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HomeMy WebLinkAboutMUP 05-05s PROJECT SUMMARY SKEET FILE NO.: MUP 05-05 PROJECT TYPE: Minor Use Permit APN: 043-200-005 APPLICANT: Cingular Wireless ADDRESS: 1298 Nord Ave, Chico, CA 95926 PHONE: (916) 390-9086 OWNER: Karasinski, Ken & Ellen ADDRESS: PO Box 3000, Hartford, CT 06150 REPRESENTATIVE: Peek Site Com ADDRESS: 853 Lincoln Way, Auburn, CA 95603 PROJECT DESCRIPTION: To colocate 12 panel antennas (6 initial/6f itur) at a height of 70.7 feet, along with two future microwave dishes (4' and 2') at, a height of 68 ft. Associated ground equipment will be placed on a 10 ft x 20 ft concrete pad within the extended lease area. LOCATED: On the north side of Highway 32 (Nord Avenue), approximately 1200 feet north of West Sacramento Avenue at 1298 Nord Avenue, Chico. PROPERTY ZONED: C-1 (Light Commercial) GENERAL PLAN DESIGNATION: C (Commercial) TOWN/AREA: Chico 1. 2. 3. 4 5 6 7 8 9 Application accepted: 6/24/2005 Amount: $ 2533.50 Receipt #: 431169 Assigned To: Mark Michelena Comments sent to: Public Works Director, Environmental Health, Assessor, LAFCo, Agricultural Commissioner, CDF, Building Manager, County Counsel Sent to Inter -Departmental Review Committee (IDR): Status Letter sent to applicant: Date scheduled for IDR: 7/13/2005 Comments received from: Rezone Petition Signatures Checked: Mailing List/Lead-in Sheet: 10. Environmental Determination: State Clearinghouse No. Subject to Fish & Game: 11. Staff Report: Project Video: Categorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Environmental Impact Report Gen. Rule Ex. — CEQA # Other 12. Clearinghouse circulation required: Yes No Date Sent to SCH: 13 14 15 16 17 18 19 20 21 22 Publication Notice Written: Display Ad Prepared: . Notices Mailed: Number of Notices: Newspaper Publication Date: O (0 P G B Planning Commission Hearing(s): Action taken: Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: Ordinance No: Adopted: Type Minor Use Permit, send for signature: N.O.E. / N.O.D. / APPENDIX G: Send validated Minor Use Permit: Assessor's Memo: Copy of Minor Use Permit to GIS: Fish & Game Fees Paid: Yes No Apr 04 05 02:32p p.4 DEPARTMENT OF DEVELOPMENT SERVIC %-UurN►r BUTTE COUNTY UNIFORM APPLICATION AP 2 4 2005 DEVELOPMENT APPLICANT: Agent information to be provided is on page 2 SERVICES APPLICANT'S NAME: (If application is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: Cingular Wirolooc /A**... ,.X___j_—_ — , . ADDRESS: STREET, CITY, STATE, & ZIP 1298 Nord Ave., Chico, CA NAME OF PROPOSED PROJECT (If any) TION OF PROJECT (Major cross streets 32 Nord Ave. OWNER'S NAME: ZONE IGENERAL —1 I St EXISTING STRUCTURES (in Square Feet) Approx. 40'x55' lease area if LAND USE ❑ PROPERTY IS OR PROPOSED TO BE SEWERED (� PROPERTY IS OR PROPOSED TO BE ON SEPTIC (_J GENERAL PLAN AMENDMENT ❑ REZONE ❑ USE PERMIT MMINOR USE PERMIT ❑ VARIANCE ❑ MINOR VARIANCE ❑ ADMINISTRATIVE PERMIT ❑ DEVELOPMENT AGREEMENT t CITY, STATE, & ZIP U43 —200 — M 5 FILE NUMBER: (FOR OFFICE USE) TELEPHONE: (916 )390 -9086 tial° fF liFn`.E;,•1'�I_r'11;:.ta`.t,'t1!!i�H :: w'`�i%(i%ir"�ti;?31�`�e�±ta:,tr�::,����•S�,:K�hL�i TELEPHONE: ( 916 )743 -1511 )E: SITE SIZE (in Square Feet or Acres) PROPOSED STRUCTURES (in Square Feet) 12'x20' lease area for equipment (Check One) ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER ❑ PROPERTY IS OR PROPOSED TO BE ON WELL WATER ❑ TENTATIVE SUBDMSION MAP ❑ TENTATIVE PARCEL MAP ❑ WAIVER OF PARCEL MAP ❑ BOUNDARY LINE MODIFICATION ❑ LEGAL LOT DETERMINATION ❑ CERTIFICATE OF MERGER ❑ MINING AND RECLAMATION PLAN ❑ OTHER .._ ._.._........_.,,._..__..,...,.,....:.,,.-:.:�,nKr:mxiw ronirtawe�i��:9S[�r:?�::iiiLd:3:Es'i>)s:�t�!:tiS�!'e`6�t'u'flf:•�t;�:,yro;':r ���.�'tni��?�."t+loaC'Sl:'�rdYikFicn r'RiGSki3i??:! FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division, describe the number and size of parcels.) To attach antennas to an existina mono ole. Associated equipment -to be located to the W� t of the existing monopole. Please see attached "Proposal Justification Statement". II .....- __.:.••....,,...„r..:ucc,mnnuurkarts:.:NN8R�5nRtC ii9G l'�kSt•"L,KS�'%.j;`F.t n`w1�%r'n ,d �iN" i��-:�ro;�i10U�4'�iR'�."iF6�I.�I 'ago. Y ani:.f,,.^ ?, '•yc ^ERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. I-THER, 1 ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND t%CCURATE. (If an agent is to be authorized, execute an affidavit of authorization and include the affidavit with this application.) DATE: SIGNATURE: UPORMSUNIFORM APPLICATION Page 1 of 2 7--j ST -019—N -Chico Cinpdar Wireless BUTTE AGENT AUTHORIZATION COUNTY JUN 2 4 2315 TO; Butte County. Department of Development Services: DESEROPENTPhone Number is hereby autboAwd to prows the application for on my proptrty, identified as Butte County AmessorParte] 1tiNumber, ApW 043 . 200 - _ 005------ This putborindoa allows representation for ali applicatians, hearings, appWS, etc• and to sign all documents nocassary for said processing, but not including docummt(s) relating to record dile intoTmA. Owaer(s) of Record: (tip and print name) Architect and/or Ea aver: `653.: poR OIFFICE USE ONLY Votify. Date Received: Lvlo�- P Numbor(s) wacrs AullboAzadon rojcat Docription Taken bv- _ 4 PW/LD Plea Caymcat of the turready L LL SIP=* Phone Ntc&tr (00 3 Total Amount Received: al Description ng R,aquimments its of plot plan 'Coe', N'. 4�3/ /& �( I. - `11CDF 1,� ^ �� NODS 09 6 3 .31a � Tree wWor Deposit (Any unused POre*h of a posit) will be rtmrncd upo Seal action. ,l - 3 3a as of Cattmt foo for this applicatlot% is _ .. Make check payable to "'Butte County TreASUrer".( p aJ T-2-01 v.voRx"W MMnnsiurna" rxgt2of e Apr 04 05 02:33p p.6 • BUTTE COUNTY JUN 2 4 2005 COUNTY OF BUTTE OEVELOPMENT ENVIRONMENTAL INFORMATION FORM SERVICES (To be completed By Project Applicant) Date Filed9mQS GENERAL INFORMATION: 1. Name and address of owner, and/or developer, and/or project sponsor: 2. Address of project: _1.798 Nord Ava s rhirn Assessor's Parcel Number: 041-200-005 3. Name, address, and telephone number of person to be contacted concerning this project: Meredith Parkin (916) '190-9086 4. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: FAA /FCC/CPTTf 5. Existing general plan designation: 6. Existing zoning district: C-1 7. How is land currently used? 8. Proposed use of site (Project for which this form is filed): To attach antennas to existing monopole. Project Description: 9. Site size: 12' x20' lease area 10. Off-street parking spaces: Full size: n/a Compact: Total: 1 1. Plans attached: Yes X No 12. Proposed development schedule 9/05 13. Associated projects "Hand off" to other telecommunication sites 14. Anticipated incremental or phased development None 0 Butte County Department of Development Services 0 Planning Division ❑ (Acres/Sq. Feet) Apr 04 05 02:33p P•7 BUTTE .COUNTY JUN 7 4 2005 VZJI OPMENT Attach description of project containin the followin �E 9 g information: SERVICES 15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. N/A 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. N/A 17, If industrial, indicate type, estimated employment per shift, and loading facilities. 18. If institutional, indicate the major function, estimat d employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. NA 19. If the project involves a minor variance, conditional u e, rezoning application, or any development permits, state this and indicate clearly why the application is required. if permits have already been issued, please attach as Exhibit N/A Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). 0 Butte County Department of Development Services D Planning Division 0 YES NO 20. Change in existing features of any hills, buttes, canyons or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or roads. 22. Change in pattern or character of general area of project. 23, Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in bay, lake, river, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slopes of 10 percent or more. 28. Use of, or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives. X — batteries 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc. including special districts). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. 0 Butte County Department of Development Services D Planning Division 0 Apr 04 OS 02:33p p.8 • • BUTTE COUNTY JUN 2 4 2005 Environmental Setting:DEVELOPMENT (Attach brief description) SERVICES 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures, Attach photographs of the site. Snapshots or Polaroid photos will be accepted. See Justification Statement 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one -family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. See Justification Statement Certification 1 hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Dat Signature K:\Planning\FORMS\Submittal\ENV-INFO. FIRM 0 Butte County Department of Development Services 0 Planning Division 0 Apr` ,04 05 02:31p • � BUTTE COUNTY MINOR USE PERMIT JUN 2 4 2005 DEVELOPMENT APPLICATION PACKET CHECKLIST SERVICps This checklist is designed to assist applicants in making sure all necessary information is included in their application packet. Please include this checklist along with your submittal. Applicant Planner 1 ❑ ❑ Complete a Pre -Application Review with the Environmental Health Division for ON �� n -site sewage disposal requirements for the proposed use. The Enviroruitental ealth Division charges a $100.50 fee for this review. (This fee will be applied towards the $201.00 Environmental Health Division fee required at the time of application submittal). 2)4 113/A completed, signed, Uniform Application, PP If the application us signed b !� y an i agent for the property owner, an agent authorization form must be submitted along with the Uniform Application. The application shall not be accepted unless signed by [lie owner or legal agent. 3, ED Payment of the currently required Application Fee and/or r Deposut (Any unused portion of the deposit will be returned upon final action, if any remains). (Planner advises applicant) 4• 13/Twenty h' 20 copies ( ) p of plans which shall include a detailed site plan drawn to scale. All plans shall be drawn on uniform size sheets no P.Teater than 24" X 36". The finished plans shall be folded to 8 1/2" x 11". The detailed site plan must include: ED a• � Name and address of Applicant, Engineer and/or Architect chitect b Property lines and lot dimensions C. Assessor Parcel Number(s) and the street address. d Dimensioned locations of existing and proposed improvements on the property (including, but not limited to, buildings, driveways, parking areas, landscaping, wells, septic tanks and leach fields). e• ❑ ❑ Proposed method of sewer and water connection or alternative me 1 IIsewage disposal anpotable water supply.thod of /v l� ,1I d IF INSUFFICIENT INFORM ® ATION IS SUBMITTED, THE 1 APPLICATION WILL BE DEEMED INCOMPLETE. p.2 Apr' 04 05 02:32p BUTTE COUNTY JUN 2 4 2005 JEVELOPNIENT SERVICES f Distances from any significant natural and man-made features of the property, such as streets, access roads, streams, rock outcroppings, major � �tree stands, storm drains, bodies of water, railroads, to the property lines. g• 1 North arrow and scale of drawing. Al] g plans shall be drawn to an engineering scale with the preferred scale of 1" = 20', with a north arrow preferably oriented to the top of sheet. h'LJ' All plans must be clear and legible. g e. 5 • [D"'A vicinity map showingclosest ' major cross streets, zoning and existing land use. Additional information may be required in order to clarify, amplify, correct or otherwise supplement the above submittal information or to complete any required environmental review documents, as deemed necessary by the Department of Development Services, Public Works, Enviromnental Health Division, Butte County Fire Department, or Agriculture Commissioner. Signature: Dater Applic• t/Represenlative Signature: Date: � G� arming Receiving Application K:\Planning\ ORMS1SubnuttaRCl{ECKLIS\M1NORUP.FRM R e visud: 21U05 IF INSUFFICIENT INFORMATION IS SUBMITTED, THE APPLICATION WILL BE DEEMED INCOMPLETE. 2 p.3 Z PERFORMANCE BOND (License or Permit — Continuous) Bond No. 022017178 KNOW ALL MEN BY THESE PRESENTS: THAT WE, New Cingular Wireless PCS; LLC, 3851 North Freeway Blvd., Sacramento, CA 95834, as Principal, and Liberty Mutual Insurance Company, a corporation duly incorporated under the laws of the State of Massachusetts and authorized to do business in the State of California, as>.Surety, are held and firmly bound unto Butte County, 7 County Center Drive, Oroville, CA 95965, as Obligee, in the penal sum of Two Thousand Five Hundred and no/100 ($2;500.00) Dollars, for the payment of which we hereby bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. 'WHEREAS, the Principal has obtained or is about to obtain a license or permit for Site ST -019- 02 Chico East located at 1298 Nord Avenue, Chico, CA. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal shall faithfully perform all duties and protect said Obligee from any damage caused by the Principal's non-compliance. with or breach of any laws, statutes, ordinances, rules or regulations, pertaining to the license or permit issued, then this obligation shall be null and void; .otherwise to remain in full force and effect. This bond shall become effective on the 20`x' day of December, 2005. PROVIDED, that regardless of the number of years this bond is in force, the Surety shall not be liable hereunder for a larger amount, in the aggregate, than the penal sum listed above. -PROVIDED FURTHER, that the Surety may terminate its liability hereunder as to future acts of the Principal at any time by giving thirty (30) days written notice of such termination to the Obligee. SIGNED, SEALED AND DATED THIS 20°1 day of December, 2005. �`V ODM\SSIONF�.ov�'''i New Cingular Wireless PCS, LLC ; t�,; 9•�u, DEC N: *: 10 2006 By. • •'2Sro Q���'• A✓N�3 W • Gla si i NCO..GED•••�V� Li ty Mutual Insurance Company Frni�Iffy iPi��`��``� By: Karen Kubica, Attorney -in -Fact; ACKNOWLEDGMENT BY PRINCIPAL STATE OF COUNTY OF &dhe � On This day of � 20 05, before me personally came /1a_ j-��L known to me to be the Vp (title) of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid county, the day and year in the certificate first above written. I III' Nota ublic N,���`P0� /���� _* DEC 9N N My Commission Expires: �' 10 : #_ 2006 ACKNOWLEDGMENT BY SURETY �4RYIPv�v��� STATE OF Texas COUNTY OF Dallas On this 20th day of December, 20 05, before me, a Notary Public, within and for said County and State, personally appeared Karen Kubica to me personally known who being duly sworn upon oath, did say that she is the Attorney -In -Fact of and for the Liberty Mutual Insurance Company a corporation created, organized and existing under and by virtue of the laws of the State. of Massachusetts that the Corporate seal affixed to the foregoing within instrument is the seal of said Company that the seal was affixed and the said instrument was executed by authority of its Board of Directors, and the said Karen Kubica did acknowledge that she executed the said instry ment as the free act and deed of said Company. e A N , \ NotAry PuNic Kelly Ann Westbrook My Commission Expires: October 9. 2006 1 1 PPR Y c�YPlIRES •• �� %/0/09%2�p` / I'll I�I��`` 1722142 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth,. does hereby.name, constitute and appoint JAMES W. BAUGHMAN;:KELLY A. WESTBROOK, KARENAUBICA, ALL :OF THE. CITY OF DALLAS, STATE OF TEXAS ........................................................................ each individually if there be more than one named, its true::and lawful attorney in -fact to make, ezeoute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, an�r and all undertakings, bonds, recognizances and other:surety obligations fi:the penal sum not exceeding TWENTY-FIVE MILLION AND 00/100** "**************** DOLLARS:($ 25;000,600.00***'* each, and the execution of such undertakings, bonds, recognizances and. -Other surety obligations to pursuance of -:.these presents;�shall be as binding upon the Company as if they had been duly signed bytne president and: attested by the:secretary&the Company -in their own:proper persons. That this power is made and executed'*pursuant to and by aiithontyof the following:By-law, anis Authorization ARTICLE XIII - Execution of Contracts: Section 5. SuretyBondsand Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 22nd day of April 2005 11BERTY MUTUAL INSURANCE COMPANY I,L'ItyV IAI- g'�a.or.a Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 22nd day of April 2005 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WH R�� P�� unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. 0NW { �tsCOMMONWEALTH OF PENNSYLVANIA Notarial Seat OF TereeuF`ifsteAa.tdry%Ac. . Plyih7�;p,�+v.c«xror By tt AyOwffniWimEvimmar. zt3,2009 Ter sa Pastella, Notary Public: 6 uamoGf. Pgnn9yiYUfIHAC80CidiWnotNotadaa-. CERTIFICATE qRY p I, the undersigned, Assistant ecretary of Liberty Mutual Insurance Company do hereby certify that -the -original pow er'of attorney of which the foregoing is a full, true and correct copy, is In full force and effect ori the date:.of thlslcertificate; and 1.do further: certi that the:officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the`chairman or.flie'prestdent to appontattomeys in -fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. f-- This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. - IN TESTIMONY WHEREOFh ve hereunto subscribed my name and affixed the corporate seal of the said company, this 20th day of December �b$5 Cc kyc BY David M. Carey, AssW19t Secretary IF V4 Liberty Mutual Surety Bond Number 022017178 NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless Insurance Company; and any other company that is a partof or added to the Liberty Mutual Group for which surety business is underwritten by Liberty Mutual Surety (referred to collectively hereinafter as the "Issuing Sureties"). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any- bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM. LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act. exceeding the applicable surety deductible. LMIC-6539 11/15/04 BUTTE COUNTY. DEC 2 8 2005 iDEVELOpMENT SERVICES Cingular Wireless Project: Minor Use Permit MUP 05-05 Planner: Mark Michelena APN: 043-200-005 Zoning: C-1 Location: On the north side of Highway 32 (Nord Avenue), approximately 1200 feet north of West Sacramento -Avenue at 1298 Nord Avenue, Chico Proposal: To co -locate 12 panel antennas (6 initial/6 future) at a height of 70.7 ft, along with two future microwave dishes (4' and 2') at•a height of 68 ft. * Associated ground. equipment will be placed on a 10 ft x 20 ft concrete pad within the extended lease area Mr. Michelena gave a brief summary of the project. Mr. Wannenmacher questioned the reference to the Nextel Facility on Page 3 of the report. Mr. Michelena said this was the original permit reference of the previous tower owner. Mr. Wannenmacher discussed Conditions 7 and 18 on Page 9 of the report by CDF. Chairman Marin suggested leaving both conditions in. Mr. Wannenmacher said to delete Condition 18. The hearing was opened to the public. Kelly McNichols agreed to the conditions. The hearing was closed and comments confined to the Commission and staff. It was moved by Commissioner Lambert, seconded by Commissioner Wilson, and,unanimously carried to approve the Minor Use permit for Cingular Wireless, adopting Resolution PC 05-08 with the conditions listed on Exhibit A, Condition 1 change `B" to "D", deleting Condition 18 and re -numbering the remaining conditions. There is a 10 -day appeal period on all decisions with the Clerk of the Board ■ BUTTE COUNTY PLANNING COMMISSION ■, MINUTES ■ DECEMBER 8, 2005 ■ PAGE 9 ■ A I • '...FILE COPY � RESOLUTION PC 05-08 A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING MINOR USE PERMIT 05-05 WHEREAS, the Planning Commission has considered Minor Use Permit 05-05 for Cingular Wireless, in accordance with Chapter 24, Section 41; Minor Use Permits, of the Butte County Code on Assessor's Parcel Number 043-200-005; and WHEREAS, the Planning Commission has determined that project is categorically exempt under Section 15311 in accordance with the California Environmental Quality Act; and WHEREAS, said Minor Use Permit was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a public hearing was held on December 8, 2005; and WHEREAS, the Planning Commission has considered public comments and a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: I. Finds that this project is exempt from the provisions of the California Environmental Quality Act under Section 15311. Section 15311 consists of construction of minor structures accessory (appurtenant) to existing facilities. Antennas placed on an existing communications monopole are considered to be accessory structures. The payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. II. Makes the following Minor Use Permit findings: A. The proposed location, size, design, and operating characteristics of the proposed use are in accordance with the purpose of this Ordinance, the purpose of the zone in which the site is located, the Butte County General Plan, and the development policies and standards of the County because: Conditions of approval have been applied to this project pursuant to the applicable requirements of Section 24-262 (Wireless Communication Facilities). The project is in accordance with the purpose of the zone in which the land lies and the Butte County General Plan because the project site is designated Commercial and is zoned C-1. The Public land use designation allows public utilities as Secondary Uses. The C-1 zone allows collocations with approval of a Minor Use Permit. B. The location, size, design, and operating characteristics of the proposed use would be compatible with, and would not adversely affect, or be detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to: 1. Harmony in scale, bulk, coverage, and density: The proposed antennas would not increase the height of the existing communications monopole or extend horizontally beyond the existing antennas. 2. The availability of public facilities, services and utilities: 1 Electrical power service is already established to the. property and no additional services or utilities are required. A water source and a sewage disposal system are not required. 3. The harmful effect, if any, upon desirable neighborhood character: The .project site is already developed with'a 140 foot tall communications monopole and accessory ground mounted equipment cabinets and shelters. The radio-frequency emissions from the existing and proposed antennas would meet FCC standards for public exposure. The proposed antennas would not result in a significant visual impact to the neighborhood in that the new antennas and mounting hardware would be painted to match the color of the existing monopole. The proposed antennas. would not generate any noise. The proposed antennas to be mounted on the existing monopole would not have a harmful effect upon the neighborhood character. Only a minor amount of vehicle traffic would be generated during installation of the antennas and equipment cabinet. The communications facility would be unmanned and only one to two site visits per month would be required after installation of the antennas and equipment cabinet, The proposed antennas and the equipment cabinet would not generate any significant noise levels. 4. The generation of traffic and the capacity and physical character of surrounding .streets: The project would result in approximately one site visit- per month by maintenance personnel. State Highway 32 (Nord Avenue), which would provide access for the project site, would not be impacted by this increase in vehicular traffic. 5. The suitability of the site for the type and intensity of use or development which is proposed: The site is ideally suited for the project because the proposed antennas would be mounted on an existing communications monopole. 6. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed communication facility application to County Agencies, Caltrans, and the City of Chico and has received no evidence that the use would cause any other relevant impact. C. Based on the above findings, the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare, or injurious to properties or improvements in the vicinity. D. The proposed use will comply with each of the applicable provisions of Butte County Code Chapter 24, Section 262. E. This project would place antennas on an existing communications monopole, which eliminates the need for a new communications tower/monopole to be erected elsewhere in the project area. OA F. The radio-frequency emissions generated by the antennas on the communications monopole would be below the public exposure , limits set by the Federal Communications Commission for wireless communication facilities. G. The proposed antennas would not create any impacts to aircraft operations because they will not increase the height of the existing communications monopole nor extend horizontally beyond the existing antennas. H. Wireless telephone services are regulated by the California Public Utilities Commission and are considered to be a public use. III. Approves Minor Use Permit 05-05 for Cingular Wireless, subject to the conditions in Exhibit "A" DULY PASSED AND ADOPTED this 8th day of December, 2005, by the following vote: AYES: Commissioners Leland, Nelson, Lambert, Wilson, and Chairman Marin NOES: No one ABSENT: No one ABSTAIN: No one ATTEST: L RICHARDSON, Secretary Planning Commission County of Butte, State of California 01 FERNANDO MAR1N, Chairman Planning Commission County of Butte, State of California EXHIBIT A MINOR USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Ree.) MUP 05-05 PERMIT NO. 043-200-005 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Cingular Wireless is hereby granted a Minor Use Permit in accordance with application filed to collocate twelve pannel antennas (6 initial/ 6 future) at a height of 70.7 feet, along with two future microwave dishes (4 feet and 2 feet) at a height of 68 feet. Approval is also granted for a 200 square foot (10 foot x 20 foot) expansion lease area for associate ground equipment. The project site is zoned C-1 and has a General Plan land use designation of Commercial. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-41. 2. Unless otherwise provided for in a special condition to this Minor Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within 12 months of the delivery of the countersigned permit to the Permittee. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated. written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Minor Use Permit has been granted is not established within one year of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 5. The terms and conditions of this permit shall run with.the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. Conditions of Approval: Planning Division 4 I . The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. Said site plan is on file in the Planning Division; is identified as "Attachment E" and date-stamped June 24, 2005, and is incorporated herein by this reference. 2. The new antennas and mounting hardware shall be painted to match the color of the existing monopole. 3. The installation of the Facility shall comply with all applicable building and electrical codes. The Facility operator shall submit certification from a registered structural engineer to the Building Division that all associated monopoles and towers in excess of thirty (30) feet in height will withstand sustained winds as required by the Uniform Building Code. 4. No advertising or display shall be permitted on the Facility. 5. The placement of any antenna or structure shall not adversely affect any on -.site sewage disposal system or its repair area without written approval from the Division of Environmental Health. 