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Conduct a noticed public hearing to consider Use Permit U-23-04 by Vertical Bridge to construct and operate a new wireless communications facility consisting of a 95-foot tall monopole within a 40 x 40 sq. ft. lease area located at 4448 Holland Road, 7 miles northeast of the City of Rio Vista, within the Exclusive Agriculture "A-80" zoning district, APN 0042-200-330. 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-23-04; and
2. Adopt a resolution approving U-23-04 subject to the findings and conditions of approval contained in Attachment A.
SUMMARY:
I. EXECUTIVE SUMMARY:
Vertical Bridge is pursuing a use permit to construct and operate a new wireless communications facility consisting primarily of a 95-foot-tall monopole and associated equipment within a 1,600 square foot lease area on property located along Holland Road in unincorporated Solano County.
Pursuant to Section 28.81(E)(2)(a) of the County Zoning Regulations, Planning Commission approval is required for new facilities which are not co-located or grouped.
II. OBJECTIVE:
The proposed facility meets T-Mobile’s coverage objectives within a geographic area not adequately served by T-Mobile’s network. Specifically, the proposed facility is intended to provide in-building service coverage to the agricultural operations, Arrowhead Marina, and rural residential properties within the general vicinity. The facility will also improve in-vehicle/outdoor coverage along State Highway 84 and the surrounding vicinity, including for maritime and recreational users of the Sacramento River Deep Water Ship Channel and the surrounding sloughs, including Miner Slough, Prospect Slough, and Duck Slough. This coverage objective was determined through a combine analysis of customer complaints, service requests, and radio frequency engineering design. This facility will allow T-Mobile to provide more reliable wireless service with fewer dropped calls, improved call quality, and improved access to additional wireless services that the public now demands, which includes emergency 911 calls throughout the area.
III. LOCATION:
The project is located within the easternmost portion of Solano County, just north of Ryer Island, and near the intersection of Holland Road and State Route SR-84. As identified by the General Plan, the property is situated within the Ryer Island agricultural region characterized by fertile soils and sparse development.
The subject property is zoned Exclusive Agriculture “A-80” and is predominantly utilized for field crop agricultural production. The property is undeveloped with the exception of a dilapidated residence along the southern property line. Access to the site is provided via private driveway off Holland Road. The existing 10-foot wide gravel access will be widened to 20-feet for emergency vehicle access.
IV. PROJECT DESCRIPTION:
The proposal includes a 95-foot tall co-locatable monopole wireless communication facility painted “hunter green” to blend with surrounding vegetation. Associated equipment includes (10) 8’ antennas, (12) remote radio units “RRUs”, (1) 3’ microwave dish, (1) GPS antenna, along with cabling, utility cabinets, and meters within the 40’ x 40’ fenced lease area.
The proposed construction is located in a Special Flood Hazard Zone AE (EL. 13 feet) as determined by the FEMA Flood Insurance Rate Map. The equipment is subject to elevation restrictions defined by zone AE. Therefore, the top of slab must be elevated at least 1’ above the base flood elevation of 13 feet (13’ + 1’ = 14’). All equipment will be atop a raised platform due to flood zone elevation requirements. Chain link fencing with brown wood slats will enclose the equipment area.
Existing access to Holland Road will be widened and enhanced via grading and encroachment permit processes to ensure adequate vehicular access to the site. The proposed 10’ wide vertical bridge non-exclusive utility easement will facilitate electrical service from an existing utility pole to the facility. The unmanned facility does not require additional utilities or infrastructure. The site is typically serviced once per month by a maintenance technician.
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-80” zoning district. This district requires issuance of a use permit to authorize new wireless communications facilities subject to conditional approval by the Planning Commission.
Wireless facilities are required to be of the minimum functional height, with additional provisions for co-location. Facilities sited outside of ¾ miles of designated scenic corridor are limited to 65 feet in height. A bonus of 20 additional feet up to a maximum height of 105 feet is permissible, for operators collocating on a single tower.
The project is not located within ¾ miles of a scenic corridor and has been designed to be of the minimum functional height for T-Mobile to meet its technical service object. The proposal is designed to accommodate two future co-locators in addition to T-Mobile, promoting efficient use of the infrastructure and minimizing the need for additional future towers in the vicinity.
As designed, the proposal is consistent with zoning regulations pertaining to new wireless communication facilities sited outside of a designated scenic corridor and is consistent with the 105-foot maximum height limitation for new, co-locatable facilities.
Alternatives Analysis
Per Section 28.81(F) of the Zoning Regulations, an Alternatives Analysis has been provided as required for any facility requiring a use permit before the Planning Commission. The Alternatives Analysis considers 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 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 F) which identifies four alternative sites within a two-mile search radius representing the area in which a deficit in coverage was detected. All four of the alternative sites considered were ultimately rendered not feasible due to a lack of response by the property owners, whereas the proposed project site provided:
• Property owner permission
• Sufficient area for the facility
• Sufficient height and setbacks for the facility
Design Consistency with the Surrounding Environment
The environment surrounding the proposed facility is a rural agrarian landscape characterized by flat, open agricultural land, waterways, rural residences, and single-story accessory structures such as outbuildings, barns, and Arrowhead Marina just west of the subject site.
