HomeMy WebLinkAboutMINUTES - 03132007 - D.1 1\
TO: BOARD OF SUPERVISORS Contra
-
Costa
FROM: DENNIS M. BARRY, AICP
County
COMMUNITY DEVELOPMENT DIRECTORsT.;-�o;--
DATE: March 13, 2007 I
SUBJECT: Determination on a Request to Install Telecommunications Equipment
within a County Scenic Easement within the Blackhawk Development, in
the Danville area. (County File #DP05-3022) (Metro PCS – Applicant;
Blackhawk Homeowners Association – Owner) (Sup. District III)
I. RECOMMENDATIONS
A. For purposes of compliance with the California Environmental Quality Act(CEQA), find that
the project is Categorically Exempt from the requirements of CEQA, Minor . Utility
Extensions—Class 3(d).
B. AUTHORIZE the proposed installation of telecommunications equipment and operation of
the wireless telecommunication facility proposed by Metro PCS, to be co-located on an
existing PG&E latticework tower that is 118 feet tall, within the County Scenic Easement,
subject to compliance with the Development Permit approved by the Zoning Administrator
that amended the Blackhawk Final Development Plan, File #DP05-3022, as well as the
supplemental design control conditions presented in Exhibit A
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CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
ACTION OF BOARD ON ' D PPROVED AS RECOMMENDED )( OTHERIK
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT .IG ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE
ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE
Contact: Bob Drake(925/335-1214) ATTESTED
cc: Community Development Dept. (orig.) i
Dan Burk, Metro PCs JOHN CULLEN, CLERK OF
Mark,Goldberg, THE BOAR,9 OF SUPERVISORS
Blackhawk Homeowners Association AND CO ADMINISTRATOR
BY PUTY
Approval of Metro PCS Facility in Deed Restricted Area
(County File DP053022)
Board of Supervisors
March 13, 2007
Page 2
C. Direct staff to file a Notice of Exemption with the County Clerk.
II. FISCAL IMPACT
None: The staff time and material costs of the appeal are borne by the Applicant.
III. BACKGROUND
A. History. On March 28, 2005, Metro PCS, a wireless telecommunications
firm, filed an application with the County to amend the Blackhawk Final
Development Plan (County File #DP05-3022) to allow the installation of
telecommunications equipment within the Blackhawk residential project. On
July 11, 2005, following a noticed public hearing, the Zoning Administrator
approved the project, subject to 24 Conditions of Approval (see Appendix A
for the permit). Insofar as the site is located within a scenic easement that
has been conveyed to the County, Condition of Approval #2 requires Board
of Supervisors' authorization to allow the project to proceed.
On August 1, 2005 another telecommunications firm, Cingular Wireless,filed
a separate application to co-locate on the same site (County File
#DP053059). Consequently, staff indicated to Metro PCS that taking their
project before the Board of Supervisors would be held while processing of
the Cingular Wireless application caught up with the Metro PCS application.
This hiatus also provided the opportunity for the two carriers to work together
on integrating their grading plans, equipment areas and landscape plans.
Ultimately, Cingular Wireless lost interest in pursuing this project.
B. Lack of Public Controversy. The application is supported by the Blackhawk
Homeowners Association. Prior to the Zoning. Administrator's hearing, a
"Notice of Public Hearing"was distributed.to property owners within 300 feet
of the subject parcel. No letters in opposition were received by the
Community Development Department, and the project was approved on the
Consent Calendar. In summary, there are no known opponents to this
application.
IV. DISCUSSION
Prior to development of the Blackhawk property, the project site was crossed by a
175-foot-wide PG&E easement. There are two existing latticework towers that
extend 118 feet above ground level on the subject parcel. The development
concept of Blackhawk retained the PG&E easement in open forms of land use.
At the time of the approval of the Blackhawk development,the Developer conveyed
to the County a scenic easement for all open space properties within the project. A
Approval of Metro PCS Facility in Deed Restricted Area
(County File DP053022)
Board of Supervisors
March 13, 2007
Page 3
scenic easement is a form of Grant Deed of Development Rights. Before any
development may occur within the scenic easement,the Board of Supervisors must
authorize such development.
The site of the proposed Metro PCS facility is a 2.55-acre parcel. Of the parcel,
approximately 67 percent is in the PG&E easement. The parcel is designated "Park
and Recreation" (PR) by the General Plan and.serves as.visual open space, with a
lawn and manicured hedge along the road frontage of the parcel, and annual
grasses/native vegetation on the interior of the property.
