HomeMy WebLinkAboutMINUTES - 09091997 - D5 D-E
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TO: BOARD OF SUPERVISORS ;S
County
FROM: HARVEY E. BRAGDONy;;� !' •,��``
DIRECTOR OF COMMUNITY DEVELOPMENT °SrA covK�•�
DATE: July 16, 1997
SUBJECT: Appeal of the County Planning Commission Decision by Save Mount Diablo
on Chevron (Applicant) - State of California (Owner) , County File
#LP972015 to Renew the Land Use Permit for an Existing Communication
Facility on the North Peak of Mount Diablo
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Adopt the findings contained in Resolution No. 22-1997 as the
Board's own.
2 . Uphold the decision of the County Planning Commission and deny
the appeal of Save Mount Diablo.
FISCAL IMPACT
None.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The background for this project is contained in the May 27 , 1997
staff report to County Commission ("Commission") . At the May 27,
1997 hearing, the Commission took testimony and closed the hearing
and approved the permit with a modification to Condition of
Approval #2 , reflecting assignment of the application. Testimony
during the hearing focused on the County' s current Communications
Tower Policy, advances in new technology and length of the permit.
The decision of the Commission was appealed by Save Mount Diablo.
The appeal letter is included with this Board Order. The issues of
appeal are summarized below with staff response.
CONTINUED ON ATTACHMENT: x YES SIGNATURE wl �'
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD CO TEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON September 9, 1997 APPROVED AS RECOMMENDED x_ OTHER x _
See the attached Addendum for the Board's-action.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
_X UNANIMOUS (ABSENT - - - - - TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact:Debbie Chamberlain - 335-1213
Orig: Community Development Department ATTESTED September 9, 1997
cc: County Administrator PHIL BATCHELOR, CLERK OF
Public Works THE BOARD OF SUPERVISORS
Applicant (via CDD) AND COUNTN ADMINISTRATOR
B (� , DEPUTY
2 .
Issue #1: "While changes in the structures were not proposed,
neither was current technology allowing more visually sensitive
design considered.
Staff Response to #1: The application as proposed did not include
any modifications to the existing tower. The applicant testified
that Chevron is currently working toward the installation of
satellite technology that could reduce the number of antennas on
the existing tower and consolidate users. Chevron does not plan
this installation until the end of 1997 and continuing through the
determined that Chevron wasm attempting to®consolidate thedvarious
users through the installation of new technology that could make
the towers more "visually sensitive". Additionally, the findings
made by the Commission in approving the application stated that
while the towers are visible to the surrounding area, they do not
detract from the visual quality.
Issue #2 : "County's Communications Tower Policy is out of
date. . . "
Staff Response to #2 : The 1997 Communications Tower Policy is the
current policy of the County. To reflect the concern of Save
Mount Diablo, the Commission by Resolution 23-1997 is requesting
the Board of Supervisors study appropriate modifications to
reflect current and anticipated trends in the communications
industry. The Commission determined based on information in the
record that absent any changes in the Tower Policy, to reduce the
term of the permit ' to less than standard 20 years granted to
other communication sites throughout the County would be arbitrary
and capricious.
Issue #3 : "Like the Tower Policy, the permit conditions are not
appropriate to the current situation and the permit period is far
too long. "
Staff Response to #3 : The issue of appeal is extremely vague and
does not identify which of the conditions of approval are not
appropriate nor does the appellant recommend any modifications.
The conditions as presented, include a 20-year term, the
requirement for a five-year review to ensure compliance, maximum
overall height, intensity of use and parameters for replacement
equipment. Additionally, the Commission at any five-year review
can add, delete, or change conditions based on evidence submitted
at time of the review.
Save Mount Diablo has continuously requested that the term of the
permit be limited to one-year while other information is
collected, with the overall term of the permit not to exceed 10
years. The applicant testified that they are working toward
consolidation of users but would not be reducing the overall
height of the tower. Additionally, conditions of approval for
this land use permit and LP752203 does not limit the number of
users that can locate on the tower. The Commission in approving
the application acknowledged that advances in technology would
allow the consolidation of users. However, absent any evidence of
a non-compliance by Chevron and changes in the current policy this
does not warrant reducing the term of the permit below the
consistent 20-year term granted to other communication site
throughout the County.
Issue #4 : "Permit renewals are the County's opportunity to
improve existing impacts (General Plan Policy 9-24) and
improvement and update of the County's Communication Towers Policy
would be an opportunity to provide guidance when structures are
proposed on peaks and scenic ridgelines (General Plan Policy 9-
C) . "
3 .
Staff Response to #4 : The applicant testified that Chevron is
currently working towards satellite technology that would reduce
the number of antennas on the existing tower and consolidate
users, but would not eliminate or reduce its overall height. The
Planning Commission determined that no physical change to the
environment was occurring with approving this application and
while the tower is visually apparent, it does not detract from the
visual quality of the surrounding area and provides significant
communication benefits. Additionally, the Planning Commission by
Resolution #23-1997 recommends the Board of Supervisors review of
the Policy to determine if appropriate modifications can be made
to reflect current and anticipated trends in the communications
industry.
Based on the evidence in the record and review of the appeal
letter, staff finds that there is no new information which was not
presented to the County Planning Commission at the time of their
decision. Staff recommends that the Board uphold the decision of
the County Planning commission and deny the appeal .
DJC/aa
BD/2015-97 .DJC
Addendum for Item D.5
Agenda September 9, 1997
This is the time noticed by the Clerk of the Board of Supervisors for hearing on the
appeal by Save Mount Diablo (Appellant) from the decision of the Contra Costa County
Planning Commission on the application by Chevron (Applicant), and the State of California
(Owner), County File #LUP 2015-97, for approval to continue the use of an existing
communications facility at the top of the north peak of Mount Diablo.
