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HomeMy WebLinkAboutMUP 09-0002EXHIBIT A MINOR USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) MUP09-0002 PERMIT NO. 058-170-045 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Digital Path is hereby granted a Minor Use Permit in accordance with application filed consisting of: A 132 -foot tall, wireless self-supporting metal lattice communications tower with microwave and broadcast antennas and related. ground equipment in a 0.25 acre easement area, on a 160 -acre project parcel. Ancillary facilities and other related components of the project include the following: - The support equipment needed for the proposed facility will consist of a commercial, self-contained communications shelter with a battery backup system for use in the event of a power outage. - There are eight (8) antennas/microwave dishes proposed. - Circulation and utility connections will be achieved from the existing PG&E power pole and access easement on Rim Road. There will be an underground trench for cables and power. - The only lighting proposed will be a motion sensor controlled light on the equipment shelter. No lights of any type (i.e., red obstruction lights or strobe lights) are proposed to be placed on the monopole. 1. Failure to comply with the conditions specified herein as the basis for approval of this Minor Use 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 Minor Use Permit must be established within 1 year of the delivery of the countersigned permit to the Permittee. 3. 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. (a) Lapse of minor use permit. A minor use permit shall lapse and shall become void one (1) year following the date on which it was approved, unless prior to the expiration: Page t of 4 • W 1) A building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the'subject of the use permit application; or 2) The use which was the subject of the minor use permit application is commenced, provided that a minor use permit for a public utility installation may be valid for a longer period if specified by the Planning Commission. A minor use permit subject to lapse may be renewed for an additional period of up to one (1) year, provided that sixty (60) calendar days prior to the expiration date, an application for renewal of the minor use permit is filed with the planning manager on the prescribed form and accompanied by the necessary data and fees. The approving authority may grant or deny an application for renewal of a minor use permit. 4. 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. 5. The minor use permit shall expire and the permit shall thereafter be of no further force or effect if the use, business, or service for which the minor use permit was issued terminates or ceases operation for a continuous period of time in excess of one hundred eighty (180) calendar days except for: (1) Destruction or damage by acts of God; or (2) Destruction or damage by malicious acts; or (3) Remodeling or rehabilitation requiring prolonged closure with prior approval of the planning manager. 6. 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. Mitigation Measure #1: Should development activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the resource and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains. Plan Requirements: This note shall be placed on all building and site development plans. Timing: This measure shall be implemented during all site development activities. Page 2 of 4 0 • Monitoring: The applicant/developer shall notify the Planning Division if any cultural resources are uncovered. Should cultural resources be discovered, the Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 2. 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 D", and is incorporated herein by this reference. 3. Antennas, microwave dishes and mounting hardware shall be painted to match the neutral color of the proposed communications tower. 4. 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 towers in excess of thirty (30) feet in height will withstand sustained winds as required by the California Building Code. 5. No advertising or display shall be permitted on the Facility, except as required by state and/or federal regulation. 6. There shall be no outdoor vehicle or equipment storage except for emergency purposes. 7. The Facility shall fall within current standards and regulations of the Federal Aviation Administration (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. 8. 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. 9. 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 Office of Engineering and Technology Bulletin 65. 10. Prior to issuance of the first building 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. Page 3 of 4 0 • 11. Prior to issuance of the first permit required by this subsection, 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 removal of the Facility. 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, and shall constitute sufficient grounds to commence a public nuisance abatement hearing, which may lead to abatement of the Collocation Facility. 12. 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. 13. 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. 14. The Facility shall be secured at all times to prevent access by the public. 15. All fees due for the processing of this minor use permit shall 'be paid prior to the issuance of a building permit. Environmental Health Division 16. Prior to issuance of a building permit, provide a completed Hazardous Materials Release Response Plan to Butte County Environmental Health as required by Chapter 6.95 of the California Health & Safety Code. Cal Fire/Butte County Fire 17. Prior to final occupancy, a 2A:1 OB:C fire extinguisher shall be mounted inside the equipment shelter to the satisfaction of Cal Fire/Butte County Fire. 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. J Page 4 of 4 Ah Ah Butte County Department of Development Services AUT tF TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR O 7 County Center Drive Oroville, CA 95965 0��' o (530) 538-7601 Telephone ° - ° (530) 538-7785 Facsimile PROJECT INFORMATION Project # rn -'Zo-o APPLICANT'S N appl'cant is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: 1 s9 -1 v - QZYS ADDRESS: STRE T, CITY, STATE & ZIP CODE TELEPHONE: - E-MAIL: VFAX: OWNER'S NAME: TELEPHONE: ADDRESS: STREET, CITY, STATE, & ZIP CODE: PROPERTY INFORMATION NAME OF PROPOSED PROJECT (if y) SITE SIZE (in square feet or acres) S ; AGENT AUTHORIZATION To Butte County, Department of Development Services: 915 Print Name of Agent Phone Number I (621G 144(2:14WaY .50 YaWK,�Fe41 u. CA 95 65 Mailing Address is hereby authorized to process this application on my/our property; identified as Butte County Assessors Parcel Number(s) This authorization allows representation for. all applications, hearings, appeals, etc. and to sign -all documents necessary for said processing, but not including document (s) relating to record title interest. Owrier(s)-of Recoid (sign a/n'd print name) Print Dame Print Name - Signature Signature Print Name Print Name Signature' Print Name of Applicant rf other than owner) Signature Signature of Applicant (iother than owner) � t � Print Name of California Civil Engineer/Land-Surveyor Phone Number Mailing Address Email Address a 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 APPLICATION PACKET FOR USE PERMIT OR MINOR USE PERMIT Applicant Name: Check One ❑ USE PERMIT Q MINOR USE PERMIT IP11ln� Project Number: "ei!5Q7-cnx-2 APPLICATION PACKET CHECKLIST The applicant should discuss the application requirements with Department of Development Services, Public Works and Environmental Health staff prior to preparing this application. Please note that acceptance of your application is not an indication of approval. Application packets with missing components cannot be accepted. Include this checklist along with your submittal. Applicant Planner 1. ❑ Complete a Pre -Application Review with the Environmental Health Division and provide 'dence of meeting their requirements for sewage disposal and water supply in one of the oll wing ways: ❑ pre -application completion letter from Environmental Health ❑ Willing and Able to Serve Letter from the appropriate utility district ❑ completed cooperative agreement for annexation into a utility district 2. ❑ A completed, signed Project Information Form. 3. ❑ A complete Project Setting Description (instructions attached). 4. ❑ If the application is signed by an agent for the owner, an agent authorization form must be submitted along with the application. The application cannot be accepted unless signed by the owner or authorized agent. 5. ❑ A signed agreement for Butte County Archaeological Resources Project Review by the Northeast Information Center (NEIC) accompanied by its required topographic map and a check in the amount of $75.00 made out to "NEIL". Nor Applicant Planner 6. ❑ �yment of the currently required Application Fees and/or Deposits. Make checks payable to "Butte County Treasurer". Public Fee Schedule is available under "Fees" at: http://www.buttecoLLnty.net/dds/Planning/ Additional fees for publication notices will be n quired prior to issuance of the use permit. Application fees are non-refundable. Applicant's Initials 7. E3 creation document for the project parcel and evidence of current property ownership. 