The applicant and owner consider the proposed telecommunication use to be
consistent with the existing utility use of the site by PG&E. The applicant requests
placing panel antenna on a 6-foot extension of the existing latticework tower, and
locating the equipment area beneath the four legs of the tower. The equipment of
Metro PCS is to be integrated into the site by a) designing the tower extension to
mimic the design and color of the existing PG&E tower, and b) fencing the
equipment area with a 6-foot-high wood fence, and installing landscape plantings
around the four legs of the tower with trees and shrubs. After six years, plant
growth is anticipated to screen the fenced equipment area.
V. CONCLUSION
The project represents an intensification of the existing utility-related use of the site.
The antennas will increase the height of the latticework tower from 118 to 124 feet
above ground level. The structures added to the tower by Metro PCS will be
camouflaged to mimic the design and color of the tower, and the equipment
cabinets are 6 feet 3'/2 inches high, but located under the four legs of the tower.
The landscape plan indicates that within six years live plants will screen views of the
equipment area (see Appendix C, Exhibits 6 through 9). In the short term, the
fenced equipment area will be visible but views will continue to be dominated by the
latticework tower. The type of fencing does not appear to be an aesthetically
pleasing design and, based on photo-simulation, a very visible component of the
project.
To address this visual concern, staff is recommending that Board authorization of
this request be subject to the supplemental design requirements contained in
Exhibit A. These conditions will require an upgraded fence enclosure for the
proposed equipment shelter to be placed at ground level, and the grading to fit the
equipment area into the terrain.
G:\Current Plan ning\curr-plan\Board\Board Orders\DP053022_BoardOrder(3).doc
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Appendix A
CONDITIONS OF APPROVAL FOR DP053022
CONTRA COSTA COL`"TY
CO1IMU'N1 1TY DEVELOPMENT DEPARTMENT
APPROVED PERMIT
APPLICANT: Metro PCS APPLICATION NO. DP053022
1080 Marina Village Parkway
Alameda,Ca 94501 ASSESSOR'S PARCEL NO. 203-760-026
SITE ADDRESS N/A
ZONING DISTRICT: P-1
OWNER: Blackhawk Home APPROVED DATE: 7/11/2005
Owners Association
125 Blackhawk Plaza Circle #230 EFFECTIVE DATE: 7/22/2005
Danville, Ca 94506 -
This matter not having been appealed within the time prescribed by law, APPROVAL TO MODIFY THE
FINAL DEVELOPMENT PLAN TO ALLOW THE INSTALLATION AND OPERATION OF A
WIRELESS TELECOMMUNICATION FACILITY IN A PLANNED UNIT(P-1)DISTRICT in the
DANVILLE area is hereby GRANTED, subject to the attached conditions.
DENNIS M. BARRY, AICP
Community D elopment Director
By: x- ,,
ROBERT ft. 15RAKE
Deputy Zoning Administrator
Unless otherwise provided,THIS PERMIT WILL EXPIRE ONE(1) YEAR from the effective date if the
use allowed by this permit is not established within that time.
PLEASE NOTE THE EFFECTIVE DATE, as no further notification will be sent by this office.
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FINDINGS AND CONDITIONS OF APPROVAL FOR DEVELOPIMENT PLAN 3022-05 AS
APPROVED BY THE ZONTv'G ADMINISTRATOR ON JULY 11. 2005
Findings
A. Development Plan Findings.
1. Purpose of District. The parcel is within the Blackhawk Country Club and was
established by approval 1840-RZ,approval of the associated final development plan
(FDP 3003-84) and recordation of the final subdivision map for SD6432. The
proposed MetroPCS facility is located on a parcel that was preserved for an open
space use due to the existing PG&E high voltage lines. The proposed
telecommunication facilities are designed to minimize their visibility. The project is
found to be consistent with the plan objectives and land use plan.
2. Design Objectives and Architectural Compatibility. Review of the plans for the
MetroPCS facility indicate utility connections will be undergrounded; the panel
antennas will be camouflaged in a"top hat" and painted 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(see Figures 12 and 13).
The equipment cabinets are to be enclosed by a 6-foot-tall wood fence located within
the four legs of the tower and these facilities will be screened by trees and shrubs
from vantage points in the neighborhood (see Figures 9, 10 and 11). In summary,
visual appearance will not conflict with the existing character of the site or with
nearby residences and will not compromise long range or short range views.
B. Land Use Permit Findings
The following required findings for the approval of a land use permit to establish a
telecommunications facility as provided by County Code Section 26-2.2008 have been
satisfied.