6. The installation of the Facility shall not violate any existing deed restrictions. 7. The Facility shall have a twelve (12) foot wide all-weather access to,a publicly maintained road capable of supporting a forty thousand (40,000) pound fire apparatus with fifteen (15) feet of vertical clearance. 8. There shall be no outdoor vehicle or equipment storage except for emergency purposes. 9. The Facility shall fall within current standards and regulations of the FAA, the FCC, and any other State and/or Federal agency with the authority to regulate such Facility. If such standards and regulations are changed, the property owner or responsible party shall bring the Facility into compliance with such revised standards and regulations within ninety (90) days of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling agency. 10. The Facility or combination of the Facilities on the site shall not generate, at any time, electromagnetic frequency radiation (EMF) or radio frequency radiation (RF) in excess of the FCC adopted standards for human exposure, as amended over time. 11. If it is found that the Facility is or will be detrimental to the health, safety, or welfare of persons working or residing near such facility, then the service provider(s) and property owner. shall be jointly and solely responsible for the removal, adjustment, or replacement of the Facility.. In no case shall the Facility remain in operation. if it is found to create a hazard to health, safety, and welfare. The Facility shall not be found to create a hazard to health, safety, or welfare as a result of EMF or RF emissions from the Facility so long as it meets all current standards established by the FCC, pursuant to FCC OET 65. 12. Prior to issuance of the Minor Use Permit, the applicant shall post a performance security in an amount and form determined by the Director of Development Services that is sufficient to cover the cost of a one-time test by a radio frequency consultant selected by the County, sufficient to determine whether the Facility's RF/EMF emissions comply with FCC standards. If the Facility's emissions are determined to exceed FCC standards, the applicant is required to pay for such other tests and other corrective measures as are necessary to establish compliance with FCC OET 65 and its successors and such noncompliance shall constitute sufficient grounds to commence a permit revocation hearing which may lead to permit revocation. The 5 applicant shall cooperate in all respects with the County's consultant to assist the consultant to reach his/her conclusion. 13. All Facilities that are not in continual use for a period of six (6) months shall be considered abandoned.. Abandoned Facilities are hereby designated as unlawful and as public nuisances, requiring no amortization period. 14. The Facility may not encroach into, under, over, above, or upon any public street in the unincorporated area of the County in the absence of a valid encroachment permit from the County. 15. The owner/operator of the Facility shall annually submit a written verification, attested to under penalty of perjury, signed by both the owner/operator and an FCC licensee in the employ of or retained by the owner/operator, that the radio frequency radiation/electromagnetic frequency (RF/EMF) emitted by the facility conforms to safety standards set forth in FCC OET 65. The reports prepared for the Facility shall conform to reporting requirements set by the FCC and the County. The reports shall be submitted to the Planning Division no later than January 31 of each year.. 16. The Facility shall be secured at all times to prevent access by the public. 17. The collocation of the antennas allowed by this Minor Use Permit requires the issuance of a building permit from the Butte County Building Division. The Building Division, based upon engineered calculations submitted by the applicant, may determine that the monopole cannot physically support the requested number of antennas. If that is the case, the number of new antennas allowed on the monopole may be less than the number, of antennas permitted by this Minor Use Permit. California Department of Forestry/Butte County Fire 18. Prior to building construction, provide an all weather access of at least 10 feet wide and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000 pound fire apparatus to within 150 feet of all structures. Environmental Health Division 19. Prior to issuance of a building permit, provide a completed Hazardous Materials and Emissions Questionnaire. Pacific Gas and Electric 20. Any relocation or rearrangement of any existing PG&E facilities in the area to accommodate this project will be at the expense of the developer. 21. . There shall be no building of structures, or the storage of materials allowed over or under any existing PG&E facilities, or inside any easements that exist which would infringe on PG&E easement rights. County Counsel 22. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. NOTE: Issuance of this Minor Use Permit does not waive requirement of obtaining Building and Health Division permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman cc: Land Development Division Building Division Environmental Health Division Butte County Fire Department/CDF Assessors Office k:\planning\projects\mup\cingular (karasanski) mup 05-05\planning commission documents\karasinski - cingular wireless mup 05-05 pc resolution.doc 7 DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Cingular Wireless 1298 Nord Ave Chico, CA 95926 FILING NO. Project Title/File Number: Minor Use Permit, MUP 05-05 APN: 043-200-005 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1 JAN 1 2 2006 ' CANDACE J. GRUBES, BUT 1E CO. CLERK NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION X A. Statutorily or Categorically Exempt $36.00 Clerk's Documentary Handling Fee ❑ B. 'De Minimis Impact - Certificate of Fee Exemption $36.00 Clerk's Documentary Handling Fee 2.. NOTICE OF DETERMINATION - FEE REQUIRED ❑ A. Negative Declaration $1,250 State Filing Fee $36.00 Clerk's Documentary Handling Fee ❑ B. Environmental Impact Report, $850 State Filing Fee $36.00 Clerk's Documentary Handling Fee 3. ❑ OTHER (Specify) $36.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. X PAYMENT: The above fees have been paid. See attached receipts) # 431169 Checklist for: ATR Signature Sent to Recorder / /i Lq& Returned / /9 0r Final Billing 2. ❑ NON-PAYMENT:- The above fees are required. Not paid. Chief Planning Official By: Tim Snellings, Development Services Title: Director Lead Agency: Butte County Department of Development Services Date: January 10, 2006 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. APPENDIX A Cr TO NOTICE OF EXEMPTION Office of Planning and Research FROM: Butte County Planning Division 1400 Tenth Street, Room 121 7 County Center Drive Sacramento, CA 95814 Oroville, CA 95965 . X County Clerk County of Butte 25 County Center Drive Oroville, CA 95965 Project Title: Minor Use Permit, MUP 05-05 Assessor's Parcel No.: 043-200-005 Applicant: Cingular Wireless, 1298 Nord Ave, Chico, CA 95926 Project Location -Specific: On the north side of Highway 32 (Nord Avenue), approximately 1200 feet north of West Sacramento Avenue at 1298 Nord Avenue, Chico - Project Location -City: Chico Project Location -County: Butte Description of Nature, Purpose and Beneficiaries of Project: To co -locate 12 panel antennas (6 initial/6 future) at a height of 70.7 ft, along with two future -microwave dishes (4' and 2') at a height of 68 ft. Associated ground equipment will be placed on a 10 ft x 20 ft concrete pad.within the extended lease area Name of Person or Agency Approving Project: Butte County Planning Commission or Butte County Board of Supervisors Exempt Status: (Check One) ❑ Ministerial (Sec. 15073) ❑ Declared Emergency [Sec. 15071(a)] ❑ Emergency Project [Sec. 15071 (b) and (c)] X Categorical Exemption. State type and section number: 15311 ❑ Statutorily Exempt — 15274(a) ❑ General Rule Exemption. State type and section number: Reasons why project is exempt: Class 11 consists of construction, or replacement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to: (a) On -premise sign; (b) Small parking lots; (c) Placement of seasonal or temporary use items such as lifeguard towers, mobile food units, portable restrooms, or similar items in generally the same locations from time to time in publicly owned parks, stadiums, or other facilities designed for public use. Contact Person: Mark Michelena Telephone: (530) 538-7601 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received For Filing: Tim Snelling, Director, QVpZpment Services COUNTY of BUTTE AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVILLE, CA ATR NO RECEIVED FRbm 'PLANNING DAG 328 ®ATE FUND FUND DEPT ACCT CASH DESCRIPTION TITLE CODE CODE CODE CODE 85912 W2712005 AMOUNT DEPOSIT DATE: G 27 RECEIPTS: 439153431169 PLANNING APPL FEES GENL 0010 44001 421090 101031 2,836.00 Project Number Amount of Fee CINGUiAR-APN:043-200-006- IUP05-05 $1,927 ROBINSON & SONS -AAI 04N-07-.MFAR 05-01 $839 LAND DEVELOPMENT GENL 0010 440004 46117M. 101001 87.00 Project. Number _ Amount of Fee CIIvGULAR-APN: 043-200-005-MUP 05-05 $87. ENVIRONMENTAL HLTH GENL 0010. 5140M 4614901 .101001. 2L11.00 Project Number Amount of Fee CINGULAR-APN: 043 -200 -005 -MOP 05-05 $201 FIRE PLNG APPL FEE FIDE PROTECT 0100 4697240 iolw9 180.00 Project Number Amount of Fee CINGULAR-APN: 043-200-00.5-MUP 05-05 $180 NODINOE CLERIC'S FILING FE GENL 0010 470001 4612319 1011091 •36.00 ($36) Project Number _ Amount of Fee CINGULAR-APN: 043-200-005-IMUP 05-05 $3$ AGRICULTURE AG FEE 0010 4WWI 4812100 .1199009 32.50 Project Number Amount of Fee ClWULAR-APN: 043-200-005-10UP 05-05 $32.50 DOCUMENTICOPY SALES GENL 0010 440001 4711910 101001 18.95 TOTAL $ 3,391.45 APPROVED BY: RECEIVED BY: AUDITOR -CONTROLLER TREASURER 11 white=treasurer pink= -auditor canary --depositor golden rod=f ie 4 I �, 0 Butte County Department ofDevelopment Services PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * PLANNING October 31, 2003 Cingular Wireless 1298 Nord Ave Chico, CA 95926 Re: Minor Use Permit, MUP 05-05, APN: 043-200-005 Gentlemen: At the regular meeting of the Butte County Planning Commission held December 8, 2005, your request for a Minor Use Permit, To co -locate 12 panel antennas (6 initial/6 future) at a height of 70.7 ft, along with two future microwave dishes (4' and 2') at a height of 68 ft. Associated ground equipment will be placed on a 10 ft x 20 ft concrete pad within the extended lease area, on property zoned C-1, (Light Commercial) and located On the north side of Highway 32 (Nord Avenue), approximately 1200 feet north of West Sacramento Avenue at 1298 Nord Avenue, Chico, was approved subject to the conditions listed on the Agenda Report deleting Condition 18. Should you desire to appeal any of the conditions imposed by the Planning Commission, you must do so in writing, prior to 5:00 p.m., Monday, December 19, 2005 to the: Clerk of the Board of Supervisors 25 County Center Drive Oroville, California 95965 The appeal fee of $50.00 must be paid at that time. If you do not appeal, and if there are no other appeals within the 10 calendar -day appeal period, the action of the Planning Commission is final. APPROVAL OF PROJECT SUBJECT TO PAYMENT OF ALL APPLICABLE FEES Payment of all applicable fees will be required as a condition of approval for your project. Prompt payment of invoiced amounts will expedite the approval process in satisfying this condition. Pursuant to Section 66020 (d) (2) of the Government Code you are hereby notified that you have 90 days to register a protest challenging any fees, dedications, reservations, or exactions imposed as conditions of approval for this project. Should you have any questions regarding this matter, please contact Mark Michelena at 538-7376 between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, r Lynn Richardson Commission Clerk Cc: Peek Site Com kAletters\merge letters\applmup.dot I TO: NOTICE OF EXEMPTION Office of Planning and Research FROM: Butte County Planning Division 1400 Tenth Street, Room 121 7 County Center Drive Sacramento, CA 95814 Oroville, CA 95965 X County Clerk County of Butte 25 County Center Drive Oroville, CA 95965. Project Title: Minor Use Permit, MUP 05-05 Assessor's Parcel No.: 043-200-005 Applicant: Cingular Wireless, 1298 Nord Ave, Chico, CA 95926 L l� n� JAN 1 2 2006 . L �rw iRrA ROLE LO CLERK Project Location -Specific: On the north side of Highway 32 (Nord Avenue), approximately 1200 feet north of West Sacramento Avenue at 1298 Nord Avenue, Chico Project Location -City: Chico IProject Location -County: Butte Description of Nature, Purpose and Beneficiaries of Project: To co -locate 12 panel antennas (6 initial/6 future) at a height of 70.7 ft, along with two future microwave dishes (4' and 2') at a height of 68 ft. Associated ground equipment will be placed on a 10 ft x 20 ft concrete pad within the extended lease area Name of Person or Agency Approving Project: Butte County Planning Commission or Butte County Board of Supervisors Exempt Status: (Check One) ❑ Ministerial (Sec. 15073) ❑ Declared Emergency [Sec. 15071(a)] ❑ Emergency Project [Sec. 15071 (b) and (c)] X Categorical Exemption. State type and, section number: 15311 ❑ Statutorily Exempt—15274(a) ❑ General Rule Exemption. State type and section number: Reasons why project is exempt: Class 11 consists of construction, or replacement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to: (a) On -premise sign; (b) Small parking lots; (c) Placement of seasonal or temporary use items such as lifeguard towers, mobile food units, portable restrooms, or similar items in generally the same locations from time to time in publicly owned parks, stadiums, or other facilities designed for public use. Contact Person: Mark Michelena Telephone: (530) 538-7601 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received For Filing: Tim SnellingY, Director, 9,c Obpment Services i'.1 1 0 DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Cingular Wireless 1298 Nord Ave Chico, CA 95926 FILING NO. Project Title/File Number: Minor Use Permit, MUP 05-05 APN: 043-200-005 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION X A. Statutorily or Categorically Exempt $36.00 Clerk's Documentary Handling Fee ❑ B. De Minimis Impact - Certificate of Fee Exemption $36.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED ❑ A. Negative Declaration $1,250 State Filing Fee $36.00 Clerk's Documentary Handling Fee ❑ B. Environmental Impact Report $850 State Filing Fee $36.00 Clerk's Documentary Handling Fee 3. ❑ OTHER (Specify) $36.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. X PAYMENT: The above fees have been paid. See attached receipt(s) # 431169 2. ❑ NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Tim Snellings, Development Services Title: Director Lead Agency: Butte County Department of Development Services Date: January 10, 2006 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. APPENDIX A ♦7 COUNTY OF BUTTE AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVILLE, -CA ATR NO 85912 RECEIVED FROM PLANNING BAG # 328 DATE 0127/2005 FUND FUND DEPT ACCT CASH DESCRIPTION TITLE CODE CODE CODE CODE AMOUNT DEPOSIT DATE: 627 RECEIPTS: 431953-431163 PLANNING APPL FEES GENL 0010 440W1 42109M 101031 2,836.40 Project Number Amount of Fee. CIN G UiAR-APN: 043 -200 -005 -RA U P 05-05 $1,997 ROBINSON 8 SONS -PAI 04N-07-MFAR 05-01 $839 LAND DEVELOPMENT GENL 0010 440004 4611700 101001 87.00 Project. Plumber Amount of Fee CINGULAR-APN: 043-200-005-MUP 05-05 $87 ENVIRONMENTAL HLTH GENL 0010 540003. 4614901 109001 201.OD Project Number Amount of Fee CINGULAR-APN: 043-200-005-MUP. 05-015 $209 FIRE PLNG APPL FEE FIRE PROTECT .B1100. , :.:_ 4617240 101001 180.0b Project Number Amount of Fee CINGULAR-APN: 043 -200 -005 -IUP 05-05 $980 NODINOE CLERK'S FILING FE GENL 0010 470001 - 4692318 101001 36.00 ($36) Project Number Amount of Fee LINGULAR-APN: 043-200-005-MUP 05-05 $38 AGRICULTURE -AG FEE - 0010- 460001 4612109 ' 101001 32.50 Project Number Amount of Fee CINGULAR-APN: 043-200-005-MUP 05-05 $32.50 DOCUMENT/COPY SALES GENL 08W 44=1 4711910 101001 18.85 DOTAL 3,391.35 APPROVED BY: AUDITOR -CONTROLLER RECEIVED BY: TREASURER ------------- white=treasurer pink auditor canary --depositor golden rod -file EXHIBIT A MINOR USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) MUP 05-05 PERMIT NO. 043-200-005 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the -Zoning Ordinance of the County of Butte and the special conditions set forth below: Cingular Wireless is hereby granted a Minor Use Permit in accordance with application filed to collocate twelve pannel antennas (6 initial/ 6 future) at a height of 70.7 feet, along with two future microwave dishes (4 feet and 2 feet) at a height of 68 feet. Approval is also granted for a 200 square foot (10 foot x 20 foot) expansion lease area for associate ground equipment. The project site is zoned C-1 and has a General Plan land use designation of Commercial. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-41. 2. Unless otherwise provided for in a special condition to this Minor Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within 12 months of the delivery of the countersigned permit to the Permittee. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Minor Use Permit has been granted is not established within one year of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 5. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ December 8, 2005 ■ Cingular Wireless MUP 05-05 Agenda Report ■ Page 8 of I I ■ . Conditions of Approval: Planning Division 1. The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. Said site plan is on file in the Planning Division, is identified as "Attachment" and date-stamped June 24, 2005, and is incorporated herein by this reference. 2. The new anter�fias and mountinghardware hall e painted s b p n d to match the color of the existing monopole. 3. The installation of the Facility shall comply with all applicable building and electrical codes. The Facility operator shall submit certification from a registered structural engineer to the Building Division that all associated monopoles and towers in excess of thirty (30) feet in height will withstand sustained winds as required by the Uniform Building Code. 4. No advertising or display shall be permitted on the Facility. 5. The placement of any antenna or .structure shall not adversely affect any on-site sewage disposal system or its repair area without written approval from the Division of Environmental Health. 6. The installation of the Facility shall not violate any existing deed restrictions. 7. The Facility shall have a twelve (12) foot wide all-weather access to a publicly maintained road capable of supporting a forty thousand (40,000) pound fire apparatus with fifteen (15) feet of vertical clearance. 8. There shall be no outdoor vehicle or equipment storage except for emergency purposes. 9. The Facility shall fall within current standards and regulations of the FAA, the FCC, and any other State and/or Federal agency with the authority to regulate such Facility. If such standards and regulations are changed, the property owner or responsible party shall bring the Facility into compliance with such revised standards and regulations within ninety (90) days of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling agency. 10. The Facility or combination of the Facilities on the site shall not generate, at any time, electromagnetic frequency radiation (EMF) or radio frequency radiation (RF) in excess of the FCC adopted standards for human exposure, as amended over time. 11. If it is found that the Facility is or will be detrimental to the health, safety, or welfare of persons working or residing near such facility, then the service provider(s) and property owner shall be jointly and solely responsible for the removal, adjustment, or replacement of the Facility. In no case shall the Facility remain in operation if it is found to create a hazard to health, safety, and welfare. The Facility shall not be found to create a hazard to health, safety, or welfare as a result of EMF or RF emissions from the Facility so long as it meets all current standards established by the FCC, pursuant to FCC OET 65. 12. Prior to issuance of the Minor Use Permit, the applicant shall post a performance security in an amount and form determined by the Director of Development Services that is sufficient to cover the cost of a one-time test by a radio frequency consultant selected by the County, sufficient to determine whether the Facility's RF/EMF emissions comply with FCC standards. ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ December 8, 2005 ■ Cingular Wireless MUP 05-05 Agenda Report ■ Page 9 of 11 ■ If the Facility's emissions are determined to exceed FCC standards, the applicant is required to pay for such other tests and other corrective measures as are necessary to establish compliance with FCC OET 65 and its successors and such noncompliance shall constitute sufficient grounds to commence a permit revocation hearing which may lead to permit revocation. The applicant shall cooperate in all' respects with the County's consultant to assist the consultant to reach his/her conclusion. 13. All Facilities that are not in continual use for a period of six (6) months shall be considered abandoned. Abandoned Facilities are hereby designated as unlawful and as public nuisances, requiring no amortization period. 14. The Facility may not encroach into, under, over, above, or upon any public street in the unincorporated area of the County in the absence of a valid encroachment permit from the County. 15. The owner/operator of the Facility shall annually submit a written verification, attested to under penalty of perjury, signed by both the owner/operator and an FCC licensee in the employ of or retained by the owner/operator, that the radio frequency radiation/electromagnetic frequency (RF/EMF) emitted by the facility conforms to safety standards set forth in FCC OET 65. The reports .prepared for the Facility shall conform to reporting requirements set by the FCC and the County. The reports shall be submitted to the Planning Division no later than January 31 of each year. 16. The Facility shall be secured at all times to prevent access by the public. 17. The collocation of the antennas allowed by this Minor Use Permit requires the issuance of a building permit from the Butte County Building Division. The Building Division, based upon engineered calculations submitted by the applicant, may determine that the monopole cannot physically support the requested number of antennas. If that is the case, the number of new antennas allowed on the monopole may be less than the number of antennas permitted by this Minor Use Permit. California Department of Forestry/Butte Counly Fire 18. io to ildin con uctio p vide an Bather acce fat least Bet w' e vertical clearance of 15 at. wil to or ing ss and gress d ac mmoda e a 40,000 pound fire apparatus to within 150 feet of all structures. Environmental Health Division 19. Prior to issuance of a building permit, provide a completed Hazardous Materials and Emissions Questionnaire. Pacific Gas and Electric 20. Any relocation or rearrangement of any existing PG&E facilities in the area to accommodate this project will be at the expense of the developer. 21. There shall be no building of structures, or the storage of materials allowed over or under any existing PG&E facilities, or inside any easements that exist which would infringe on PG&E easement rights. ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ December 8, 2005 ■ Cingular Wireless MUP 05-05 Agenda Report ■ Page 10 of 11 ■ i County Counsel 22. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. NOTE: Issuance of this Minor Use Permit does not waive requirement of obtaining Building and Health Division permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman cc: Land Development Division Building Division Environmental Health Division Butte County Fire Department/CDF Assessors Office k:\planning\projects\mup\cingular wireless 05-05\karaninski - cingular wireless mup 05-05 agenda report fmal.doc ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ December 8, 2005 ■ Cingular Wireless MUP 05-05 Agenda Report ■ Page 11 of l l ■ n li I. -M -111M ME) tATFAT-,"714h M- EXECUTIVE SUMMARY:. The project would allow the collocation of up to twelve panel antennas (6 initial/6 future) at a height of 70.1 feet and two microwave dishes at a height of 68 feet on the top of an existing 140 -foot communications monopole and associated ground equipment. Staff recommends. approval of this Minor Use Permit with findings and conditions. PROJECT DESCRIPTION: 70,1 • Minor Use Permit to collocate a total of 12 panel antennas at the 7$-1-f6ot location of an existing 141 -foot tall communications monopole. Six- antennas .would be installed immediately, with six additional antennas installed at a later date. Two microwave dishes are also proposed and would be located at a height of 68 feet • Two different sizes of panel antennas would be installed — 4.3 square feet and 1.7 square feet (47.2" long by 5.1" wide). • Associated ground equipment will be placed on a 10 -foot by 20 -foot concrete pad within the extended lease area. • The proposed panel antennas are to provide improved coverage and capacity for Cingular's network, particularly along State Route 32, and surrounding areas. ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ December 8, 2005 ■ Cingular Wireless MUP 05-05 Agenda Report ■ Page 1 of 11 ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT - DECEMBER 8, 2005 Applicant: Cingular Wireless Supervisor District: 2 File #: MUP 05-05 Planner: Mark Michelena Senior Planner . Request: Minor Use Permit to collocate Location: On the north side of State Route 12 pannel antennas (6 initial/ 6 32 (Nord Avenue), future) at a height of 70.7 feet, approximately 1200 feet north of along with two future microwave West Sacramento Avenue, at dishes (4 feet and 2 feet) at a 1298 Nord Avenue, Chico height of 68 feet. Along with Associated ground equipment. G.P.: Commercial Attachments: Zoning: C-1 (Light Commercial) A: Resolution with attached Minor Use Permit and Conditions Zone Date: March 30, 1976 B: General Plan/Zoning Map APN: 043-200-005 C: Photo Simulations Parcel Size: 1.93 Acres D: Site Plan EXECUTIVE SUMMARY:. The project would allow the collocation of up to twelve panel antennas (6 initial/6 future) at a height of 70.1 feet and two microwave dishes at a height of 68 feet on the top of an existing 140 -foot communications monopole and associated ground equipment. Staff recommends. approval of this Minor Use Permit with findings and conditions. PROJECT DESCRIPTION: 70,1 • Minor Use Permit to collocate a total of 12 panel antennas at the 7$-1-f6ot location of an existing 141 -foot tall communications monopole. Six- antennas .would be installed immediately, with six additional antennas installed at a later date. Two microwave dishes are also proposed and would be located at a height of 68 feet • Two different sizes of panel antennas would be installed — 4.3 square feet and 1.7 square feet (47.2" long by 5.1" wide). • Associated ground equipment will be placed on a 10 -foot by 20 -foot concrete pad within the extended lease area. • The proposed panel antennas are to provide improved coverage and capacity for Cingular's network, particularly along State Route 32, and surrounding areas. ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ December 8, 2005 ■ Cingular Wireless MUP 05-05 Agenda Report ■ Page 1 of 11 ■ • The existing communication facility is unmanned, and will remain unmanned, and does not require a water source or a sewage disposal system. • Approximately one visit to the site would be made per month by company technicians to perform routine maintenance. • All new ground mounted equipment would be located within the new leased area. • No advertising or signage is proposed, except signs required by the FCC and emergency contact information. • Exterior lighting will only be lit during maintenance. • Access to the site is, and will continue to be, from State Highway 32 (Nord Avenue). • With this Minor Use Permit, there would be five wireless communication carriers on the existing monopole. SITE CHARACTERISTICS: • The project site is zoned C-1 (Light Commercial) and has a General Plan Land Use designation of Commercial. • The parcels to the north of the site are zoned C-1. The parcels to the west, east, and south are located within the City of Chico and are zoned by the City R-2 (Medium Density Residential), R-3 (Medium -High Density Residential), and R-3 respectively. • Land uses on the surrounding parcels include the Chico Islamic Center and commercial uses to the north, Union Pacific Railroad tracks to the east, apartments to the south and to the east (across the railroad tracks), and apartments to the west (across Nord Avenue). • The project site is developed with a commercial business that retrofits vans with adaptive equipment for use by individuals with disabilities. • The existing 140 -foot tall communications monopole on the project site was approved in 1994 with Use Permit 95-22. Minor Use Permits 02-02, 03-03, 04-06 and 05-02 were approved to collocate antennas on the existing monopole. The wireless services providers who have antennas on the monopole include Metro PCS, Cingular Wireless, Verizon Wireless and Nextel. The monopole is owned by American Tower Corporation. • The existing monopole and equipment are located within an existing 2,000 square foot lease area. The project is proposing to add 200 square feet of lease area for additional ground equipment. • The monopole, which is painted a beige color, supports two tall vertical antennas and an array of 12 panel antennas mounted at the top of the monopole, a large microwave dish at the 122 -foot level, an array of six panel antennas at the 120 -foot level, a small microwave dish at the 91 -foot level, and an array of three panel antennas at the 85 -foot level. • The project site is not located within an Airport Compatibility Zone. • The project site is located within the City of Chico's Sphere of Influence and is within the Chico Urban Area. • The project parcel is completely fenced. ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ December 8, 2005 ■ Cingular Wireless MUP 05-05 Agenda Report ■ Page 2 of 1.1 ■ ANALYSIS: • Theproject would not result in a significant increase in air emissions, fugitive dust emissions, light, noise, or vehicle traffic. • Only a minor amount of construction activity would be required to install the proposed antennas and associated ground equipment. • The proposed antennas are not expected to create any significant visual impacts because they would not increase the height of the existing monopole nor will they extend horizontally beyond the existing antennas. • Photo simulations of the proposed antennas on the existing monopole show that they would not significantly change the appearance of the monopole. • A backup power generator is already on-site and no new power generators are proposed. The existing backup generator is used during commercial power outages and is normally tested twice a month for a period of approximately 30 minutes each. • Comments regarding this project were requested' from the City of Chico, which did not request any conditions. • The City of Chico recJ ded the following conditions on the previous collocation: 1. T combinedfEMF/RF (electromagnetic frequency /radio frequency) radiation for all ays doeseed the maximum permissible exposure level set by the FCC. 2. Reco end tse permits for wireless telecommunications facilities are issued for a period o 0 ynsistent with Chico regulations). • The City of Chico first recommended condition is included as a condition of project approval. The City's seco d commended condition — that permits for wireless telecommunications facilities are i ued fo a period of 10 years — is not consistent with the County's Wireless Facilities Or nance, whi does not set a time limit on wireless facilities. It would be very problematic o impose a 10- ear limit on Nextel's facility and not have the same time limit on the other wire ess facilities alrea on the project site. Butte County Code requires that facilities that are not in continual use for a period of six months be removed. The City of Chico's wireless telecommunications facilities ordinance does allow for a 10 -year extension of the permit (for a total of 20 years) if the facility is still required for. wireless communications. Zoning/General Plan Consistency • The project site is designated as Commercial by the Butte County General Plan, which allows public uses as secondary uses (note: wireless communications providers are considered a public utility because they are regulated by the California Public Utilities. Commission). • Section 24-141 of the Butte County Code states that communications facilities, including the collocation of antennas on towers/poles, are not permitted in the C-1 zone unless a permit is obtained (subject to the requirements of Butte County Code Section 24-262). Section 24-262(d) states that a Minor Use Permit must be obtained for the collocation of antennas on an existing tower/pole in the C-1 zone. The project has been conditioned to meet the requirements of Section 24-262, including: ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ December 8, 2005 ■ Cingular Wireless MUP 05-05 Agenda Report ■ Page 3. of 11 ■ • Radio-frequency emissions in excess of FCC standards are not allowed. • Facilities that are not in .continual use for a period of six (6) months shall be considered to be abandoned and must be removed. • Verification submitted annually attesting that the radio frequency radiation/electromagnetic frequency (RF/EMF) emitted by the facility conforms to safety standards set forth in FCC Office of Engineering & Technology Bulletin 65 (Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields, August 1997)., • Access to the site must be at least 12 feet wide and capable of supporting a 40,000 -pound fire apparatus. • Submittal of a bond or cash deposit to cover the cost of a radio-frequency study and removal of the proposed facilities. • Engineering analysis to ensure that the existing monopole would be able to support the proposed antennas. Radio -Frequency Emissions • A radio-frequency analysis, prepared by a registered electrical engineer, determined that the emissions from the existing and proposed antennas would be less than 1% of the FCC standard for public exposure to radio-frequency emissions. • The proposed operation of the site would be in compliance with the FCC requirements for public exposure to RF radiation. ENVIRONMENTAL REVIEW: This application for a Minor Use Permit to allow the collocation of antennas on an existing communications monopole is Categorically Exempt. from the provisions of the California Environmental Quality Act under Section 15311. Section 15311 consists of construction of minor structures accessory (appurtenant) to existing facilities. Antennas placed on an existing communications monopole are considered to be accessory structures. ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ December 8, 2005 ■ Cingular Wireless MUP 05-05 Agenda Report ■ Page 4 of I I ■ RESOLUTION .oF - 0 K A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING MINOR USE PERMIT 05-05 WHEREAS, the Planning Commission has considered Minor Use Permit 05-05 for Cingular Wireless, in accordance with Chapter 24, Section 41; Minor Use Permits, of the Butte County Code on Assessor's Parcel Number 043-200-005; and WHEREAS, the Planning Commission has determined that project is categorically exempt under Section 15311 in accordance with the California Environmental Quality Act; and WHEREAS, said Minor Use Permit was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a public hearing was held on December 8, 2005; and WHEREAS, the Planning Commission has considered public comments and a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: I. Finds that this project is exempt from the provisions of the California Environmental Quality Act under Section 15311. Section 15311 consists of construction of minor structures accessory (appurtenant) to existing facilities. Antennas placed on an existing communications monopole are considered to be accessory structures. The payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. II. Makes the following Minor Use Permit findings: A. The proposed location, size, design, and operating characteristics of the proposed use are in accordance with the purpose of this Ordinance, the purpose of the zone in which the site is located, the Butte County General Plan, and the development policies and standards of the County because: Conditions of approval have been applied to this project pursuant to the applicable requirements of Section 24-262 (Wireless Communication Facilities). The project is in accordance with the purpose of the zone. in which the land lies and the Butte County General Plan because the project site is designated Commercial and is zoned C-1. The Public land use designation allows public utilities as Secondary Uses. The C-1 zone allows collocations with approval of a Minor Use Permit. ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ December 8, 2005 ■ Cingular Wireless MUP 05-05 Agenda Report ■ Page 5 of 11 ■ B. The location, size, design, and operating characteristics of the proposed use would be compatible with, and would not adversely affect, or be detrimental to adjacent uses, residents, buildings, structures, or natural resources,' with consideration given to: 1. Harmony in scale, bulk, coverage, and density: The proposed antennas would not increase the height of the existing communications monopole or extend horizontally beyond the existing antennas. 2. The availability of public facilities, services and utilities: Electrical power service is already established to the property and no additional services or utilities are required. A water source and a sewage disposal system are not required. 3. The harmful effect, if any, upon desirable neighborhood character: The project site is already developed with a 140 foot tall communications monopole and accessory ground mounted equipment cabinets and shelters. The radio frequency emissions from the existing and proposed antennas would meet FCC standards for public exposure. The proposed antennas would not result in a significant visual impact to the neighborhood in that the new antennas and mounting hardware would be painted to match the color of the existing monopole. The proposed antennas would not generate any noise. The proposed antennas to be mounted on the existing monopole would not have a harmful effect upon the neighborhood character. Only a minor amount of vehicle traffic would be generated during installation of the antennas and equipment cabinet. The communications facility would be unmanned and only one to two site visits per month would be required after installation of the antennas and equipment cabinet. The proposed antennas and the equipment cabinet, would not generate any significant noise levels. 4. The generation of traffic and the capacity and physical character of surrounding streets: The project would result in approximately one site visit per month by maintenance personnel. State Highway 32 (Nord Avenue), which would provide access for the project site, would not be impacted by this increase in vehicular traffic. 5. The suitability of the site for the type and intensity of use or development which is proposed: The site is ideally suited for the project because the proposed antennas would be mounted on an existing communications monopole. 6. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed communication facility application to County Agencies, Caltrans, and the City of Chico and has received no evidence that the use would cause any other relevant impact. ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ December 8, 2005 ■ Cingular Wireless MUP 05-05 Agenda Report ■ Page 6 of 11 ■ C. Based on the above findings, the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be. operated or maintained would not be detrimental to the public health, safety, or welfare, or injurious to properties or improvements in the vicinity. D. The proposed use will comply with each of the applicable provisions of Butte County Code Chapter 24, Section 262. E. This project would place antennas on an existing communications monopole, which eliminates the need for a new communications tower/monopole to be erected elsewhere in the project area. F. The radio-frequency emissions generated by the antennas on the communications monopole. would be below the public exposure limits set by the. Federal Communications Commission for wireless communication facilities. G. The proposed antennas would not create any impacts to aircraft operations because they will not increase the height of the existing communications monopole nor extend horizontally beyond the existing antennas. H. Wireless telephone services are regulated by the California Public Utilities Commission and are considered to be a public use. III. Approves Minor Use Permit 05-05 for Cingular Wireless, subject to the conditions in Exhibit "A" ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ December 8, 2005 ■ Cingular Wireless MUP 05-05 Agenda Report ■ Page 7 of 11 ■ e' BUTTE 5/23/2005 • COUNTY Photosimulation of view looking east from Nord Avenu ftN 2 4 2395 DEVELOPMENT SMWCES Existing antennas -W ' i a.r+""" s''J .,`,• _ tea- .......�...- 7 _�. �•I on; Ilk 14. © Copyright 2005, Previsualists Inc., all rights reserved. Accuracy of this photosimulation based upon information provided by project applicant. Questions! Call 1.877.799.3210 or visit VWVW.PHOTOSIM.COM � ir.;n. ry.n 512312005 BUTTE COUNTY Photosimulation of view looking northeast from the entrance cog Jvte.20 5 4F"4" Ine— Page 1 of 2 Michelena, Mark From: Parkin, Meredith [meredith.parkin@cingular.com] Sent: Monday, December 05, 2005 8:52 AM To: Michelena, Mark Cc: McNichols, Kelley; Kovach, Michael Subject: RE: MUP 05-05 Mark, I have read through the staff report and have three proposed corrections: 1. In the Executive Summary it states that Cingular is collocating at 70.1'. Cingular is to collocate at 70.7' (the "Exhibit A - Minor Use Permit" states it correctly) 2. In the Project Description it states that Cingular is to have two different sizes of antennas - 4.3 square feet and 1.7 square feet. According to the drawings Cingular submitted to the County, only one set of antennas are proposed and they are 57.9'x 10.3'x 5.9'. 3. Under the Site Characteristics (5th down from the top), it states that the existing 140 -foot tall communications monopole has Metro PCS, Cingular Wireless, Verizon Wireless and Nextel as service providers on the pole. Cingular's permit was sold to T -Mobile last year. I don't know if you need to change this or not. Please let me know if you have any questions! Thanks again for your help, Meredith From: Michelena, Mark [mailto:MMichelena@buttecounty.net] Sent: Monday, December 05, 2005 8:11 AM To: Parkin, Meredith Subject: RE: MUP 05-05 Meredith, Somehow you did not receive a copy. I have attached a PDF version. Mark Michelena, Senior Planner Butte County Department of Development Services Planning Division 7 County Center Drive, Oroville, CA 95965 530-538-7376, FAX: 530-538-7785 From: Parkin, Meredith [mailto:meredith.parkin@cingular.com] Sent: Monday, December 05, 2005 7:58 AM To: Michelena, Mark Subject: MUP 05-05 Hi Mark! Do you know when we can expect the staff report for MUP 05-05 (Cingular Wireless collocation)? 12/5/2005 BUTTE COUNTY PLANNING COMMISSION . AGENDA REPORT — DECEMBER 8, 2005 Applicant: Cingular Wireless Supervisor District: 2 File #: MUP 05-05 Request: Minor Use Permit to collocate 12 pannel.antennas (6 initial/ 6 future) at a height of 70.7 feet, along with two future microwave dishes (4 feet and 2 feet) At a height of 68 feet. Along with Associated ground equipment. G.P.: Commercial Zoning: C-1 (Light Commercial) Zone Date: March 30, 1976 APN: 043-200-005 Parcel Size: 1.93 Acres EXECUTIVE SUMMARY: Planner: Mark Michelena Senior Planner Location: On the north side of State Route 32 (Nord Avenue), approximately 1200 feet north of West Sacramento Avenue, at 1298 Nord Avenue, Chico Attachments: A: Resolution with attached Minor Use Permit and Conditions B: General Plan/Zoning Map C: Photo Simulations D: Site Plan The ect would allow the collocation of up to twelve panel antennas (6 initial/6 future) at a'height of 0.1 eet and two microwave dishes at a height of 68 feet on the top of an existing 140 -foot communications monopole and associated ground equipment. Staff recommends approval of this Minor Use Permit with findings and conditions. PROJECT DESCRIPTION: aD • Minor Use Permit to collocate a total of 12 panel antennas at tl � 0.1 moot location of an existing 141 -foot tall communications . monopole. Six antennas would b- einstalled immediately, with six additional antennas installed at a later date. Two microwave dishes are also proposed and would be located at a height of 68 feet • Te- wdri��ere °%es�� panel antennas � be installed — 4 2 squa;e fe 4S Jong -by 13" wide) and 1.CA& • Associated ground equipment will be placed on a 10 -foot by 20 -foot concrete pad within the y / extended lease area. • The proposed panel antennas are to provide improved coverage and capacity for Cingular's'/ network, particularly along State Route 32, and surrounding areas. ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ December 8, 2005 ■ Cingular Wireless MUP 05-05 Agenda Report ■ Page 1 of 11 ■ • The existing communication facility is unmanned, and will remain unmanned, and does not require a water source or a sewage disposal system. • Approximately one visit to the site would be made per month by company technicians to perform routine maintenance. • All new ground mounted equipment would be located within the new leased area. • No advertising or signage is proposed, except signs required by the FCC and emergency contact information. • Exterior lighting will only be lit during maintenance. • Access to the site is, and will continue to be, from State Highway 32 (Nord Avenue). • With this Minor Use Permit, there would be five wireless communication carriers on the existing monopole. SITE CHARACTERISTICS: • The project site is zoned C-1 (Light Commercial) and has a General Plan Land Use designation of Commercial. • The parcels to the north of the site are zoned C-1. The parcels to the west, east, and south are located within the City of Chico and are zoned by the City R-2 (Medium Density Residential), R-3 (Medium -High Density Residential), and R-3 respectively. • Land uses on the surrounding. parcels include the Chico Islamic Center and commercial uses to the north, Union Pacific Railroad tracks to the east, apartments to the south and to the east (across the railroad tracks), and apartments to the west (across Nord Avenue): • The project site is developed with a commercial business that retrofits vans with adaptive equipment for use by individuals with disabilities. • The existing 140 -foot tall communications monopole on the project site was approved in 1994 with Use. Permit 95-22. Minor Use Permits 02-02, 03-03, 04-06 and 05-02 were approved to collocate antennas on the existing monopole. The wireless services providers who have antennas on the monopole include Metro PCS, Cingular Wireless, Verizon Wireless and Nextel. The monopole is owned by American Tower Corporation. • The existing monopole and equipment are located within an existing 2,000 square foot lease area. The project is proposing to add 200 square feet of lease area for additional ground equipment. • The monopole, which is painted a beige color, supports two tall vertical antennas and an array of 12 panel antennas mounted at the top of the monopole, a large microwave dish at the 122 -foot level, an array of six panel antennas at the 120 -foot level, a small microwave dish at the 91 -foot level, and an array of three panel antennas at the 85 -foot level. • The project site is not located within an Airport Compatibility Zone. • The project site is located within the City of Chico's Sphere of Influence and is within the Chico Urban Area. • The project parcel is completely fenced. ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ December 8, 2005 ■ Cingular Wireless MUP 05-05 Agenda Report ■ Page 2 of I I ■ ANALYSIS: • The project would not result in a significant increase in air emissions, fugitive dust emissions, light, noise, or vehicle traffic. • Only a minor amount of construction activity would be required to install the proposed antennas and associated ground equipment. • The proposed antennas are not expected to create any significant visual impacts because they would not increase the height of the existing monopole nor will they extend horizontally beyond the existing antennas. • Photo simulations of the proposed antennas on the existing monopole show that they would not significantly change the appearance of the monopole. • A backup power generator is already on-site and no new power generators are proposed. The existing backup generator is used during commercial power outages and is normally tested twice a month for a period of approximately 30 minutes each. • Comments regarding this project were requested from the City of Chico, which did not request any conditions. • The City of Chico recommended the following conditions on the previous collocation: 1. The combined level of EMF/RF (electromagnetic frequency /radio frequency) radiation for all arrays does not exceed the maximum permissible exposure level set by the FCC. 2. Recommend that all use permits for wireless telecommunications facilities are issued for a period of 10 years (consistent with Chico regulations). The City of Chico's first recommended condition is included as a condition of project approval. The City's second recommended condition — that permits for wireless telecommunications facilities are issued for a period of 10 years — is not consistent with the County's Wireless Facilities Ordinance, which does not set a time limit on wireless facilities. It would be very problematic to impose a 10 -year limit on Nextel's facility and not have the same time limit on the other wireless facilities already on the project site. Butte County Code requires that facilities that are not in continual use for a period of six months be removed. The City of Chico's wireless telecommunications facilities ordinance does allow for a 10 -year extension of the permit (for a total of 20 years) if the facility is still required for wireless communications. Zoning/General Plan Consistency • The project site is designated as Commercial by the Butte County General Plan, which allows public uses as secondary uses (note: wireless communications providers are considered a public utility because they are regulated by the California Public Utilities Commission). • Section 24-141 of the Butte County Code states that communications facilities, including the collocation of antennas on towers/poles, are not permitted in the C-1 zone unless a permit is obtained (subject to the requirements of Butte County Code Section 24-262). Section 24-262(d) states that a Minor Use Permit must be obtained for the collocation of antennas on an existing tower/pole in the C-1 zone. The project has been conditioned to meet the requirements of Section 24-262, including: ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ December 8, 2005 ■ Cingular Wireless MUP 05-05 Agenda Report ■ Page 3 of I 1 ■ • Radio-frequency emissions in excess of FCC standards are not allowed. • Facilities that are not in continual use for a period of six (6) months shall be considered to be abandoned and must be removed. ' • Verification submitted annually' attesting that the radio frequency radiation/electromagnetic frequency (RF/EMF) emitted by the facility conforms to safety standards set forth in FCC Office of Engineering & Technology Bulletin 65 (Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields, August 1997). • Access to the site must be at least 12 feet wide and capable of supporting a 40,000 -pound fire apparatus. • Submittal of a bond or cash deposit to cover the cost of a radio-frequency study and removal of the proposed facilities. • Engineering analysis to ensure that the existing monopole would be able to support the proposed antennas. Radio -Frequency Emissions • A radio-frequency analysis, prepared by a registered electrical engineer, determined that the emissions from the existing and proposed antennas would be less than 1% of the FCC standard for public exposure to radio-frequency emissions. • The proposed operation of the site would be in compliance with the FCC. requirements for public exposure to RF radiation. ENVIRONMENTAL REVIEW: This application for a Minor Use Permit to allow the collocation of antennas on an existing communications monopole is Categorically Exempt from the provisions of the . California Environmental Quality Act under Section 15311. Section 15311 consists of construction of minor structures accessory (appurtenant) to existing facilities. Antennas placed on an existing communications monopole are considered to be accessory structures. ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ December 8, 2005 ■ Cingular Wireless M JP 05-05 Agenda Report ■ Page 4 of I I ■ RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING MINOR USE PERMIT 05-05 WHEREAS, the Planning Commission has considered Minor Use Permit 05-05 for Cingular Wireless, in accordance with Chapter 24, Section 41; Minor Use Permits, of the Butte County Code on Assessor's Parcel Number 043-200-005; and WHEREAS, the Planning Commission has determined that project is categorically exempt under Section 15311 in accordance with the California Environmental Quality Act; and WHEREAS, said Minor Use Permit was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a public hearing was held on December 8, 2005; and WHEREAS, the Planning Commission has considered public comments and a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: I. Finds that this project is exempt from the provisions of the California Environmental Quality Act under Section 15311. Section 15311 consists of construction of minor structures accessory (appurtenant) to existing facilities. Antennas placed on an existing communications monopole are considered to be accessory structures. The payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. II. Makes the following Minor Use Permit findings: A. The proposed location, size, design, and operating characteristics of the proposed use are in accordance with the purpose of this Ordinance, the purpose of the zone in which the site is located, the Butte County General Plan, and the development policies and standards of the County because: Conditions of approval have been applied to this project pursuant to the applicable requirements of Section 24-262 (Wireless Communication Facilities). The project is in accordance with the purpose of the zone in which the land lies and the Butte County General Plan because the project site is designated Commercial and is zoned C-1. The Public land use designation allows public utilities as Secondary Uses. The C-1 zone allows collocations with approval of a Minor Use Permit. ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ December 8, 2005 ■ Cingular Wireless MUP 05-05 Agenda Report ■ Page 5 of I I ■ B. The location, size, design, and operating characteristics of the proposed use would be compatible with, and would not adversely affect, or be detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to: 1. Harmony in scale, bulk, coverage, and density: The proposed antennas would not increase the height of the existing communications monopole or extend horizontally beyond the existing antennas. 