8. ❑ jam- SITE PLAN: Thirty (30) copies of a site map drawn to standard engineering scale (e.g., 1" = 20'). Additional copies of the map shall be made available to county departments upon request. All maps shall be drawn on uniform size sheets no less than 11"xl7" and no greater than 24" X 36", folded to 8 %" x 11". In addition, a digital copy of the map and aerial photographs are encouraged. The detailed man must include: a. ❑ ❑ Name and business address of the applicant, engineer or person who prepared the map. b. ❑ ❑ Assessor Parcel Number(s); street address (if available); tract name and date (if applicable); and/or Township, Range and Section numbers. C. ❑ ❑ Proposed use and/or uses of the property. d. ❑ A vicinity map indicating the location of the land in relation to the nearest major roads and/or significant topographic features in the surrounding area or region. e ❑ ❑ Property lines, lot dimensions and any applicable easements of record or proposed. f. ❑ ❑ Dimensioned locations of existing and proposed public and private improvements on the property (including, but not limited to, buildings, driveways, roads, parking areas, wells, septic tanks, sewer lines, leach fields, utilities, signage, storm drainage systems and lighting. g. ❑ ❑ Location of all water features including, but not limited to, natural and human -made drainage courses, irrigation canals, ponds, creeks, sloughs; topographic features including, but not limited to, buttes, slopes > 30%, rock out-croppings; and existing vegetation, such as oak trees greater than 5" in diameter and agricultural crops. h. ❑ ❑ Distances between any significant natural and constructed features of the property, such as streets, access roads, streams, rock outcroppings, major tree stands, storm drains, bodies of water, railroads, and their relationship to the pro >l ert lines. 1• ❑ ❑ Location, height, and materials of walls and fences (sections may be required). J • ❑ ❑ Internal circulation pattern, if applicable. k. ❑ ❑ Existing fire hydrants within 1000 feet. 1. ❑ ❑ Approximate location of all buildings, wells, septic tanks and leach fields within 100 feet, on adjacent properties. m• ❑ ❑ All driveways, drawn to scale, on properties within 100 feet of the site. n. ❑ ❑ Existing curbs, gutters, sidewalks and road surface widths on-site or on properties within 100 feet of the site. o• ❑ ❑ Any existing faults or fractures and geologic hazards. P. ❑ ❑ Elevation contours, at an appropriate vertical scale. q• ❑ ❑ Indicate at least one route from the property to a publicly -maintained road. ; r ❑ ❑ Off-street parking pursuant to county code. S. ❑ ❑ Indicate scale and include a north arrow oriented to the top of the sheet. t ❑ ❑ All maps must be clear and legible. ` Applicant Planner 9. ❑ ❑ Building Elevations 10. ❑ ❑ If applicable, provide a proposed landscaping and irrigation plan on a separate sheet. 11. ❑ ❑ If applicable, provide a conceptual grading plan. Items to be shown on the plan include: a. ❑ ❑ Natural areas to be preserved. b. ❑ ❑ Proposed cut and fill areas in contrasting colors or patterns. c. ❑ ❑ Existing and proposed contours at an appropriate vertical scale within the project and on adjacent properties within 100 feet of the project boundaries. d. ❑ ❑ Proposed drainage and flood control facilities. e. ❑ ❑ Erosion control measures and best management practices (e.g., - slope landscaping). f. ❑ ❑ Natural drainage. g. ❑ ❑ Location of retaining walls, drainage channels and existing structures. h. ❑ ❑ Location, elevation and size of proposed building pads. Additional information may be required in order to clarify, correct or supplement the above submittal information or to complete any required environmental review documents, as deemed necessary by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. Additional fees may be collected for the California Department of Fish and Game at the time of recording the Notice of Determination as required by Public Resource Code (PRC) section 21089 (b). Please call the Planning Division of the Department of Development Services at (530) 538- 7601 if you have any questions about these requirements. 3 i • Signature: E v Date: AppIicant/Rftrentative. Signature: Date: Wlanner Receiving Application K:\Planning\FORMS\APPL[CATIONS\UsePermit_MinorUP.doc Revised 07/26/06 . 4 V 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 APPLICATION FOR COFACILITY INSTALLATION Applicant Name:D).Q04,h] Project Number: Pa —aao Note: This checklist must be accompanied by a Use Permit or Minor Use Permit Application (per Butte County Code Section 24-262.E). APPLICATION PACKET CHECKLIST The applicant should discuss the application requirements with Department of Development Services, Public Works and Environmental Health staff prior to submitting an application. Please note that acceptance of your application is not an indication of approval. Application packets with missing components cannot be accepted. Include this checklist along with your submittal. Applicant Planner 1. ❑ X Statement of Justification. Must include the following: a. ❑ ❑ A description of the proposed facility, including the type being requested. b. ❑ ❑ Height from natural grade to the top of proposed Facility. c. ❑ ❑ Support equipment proposed. d. ❑ ❑ RFR/EMF and wattage output data including the number of channels. e. ❑ ❑ Horizontal and vertical location coordinates. 2. ❑ "'M Proposed elevations of the structure and any accessory buildings, including building height and other physical dimensions, drawn to graphic scale. 3. ❑ ❑ Visual impact assessment, photo montages, mock-ups as determined by the Director of _ Development Services or Planning Commission. The assessment shall identify any ` proposed trimming of vegetation that will be required for the normal operation of the Facility. Stealth technology is encouraged. q�t QUZ ` U) 1 1. 6� 4. ❑ ❑ Mock-ups required (may be required at any time during the processing of the permit). 5. ❑ A discussion of and 'supporting information regarding the alternative site selection of at least a minimum of three to four other sites, if available, including colocation opportunities, and a statement as to why these alternative sites and/or colocation opportunities were rejected. 6. ❑ A complete service area map showing the provider's entire wireless communications network twenty (20) miles in all directions from the proposed site for the time period from the filing of .the application to twelve (12) months from the filing of the application, for the purpose of visually aiding cumulative environmental analysis, with and without the proposed facility or facilities, showing all hand-off sites within the above specified area. 7. ❑ ❑ A a is de of the search ring and all other technical criteria used in determining the proposed facility location. 8. ❑ ❑4()UrdaWtion dvhich identifies failure characteristics of he faci ity structure or tower and demonstrates that the site and setbacks are of adequate size to contain falling debris. 9. ❑ etthe time of application for new wireless facilities use permit, the applicant should consider any future needs for installation of backup emergency power (diesel generator) systems. Related to such installations, applicant must provide the following information: a. ❑ Operating specifications of the diesel generator, including horsepower rating and noise output rating. b. ❑ Provide specifications for noise attenuation/acoustical shielding structures/enclosures for the diesel engine. c. ❑ Fuel tank and/or batteries specifications: Location (including above or below ground) of all emergency power backup installations must be clearly specified on the site plan. d. ❑ State number, specifications, and location of all battery backup systems. e. ❑ Provide proposed hours of periodic testing of emergency power systems. f. ❑ The applicant acknowledges that s/he will need to submit an application to Butte County Environmental Health Division for approval of a Hazardous Materials Release Response Plan by a separate Request for Service Environmental Health Division application and accompanying fee for each project that includes an emergency backup power system. 10. ❑ Written evidence demonstrating that the selected facility structure or tower design is as visually unobtrusive as possible, given technical and engineering considerations. This evidence shall indicate which type of facility is required to provide reasonably effective service and also the best technology and/or construction available to maximally achieve visual unobtrusiveness. The ruse of best available technology and/or construction to maximally achieve visual unobtrusiveness is mandatory. 11. ❑ /U Applicants who operate common carrier facilities (specifically, but not limited to cellular, PCS, SMR and paging service licensees of the FCC) shall provide written evidence that the applicant has provided notice to all FCC licensed wireless communication service carriers operating within the County of Butte of the plans to develop the site. 12. ❑ Evidence of a valid, current operating license or construction permit from the FCC or, if / the applicant is not a wireless communications service provider, a user operating agreement for each and every such provider to which the applicant intends to rent space on the proposed facility. 