1. 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. The predicted field strengths at ground level is less than
one-tenth of 1 percent of the FCC limit for.public exposure.
2. The establishment of the proposed telecommunications facility will not adversely
affect the orderly development of property within the County. The project is
consistent with applicable policies and regulations of the County, including the
1998 Telecommunications Policies. The proposed panel antennas are to be
mounted to an existing equipment.structure(i.e.,PG&E tower that supports high
voltage lines); and the equipment cabinets are within the four legs of the
latticework tower.
3. The project as conditioned will not adversely affect the preservation of property
values and the protection of the tax base within the County. The proposed site
and vicinity are designated "parks and recreation" (PR). The proposed wireless
communications facilities requires approximately 0.003 acres and will not
interfere with the range of open space uses on the property, or with potential uses
on nearby properties.
4. The project as conditioned will not adversely affect the policy and goals as set by
the General Plan. The primary issues pertain to visibility of the site from the
neighborhood. However,the Metro PCS facilities do not substantially change the
visibility of the site from viewpoints in the surrounding area(see Figures 11, 12
and 13).
5. The project as conditioned will not create-a nuisance and/or enforcement problem
.within the neighborhood or community. The recommended 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 establishment of the proposed communications facility will not encourage
marginal development within the community. The telecommunications facilities
do not encourage development. Rather, development is controlled by zoning,the
General Plan and physical constraints. Where there are sizeable populations or a
major road, the public demands wireless telecommunication facilities. The
project is a response to that demand.
7. The proposed communication facility is to be located in a site that would provide
a more reliable, continuous signal within the vicinity of the Blackhawk Country
Club and adjacent areas. The siting of the proposed antennas, as conditioned, is
consistent with the provisions of the 1998 Telecommunications Policy.
B. Growth Management Performance Standards
1. Traffic: The project will not increase existing traffic levels in the area. After
installation is completed,the facility will require only routine maintenance,one or
two site visits per month per carrier.
2. Water: The project will not increase the demand for water supplies in the area,
with the exception of irrigation of drought-tolerant trees and shrubs.
3. Sanitary Sewer. The project will not increase the demand for sanitary sewer
service in the. area.
4. Fire Protection: The project is not expected to significantly modify the demand
for fire protection facilities at the site.
5. Public Protection: The project will not create any unusual lawn enforcement
problems or increase the demand for police service facilities.
6. Parks & Recreation: The project will not increase the demand for parks or
recreation facilities. Because the facilities are either mounted to an existing tower
or be within the four legs of the tower, the project does not result in loss of land
for parks and recreation use, and it includes landscape plantings that may increase
passive enjoyment of the parcel.
7. Flood Control &Drainage: The project will not measurably increase run-off into
nearby community drainage facilities. The site is not located within a FEMA-
designated special flood hazard zone. The project will not create a hazard
associated with any existing flood hazard condition.
CONDITIONS OF APPROVAL AS APPROVED BY THE ZONING ADMINISTRATOR ON
JULY 11, 2005.
Zoning Administrator Review
1. Development is approved as generally shown on plans submitted with the
application received by the Community Development Department on
March 28, 2005, subject to final review and approval by the County
Zoning Administrator prior to the issuance of a building permit and
subject to the conditions listed below.
Board of Supervisors Authorization
2, Prior to issuance of a building permit for the project, obtain authorization
from the Board of Supervisors to allow installation of the proposed
telecommunication equipment on Parcel K of Subdivision 6432 (where
development rights have been grant deeded to the County).
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 statement as to the current status of
the project to the Zoning Administrator no later than May 15, 2008. 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. Non-compliance
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after written notice thereof shall be cause for revocation proceedings. At
the time of review; additional conditions may be imposed and/or existing
conditions altered. Costs of the review will be borne by the applicant.
The submittals shall include photo documentation of existing conditions
and equipment for comparison with past conditions and an RF report.
Modification to the approved site plan may be required if technology has
advanced to the point where commercial wireless telecommunications
facilities can be made or less visually obtrusive. The intent of this
requirement is to assure that equipment on the site conforms with
equipment that is currently being installed at the time of permit review.
Removal of Facility/Site Restoration
4. All structures and equipment associated with a commercial wireless
communication facility shall be removed within 30 days of the
discontinuance of the use and site shall be restored by the permittee to its
original pre-development condition. In addition, the permittee shall
provide the Community Development Department with a notice of intent
to vacate the site on a minimum of 30 days prior to vacation.
