HomeMy WebLinkAboutMINUTES - 10062009 - C.60RECOMMENDATION(S):
1. FIND that the project is Categorically Exempt from the California Environmental Quality
Act (CEQA), Minor Utility Extensions – Class 3(d).
2. AUTHORIZE the installation of proposed telecommunication antennae and other
equipment on an open space parcel where the development rights have been grant deeded to
the County pursuant to a previous approval of an amendment to the Blackhawk Final
Development Plan, under County File #LP082065.
3. DIRECT the Department of Conservation and Development – Community Development
Division to file a Notice of Exemption with the County Clerk.
FISCAL IMPACT:
There is no fiscal impact. The applicant is responsible for the cost of processing the land use
permit application.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 10/06/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Tanner Humiston
(925-335-1202)
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: October 6, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: EMY L. SHARP, Deputy
cc: Department of Conservation and Development, Telma Moreira, Shannon McDougall of Cortel, LLC
C.60
To:Board of Supervisors
From:Catherine Kutsuris, Conservation & Development Director
Date:October 6, 2009
Contra
Costa
County
Subject:Authorization for the Installation of a Telecommunications Facility within the Blackhawk Development
(AT&T - Applicant)
BACKGROUND:
The subject site is located on an open space parcel within the Blackhawk residential
project, west of the intersection of Eagle Nest Place and Eagle Nest Road. The site
contains high tension power lines and supporting towers. As part of the Blackhawk
project, at the time of the subdivision of the site, the subdivider grant deeded the
development rights for the open space property to the County (so-called "scenic
easement"). Any development on the property requires approval from the Board of
Supervisors.
Last year, AT & T applied to the County to amend the Blackhawk Final Development
Plan to allow the installation of telecommunication equipment on the site. The proposed
AT&T telecommunications facility consists of six panel antennas, one microwave dish
antenna, and five equipment cabinets. The antennas will be located towards the top of the
western PG&E transmission tower, and the equipment will be placed at the foot of the
tower behind a six foot eight inch tall block wall. The property owner, the Blackhawk
Homeowners Association, authorized the application.
The AT&T facility will be colocated with an existing Metro PCS telecommunications
facility. The existing facility was previously authorized by both the Zoning
Administrator, following a noticed public hearing, and the Board of Supervisors.
On July 6, 2009, the Zoning Administrator conducted a noticed public hearing on the
application. No one appeared at the meeting to oppose the project, and the application
was approved subject to conditions.
Before a building permit may be issued for the project, the Board of Supervisors must
authorize the placement of these improvements within this deed-restricted property.
ATTACHMENTS
Exhibit A: Maps and Photos
Exhibit C: ZA approved Staff Report
Exhibit C: ZA approved COAs
Exhibit D: Proj Description
Exhibit D: Proj Plans
Exhibit D: Photographs
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FINDINGS AND CONDITIONS OF APPROVAL FOR COUNTY FILE #LP08-2065; SHANNON
MCDOUGALL FOR AT&T (APPLICANT) AND BLACKHAWK HOMEOWNERS’
ASSOCIATION AND PG&E (OWNERS) AS APPROVED BY THE ZONING ADMINISTRATOR
JULY 6, 2009
FINDINGS
A. Growth Management Element Performance Standards
1. Traffic: The project will not increase existing traffic levels in the area. After installation of the
equipment is completed, the facility will require only routine maintenance, estimated to be one
or two site visits per month.
2. Water: The proposed project will not increase demand for water service in the area.
3. Sanitary Sewer: The proposed project will not increase demand for sewer service.
4. Fire Protection: The proposed project includes minimal physical development and would not
induce population growth. There would be no increase in demand for fire protection.
5. Public Protection: The proposed project includes minimal physical development and would not
induce population growth. Therefore, it would not increase the demand for public protection.
6. Parks and Recreation: The project does not increase the existing residential element and
therefore would not affect parks and recreational facilities.
7. Flood Control and Drainage: The site is not located in a Special Flood Hazard Area and
includes no physical development that could impact existing drainage facilities or necessitate
the construction of new facilities.
B. Development Plan Findings
1. That the proposed project, as conditioned, is consistent with the intent and purpose of the zoning
district.