13. ❑ D A report, signed by a qualified radio frequency engineer licensed by the FCC, prepared pursuant to FCC OET 65, stating whether the maximum radio frequency radiation/electromagnetic radiation (RF/EMF) to be emitted by the proposed facility, taking into account all other facilities; both existing and known future facilities, at the proposed site and adjacent properties, conforms to safety standards adopted by the FCC, if applicable. The reports prepared for facilities shall conform to the reporting requirements set by the County and FCC OET 65 human exposure standards. The report shall also analyze the evidence provided in support of the proposed facility location, height and radiated power, frequency, the number of channels, and all other related data and present alternatives for the location, height and radiated power, pursuant to the requirements of this section. If the proposed facility exceeds FCC OET 65 human exposure standards, applicant shall also provide additional comprehensive technical and planning information regarding how the applicant shall protect all persons from such excessive exposure consistent with all Federal and State requirements, and any additional County requirements. 14. ❑ ❑ jaidscaping and painting plans for the:completed project. 15. ❑ ❑ qroects in Agricultural Zones (A-5' through A-160) shall, prior to submitting an application for a proposed facility, submit a site plan of the proposed facility to the Butte County Agricultural Commissioner for comment and send a notification letter to all aerial agricultural applicators registered in the County informing them of the proposed site location and tower height. No hearing on an application for a proposed facility in any agricultural zone will be scheduled, nor shall any Administrative Permit for any such facility be issued without proof that the Butte County Agricultural Commissioner 3 7 , and all aerial agricultural applicators„registered in the County have been notified, as specified herein. 16. ❑ ❑ Nalications for facilities that are ro osed to be located within the boundaries of anproposed Y Comprehensive Airport Land. Use Plan or Airport Area of Influence, as adopted or designated from time to time by the Butte County Airport Land Use Commission, shall be submitted to the Department of Development Services, Planning Division, and a copy submitted to the Butte County Airport Land Use Commission for review regarding consistency with adopted Comprehensive Airport Land Use Plans and for recommendations addressing potential impacts to air navigation within the Airport Area of Influence. The County may in its sole discretion retain an independent consultant to review either individual elements of or the entire application and advise the County at the applicant's sole expense. After approval and prior to issuance of the building permit, the applicant shall post a performance security 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. In addition, the applicant shall post a separate performance security to cover the cost of removal of the facility in the event that such facility is abandoned, or the permit has been terminated for violation of its conditions by the county after hearing, .or has expired, or after notice has been given to the owner/operator by the county, no application for renewal has been filed. Additional information may be required in order to clarify, correct or supplement the above submittal information or to complete any required environmental review documents, as deemed necessary by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. Please call the Planning Division of the Department of Development Services at (530) 538-7601 if you have any questions about these requirements. Signature: Signature: Planner Receiving Application K:\Planning\FORMS\APPLICATIONS\Communications Facilities.doc Revised 08/04/06 Date Date: 0 0 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 www.buttecounty.net/dds www.buttegeneralplan.net ADMINISTRATION * BUILDING * PLANNING March 26, 2010 Digital Path, Inc. c/o Andrew Cardin 275 Airpark Boulevard, #500 Chico, CA 95973 Re: Minor Use Permit: MUP09-0002; APN 058-170-045 Dear Mr. Cardin: At the regular meeting of the Butte County Planning Commission held March 25, 2010 your request for a minor use permit to construct a 132 -foot tall wireless self-supporting metal lattice communications tower with microwave and broadcast antennas and related ground equipment in a 0.25 acre easement area was approved. Should you desire to appeal any of the conditions (attached) imposed by the Planning Commission, you must do so in writing, prior to 5:00 p.m., Monday, April 5, 2010 to the: Clerk of the Board of Supervisors 25 County Center Drive Oroville, California, 95965 The appeal fee of $450.00 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 or proof of waiver of fees. Prompt payment of invoiced amounts will expedite the approval process in satisfying this condition. Page 1 of 2 LI The conditions of approval must be met within twelve (12) months from the date of approval by the Butte County Planning Commission or the approval will be considered null and void. A minor use permit shall lapse and shall become void one (1) year following the date on which it was approved, unless prior to the expiration: (1) A building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application; or A minor use permit subject to lapse may be renewed for an additional period of up to one (1) year, provided that sixty (60) calendar days prior to the expiration date, an application for renewal of the minor use permit is filed with the planning manager on the prescribed form and accompanied by the necessary data and fees. Should you have any questions regarding this matter, please contact me at (530) 538-7376, or by email at mmichelena@buttecounty.net between 8:00 a.m. and 4:30 p.m., Monday through Friday. Sincerely, Mark Michelena Senior Planner Enc. cc. Public Works — Land Development Division Environmental Health Cal Fire/Butte County Fire Susan Heffernan, 11826 Highway 70, Yankee Hill, CA 95965 Page 2 of 2 Butte County Department of Development Services TIM SNEL LINOS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds www.buttegeneralplan.net ADMINISTRATION " BUILDING' PLANNING MEMORANDUM TO: Planning Commission FROM: Mark Michelena, Senior Planner SUBJECT: MUP09-0002 Digital Path, Inc. — Corrections and Addition DATE: March 25, 2010 The following are corrections to the Agenda Report: 1. Page 2, bullet 2; remove second sentence. Routine maintenance and inspection of the facility would occur approximately every three (3) months during normal business hours. Rn ----fine and inspeGtOGR Q -f the No water or sewer service is required as the site would normally be unmanned. Electric service will be provided by PG&E. 2. Page 6, Section IA; add "a" before mitigation measure. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified no significant environmental effects, after the imposition of a mitigation measure. 3. Page 8, Section 11164; remove "t" at the end of the word nominal. A negligible amount of vehicle traffic would occur during installation of the antennas and equipment cabinets. The communications facility would be unmanned and there would only be approximately four visits per year by a radio technician for routine maintenance after installation. State Highway 70, Andy Mountain Road and Rim Road would provide access for the project site and would not be impacted by this nominalt amount of vehicular traffic. r>� The following are additions to the Agenda Report: n , 4. Page 8, Section 11166; Wireless towers are different from other types of development and approving and issuing building permits for the tower and related equipment does not change the requirement of ' the need to receive a Certificate of Compliance before issuing other types of development permits on the project parcel. 5. Page 9, Section IV; add in subsection "D"; The granting of the Minor Use Permit and buidling permit(s) for the tower and related equipment, in the easement area, does not change the requirement of obtaining a Certificate of Compliance before issuing other types of development permits on the project parcel. The following are corrections/additions to the Initial Study/Mitigated Negative Declaration: 1. Page 19, Section1.OL, third paragrpah, fifth line: The .eq sired- of the finensed speGtF ,F, Wireless internet providers are not licensed by the FCC. Requiring the applicant to use licensed spectrum for this project will make the proposed project unfeasible as the cost of providing service to rural community members will not be affordable to the provider or the consumer. 2. Page 34, Section (a)(b), second and third sentences: 3. Page 35, Section (c), first three sentences: Emergency back-up power is Provided by batteries, therefore the project would not create any significant on-going noise. This monopole lattice tower is not expected to create any significant noise impacts. 