Financial Assurance
5. Prior to issuance of building permits for the telecommunication facility or
prior to renewing a use permit for an existing facility, the applicant or
permittee shall provide financial guarantee, 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,
or 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.
Submittal of Compliance Report
6. Prior to issuance of the building or grading permit, submit a report on
compliance with the conditions of approval for the review and approval of
the Zoning Administrator. The report shall list each condition followed by
a description of what the applicant has provided as evidence of compliance
with that condition. Unless otherwise indicated, the applicant will be
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required to demonstrate compliance with the conditions of this report prior
to issuance of construction permits. The Zoning Administrator may reject
the report if it is not comprehensive with respect to applicable
requirements for the requested ministerial permit. (Payment of the
applicable COA compliance fee must be submitted with the Compliance
Report.)
General Provisions
7. Any deviation from or expansion beyond the limits of this permit
approved under this application shall require the filing and approval of a
request for modification of the Final Development Plan.
8. The conditions contained herein shall be accepted by the applicant, his
agents, lessees, survivors or successors for continuing obligation.
9. Provide evidence in the form of a license that the facility meets all
applicable FCC standards. At all times the facility shall comply with
applicable rules,regulations and standards of the FCC and other agencies
having jurisdiction.
10. _ All commercial wireless communications facilities shall comply at all
times with all Federal Communications Commission (FCC) rules,
regulations and standards, and any other applicable federal, state or
County law or regulation.
1 l. 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.
12. The equipment and accessory structures shall be maintained in good
condition over the term of the permit. This shall include keeping the
structures graffiti-free.
13. Antennas, cabinets and mountings shall not be used for advertising.
14. No signage or exterior lighting, with the exception of a switch-operated
light at the equipment cabinet area shall be allowed. The light shall be
kept in the "off' position except when personnel of the operator of the
facility and/or their contractor are present at the site.
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Exterior Noise
15. Prior to the final building inspection, 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 during testing of
the facility.
Frequency Interference
16. Submit a letter on MetroPCS letterhead, agreeing to participate in any
countywide program to resolve frequency interference problems.
Fencing
17. No fencing other than the proposed solid wood fencing of the equipment
area shown on the approved plans is allowed without the written approval
of the Zoning Administrator.
Stealthing
18. Prior to issuance of the building permit, submit plans and design details
for the "top hat" that indicates the effectiveness of the design in
camouflaging the antennas, antenna supports, and co-axial cable. These
submittals shall be subject to the review and approval of the Zoning
Administrator.
Paint Color
19. The antennas, antenna supports and coaxial cables shall have a non-
reflective finish and shall be painted or otherwise treated to mimic the
color of the PG&E tower. The fenced enclosure of the equipment area
shall not be painted. Paints with a reflectivity less than 55 percent are
required. Color photographs showing the as-built condition shall be
submitted for review of the Zoning Administrator to verify compliance
with this Condition of Approval within 30 days of completing
construction.
Landscaping
20. A landscaping and irrigation plans shall be submitted for review and
approval of the Zoning Administrator at least 30 days prior to issuance of
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building permits. The objective of the landscape plan shall be to soften
views of the equipment area from public vantage points. The plan shall
emphasize use of drought-tolerant and evergreen trees and shrubs and
include specifications for soil mix,fertilizers and planting. The landscape
plants and irrigation facilities shall be installed prior to approval of final
building permit for the telecommunications equipment. The plan shall be
prepared by a licensed landscape architect and shall be certified to be in
compliance with the County Water Conservation Ordinance 82-26. An
irrigation plan,water source and irrigation schedule shall be included with
the landscape plan. The survival of all plants shall be guaranteed over the
life of the project.
Geotechnical Report
21. At least 30 days prior to issuance of building permit or installation of
improvements or utilities, applicant shall submit a preliminary geology,
soil, and foundation report meeting the requirements of Subdivision
Ordinance Section 94-4.420 for review and approval of the County Peer
Review Geologist. The report shall include criteria for gradients of
engineered slopes, criteria for placement of fill, backfilling of utility
trenches, and slab-on-grade construction. Improvement, grading, and
building plans shall carry out the recommendations of the approved report.
This report shall include evaluation of the effects of the proposed grading
on stability of the tower by recognized methods appropriate to soil
conditions discovered during subsurface investigation. The investigation
shall also include contacting the manager of the Blackhawk GHAD for
information on previous grading on the site. The report shall address any
issues and concerns of the GHAD.
Grading
22. No grading is allowed for this project without geotechnical review of
construction plans. The utility trench shall be backfilled in accordance
with geotechnical recommendations and the disturbed area covered with
topsoil, seeded and mulched.
