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Conduct a noticed public hearing to consider Use Permit U-24-01 by AT&T to establish and operate a Wireless Telecommunication Facility consisting of a 154’ tall monopole within a 25 x 45 sq. ft. lease area located at 5277 Hawkins Road, approximately 1 mile east of Vacaville, within the Exclusive Agriculture “A-40” zoning district, APN 0134-300-010. The project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures
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Public Hearing Required? Yes _X___ No __ _
Public Notice Required? Yes _X___ No __ _
DEPARTMENTAL RECOMMENDATION:
The Department of Resource Management recommends that the Planning Commission:
1. Conduct a noticed public hearing to consider Use Permit U-24-01; and
2. Adopt a resolution approving U-24-01 subject to the findings and conditions of approval contained in Attachment A.
SUMMARY:
I. EXECUTIVE SUMMARY:
AT&T is pursuing a use permit to construct and operate a new wireless telecommunications facility (WTF) consisting primarily of a 154-foot-tall monopole and associated equipment within a 1,125 square foot lease area on property located along Hawkins Road in unincorporated Solano County.
Pursuant to Section 28.81(D)(5)(e) and Section 28.81(E)(2)(a) of the County Zoning Regulations, Planning Commission approval is required for a WTF operator that wishes to apply for an exception to height limitations (65 feet) and/or are not co-located or grouped.
II. OBJECTIVE:
AT&T is seeking to improve coverage and capacity within the vicinity of the proposed facility. This project would serve to fill a service gap in LTE coverage for AT&T’s customers in Vacaville along with improved 4G and 5G services. This project will also designate a spectrum (Band 14) to enhance and secure communications for subscribed first responder agencies across jurisdictions.
The project also proposes to expand capacity in the vicinity of the project site (Attachment C). After running a coverage simulation at the site location and proposed height, AT&T is anticipating filling their coverage gap with an improvement to their network and for their customers.
Background
In 2021, AT&T pursued a Use Permit (U-21-02) for a new 86-foot-tall faux pine tree facility at 5078 Maple Road, Vacaville in the Rural Residential subdivision of Locke Paddon unincorporated Solano County. That proposed site was located approximately 1.2 miles from AT&T’s new proposed site at 5277 Hawkins Road for U-24-01.
AT&T’s application U-21-02 ultimately got denied by the County. On August 18, 2022 the Planning Commission held a public hearing to consider the U-21-02. The Planning Commission heard public testimony from the applicant as well as five members of the public who opposed to the project. The Planning Commission also considered written communications/e-mails submitted by the public in opposition to the project prior to the hearing.
After due consideration of all written materials and testimony, the Commission voted 3-1 to deny the Use Permit (Planning Commission Resolution No. 4710). An appeal of this decision was filed by the applicant with the Clerk of the Board on August 29, 2022.
The application was then heard by the Board of Supervisors (Board) December 6, 2022. The Board heard public testimony from the applicant as well as seven members of the public opposed to the project. Written communications/e-mails submitted by the public in opposition to the project were received by staff prior to the hearing and provided to the Board for consideration. On motion of Supervisor Mashburn, seconded by Chair Vasquez, the Board adopted Resolution No. 2022-259, affirming the Planning Commission’s decision to deny Use Permit Application No. U-21-02. It was ordered by 5-0 vote.
In denying Use Permit Application No. U-21-02, the Board made the following findings about the proposal:
1. The applicant’s Alternatives Analysis does not comply with the requirements of Section 28.81 in that is provides only conclusory statements that alternative sites within the City of Vacaville or within non-residential zoning districts within the unincorporated area are unavailable but does not explain its conclusions.
2. The facility, although camouflaged as a faux tree rather than a bare tower, does not blend in with its existing environment and will have significant visual impacts. No other trees of similar height are present on residentially zoned property within the immediate vicinity of the proposed facility.
3. The applicant has demonstrated there is need for a wireless communication facility to serve the customers in this area.
AT&T filed U-24-01 to fill the previously identified service gap in a new proposed location and address the concerns previously expressed.
III. LOCATION:
The current Project is located one mile east of the City of Vacaville and two miles south of I-80. As identified by the General Plan, the property is situated within the Elmira and Maine Prairie agricultural region characterized by field crops. A vicinity map is included as Attachment C indicating agricultural production as the predominant land use surrounding the subject site.