2 517 Route 1 South Suite 1109 Iselin, NJ 08830 A AIT. Phone 732.40.4.9360 Phone 800.551.SITE Fax 732.404.9323 COMMUNICATIONS www.sbasi:e.com A Subsidiary of SBA Communications Corporation June 18, 2008 RE: UPRR Regulation Andrew, Digital Path will not be allowed to install any equipment on a Union Pacific communications tower that is not using licensed spectrum. This is a railroad regulation and they will not bend on this at all. Union Pacific uses all unlicensed equipment for their own communication systems and does not want any other equipment on their towers that could potentially interfere with their equipment. If you, need anymore information please feel free to call me. Michael Villa Site Marketing Manager - Managed Sites i-'.1.1-1 A BUTTE COUNTY PLANNING COMMISSION NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION AND NOTICE OF PUBLIC HEARING In accordance with the California Environmental Quality Act (CEQA), Butte County has prepared an Initial Study and is considering adoption of a Mitigated Negative Declaration for the following project at a public hearing before the Butte County Planning Commission to be held on March 25, 2010, at 9:00 a.m. in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, CA Project: MUP09-0002 (Applicant: Digital Path, Inc.) APN: 058-170-045 Zoning: TPZ-160 (Timber Preserve — 160 acre minimum General Plan: TM (Timber Mountain) Location: The parcel is located on Rim Road, approximately 2.25 -miles north of the Andy Mountain Road and Highway 70 intersection, near the community of Jarbo Gap. Proposal: A Minor Use Permit to construct and operate a 132 -foot tall wireless self-supporting metal communications tower with microwave and broadcast antennas, a small equiptment shelter and security fencing. The request is being made to bring high-speed internet connections to a rural community. The lease area is a 0.25 acre portion of a 160 -acre parcel. The lease area is located in the northwest portion of the project parcel. An emergency backup generator is not proposed. The only lighting proposed will be a motion sensor controlled light on the equipment shelter. No lights of any type (i.e., red obstruction lights or strobe lights) are proposed to be placed on the tower. Proposed setbacks from the tower to parcel boundaries are approximately as follows: East 3,570', West 1,580', North 305' and South 960'. CEQA requires this notice to disclose whether any listed toxic sites are present on the project site. The project sites do not contain a listed toxic site. The Initial Study/Mitigated Negative Declaration (IS/MND) and reference documents for MUP09-0002 are on file for public review and comment starting Friday, March 5, 2010 through Wednesday, March 24, 2010. Comments may be submitted in writing prior to the hearing at the Butte County Planning Division, 7 County Center Drive, Oroville, California or orally at the meeting listed above or as may be continued to a later date. The IS/MND is available for review on the County website at www.buttecounty.net/dds and then by selecting Planning, Mitigated Negative Declarations and finally the project document. 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. For information, please contact Mark Michelena, (530) 538-7376 or mmichelena@buttecounty.net. BUTTE COUNTY PLANNING COMMISSION TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES To be published in the Oroville Mercury Register on Friday, March 5, 2010 Ridge Rd Peak Rd Is I )--� 1 -10 A N G�eek//�/ EL 0 0 Timothy J. Crete, Architect License No. C24094 ....experience you can build on Department of Development Services 7 County Center Drive Oroville, CA. 95965 Re: Minor Use permit for communications tower (owner/applicant) Digital Path Inc. 2540 Suite 12, Esplanade Chico CA, 95973 Ph. (530) 345-6676 Fax. (530) 898-0586 www.cretedesign.com The following response is in reference to the attached "Application Packet for Use Permit or Minor Use Permit" Applicant name: see form: 1. There is no sewage disposal or water supply on site therefore, none of the letters or applications apply. 2. A completed Project Information Form is attached 3. Project Setting Discription as per Attached instructions: ' 1. This is not a major phased project. The project is a communication tower to be installed according to the attached plans. 2. No other approvals are needed to complete this project except possibly a County building permit. 3. The site presently is cleared of all vegetation and is relatively flat. There no anticipated disruption of plants, animals cultural, historic or scenic aspects. There presently exists a similar tower and communication shack in the near vicinity. See the attached plan for location of the existing facility that is located on an adjacent parcel. 4. The surrounding property is forest and various plants and animals typically found in that type of environment. There is no development (ie apartments, housing, commercial) within miles of the site. 5. No special studies are required. I 4. The applicant is authorized to sign the documentation. 5. No "Archaeological" Project review is required. 6. All fees will be paid. 7. See attached parcel documents. 8. See attached drawings 9. See attached photo and see drawing 10. No landscaping or irrigation is needed 11. There is no significant grading to be done. a)Natural areas will not be disturbed. b) There are no cut and fill areas c) The property and surrounding property is relatively flat. d) there are no changes in flood control e) Best practices construction procedure will be observed. fl Drainage is from existing slight slope of parcel. g) No retaining walls or drainage channels will be added, see drawing for existing structures. h) See drawings by others for specific structure information. Please contact this office or "applicant" for additional information. Sincerely Tim Crete/ GC/�m� Architecture & Planning 2540 Suite 12, Esplanade Timothy J. Crete, Architect Chico CA, 95973 License No. C24094 Ph. (530)345-6676Fax. (530) 898-0586 experience you can build on..., www.cretedesign.com Department of Development Services 7 County Center Drive Oroville, CA. 95965 Re: Minor Use permit for communications tower (owner/applicant) Digital Path Inc. The following response is in reference to the attached "Application Packet for Use Permit or Minor Use Permit" ITEM: Project setting Applicant name: see form: Project Setting: 1. It is in the interest of Digital Path to install this facility as soon as possible. The concern is that if it is not installed before late fall, the winter weather will prohibit the construction of the facility before next year. 2.. It is expected that there will be need for a building permit from Butte County to perform the installation and electrical hookup. No other permits are known to be required. 3. The site is undeveloped forestland that shows significant disturbance from previous logging and recent wild fires. The proposed site is on a flat area atop the mountain and set back from the steeper slopes found on the property. The soil is stable. A map indicating the soil type is attached. The plants consist of coniferous and deciduous trees and various native and non-native plants. The vegetation that was heavily damaged from the recent wild fires is recovering. Animals and signs of animals in the area are turkey, deer, bear, squirrel, and various bird life. There does not appear to be any animals living at or near the project site. There are no known cultural or historical aspects associated with the proposed project area. The size of the project is less than 1/16'h of an acre and is located in an area previously graded by past activities. There is no known scenic aspect associated with the project site. The area is adjacent to an existing tower of similar size and can only be seen by the public from a Y2 mile stretch of Hwy 70. There are no structures or turnouts along this section of Hwy. 4. The surrounding properties are similar in all aspects. The area is zoned TPZ. 5. No other studies have been performed. The remote location, lack of proximity to other development, water sources, traffic areas and small size of the project did not warrant further studies. Please contact this office or "applicant" for additional information. Sincerely Tim Crete Z 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 PROJECT SETTING DESCRIPTION INSTRUCTIONS Applicant Name: 6 TAL/ Project Number: A00'Zi1X 1 — GZ Please address the following on a separate sheet of paper: 1. Identify any applicable proposed development schedule, including anticipated, incremental, or phased development and all associate projects. 2. 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. 3: Describe the site as it exists before the project, including information on topography, soil stability, plants, animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. 4. Describe the surrounding properties, including information on plants, 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.). 