Construction Conditions
23. At least one week prior to commencement of grading, the applicant shall
post the site and mail to the owners of property within 300 feet of the
exterior boundary of the project site notice that construction work will
commence. The notice shall include a list of contact persons with name,
title,phone number and area of responsibility. The person responsible for
maintaining the list shall be included. The list shall be kept current at all
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times and shall consist of persons with authority to indicate and implement
corrective action in their area of responsibility. The names of individuals
responsible for noise and litter control,tree protection,construction traffic
and vehicles, erosion control, and the 24-hour emergency number, shall be
expressly identified in the notice. A copy of the notice shall be
concurrently transmitted to the Community Development Department.
The notice shall be accompanied by a list of the names and addresses of
the property owners noticed, and a map identifying the area noticed.
Application Processing Fees
24. This application is subject to a deposit of$2,766.00,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.
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
THAT MUST BE MET IN ORDER TO PROCEED WITH DEVELOPMENT.
A. The application will be required to comply with all rules,regulations and procedures of
the National Pollutant Discharge Elimination System (NPDES) permit for municipal,
construction and industrial activities as promulgated by the California State Water
Resources Control Board or any of its Regional Water Quality Control Boards (San
Francisco—Regional II).
B. Additional requirements may be imposed by the Fire District or the Building Inspection
Department. It is advisable to check with these departments prior to requesting a
building permit or proceeding with the project.
C. The Building Inspection Department will require two sets of building plans which must
be stamped by the Community Development Department and by the County Health
Services Department.
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D. Project sponsor is required by the FCC to-,work with neighbors to correct any interference
to telephones, televisions or other electronic equipment caused by Wireless
Telecommunications Systems (WTS) facility.
E. 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
ninety-day(90)period after the project is approved.
The 90-day period in which you may protest the amount of any fee or 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 Department within 90
days of the approval date of this permit.
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Appendix B
STAFF REPORT FOR ZONING ADMINISTRATOR HEARING
Agenda Item #
Community Development Contra Costa County
CONTRA COSTA COUNTY ZONING ADMINISTRATOR
MONDAY, JULY 11, 2005
I. INTRODUCTION
METRO PCS (Applicant) — BLACKHAWK HOMEOWNERS ASSOCIATION
(Owner),County File#DP053022: The applicant requests approval to modify the Final
Development Plan to allow the installation and operation of a wireless
telecommunication facility in a Planned Unit(P-1)District. The communication facilities
are to be co-located on an existing PG&E latticework tower that is 118 feet tall. The
lease area is located in the northwest quadrant of Blackhawk Drive/Eagle Nest Place
intersection. The property is a 2.55-acre parcel in the Blackhawk Country Club, and the
lease area is approximately 200 feet west of the Eagle Nest Lane/Eagle Nest Place
intersection, inthe Danville area(P-1)(ZA:T-19)(CT 3551.03)(Parcel#203-760-026).
II. RECOMMENDATION
Staff recommends approval with conditions.
IIl. GENERAL INFORMATION
A. General Plan: The property is inside of the urban limit line. The Land Use
Element designates the parcel "Park and Recreation" (PR); the adjacent
residential lots in the Blackhawk Country Club are designated "single family
residential—low density"(SL),which has an allowable density range of 1.0 to 2.9
dwelling units per net acre.
Land Use Element policies for the Alamo-Diablo-Blackhawk area are presented
in the County General Plan, page 3-61 through 3-66. Policy 3-135 states the
following:
Promote the individual and unique character ofeach community based on
existing community images.
B. Zonin : The Blackhawk Development, including the project site, is zoned
"Planned Unit District" (P-1). The Ordinance Code provisions governing this
district are contained in Chapter 84-66. Section 84-66.1804 provides procedures
for modification to approved Final Development Plans.
S-2
a. Review Hearing: The Zoning Administrator shall review
approved final development plan applications for
modification pursuant to and otherwise regulated by the
land use permit provisions of Chapter 26-2,for which he
may schedule a public hearing and shall do so if he
determines that a substantial modification is being
requested in an approved final development plan.
b. Findings: In approving the modification application, he
shall find that it is consistent with the intent and purpose of
the P-1 district and compatible with other uses in the
vicinity, both inside and outside the district.
C. Conditions: The Zoning Administrator may impose
reasonable conditions and limitations to carry out the
purpose of the P-1 district when approving any
modification. (Ord. 79-74: `84-66.016: prior code'
8166(1): Ord. 1743).