Debbie Chamberlain, Community Development Department, presented the staff report
and recommendations on the matter. She advised the Board that a tentative agreement had
been reached between the parties. She also noted that Condition No. S was modified so that
the tower permit term would be for 10 years and would be considered for renewal every 3
years at a public hearing.
Ms. Chamberlain advised that an additional condition could be imposed that would
require Chevron to remove equipment within a reasonable time that was no longer needed at
the tower site. She commented that the Community Development staff will prepare a report
for the Board's consideration to review the County's tower policies.
The public hearing was opened, and the following people presented testimony:
Jeff Truskey, Esq., 555 Market Street, San Francisco;
Seth Adams, Save Mount Diablo, P.O. Box 5376, Walnut Creek;
Mary Delamater for Lucy E. Viera Trust, 9495 Marsh Creek Road,
Clayton.
All those desiring to speak having been heard, the hearing was closed and the Board
discussed the issues presented.
Supervisor Uilkema moved the staffs recommendations with modifications relative to
this permit application.
Supervisor DeSaulnier seconded the motion.
Dennis Barry requested clarification whether the motion was intended to grant the
appeal in part and deny it in part, and approve the Land Use Permit with modified conditions.
Supervisor Uilkema concurred that was the intent of the motion.
Supervisor Gerber moved that the Board consider the discussion of tower policies as
an item that was not posted on today's Board agenda.
Supervisor DeSaulnier seconded the motion.
Following Board discussion, and the Community Development Department's
affirmation that a review of tower policies would come before the Board in the coming
weeks, Supervisors Gerber and DeSaulnier withdrew their motion and second.
IT IS BY THE BOARD ORDERED that the hearing is CLOSED; staffs
recommendations 1 and 2 are APPROVED as amended; the appeal of Save Mount Diablo
(Appellant) from the decision of the Contra Costa County Planning Commission,on the
application by Chevron (Applicant), and the State of California (Owner), County File
# LUP 2015-97 is DENIED in part and granted in part with amended conditions; and the
Community Development Department is DIRECTED to prepare the appropriate documents for
the Board's consideration relative to tower policies.
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
APPROVED PERMIT
APPLICANT: Chevron APPLICATION NO. LP972015
6001 Bollinger Canyon Rd., #2160
San Ramon, CA 9 4583 ASSESSOR'S PARCEL NO. 078-110-002
OWNER: State of California ZONING DISTRICT: A-2
1416 - 9th Street ,
Sacramento, CA 95814 APPROVED DATE: 9/9/97
EFFECTIVE DATE: 9/9/97
This is to notify you that the Board of Supervisors has granted your request for a land use permit, subject
to the attached conditions.
DENNIS M. BARRY, AICP
Interim Community Development Director
PLEASE NOTE THE EFFECTIVE DATE, and be aware of the renewing requirements as no further
notification will be sent by this office.
it
CONDITIONS OF APPROVAL FOR LAND USE PERMIT 2015-97 AS APPROVED BY THE
BOARD OF SUPERVISORS ON SEPTEMBER 9 1997
1. This application is approved for one communication tower and equipment shelter, subject
to the following conditions.
2. This permit is granted to Chevron, its successors and assign only for Site#2.
3. Approval is granted specifically for:
A. Site#2(Chevron):Microflect guyed tower(or similar), not to exceed 70-feet and an
approximately 10'x 26'x 9' equipment shelter.
4. The overhead power lines approved with this application shall be subject to further
evaluation (undergrounding, relocation, removal or retention) at the required reviews.
5. Any additional generator/transformer shall be subject to review and approval by the Zoning
Administrator prior to placement.
6. Location of all power lines from existing or proposed generators/transformers shall be
subject to Zoning Administrator review and approval.
7. Any expansion of the facilities beyond the limits of this permit will require the filing of a
new land use permit.
8. This permit shall expire June 1, 2007, and shall be reviewed every three years at public
hearing before the County Planning Commission for the purpose of determining the need to
add, delete or change conditions. The next review shall occur in June, 2000 and shall be
initiated by the permittees submitting statements as to continued compliance with the
conditions of approval to the County Community Development Department no later than
May 1, 2000. The statement shall be accompanied by a complete set of dated photographs
of each permittees improvements and appropriate filing fee.
9. All structures shall be removed upon termination of this use. A qualified biologist/botanist,
or resource specialist shall supervise the removal of any structure.
10. The conditions contained herein shall be accepted by the permittees and their agents, lessees,
assignees, survivors or successors for continuing obligation.
11. The sites shall be maintained in an orderly manner.
�r
2
12. Transmitting and receiving antennas, including microwave dishes, may only be located on
approved towers. No such equipment shall at any time be located even temporarily, on
buildings, poles or vegetation, except during an emergency for the purpose of restoring
communication services. Should such an emergency occur the permittee shall immediately
advise the Community Development Department by letter stating the nature of the
emergency, the nature of the temporary relocation, and the anticipated repair time.
13. Replacement equipment shall not exceed in size that currently on site(excepting the tower
maximum height defined in Condition#3) except as required by FCC for technical reasons
or building codes for structural safety reasons subject to approval by the Zoning
Administrator.
14. Antenna height shall be limited to a maximum 20-feet above tower height.
15. Non-compliance with any condition by a permittee may be cause to revoke this permit as
related to the non-conforming permittee only, after due notice and public hearing.
15. The area around all facilities shall be kept free of all extraneous material. Clearing of the
sites shall only be allowed to the degree necessary to prevent fire hazard.
17. Chevron shall remove equipment no longer needed on the tower within a reasonable period
of time that such use ceases.
DJC/aa
LPVIW2015-97c.DJC
4/7/97
5/27/97 - CPC (a)
9/9/97 -BS (a)
err