2. The availability of public facilities, services and utilities: Electrical power service is already established to the property and no additional services or utilities are required A water source and a sewage disposal system are not required. 3. The harmful effect, if any, upon desirable neighborhood character: The project site is already developed with a 140 foot tall communications monopole and accessory ground mounted equipment cabinets and shelters. The radio frequency emissions from the existing and proposed antennas would meet FCC standards for public exposure. The proposed antennas would not result in a significant visual impact to the neighborhood in that the new antennas and mounting hardware would be painted to match the color of the existing monopole. The proposed antennas would not generate any noise. The proposed antennas to be mounted on the existing monopole would not have a harmful effect upon the neighborhood character. Only a minor amount of vehicle traffic would be generated during installation of the antennas and equipment cabinet. The communications facility would be unmanned and only one to two site visits per month would be required after installation of the antennas and equipment cabinet. The proposed antennas and the equipment cabinet would not generate any significant noise levels. 4. The generation of traffic and the capacity and physical character of surrounding streets: The project would result in approximately one site visit per month by maintenance personnel. State Highway 32 (Nord Avenue), which would provide access for the project site, would not be impacted by this increase in vehicular traffic. 5. The suitability of the site for the type and intensity of use or development which is proposed: The site is ideally suited for the project because the proposed antennas would be mounted on an existing communications monopole. 6. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed communication facility application to County Agencies, Caltrans, and the City of Chico and has received no evidence that the use would cause any other relevant impact. ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ December 8, 2005 ■ Cingular Wireless M1 -JP 05-05 Agenda Report ■ Page 6 of 11 ■ C. Based on the above findings, the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare, or injurious to properties or improvements in the vicinity. D. The proposed use will comply with each of the applicable provisions of Butte County Code Chapter 24, Section 262. E. This project would place antennas on an existing communications monopole, which eliminates the need for a new communications tower/monopole to be erected elsewhere in the project area. F. The radio-frequency emissions generated by the antennas on the communications monopole would be below the public exposure limits set by the. Federal Communications Commission for wireless communication facilities. G. The proposed antennas would not create any impacts to aircraft operations because they will not increase the height of .the existing communications monopole nor extend horizontally beyond the existing antennas. H. Wireless telephone services are regulated by the California Public Utilities Commission and are considered to be a public use. III. Approves Minor Use Permit 05-05 for Cingular Wireless, subject to the conditions in: Exhibit "A" ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ December 8, 2005 ■ Cingular Wireless MUP 05-05 Agenda Report ■ Page 7 of 11 ■ MINOR USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) MUP 05-05 PERMIT NO. 043-200-005 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Cingular Wireless is hereby granted a Minor Use Permit in accordance with application filed to collocate twelve pannel antennas (6 initial/ 6 future) at a height of 70.7 feet, along with two future microwave dishes (4 feet and 2 feet) at a height of 68 feet. Approval is also granted for a 200 square foot (10 foot x 20 foot) expansion lease area for associate ground equipment. The project site is zoned C-1 and has a General Plan land use designation of Commercial. 1. Failure to comply, with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-41. 2. Unless otherwise provided for in a special condition to this Minor Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within 12 months of the delivery of the countersigned permit to the Permittee. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Minor Use Permit has been granted is not established within one year of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 5. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. ■. Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ December 8, 2005 ■ Cingular Wireless MUP 05-05 Agenda Report ■ Page 8 of 11 ■ Conditions of Approval: Planning Division 1. The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. Said site plan is on file in the Planning Division, is identified as "Attachment E" and date-stamped June 24, 2005, and is incorporated herein by this reference. 2. The new antennas and mounting hardware shall be painted to match the color of the existing monopole. 3. The installation of the Facility shall comply with all applicable building and electrical codes. The Facility operator shall submit certification from a registered structural engineer to the Building Division that all associated monopoles and towers in excess of thirty (30) feet in height will withstand sustained winds as required by the Uniform Building Code. 4. No advertising or display shall be permitted on the Facility. 5. The placement of any antenna or structure shall not adversely affect any on-site sewage disposal system or its repair area without written approval from the Division of Environmental Health. 6. The installation of the Facility shall not violate any existing deed restrictions. 7. The Facility shall have a twelve (12) foot wide all-weather access to a publicly maintained road capable of supporting a forty thousand (40,000) pound fire apparatus with fifteen (15) feet of vertical clearance. 8. There shall be no outdoor vehicle or equipment storage except for emergency purposes 9. The Facility shall fall within current standards and regulations of the FAA, the FCC, and any other State and/or Federal agency with the authority to regulate such Facility. If such standards and regulations are changed, the property owner or responsible party shall bring the Facility into compliance with such revised standards and regulations within ninety (90) days of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling agency. 10. The Facility or "combination of the Facilities on the site shall not generate, at any time, electromagnetic frequency radiation (EMF) or radio frequency radiation (RF) in excess of the FCC adopted standards for human exposure, as amended over time. 11. If it is found that the Facility is or will be detrimental to the health, safety, or welfare of persons working or residing near such facility, then the service provider(s) and property owner shall be jointly and solely responsible for the removal, adjustment, or replacement of the Facility. In no case shall the Facility remain in operation if it is found to create a hazard to health, safety, and welfare. The Facility shall not be found to create a hazard to health, safety, or welfare as a result of EMF or RF emissions from the Facility so long as it meets all current standards established by the FCC, pursuant to FCC OET 65. 12. Prior to issuance of the Minor Use Permit, the applicant shall post a performance security in an amount and form determined by the Director of Development Services that is sufficient to cover the cost of a one-time test by a radio frequency consultant selected by the County, sufficient to determine whether the Facility's RF/EMF emissions comply with FCC standards. ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ December 8, 2005 ■ Cingular Wireless MUP 05-05 Agenda Report ■ Page 9 of 11 . If the Facility's emissions are determined to exceed FCC standards, the applicant is required to pay for such other tests and other corrective measures as are necessary to establish compliance with FCC OET 65 and its successors and such noncompliance shall constitute sufficient grounds to commence a permit revocation hearing which may lead to permit revocation. The applicant shall cooperate in all respects with the County's consultant to assist the consultant to reach his/her conclusion. 13. All Facilities that are not, in continual use for a period of six (6) months shall be considered abandoned. Abandoned Facilities are hereby designated as unlawful and as public nuisances, requiring no amortization period. 14. The Facility may not encroach into, under, over, above, or upon any public street in the unincorporated area of the County in the absence of a valid encroachment permit from the County. 15. The owner/operator of the Facility shall annually submit a written verification, attested to under penalty of perjury, signed by both the owner/operator and an FCC licensee in the employ of or retained by the owner/operator, that the radio frequency radiation/electromagnetic frequency (RF/EMF) emitted by the facility conforms to safety standards set forth in FCC OET 65. The reports prepared for the Facility shall conform to reporting requirements set by the FCC and the County. The reports shall be submitted to the Planning Division no later than January 31 of each year. 16. The Facility shall be secured at all times to prevent access by the public. 17. The collocation of the antennas allowed by this Minor Use Permit requires the issuance of a building permit from the Butte County Building Division. The Building Division, based upon engineered calculations submitted by the applicant, may determine that the monopole cannot physically support the requested number of antennas. If that is the case, the number of new antennas allowed on the monopole may be less than the number of antennas permitted by this Minor Use Permit. California Department of Forestry/Butte County Fire 18. Prior to building construction, provide an all weather access of at least 10 feet wide and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000 pound fire apparatus to within 150 feet of all structures. Environmental Health Division 19. Prior to issuance of a building permit, provide a completed Hazardous Materials and Emissions Questionnaire. Pacific Gas and Electric 20. Any relocation or rearrangement of any existing PG&E facilities in the area to accommodate this project will be at the expense of the developer. 21. There shall be no building of structures, or the storage of materials allowed over or under any existing PG&E facilities, or inside any easements that exist which would infringe on PG&E easement rights. ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ December 8, 2005 ■ Cingular Wireless MUP 05-05 Agenda Report ■ Page 10 of 11 ■ County Counsel 22. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. NOTE: Issuance of this Minor Use Permit does not waive requirement of obtaining Building and Health Division permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman cc: Land Development Division Building Division Environmental Health Division Butte County Fire Department/CDF Assessors Office k:\planning\projects\mup\cingular wireless 05-05\karaninski - cingular wireless mup 05-05 agenda report fmal.doc ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ December 8, 2005 ■ Cingular Wireless MUP 05-05 Agenda Report ■ Page •11 of 11 ■ Butte CountyDepartTnent of Development Services PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * PLANNING November 22, 2005 Cingular Wireless 1298 Nord Ave Chico, CA 95926 Re: MUP 05-05, AP: 043-200-005 Gentlemen: Enclosed is a copy of the Agenda Report concerning your application for a To co -locate 12 panel antennas (6 initial/6 future) at a height of 70.7 ft, along with two future microwave dishes (4' and 2')'at a height of 68 ft. Associated ground equipment will be placed on a 10 ft x 20 ft concrete pad within the extended lease area on property zoned C-1 (Light Commercial) and located On the north side of Highway 32 (Nord Avenue), approximately 1200 feet north of West Sacramenio Avenue at 1298 Nord Avenue, Chico. Should you have any concerns with the report or conditions of approval, please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for December 8, 2005, at 9:00 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter, please contact Mark Michelena of this office at 538- 7376, between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, nn ll Lynn Richardson Commission Clerk Enc. cc: Peek Site Com Ken Karasinski Environmental Health Land Development K:\letters\merge letters\SCHEDULE.dot BUTTE COUNTY PLANNING COMMISSION NOTICE OF A PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that a public hearing is published for Thursday, December 8, 2005, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item: ITEM DETERMINED TO BE CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW Name: Cingular Wireless Project: Minor Use Permit MUP 05-05 Planner: Mark Michelena APN: 043-200-005 Zoning: C-1 Location: On the north side of Highway 32 (Nord Avenue), approximately 1200 feet north of West Sacramento Avenue at 1298 Nord Avenue, Chico Proposal: To co -locate 12 panel antennas (6 initial/6 future) at a height of 70.7 ft, along with two future microwave dishes (4' and 2') at a height of 68 ft. Associated ground equipment will be placed on a 10 ft x 20 ft concrete pad within the extended lease area. The above mentioned application is on file and available for public viewing at the office of the Butte County Development Services Department, Planning Division, 7 County Center Drive, Oroville, California. For information call: Mark Michelena, (530) (916) 390-9086, (Monday through Friday, 8:00 a.m. to 4:00 p.m.) Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above or as maybe continued to a later date. Upon. action taken by the Planning Commission on the project an appeal may be filed with the Clerk of the Board of Supervisors. The appeal period is 10 days. If you challenge the above application in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES To be published in the Chico Enterprise Record, Tuesday, November 22, 2005 -UNITED STATES POSTAL SERVICE ---- SEN 73 BU PM CnrT 10 JAtd • Sender: J (sTri� ' ur,n�r JEVEWPMENT rst-C Pos a e 'd C71-na /0 6725 -Go coy fisit „111111111111M1111111i11�1lr��:{1r�lr�illre�l,�,i,11��i Butte County :" ar Department of Development Services 7. County Center. Drive ' Oroville, CA 95965-3397,. RETURN SERVICE REQUESTED rst-C Pos a e 'd C71-na /0 6725 -Go coy fisit „111111111111M1111111i11�1lr��:{1r�lr�illre�l,�,i,11��i ■ Complete items 1; 2, and 3.. Also complete . item 4 if Restricted Delivery is desired. . •■ Print your. name and address on the reverse . so that we can return the card to you. ,. ■ Attach this card to the back of the mailpiece, __.or on the front if space permits. 1. Article Addressed to: Wak1Site.Com�!`' s . fAttn ; rTodd`PT i-eak Q',,s.. 853 Lmcol'n'.;Way Auburn` ' 95603 1 t �r� A. Received by (Please Print Clearly) B. Da of livery C. Si na r X ❑ Agent ❑ Addressee D.`;Is delivery address different from item 1? ❑ Yes .!,If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Copy from service label) 7.0 0 2 2410:0006 . 2 8 3 6 6 810 i i i !j i ii iii iij j;;;- - PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 ! UNITED STATES POSTAL SERVICE E" T T 0 C'7 n A,,4 • name, I cl, Sender: Please print yo'�r-n me address, and. ZIP+41h-this- box - Butte County. Department of Development Services 7 Co6nty Center Drive Oroville, CA 95965-3397, RETURN ��TURN SERVICE REQUESTED ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■_ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: FY�C >fi �:Attn. G�Meredrth• Parkin fv>�j{ z'3851j;North-Freeway Blvd:r h•Sacramento; CA`' 95834' hilts 14 I141t ft rv. A r Received y_(Ple_ase Print C/eaA/ n y) I B. f C. Signattxe X (L4 D. Is delivery address dH If YES, enter delivery ❑ Agent / ❑ Addressee n item 1? ❑ Yes below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Copy from service Mabel ;;; 7 .002 2410 0006 2 8 3 6 6827 �PS Form*3811, Juiy `1999 ; Domestic Return Receipt 102595.00-M-0952 Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * PLANNING December 23, 2005 Cingular Wireless Attn: Meredith Parkin 3851 North Freeway Blvd. Sacramento, CA 95834 CERTIFIED MAIL Re: Minor Use Permit, MUP 05-05, APN 043-200-005 Dear Cingular Wireless: Enclosed is your validated Minor Use Permit To co -locate 12 panel antennas (6 initial/6 future) at a height of 70.7 ft, along with two future microwave dishes (4' and 2') at a height of 68 ft. Associated ground equipment will be placed on a 10 ft x 20 ft concrete pad within the extended lease area, # MUP 05-05. Should you have any questions regarding this matter, please contact this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Sherry L. Viernes Office Specialist Senior Enc cc: Land Development Division (g) Building Division (y) Environmental Health (p) Department of Forestry (gld) Larry Painter (prpl) COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION ounty Center Drive °� oville, CA 95965-3397 `° N( +iii . LIV. �AD 41 0 012H16206602 L $04A20- 12127/2005 • � = Mailed From 95965 US POSTAGE , Cingular Wireless 1298 Nord Avenue Chico, CA 95926 4, BUTTE COUNTY JAN 0 5 2006 DEVELOPMENT SERVICES ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Cingular Wireless 1298 Nord Avenue Chico, CA 95926 A. Signature X ❑ Agent I ❑ Addressee B. Received by (Printed Name) C. Date of Delivery I D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No j 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes n111UC"u"71 7002 2410 0006 2836-6780 (Transfer from service label) PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1540 December 23, 2005 Cingular Wireless 1298 Nord Ave Chico, CA 95926 CERTIFIED MAIL 0 Ll Butte County Department ofDevelopment Services Tim Snellings, Director www.buttecounty.netldds 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * PLANNING Re: Minor Use Permit, MUP 05-05, APN 043 -200 - Dear Cingular Wireless: Enclosed is your validated Minor Use Permit To co -locate 12 panel antennas (6 initial/6 future) at a height of 70.7 ft, along with two future microwave dishes (4' and 2') at a height of 68 ft. Associated ground equipment will be placed on a 10 ft x 20 ft concrete pad within the extended lease area, #-MUP 05-05. Should you have any questions regarding this matter, please contact this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Sherry L. V ernes Office Specialist Senior Enc. cc: Land Development Division (g) Building Division (y) Environmental Health (p) Department of Forestry (gld) Larry Painter (prpl) MINOR USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) MUP 05-05 PERMIT NO. 043-200-005 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Cingular Wireless is hereby granted a Minor Use Permit in accordance with application filed to collocate twelve pannel antennas (6 initial/ 6 future) at a height of 70.7 feet, along with two future microwave dishes (4 feet and 2 feet) at a height of 68 feet. Approval is also granted for a 200 square foot (10 foot x 20 foot) expansion lease area for associate ground equipment. The project site is zoned C-1 and has a General Plan land use designation of Commercial. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-41. 2. Unless otherwise provided for in a special condition to this Minor Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within 12 months of the delivery of the countersigned permit to the Permittee. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Minor Use Permit has been granted is not established within one year of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 5. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. Conditions of Approval: Planning Division . 1. The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. Said site plan is on file in the Planning Division, is identified as "Attachment E"- and date-stamped June 24, 2005, and is incorporated herein by this reference. 2. The new antennas and mounting hardware shall be painted to match the color of the existing monopole. 3. The installation of the Facility shall comply with all applicable building and electrical codes. The Facility operator shall submit certification from a registered structural engineer to the Building Division that all associated monopoles and towers in excess of thirty (30) feet in height will withstand sustained winds as required by the Uniform Building Code. 4. No advertising or display shall be permitted on the Facility. 5. The placement of any antenna or structure shall not adversely affect any on-site sewage disposal system or its repair area without written approval from the Division of Environmental Health. 6. The installation of the Facility shall not violate any existing deed restrictions. 7. The Facility shall have a twelve (12) foot wide all-weather access to a publicly maintained road capable of supporting a forty thousand (40,000) pound fire apparatus with fifteen (15) feet of vertical clearance. 8. There shall be no outdoor vehicle or equipment storage except for emergency purposes. 9. The Facility shall fall within current standards and regulations of the FAA, the FCC, and any other State and/or Federal agency with the authority to regulate such Facility. If such standards and regulations are changed, the property owner or responsible party shall bring the Facility - into compliance with such revised standards and regulations within ninety (90) days of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling agency. 10. The Facility or combination of the Facilities on the site shall not generate, at any time, electromagnetic frequency radiation (EMF) or radio frequency radiation (RF) in excess of the FCC adopted standards for human exposure, as amended over time. 11. If it is found that the Facility is or will be detrimental to the health, safety, or welfare .of persons working or residing near such facility, then the service provider(s) and property owner shall be jointly and solely responsible for the removal, adjustment, or replacement of the Facility. In no case shall the Facility remain in operation if it is found to create a hazard to health, safety, and welfare. The Facility shall not be found to create a hazard to health, safety, or welfare as a result of EMF or RF emissions from the Facility so long as it meets all current standards established by the FCC, pursuant to FCC OET 65. 12. Prior to issuance of the Minor Use Permit, the applicant shall post a performance security in an amount and form determined by the Director of Development Services that is sufficient to cover the cost of a one-time test by a radio frequency consultant selected by the County, sufficient to determine whether the Facility's RF/EMF emissions comply with FCC standards. If the Facility's emissions are determined to exceed FCC standards; the. applicant is required to pay for such other tests and other corrective measures as are necessary to establish compliance with FCC OET 65 and its successors and such noncompliance shall constitute sufficient grounds to commence a permit revocation hearing which may lead to permit revocation. The applicant shall cooperate in all respects with the County's consultant to assist the consultant to reach his/her conclusion. 13. All Facilities that are not in continual use for a period of six (6) months shall be considered abandoned. Abandoned Facilities are hereby designated as unlawful and as public nuisances, requiring no amortization period. 14. The Facility may not encroach into, under, over, above, or upon any public street in the unincorporated area of the County in the absence of a valid encroachment permit from the County. 15. The owner/operator of the Facility shall annually submit a written verification, attested to under penalty of perjury, signed by both the owner/operator and an FCC licensee in the employ of or retained by the owner/operator, that the radio frequency radiation/electromagnetic frequency (RF/EMF) emitted by the. facility conforms to safety standards set forth in FCC OET 65. The reports prepared for the Facility shall conform to reporting requirements set by the FCC and the 2 County. The reports shall be submitted to the Planning Division no later than January 31 of each year. 16. The Facility shall be secured at all times to prevent access by the public. 17. The collocation of the antennas allowed by this Minor Use Permit requires 'the issuance of a building permit from the Butte County Building Division. The Building Division, based upon engineered calculations submitted by the applicant, may determine that the monopole cannot physically . support the requested number of antennas. If that is the case, the number of new antennas allowed on the monopole may be less than the number of antennas permitted by this Minor Use Permit. Pacific Gas and Electric 18. Any relocation- or rearrangement of any existing PG&E facilities in the area to accommodate this project will be at the expense of the developer.. 19. There shall be no building of structures, or the storage of materials allowed over or under any. existing PG&E facilities, or inside. any easements that exist which would infringe on PG&E easement rights. - County Counsel 21. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. NOTE: Issuance of this Minor Use Permit does not waive requirement of obtaining Building and Health Division permits before starting construction, nor does it waive any other requirements. cc: Land Development Division Building Division Environmental Health Division Butte County Fire Department/CDF Assessors Office Butte County Planning Commission Chairman 3 ' FILE COPY MEMORANDUM PLANNING DEPARTMENT TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: Cingular Wireless, MUP 05-05 DATE: December 23, 2005 Pursuant to Section 65863.5 of the Government Code, the following parcel, identified as 043-200-005, was: Rezoned from to zoning district. Granted a variance to X Issued a conditional To co -locate 12 panel antennas (6 initial/6 future) at a height of 70.7 ft, along with two future microwave dishes (4' and 2') at a height of 68 ft. Associated ground equipment will be placed on a 10 ft x 20 ft concrete pad within the extended lease area On the north side of Highway 32 (Nord Avenue), approximately 1200 feet north of West Sacramento Avenue at 1298 Nord Avenue, Chico, zoned C-1, (Light Commercial) K:\Planning\PROJECTS\MUP\CINGULAR (Karasanski) MUP 05-05\Cingular MUP Approval Itr (mUP 05-05; APN 043- 200-005) 12 23.05.doc 2 F, T �; �.�. ,1 a �.;��•,��� _ ��,v�♦..•��'A ��► � '. !i''o '44 l x.11. .♦ .'.� 2-•v� ,�'* � � �I��1 moi• �`•• ���i � �0.4 :j��� � � � ���i �i�� / , �,� I ��,�: ���I. r� � ♦�� � � . ,•�` %oloo lob., � ............/I 047dylo �j ■ /./.�/►1 � / /,•<♦♦i � ��i��I ����1��/ i /���I���� I SII "#ff4Olor MOO OEM r ■� � � / v via �' � � % � ♦i �G � � � �I �; .>■ ►tommd I 7n �• d L� ,. ,iI .♦,��/ .,� qw •I• A a�lQL;L 04OF � RAJ ■ � C��C . O �� 00 ��'—'� �m � Fir / ■ ■❑ _ r / OAF ���■■ no po 000 ` ® �� r��'!i ��� �■ NNW 490 245 0 490 980 1,470 1,960 2,450 2,940 3,430 3,920 4,410 Butte County Department of Development Services Planning Memorandum June 29, 2005 FILE COPY To: Inter -Departmental Review Committee Subject: Karasinski, Ken & Ellen, MUP 05-05 Planner: Mark Michelena APN: 043-200-005 Location On the north side of Highway 32 (Nord Avenue), approximately 1200 feet north of West Sacramento Avenue at 1298 Nord Avenue, Chico 30 -Day Complete: 7/23/2005 Date of IDR: 7/13/2005 Please respond by July 11, 2005, regarding completeness of application. Do you find this application complete? ❑ I No. What is needed to make the application complete? ❑ Yes. Conditions and/or mitigation measures (please respond by July 28, 2005). Standard Conditions are attached for your convenience. Signature: Date: (Please send your response to mmichelena @buttecounty.net.) This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps, has been sent to Environmental Health, LAFCo, County Counsel, the Assessor's office, the Public Works Director, the Agricultural Commissioner, CDF, and the Building Manager. All Environmental Health correspondence is routed through Mary Johnston at 7 County Center Drive. The purpose of this notice is to give you the opportunity to comment on the completeness of this application electronically to the planner, so that preparations can be made for the IDR meeting on 07/11/05. 