C. CEQA Status: The project is exempt. Section 15303 -Class 3(d)exempts minor
utility extensions.
D. Regulatory Programs:
1. Flood Hazards: The property is designated Flood Zone C(Source: FIRM
Panel 475B)-
2. Active Fault Hazards: The property is not within an Alquist-Priolo
Earthquake Fault Zone(Source: CDMG Special Publication 442, 1997).
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3. Noise Hazards: According to the Noise Element of the General Plan,the
site is not within an area experiencing noise levels of 60 dBA or greater
(Source: Noise Element, pg. 11-32).
E. Previous Applications:
1. 1840-RZ. This was an application of the Blackhawk Development
Company for rezoning of 4,775 acres from"General Agriculture"(A-2)to
"Planned Unit Development"(P-1). The application was filed September
17, 1973 and was approved by the Planning Commission on May 28,
1974. The implementing ordinance for this rezoning is identified as
Ordinance 74-55.
S-3
2. DP3035-78. This was an application of the Blackhawk Development
Company for approval of the Blackhawk Country Club. The preliminary
development plan was approved July 12, 1978.
3. FDP 3003-84. This was a request of the Blackhawk Company for
approval of a final development plan for the areas of SD6432 and
SD6433. This application was approved by the San Ramon Valley
Regional Planning Commission, subject to 16 conditions of approval
(COA's). (The application was heard on February 15, 1984 and approved
on March 21, 1984.) COA#6 required the deeding of development rights
to open space parcels, including the site, with recordation of the final
subdivision map.
4. SD6432. This was the subdivision that created the open space lot that is
the subject of the MetroPCS project. That subdivision created 21 single-
family residential lots on 22 acres, along with 67.3 acres of"open space"
and "parks and recreation". COA #5 required deeding of development
rights to those parcels to Contra Costa County. This application was
approved by the San Ramon Valley Regional Planning Commission on
March 21, 1984.
IV. AREA AND SITE DESCRIPTION
Figure 1, General Plan Land Use Map, shows the location of the site with respect to
nearby communities and major roads. The project is approximately 3'/2 miles east of the
central business district of Danville, and approximately 4 miles south of the summit of
Mt. Diablo. Figure 2, Zoning Map, indicates the site and adjacent lands are zoned P-1
(Planned Unit District). Figure 3, Ortho Photo,shows the existing land uses on the site
and vicinity. The photograph indicates irrigated landscape plantings along much of the
Eagle Nest Place frontage of the parcel.
Figure 4, Assessors Parcel Map, indicates parcel sizes and previous applications in the
site vicinity. Figure 5, Overall Site Plan, shows the location of the PG&E tower that is
the site of the proposed project. It also indicates the local road network, boundaries of
the PG&E easement, and location of residential lots. According to this map, the site
achieves a setback of approximately 50 feet from the nearest property line, and
approximately 175 feet from the Eagle Nest Place property line. The parcel is identified
as a portion of Parcel "K" and is labeled "Common Area".
S-4
V. PROPOSED PROJECT
Table 1
FACILITIES PROPOSED BY METRO PCS
The facilities proposed by Metro ON THE DP053022 SITE
PCS are listed on Table 1. The Antennas Three panel antennas are proposed, which are to
following is a summary of the plans be stealthed by mounting to a top hat, have the
submitted. following dimensions: 4 ft. 3 in. (long)x 10.3 in.
(wide)x 5%in. (deep). The top hat will increase
the height of the latticework tower from 118 ft.
Figure 6, Enlarge Site Plan, tall to 124 ft. tall.
indicates setbacks achieved by the Equipment The equipment lease area is within the 4 legs of
tower that is the site of the Cabinets the PG&E tower. The equipment lease area is 10
ft.x 14 ft., and enclosed by a 6 ft. tall wood fence.
proposed MetroPCS project. There are two proposed(and one future)
Specifically, from the nearest cabinets within the lease area. The cabinets are 6
residence the proposed antennas ft. 3 in. (high)x 3 ft. (wide)x 2 ft. 8 in. (deep).
achieve a setback estimated to be Power& Telco An underground cable run is proposed to extend
from the equipment area to existing utility boxes
99 feet. This illustration shows the near the Eagle Nest Place boundary of the parcel.
