number of public agencies, including Building Inspection Division, Telecom Planning staff, Environmental Health Division of the Health Services Department, Engineering Services Division of the Public Works Department, Contra Costa County Fire Protection District, and the Contra Costa Mosquito and Vector Control District. Agency comments received by staff are included in Attachment 3. The following are summaries of the agency comments received.
A. Contra Costa County Fire Protection District (CCCFPD): In a returned Agency Comment Request form dated May 16, 2025, CCCFPD staff indicated no comment on the proposed project.
B. Public Works Department, Engineering Services Division: In an email dated May 19, 2025, Engineering Services Division staff indicated no comment on the proposed project and advised of the requirement to obtain an encroachment permit for traffic control during installation of facilities on the poles.
C. East Contra Costa County Habitat Conservancy (HCP/NCCP): In an email dated May 20, 2025, HCP/NCCP staff stated that take coverage is available to the project under the HCP/NCCP permit program.
VIII. PUBLIC COMMENTS
The Department of Conservation and Development received an email on June 2, 2025, requesting a public hearing on the project in response to a Notice of Intent to Render an Administrative Decision, mailed by CDD staff on May 23, 2025. The correspondence indicates questions/concerns surrounding the replacement of the facility, as well as general concerns over environmental impacts. Lastly, the concerned party expressed concerns over the accuracy of the existing conditions depicted on the project site plan.
If this Wireless Access Permit is approved, construction plans for the telecommunications equipment upgrades will be subject to review/approval by the Building Inspection Division to ensure that the project meets all applicable building code requirements for the issuance of building permits. Additionally, the replacement of the existing PG&E utility pole, and associated telecommunications equipment upgrades within the public right-of-way may only proceed upon the issuance of an encroachment permit by the Contra Costa County Department of Public Works. The applicant is required to submit a traffic control plan with their encroachment permit application which demonstrates, to the satisfaction of County Public Works Department staff, that project construction personnel will safely and adequately manage traffic on portions of Marsh Creek Road affected by construction work within the right-of-way. The project’s compliance with all applicable encroachment permit conditions will ensure that project construction activities do not substantially affect traffic along the Marsh Creek Road right-of-way.
As previously mentioned in section IV(c) of this report, the proposed project is exempt from environmental review pursuant to CEQA guidelines section 15302(c), which covers the replacement of existing utility infrastructure. Projects of this type have been determined not to have a significant effect on the environment. There are no special circumstances or other project characteristics which warrant special environmental consideration. Therefore, no environmental review has been performed by CDD staff in connection with this project.
Lastly, the June 2, 2025, correspondence identifies concerns that the project site plans do not accurately reflect existing conditions. The party concerned later clarified for staff that this statement relates to a sidewalk depicted adjacent to the northern side of Marsh Creek Road, where only a gravel shoulder exists. CDD staff visited the site on June 3, 2025, and observed that there are no sidewalks on either side of Marsh Creek Road near the existing utility pole. The location of the utility pole, overhead wires, and existing telecom equipment observed by CDD staff all appear consistent with the project plans that were submitted with this application. The project plans were subsequently revised to clarify that the ground level area adjacent to the pole consists of a gravel shoulder.
IX. STAFF ANALYSIS AND DISCUSSION
A. General Plan: The subject property is located within an Agricultural Lands (AL) General Plan Land Use designation. Generally, parcels within this designation are non-irrigated, rural lands that may support grazing and dryland farming. Agricultural, open space, and non-urban uses are considered consistent with this designation. The project does not conflict with agricultural, open space or non-urban land uses on private property because it is located entirely within the Marsh Creek Road public right-of-way and would not encroach on neighboring parcels. Additionally, the provision of cellular coverage provides a vital service to the area that would also be of benefit to nearby residents, commuters, farmers, and/or recreationists in the area. Therefore, the land use is considered consistent and harmonious with land uses allowed within the AL designation.
B. Zoning: The project site is located within a General Agricultural (A-2) zoning district. Generally, the purpose of the A-2 district is to provide for orderly development and land uses on lands suitable for the production of food and/or fiber. Telecommunications facilities are a conditionally permitted land use within the A-2 zoning district and are also permissible within any public right-of-way upon approval of a Wireless Access permit. Thus, the project is consistent and compatible with the allowed uses within the A-2 district.
C. Wireless Telecommunications Facilities Ordinance (Chapter 88-24): The project proposes to reestablish a wireless telecom facility upon a utility pole within a public right-of-way pursuant to section 88-24.402(a) of the County Ordinance Code. The project would reestablish the Verizon Wireless facility that has been operating on a utility pole at this same location since 2013. The project is 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 County Wireless Ordinance (section 88-24.408) also includes design criteria for telecommunications facilities intended to limit aesthetic impacts, and to prevent such facilities from impeding the use of public rights-of-way by pedestrians or vehicles. The project minimizes aesthetic impacts because it is a “low visibility facility,” and all equipment to be mounted on the pole will be painted to blend in with the utility pole as shown on photo simulations submitted with this application. All proposed radio equipment mounted to the pole would be at least 11 feet above ground level (replacing equipment located +9 feet above ground level). No portion of the existing or proposed facility extends laterally over the traveled roadway or shoulder area. Thus, the project will not impede the use of the Marsh Creek Road right-of-way, nor will it affect traffic circulation therein.
Presently, the existing facility consists of a 30-foot-tall utility pole with two antennas located between 27-30 feet above ground level. A 7-foot-3-inch-tall wooden bayonet is installed atop the pole to provide vertical clearance above the antennas for overhead electrical wires located approximately 37 feet above ground level. The project would replace the existing utility pole with a 43-foot- tall pole, resulting in a 5-foot 6-inch height increase relative to existing conditions. The replacement antennas would be located between 32 to 34 feet above ground level, approximately five feet higher in elevation than the elevation of existing antennas installed upon the pole. The replacement antennas and ancillary equipment are considered minor alterations, having negligible effect on the facility in terms of height, bulk, or aesthetics.
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 County Wireless Ordinance.
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. A financial assurance in an amount sufficient to provide for the removal of the facility has previously been provided to the County to ensure the facility’s removal in connection with expired land use permit #CDLP13-02055. The project is conditioned to require the applicant to provide an updated cost estimate for the facility’s removal prior to the issuance of building permits to ensure that the bond presently retained by the County remains sufficient for its’ intended purpose.
In cumulative consideration of the above, the project, as conditioned, is compliant with all applicable provisions of the County Wireless Ordinance.
D. Appropriateness of Use: Wireless telecommunications facilities are conditionally permitted in all agricultural zoning districts within the County, which includes the General Agricultural (A-2) District in which the subject property is located. The project is not located on private property, so the operation of the facility would not be to the detriment of established or future agricultural land-use activities on or near the project site. Additionally, the provision of wireless telecommunications coverage provides a vital service to the area that benefits commuters, residents and/or recreationists 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 3.20% of the FCC General Population limits. Therefore, the project is compliant with federal regulations pertaining to RF emissions.
X. CONCLUSION
The project would establish a wireless access permit for the purpose of authorizing the operation of an existing wireless telecommunications facility in the public right-of-way. 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 Agricultural Lands (AL) General Plan Land Use Designation, the A-2 zoning district, as well as FCC radio frequency emissions standards. Therefore, staff recommends that the Zoning Administrator approve County File #CDWA25-00009 based on the attached findings and subject to the attached conditions of approval.
Attachments:
1. Findings and Conditions of Approval
2. Public Comments
3. Maps And Plans
4. Agency Comments
5. Photosimulations