0 0 BUTTE COUNTY STANDARD CONDITIONS FOR MINOR USE PERMITS APPLICANT: Cingular Wireless DATE: 6/24/2005 AGENT: Peek Site Com APN: 043-200-005 FILE #: MUP 05-05 PLANNER: Mark Michelena PROJECT DESCRIPTION: To co -locate 12 panel antennas (6 initial/6 future) at a height of 70.7 ft, along with two future microwave dishes (4' and 2') at a height of 68 ft. Associated ground equipment will be placed on a 10 ft x 20 ft concrete pad within the extended lease area. Those items checked are conditions of approval. PLEASE CONTACT THE ENVIRONMENTAL HEALTH DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. SEWAGE DISPOSAL AREAS ❑ I. Meet the sewage disposal requirements of Butte County Code Section 26-26 for the installation of sewage disposal systems within a flood plain/floodway. ❑ 2. In the nitrate area record executed Future Sewer Service and Storm Drainage Agreements. ❑ 3. Meet the requirements of the (Watershed Protection Zone) (Villa Verona Moratorium Area) (Cohasset Specific Plan). B. EXISTING COMMUNITY SEWER ❑ 1. Prior to the issuance of the Minor Use Permit, under permit issued by the Environmental Health Division, abandon the septic tank and connect the dwelling(s) on (lots) (parcel(s)) to public sewer. C. INDIVIDUAL WATER SUPPLY ❑ 1. Prior to the issuance of the Minor Use Permit, provide a source of domestic water for the building on (lot) (parcel) ❑ 2. Prior to the issuance of the Minor Use Permit, verify that domestic water can be provided to meet minimum standards for and other suspected contamination. D. PUBLIC WATER SUPPLY ❑ 1. Prior to the issuance of the Minor Use Permit, verify that domestic water can be provided to meet minimum standards for and other suspected contamination. BUTTE COUNTY STANDARD CONDITIONS FOR MINOR USE PERMITS APPLICANT: Cingular Wireless DATE: 6/24/2005 AGENT: Peek Site Com APN: 043-200-005 FILE #: MUP 05-05 PLANNER: Mark Michelena PROJECT DESCRIPTION: To co -locate 12 panel antennas (6 initial/6 future) at a height of 70.7 ft, along with two future microwave dishes (4' and 2') at a height of 68 ft. Associated ground equipment will be placed on a 10 ft x 20 ft concrete pad within the extended lease area. Those items checked are conditions of approval. PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. BUILDING PERMITS ❑ 1. Prior to building permit issuance for a new residential dwelling unit(s), the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees, shall include, but not be limited to: Park Fee, School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. ❑ 2. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees shall include, but not be limited to: School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. B. EXISTING STRUCTURES ❑ I. Comply with the Uniform Building Code for property line clearances considering use, area, and fire resistant construction of existing buildings. ❑ 2. Existing building(s) shall be made to comply with current Building and Zoning regulations for the intended new use of the building(s) or the existing building(s) shall be demolished. BUTTE COUNTY STANDARD CONDITIONS FOR MINOR USE PERMITS APPLICANT: Cingular Wireless AGENT: Peek Site Com FILE #: MUP 05-05 DATE: 6/24/2005 APN: 043-200-005 PLANNER: Mark Michelena PROJECT DESCRIPTION: To co -locate 12 panel antennas (6 initial/6 future) at a height of 70.7 ft, along with two future microwave dishes (4' and 2') at a height of 68 ft. Associated ground equipment will be placed on a 10 ft x 20 ft concrete pad within the extended lease area. Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. FIRE PROTECTION ❑ 1. Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations— Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. ❑ 2. Prior to construction, a pressurized community water system for fire protection is required. Bonding may be allowed with the approval of the County Fire Chief. Average required hydrant spacing is feet, hydrant size inches, and residual fire flow of GPM. Fire hydrant identification, road reflectors or post reflectors acceptable to the County Fire Chief shall be installed or bonded, prior to Parcel or Final map recordation. Submit plans to the Fire Department for review and approval prior to construction. ❑ 3. Place a note on a separate document and recorded concurrently with the Parcel, Final map or an additional map sheet stating that "Fire suppression sprinkler systems shall be installed in all new residential dwellings in accordance with NFPA Standard 13D, unless a pressurized community water system with hydrants that meet Fire Department specifications serves the property." A note stating "Automatic Fire Sprinklers conforming to NFPA Standard 13D required" is to be added to all affected building plans. ❑ 4. In lieu of hydrant installation, prior to recordation of the Parcel or Final map, payment shall be made into the hydrant fund at the current rate per lineal foot of street frontage. ❑ 5. Prior to building construction, provide an all weather access of at least 10 feet wide and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000 -pound fire apparatus to within 150 feet of all structures. ❑ 6. Place a note on a separate document, which is to be recorded concurrently with the Parcel or Final map, or on an additional map sheet stating, "Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the time of permit issuance and maintained continuously thereafter. • 0 BUTTE COUNTY STANDARD CONDITIONS FOR MINOR USE PERMIT APPLICANT: Cingular Wireless AGENT: Peek Site Com FILE #: MUP 05-05 DATE: 6/24/2005 APN: 043-200-005 PLANNER: Mark Michelena PROJECT DESCRIPTION: To co -locate 12 panel antennas (6 initial/6 future) at a height of 70.7 ft, along with two future microwave dishes (4' and 2') at a height of 68 ft. Associated ground equipment will be placed on a 10 ft x 20 ft concrete pad within the extended lease area. Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. STREETS ❑ 1. Prior to the issuance of building permits, obtain an encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. ❑ 2. Prior to the issuance of building permits, deed to Butte County, in fee simple, _ feet of right-of-way from the centerline of The right of way shall be sufficient for the installation of standard No. S-5 at all street intersections. ❑ 3. Prior to the issuance of building permits, submit road and drainage improvement plans for the installation and construction of the street frontage improvements on to standard, including but not limited to P.C.C. curb, gutter and sidewalk and the required street section for parcels with gross acreage of one acre or less. Construct or install the required improvements. ❑ 4. Prior to the issuance of building permits, dedicate a one foot "no access strip" or relinquish abutters rights to Butte County, along the frontage of parcels, except at approved access points. B. DRAINAGE ❑ 1. Prior to the recordation of the issuance of building permits, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. ❑ 2. Prior to the issuance of building permits, establish 100 -year floodplain elevations and the lowest floor elevations for any structures. Show on the site plan map for building permits the elevations (by contours) and the location of an accepted NVGD benchmark and a temporary benchmark on-site. C. LEGAL LOT STATUS ❑ 1. Prior to the issuance of the Minor Use Permit, prove, to the satisfaction of the Director of Public Works, that the parcel of the subject application is a legal parcel. • 0 Butte County Department of Development Services Planning . Memorandum June 28, 2005 To: Inter -Departmental Review Committee Subject: Karasinski, Ken & Ellen, MUP 05-05 Planner: Mark Michelena APN: 043-200-005 Location On the north side of Highway 32 (Nord Avenue), approximately 1200 feet north of West Sacramento Avenue at 1298 Nord Avenue, Chico 30 -Day Complete: 7/23/2005 Date of IDR: 7/13/2005 Please respond by July 11, 2005, regarding completeness of application. Do you find this application complete? [:11 No. What is needed to make the application complete? ❑ Yes. Conditions and/or mitigation measures (please respond by July 28, 2005). Standard Conditions are attached for your convenience. Signature: Date: (Please send your response to mmichelena @buttecounty.net.) This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps, has been sent to Environmental Health, LAFCo, County Counsel, the Assessor's office, the Public Works Director, the Agricultural Commissioner, CDF, and the Building Manager. All Environmental Health correspondence is routed through Mary Johnston at 7 County Center Drive. The purpose of this notice is to give you the opportunity to comment on the completeness of this application electronically to the planner, so that preparations can be made for the IDR meeting on 07/11/05. Butte CountyDe a• ent o Develo inent Service' p f Ps PLANNING DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile June 28, 2005 TO: Agency or Department FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Cingular Wireless Minor Use Permit MUP 05-05 APN: 043-200-005 DATE OF Inter -Departmental Review: 7/13/2005 IDR RESPONSE REGARDING COMPLETENESS OF APPLICATION DUE BY: July 11, 2005 AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: July 28, 2005 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, to be determined at the Inter -Departmental Review (IDR) Committee meeting on 7/13/2005, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: To co -locate 12 panel antennas (6 initial/6 future) at a height of 70.7 ft. along with two future microwave dishes (4' and 2') at a height of 68 ft. Associated ground equipment will be placed on a 10 ft. x 20 ft. concrete pad within the extended lease area. PROJECT LOCATION: On the north side of Highway 32 (Nord Avenue), approximately 1200 feet north of West Sacramento Avenue at 1298 Nord Avenue, Chico. COUNTY SUPERVISOR DISTRICT NO.: 2 ZONING: C-I((Light Commercial)) GENERAL PLAN: C(Commercial) If a response cannot be submitted prior to the due dates listed above, please call Mark Michelena at (530) 538-7376 or send him an email at mmichelena@buttecounty.net. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. IDR' COMMITTEE—:APPLICATION`COMPLETE: , a�, No (Please send response to Mark Michelenaby 7/13/05) ❑ Yes (Conditions/mitigation measures due by 7/28/05) Document] "DRAFT" LEAD IN SHEET FILENO: M li%l' Qs'05-- AP# G"I 3—,204 -100 OWNER: 6,11- 0 FINAL REQUEST: (to be filled out by project planner) _T° Co & ea,de— 0 !. �o M,kcd I( &4-0 ) cc•1- Q a(cIA4-- W- 70.7 ke4-:, 0,(A)MI r/�A, `f W'3 fv,y�e cr-vo wa -e, d<sG�.o/J CN.` ac4 2 ' I r, � a G�m1f,1--n f-ai-- Revue- hs1oc SIZE: SUPERVISORIAL DISTRICT # EXISTING ZONING: 1 GENERAL PLAN DESIGNATION: ASSIGNED PLANNER: PLANNER'S INITIALS Date Application Received ('h-qA� Date Project Assignedh� IDR Date -71"105 05 30 Day Complete �I�� 10S Tentative Hearing Date K:\P1anning\Forms\L,ead In Sheet.doc /Y A COMMENT DISTRIBUTION LIST County Offices and Cities: Chief Administrative Officer X Develop. Services Director X Environmental Health' X Assessor Sheriff _ BCAG X LAFCo _ Air Quality Mgmt. _ Biggs _ Gridley _ Oroville _ Paradise _ Information Systems Dept. _ Animal Control X County Counsel _ National Marine Fisheries Service Irrigation District: _ Butte Water —Biggs/W. Gridley Water _ South Feather Water & Power Agency _ Paradise Irrigation —Table Mountain Irrigation _ Thermalito Irrigation District Domestic Water _ Butte Water District _California Water Service Co. _ OWID _ Thermalito Irrigation District Sewer _ Butte Water District _ Themalito Irrigation Skansen Subdivision (CSA 21) _ L.O.A. PUD Fire Protection X California Department of Forestry Recreation Districts _ Chico Area Recreation Paradise Recreation & Park Utilities PG&E State Agencies _ EI Medio Fire Protection District _ Durham Area Recreation Richvale Recreation & Parks _ Chambers Cable TV Viacom Cable TV _ CalTrans (Traffic) _ Dept. of Water Resources _ Forestry (Attn: Craig Carter) _ Dept of Parks and Rec. _ CA Reg. Water Quality Control Board _ Caltrans, Aeronautics Program _ Department of Conservation _ Office of Mining Reclamation Dept.Social Services, Comm.Care Licensing Chico Federal Agencies Chico Airport Commission _ US Forest Service _ US Bureau of Land Management Army Corps of Engineers _ National Marine Fisheries Service Other Districts, Agencies, Committees, etc. _ Lime Saddle Dist _ Drainage _ Reclamation _ Butte Co. Mining Committee _Paradise Pines Com. Assoc. _Mosquito Abatement District. _ Community Association _ Butte Env.l Council _ Cal Native Plant Society _ Forest Ranch Community Assoc. Butte Creek Watershed Conservancy X Public Works Director X Building Manager _ ALUC Butte Co. Farm Bureau Chico Chico Airport Commission X Agricultural Commission _ Durham Irrigation _ Richvale Irrigation Other _ Del Oro Water Co. _ Other _ Sterling City Sewer Main Feather River Rec. & Park _ SBC _ Dept. of Fish and Game Highway Patrol Office of Governmental & Env. Relations US Fish & Wildlife Service School Districts K:\Planning\Forms\DISTR.wpd ue qS-OIa C(0-2?-qq) WW (,o ( o c a jz lel �r�2 p� C W v✓4 {'U.�T J� e. F��tIoS CGY/l t �a✓ o /6 r ftiWr 03-01 - Ce)to ca.� S LZC 4-s`r r+ AA4-e;vtw Qav L') -J- � &L -f P-� CQ0-SL-Q to�qa.L ate_ CNI if +u-� PLO -c`-5LC" c�, gjkti� bc"k-o—C a"A-a t� C,�-'fese P -o` BUTTE COUNTYLETTER OF AuTHORIZATlON JUN 2 4 2305 APPLICATION FOR ZONING/LAND USE ENTITLEMENTS DEVELOPMENT Site Name/Number: N. Chico, CA (ATC #82596) SERVICES Property Address: 1298 Nord Avenue, Chico, CA 95926 The undersigned Properly Lessee of the above described property hereby authorizes Cingular Wireless, their employees, representatives, agents, and/or consultants, to act as an agent on Property Lessee's behalf for the sole purpose of consummating any building and land -use permit applications, or any other entitlements necessary for the purpose of constructing and operating a wireless telecommunications facility. Property Lessee understands that any application may be denied, modified, or approved with conditions, and that such conditions or modifications must be complied with prior to issuance of building permits; provided, however, that said modifications and/or conditions shall be approved of, in advance, in writing, by Property Lessee. Property Lessee further understands that Cingular Wireless will assume any and all costs and fees associated with processing said applications and permits. It is understood that the consent herein given by Property Lessee does not constitute a commitment by Property Lessee to lease or otherwise convey rights to the tower to Cingular Wireless and that such conveyance shall only be accomplished by the execution of a further agreement by both parties. It is understood that signing of this authorization in no way creates an obligation of any kind. Signature of Property Lessee(s): American Tower Delaware Corporation, a Delaware corporation, a wholly owned su0sidiary of American Tower Corporation, a [.Delaware corporation Y acher , Director, Colocation & Administrator CDale: State of Massachusetts ) SS. County of Middlesex ) On this, the - -OS` day of Mareit, 2005, berare me, t ^ 11,0 IF Notary Public, personally appeared Yannis Macberas persontilly known to me ® proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hedtheir au thoriyt;d.capacity(ies). and that by his/her/their signature(s)on the jjtswment the person(s), or the entity on behalf of which the peirson(s) acted, executed the instrument,' nM acs Witness my hand and official seal. NOTARY PUSUC r' C0MM0NftkTH:0f CNASSA6HU5ETlS W COMMISSION WMES .. _ 1 .,+,� 985/11' Notary's Signature • . BUTTE COUNTY JUN 2 4 2005 ULS License - PCS Broadband License - KNLG398 - New Cingular wireless PCSJLL-VE-�j-I)tMENT ULS License - PCS Broadband License - KNLG398 - New Cingular wireless PCS, LLke-M SMES License PCS Broadband License KNLG398 - New Cingular wireless PCS, LLC Call Sign KNLG398 Radio ServiceCw - PCS Broadband StatusActive Auth TypeRegular Market MarketBTA079 - Chico-Oroville, CA Channel Block D Submarket0 Associated Frequencies (MHz)1865.00000-1870.00000 1945.00000-1950.00000 Dates Grant04/28/1997 Expiration04/28/2007 Effective10/28/2004 Cancellation Buildout Deadlines lst04/28/2002 2nd Noti f i cati on' Dates ist04/15/2002 2nd Licensee Licensee ID SGINL00024153 000 FRN0003291192 TypeCorporation Licensee New Cingular wireless PCS, LLC 17330 Preston Road, Suite 100A Dallas, Tx 75252 ATTN Kellye E. Abernathy P:(972)733-2092 F:(972)733-8141 Contact Cingular wireless LLC Kellye E Abernathy Esq 17330 Preston Road, Suite 100A Dallas, Tx 75252 P:(972)733-2092 F:(972)733-8141 Qualifications, ownership, and Demographics Radio Service TypeMobile Regulatory StatusCommon Carrier InterconnectedYes Alien Ownership The Applicant answered "No" to each of the Alien Ownership questions. Basic Qualifications The Applicant answered "No" to each of the Basic Qualification questions. Tribal Land Bidding Credits This license did not have tribal land bidding credits. Race Hispanic/Latino Gender Page 1 In response to the above referenced application for a Policy of Title Insurance, Bidwell Title & Escrow Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth on the attached cover. Copies of the Policy forms should be read. They are available from the office which issued this Report. Please read the exceptions shown or referred to below and the List of Printed Exceptions and Exclusions set forth in this report carefully. The Exceptions and Exclusions are meant to provide you with notice of matters which are not covered under the terms of Title Insurance Policy and should be carefully considered. It is important to note that this Preliminary Report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This Report (and any supplements or amendments thereto) is issued solely for the urpose of Acilitating the issuance of a Policy of Title Insurance and no liability is assumed hereby. If it is fired that liabity as d prior the issuance of a - Policy of Title Insurance, a Binder or Commitment should be requ f 0. Dated as of : March 11, 2005 at 7:30 a.m. Amisa Whitfield Title Officer The form of Policy of Title Insurance contemplated by this Report is: ❑ ALTA Residential Title Insurance Policy with Plus Endorsement — (06-01-87) ❑ ALTA Homeowners Policy — (10-17-98) / CLTA Homeowners Policy — (6-2798) ❑ ALTA Loan Policy with ALTA Endorsement Form 1 Coverage — (10-17-92) 0 CLTA Standard Coverage Policy -1990 ❑ ALTA Owner's Policy Form B (10-17-92) ❑ ALTA Gold Loan Policy — (08-92) The estate or interest in the said land hereinafter described or referred to covered by this Report is: FEE Title to said estate or interest at the date hereof is vested in: KENNETH KARASINSKI AND ELLEN S. KARASINSKI, Trustees of the Kenneth and Ellen S. Karasinski Living Trust dated June 19, 1998 PRELIM ❑ CHICO 0 OROVILLE ❑ PARADISE ❑ GRMLEY 1 ' Bidwell 500 Wall St. 1835 Robinson St. 145 Pearson Road 560 Kentucky PO Box 5173 PO Box 811 PO Box 490 PO Box 949 Title & LaDonna Joyner Chico, CA 95927 Oroville, CA 95965 Paradise, CA 95967 Gridley, CA 95948 ESCrOW Chief Executive Officer (530) 894-2612 (530) 533-2414 (530) 877-6262 (530) 8464005 County Manager ESCROW FAX: FAX (530) 533-1589 FAX (530) 872-5129 FAX (530) 846-0584 (530) 894-0713 ® TITLE ONLY DEPT. 145 Pearson Road Serving the north TITLE FAX: Paradise, CA 95967 state since 1913 (530) 894-5713 (530) 877-6920 FAX (530) 877-6922 PURCHASER: ORDER NO.: 00221182-005 - DRK TITLE CONTACT:: Denise Klemm SHORT TERM RATE: Yes PROPERTY ADDRESS: 1298 and 1300 Nord Avenue Chico, CA 95926 ESCROW COMPANY: PLACER TITLE COMPANY ATTN — John Ward PRELIMINARY REPORT Stewart Title Guaranty Company Chicago Title Insurance Company First American Title Insurance Company In response to the above referenced application for a Policy of Title Insurance, Bidwell Title & Escrow Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth on the attached cover. Copies of the Policy forms should be read. They are available from the office which issued this Report. Please read the exceptions shown or referred to below and the List of Printed Exceptions and Exclusions set forth in this report carefully. The Exceptions and Exclusions are meant to provide you with notice of matters which are not covered under the terms of Title Insurance Policy and should be carefully considered. It is important to note that this Preliminary Report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This Report (and any supplements or amendments thereto) is issued solely for the urpose of Acilitating the issuance of a Policy of Title Insurance and no liability is assumed hereby. If it is fired that liabity as d prior the issuance of a - Policy of Title Insurance, a Binder or Commitment should be requ f 0. Dated as of : March 11, 2005 at 7:30 a.m. Amisa Whitfield Title Officer The form of Policy of Title Insurance contemplated by this Report is: ❑ ALTA Residential Title Insurance Policy with Plus Endorsement — (06-01-87) ❑ ALTA Homeowners Policy — (10-17-98) / CLTA Homeowners Policy — (6-2798) ❑ ALTA Loan Policy with ALTA Endorsement Form 1 Coverage — (10-17-92) 0 CLTA Standard Coverage Policy -1990 ❑ ALTA Owner's Policy Form B (10-17-92) ❑ ALTA Gold Loan Policy — (08-92) The estate or interest in the said land hereinafter described or referred to covered by this Report is: FEE Title to said estate or interest at the date hereof is vested in: KENNETH KARASINSKI AND ELLEN S. KARASINSKI, Trustees of the Kenneth and Ellen S. Karasinski Living Trust dated June 19, 1998 PRELIM BUTTE COUNTY JUN 2 4 2-jg5 DEVELOPMENT SERVICES ORDER NO.: 00221182-005 - DRK At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions contained in said Policy form would be as follows: EXCEPTIONS: 1. General and Special County taxes for the fiscal year 2005-06, including possible personal property taxes, now a lien, but not yet due or payable. 2. General and Special County taxes for the fiscal year 2004-05 First Installment $4,168.79, paid Second Installment $4,168.79, now.due and payable, delinquent April 12, 2005 Land $92,977.00 Improvements $694,416.00 Exemption $-0- Personal Property — Mobile Home S -0 - AP No. 043-200-005 Code 062-194 3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 4. The land described herein lies within the boundaries of the Redevelopment Plan for the Greater Chico Urban Area Redevelopment Project as described by instrument recorded October 28, 1993 under Butte County Official Records Serial No. 93-47865. Ordinance approving said Project Recorded on July 24, 1996 Recorded in Butte County Official Records Serial No. 96-27513 A Notice of Adoption of an Amendment" Recorded on : October 11, 2004 Recorded in : Butte County Official Records Serial No. 04-62586 5. Right of Way for the purpose stated herein and incidental purposes Granted to The Pacific Telephone and Telegraph Company, its successors and assigns For Pole line Recorded on May 11, 1910 Recorded in Book 116 of Deeds, at page(s) 277, Butte County Official Records The exact location of the above Right of Way is not clearly defined of record. 6. Agricultural Statement of Acknowledgment for Residential Development Executed by Kenneth Karasinksi and Ellen Karaskiski Recorded on September 13, 1982 Recorded in Book 2754 of Butte County Official Records, at page 645. PRELIM ORDER NO.: 00221182-005 - DRK 7. TERMS, CONDITIONS AND PROVISIONS of an Agreement Relating to : Sewer Assessment District Executed by And between : Kenneth Karasinski, et ux and the County of Butte Recorded on : April 10, 1987 Recorded in : Butte County Official Records Serial No. 87-13181 8. TERMS, CONDITIONS AND PROVISIONS of an Agreement Relating to Storm Drainage Assessment District Executed by And between Kenneth Karasinski, etux and the County of Butte Recorded on April 10, 1987 Recorded in Butte County Official Records Serial No. 87-13182 9. A Memorandum of Lease, affecting the premises herein, executed by and between the parties named herein, subject to the Covenants and Conditions therein Dated August 22, 1994 Lessor Kenneth Karasinski and Ellen Karasinski, husband and wife Lessee Sacramento -Valley Limited Partnership. Term (10) years Recorded on February 6, 1995 Recorded in Butte County Official Records Serial No. 95-3922 A Sub -Lease, affecting the premises herein, executed by and between the parties named herein, subject to the covenant and conditions therein Dated July 19, 2000 Sub -Lessor Sacramento -Valley Limited Partnership, c/o AirTouch Communications, Inc. Sub -Lessee American Tower Delaware Corporation, c/o American Tower Corporation Term 24 years Recorded on November 17, 2000 Recorded in Butte County Official Records Serial No. 2000-44392 10. A Memorandum of Lease, affecting the premises herein, executed by and between the parties named herein, subject to the Covenants and Conditions therein Dated July 16, 2001 Lessor Kenneth Karasinski and Ellen Karasinski, husband and wife Lessee American Tower Delaware Corporation, a Delaware corportion Term Until July 1, 2004, with the option to extend the lease for two (2) additional consecutive seven (7) year periods Recorded on : July 31, 2001 Recorded in : Butte County Official Records Serial No. 2001-33977 PRELIM ORDER NO.: 00221182-005 - DRK 11. A Deed of Trust to secure an indebtedness in the original amount shown below: Dated : July 8, 2002 Trustor : Kenneth Karasinski and Ellen Karasinski, as Trustees of Kenneth and Ellen S. Karasinski Living Trust, dated June 19, 1998 Trustee : Bidwell Title and Escrow Company Beneficiary : Tri Counties Bank Amount : $100,000.00 Recorded on : July 22, 2002 Recorded in : Butte County Official Records Serial No. 2002-37280 The amount due, terms and conditions of the indebtedness should be determined by contacting the owner of the debt. 12. Rights, interests or claims, if any, which a tenant in possession may have, but which are not shown by the public record. END OF EXCEPTIONS PRELIM ORDER NO.: 00221182-005 - DRK NOTES: NOTE: According to the public records of the County Assessor's Office, the situs address is: 1298 and 1300 Nord Avenue, Chico, CA 95926. The County Recorder's Office will charge, in addition to the regular recording charges, an extra $20.00 recording fee, unless a document evidencing a change of ownership is accompanied by a preliminary change of ownership report. In lieu of said report, signed by the transferee, the Recorder will accept an affidavit that the transferee is not a resident of California. The County Recorder's Office may also charge, in addition to the regular recording charges, an extra $10.00 Monument Fee when there is a metes and bounds description on the transfer deed. Title billings will be adjusted to reflect such additional fees when applicable. NOTE: RE: DOCUMENTARY TRANSFER TAX - EFFECTIVE NOVEMBER 1, 1991 The Butte County Recorder's Office will require a statement ON THE FACE of all documents which are exempt from documentary transfer tax. They will no longer be accepting separate letters of explanation. NOTE: CALIFORNIA "GOOD FUNDS" LAW Effective January 1, 1990, California Insurance Code Section 12413.1, (Chapter 598, Statutes of 1989), prohibits a title insurance company, controlled escrow company, or underwritten title company from disbursing funds from an escrow or sub -escrow account, (except for funds deposited by WIRE TRANSFER, ELECTRONIC PAYMENT or CASH) until the day these funds are made available to the