The subject property is zoned Exclusive Agriculture “A-40” and is predominantly utilized for field crop production. The 35.60-acre parcel is developed with one residence and two barns located along Hawkins Road near the southeast corner of the property. The proposed WTF would be situated within the developed footprint of the parcel, outside areas of the property devoted to crop production. The facility will be accessed via 15’ wide non-exclusive access & utility easement through a 12-foot wide all-weather private gravel access road off Hawkins Road.
IV. PROJECT DESCRIPTION:
In addition to the proposed 154-foot tall monopole, the Project includes (12) antennas, (9) radio units, (3) surge suppressors along with cabling, utility cabinets, and meters within the 25’ x 45’ fenced lease area. Water and sewer service are unnecessary, and the facility will be unmanned. The site will be serviced approximately once per month by a maintenance technician. There will be minimal noise from the standby generator, turning on once a week for 15 minutes for routine maintenance purposes limited to Monday through Friday between 8:00am and 5:00pm and during emergency power outages.
V. ANALYSIS:
A. General Plan Consistency:
The project is proposed on land designated Agriculture by the Solano County General Plan (Figure LU-1 Land Use Diagram). The Project as designed and conditioned is consistent with General Plan goals and policies including, but not limited to, those related to public safety and emergency response, protection of scenic resources, and land use development.
B. Zoning Consistency:
The subject property is located within the Exclusive Agriculture “A-40” zoning district. This district requires issuance of a Use Permit to authorize new wireless telecommunications facilities subject to conditional approval by the Planning Commission. The proposed project complies with all applicable zoning requirements with the incorporation of conditions of approval.
C. Airport Land Use Compatibility:
As seen in the Travis AFB Land Use Compatibility Plan, the project is located within Compatibility Zone “D” which prohibits hazards to flight warranting ALUC review for objects taller than 200 feet above ground level (AGL). At 154 feet AGL this project is consistent with the ALUC and does not warrant further review.
D. Williamson Act Consistency:
The subject property is currently under Williamson Act contract number 594. In 2017, nonrenewal of the contract was filed. Staff reviewed the compatibility of the site in relation to the Solano County Uniform Rules and Procedures Governing Agricultural Preserves and Land Conservation Contracts.
A wireless cellular facility on prime agricultural land can be considered compatible under specific criteria set by the principles of compatibility for non-agricultural uses on contracted lands. The proposed WTF lease occupies 1,125 SQ FT, thus is unlikely to compromise the long-term agricultural productivity of 35.60-acre parcel. The site will not displace or impair agricultural operations, as the proposed location is sited within the developed footprint of the property.
WTF are a passive use that does not increase the permanent human population on the property. The WTF supports communication and does not promote residential or commercial development nor does it encourage the premature conversion of agricultural land to non-agricultural uses.
As seen on Table A of the Solano County Uniform Rules and Procedures Governing Agricultural Preserves and Land Conservation Contracts, the WTF is compatible with the existing Williamson Act Contract as well as existing farming operations within the vicinity of the Project site.
E. Alternatives Analysis:
Per Section 28.81(F) of the Zoning Regulations, an Alternatives Analysis shall be provided for any facility requiring a Use Permit before the Planning Commission. The Alternatives Analysis shall consider alternative locations and designs for the proposed facility, including those alternative sites which would not require a Use Permit. At a minimum, alternatives included in the analysis shall include:
1. Co-location at all existing wireless communications facilities whether in the unincorporated County, a city, or an adjacent county;
2. Lower, more closely spaced wireless communications facilities; and
3. Mounting on any existing non-residential structure within 2-mile of the proposed facility in unincorporated Solano County.
The Project proponent has provided an Alternatives Analysis (Attachment G) which identifies 24 alternative sites within a two-mile search radius representing the area in which a deficit in coverage was detected. The search radius is determined through AT&T radio frequency engineers to best alleviate traffic on existing AT&T WTFs. An additional 15 properties were ruled out as they were previously investigated for the denied project U-21-02. All 24 of the alternative sites considered were ultimately rendered not feasible due to a lack of response by the property owners, proximity to Highway 80, or proximity to other cellular towers. The proposed project site was selected as the least intrusive viable site location that would fill AT&T’s gap in coverage based on:
• Property owner permission
• Sufficient area for the facility
• Sufficient height and setbacks for the facility
• Distance from residential areas
F. Radio-Frequency Exposure Review:
Per Section 28.81(H) of the Zoning Regulations, a Radio Frequency “RF” Environmental Evaluation Report shall be provided which demonstrates that RF emissions from the facility in combination with existing RF emissions from nearby facilities will meet the current FCC adopted exposure standard.
