To: Planning Commission
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
TowerCo Conditional Use Permit
Record No.: PLN-2025-19146
APN: 403-081-013
Eureka area
A Conditional Use Permit for the construction of a telecommunications and public utility facility, consisting of a 150-foot-tall monopole with new Verizon wireless antennas and antenna equipment, including various equipment cabinets housing various utilities and a 30kW diesel generator within a 45'x45' fenced lease area. No water or sewer service required. This will be an unmanned facility and engineered for three additional wireless carriers. The property is currently developed with a single-family residence and other accessory structures.
end
RECOMMENDATION(S):
Recommendation
That the Planning Commission:
1. Adopt the resolution (Resolution 25-__), (Attachment 1) which does the following:
a. Finds the Planning Commission has determined that the project is exempt from environmental review pursuant to Section 15303(c) of the State CEQA Guidelines and agrees with the lead agency’s findings; and
b. Makes all of the required findings for approval of the Conditional Use Permit; and
c. Approves the TowerCo Conditional Use Permit as recommended by staff subject to the conditions of approval (Attachment 1A).
Body
DISCUSSION:
Project Location: The project site is located in the Eureka area, on the southeast side of Misty Hill Lane, approximately 2,100 feet from the intersection of Misty Hill Lane and Pigeon Point Road, on the property known as 250 Misty Hill Lane.
Present General Plan Land Use Designation: RA5-20 - Residential Agriculture, 5-20 acres, Freshwater Community Plan; Density: One dwelling unit per 5-20 acres; Slope Stability: Moderate Instability (2).
Present Zoning: RS-B-5(5) - Residential Suburban with combining zone overlay of Special Building Site (B), 5-acre minimum parcel size
Environmental Review: Project is exempt from CEQA review pursuant to Section 15303(c) - New Construction or Conversion of Small Structures. This project seeks to construct a 150-foot-tall wireless tower and related ground-based equipment compound within an approximately 2,500 square foot lease area.
State Appeal: The project NOT is not located within the Coastal Zone.
Major Issues: None.
Monitoring Required:
None.
Executive Summary
A Conditional Use Permit for the construction of a telecommunications and public utility facility, consisting of a 150-foot-tall monopole with new Verizon wireless antennas and antenna equipment, including various equipment cabinets housing various utilities and a 30kW diesel generator within a 45'x45' fenced lease area. No water or sewer service required. This will be an unmanned facility and engineered for three additional wireless carriers. The property is currently developed with a single-family residence and other accessory structures.
The proposal is part of a joint-venture between TowerCo LLC and Verizon Wireless. TowerCo would hold the master lease on the tower site and Verizon Wireless is expected to be the initial tenant at the site. The tower and lease area will be capable of hosting equipment for up to three additional wireless carriers. The proposed tower site is accessible via a private road, Misty Hill Lane. The applicant is proposing to construct a graveled 12-foot access road from Misty Hill Lane to the lease area which is also located adjacent to a wide public utility easement. Trenching will be required to extend power to the lease area from the nearest utility pole, and all underground work is conditioned to meet the requirements set forth in the referral comments provided by Humboldt Community Services District, which has existing utility lines in the area.
Coverage
The coverage objective was substantiated by empirical network call quality data, as well as feedback from Verizon Wireless customers, local businesses, and travelers in the area. The applicant provided radio frequency analyses and numerous maps of existing service areas and the targeted improvements from the proposed new tower (and alternatives). The primary beneficiaries of this proposed tower include residential, commercial, retail, and recreational uses in the surrounding communities of Myrtletown, Freshwater, and Bracut. Additionally, this facility will enhance and provide new service coverage along Highway 101, Myrtle Avenue, and Freshwater Road, extending southward past Freshwater Park near Kneeland Road. This includes the homes located near Misty Hills Lane and Wood Gulch Avenue, as well as the intersection of Myrtletown Road and Freshwater Road.
Visual Impacts
A perimeter fence around the lease area will help obscure the facility equipment and generator from the nearby residence and adjacent properties, and the tower itself will be amongst trees of mostly similar height to the tower. While the top of the tower will be visible from portions of Freshwater Road and Myrtle Avenue, it will not be visible from Highway 101 nor from Misty Hills Lane or Pigeon Point Road. The tower site is located on an eastward facing downslope, roughly ¾ mile west of Freshwater Road. With some visibility of the tower inevitable, an alternative was explored, namely using a monopine (faux tree) design instead of a monopole. A faux tree would likely blend into the surrounding canopy better than a monopole design, however it would need to be roughly 15 feet higher in order to accommodate the top portion of the faux tree, making it stand out even more than the proposed monopole.