depositor pursuant to Part 229 of Title 12 of the Code of Federal Regulations, (Reg. CC). Items such as CASHIER'S, CERTIFIED or TELLER'S CHECKS may be available for disbursement on the business day following the business day of deposit; however, other forms of deposits may cause extended delays in closing the escrow or sub -escrow. NOTE: In accordance with Sections 18662 and 18668 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to 3 1/3 percent of the sales price in the case of a disposition of California real property interest by either: 1. A seller who is an individual with a last known street address outside California or the disbursement instructions authorize the proceeds to be sent to a financial intermediary of the seller, OR 2. A corporate seller that has no permanent place of business in California. The buyer may become subject to penalty for failure to withhold. The penalty is the greater ten percent (10%) of the amount to be withheld or five hundred dollars ($500.00). However, notwithstanding any other provisions included in the California statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if: 1. The sales price of the California real property conveyed does not exceed two hundred fifty thousand dollars ($250,000.00), OR 2. The seller executes a written certification, under penalty of perjury, that the seller is a resident of California at the close of escrow, or if a corporation, has a permanent place of business in California, OR 3. The seller, who is an individual, executes a written Certification, under penalty of perjury, that the California real property being conveyed is the seller's principal residence (as defined in Section 1034 of the Internal Revenue Code). The seller is subject to penalty for knowingly filing a fraudulent certification for the purpose of avoiding the withholding requirement. r4, :i■l- ORDER NO.: 00221182-005 - DRK The California statutes referenced above include provisions that authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case-by-case basis. NOTE: The attached Assessor's Parcel Map is being furnished as a convenience to locate the land described in this report with relation to adjoining streets and other lands. BIDWELL TITLE AND ESCROW COMPANY does not guarantee dimensions, distances, bearings or acreage stated thereon. It is not intended to illustrate legal building sites or supersede City or County ordinances, i.e., zoning and building codes, etc. Official information concerning the use of any parcel should be obtained from local government agencies. NOTE: "BIDWELL TITLE AND ESCROW COMPANY will not be responsible for accruals of interest or other charges resulting from compliance with the disbursement restrictions imposed by'State law." This is a Title Only order, and as such this office will not be performing any escrow functions. For questions pertaining to your escrow Please contact : PLACER TITLE COMPANY Address 2515 PARK MARINA DRIVE, #203 REDDING, CA 96001 Telephone no. (530) 244-2122 Attention John Ward Reference 1415-7828 END OF NOTES CONSOT ORDER NO.: 00221182-005 - DRK SCHEDULE C THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF BUTTE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: . LOT 13, ACCORDING TO THAT CERTAIN MAP ENTITLED, "ARGONAUT BLOCK" WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, AUGUST 21,1901 IN BOOK 5 OF MAPS, AT PAGE 6. AP NO. 043-200-005 � 711gy0cra PRELIM • ORDER NO.: 00221182-005 - DRK As required by law, this statement is our notice to buyers and sellers of the new State of California withholding law. Starting in January, 2003, buyers of California real estate must. withhold 3-1/3 percent of the sales price from the seller and send it to the Franchise Tax Board, according to the Franchise Tax Board For real estate sales closing after December 31, 2002, the new law (AB 2065) requires buyers of California real estate to withhold income taxes and send them to the FTB. Bidwell Title & Escrow Company will withhold the funds.if you wish for us to. The penalty for not complying is the greater of $500 or 10 percent of the withholding amount. There are some exceptions in the law. Withholding is not required if the total sales price is $100,000 or less, or for principal residences held for more than 2 years, sales resulting in a taxable loss, like kind exchanges, and some involuntary conversions. Also exempted are sales where the seller is tax exempt or a California corporation or partnership. The new law includes all individuals- residents and nonresidents. Unlike the current law, the FTB will not grant individuals a waiver or reduced rate of withholding for sales with small taxable gains. The FTB estimates this law impacts 300,000 real estate sales each year. Tax withholding is a prepayment of state taxes that sellers who profit from their real estate sales will owe. It is much like the wage withholding that employees have deducted from their paychecks. California, like the federal government, has a "pay as you go" tax system, meaning taxes are due as you earn income, not after the end of the year when you file your tax return. Real estate withholding will, in many cases, save the seller from having to make an estimate payment to cover the tax from the real estate sale's gain. For the actual verbiage of the law or for additional information, access the FTB's Website at www.ftb.ca.gov or call the FTB at (888) 792-4900. Last Modified Date: 10/10/2002 PRELIM 0scrow No.: 00221182-005DRK AFFIDAVIT OF SELLER, BUYER, AND/OR OWNER BEFORE ME, personally appeared ("Affiant"), who having been duly sworn, deposes and says that: I. Affiant is the owner of, or intends to own, real property located in Butte County, California, described in the Preliminary Title Report, attached hereto. 2. Affiant is, or will be, in exclusive possession of the Property, and no other party has any right or claim of possession or use of the Property, except as set forth in Exhibit `B" or Rent Statement attached hereto. 3. There are no recorded or unrecorded easements, covenants or restrictions affecting the Property, other than those listed in Preliminary Title Report for the above referenced Escrow, attached hereto. 4. There are no judgments, assessments, tax liens or other liens against Seller or the Property remaining unpaid, and the Property is free and clear of all encumbrances except as set forth on the Preliminary Title Report, attached hereto. 5. There have been no improvements made to the Property within the 90 day period immediately preceding the execution hereof, and there are no bills, statements or other invoices for labor, materials or services applicable to or affecting the Property or any improvements thereon, remaining unpaid. 6. To the best of Affiant's knowledge, there are no suits or matters pending against Afant that could give rise to a lien that would attach to the Property prior to the recordation of the documents applicable to this transaction. To the best of Affiant's knowledge, there are no bankruptcy or insolvency proceedings, voluntary or involuntary, threatened or pending against Affiant and there are no grounds upon which any such proceeding could be filed against Affiant. 8. Affiant has not executed and will not execute any instrument that would adversely affect the title to or interest in the Property prior to the recordation of the documents applicable to this transaction. 9. Affiant hereby executes this Affidavit to induce Bidwell Title & Escrow Company to issue title insurance on the Property. 10. To the best of the Affiant's knowledge, there are no structure violations, building violations, or health and safety violations. Under penalties of perjury, I declare that I have examined this Preliminary Title Report and it is .true, correct, and complete. This affidavit is attached to and made a part of the Preliminary Title Report herein. PRELIM • WER NO.: 00221182-005 - DRK BIDWELL TITLE & ESCROW COMPANY STEWART TITLE GUARANTY COMPANY, CHICAGO TITLE INSURANCE COMPANY, TICOR TITLE INSURANCE COMPANY, SECURITY UNION TITLE INSURANCE COMPANY, FIRST AMERICAN TITLE INSURANCE COMPANY February 1, 2003 Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: • From applications or other forms we receive from you or your authorized representative; • From your transactions with, or from the services being performed by, us, or our affiliates, or others; • From our internet web sites; • r From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and • From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, securities and banking providers, agents, and other real estate settlement service providers. We also may disclose your Personal Information: • to agents, brokers or representatives to provide you with services you have requested; • to third -party contractors or service providers who provide services or perform marketing or other functions on our behalf; and • to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. We do not disclose any nonpublic personal information about you with anyone for any purpose that is not specifically permitted by law. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability to Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance Officer Bidwell Title & Escrow Company 500 Wall Street Chico, CA 95928 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. PRELIM -. -- - — T.22N. [331. M.D.B. & M. 43-20 14.20 I 1 PN 70-94 — (STATE)— — HIGHWAY —32 — _ — — se.st �"u tsaso R 101 6281.00 — — —' — — AVENUE t rasa — — (ROUTE 47) — — — — ARGONAUT 8 5 M.O.R. 8 F29 NOTES These parcels are For assessment purposes OMEGA BLOCK 1 M.O.R. 44 only and may not constitute legal parcels. Assessor's Map No. 43-20 County of Butte. Calif. fififs.�73y BV@u sf &# Hof to a survey of the land , � d��' 1r+irl8 Za 'fl: houl"ot rely upon it for iy"6s`i Wif than dtllntation to the general a,f iho parcel or parcles depicted. MllrLL . TLE 8 ESCROW CO.. expressly ag t .i 3d# IlifrUHy for alleged loss or damage iii3�1 HfiUtt tmm rellancs of this map. O 0 N N O O N Q U — — T.22N / —Z M.D.B. & M. 501 ITWrn.. —(STATE)— — HIGHWAY —32 — — - - — MORD — — — — — — — AVENUE ARGONAUT BLOCK 5 M.O.R. 6 29 NOTE, These parcels are for assessment purposes OMEGA BLOCK i M.O.R. 44 only and may not constitute legal parcels. PffsM99 FIT df "not be a -survey of the land depicfja Hdf6efl: Y®e €hould not rely upon it for ttiV purlidsb bth@f than orientation to the general ioc�iion of Tie-pardel of parci9s depicted. 91b1NELL TITL€ ESCROW CO.. oxoressiy di`sctaim§ sn� Iiabilib for alleged loss or damage 0:.Efi mi v rbsult from teliancs of this mao. 43-20 — — — — (ROUTE 47) Assessors Map No. 43-20 County or Butte. carr. nmsFD: 8-98 21 • • LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law. ordinance or governmental regulation (including but not limited. to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in. the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE — SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments. or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. Reorder Form No. 12699 (Reprinted 08/01) .Y. ... .. ... .. :. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorney's fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does not apply to the violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date - unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in item 3 of Schedule A, or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. EXCEPTIONS FROM COVERAGE In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees and expenses resulting from: Someone claiming an interest in your land by reason of: A. Easements not shown in the public records B. Boundary disputes not shown in the public records C. Improvements owned by your neighbor placed on your land. 2. If, in addition to a single family residence, your existing structure consists of one or more Additional Dwelling Units, Item 12 of Covered Title Risks does not insure you against loss, costs, attorneys' fees, and expenses resulting from: A. The forced removal of any Additional Dwelling Unit, or, B. The forced conversion of any Additional Dwelling Unit back to its original use. if said Additional Dwelling Unit was either constructed or converted to use as a dwelling unit in violation of any law or government regulation. CALIFORNIA LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE (6/2/98) AMERICAN LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE (10/17198) In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation.This includes ordinances, laws and regulations concerning: a. building c. Land use e. Land division b. zoning d. improvements on the Land f.. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and Is binding on You If You bought the land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known. toYou at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. , in streets, alleys, or waterways that touch the Land. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (i) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior.to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in -the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim or priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in' a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. . Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; . (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE "This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. �J Butte County Department of Development Services YVONNE CHRISTOPHER, DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * GIS * PLANNING July 19, 2005 Cingular Wireless - Attn: Meredith Parkin 1298 Nord Avenue Chico, CA 95926 Re: Application Complete — Minor Use Permit for Cingular Wireless, APN 043-200-005, File # MUP 05-05 Dear Meredith: Pursuant to Section 20-62 (1 and 2) of the Butte County Subdivision Ordinance and Section 65943 of California Government Code, Title 7, Division 1, the above referenced project was deemed "complete" on July 13, 2005. This application for a Minor Use Permit to allow the collocation of antennas on an existing communications monopole has been deemed Categorically Exempt from the provisions of the California Environmental Quality Act under Section 15311. Upon conclusion of staff report, the project will be scheduled for action by the Butte County Planning Commission. You will be notified by mail of the date, time, and location of that meeting. Should you have any further questions regarding this matter, I can be reached between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, at (530) 538-7376, or via e-mail at mmichelena@buttecounty.net. Sincerely, Mark Michelena Associate Planner Cc: Ken & Ellen Karasinski Peek Site Com COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 79.ouyllfyv�Dri-ve froville, CA 95965-3397 ADDRESS C0k;tE=10N. REQUESTED 9YUBTO IWS' I 012H16205578 5 $00.3 2 C= IOU tu w 07/19f2005 Iftned From 95965 ow 2 t-, 0 US POSTAGE* , C= Ln Kara RETUR N Td SENDER & Ellen ski 1 Box OR I)EI37. P. 0. * 06150 H CT 0 1 INCORRECT OR r , rd, MI,1,3 SING 9YUBTO IWS' I Butte County Department of Development Services YVONNE CHRISTOPHER, DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * GIS * PLANNING July 19, 2005 Cingular Wireless Attn: Meredith Parkin 1298 Nord Avenue Chico, CA 95926 Re: Application Complete — Minor Use Permit for Cingular Wireless, APN 043-200-005, File # MUP 05-05 Dear Meredith: Pursuant to Section 20-62 (1 and 2) of the Butte County Subdivision Ordinance and Section 65943 of California Government Code, Title 7, Division 1, the above referenced project was deemed "complete" on July 13, 2005. This application for a Minor Use Permit to allow the collocation of antennas on an existing communications monopole has been deemed Categorically Exempt from the provisions of the California Environmental Quality Act under Section 15311. Upon conclusion of staff report, the project will be scheduled for action by the Butte County Planning Commission. You will be notified by mail of the date, time, and location of that meeting.. Should you have any further questions regarding this matter, I can be reached between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, at (530) 538-7376, . or via e-mail at mmichelena@buttecounty.net. Sincerely, Mark Michelena Associate Planner Cc: Ken & Ellen Karasinski Peek Site Com IDR Meeting . �1�� UP oS-os k Project Date Issues: UibS 3�-er�anlczv. i Ch&UD IrO14S Uf 9 M.UP o J -off Go to +� /► art c Py It 63-0 < < k4,//Lm 44 (i' srovl Irr S Ll a,4- 86 -r` 4+ 6835 S. Escondido Street, Suite A Las Vegas, Nevada 89119-3828 (702) 897-1424 FAX (702) 897-2213 County of Butte DEVELOPMENT SERVICES DEPARTMENT 7 County Center Drive Oroville, CA 95,965 Geotechnical c BUTTE Environmental COUNTY MAY 2 3 2005 Materials DESEL0VMMNT May 20, 2005 GeoTek Work Order No. 6026-LV2-NEPA Subject: INVITATION TO COMMENT UNDER SECTION 106 Proposed Expansion of an Existing American Tower Corporation Communication Tower Site No. 82596 - North Chico 1298 Nord Avenue Chico, California To Whom It May Concern: GeoTek, Inc. (GEOTEK) was retained by American Tower Corporation (ATC) to conduct Section 106 consultation for a parcel of privately owned land that is currently developed with a 140 -foot communications tower. GeoTek is initiating Section 106 compliance for ATC as delegated by the FCC and outlined in 36 CFR Part 800. This project includes the expansion of the existing compound by a total of 249 square feet. This collocation project is not exempt from Section 106 review since it meets one of the stipulations set forth by the Nationwide Programmatic Agreement for the Collocation of Wireless Antennas. GeoTek has submitted a request for Section 106 review of the proposed project to the California State Historic Preservation Office (SHPO) and an Invitation to Comment Under Section 106 from Native American tribal groups. In addition, the FCC has identified the following interested parties for this undertaking: the California State Historic Preservation Officer, the Butte County Development Services Department, the City of Chico Community Development Department, the California Native American Heritage Commission, the Berry Creek Rancheria of Maidu Indians, and the Enterprise Rancheria of Maidu Indians. We are inviting your opinion to determine if the proposed project will impact historic places, cultural resources, and/or archaeologically sensitive sites or to provide comments or any additional input that you feel would be appropriate. A reconnaissance of the subject property was performed by Archeological Resources Technology (ART) on behalf of GEOTEK in May, 2004. The project Site is situated to the north of the existing ARIZONA CALIFORNIA IDAHO NEVADA F2e,It k - /atr'fV�CGt CS�l�v1Q,� 1 Cts+ WAr to cad-e- O �- N Go loeJe cAc ( `� /vl.x t SITE NO. 82596 - NORTH CO GEOTEK PACT NO. 6026-LV2-NEPA 1298 NORD AVENUE MAY 20, 2005 CHICO, CA PAGE 2 tower and equipment shelter compound. The compound is situated at the rear of a parcel developed with an automotive modification and repair business. The Site is currently covered with concrete and is used as a storage area for pipes from the adjacent business. The site is located in the northwest corner of the northwest corner of Section 27, Township 22 North, Range 1 East of the Mount Diablo Baseline and Meridian. The site has an elevation of approximately 180 feet above mean sea level as shown on the USGS Chico, California Quadrangle topographic map, dated 1948 (photorevised 1978). The topography in the area of the site slopes gently toward the west at a rate of approximately 15 feet per mile. The project site is currently developed with an existing 140 -foot self-support lattice tower, a 12 -foot by 26 -foot equipment shelter building, a 10 - foot by 13 -foot equipment pad, a 14 -foot by 15 -foot equipment pad, a 500 -gallon propane tank, and an emergency power generator in a 55 -foot north -south by 38 -foot east -west equipment area. Access to the site is available from Nord Avenue. ATC is proposing to expand the equipment compound by a total of 480 square feet for the installation of a 10 -foot by 20 -foot equipment pad and a 7 -foot by 7 -foot equipment pad on the north side of the existing compound. The proposed expansion will increase the total compound area to approximately 2,570 square feet. The expansion of the compound is proposed for future collocations. No changes to the existing tower height or utility easements are anticipated at this time. Enclosed for your review is a copy of the documentation we have submitted on behalf of American Tower and the FCC to the California State Historic Preservation Officer (SHPO). The documentation includes an inventory and analysis of the cultural resources we have identified through available records, literature review, and field reconnaissance that may be affected by the proposed project. The FCC has identified the following parties for this undertaking: the California State Historic Preservation Officer, the Butte County Development Services Department, the City of Chico Community Development Department, the California Native American Heritage Commission, the Berry Creek Rancheria of Maidu Indians, and the Enterprise Rancheria of Maidu Indians. If your office has any additional knowledge regarding the presence of traditional or cultural properties that may be adversely affected by the proposed project, please inform us of such issues at your earliest convenience. We have included a project area map and photographs for your convenience. If any additional historically significant resources are known to you, please identify them on the enclosed map or describe them in a convenient manner. Based on the research, literature review, and the cultural resources survey of the proposed project area conducted by Archeological Resources Technology, it is our opinion that the project as proposed will not adversely affect cultural resources and Native American religious sites. As partial fulfillment of our client's responsibility under Section 106 as delegated by the FCC, we respectfully request your comments regarding the project's potential to adversely affect sites recognized by your tribe as culturally or religiously significant. As the project is proposed for GeoTek, Inc. T PSITE NO. 82596 — NORTH HICO GEOTEK PRCT No. 6026-LV2-NEPA 1298 NORD AvENUE MAY 20, 2005 CHIco, CA PAGE 3 development in the very near future, we would appreciate receiving your comments in the ensuing 30 days. We appreciate your attention to this matter. If you have any questions, or need any further assistance or information, please do not hesitate to contact the undersigned at (702) 897-1424. Respectfully, GEOTEK, INC. J. Michael Batten, REA Environmental Services Manager Enclosures ���Q ENVIRO�yy�, til @�`GNP.EL No. 06787 0 Expires: O� O.f Of CAL G:\USERS\GEOTEK\PROJECTS\Fi1e6000\6026\ENV\NEPA\6056-NEPA-Cuhural Leuer4Butte-0520054MB.doc Visit us online at www.geotekusa.com GeoTek, Inc. •. . < `. ;.� .park . :.•.5��. '� i• .t in. � i •� , " _tom. 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Prepared for: American Tower Corporation Work Order No.: Report Date: wn By: Dra GEOTECHNICAL ENVIRONMENTAL MATERIALS 6026-LV2 05/20/05 JMB 0 concrete Southern Pacific Railroad -------------------------------------------. 4 ti uE,aoc 1&00W. El Y Q O � oc.nt1p1 u6fim R9 y . EOUVFFJ.i VAD CdOSiE 6M e 4 1 a � , �orosEn ,azra Source: ATC Compound Layout Plan and drawings, 2005 Scale: As Shown --- JA s.¢ MPA Alt 9tlB6,-fmRa..dY .•R.YulTll(IH 1?G,I 6835 South Escondido Street, Suite A FIGURE 2 ® hfLas Vegas, NV 89119 SITE MAP (702) 897-1424 (phone) SITE 82596 - NORTH CHICO (702) 897-2213 (FAX) 1298 NORD AVENUE �K9 INC CHICO, CALIFORNIA o Prepared for: American Tower Corporation Work Order No.: Report Date: Drawn By: GEOTECHNICAL ENVIRONMENTAL MATERIALS 6026-LV2 05/20/05 JMB BACK FENCE ----------------1 ' ----------------- ---X—=----------------------------------- ' METRO41CS TELCO BOX u IP EASEMENT OFF c ' BACK FENCE < METRO PCS . 10 x 13 EQUIPMENT PAD SLAB METAL RACK CONCRETE Q / � J ^--------- ---I I < 5-717 I PROPOSED � I LINGULAR VVV ��� I t0 X 20 PAD SPLICE BOX I LJ=�� oron CLEARWIRE N L 6 13 P T -MOBILE 14 x 16 EQUIPMENT PAD NEXTEL TO,POUR THIS ENTIRE AREA WITH CONCRETE PARKING LOT OR OR 311. 01n. SIL 01n. 101L oh I ¢ PROPOSED j p NEXTEL g CONUM-TE PAO EQUIPMENT I N. a I n:: `ri.•�... i . I I I I I I 1 I 1a -s I � i vemANETA I NEXTEL cwm»+e rArm I DOOR SWING I 1� NEXTEL I I I 12.x 21 I I I LEASE AREA I I I I L-------------------� ASSTLLA�iTED ON: 101-G4 i •.1 {•: "� N b� ,oh �.. ���"' " 'il ,3 tri ?,�1i;� � �y � A % A k44- 1t: Photo 5: View from the Site toward the west, showing the existing auto business building. SITE No. 82596 - NORT7-► CHTCO CMCO, CAT-TFORNTA GEOTEK WORK ORDER No. 6026-LV2 PAGE 3 Approved by OMB 3060-1039 Estimated Time Per Response: .5 to 10 hours Collocation ("CO") Submission Packet FCC FORM 621 Introduction The CO Submission Packet is to be completed by or on behalf of Applicants who wish to collocate an antenna or antennas on an existing communications tower or non -tower structure by or for the use of licensees of the Federal Communications Commission ("FCC').' The Packet (including Form CO and attachments) is to be submitted to the State Historic Preservation Office ("SHPO") or to the Tribal Historic Preservation Office ("THPO"), as appropriate, before any construction or other installation activities on the site begin. Failure to provide the Submission Packet and complete the review process under Section 106 of the National Historic Preservation Act ("NHPA")2 prior to beginning construction or other installation activities may violate Section 110(k) of the NHPA and the Commission's rules. The instructions below should be read in conjunction with, and not as a substitute for, the "Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission," dated September 2004, ("Nationwide Agreement'), the "Nationwide Programmatic Agreement for the Collocation of Wireless Antennas" ("Collocation Agreement"),3 and the relevant rules of the FCC (47 C.F.R. §§ 1.1301-1.1319) and the Advisory Council on Historic Preservation ("ACNP") (36 C.F.R. Part 800).4 Exclusions and Scope of Use The CO Submission Packet should be submitted only for those collocations that are subject to Section 106 review. The CO Submission Packet should not be ' A "communications tower" is a structure built for the _sole or primary purpose of supporting FCC - licensed antennas and their associated facilities; other structures upon which antennas may be collocated are referred to as "non -tower structures." 2 16 U.S.C. § 470f. 3 Nationwide Programmatic Agreement for the Collocation of Wireless Antennas, 16 FCC Rcd 5574, 5575-5581 (VVTB: March 16, 2001)("Collocation Agreement"); see also Fact Sheet Regarding the Implementation of the Nationwide Programmatic Agreement with Respect to Collocating Wireless and Broadcast Facilities on Existing Towers and Strictures, Notice, 67 Fed. Reg. 5282 (Feb. 5, 2002). 