The P-1 zoning district allows for a variety of uses as established through the approval of a final
development plan (FDP), with the intention of creating a cohesive and harmonious collection of
uses consistent with the area’s General Plan designation(s). Uses not included in those initially
established by the FDP can be added through approved modification to the FDP.
The proposed AT&T communications facility is zoned P-1 and is located on a parcel that was
preserved as open space through FDP 3003-84, in part because of an PG&E power line corridor
existing prior to the area’s development. The FDP incorporated the existing utility use of the
parcel and it has since been modified to allow for telecommunication facilities (County File
#DP05-3022 and #DP05-3059). The modification to FDP 3003-84 to allow the addition of an
AT&T telecommunication facility is consistent with the intent and purpose of the FDP objectives.
2. That the proposed project, as conditioned, is architecturally compatible with other uses in the
vicinity, both inside and outside the district.
The proposed antennas will be located on an existing power transmission tower and will be
collocated with two existing, similar telecommunications facilities. The antennas will be painted
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to match the color of the existing PG&E tower. From both short-range and long-range vantage
points, the views of the latticework tower will not change significantly.
The equipment cabinets will be enclosed by a 6-foot tall masonry wall that will match the existing
wall shielding similar equipment cabinets. The equipment cabinets and the wall will be located
at the base of the tower within its four legs and will be screened by shrubs from vantage points in
the neighborhood. The design of the proposed project will not conflict with the existing character
of the site or with nearby residences; nor will the proposed project compromise short-range or
long-range views.
C. Land Use Permit Findings
1. The proposed project as conditioned will not be detrimental to the health, safety, and general
welfare of the County.
The establishment of the proposed telecommunications facility will not be detrimental to health,
safety, and general welfare of the County. The Federal Communications Commission (FCC) has
adopted standards for public exposure, as well as occupational exposure to electro-magnetic
fields. Compliance with these standards is considered to be evidence that the project does not
present health and safety risks. Condition of approval (COA) #9 requires that the project comply
with current FCC/EMF standards. This COA will ensure that electro-magnetic field strength at
ground level falls within the FCC limit for public exposure.
2. The proposed project as conditioned will not adversely affect the orderly development of the
property within the County.
The establishment of the proposed telecommunications facility will not adversely affect the
orderly development of property within the County. As conditioned, the project is consistent with
applicable policies and regulations of the County, including the 1998 Telecommunications
Policies.
3. The proposed project as conditioned will not adversely affect the preservation of the property
values and protection of the tax base within the County.
The proposed project will be a minor modification to an existing PG&E transmission tower,
which currently houses two other communications facilities. The project as proposed and
conditioned, takes care to create minimal impact to the physical characteristics of the subject site
and it will be relatively visually indiscernible from properties in the surrounding area. There is
no reason to believe that the character of the community will be negatively impacted by the
installation of the AT&T facilities, but telecommunication services to the immediate
neighborhood and the surrounding area will be improved. Furthermore, the addition of
telecommunications equipment to the site will increase the assessed value of the site, which would
increase the tax revenue potentially raised by the County. The additional telecommunications
equipment will not adversely affect the preservation of the property values and protection of the
tax base within the County.
4. The proposed project as conditioned will not adversely affect the policy and goals as set by the
General Plan.
The subject site has a General Plan designation of Parks and Recreation (PR), and is located
within a PG&E power line corridor established prior to the development of the Blackhawk
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Country Club. While the general Plan does not specifically address telecommunication uses,
such uses are seen as basic needs and services for the community that must cross over a wide
expanse of land, and thus a variety of land uses, in order to be completely effective. Similar
utility uses have been approved on lands within this designation, to include two
telecommunications facilities located on the subject site. Primary concerns within PR include the
preservation of parks and recreation. The proposed AT&T antennas and equipment cabinets will
not substantially change the visibility of the site from viewpoints in the surrounding area.
Noise generation caused by equipment is a concern related to development, especially around
residential areas, and the General Plan has made provisions to protect the community from
harmful noise levels. As presented on Figure 11-3 of the General Plan, a large transformer
approximately 200 feet from a listener generates a noise level of about 40 dB. The proposed
equipment will be significantly smaller than a large transformer and would generate a lower
noise level. The total noise level generated by the proposed equipment in combination with the
existing equipment located on the site will generate noise levels less than 60dB, and would be
deemed acceptable for a single-family residential area according to Policy 11-2 of the General
Plan. Furthermore, any affects on the nearby residents created by the noise generated from the
proposed equipment will be lessened by the placement of the equipment cabinets – the portion of
the proposed project that will generate the highest noise levels – behind a masonry wall that will
serve as a noise buffer.