5. Include any special studies prepared for the project site including, but not limited to traffic, biology, wetlands delineation, archaeology, etc. digita ath.net wireless internet DiOWPath, Inc. 275 Airpark Blvd:, Suite 500 Chico, CA 95973 Phone (530) 899-7884 Fax (530) 899-7787 April 7, 2009 Application for Communications Facility Installation Statement of Justification. Lack of access to high speed Internet connections presents a challenge to the economic development of rural communities. It also hinders the educational options for children as well as adults. This lack of access is referred to as the Digital Divide and is of great concern to not only the communities affected, but also Local, State and Federal Government agencies. There are several Public and private programs in place to promote the expansion of high speed Internet to help overcome these disadvantages. These programs vary from mandated increases in access to grants and subsidized loans. Currently, the existing telecommunications companies do not have plans to provide service to these rural communities due to the cost of infrastructure and low population density. The only cost effective solution to provide high speed Internet to these rural communities is through a wireless connection. To facilitate a wireless access solution, a tower is required to receive and distribute the signal. Research revealed that the only tower in the area is controlled by Union Pacific Railroad and is unavailable for use due to restrictions on unlicensed spectrum. A letter to this effect from AAT Communications, the site management company for Union Pacific Railroad, is attached as Exhibit A. In summary, there is a lack of services and facilities in the area available to meet the needs of these rural communities. a. Description of proposed facility: The proposed facility will consist of a self supporting metal tower with microwave and broadcast antennas, a small equipment shelter and security fencing. The proposed facility is similar in size and shape to the existing tower owned by the State of California and controlled by Union Pacific Railroad. This existing tower is 175 feet west of the proposed facility location. The type of permit being requested for this proposed facility is a Minor Use Permit. b. Height of proposed facility: The height of the proposed facility from existing natural grade to the highest point is 132 feet. c. Support Equipment: The support equipment needed for the proposed facility will consist of a commercial, self contained communications shelter with a battery backup system for use in the event of a power outage. d. RFR/EMF and wattage output: The radio equipment proposed for use at the proposed facility is licensed by and conforms to specifications of the FCC. There are 8 antennas proposed for this facility. Current license data is attached in the B Exhibits. . 0 0 e. Location Coordinates: The coordinates of the proposed facility is: 39.7680, - 121.4815 2. Elevations and Drawings: Drawings are attached. 3. Visual Impact Assessment: The visual impact is expected to be minimal. The tower portion of the proposed facility will be partially visible from an approximate height of 70 to 132 feet and then only from limited areas. There is a %i mile section of highway 70 approximately 2 miles south, where the top half of the tower will be visible to north bound traffic. Visibility of the proposed site from a location under 2 miles away is limited .to a section of dirt road crossing the subject parcel '/4 mile from the proposed site. The area is surrounded by forest land and there are no known residences within 1.5 miles of the proposed site. Due to the recent fires in the area, there will be no need to trim any vegetation. 4. Mockups: No mockups are required at this time. The existing tower 175 feet from the proposed site gives a fair representation of the proposed facility. 5. Alternative site discussion: The locations of the rural communities and the topography of the land limit the alternative sites available for consideration. Further, a significant amount of the land in the area is owned by the USFS and power is not readily available in all areas. The only other tower in the area that could be considered for collocation is 175 feet from the proposed facility site. This tower is. controlled by Union Pacific Railroad. Union Pacific will not allow collocation for unlicensed spectrum use. The required use of licensed spectrum for this project will make the proposed project unfeasible as the cost of providing service to the rural community members will not be affordable for the provider or the consumer. Based on these restrictions, there are no other alternatives available for the proposed facility. 6. Service area map. A map of current and pending service area coverage within 20 miles of the site is attached as Exhibit C. A large portion of the area serviced by this proposed facility is outside of the 20 mile radius area. 7. Criteria for determining_ proposed facility location. This was addressed in above sections. 8. Failure Characteristics. There are no known documentable failure characteristics of the proposed facility. The equipment, the tower and the building are designed to meet or exceed the specifications for installation at the proposed site. The proposed site is on a large, rural, private property. A fence will be constructed around the proposed facility to discourage vandalism and entry to the area where something that fell directly off the tower would likely land. 9. Backup emergency power. a. No generator is planned for the site. b. N/A c. N/A d. The planned UPS for the proposed site is an off the shelf commercial unit made by Tripp Lite. This unit uses sealed internal batteries. Part number: SMART 1500RMXL2U. The use of the unit is to protect against surges and small power interruptions. This is not considered a backup emergency power system. e. No testing hours are planned. f. An application to Butte County Environmental Health Division will not be submitted as there is no emergency backup power system. 0 • 10. Demonstration of visual unobtrusiveness. The remote location of the proposed facility will make it unobtrusive to the general public. The tower specified for use at the proposed facility is a self supporting, open lattice design. The tower finish is a dull galvanized material that will not readily reflect light. The height of the tower is low enough to not necessitate the use of guy wires and is similar in height to the trees near the proposed site. The height of the tower at the proposed facility is necessary to provide reasonably effective service and necessitates the type of tower specified. 11. Common carrier notification. Not applicable. 12. Current operating license. An operating license or construction permit from the FCC is not required for the proposed facility. The FCC does not license wireless broadband providers. Copies of the licenses for the microwave links are attached in the B Exhibits as referenced in 1 d. There are no other users planned for this proposed facility. 13. RF/EMF report. The RF at the proposed facility will be generated from radios and antennas that adhere to FCC regulations. The output of the licensed microwave links is low (in the tens of watts) and highly directional. The average beam width is 1.5 degrees. Each licensed microwave link requires frequency coordination with other similar devices in the area and a license from the FCC. Copies of our current licenses are attached as Exhibit B-1 & B-2. The output of the unlicensed radios is within the maximum limits set forth by the FCC. The equipment proposed for use has been tested by an independent lab and licensed for use by the FCC, as shown in Exhibit B-3. The use of both technologies is necessary. The licensed links will bring in and pass through the high capacity backhaul and the unlicensed radios will distribute the signal to the surrounding communities. 14. Landscaping and painting plans. The plan is to leave the landscaping as natural as possible. There are no plans to paint the equipment at the proposed facility. 15. Agricultural zoning. The proposed project is on a private parcel of land zoned TPZ-160. 16. Airport Land Use & Area of Influence. The proposed facility is not within an area designated by the Butte County Airport Land Use Commission. Respe lly, Andrew Cardin V.P. Wireless Infrastructure DigitalPath Inc A Subsidiary of SBA Communications Corporation June 18, 2008 RE: UPRR Regulation Andrew, 517 Route 1 South Suite 1109 Iselin, NJ 08830 Phone 732.404.9360 Phone 800.55M.SITE Fax 732.404.9323 www.sbasite.com Digital Path will not be allowed to install any equipment on a Union Pacific communications tower that is not using licensed spectrum. This is a railroad regulation and they will not bend on this at all. - Union Pacific uses all unlicensed equipment for their own communication systems and does not want any other equipment on their towers that could potentially interfere with their equipment. If you need anymore information please feel free to call me. Michael Villa Site Marketing Manager - Managed Sites 0 • Page 1 of 2 Micronet Communications, Inc. 720 F Avenue, Suite 100 Plano, Texas 75074 972-422-7200 File: 08241010 1 Original PCN Date: August 27, 2008 Company: DigitalPath Inc Company Code #23765 #23765 FRN 0015092919 0015092919 Site Name, State JARBO GAP, CA DYER, CA Call Sign/County WQIC700/Butte WQIC701/Lassen City Chico Chico Latitude N (NAD83) 39 46 04.70 40 14 19.80 Longitude W (NAD83) 121 28 52.00 121 01 57.20 Azimuth (degrees) 36.08 216.37 Distance (miles/km) 40.27/64.81 40.27/64.81 Space Loss (dB) 149.684 Elevation AMSL (ft/m) 3132.2/954.70 7454.7/2272.20 ASR Transmit -Receive Ant Type A -ANT -11G -6-C A -ANT -11G -6-C FCC Designation Antenna Manufacturer DRAGONWAVE DRAGONWAVE Gain/Beamwidth (dbi/deg) 42.5/1.0 42.5/1.0 Antenna Height AGL (ft/m) 120.08/36.60 24.93/7.60 Tilt (degrees) 0.920 -1.357 Diversity Ant Type FCC Designation Antenna Manufacturer Gain/Beamwidth (dbi/deg) Antenna Height AGL (ft/m) Equipment Manufacturer DRAGONWAVE INC DRAGONWAVE INC Manufacturer's Type HP11-HC212-40 HP11-HC212-40 FCC Identifier Emission/Stability % 34M4D7W/0.001 34M4D7W/0.001 ATPC/Trigger Level (dbm) NO/ NO/ Transmitter Power (dbm/Watts) 20.00/0.1000 20.00/0.1000 Fixed Losses Cm,Tx,Rx (db) 0.0,0.0,0.0 0.0,0.0,0.0 Receive Level (dbm) -44.68 -44.68 EIRP (dbm/Watts) 62.50/1778.28 62.50/1778.28 Traffic (kbps/vc) 212000.0/ 212000.0/ Modulation/Lvl QAM/128 QAM/128 Frequencies Transmitted (MHz) 11095.OV 11585.OV E_xA,61� 13- i 0 • Micronet Communications, Inc. 720 F Avenue, Suite 100 Plano, Texas 75074 972-422-7200 File: M0719908 1 Original PCN Date: September 21, 2007 Company: DigitalPath Inc Company Code #23765 FRN 0015092919 Site Name, State ROCK BLUFFS, CA Call Sign/County WOGZ732/Butte City Chico Latitude N (NAD83) 39 42 27.50 Longitude W (NAD83) 12.1 43 49.30 Azimuth (degrees) 72.51 Distance (miles/km) 13.91/22.39 Space Loss (db) 144.905 Elevation AMSL (ft/m) 578.7/176.40 ASR Transmit -Receive Ant Type HE2-180C FCC Designation 8490OG Antenna Manufacturer GABRIEL ELECTRONICS Gain/Beamwidth (dbi/deg) 38.9/1.9 Antenna Height AGL (ft/m) 18.00/5.49 Tilt (degrees) 1.995 Diversity Ant Type FCC Designation Antenna Manufacturer Gain/Beamwidth (dbi/deg) Antenna Height AGL (ft/m) Equipment Manufacturer Manufacturer's Type FCC Identifier Emission/Stability % ATPC/Trigger Level (dbm) Transmitter Power (dbm/Watts) Fixed Losses Cm,Tx,Rx (db) DIGITAL MICROWAVE CORP DYHDMCI8SPEC2H-D3 40MOF7W/0.0005 NO/ 25.00/0.3162 0.0,0.0,0.0 Receive Level (dbm) -42.11 EIRP (dbm/Watts) 63.90/2454.71 Traffic (kbps/vc) 45000.0/672 Modulation/Lvl FSK/4 Frequencies Transmitted (MHz) 17880.OV Page 1 of 2 #23765 0015092919 JARBO GAP, CA /Butte 39 46 04.71 121 28 52.01 252.67 13.91/22.39 3132.2/954.70 HE2-180C 8490OG GABRIEL ELECTRONICS 38.9/1.9 120.00/36.58 -2.146 DIGITAL MICROWAVE CORP DYHDMCI8SPEC2H-D3 40MOF7W/0.0005 NO/ 25.00/0.3162 0.0,0.0,0.0 -42.11 63.90/2454.71 45000.0/672 FSK/4 19440.OV FCC - OET TCB Form 731 Grant of EquipmeWthorization https://fjailfoss.fcc /oetcf/tcb/reports/Tcb731 GrantForm •cf n?mo... ANT OF EQUIPMENT GRANT AUTHORIZATION TCB C B Certification Issued Under the Authority of the Federal Communications Commission By: CKC Certification Services, LLC 5046 Sierra Pines Mariposa, CA 95338 Digital Path Networks 275 Airpark Boulevard Suite 500 Chico, CA 95973 Attention: Eric Baker, Director of Manufacturing Date of Grant: 01/11/2005 Application Dated: 01/11/2005 NOT TRANSFERABLE EQUIPMENT AUTHORIZATION is hereby issued to the named GRANTEE, and is VALID ONLY for the equipment identified hereon for use under the Commission's Rules and Regulations listed below. FCC IDENTIFIER: RHK-G3DL10 Name of Grantee: Digital Path Networks f Equipment Class: Unlicensed National Information Infrastructure TX Notes:. Askey Atheros Radio, Downlink Frequency Output Frequency Emission Grant Notes FCC Rule Parts Range (MHZ) Watts Tolerance Designator 20 15E 5250.0 - 5350.0 0.126 Power output is conducted. The antenna(s) used for this transmitter must be fixed -mounted on permanent structures. Antenna(s) used with this equipment must be professionally installed. Users and installers must be provided with appropriate antenna installation instructions and transmitter operating conditions for satisfying RF exposure compliance. Maximum antenna gain for 5.3 band is 18.2 dBi 20: All electrical and mechanical devices employed for spurious radiation suppression, including any modifications made during certification testing, must be incorporated in each unit marketed. 1 of 1jCh� / �? �_3 4/2/2009 111:08 AM 0 • Service Area Map - -� Lassen HatioJial Fore _L TO Xr Lak 4e 20.,0 -- r Gw FS Plu P L I g; 4. t-4 4 c r.. u ._ 4!. �• - -.ate. .. ;. AW y Detail 0 Page 1 of 1 Property Characteristics Lot Acres: 160.000 Year Built: Fireplace: Lot SgFt: 6,969,600 Effective Year: A/C: Bldg/Liv Area: ParcelQuest by CD -DATA Property Address: Units: Total Rooms: Pool: Ownership Bedrooms: Flooring: Stories: Parcel# (APN): 058-170-045-000 Use Description: AGRICULTURAL Parcel Status: ACTIVE Spaces: Construction: Owner Name: GALE GAIL HEFFERNAN Quality: Garage SgFt: Mailing Addr: 32 TERRACE DR CONCORD CA 94518-2058 Legal Description: SEC 13 T22N WE Assessment Total Value: $11,840 Use Code: AT Zoning: Land Value: $11,840 Tax Rate Area: 110003 Census Tract: 24.00/1 Impr Value: Year Assd: 2008 Impr Type: Other Value: Property Tax: $127.66 Price/SgFt: % Improved: Delinquent Yr: Exempt Amt: Exempt Codes: N Sale History Sale1 Sale2 Sale3 Transfer Recording Date: Recording Doc: Rec. Doc Type: Transfer Amount: Seller (Grantor): 1 st Trust Dd Amt: 2nd Trust Dd Amt: Property Characteristics Lot Acres: 160.000 Year Built: Fireplace: Lot SgFt: 6,969,600 Effective Year: A/C: Bldg/Liv Area: Heating: Units: Total Rooms: Pool: Buildings: Bedrooms: Flooring: Stories: Baths (Full): Park Type: Style: Baths (Half): Spaces: Construction: Bsmt SgFt: NIA Site Influence: Quality: Garage SgFt: Building Class: Timber Preserve: Condition: Ag Preserve: Other: Other Rooms: ""The information provided here is deemed reliable, but is not guaranteed. http://www.parcelquest.com/PQWeb/GIS/Detail.aspx?s=5892&mach=2,&co3=BUT&apn=... 4/2/2009 0 0 Jarbo Gap — 058-170-045 soils data Symbol Name Slope Grad Irr. Cap. Non -In. Cap. Acres Parcel Comp. Class Class Index ❑1 199 Holland family, basic, 2 to 50 percent slopes. 30 6 .011 .01% iLl 200 Holland family, basic, 50 to 70 percent slopes. 60 7 .003 .00% ® 702 CERPONE-TYPIC HAPLOXERALFS, MAGNESIC-EARLAL COMPLEX, 3 TO 15 PERCENT SLOPES 11 3 3 3.318 2.18% 716 GRIFFGULCH-SURNUF COMPLEX, 3 TO 15 PERCENT SLOPES 8 3 3 10.712 7.03% 717 GRIFFGULCH-SURNUF COMPLEX, 15 TO 30 PERCENT III SLOPES 22 4 4 73.891 48.50% ® 718 GRIFFGULCH-SURNUF-SPINE TAXADJUNCT COMPLEX, 30 TO 50 PERCENT SLOPES 47 6 6 64.379 42.26% 719 GRIFFGULCH-SURNUF-SPINE TAXADJUNCT COMPLEX, 50 TO 70 PERCENT SLOPES 60 7 7 .039 .03% Total Acres: 152.353 Proposed site is in area 716 California State University, Chico Building 25, Suite 204 Chico, California 95929-0377 Phone (530) 898-6256 Fax (530) 898-4413 neinfocntr@csuchico.edu Request for Proiect Review Project Reference Number: I 1 6O P 0 `-000oL Project Title/ Applicant Name: O l!� VA` Pa ( r c Assessor's Parcel Number(s): 5Y"- 0- 04 S Project Acreage or Linear Miles: S AC Street Address: e Project Description: A J" 4-A- &m" -,t 4.0\-6 V:IVWADiQeV-( Project Location: feACf- n� . (a1kt2.) Tbwty- tru •k k A[cwGW\U-. ek 54tq[( ey��,�nnnwwf-s6vzd �' f-I-ECWJy Township: 942 Al Range: LIE' Sections) USGS 7.5' Topographic Quadrangle Map(s): Pu O\ - Please enclose a copy of the relevant portion of the 1:24,000 USGS 7.5' quadrangle map (1:1) with the project area clearly and accurately outlined Contact PersowTlanner: 1 1 l o-rk- / V 1 C A e C![r, Contact Phone Number: 5-3 J- 7 3-1C5, ***Please include pertinent project application paperwork describing the nature of the project, potential ground disturbance, and existing modifications to the property. Northeast Center of the BUTTE California. Historical GLENN SIERRA SISKIYOU LASSEN Resources MOOOC MODOCTEHAMA SUTTER PLUMAS Information System SHASTA TRINITY California State University, Chico Building 25, Suite 204 Chico, California 95929-0377 Phone (530) 898-6256 Fax (530) 898-4413 neinfocntr@csuchico.edu Request for Proiect Review Project Reference Number: I 1 6O P 0 `-000oL Project Title/ Applicant Name: O l!� VA` Pa ( r c Assessor's Parcel Number(s): 5Y"- 0- 04 S Project Acreage or Linear Miles: S AC Street Address: e Project Description: A J" 4-A- &m" -,t 4.0\-6 V:IVWADiQeV-( Project Location: feACf- n� . (a1kt2.) Tbwty- tru •k k A[cwGW\U-. ek 54tq[( ey��,�nnnwwf-s6vzd �' f-I-ECWJy Township: 942 Al Range: LIE' Sections) USGS 7.5' Topographic Quadrangle Map(s): Pu O\ - Please enclose a copy of the relevant portion of the 1:24,000 USGS 7.5' quadrangle map (1:1) with the project area clearly and accurately outlined Contact PersowTlanner: 1 1 l o-rk- / V 1 C A e C![r, Contact Phone Number: 5-3 J- 7 3-1C5, ***Please include pertinent project application paperwork describing the nature of the project, potential ground disturbance, and existing modifications to the property. 1 Agreement For Butte County Archaeological Resources Project Review By The Northeast Information Center (NEIC) The California Environmental Quality Act (CEQA) is the California State statute that requires the Butte County Department of Development Services to perform an environmental review on all discretionary land use projects, to identify the significant environmental impacts of the project and to avoid or mitigate those impacts, if feasible. Every development project which requires a discretionary governmental approval will require at least some environmental review pursuant to CEQA, unless an exemption applies. The environmental review required imposes both procedural and substantive requirements. At .a minimum, an initial review of the project and its environmental effects must be conducted. Depending upon the potential effects, a further and more substantial review may be conducted in the form of an environmental impact report (EIR). A project may not be approved if feasible alternatives or mitigation measures cannot substantially lessen the significant environmental effects of the project. At the state levdl, CEQA requires that public agencies consider the effects of their actions on historical resources eligible for listing on the California Register of Historical Resources. "Historical resource" refers to buildings, structures, sites (prehistoric and historic), objects, districts, and all manner of properties containing material remains of past human life or activity. The Department of Development Services utilizes the Northeast Information Center (NEIC) of the California Historical Resources Information System (CHRIS) to