4 Section II.A.9. of the Nationwide Agreement defines a "historic property" as: "Any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or NHO that meet the National Register criteria." Page 1 of 11 FCC Form 621 January 2005 CO SUBMISSION PACKET -- FCC FORM 621 Approved by OMB 3060-1039 Estimated Time Per Response: .5 to 10 hours submitted for collocations that have been excluded from Section 106 Review by the Collocation Agreement or the Nationwide Agreement. Where a collocation is to be completed but no submission will be made to a SHPO or THPO due to the applicability of one or more exclusions, the Applicant should retain in its files documentation of the basis for each exclusion should a question arise as to the Applicant's compliance with Section 106. The CO Submission Packet is to be used only for the collocation of an antenna or antennas on an existing communications tower or a non -tower structure. New tower constructions that are subject to Section 106 review should be submitted using the New Tower ("NT") Submission Packet (FCC Form 620). General Instructions: Form CO Fill out the answers to Questions 1-5 and provide the requested attachments. Attachments should be numbered and provided in the order described below. For ease of processing, provide the Applicant's Name, Applicant's Project Name, and Applicant's Project Number in the lower right hand corner of each page of Form CO and attachments.5 Applicant Information Full. Legal Name of Applicant: American Tower Corporation Name and Title of Contact Person: Jenna Lamontagne, Program Manager Address of Contact Person (including Zip Code): 10 Presidential Way Woburn, Massachusetts 01801 Phone: 721/926-4536 Fax: 721/926-4555 E-mail address: Jenna.lamontaPnegamericantower.com 5 Some attachments may contain photos or maps on which this information can not be provided. Applicant's Name: American Tower Corporation Project Name: Chico Project Number: 82596 Page 2 of 16 FCC Form 621 January 2005 CO SUBMISSION PACKET -- FCC FORM 621 Approved by OMB 3060-1039 Estimated Time Per Response: .5 to 10 hours 2. Applicant's Consultant Information Full Legal Name of Applicant's Section 106 Consulting Firm: Archaeological Resources Technology Name of Principal Investigator: Carolyn Losee, MA/RPA Title of Principal Investigator: Owner/Principal Investigator's Address: 307 Decanter Circle City: Windsor State: CA Zip Code 95492 Phone: 707/837-1811 Fax: 707/837-1911 E-mail Address: crloseeacomcast.net Does the Principal InvestiggLZ satisfy the Secretary of the Interior's Professional Qualifications Standards?6 YES NO. Areas in which the Principal Investigator meets the Secretary of the Interior's Professional Qualification Standards: Archaeology & History Other "Secretary of the Interior qualified" staff who worked on the Submissions Packet (provide name(s) as well as well as the area(s) in which they are qualified): 6 The Professional Qualification Standards are available on the cultural resources webpage of the National Park Service, Department of the Interior: <http://www.cr.nps.gov/local-law/arch_stnds_9.htm>. The Nationwide Agreement requires use 'of Secretary -qualified professionals for identification and evaluation of historic properties within the APE for direct effects, and for assessment of effects. The Nationwide Agreement encourages, but does not require, use of Secretary -qualified professionals to identify historic properties within the APE for indirect effects. See Nationwide Agreement, §§ VI.D.1.d, VI.D.1.e, VI.D.2.b, VI.E.5. Applicant's Name: American Tower Corporation Project Name: Chico Project Number: 82596 Page 3 of 16 FCC Form 621 - January 2005 • CO SUBMISSION PACKET -- FCC FORM 621 Approved by OMB 3060-1039 Estimated Time Per Response: .5 to 10 hours 3. Collocation and Site Information a. Street Address of Site: 1298 Nord Avenue City or Township: Chico County/ Parish: Butte State: CA Zip Code: 95926 b. Nearest Cross Roads: West Sacramento & Nord c. NAD 83 Latitude/Longitude coordinates (to tenth of a second): N39044'3.6"1W121051'40.9" d. Tower or non -tower structure height above ground level, including proposed collocation :7 140 feet. e. Description of antennas to be collocated. (e.g., type, number, shape, dimensions, color): Two antenna installations are occurring on the tower structure. Customer 1 is installing(3) 3' tall panel antennas and (3) 2' tall transmitters in a triangular array, center mounted at 65' on the tower structure. Customer 1 is also installing (2) 2' dishes between the aforementioned equipment at the same mount height. Customer 2 is installing a maximum of (12) 7' tall panel antennas and (6) 1' tall tower top amplifiers in a triangular array, center mounted at 70' on the tower structure. f. Approximate height of collocation above ground level: Customer 1 at 65': Customer 2 at 70' on a 140 -foot monopole. g. Structure. This Form CO pertains to.collocation of antenna(s) on: [X] a communications tower or [ ] a noh-tower structure (check one). If a non -tower structure, briefly describe the structure: h. If the antennas will be collocated on a communications tower, check the appropriate . box: ❑ guyed lattice tower ❑ self-supporting lattice ® monopole ❑ other (briefly describe tower) Include top -mounted attachments such as lightning rods. Applicant's Name: American Tower Corporation Project Name: Chico Project Number: 82596 Page 4 of 16 FCC Form 621 January 2005 9 CO SUBMISSION PACKET -- FCC FORM 621 Approved by OMB 3060-1039 Estimated Time Per Response: .5 to 10 hours L Structure Completion. Indicate the date that the existing communications tower or non -tower structure was built (date on which construction activities ended): 1995. j. Section 106 Review. Has the communications tower or noxi -tower structure been the subject of SHPO/THPO review pursuant to Section 106 of the National Historic Preservation Act? If so, identify the company that made the submission, the date it was submitted, and the SHPO/THPO reference number. Although no SHPO/THPO reference number was uncovered during the records search, Pacific Legacy prepared a cultural resources assessment (sans survey) at the proiect location in July 2002 for Cingular Wireless Project Number SA -989-01 "West Chico" (see References, below). k. Based on the Applicant's research (see Attachments 8 and 9), is the existing communications tower or non -tower structure listed or eligible for listing in the National Register? ❑ Yes ® No 4. Current Status of Collocation:" a. [X] Construction and/or installation not yet commenced; b. [ ] Construction and/or installation commenced on [date] ; or, c. [ ] Construction and/or installation commenced on [date] and completed on [date] 5. Applicant's Determination of Effect: a. Direct Effects (check one): i. [X] No Historic Properties in Area of Potential Effects ("APE") for direct effects; ii. [ ] "No effect" on Historic Properties in APE for direct effects; iii. [ ] "No adverse effect" on Historic Properties in APE for direct effects; iv. [ ] "Adverse effect" on one or more Historic Properties in APE for direct effects. " Failure to provide the Submission Packet and complete the review process under Section 106 of the NHPA prior to beginning construction or other installation activities may violate Section 110(k) of the NHPA and the Commission's rules. See Section X of the Nationwide Agreement.. Applicant's Name: American Tower Corporation Project Name: Chico Project Number: 82596 Page 5 of 16 FCC Form.621 January 2005 . 9 CO SUBMISSION PACKET -- FCC FORM 621 Approved by OMB 3060-1039 Estimated Time Per Response: .5 to 10 hours b. Visual Effects (check one): i. [X] No Historic Properties in Area of Potential Effects ("APE") for visual effects; ii. [ ] "No effect" on Historic Properties in APE for visual effects*; iii. [ ] "No adverse effect" on Historic Properties in APE for visual effects; iv. [ ] "Adverse effect" on one or more Historic Properties in APE for visual effects. *Please note immediate area remains unstudied. Certification and Signature I certify that all representations on this Form CO (FCC Form 621) and the accompanying attachments are true, correct, and complete. Signature Carolyn Losee Printed Name 2 May 2005 Date Owner/Principal Title WILLFUL FALSE STATEMENTS MADE ON THIS FORM OR ANY ATTACHMENTS ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. Code, Title 18, Section 1001) AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. Code, Title 47, Section 312(a)(1) AND/ OR FORFEITURE (U.S. Code, Title 47, Section 503). Attachment 1. Resumes/Vitae Attached. Applicant's Name: American Tower Corporation Project Name: Chico Project Number: 82596 Page 6 of 16 FCC Form 621 January 2005 • CO SUBMISSION PACKET -- FCC FORM 621 Approved by OMB 3060-1039 Estimated Time Per Response: .5 to 10 hours CAROLYN LOSEE, RPA Owner and operator of Archaeological Resources Technology (a Woman Business Enterprise), Ms. Losee has over 17 years of experience on environmental field and laboratory projects in California and Hawaii as director of cultural resources research tasks, surveys, and test/data recovery projects in a variety of settings. Associated responsibilities include project planning and management, contract negotiation, personnel hiring and supervision, and preparation of draft and final reports. Qualifications include knowledge of NEPA, CEQA, NHPA (Section 106 compliance), and numerous other federal, state and local laws and regulations mandating environmental assessment. Project Manager for multidisciplinary studies for both comprehensive environmental assessments and cultural resources, with responsibilities such as editing reports, scheduling and coordinating project assignments, recording and analyzing sites, forming mitigation recommendations, preparing proposals, and contributing to quality control, illustration, and photography. SELECTED E,\TERIENCE Directing archival and field investigations for over 500 telecommunications projects throughout Northern and Central California. Tasks include research at Information Centers, libraries, historical associations, museums, and performing personal interviews. Responsible for recording buildings and sites 45 years and older. Evaluating each site, building, structure, or isolate using National Register of Historic Places criteria. Providing expert analysis and recommendations regarding the treatment of significant sites. • Acting as Cultural Resources Principal Investigator for numerous projects related to the reconstruction of the San Francisco Bay Area water supply sponsored by the City of San Francisco Public Utilities District. Major components include the Bay Division Pipelines, Calaveras Dam and Reservoir, Hetch Hetchy Telecommunications Microwave Replacement, and Lower Crystal Springs Dam. EDUCATION MA, Cultural Anthropology/Archaeology, San Francisco State University BA, Environmental Studies/Culture Ecology, University of California at Santa Cruz Intensive Lithics Analysis & Historical Architecture Certificates, University of Nevada at Reno National Preservation Institute: Integrating Cultural Resources in NEPA Compliance, Honolulu Graduate Award of Achievement, Renaissance Entrepreneurship Program, San Francisco PROFESSIONAL AFFILIATIONS/CERTIFICATIONS Register of Professional Archaeologists, 1995 American Cultural Resources Association, 2004 Society for American Archaeology, 1990 Society for California Archaeology, 1990 Society for Historical Archaeology, 1995 Applicant's Name: American Tower Corporation Project Name: Chico Project Number: 82596 Page 7 of 16 FCC Form 621 January 2005 CO SUBMISSION PACKET -- FCC FORM 621 Approved by OMB 3060-1039 Estimated Time Per Response: .5 to 10 hours Attachment 2. Additional Site Information. None. Attachment 3. Tribal and NHO Involvement It is ART's understanding that GeoTek will contact the appropriate Native American representatives) regarding the subject project. The following letter was prepared by ART to satisfy Section 106 requirements regarding Other Interested Parties. Attachment 4. Local Government It is ART's understanding that GeoTek will contact the appropriate government agencies regarding the subject project. The following letter was prepared by ART to satisfy Section 106 requirements regarding Other Interested Parties. Attachments 5 and 6. Public Involvement Attached. Applicant's Name: American Tower Corporation Project Name: Chico Project Number: 82596 Page 8 of 16 FCC Form 621 January 2005 May 1, 2005 CO SUBMISSION PACKET -- FCC FORM 621 Approved by OMB 3060-1039 Estimated Time Per Response: .5 to 10 hours Archaeological Resources Technolosry 135 Va encu stn -et, suite A4o8, s. F, CA 941o3 • 307 Decanter Grde, Win r, CA 95492 email: CL@culturalpro.com • fax: (707) 837-1911 • telephone: (707) 837-1811 & (415) 602-3143 Archie McDonald, President Butte County Historical Society 1480 Lincoln Street Oroville CA 95965 RE: American Tower Corporation Tower No. 82596 Dear Mr. McDonald: Archaeological Resources Technology (ART) is conducting a cultural resources study for a telecommunications tower located in Chico, Butte County. Please see project location map, attached. Our field investigation resulted in no indication of archaeological deposits present in the area of potential effect. We respectfully request any information or concern you or members of your organization may have regarding this project. Please feel free to contact me via email or telephone within 30 days. Very truly yours, Carolyn Losee, MA/RPA Owner, Principal CL/bcc Attachment (portion of USGS Chico 7.5' Topo Quad) Applicant's Name: American Tower Corporation Project Name: Chico Project Number: 82596 Page 9 of 16 . FCC Form 621 January 2005 FI O O O 0 0% M On C M V a M • • CO SUBMISSION PACKET -- FCC FORM 621 Approved by OMB 3060-1039 Estimated Time Per Response: .5 to 10 hours 121052.000' W WGS64 121051.000'W e•.�e.••�tlp • p �, h • .;u v ex,�r• p � • f75 • ' zee r ��: �'rs_ s �y�, F �•,�at .; a •�� � h� M 379 �,'�ir `' j����`� ���sr�yt', e ' 7:� 1. Y.. R"SL 2A �. .. •fh iti. 1�b Project Location CH 3 TEX L E� - \ - :•i�`� •• eft' tai;-'=: � _. '� } ', � .5. . * "�'�' � A rare •. �� 1✓° a• • �� ; - � m � it fih, . ' ORE e: . ::'..•r a< « e • �.BN 80j 121052.000' W WGS64 121051.000' W TN's /MN 0 .5 t MILE 15�° 1000 FEET 0 500 t000 METERS Map created with TOPO!@ @2003 National Geographic (www.nationalgeogtaphic.conJtopo) o! ' i Z) D D FA Perk I • ; r 4u z;..: .. _ ter e•.�e.••�tlp • p �, h • .;u v ex,�r• p � • f75 • ' zee r ��: �'rs_ s �y�, F �•,�at .; a •�� � h� M 379 �,'�ir `' j����`� ���sr�yt', e ' 7:� 1. Y.. R"SL 2A �. .. •fh iti. 1�b Project Location CH 3 TEX L E� - \ - :•i�`� •• eft' tai;-'=: � _. '� } ', � .5. . * "�'�' � A rare •. �� 1✓° a• • �� ; - � m � it fih, . ' ORE e: . ::'..•r a< « e • �.BN 80j 121052.000' W WGS64 121051.000' W TN's /MN 0 .5 t MILE 15�° 1000 FEET 0 500 t000 METERS Map created with TOPO!@ @2003 National Geographic (www.nationalgeogtaphic.conJtopo) o! ' i Z) D D FA 0 • CO SUBMISSION PACKET -- FCC FORM 621 Approved by OMB 3060-1039 Estimated Time Per Response: .5 to 10 hours Attachment 7. Area of Potential Effect (APE) a. As determined using project documents provided by GeoTek, the APE for direct effects is a 480 -square -foot lease area, or the proposed expansion area to accommodate both carriers (and possibly future growth). An additional, approximate 50 -foot radius from the lease areas may be included for vehicular access and staging during construction. All direct areas of potential effect have been disturbed by construction of the existing telecommunications compound, and covered with concrete. b. The APE for visual effects should include an approximate 2 -block radius from the existing equipment cabinets, as determined by Carolyn Losee during her site visit in May 2005. Attachment 8. Historic Properties Identified in the APE for Visual Effects a. There are no known Historic Properties located in the APE for visual effects. b. To date, there are no known Historic Properties in the APE for visual effects identified through the comments of Indian Tribes, NHOs, local governments or members of the public. c. Not applicable. Attachment 9. Historic Properties Identified in the APE for Direct Effects a. There are no Historic Properties identified in Attachment 8a or 8b that are located within the APE for direct effects. b. Not applicable. c. A record search was conducted at the Northeast Information Center (NEIC) of the California Historical Resources Information System (CHRIS) for the project area on 27 April 2005 (I.C. File # D05-32). The -direct Area of Potential Effect (APE) is comprised of the 480 -square -foot lease area. The indirect APE consists of about a two -block radius from the lease area. A Y2 -mile radius from project location was used for the records search. Applicant's Name: American Tower Corporation Project Name: Chico Project Number: 82596 Page 11 of 16 FCC Form 621 January 2005 CO SUBMISSION PACKET -- FCC FORM 621 Approved by OMB 3060-1039 Estimated Time Per Response: .5 to 10 hours After reviewing the State of California. Office of Historic Preservation records, base maps, historic maps, and literature for Butte County, it was concluded that the proposed project area contains no recorded Native American or historic -period archaeological resources listed with the California Historical Resources Information System. According to the records search, portions of the project have been previously surveyed for cultural resources. Additionally, archaeological surveys, an excavation/evaluation report, and a cultural resources assessment report were conducted within the search radius (refer to References, below). The Office of Historic Preservation (OHP), Historic Property Data File (HPD) lists 12 properties located between the address of 920- and 1331- 8th Avenue in Chico, within '/z -mile of the project location. These properties lie safely outside the area of visual effect for the proposed project. The area is located within the ethnographic territory of the Mechoopda tribelet of the Konkow, a subgroup of the Maidu. Review of historical literature and maps indicates that the Chico Rancheria (Site No. CA -BUT - 574/H), associated with the significant estate of John Bidwell, is located about '/2 -mile from the proposed project. Additionally, a Native American cemetery (that is still in use today) was noted during an archaeological survey for the Chico Urban Area Nitrate Compliance Project (Westwood & Bevill, 2000). Again, these resources are located safely beyond any Area of Potential Effect for the proposed project. The following historic references were also reviewed: the National Register of Historic Places — Listed Properties and Determinations of Eligibility (2005); California Register of Historical Resources; California Inventory of Historic Resources (1976); California Historical Landmarks (1996 and updates); California Points of Historical Interest (1992 and updates); Handbook of North American Indians, Vol. 11, Great Basin (1986; Historic Spots in California (1966); Gold Districts of California (1970); Caltrans Local Bridge Survey (1987), and the Directory of Properties in the Historic Property Data File for Butte County (2005). Applicant's Name: American Tower Corporation Project Name: Chico Project Number: 82596 Page 12 of 16 FCC Form 621 January 2005 ..^ . 0 0 CO SUBMISSION PACKET -- FCC FORM 621 Approved by OMB 3060-1039 Estimated Time Per Response: .5 to 10 hours Results of the records search indicated that the project "appears to be located in an area considered to be highly sensitive for prehistoric, ethnographic, and historic cultural resources." On 1 May 2005 1 personally visited the project location. The ground was disturbed entirely for the construction of the existing telecommunications compound, i.e. zero percent of aboriginal ground remained. As mentioned above, the 12 HPD -listed properties located between the address of 920- and 1331 -8th Avenue (within'/2-mile of the project location) lie well beyond the direct z and visual APEs for the proposed project. In sum, results of ART's survey were negative. The placement of two additional equipment pads with telecommunications equipment cabinets should have no adverse impacts to cultural resources at the subject location. Attachment 10. Effects on Identified Properties a. There are no Historic Properties identified in Attachment 8a or 8b that are located within the APE for direct effects. b. There has been no correspondence or discussions between ART and the SHPO for the subject project. c. The absence of an architectural history investigation for the existing project precludes a discussion herein of alternatives that might avoid, minimize, or mitigate any adverse effects. Attachment 11. Photographs Since no Historic Properties are located in Area of Potential Effects ("APE") for direct effects, no photographs are provided herein. Attachment 12. Map: USGS Chico 1975 7.5' Topo Quad portion, attached. Applicant's Name: American Tower Corporation Project Name: Chico Project Number: 82596 Page 13 of 16 FCC Form 621 January 2005 E'A II O 0 a M 2 C C n 0 0 (r 0 0 CO SUBMISSION PACKET -- FCC FORM 621 Approved by OMB 3060-1039 Estimated Time Per Response: .5 to 10 hours 121052.000' W WGS84 121051.000' W :. Lox. u i�' ♦• 4 rL:' � I .h�� >�'` e e • %bp � � � � � .� t�•.xjL � 7` .:fir .:L� N. .. �dp;� � ��•�}`at. �_ i'l.�R., ftp ♦ �♦i : a �,�,, ��� , Y�7:: Candidate Locationw ae. xaer,,. j ♦C'i¢� 'f' r:' 'a`.l r6ati< ' :.a♦a •4Qgx� wqv !�. ,� �`rr'�',�i� ` 1 �"",.�1� �i �^'• ACR M6N.T t• �! Visual APE, cRecords Search Area p M� AveR dale �° rr 6'. .:.. . (, 169 +�� u.� i mr .� • V � i,¢ ��: `. e:.c�♦.•' of 1 s t)RE�Ep r n � �� • •: C .°aea••o • r o n �. �•8M 801_� 121052.000' W WG584 121'S1.000' W TN MN 0 .5 I MILE 15%e 1000 FEET 0 500 t000 METERS IYI Map created with TOPO! 8 02003 National Geographic(www.nationalgeogmphic.comltopo) 7 D D T Y) FA ..Peak C ,�i _•, :�Cr —.LINO¢ r `� o• •) .. *`s ,y,•• t'�� ,�'','.• { f1'.. ,civ. :. Lox. u i�' ♦• 4 rL:' � I .h�� >�'` e e • %bp � � � � � .� t�•.xjL � 7` .:fir .:L� N. .. �dp;� � ��•�}`at. �_ i'l.�R., ftp ♦ �♦i : a �,�,, ��� , Y�7:: Candidate Locationw ae. xaer,,. j ♦C'i¢� 'f' r:' 'a`.l r6ati< ' :.a♦a •4Qgx� wqv !�. ,� �`rr'�',�i� ` 1 �"",.�1� �i �^'• ACR M6N.T t• �! Visual APE, cRecords Search Area p M� AveR dale �° rr 6'. .:.. . (, 169 +�� u.� i mr .� • V � i,¢ ��: `. e:.c�♦.•' of 1 s t)RE�Ep r n � �� • •: C .°aea••o • r o n �. �•8M 801_� 121052.000' W WG584 121'S1.000' W TN MN 0 .5 I MILE 15%e 1000 FEET 0 500 t000 METERS IYI Map created with TOPO! 8 02003 National Geographic(www.nationalgeogmphic.comltopo) 7 D D T Y) FA CO SUBMISSION PACKET -- FCC FORM 621 Approved by OMB 3060-1039 Estimated Time Per Response: .5 to 10 hours References Desautels, Roger. 1981. Archaeological and Historical report for CA -BUT -574, the Proposed Student Housing Project Area Located on Campus of California State University at Chico. Study No. 607 on file at the Northeast Information Center, Chico. Holson, John (Pacific Legacy Inc.). 2002. Cultural Resource Assessment for Cingular SA -989-01, West Chico. Study No. 4360 on file at the Northeast Information Center, Chico. Jensen, Peter M. (Jensen & Associates). 1991. Archaeological Inventory Survey for the Proposed Jesse/Durkin Subdivision Project Involving 9.66 Acres Located Near the Intersection of Nord Avenue and West 89th Avenue, West Chico, Butte County, California. Study No. B -L-452 on file at the Northeast Information Center, Chico. _. 2000. Archaeological Survey, Ostrander 1.7 Acre Development Project. Study No. B -L-452 on file at the Northeast Information Center, Chico. Manning, James. P. 1979. Archaeological Reconnaissance for the Big Chico Creek Estates. Study No. B -L-72 on file at the Northeast Information Center, Chico. _. 1979. Archaeological Reconnaissance for the Proposed Storm Drain Pipe Route Within the Sacramento Avenue Assessment District. Study No. B -L-452 on file at the Northeast Information Center, Chico. Minor, Rick & Jackson Underwood, et al. (Dames & Moore). 1987. Cultural Resources Survey for the U. S. Sprint Fiber Optic Cable Project, Oroville, California to Eugene, Oregon. Study No. 827 on file at the Northeast Information Center, Chico. Nelson, Wendy et al. (Far Western) 2000. Cultural Resources Survey for the Level (3) Communications Long Haul Fiber Optics Project, Segment WP04: Sacramento to Redding. Study No. 4658 on file at the Northeast Information Center, Chico. State of California. California Historical Landmarks. Department of Parks and Recreation. Sacramento, CA. 1979. Page 15 of 16 Applicant's Name: American Tower Corporation Project Name: Chico Project Number: 82596 FCC Form 621, January 2005 0 CO SUBMISSION PACKET -- FCC FORM 621 Approved by OMB 3060-1039 Estimated Time Per Response: .5 to 10 hours _. California Inventory of Historic Resources. Department of Parks and Recreation. Sacramento, CA. 1976. United States Geologic Survey. 1975. Chico 7.5' Topographic Quad. Vaughn, Trudy (Dames & Moore). 1987. U.S. Sprint Fiber Optic Cable Project, Oroville California to Eugene, Oregon Addendum #4, Cultural Resources Survey of the Proposed Regeneration Stations and Point of Presence Sites from Oroville to Eugene. Study No. 827 Addendum on file at the Northeast Information Center, Chico. Westwood, Lisa & Russell Bevill (Dames & Moore). 2000. Archaeological Survey Report for the Chico Urban Area Nitrate Compliance Plan Environmental Impact Report Project, Chico,. California. Study on file at the Northeast Information Center, Chico. Applicant's Name: American Tower Corporation Project Name: Chico Project Number: 82596 Page 16 of 16 FCC Form 621 January 2005 A 11/8/2005 To: Subject: Planner: APN: Location: 4k Butte County Department of Development Services Tim Snellings, Interim Director www.buttecountv.net/dds 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION* BUILDING* PLANNING Inter -Departmental Review Committee Final Conditions for Karasinski, Ken & Ellen MUP 05-05 Mark Michelena 043-200-005 On the north side of Highway 32 (Nord Avenue), approximately 1200 feet north of West Sacramento Avenue at 1298 Nord Avenue, Chico Attached please find the Conditions for your review of the mitigation measures and conditions. A hard copy of the application, including maps, was sent to Environmental Health, LAFCo, the Assessor's office, the Public Works Director, the Agricultural Commissioner, CDF, and the Building Manager at the time of application. The purpose of this notice is to give you the opportunity to comment on the Conditions electronically to the planner, if you so desire, so that preparations can be made for the completion of the Agenda Report. PLEASE SEND YOUR RESPONSE BY 11/09/05 TO: MMICHELENA@BUTTECOUNTY.NET Comments: Looks Good Signature: Date: Darren Read _11/03/05 K://planning/project/a new file/idr/idr final conditions Revised 10/28/05 S Michelena, Mark From: Wannenmacher, Felix Sent: Tuesday, July 12, 2005 3:09 PM To: Michelena, Mark; 'Stephen A. Streeter' Cc: Miller, Gloria Subject: Cingular Wireless Application (MUP 05-05) A#05-438 Hi Mark and Stephen, Often Env Heal wants a haz mat statement. You should check to see if it is appropriate here. Otherwise, it seems fine. Felix CONFIDENTIAL -- ATTORNEY-CLIENT PRIVILEGE CONFIDENTIALITY NOTICE: This email transmission, and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering this email to the intended recipient, then you are (1) notified that any disclosure, copying, distribution, saving, reading or use of this information is strictly prohibited, (2) requested to discard and delete this email and any attachments, and (3) requested to immediately notify us by email that you mistakenly received this message. Thank you. 1 s BUTTE COUNTY STANDARD CONDITIONS FOR MINOR USE PERMITS APPLICANT: Cingular Wireless DATE: 6/24/2005 AGENT: Peek Site Com APN: 043-200-005 FILE #: MUP 05-05 PLANNER: Mark Michelena PROJECT DESCRIPTION: To co -locate 12 panel antennas (6 initial/6 future) at a height of 70.7 ft, along with two future microwave dishes (4' and 2') at a height of 68 ft. Associated ground equipment will be placed on a 10 ft x 20 ft concrete pad within the extended lease area. Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. FIRE PROTECTION ❑ 1. Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations— Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. ❑ 2. Prior to construction, a pressurized community water system for fire protection is required. Bonding may be allowed with the approval of the County Fire Chief. Average required hydrant spacing is feet, hydrant size inches, and residual fire flow of GPM. Fire hydrant identification, road reflectors or post reflectors acceptable to the County Fire Chief shall be installed or bonded, prior to Parcel or Final map recordation. Submit plans to the Fire Department for review and approval prior to construction. ❑ 3. Place a note on a separate document and recorded concurrently with the Parcel, Final map or an additional map sheet stating that "Fire suppression sprinkler systems shall be installed in all new residential dwellings in accordance with NFPA Standard 13D, unless a pressurized community water system with hydrants that meet Fire Department specifications serves the property." A note stating "Automatic Fire Sprinklers conforming to NFPA Standard 13D required" is to be added to all affected building plans. ❑ 4. In lieu of hydrant installation, prior to recordation of the Parcel or Final map, payment shall be made into the hydrant fund at the current rate per lineal foot of street frontage. X 5. Prior to building construction, provide an all weather access of at least 10 feet wide and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000 -pound fire apparatus to within 150 feet of all structures. ❑ 6. Place a note on a separate document, which is to be recorded concurrently with the Parcel or Final map, or on an additional map sheet stating, "Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the time of permit issuance and maintained continuously thereafter. Butte County Department of Development Services Planning Memorandum June 28, 2005 To: Inter -Departmental Review Committee Subject: Karasinski, Ken & Ellen, MUP 05-05 , Planner: Mark Michelena APN: 043-200-005 Location On the north side of Highway 32 (Nord Avenue), approximately 1200 feet north of West Sacramento Avenue at 1298 Nord Avenue, Chico 30 -Day Coin..lete: 7/23/2005 Date of IDR: 17/13/2005 Please respond by July 11, 2005, regarding completeness of application. Do you find this application complete? ❑ 1 No. What is needed to make the application complete? X Yes. Conditions and/or mitigation measures (please respond by July 28, 2005). Standard Conditions are attached for your convenience. Signature: Darren Read Date: 07/11/05 (Please send your response to mmichelena @buttecounty.net.) This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps, has been sent to Environmental Health, LAFCo, County Counsel, the Assessor's office, the Public Works Director, the Agricultural Commissioner, CDF, and the Building Manager. All Environmental Health correspondence is routed through Mary Johnston at 7 County Center Drive. The purpose of this notice is to give you the opportunity to comment on the completeness of this application electronically to the planner, so that preparations can be made for the IDR meeting on 07/11/05. • Michelena, Mark From: Read, Darren [Darren.Read@fire.ca.gov] Sent: Monday, July 11, 2005 4:09 PM To: Michelena, Mark Subject: FW: Karasinski MUP 05-05 APN 043-200-005 Darren Read Fire Captain, Fire Protection Planning Law Enforcement & Fire Prevention Bureau CDF Fire, Butte County Fire Rescue City of Biggs and Gridley Fire Departments 176 Nelson Ave. Oroville CA 95965 (530) 538-7888 Work (530) 538-2105 Fax (530) 521-8072 Cell 0 Page 1 of 1 -----Original Message ----- From: Viernes, Sherry [mailto:sviernes@buttecounty.net] Sent: Wednesday, June 29, 2005 1:58 PM To: Adler, Lana; Bottenfield, Cliff; Breedon, Dan; Christopher, Yvonne; Durling, Carl; Edell, Stuart; Fogel, Doug; Fowler, Steve; Haslem, Felicia; Hill, Rob; Johnston, Mary; Lawrence, Gail; Leasure, Paula; Lucas, Steve; MacKenzie, Robert; Mann, Cyndi; McClain, Dave; McCracken, Shari; McIntosh, Paul; Michelena, Mark; Price, Richard; Read, Darren; Reimers, Ken; Rutherford, Scott; Schroth, Eric; Seidler, Kim; Severin, Vance; Starrett, Bill; Streeter, Stephen; Teitelman, Eric M.; Tolley, Chris; Wannenmacher, Felix Subject: Karasinski MUP 05-05 APN 043-200-005 Please review the attached documents. They are being provided to you for your comments. Thank you for your attention in this matter. Sherry L. Viernes Office Specialist, Senior Development Services 7 County Center Drive Oroville, CA 95965 (530) 538-5260 7/12/2005 BUTTE COUNTY JUL 11 2005 DEVELOPMENT SERVICES 0 Butte County Department of Development Services Planning Memorandum June 28, 2005 ENVIRONMENTAL HEAL: 1-r JUN 2 9 2005 CHICO, CALIFORN`A To: Inter -Departmental Review Committee Subject: Karasinski, Ken & Ellen MUP 05-05-----� Planner: Mark Michelena APN: 043-200-005 Location On the north side of Highway 32 (Nord Avenue), approximately 1200 feet north of West Sacramento Avenue at 1298 Nord Avenue, Chico 30 -Day Complete: 7/23/2005 Date of IDR:,,. 7/13/2005 Please respond by July 11, 2005, regarding completeness of application. Do you find this application complete? ❑ I No. What is needed to make the application complete? Yes. Conditions and/or mitigation measures (please respond by July 28, 2005). Standard Conditions are attached for your convenience. Signature: Date: (Please send your response to mmichelena @buttecounty.net.) This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps, has been sent to Environmental Health, LAFCo, County Counsel, the Assessor's office, the Public Works Director, the Agricultural Commissioner, CDF, and the Building Manager. All Environmental Health correspondence is routed through Mary Johnston at 7 County Center Drive. The purpose of this notice is to give you the opportunity to comment on the completeness of this application electronically to the planner, so that preparations can be made for the IDR meeting on 07/11/05. C* • Butte County Department of Development Services Planning Memorandum June 28, 2005 To: Inter -Departmental Review Committee Subject: Karasinski, Ken & Ellen, MUP.05-05 Planner: Mark Michelena APN: 043-200-005 Location On the north side of Highway 32 (Nord Avenue), approximately 1200 feet north of West Sacramento Avenue at 1298 Nord Avenue, Chico 30 -Day Complete: 7/23/2005 Date of IDR: 7/13/2005 Please respond by July 11, 2005, regarding completeness of application. Do you find this application complete? X Yes. Conditions and/or mitigation measures No apparent adverse agricultural issues, no other conditions or mitigating measures. Signature: Robert C. Hill, Deputy Ag. Commissioner Date: July 11, 2005 (Please send your response to mmichelena @buttecounty.net.) This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps, has been sent to Environmental Health, LAFCo, County Counsel, the Assessor's office, the Public Works Director, the Agricultural Commissioner, CDF, and the Building Manager. All Environmental Health correspondence is routed through Mary Johnston at 7 County Center Drive. The purpose of this notice is to give you the opportunity to comment on the completeness of this application electronically to the planner, so that preparations can be made for the IDR meeting on 07/11/05. r� 0 n CITY OF CHICO MEMORANDUM TO: Marls Michelena, Butte County Pl g DATE: July 1, 2005 FROM: Ed Palmeri, Associate Planner - co FILE: A -BC -07 SUBJECT: Cingular Wireless Minor Use Permit MUP 05-05 The equipment should be painted a compatible color with the existing equipment. S:\EP\GENCORR\COUNTY COMMENTS\CINGULAR MUP 05-05 - NORD AVE.wpd REECEWED J U L 6 2005 BUTTE COUNTY DEVELOPS EN"t SE?2\"ICES Butte County Department of Development Services Planning Memorandum Date To: Inter -Departmental Review Committee Subject: Agenda Report for MUP 05-05, Cingular Wireless Planner: Mark Michelena APN: 043-200-005 Location On the north side of Highway 32 (Nord Avenue), approximately 1200 feet north of West Sacramento Avenue at 1298 Nord Avenue, Chico Date of IDR: 7/13/2005 Attached please find the Agenda Report for MUP 05-05, Cingular Wireless for your review of the mitigation measures and conditions. A hard copy of the application, including maps, was sent to Environmental Health, LAFCo, County Counsel, the Assessor's office, the Public Works Director, the Agricultural Commissioner, CDF, and the Building Manager at the time of application. The purpose of this notice is to give you the opportunity to comment on the Agenda Report electronically to the planner, if you so desire, so that preparations can be made for the IDR meeting on 7/13/2005. Comments: (Please send your response to mmichelena@buttecounty.net.) 1. Prior to the issuance of building permits, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained on- site and/ or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. Signature: Date: Documentl E. Schroth 7/7/05 Butte County Department of Development Services Planning Memorandum June 28, 2005 To: Inter -Departmental Review Committee Subject: Karasinski, Ken & Ellen, MUP 05-05 Planner: Mark Michelena APN: 043-200-005 Location On the north side of Highway 32 (Nord Avenue), approximately 1200 feet north of West Sacramento Avenue at 1298 Nord Avenue, Chico 30 -Day Complete: 1 7/23/2005 Date of IDR: 7/13/2005 Please respond by July 11, 2005, regarding completeness of application. ' Do you find this application complete? ❑ 1 No. What is needed to make the application complete? ® Yes. Conditions and/or mitigation measures (please respond by July 28, 2005). Standard Conditions are attached for your convenience. Signature: E. Schroth Date: 7/7/05 (Please send your response to mmichelena @buttecounty.net.) This application is being provided to you for comments. Please see attached documents. A hard copy of ; the application, including maps, has been sent to Environmental Health, LAFCo, County Counsel, the Assessor's office, the Public Works Director, the Agricultural Commissioner, CDF, and the Building Manager. All Environmental Health correspondence is routed through`Mary Johnston at 7 County Center Drive. The purpose of this notice is to give you the opportunity to comment on the completeness of this application electronically to the planner, so that preparations can be made for the IDR meeting on 07/11/05. anPacific Gas and Electric Company July 5, 2005 BUTTE • COUNTY JUL 0 7 2005 460 Rio Lindo Avenue Chico, CA 95926 DEVELOPMENT 530/894-4423 VI'M FAX 530/8944414 Mr. Mark Michelena Butte County Department of Development Services, Planning Division 7 County Center Drive Oroville, CA 95965-3397 RE: Minor Use Permit-(Cingular Wireless) File: MUP 05-05, APN: 043-200-005 Dear Mr. Michelena: We have reviewed the subject site plan. Don Chambers Chico Land Rights Office Any relocation or rearrangement of any existing PG&E facilities in the area to accommodate this project will be at the expense of the developer. There shall be no building of structures, or the storage of any materials allowed over or under any existing PG&E facilities, or inside any easements that exist. Thank you for the opportunity to review this matter. If you have any questions, please call me in Chico at 894-4423. Sincerely, �7 Donald W. Chambers Land Agent (file: MUP05-05.doc) a }" wx COUNTY COUNSEL o " t CORRESPONDENCE - O 1 v 1 o � v v o v e a v 0 e a o v v a v ' p ° " a p 0 e ° v 0 a o v v a " a 0 0 i a v 0 0 a o v v a v v 0 o o v v v a V • as, - n��>>-,®v�j q�nY��r ® ®mss:. ��'�q'CLI _� ® ULIrdA sill ib) LU G[,�i al>> ® s em v0a) 62L6ftm ni(b)) D 12/12/2005 Butte County Department of Development Services 9:37 AM Pre-Bill Worksheet Page 3 MUP 05-05:Karasinski, Ken & Ellen (continued) Amount Total TOTAL Billable Fees 0.00 $0.00 Do Not Bill 0.44 $59.86 No Charge 11.72 $1,606.62 Date Employee Price Quantity Amount Total ID Expense Markup % Activity: Publishing Expense 11/22/2005 PUBLISH 0.00 1.000 0.00 Billable 10277 Publishing Expense 1 Publish in Newspaper - Chico Enterprise Record F06-107 11/22/05 1 waiting for invoice TOTAL Billable Costs $0.00 . Amount Total Total of Fees (Time Charges) $0.00 Total of Costs (Expense Charges) $0.00 Total new charges $0.00 Accounts Receivables DatelID Type Description 6/24/2005 INV Invoice - Flat Fee Project $1,997.00 1953 6/24/2005 PAY Payment - Receipt #431169 ($1,997.00) 1954 6/24/2005 INV Invoice - NOD/NOE Recording Fee $36.00 1955 6/24/2005 PAY Payment - Receipt #431169 ($36.00) 1956 Total Accounts Receivable $0.00 Total New Balance $0.00 12/12/2005 Butte County Department of Development Services 9:37 AM Pre -Bill Worksheet Page 4 MUP 05-05:Karasinski, Ken & Ellen (continued) Employee Summary Employee Rate Hours Charges Slip Value Adjustment MM 0.00 10.16 $0.00 $0.00 0.00 LR 0.00 0.75 $0.00 $0.00 0.00 SV 0.00 0.81 $0.00 $0.00 0.00 12/12/2005 Butte County Department of Development Services 9:37 AM Pre -Bill Worksheet Nickname MUP 05-05 1 Cingular Full Name Karasinski, Ken & Ellen Address 1298 Nord Avenue Chico CA 95926 Business (916) 390-9086 Fax Home Other In Ref To 043-200-005 Owner: Karasinski, Ken & Ellen Packets - Clerical.O. Box 3000 Hartford, CT 06150 Notes 043-200-005 Date Employee Rate ID Task Markup % _ Activity: none 10/18/2005 Mark 137.00 10094 Report &/or Project Analysis Reports and/or project analysis related to the application. 12/8/2005 Mark 137.00 10406 Meeting - Planner Time spent in meetings (Not incl. Public Hearings). 12/5/2005 Mark 137.00 10370 Report &/or Project Analysis Reports and/or project analysis related to the application. 11/28/2005 Mark 137.00 10309 Report &/or Project Analysis Reports and/or project analysis related to the application. 11/22/2005 Lynn 137.00 10290 Clerical Activities 11/21/2005 Lynn 137.00 10278 Publication - Clerical Time spent preparing & publishing for Hearing related to applicant 11/15/2005 Mark 13.7.00 10257 Report &/or Project Analysis Reports and/or project analysis related to the application. 10/29/2005 Mark 137.00 10169 Report &/or Project Analysis Reports and/or project analysis related to the application. 6/27/2005 Lynn 137.00 9113 Initial Processing - Clerical Input, initial clerical processing of application. 10/18/2005 Mark 137.00 10093 Report &/or Project Analysis Reports and/or project analysis related to the application. Hours Amount DNB Time DNB Amt 1.13 155.46 1.13 155.46 0.25 34.25 0.25 34.25 0.25 34.25 0.25 34.25 0.39 53.92 0.39 53.92 0.00 0.00 0.75 102.75 0.75 102.75 1.73 237.20 1.73 237.20 0.41 56.02 0.41 56.02 0.44 59.86 0.44 59.86 1.78 243.82 1.78 243.82 Page 1 Total No Charge No Charge No Charge No Charge No Charge No Charge No Charge No Charge Do Not Bill No Charge 12/12/2005 Butte County Department of Development Services 9:37 AM Pre -Bill Worksheet Page 2 MUP 05-05:Karasinski, Ken & Ellen (continued) Date Employee Rate Hours Amount Total ID Task Markup % DNB Time DNB Amt 10/17/2005 Mark 137.00 0.21 28.85 No Charge 10088 Report &/or Project Analysis 0.21 28.85 Reports and/or project analysis related to the application. 9/30/2005 Mark 137.00 0.69 94.68 No Charge 9912 CEQA 0.69 94.68 Prepare initial studies, mitigations, neg. dec EIRs including analysis. 7/13/2005 Mark 137.00 0.45 62.07 No Charge 9266 Meeting - Planner 0.45 62.07 . IDR - Completeness 6/29/2005 Sherry 137.00 0.55 74.70 No Charge 9160 Initial Processing - Clerical 0.55 74.70 Input, initial clerical processing of application. 6/27/2005 Sherry 137.00 0.26 35.92 No Charge 9124 Initial Processing - Clerical 0.26 35.92 Input, initial clerical processing of application. 6/27/2005 Mark 137.00 1.12 152.98 No Charge 9121 Circulation - Planner 1.12 152.98 Determine an application's completeness/circulate for staff comments/analysis. Total: none 0.00 $0.00 No Charge 9.97 $1,366.87 Do Not Bill 10.41 $1,426.73 Activity: Hearing -Planner 12/8/2005 Mark 137.00 0.50 68.50 No Charge 10411 Hearing - Planner 0.50 68.50 Total: Hearing -Planner 0.00 $0.00 No Charge 0.50 $68.50 Do Not Bill 0.50 $68.50 Activity: Site Visit 7/29/2005 Mark 137.00 1.25 171.25 No Charge 9472 Site Review 1.25 171.25 Field review of project site/vicinity including travel time. Total: Site Visit 0.00 $0.00 No Charge 1.25 $171.25 Do Not Bill 1.25 $171.25 0 Butte County Department of Development Services Administration - AR. 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone Minor Use Permit File: MUP 05-05 APN: 043-200-005 Applicant: Cingula Date:.January 20, 2006 1298 Nord Avenue Chico, CA 95926 I N V 0 1 C E MUP 05-05 Planning charges are captured in arrears. At the date of this invoice, the following charges had been recorded and entered into our billing program. There may be additional charges in the processing of your application that have not yet been entered into the billing program, and are not reflected on N this invoice. Charges entered after this invoice date will be reflected on subsequent billings. At the time all charges are entered and billed, you will II.— receive a FINAL INVOICE. Z n The following DISBURSMENTS have been applied towards your Project(s): N Deposit Disbursement Detail: NDeposit Date: June 24, 2005 Land Development $ 67.00 3 Receipt: 431169 Environmental Health $ 201.00 C0 Total Payment: $2,533.50 CDF/Fire Department $ 180.00 H NOD/NOE Filing Fee $ 36.00 pAgricultural Department $ 32.50 CL W DEVELOP. SVCS- PLANNING FLAT FEE: $ 1,997.00 TOTAL DISBURSMENT TO DATE: $ 2,533.50 The following CHARGES have been applied towards processing of your application: N as of: January 20, 2006 O Publishing Fees Due: $ 103.41 (L W Chico ER on 11/22/1 H N Z � TOTAL PUBLISHING FEES DUE: $ 103.41 Q fn W Q _ Butte County Code 3-44 Hourly fees; deposits; billing procedures: County code requires when the initial deposited funds are depleted to an amount equal to 25% of the original deposit, no processing of the application will occur until the applicant deposits sufficient funds to restore a W balance equal to the amount of the initial deposit, or a lesser amount as determined by the Director of Development Services. In the event the applicant does not provide sufficient funds to continue processing an application, the application will be denied. H Z Make checks payable to: Butte County Treasurer and send it to us at the above address. C) you have an Should y y questions, please call Accounts Receivable between 8:00 a.m. to 4 p.m., Monday through Friday. Q AMOUNT DUE AND PAYABLE BY: $ 103.41 February 4, 2006' Biller. GLB K:\FISCAL ADMIN\BILLINGS 8 REFUNDS\2006 invoices\Master invoices\publishing invoice revised 11-28-05 1/20/2006 Butte County Department of Development Services 1:09 PM Pre-Bill Worksheet Page 1 Nickname MUP 05-05 1 Cingular Full Name Karasinski, Ken & Ellen Address 1298 Nord Avenue Chico CA 95926 Business (916) 390-9086 Fax Home Other In Ref To 043-200-005 Owner: Karasinski, Ken & Ellen Packets - Clerical.O. Box 3000 Hartford, CT 06150 Notes 043-200-005 Date Employee Rate Hours Amount Total ID Task Markup % DNB Time DNB Amt Activity: none 10/18/2005 Mark 137.00 1.13 155.46 No Charge 10094 Report &/or Project Analysis 1.13 155.46 Reports and/or project analysis related to the application. 12/21/2005 Lynn 137.00 0.27 36.53 No Charge 10505 Mtg - Clerical 0.27 36.53 Arrange/attend associated with project review 12/8/2005 Mark 137.00 0.25 34,.25 No Charge 10406 Meeting - Planner 0.25 34.25 Time spent in meetings (Not incl. Public Hearings). 12/5/2005 Mark 137.00 0.25 34.25 No Charge 10370 Report &/or Project Analysis 0.25 34.25 Reports and/or project analysis related to the application. 11/28/2005 Mark 137.00 0.39 53.92 No Charge 10309 Report &/or Project'Analysis 0.39 53.92 Reports and/or project analysis related to the application. 11/22/2005 Lynn 137.00 0.00 0.00 No Charge 10290 Clerical Activities 11/21/2005 Lynn 137.00 0.75 102.75 No Charge 10278 Publication - Clerical 0.75 102.75 Time spent preparing & publishing for Hearing related to applicant. 11/15/2005 Mark 137.00 1.73 237.20 No Charge 10257 Report &/or Project Analysis 1.73 237.20 Reports and/or project analysis related to the application. 10/29/2005 Mark 137.00 0.41 56.02 No Charge 10169 Report &/or Project Analysis 0.41 56.02 Reports and/or project analysis related to the application. 6/27/2005 Lynn 137.00 0.44 '59.86 Do Not Bill 9113 Initial Processing - Clerical 0.44 59.86 Input, initial clerical processing of application. 1/20/2006 Butte County Department of Development Services 1:09 PM Pre -Bill Worksheet Page 2 MUP 05-05:Karasinski, Ken & Ellen (continued) Date Employee Rate Hours Amount Total ID Task Markup % DNB Time DNB Amt 10/18/2005 Mark 137.00 1.78 243.82 No Charge 10093 Report &/or Project Analysis 1.78 243.82 Reports and/or project analysis related to the application. 10/17/2005 Mark 137.00 0.21 28.85 No Charge 10088 Report &/or Project Analysis 0.21 28.85 Reports and/or project analysis related to the application. 9/30/2005 Mark 137.00 0.69 94.68 No Charge 9912 CEQA 0.69 94.68 Prepare initial studies, mitigations, neg. dec EIRs including analysis. 7/13/2005 Mark 137.00 0.45 62.07 No Charge 9266 Meeting - Planner 0.45 62.07 IDR - Completeness 6/29/2005 Sherry 137.00 0.55 74.70 No Charge 9160 Initial Processing - Clerical 0.55 74.70 Input, initial clerical processing of application. 6/27/2005 Sherry 137.00 0.26 35.92 No Charge 9124 Initial Processing - Clerical 0.26 35.92 Input, initial clerical processing of application. 6/27/2005 Mark 137.00 1.12 152.98 No Charge 9121 Circulation - Planner 1.12 152.98 Determine an application's completeness/circulate for staff comments/analysis. Total: none 0.00 $0.00 No Charge 10.24 $1,403.40 Do Not Bill 10.68 $1,463.26 Activity: Hearing -Planner 12/8/2005 Mark 137.00 0.50 68.50 No Charge 10411 Hearing - Planner 0.50 68.50 Total: Hearing -Planner 0.00 $0.00 No Charge 0.50 $68.50 Do Not Bill 0.50 $68.50 Activity: Site Visit 7/29/2005 Mark 137.00 1.25 171.25 No Charge 9472 Site Review 1.25 171.25 Field review of project site/vicinity including travel time. TOTAL Billable Fees Do Not Bill No Charge Date Employee Price ID Expense Markup % Activity: Publishing Expense 11/22/2005 PUBLISH 103.41 10277 Publishing Expense Publish in Newspaper - Chico Enterprise Record F06-107 11/22/05 0.00 $0.00 0.44 $59.86 11.99 $1,643.15 Quantity Amount Total 1.000 103.41 Billable Total: Publishing Expense $103.41 TOTAL Billable Costs 1/20/2006 Butte County Department of Development Services 1:09 PM Pre -Bill Worksheet Total Page 3 , MUP 05-05:Karasinski, Ken & Ellen (continued) Total of Costs (Expense Charges) Date Employee Rate Hours Amount Total ID Task Markup % DNB Time DNB Amt Total: Site Visit 0.00 $0.00 No Charge 1953 1.25 $171.25 Do Not Bill ($1,997.00) 1.25 $171.25 TOTAL Billable Fees Do Not Bill No Charge Date Employee Price ID Expense Markup % Activity: Publishing Expense 11/22/2005 PUBLISH 103.41 10277 Publishing Expense Publish in Newspaper - Chico Enterprise Record F06-107 11/22/05 0.00 $0.00 0.44 $59.86 11.99 $1,643.15 Quantity Amount Total 1.000 103.41 Billable Total: Publishing Expense $103.41 TOTAL Billable Costs $103.41 Amount Total Total of Fees (Time Charges) $0.00 Total of Costs (Expense Charges) $103.41 Total new charges $103.41 Accounts Receivables DatellD Type Description 6/24/2005 INV Invoice - Flat Fee Project $1,997.00 1953 6/24/2005 PAY Payment - Receipt #431169 ($1,997.00) 1954 6/24/2005 INV Invoice - NOD/NOE Recording Fee $36.00 1955 6/24/2005 PAY Payment - Receipt #431169 ($36.00) 1956 Total Accounts Receivable $0.00 Total New Balance $103.41 0 E 1/20/2006 Butte County Department of Development Services 1:09 PM Pre -Bill Worksheet Page MUP 05-05:Karasinski, Ken & Ellen (continued) Amount Total Employee Summary Employee Rate Hours Charges Slip Value Adjustment MM 0.00 10.16 $0.00 $0.00 0.00 LR 0.00 1.02 $0.00 $0.00 0.00 SV 0.00 0.81 $0.00 $0.00 0.00 Monday, June 27, 2005 Counter Person 'Lana Payment Date :6/24/2005 Receipt Number. 431169 Development Services PLANNING DIVISION ver. 1.0 Received From Lingular 0 i ALUC > (Airport Land Use) is/a Applicant CDF (Fire Department) Application Number' 11MUP 05-05 or In Reference To - '- Aunt Minnie $1, 500 or $2,000 $0.00 i Parcel Number 1,�4-3-200-005 j --T $0.00 I 18911376 Check Number / Cash Total Received2,533.55 �' - a 4 "P. [Total $2,533.50 DDS Planning . (General Fund) $1,997.00 ALUC > (Airport Land Use) Public Works $87.00 (Land Development) Environmental Health ` $201.00 Non Sufficient Funds ($25.00 Fee) CDF (Fire Department) $180.00 NOD / NOE. (Recording Fee) i $36.00 Aunt Minnie $1, 500 or $2,000 $0.00 i Planning Review / EIR j --T $0.00 I Fish/Game $0.00 ALUC > (Airport Land Use) $0.00 $0.00 Non Sufficient Funds ($25.00 Fee) Cell Tower ($2500.00) $0.00 Public Sales /Copies �^ $0.00 Other: ! $32.50 t+� i COUNTY OF BUTTE OFFICIAL RECEIPT 431169 OFFICE OR DEPARTMENT ISSUING RECEIPT J Received from01 �-�l �,1 n t (17�� SC��,01 The Sum of _ For /1 O < <� f PN Received: Received By CASH ❑ Title —1 CHECK .� / By ( DAVCO BUSINESS FORMS • (530) 743-8511 Forth 847 02 . (' COUNTY OF BUTTE AUDITOR'S CERTIFICATE: AND TREASURER'S RECEIPT OROVILLE, CA ATR NO 85912 RECEIVED FROM PLANNING BAG # 328 DATE 6127/2005 FUND FUND DEPT ACCT CASH DESCRIPTION TITLE CODE CODE CODE -CODE AMOUNT DEPOSIT DATE: 627 _RECEIPTS: 431153-431169 PLANNING APPL FEES GENL 8810 440Q 1 42109M 101831 2,836.88 .Project -Number. Amount of Fee LINGULAR-APN: 04:3-200-005-MUP 05-05 R08I6SON & SONS -MI 04N-07-MFAR 05-01 $839 _ LAND DEVELOPMENT GENL 0010 440 004 4611700 181001 87.80 Project Number Amount of Fee CINGULAR-APN: 043-`200-005-MUP 05-05 $87 ENVIRONMENTAL HLTH ' GE.NL 8010 540003 4614901 101001 201.00 Project Number Amount of Fee CIPIGULAR-APN: 043 -200 -005 -MU_ P.05-05. $201 FIRE PLNG ADPL FEE FIRE: PROTECT .0100. ; ::_ ". 4617240 101001 188.00 Project Number ;f. Amount of Fee - LINGULAR-APN: 043-200-00.5-MUP 05-05 $180 ,-- `NODINOE CLERK'S FILING FE GENL - 0010 470MI . 4612318 101001 36.CED ($36) Project Number Amount of fee , LINGULAR-APN: 043-200-005-MUP 05-05 $36 1 AGRICULTURE AG FEE OWO 468001 4612100 101001 32.50 Project Number Amount of Fee CINGULAR-APN: 043-200-005-I UP 05-05 $32.50 DOCUMENT/COPY SALES GENL 0010 440MI 4711910 101001 18.95 TOTAL $ 3,391.45 APPROVED BY: AUDITOR -CONTROLLER B , RECEIVED BY: TREASURER vdhite=treasurer pink=auditor canary=depositor golden rode Edc Find View Plan Route GPS Online ® c Ll of dee .pro osed site location ST-019 `UUNTY 0JUN 2 4 2ID5 `— DEVELOPMCNT Start: Mimosa Ln Q Finish: Finishl '0 `Q_ ; Q SERVICES 9tt ` 4 O ,� f� ` r i F- HILLSBORO�-• q�_ ERITAG� AAYRTLE Nom_ _._�3 ARLINGTON 9�C: % ti' f r ".� 4 LU ' 6007 ELLEN '�{ X- HOWARD , ---, o: _ v 4-i- _j'DALEWAY r '. i 0 11 .` '. � 'Y. " �4dG�\5�.,tci t<•+Gg- Chi Community Hospital¢ r- Y O p``HOLLYr�� AN t'sa y ` Fr �t`t'` SP� ,� N.1 4 11�`rA+Y 5 ;ti .y �. 1. Yr r - m {p� ���`�O„ r [,O ,t1, o {� Vit. T�iS �Q� ,P,/•�{ p� `dr` `t •� �l•+'� /l t\'G�1 32 ' .''f p'' DAHLIA-WAY Yr .{a� �S t y {� �+ m` 5 '.5 s '¢ ! o'ate' 1 5 � 'S�` q 0 GQQ y0.. r (I ro f %'ter° c� �`Z f �4 �b� y Q �/y '` � �� � ��P <l �O O •. ` �'Y�-r '� r t -' 32 t kK WAY I i -J1+ - O r+, Gzi >r :F - t i ND vlSiA F �` ST 019 } � f .; � , a CAMERON LN 3 pi '� FODARTWNE D ALMENDIlj_ O i z 1_3 c� Mfr ,• *, t ,� .➢ r FICRAMENTO I rj yiw a D �- 4�1. Bi well Mansion State Mo umeM 1 �y r- S` r t. , '� f - D �I zo �Z )x ir� Chid seum.�- lo l Nm 1"QCe { QLD m i�[ �- 32 Chamber. Com er., \, hico--' 32 s Proposed site Icl Ofr I STEWARTCL ION _ location 61 � +:.: -- —_ _ •�� � �' _- ����. D� ��":_ _-� _ PARK _� 5 y Oft< y ;C01a' y ,s ° ' qf Ln, ns 1200-1398, ss 1201-1399 magi 14 —---------------------------- 0.500 mile y''YY FF n•� x 'h� J � 1: - 'Y i r tiF i dr,n �' �, ti X43: , k �` ■ I.► `Jif �+ .+� � .r` '�� • ; %� 1 w OWN Proposed site location J• 'I .. • �,T V7 , 1, � ��{ • ' kyr t iF �� • F1 J F � •y r � ns �� +• �. GI .a r tr ,1 �� 3 � � •� BUTTE COUNTY Existing coverage with the proposed site ST -019 @ 71 fe�dRNIENrp T p�1- ro d � � `i7•. m� �! •�1* i P� •` f.� a Si �• 1� � L yR Tyr €° l�F yr- aettl ." �IT;,)��j Flit. 1 ' Info:. ' IIE .a*ispla _;� Ings bays T�vi� 1 13 •�. Yrr01 kd ` d •...�Jr`If{''T � � '7 ! i "i'.- i�r. - l. -r 1 r\t! ` f,. 5 'S .�� l r Legend ❑ In building coverage El In car coverage El On street coverage ti r� � moi► �� 5 10 wNhIM, WE Proposed site location a: A. -01 1 S-1 e_l 17 I 14 Existing antennas Proposed antennas .1 :f . ti `ry }„!�� i . ' :�►��'•. `'{{� 4� �lrrf ✓ 1� `T t�r2 • � �� v. �f{1,1 R�. �' -- �'' t L� t moi; �• •- !- 1 �► �.`tY1' a s ri - ✓t t� ,�,�'1'J,. r, i--�5�l �� i<{ ,S `- JI i,= � � 'i. •,« t l ,t �; � Q.; r. r ��� � � \. �' a' t�,• sem.'- �. Pti, °. ' . � � 1. { \ r r,�.-i� +?;fa'C'� *rR k r'fl.A.•'����r rj�eti��. � Il 1-�.r'1"t�5� i�,a`/�� 'mid• .k�4..k •tGt• �r 4�i1�`,� II M , +'�•�• �" i r �Yc(^r ' f 1 Proposed cabinets', �' t •rt ti� �" , r{" ,/(, �,� •)e � fl ,y � I'1 i � I" d �.!`j� Fa ,rL���jl ' II �I� i f+ .. Yi�...�.n IjA., I•• �=_��1 �:� �f' ,, ���. I{{I North Chico 1298 • •Avenuey��._ 1f�•I Chico, CA ST -019-01