Finally, the proposed project implements the broad policies contained in the various elements of
the General Plan, specifically those policies implemented to encourage the prosperity of
residential areas. The proposed project will improve the communication capabilities for the
residents in the immediate neighborhood and the broader surrounding area, while maintaining a
harmonious balance between residential use, open space/park and recreation use, and utilities
common and necessary to daily life. The project as conditioned will not adversely affect the
policies and goals set by the General Plan.
5. The proposed project as conditioned will not create a nuisance and/or enforcement problem
within the neighborhood or community.
The project as conditioned will not create a nuisance or enforcement problem within the
neighborhood or community. The conditions of approval require that the site be maintained in
an orderly manner and that all facilities be removed on cessation of the use.
6. The proposed project as conditioned will not encourage marginal development within the
neighborhood.
The subject site is located within a P-1 district that was established to allow the development of a
specific type of community, the Blackhawk Country Club community, through FDP 3003-84.
The conditions of the subject site existing at the time the Blackhawk community was established
were incorporated into the development plan - specifically the existence of a PG&E transmission
tower and the site’s location within a power corridor. As such, the area was created with the
idea that the subject site would be partially used for utility type uses.
Since the implementation of FDP 3003-84, two other telecommunications facilities have been
located on the tower. The historical use of the site demonstrates that the site was intended to
augment the immediate neighborhood and the broader surrounding area by providing utility
services. The proposed AT&T facility represents a relatively minor intensification of the
telecommunications use for the site and is not expected to negatively affect the existing or
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potential uses on the site or on adjacent properties. The project as conditioned will not
encourage marginal development within the neighborhood.
7. That special conditions or unique characteristics of the subject property and its location or
surroundings are established.
The proposed telecommunication facility is to be located on a site that would provide a more
reliable, continuous signal within the vicinity of the Blackhawk Country Club and adjacent areas.
The proposed telecommunication facility will be colocated with two existing telecommunication
facilities operated by different providers. The siting of the proposed antennas, as conditioned, is
consistent with the provisions of the 1998 Telecommunications Policy.
CONDITIONS OF APPROVAL
Zoning Administrator Approval
1. ___ ___ Approval is granted for a land use permit and the modification of FDP 3003-84 to allow
for the installation and operation of an AT&T telecommunications facility based on the
following:
Application materials received by the Community Development Division on
November 4, 2008, and
Revised plans received by the Community Development Division on March
13, 2009.
Board of Supervisors Approval
2. ___ ___ The applicant must obtain authorization from the Contra Costa County Board of
Supervisors to allow installation of the proposed telecommunications equipment on
parcel #203-760-026, where development rights have been grant deeded to the County
per Subdivision 6432. Approval granted by the Zoning Administrator is contingent
upon the approval of the Board of Supervisors, which must be obtained prior to the
execution of this land use permit (LP08-2065).
Administrative Review
3. ___ ___ The land use permit is granted for a period of 10 years and shall be administratively
reviewed at three-year intervals. The applicant shall initiate the first review by
submitting a compliance report as to the current status of the project no later than
three (3) years from the effective date of this permit. This review by the Zoning
Administrator will be for the purpose of assuring continued compliance with the
conditions of permit approval and site compatibility with the land uses in the immediate
area. The current deposit for review of the Compliance Report is $500.00, but is subject
to change; the actual fee shall be time and materials. Non-compliance after written
notice thereof shall be cause for revocation proceedings. At the time of review,
additional conditions may be imposed and existing conditions may be altered. Costs of
the review shall be borne by the applicant.
The submittals for the compliance report shall include photo documentation of existing
conditions and equipment for comparison with past conditions and an RF report.
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Modifications to the plans may be required if technology has advanced to the point where
commercial wireless telecommunications facilities can be made less visually obtrusive.
The intent of this requirement is to assure that equipment on the site is comparable to
equipment that is currently being installed at the time of permit review.