identify projects that may have archaeological significance. The CHRIS is a statewide system for managing information on the full range of historical resources identified in California. This system is under the authority and direction of the Office of Historic Preservation (OHP), the State Historic Preservation Officer (SHPO), and the State Historical Resources Commission (SHRC). The Northeast Center of the CHRIS system, located at California State University, Chico, manages the historical resource records for 11 counties, including Butte County. The Northeast Information Center will furnish a Record Search to Development Services indicating the archaeological/historical significance and sensitivity of the applicant's project area and additionally providing a recommendation as to whether further archaeological survey is warranted. If further archaeological survey is required, the application would be considered incomplete until the appropriate archaeological survey is completed and reviewed. The Department of Development Services will forward applicant's payment (by check) of $75.00 and relevant project application information required for the Records Search to NEIC. NEIC will provide the results of the Records Search to Development Services. Development Services will notify the applicant if further archaeological survey is warranted. The $75.00 fee does not cover the cost of furth,-r archaeological survey work. If further archaeological survey work is required, Development Services will work with the applicant to see that it is accomplished, according to set standards, by a qualified archaeologist. The applicant shall bear all costs associated with further archaeological survey work required :o continue processing of the planning project application. THIS FORM MUST BE ACCOMPANIED BY A COPY OF A 7.5' TOPO MAP, WITH THE PROJECT AREA OUTLINED. THIS IS USED DURING TFE REVIEW TO RESEARCH CULTURAL SITES. The undersigned applicant for the project as identified below has read and understood the Butte County Archaeological Resources Projt Review process and agrees to fund the required Record Search to be provided by NEIC. Attached is a check for $75.00 made payable to the Northeast Information Center for NEIC to perform the Records Search. Failure of payment to NEIC for this Records Search would result in the planning project application to be considered incomplete until payment of the $75.00 Records Search fee along with any related fees associated with non-payment (returned check charges, etc.) paid in full to NEIC. Oigk@49o,44, tmc- &f.. Appit&nt Signature Date Applicant PRINTED Name j 3 Check Number Planner, File Number Revised 12/05/06 K:\Planning\FORMSWpplicationslProjectlnfoForm_Agent NEIC.doc h .. _..__- { lac:- 3 nn 36 I O 35 °—'- — r� - 1=' I� - -?�. V,N06 L Pulga,Quadrangle 7.5minute series Jarbo Gap Project - _A,_ Ifor f , DigitalPath Inc 16 Portion of Section 13 BY /1 . �I 1; D` �(. j 1 _ T22N, ME M.D.B&M I V • ' �� _ % 'i. ' ;j : ' i I Project Area = 1/16`h of an acre 1/�A• + 'ate' I 1 Z -�pin ! _ irieiCliister.. 5 `21a6' ;� _ �* 1 1 \ 11 -140 if it \7 3NO6 If 2763 2990— JB�V Poi° f -� ,—=r-- / f - ., 1, ' {lk • o ��1 205 ' oto u�Gfai iq I. �� 1 —�� � ; � � � �� �� ' � �� � �,== '-;` ••" ,� ._ �' ZvIb to f IrN 23 6 106 I•— --_ T.. / 'i I i \ r .-�.\.�. •. :. -.'tom ',',�. j un°u' 1 �. , i l — 0 7n" 629 630 R 4 E Y 2 150 00 FEET (2) �' zn• R 5 F �� . Butte County De*tment 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 May 6, 2009 To: Inter -Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: Digital Path, Inc., MUP09-0002 Planner: Mark Michelena APN: 058-170-045 Description: A request by Digital Path, Inc for a Minor Use Permit to construct and operate a 132 -foot tall wireless communications tower with microwave and broadcast antennas, equiptment structure and security fencing. Location: The parcel is located on Rim Road, approximately 2.25 -miles north of the Andy Mountain Road and Highway 70 intersection, near the community of Jarbo Gap. 30 -Day Complete May 14, 2009 Date of IDR May 6, 2009 This application is being provided to you for comments. Please see attached documents. An electronic copy of the application, including maps, has been sent to Environmental Health, Building Manager, LAFCo, Agricultural Commission, Public Works, Assessor, and CDF. All Environmental Health correspondence is routed through Karen Frederick 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 May 6, 2009. Do you find this application complete? ® NO. Please respond prior to or at the IDR meeting, regarding completeness of application. What is needed to make the application complete? Demonstrate that parcel to be developed is legally created. _ ❑ YES. My Department's conditions and/or mitigation measures are attached or will be provided at the IDR meeting. If conditions cannot be provided at or prior to the IDR meeting they must be provided no more than 1 week after the meeting. Standard Conditions are attached for your convenience. (PLEASE SEND YOUR RESPONSE TO: mmichelena@buttecoun ..net). Signature: E. Schroth Date: 4/29/09 Department: Public Works ZAPROJECTS\MUPOigitall'ath MUP09-0002\Comments and Conditions\MUP09-0002 Incomplete - PW 4-29-09.doc Page 1 of 1 From: Fogel, Doug Sent: Friday, April 24, 2009 12:10 PM To: Michelena, Mark Subject: RE: MUP09-0002, APN 58-170-045, Rim Road I confirm that in an instance like you are describing that we should have no difficulty doing our entire review after the application is submitted to you. My only concern revolves about ad-libbing that, at least in the past, has sometimes lead to confusion and delays. From: Michelena, Mark Sent: Friday, April 24, 2009 11:57 AM To: Fogel, Doug Subject: RE: MUP09-0002, APN 58-170-045, Rim Road I will confirm that no fuels or generator is proposed. Thanks for heads up. On the issue about pre -application clearance, I like having them complete the concurrent review. I was just trying to make it easier for a co -location application with no back-up generator or need for septic or well, that EH could do their review when the project is circulated. Mark Michelena Senior Planner, Planning Division Butte County Department of Development Services 7 County Center Drive, Oroville, CA 95965 (530) 538-7376 (530) 538-5366 Fax mmichelena@buttecounty.net .net From: Fogel, Doug Sent: Friday, April 24, 2009 11:25 AM To: Michelena, Mark Cc: Walters, Charlotte Subject: FW: MUP09-0002, APN 58-170-045, Rim Road Mark, In reviewing this application I believe I ran across the statement that no fuels or generator is proposed. If that is the case we don't need this comment of course. From: Walters, Charlotte Sent: Friday, April 24, 2009 11:07 AM To: Fogel, Doug Subject: MUP09-0002, APN 58-170-045, Rim Road I just put in the conditions for this cell tower and forgot that I needed to run it by you first... I did the standard... "Submit a Hazardous Material Release Response Plan to Butte County Environmental Health as required by Chapter 6.95 of the California Health and Safety Code." Sorry file://Z:\PROJECTS\MUP\DigitalPath MUP09-0002\Comments and Conditions\Comments ... 5/6/2009 iAIN NLIL ��` �Illi�i��_�. iiiII ■■wA MRO■ =MMI �I 1 .b •BUT Walifornia State University, Chico Northeast Center of the TE SIERRA Building 25, Suite 204 t u D California, Historical Resources GLENN LASSEN SISKIYOU SUTTER Chico California 95929-0377 MODOC MODOCTEHAMA Phone (530) 898-6256 Information System SHASTA PLUMAS TRINITY Fax (530) 898-4413 neinfocn1,r0csuchico. edu Butte County Department of Development Services Planning Division 7 County Center Drive Oroville, CA 95965 ATTN: Mr. Mark Michelena BUTTE COUNTY MAY 2 0 2009 DF VELOpMMENT SERVICES RE._ _MVP .09::0002/ Digital--Path,-Inc / APN 058-170=0.45 ... T22N. R4E, -Section. 13 USGS Pulga 7.5' and 15' quads Less than 1 acre (Butte County) Dear Mr. Michelena, May 18, 2009 I.C. File # L09-6 Project Review In response to your request, a project review for the project cited above was conducted by examining.the official maps and records for archaeological sites and surveys'in Butte. County. RESULTS: Prehistoric Resources: According to our records, no sites of this type have been recorded in the project area. However,. five sites of this type have been recorded in the project vicinity,: consisting of bedrock mortars, lithic scatters, house pits, scraper, and bowl mortar. Additionally,isolated;bedrock mortars, have been. informally documented in the project vicinity. The project is located in a region utilized- by Maidu populations., Unrecorded prehistoric cultural resources may be located within the project area. 1 Historic Resources: According to our records, no sites of this type have been recorded in the project area. However, four sites of this type have been recorded in the project vicinity, consisting of the Feather River Highway, Crain Mill, a wagon road, and the remains of a cabin with associated household debris and refuse deposits. Unrecorded historic cultural resources may be located in the project area. The USGS Pulga (195 7) 15' quad map indicates that Rim Road, Crain Mill, Pulga. Road, Western Pacific Railroad, Rocky Ridge, Lassen National Forest, North Fork Feather River, State Route 70, Plumas National Forest, roads, and structures are located in the project vicinity. The project is located near the historic Magalia and Concow gold mining districts. Previous Archaeological Investigations: According to our