175-foot-wide PG&E easement, Landscape The applicant has indicated a willingness to plant
along with the towers and high Plantings trees and/or shrubs on the perimeter of the PG&E
voltage lines. The tower that is the tower.
project site is on an east-facing
hillside. The ridge crest is shown
in Figure 6, along with topographic contours. The elevations on the hillside range from
approximately +896 feet to +941 feet (total relief 45 feet). Natural slopes of 20-25
percent are representative of the hillside area. This figure also shows a grass area behind
the Eagle Nest Place sidewalk, with a hedge at the west boundary of turfed area; and
existing utility vaults.
Figure 7, Site Plan, shows the proposed underground utility trench that will connect the
MetroPCS lease area(under the southeast portion of the tower)with existing utility boxes
on the west side of Eagle Nest Place. It also shows (diagrammatically) 16 plants (trees
and shrubs)on the north, east and south flanks of the tower. Due to terrain features(i.e.,
ridge crest), the equipment area is not visible from off-site locations to the west of the
tower.
Figure 8, Equipment Plan, indicates the lease area. The legs of the latticework tower
spacing of 27 feet 9 inches, so the area under the four legs of the tower are approximately
770 square feet. The proposed Metro PCS lease area is 10 feet x 14 feet (140 square
feet), located in the southeast portion of the area within the four legs of the tower. This
figure indicates two proposed equipment cabinets (shaded area) are to be mounted to a
concrete pad,along with utility boxes. Figure 8 also shows a proposed future equipment
cabinet within the equipment lease area. An underground conduit will extend from the
equipment lease area to the southwest leg of the tower. The coaxial cable will be
attached to this leg and extend to the "top hat", flush-mounted to the leg and painted to
match the color of the tower.
S-5
Figure 9 (top) is an east-west cross-section view of the equipment area. This elevation
indicates a cut slope with a gradient of 1.4:1 (H:V)to west(left) of the equipment area;
and a fill slope that is 1-2 feet high, and with a gradient of 1:l (H:V)to east(right)of the
equipment area. Ghosted in are proposed landscape trees that are shown to be
approximately 12 feet tall. Figure 9 (bottom) is a west elevation. The 6-foot-tall solid
wood fence will enclose all but the top 3 inches on the cabinets. Trees will be planted in
the foreground to screen/soften views of the fenced equipment area. Figure 10, South
Elevation, shows the profile on the existing PG&E tower, along with the planned
improvements of MetroPCS.
To illustrate the visual effect of the project, MetroPCS has provided two
photosimulations,which are presented in Figures I 1 and 12. Figure 1 I is a view looking
north at the site from a location on Eagle Nest Place that is within the PG&E easement.
Figure 12 is a view looking northwest at the site from a vantage point on Eagle Nest
Place. In both of these views the effect of the proposed improvements of MetroPCS is
negligible.
VI. AGENCY COMMENTS
A. Building Inspection Department. In a memorandum dated April 25, 2005, the
Department indicates that equipment anchorage and foundation design is to
comply with the 2001 California Building Code. The project engineer is to
submit stamped P.E. calculations. Furthermore, plans showing details of
anchorage and foundations required for building permits.
B. Health Services Department. In a memorandum dated May 3, 2005, the
Environmental Health Division indicates that it has no comments on the
application.
C. San Ramon Valley Fire Protection District. In a memorandum dated April 20,
2005, the FPD indicates it has no comments on the application.
E. Blackhawk Homeowners Association. No 30-day comments were provided by
this organization.
VII. AGENCY POLICIES AND STANDARDS
A. Federal Communication Commission (FCC): This agency has adopted radio
frequency protection standards, which establish "safety levels with respect to
human exposure to radio frequency electromagnetic fields." These standards are
jointly published by the American National Standards Institute and the Institute of
Electrical and Electronics Engineers, ANSI/IEEE [Standards C95.1-1992]. The
S-6
standards prescribe limits for continuous exposure to radio frequency ("RF")
energy at 1,850 MHz,the lowest frequency assigned for WTS use. The standard
is 6.16 mW/cm2 (milliwatts per square centimeter) for occupational exposure
situations; and 1.23 mW/cm2 for public exposure situations. Table 2 presents an
explanation of FCC Guidelines.
B. Federal Aviation Authority(FAA): This agency regulates the height of structures
near airports and towers 200 feet high (or more) that could pose a navigation
hazard to pilots. The relatively small top hat proposed by MetroPCS increases the
tower height to 124 feet. Consequently, approval of the proposed height is not
required by the FAA.