Removal of Facility/Site Restoration
4. ___ ___ All structures and equipment associated with the commercial wireless communication
facility shall be removed within 90 days of the discontinuance of the use and the site shall
be restored by the permittee to its original pre-development condition. In addition, the
permittee shall provide the Department of Conservation and Development with a notice
of intent to vacate the site a minimum of 30 days prior to vacation.
Security to Provide for Removal of Equipment
5. ___ ___ Prior to the issuance of building permits for the telecommunications facility, or prior to
renewing a permit for an existing facility, the applicant or permittee shall provide a bond,
cash, or other surety, which shall be indexed annually for inflation, satisfactory to the
hearing body, for the removal of the facility in the event that the use is abandoned or the
use permit expires, is revoked, or otherwise terminated. If the owner or lessee does not
remove any obsolete or unused facilities, as described above, the financial guarantee shall
be used by the County to remove any obsolete or unused facilities and to return the site to
its pre-development condition. Any unused financial guarantee shall be returned to the
applicant upon termination of the use and removal of facility or transfer of the lease
accompanied by a financial guarantee by the new lessee or owner. Prior to issuance of
building permits, the applicant shall provide an estimate for the cost of removal of all
equipment associated with this request.
Submittal of Compliance Report
6. ___ ___ Prior to issuance of building permits related to this project, the applicant shall
submit the Condition of Approval Compliance Review package. The application
shall include the following:
a. Application deposit. The current deposit for this application is $500.00, but
is subject to change; the final fee will be dependent on time and materials
expenses incurred by County staff.
b. Applicable, appropriate proof of compliance, such as documentation, plans,
photographs, etc., shall be provided.
This application shall stay active until the final inspection for building permits
issued relative to this land use permit (LP08-2065) has occurred.
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General Provisions
7. ___ ___ Any deviation from or expansion beyond the limits of this permit approved under this
application may require the filing and approval of a request for modification of the Land
Use Permit.
8. ___ ___ The conditions contained herein shall be accepted by the applicant, his agents, lessees,
survivors or successors for continuing obligation.
9. ___ ___ Prior to the issuance of building permits issued relative to this approval, the applicant
shall provide evidence to the Zoning Administrator in the form of a license that the
facility meets all applicable Federal Communications Commission (FCC) standards. At
all times the facility shall comply with applicable rules, regulations and standards of the
FCC and other agencies having jurisdiction, and any other applicable federal, state and
county laws and regulation.
10. ___ ___ Facilities shall be operated in such a manner so as not to contribute to ambient RF/EMF
emissions in excess of then current FCC adopted RF/EMF emission standards.
11. ___ ___ The equipment shall be maintained in good condition over the term of the permit. This
shall include keeping the structures graffiti-free.
12. ___ ___ Antennae, cabinets and mountings shall not be used for advertising.
13. ___ ___ No signage or exterior lighting, with the exception of one switch-operated light at the
equipment cabinet area, shall be allowed. The light shall be directed downward and shall
be hooded so as to minimize off-site visibility (the hood shall extend beyond the bulb).
The light shall be kept in the “off” position except when AT&T personnel or their
contractor are present at the site.
Paint Color
14. ___ ___ All proposed antennas, antenna supports, cabinets and coaxial cables shall have a non-
reflective finish. Paints with a reflectivity less than 55 percent are required. Prior to
final inspection for building permits issued relative to this approval, color
photographs shall be submitted for review of the Zoning Administrator to verify
compliance with this condition.
Exterior Noise
15. ___ ___ Within 30 days of issuance of the final building permit, submit evidence for review and
approval of the Zoning Administrator that the wireless telecommunication facilities meet
acceptable exterior noise level standards as established in the Noise and Land Use
Compatibility Guidelines contained in the Noise Element. The evidence can either be
theoretical calculations for identical equipment or noise monitoring data recorded on the
site.
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Frequency Interference
16. ___ ___ Prior to the issuance of building permits issued relative to this approval, the
applicant shall submit a letter agreeing to participate in any county-wide program to
resolve frequency interference problems and provide a list of comparable facilities using
adjacent frequencies within a 1-mile radius of the site.
Work Restrictions
CONDITIONS 17 THROUGH 21 SHALL BE PRINTED ON THE FACE OF ALL
CONSTRUCTION DRAWINGS.