The project proponent has provided a radio frequency - electromagnetic energy (RF-EME) compliance report (Attachment H) prepared by EnviroBusiness, Inc. (EBI) Consulting to determine RF-EME exposure levels from proposed AT&T wireless communications equipment at this site. As described in the RF report, the Federal Communications Commission (FCC) has developed Maximum Permissible Exposure (MPE) Limits for general public exposures and occupational exposures.
In summary, based on worst-case predictive modeling, there are no modeled exposures on any accessible ground level-walking/working surface related to AT&T’s equipment in the area that exceed the FCC’s occupational and/or general public exposure limits at this site. Antennas are constructed to concentrate energy towards the horizon, with as little energy as possible scattered towards the ground or the sky. This design, combined with the low power of PCS facilities, generally results in no possibility for exposure to approach Maximum Permissible Exposure (MPE) levels, with the exception of areas directly in front of the antennas.
All workers and individuals accessing the monopole or persons (including arborists), accessing elevated structures or trees within areas exceeding the general public MPE, must be made aware of the presence and locations of antennas and their associated fields, where applicable. It is recommended that access to the monopole or areas associated with the active antenna installation be restricted and secured where possible. Signage is also recommended, which would make the site compliant with FCC rules and regulations and AT&T’s corporate RF safety policies.
G. Environmental Determination:
The Department of Resource Management is recommending that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures. This exemption consists of construction and location of limited numbers of new, small facilities or structures, and installation of small new equipment and facilities in small structures. The guidelines state examples including, but not limited to, utility extensions and appurtenant structures.
The project consists of a new cellular tower and associated equipment, contained within a 1,125 square foot lease area. There is no evidence in the record that the project would result in substantial, or potentially substantial, adverse environmental changes to any of the physical conditions within the area, including land, air, water, minerals, flora, fauna, ambient noise, or objects of historic or aesthetic significance. It has been determined that the project is not in an environmentally sensitive location, is not on a hazardous waste site, will not cause substantial change in the significance of a historical resource, and will not result in damage to scenic resources within a scenic highway. Staff therefore recommends that the project be found categorically exempt from CEQA under CEQA Guidelines Section 15303.
H. Public Notice
Consistent with Section 28.106 and 28.04 of the Solano County Code, a public hearing notice was published in The Reporter at least 15 days prior to the public hearing.
I. Agency Review
As part of the Department of Resource Management development review process, the application materials have been reviewed by various County Departments and any local agencies that may have jurisdiction over the Project. Comments received have been incorporated as conditions of approval.
VI. GOOD NEIGHBOR OUTREACH
On April 9, 2024, the Board of Supervisors, adopted a Good Neighbor Policy that recommends project proponents engage with the community to increase transparency and public dialogue prior to the formal public hearing process. The Planning Services Division strongly recommended that AT&T reach out to property owners within ½ mile of the property in addition to the residents of the Maplewood subdivision in the City of Vacaville. The Maplewood subdivision community submitted various comments regarding the former project U-21-02. The applicant reviewed the previous comments and felt the majority centered on the previously proposed cell tower’s proximity, which was 250 feet away from the community’s clubhouse and homes. This was in addition to community comments that the site would negatively impact the aesthetics of their community and pose health risks. The applicant felt that the new tower location being 1.22 miles away alleviated previous community concerns as the proposed site has additional screening through existing PG&E transmission towers, trees and vegetation.
After Planning Services review, the applicant mailed a Good Neighbor Outreach Letter on 5/10/24 to neighbors within ½ mile of the subject property (Attachment I). This letter contained:
• Project Background and Objective
• Project Site Map with Notice Radius Identified
• Anticipated Construction Schedule
• Proposed Development Plans
• Photo Simulations
• Applicant’s Contact Information
At the time of staff report composure, the applicant reported no inquiries or comments from members of the public.
ATTACHMENTS:
A - Draft Resolution and COA
B - APN Map
C - Vicinity Map
D - Development Plans
E - Cellular Coverage
F - Photo Simulations
G - Alternatives Analysis
G.1 - Alternative Analysis Map
H - Radio-frequency Evaluation Report
I - Good Neighbor Outreach Letter
J - Public Notice