Height
The height limit for this Residential Suburban zone is 35 feet but exceptions to the height limit in any zone may be granted with a Special Permit. The exception can be authorized under the Use Permit, as provided for under the concurrent permitting provisions found in 312-3.3 of the zoning code. The proposed tower seeks to exceed the height limit by 115 feet, necessary to allow for consistent and reliable service and ensure opportunity for co-location opportunities by other carriers. Per the applicant, “Given the heavily varied terrain in this part of the county, with having trees in height from 125’-160’, having sufficient elevation is crucial to avoid the need for multiple towers at lower elevations to achieve the same coverage. More towers in the lower elevations would be more visually intrusive.”
Noise
The equipment cabinets will exceed required noise standards on residential parcels (50 dB or ambient). The project applicant is requesting an exemption to this standard given its orientation and distance from nearby residences. Proposed operations depict noise levels at or near 60dB, but perimeter and interior fencing will be installed to provide a noise barrier, as well as attenuation from distance will reduce the noise levels to a maximum of 49 dB at the nearest residence. A backup generator will also be installed and subject to compliance with noise standards. The nearest residence is roughly 110 feet from the proposed facility, but the owner of this residence is the property owner entering into the lease agreement and has agreed to the proposed noise levels. The next closest residence is on an adjacent parcel and roughly 380 feet away. Estimated noise levels at this residence will be 39dB, well within the acceptable range.
Hazards
The project site is in the SRA, within the Humboldt Bay Fire Protection District, and has a moderate Fire Hazard Severity Zone rating. The site development plan highlights three defensible zone areas, each depicting specific treatments to reduce the collection of potential fuels, including routine maintenance (pruning/removal) of grasses, shrubs and trees, using gravel, pavers or concrete instead of combustible mulch, clearing garbage, recycling and other combustible materials from the site, and ensuring there is adequate space between pieces of equipment. A letter from CAL FIRE indicating that the facility meets applicable State requirements, as well as a fire prevention plan approved by CAL FIRE, are conditioned in Attachment 1A.
Sensitive Resources
CDFW conducted a site visit and concluded that the minimal number of trees to be removed for tower construction and defensible space would not have a significant impact. CDFW also noted the presence of Northern Spotted Owls within the vicinity (roughly 1.1 miles away) and recommended conducting tree removal and other noise-generating construction activities outside of the NSO breeding season and migratory bird breeding season (February 1 through roughly mid-August). The routine operational noise from tower equipment was not expected to rise to the level of disturbance for NSO as it will quickly attenuate with distance to ambient level. Additionally, the Dark Sky lighting requirements, as conditioned in Attachment 1A, are acceptable to CDFW.
The project can be found categorically exempt from further CEQA review pursuant to the Class 3 exemption (15303(c) of the CEQA Guidelines) which covers new small facilities or structures including the construction of commercial buildings not exceeding 2,500 square feet.
OTHER AGENCY INVOLVEMENT:
The project was referred to responsible agencies and all responding agencies have either responded with no comment or recommended approval or conditional approval. (Attachment 3)
RECOMMENDATIONS:
Based on a review of Planning Division reference sources and comments from all involved referral agencies, Planning staff concludes that the applicant has submitted evidence in support of making all of the required findings for approval of the Conditional Use Permit. Staff recommends that the Planning Commission find the project exempt from further environmental review pursuant to Section 15303(c) of the State CEQA Guidelines, as there is no substantial evidence that the project will have a significant effect on the environment.
ALTERNATIVES TO STAFF RECOMMENDATIONS:
The Planning Commission could elect to add or delete conditions of approval. The Planning Commission could deny the permit request if unable to make all of the required findings. Staff has prepared Conditions of Approval for the project and concluded that with them the required findings in support of the proposal can be made. Consequently, staff does not recommend further consideration of these alternatives.
ATTACHMENTS:
1. Draft Resolution
A. Conditions of Approval
B. Site Plans
C. Location Map
2. Applicant’s Evidence in Support of the Required Findings
A. Project Support Statement and Narrative
B. Coverage Maps and Justification
C. Alternative Sites Analysis
D. Photo-simulations
E. Acoustical Study
F. Radio Frequency Report
3. Referral Agency Comments and Recommendations
Applicant
Complete Wireless Consulting
c/o Steve Proo
2009 V Street
Sacramento, CA 95818
Owner
Ronald and Sarah Biasca
250 Misty Hill Lane
Eureka, CA 95503
Agent
n/a
Please contact Steven Lazar, Senior Planner, at slazar@co.humboldt.ca.us <mailto:slazar@co.humboldt.ca.us> or (707) 268-3741 if you have questions about this item.