17. ___ ___ The applicant shall make a good faith effort to minimize project-related
disruptions to adjacent properties and to uses on the subject site. This shall be
communicated to project-related contractors.
18. ___ ___ The project sponsor shall require their contractors and subcontractors to fit all
internal combustion engines with mufflers which are in good condition and shall
locate stationary noise-generating equipment such as air compressors and
concrete pumpers as far away from existing residences as possible.
19. ___ ___ The site shall be maintained in an orderly fashion. Following the cessation of
construction activity, all construction debris shall be removed from the site.
20. ___ ___ Non-emergency maintenance, construction and other activities on the site related
to this use are restricted to the hours of 8:00 A.M. to 5:00 P.M., Monday through
Friday, and shall be prohibited on state and federal holidays on the calendar dates
that these holidays are observed by the state or federal government as listed
below:
New Year’s Day (State and Federal)
Birthday of Martin Luther King, Jr. (State and Federal)
Washington’s Birthday/Presidents’ Day (State and Federal)
Lincoln’s Birthday (State)
Cesar Chavez Day (State)
Memorial Day (State and Federal)
Independence Day (State and Federal)
Labor Day (State and Federal)
Columbus Day (State and Federal)
Veterans Day (State and Federal)
Thanksgiving Day (State and Federal)
Day after Thanksgiving (State)
Christmas Day (State and Federal)
For specific details on the actual day the state and federal holidays occur, please visit the
following websites:
Federal Holidays http://www.opm.gov/fedhol
California Holidays http://www.ftb.ca.gov/aboutFTB/holidays.shtml
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21. ___ ___ Transporting of heavy equipment and trucks shall be limited to weekdays between
the hours of 9:00 AM and 4:00 PM. and is prohibited on Federal and State
holidays.
Application Processing Fees
22. ___ ___ This application was received with a deposit of $3,000, which was paid with the
application submittal, plus time and material costs if the application review expenses
exceed 100% of the initial fee. Any additional fee due must be paid within 60 days of the
permit effective date or prior to use of the permit whichever occurs first. The fees
include costs through permit issuance plus five working days for file preparation. You
may obtain current costs by contacting the project planner. If you owe additional fees, a
bill will be sent to you shortly after permit issuance.
23. ___ ___ The replacement of existing equipment may be done administratively (without the
submittal of a land use permit) if the Zoning Administrator determines that:
a) The equipment replaced will be compatible in design, size, and height as
originally approved; and
b) Will not conflict with the approved required conditions.
An additional review fee in the amount of $500.00 (subject to time and materials) will be
filed through a Zoning Information Application to allow for review of the equipment to
be replaced.
ADVISORY NOTES
PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL,
BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL. ADVISORY NOTES ARE
PROVIDED FOR THE PURPOSE OF INFORMING THE APPLICANT OF ADDITIONAL
ORDINANCE AND OTHER LEGAL REQUIREMENTS TO WHICH THIS PROJECT MAY BE
SUBJECT.
A. NOTICE OF 90-DAY OPPORTUNITY TO PROTEST FEES, DEDICATIONS,
RESERVATIONS, OR OTHER EXACTIONS PERTAINING TO THE APPROVAL OF THIS
PERMIT.
This notice is intended to advise the applicant that pursuant to Government Code Section 66000,
et seq., the applicant has the opportunity to protest fees, dedications, reservations, and/or
exactions required as part of this project approval. The opportunity to protest is limited to a 90
day period after the project is approved.
The ninety (90) day period in which you may protest the amount of any fee or the imposition of
any dedication, reservation, or other exaction required by this approved permit, begins on the date
this permit was approved. To be valid, a protest must be in writing pursuant to Government Code
Section 66020 and delivered to the Community Development Division within 90 days of the
approval date of this permit.
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B. The San Ramon Valley Fire Protection District submitted the following comments regarding this
application:
If either back-up battery or generator systems are to be installed they shall required to be
submitted to the Fire District for review and permits prior to installation.
C. This project is subject to the requirements of the Department of Conservation & Development,
Building Inspection Division. It is advisable to review the requirements of this agency prior to
continuing with the project.
G:\Current Planning\curr-plan\Staff Reports\LP082065 Findings and COA.final.doc
Rev. 7/15/09 - dls