The “hunter green” monopole has been sited and designed to blend with the existing environment to the maximum extent feasible. The facility would be located behind a stand of existing trees, the most predominant feature in the immediate area. These trees serve as a natural screening element to help partially screen the proposed facility from view, particularly when viewed from Holland Road.
A painted monopole design is recommended due to the flat, rural agricultural nature of the vicinity and the lack of dense, tall vegetation or other vertical structures to act as a substantial backdrop for a stealth facility. Due to a lack of any predominant vertical structures in the vicinity, the painted monopole contains less mass than the two additional options proposed below and helps preserve the existing agrarian aesthetic.
Section 28.21 of the Zoning Regulations encourages the use of stealth designs. To that end, the applicant has proposed two additional stealth design options for consideration by the Commission. In addition to the preferred “hunter green” painted monopole, the applicant has submitted stealth design options, including:
1) A faux eucalyptus tree; and
2) A faux windmill tower
These additional options are proposed to blend with the surrounding rural agricultural character of the vicinity. The faux eucalyptus tree is 95-feet tall, and the faux windmill tower is 102-feet tall to accommodate the windmill fan. Photo simulations for the three design options are provided in Attachment G.
Radio-Frequency Exposure Review
Per Section 28.81(H) of the Zoning Regulations, a Radio Frequency “RF” Environmental Evaluation Report was 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 G) prepared by EnviroBusiness, Inc. (EBI) Consulting to determine RF-EME exposure levels from proposed T-Mobile 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 T-Mobile’s equipment in the area that exceed the FCC’s occupational and/or general public exposure limits at this site. The predicted exposures are identified at the ground level in the horizontal transmission path of the antennas. Only those accessing this ground level or those elevated to this plane will encounter the exposures identified above.
In conclusion, signage is not required, and the site is compliant with FCC rules and regulations.
C. Airport Land Use Compatibility
As seen in the Travis AFB Land Use Compatibility Plan, the project is located within Compatibility Zone “E” which prohibits hazards to flight warranting ALUC review for objects taller than 200 feet above ground level (AGL). At 95 feet AGL this project is consistent with the ALUC and does warrant further review.
D. 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 1,600 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.
E. Good Neighbor Outreach Policy
On April 9, 2024, the Board of Supervisors, adopted a Good Neighbor Policy that encourages project proponents engage with the community to increase transparency and public dialogue prior to the formal public hearing process.
The use permit for the proposed facility was initially filed in 2023 and deemed complete prior to the adoption of this policy. Given the timing of policy implementation and the remote, agricultural setting (3-4 residences within one-mile of the project site), outreach was not pursued by the applicant prior to the mandatory public hearing noticing for the project.
F. Tolling Agreement
Pursuant to Federal Communications Commission review timeline established in 47 CFR § 1.6003(c)(iv) “Shot Clock”, the applicant and the County have entered into a tolling agreement agreeing to an extension of reasonable time for review and processing this use permit application. This agreement was made in part due to the fact that the applicant had previously requested additional time to revise its initial submittal and provide updated application materials. The current tolling agreement is in place through November 26, 2024 (Attachment I).
G. Public Notice
Consistent with Sections 28.106 and 28.04 of the Solano County Code, a public hearing notice was published in the Daily Republic at least 15 days prior to the public hearing (Attachment J). In addition, all property owner’s within ½ mile of the project site received written public notice.
H. Agency Review
As part of the Department of Resource Management development review process, the application materials have been reviewed by various County Departments, as well as Local and Regional agencies. The following entities may have jurisdiction over the project and comment received have been incorporated as conditions of approval.
Local Agencies
Montezuma Fire Protection District
Regional, State, and Private Agencies
Delta Protection Commission
Pacific Gas and Electric
RECOMMENDATION:
After conduct of the public hearing, staff recommends that the Planning Commission approve Use Permit application U-23-04 by Vertical Bridge to establish a wireless communications facility at 4448 Holland Road.
ALTERNATIVES:
The Planning Commission, upon completion of a public hearing on this matter, may choose to:
1. Continue the public hearing to allow for the collection of additional information required to render a decision. If continued, the Commission would establish the date to continue the hearing; or
2. Deny the Rezoning and Use Permit. This is not recommended because the mandatory findings have been made for the Rezoning and Use Permit and the project is consistent with the applicable General Plan land use designation, Suisun Valley Strategic Plan and land use regulations as conditioned.
ATTACHMENTS:
A - Draft Resolution & Conditions of Approval
B - APN Map
C - Vicinity Map
D - Coverage Objective and Maps
E - Development Plans
F - Alternatives Analysis
G - Photo Simulations
H - Radio-frequency Evaluation Report
I - Tolling Agreement
J - Public Notice