Planning commission approves Verizon cell-tower permit with cleanup condition

The Mendocino County Planning Commission voted to approve a use permit for a 65-foot “monopine” cellular antenna tower proposed by Cellco Partnership (doing business as Verizon Wireless), adopting staff findings and conditions and adding a new condition requiring existing code violations on the parcel be remediated before issuance of a building permit. The motion passed with four commissioners in favor and Chair Babbini dissenting.

Commissioners weighed public-safety and site-maintenance concerns alongside standard technical conditions. Staff planner Keith Groenendyke told the commission that staff recommended a negative declaration under CEQA and recommended approval of U_2024-0004, and read revisions to conditions of approval, including clarified signage language and equipment separation standards. “The wireless communications facility shall comply in all respects with all FCC requirements, including any American National Standards Institute requirements incorporated therein,” Groenendyke read into the record when describing a redline revision to the signage condition.

The permit covers a 65-foot monopine-style tower with four antenna sectors, three antennas per sector. Staff said one condition was revised to allow a 36-inch separation between antennas and mounting structures after the applicant stated the prior 30-inch requirement was infeasible. The commission also added condition language requiring pre- and post-construction assessments of Timberline Road, the private road that serves the site: the applicant must provide an assessment (photos, video and narrative) of the existing road before any building permit; repair any construction-related damage to equal or better condition; and submit a post-construction assessment within two weeks of completing any repairs.

Matthew Moore, authorized agent for Verizon Wireless, described the site’s safety and operational controls. “The tank itself that’s associated with the generator is triple-walled, to prevent any kind of leakages. It is monitored 24/7 off-site by technicians. If anything goes wrong … they can shut the site down remotely, send technicians out immediately,” Moore said, and added the project will go through Mendocino County Fire review during the building-permit process. He also confirmed the company submitted information showing compliance with applicable FCC standards.

Much of the commission’s debate centered on whether the county could or should require remediation of alleged code violations on parts of the parcel not included in the leased tower area. Deputy County Counsel Matthew Kudrowski advised that a condition requiring the applicant (the lessee) to remedy violations beyond the leased area could raise nexus and proportionality concerns because the use permit focuses on the leased, fenced area. Staff noted the county’s Code Enforcement division is complaint-driven and that the planning commission could instead refer the broader property to code enforcement for a separate investigation.

After discussion, the commission adopted an added special condition (listed as condition 29 in the revised resolution) that requires remediation of existing code violations on the property prior to issuance of a building permit. The maker of the motion read the amended resolution into the record and the commission took roll-call votes: Commissioners Pollan, Richards, Jones and Wiedemann voted yes; Chair Babbini voted no. “Motion passes, with Chair Babbini dissenting,” the clerk announced.

What the decision means: with the permit approved, the applicant can proceed to apply for required building permits and county fire review comments must be addressed during that process. The new condition places responsibility on the property owner (or any responsible party) to clear code violations before the county will issue a building permit tied to the tower; staff also retains the option to refer the site to Code Enforcement if complaints are filed.

The commission’s action included several other standard and project-specific conditions of approval, including the revised signage language referencing FCC and ANSI standards, the antenna separation allowance of 36 inches, and the Timberline Road assessment and repair protocol.

Next steps: the applicant proceeds with the county building-permit process and Mendocino County Fire review; the department will verify compliance with the resolution’s conditions before permit issuance.