Table 2
DESCRIPTION OF FCC EXPOSURE ENVIRONMENTS
The FCC guidelines incorporate two separate tiers of exposure limits that are dependent on the situation in which the exposure takes
place and/or the status of the individuals who are subject to exposure. The decision as to which tier applies in a given situation
should be based on the application of the following definitions:
Occupationallcontrolled exposure limits apply to situations in which persons are exposed as a consequence of their employment and
in which those persons who are exposed have been made fully aware of the potential for exposure and can exercise control over their
exposure. Occupational/controlled exposure limits also apply where exposure is of a transient nature as a result of incidental passage
through a location where exposure levels may be above general population/uncontrolled limits(see below),as long as the exposed
person has been made fully aware of the potential for exposure and can exercise control over his or her exposure by leaving the area
or by some other appropriate means.
General population uncontrolled exposure limits apply to situations in which the general public may be exposed or in which persons
who are exposed as a consequence of their employment may not be made fully aware of the potential for exposure or cannot exercise
control over their exposure. Therefore, members of the general public always fall under this category when exposure is not
employment-related.
For purposes of apply these definitions,awareness of the potential for RF exposure in a workplace or similar environment can be
provided through specific training as part of a RF safety program. Warning signs and labels can also be used to establish such
awareness as long as they provide information,in a prominent manner,on risk of potential exposure and instructions on methods to
minimize such exposure risk.For example,a sign warning of RF exposure risk and indicating that individuals should not remain in
the area for more than a certain period of time could be acceptable.
Another important point to remember concerning the FCC's exposure guidelines is that they constitute exposure limits(not emission
limits)and they are relevant only to locations that are accessible to workers or members of the public. Such access an be restricted or
controlled by appropriate means such as the use of fences, warning signs, etc., as noted above. For the case of
occupational/controlled exposure,procedures can be instituted for working in the vicinity of RF sources that will prevent exposures
in excess of the guidelines.An example of such procedures would be restricting the time an individual could be near an RF source or
requiring that work on or near the source be performed while the transmitter is turned off or while power is appropriately reduced.
C. Contra Costa County Communications Tower Policy Guidelines: The County has
adopted policies that establish guidelines to regulate placement and design of
commercial wireless communication facilities. This policy provides
administrative direction by staff by indicating factors to be considered in
reviewing a land use permit and/or development plan application for a
commercial wireless communications facility. The project falls under the
authority of these policies.
S-7
VIII. STAFF CONSIDERATIONS
A. Appropriateness of Use: The site is within the Blackhawk Country Club, an area
zoned P-1. Land uses include a PG&E high voltage transmission line,executive-
type residences, open space parcels, two 18-hole golf courses and a club house.
There are three existing telecommunication facilities located nearby (at the
terminus of Eagle Ridge Lane). The MetroPCS project consists of three panel
antennas that will be mounted as a top hat on an existing PG&E latticework
tower, along with a 140-square-foot equipment area(located within the four legs
of the tower) and undergrounded utility connections to utility boxes that are on
the parcel.
B. Alternative Sites: Radio tests were performed by MetroPCS to identify candidate
sites for a wireless telecommunication facility that would provide a more reliable
signal in the project area. This site was selected because it provides coverage of
the desired area and is "co-located" with another utility-related facility.
C. Compatibility with RegulatoryPrograms: The 1998 County Telecommunications
Policies provide guidelines and policies intended to minimize adverse
environmental effects and ensure that the facilities are maintained and operated in
such a manner that they do not compromise safety or pose land use problems.The
project will be reviewed administratively every 3 years for adherence to the
Conditions of Approval. The removal of all structures will be required at the
cessation of the use of this site as a telecommunications facility.
D. General Plan/Zoning Compliance: Commercial radio and television receiving and
transmitting facilities, not including broadcasting studios or business offices, are
allowable in the P-1 zoning district with a modification to the final development
plan. This request is consistent with the General Plan designation of the site(PR).
E. Agency Comments: The only comments that called for restrictions were those of
the Building Inspection Department. Their comments,which address compliance
with building codes, have been incorporated into the Advisory Notes.
F. Conclusions. Views of the site are dominated by the existing PG&E towers and
their associated high voltage lines. The MetroPCS antennas will be"stealthed"by
integrating the three proposed antennas into a top hat whose structure and paint
color matches the existing tower; locating the equipment cabinets within the four
legs of the tower; enclosing the equipment with a 6-foot-tall wood fence, and
installing irrigated landscape plants to screen views of the equipment area from
nearby vantage points.
Appendix C
EXHIBITS CHARACTERIZING SITE AND PROJECT
Figure 1 DP053022 General Plan
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accept the County of Contra Costa disclaimer of liability for geographic information.
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