records, the project area has not been surveyed for cultural resources by a professional archaeologist. Literature Search: The official records and maps for archaeological sites and surveys in Butte County were reviewed. Also reviewed: National Register of Historic Places _ Listed properties and Determined Eligible Properties (1988, Computer Listings 1966 through 7-00 by National Park Service); California Register of Historical Resources (2009); California Points of Historical Interest (1992); California Inventory of Historic Resources (1976); California Historical Landmarks (1996); Directory of Properties in the Historic Property Data File for Butte County (2009); Handbook of North American Indians, Vol. 8, California (1978); Historic Spots in California (1966). RECOMMENDATIONS: Based upon the above information, the project appears to be located in an area considered to be sensitive for prehistoric and historical resources. The project area is located in a region utilized by prehistoric and historic populations. Native American populations used the local region for seasonal and/or permanent settlement, as well as for the gathering of plants, roots, seeds, and seasonal game. Historically, Euroamericans utilized the region for mining and lumber operations. Therefore, we recommend that a professional archaeologist be contacted to conduct a cultural resources survey of the project area. The project archaeologist will be able to offer recommendations for appropriate preservation or mitigation measures for any new cultural resources encountered as a result of the field survey. The project archaeologist should also contact the appropriate local Native American representatives for information regarding traditional cultural properties that may be located within project boundaries for which we have no records. This person may also want to consult historic General Land Office (GLO) plat maps in order to aid in the identification of unrecorded historic sites, which may be located within project boundaries. During any phase of parcel development, if any potential prehistoric, protohistoric, and/or historic cultural resources are encountered, all work should cease in the area of the find pending an examination of the site and materials by the project archaeologist. This request to cease work in the area of a potential cultural resource find should be made a condition of project approval. This condition is intended for accidental discoveries made during construction activities, and does not replace the need for a Phase I investigation that assists planners and developers in meeting California Environmental Quality Act (CEQA) _ obligations during the Initial Study planning phase. The recommendation for a Phase I Cultural Resource Evaluation enables the lead agency to fulfill their obligations under CEQA to identify potentially significant historical resources. A Phase I investigation includes background research (record search), a field inspection, and report documenting the presence or absence of prehistoric or historic features, buildings, or archaeological sites. If potentially significant sites. are identified during the Phase I investigation, further work may be necessary to determine site significance as well as appropriate protection or mitigation measures. Thank you for your dedication.preserving Butte County's and Califoriiia's.fiTeplaceable cultural heritages, and please feel free to contact us if you have any questions or need any further information or assistance. Sincerely 4im.Roeder, M.A. Research Associate 3 0 C� CNDDB Occurance within 2 miles Scientific Name Common Name Occurances FEDLIST CALLIST CNPSLIST Allium jepsonii Jepson's onion 9 None None 1 B.2 Allium jepsonii Jepson's onion 2 None None 1 B.2 Allium jepsonii Jepson's onion 20 None None 1 B.2 Allium jepsonii Jepson's onion 11 None None 1 B.2 Allium jepsonii Jepson's onion . 12 None None 1 B.2 Calystegia atriplicifolia ssp. buttensis Butte County morning-glory 10 None None 1 B.2 Clarkia gracilis ssp. albicaulis white -stemmed clarkia 12 None None 1 B.2 Clarkia mosquinii Mosquin's clarkia 35 None None 1 B.1 Clarkia mosquinii Mosquin's clarkia 31 None None 1 B.1 Fritillaria eastwoodiae Butte County fritillary 56 None None 3.2 Fritillaria eastwoodiae Butte County fritillary 33 None None 3.2 Fritillaria eastwoodiae Butte County fritillary 141 None None 3.2 Fritillaria eastwoodiae Butte County fritillary 32 None None 3.2 Packera eurycephala vac lewisrosei Lewis Rose's ragwort 12 None None 1 B.2 Packera eurycephala var. lewisrosei Lewis Rose's ragwort 7 None None 1 B.2 Packera eurycephala var. lewisrosei Lewis Rose's ragwort 38 None None 1 B.2 Packera eurycephala var. lewisrosei Lewis Rose's ragwort 10 None None 1 B.2 Source: California Department of Fish & Game Natural Divesity Database, October 2008 Thistlethwaite, Charles Subject: - FW -.--March 1974 Road Access defining "legal" parcels Location: DSconference room Start: Fri 10/30/2009 1 1:00AM End: Fri 10/30/2009 11:30 AM Recurrence: (none) Meeting Status: Accepted Required Attendees: Snellings, Tim; DSConfRm; Calarco, Pete; Thistlethwaite, Charles; Crump, Mike; Edell, Stuart ------------ From: Snellings, Tim Sent: Tuesday, October 27, 2009 5:02 PM To: Crump, Mike; Edell, Stuart; Calarco, Pete; Thistlethwaite, Charles Subject: FW: March 1974 Road Access defining "legal" parcels Hey guys: I think we should discuss this and develop a strategy to move this forward... before it moves at us. I'll schedule something soon, Tim Tim Snellings, Director County of Butte Department of Development Services 7 County Center Drive Oroville, CA 95965 530-538-6821 (direct) From: Hellar, Karen Sent: Tuesday, October 27, 2009 4:09 PM To: Snellings, Tim Subject: FW: March 1974 Road Access defining "legal" parcels From: Yamaguchi, Kim Sent: Tuesday, October 27, 2009 4:04 PM To: Susan Heffernan; Connelly, Bill Cc: TSnelling@buttecounty.net Subject: RE: March 1974 Road Access defining "legal" parcels I certainly was not aware of this. I'll check. Kim K. Yamaguchi From: Susan Heffernan[mailto:crain.ridge(5)gmail.com] Sent: Tuesday, October 27, 2009 2:02 AM To: Yamaguchi, Kim; Connelly, Bill Subject: March 1974 Road Access defining "legal" parcels 1 Hello Kim and Bill- • My concern is the '74 ruling that determines a "legal" parcel MUST have access or easements to a state or County Road -size and zoning of the parcel is not a factor. Only when Digital Path filed for a permit to improve their installation on my sister's land off Rim Road did this come up. When my grandmother transferred the bulk of her property to family members after placing the parcels in TPZ (Timber Preserve Zone) she was never made aware of this "access to state or County road" requirement nor can I find any mention of it in her files, diaries or papers with Leonard and Lyde who did all her legal work. She was a detail person and she would have made sure we were given all info available. I spoke to Mark Michelena with Co. Planning -he has worked with Digital Path on this the past few months -he said the county doesn't have the manpower to go through and find all these noncompliant parcels and issue a statement to the ownerships. I fear this will affect most of our parcels on "private" roads like Crain Ridge or on now Forest Service Roads like Rim Road ( Years ago my grandmother did not wish to sell Rim Road so Forest Service condemed and took it -now they of course will not consider giving an easement to the State Hwy since that was one option the co. said could solve this new problem!). I asked Mark how I could run my family's AP # to find out their standing since this is all a big surprise. He said there was not a list -it would take the $81. fee per parcel to find out. I am baffled that with all the years we have sold large pieces andf transfered the title to many parcels this has not come up before. I asked several other realtors who had handled the more recent sales of my family's and they never heard of this -I asked the Moaks etc if in their holdings through the years -they also unaware of this. I can only imagine county wide how big a nightmare this could be -especially when the old ownerships aren't aware of their parcels deemed"illegal". I have an aunt who died in April, the appraiser just finished appraising her 120 acre (burned -total timber loss in last year of course) and he had never heard of this. Her piece is off a private logging road off of the Rim Road of the parcel declared "illegal" -I know hers will fall in the same category and when it is sold for the good old death taxes her family will deal with that appraisal will be incomplete if it is missing thousands of dollars needed to buy easments to make it" legal -"this throws everything upside down ... I am sure my family is one of thousands in the same situation. Now -what can I do? Is there any chance in working on a solution by adding "private roads or Federal/USFS roads" to the verbage in the access code ... and is that a feasible way to go? In the end I would think the Count_, would end up with less revenue and parcels without improvements and planning if this is not dealt with eventually. When land is handed down through the generations and family members owned large junks there was not a need to worry about all those parcels giving eachother easements. Now as our family has very little still in the family (and now most of it burned in the last 3 fires) I need to concentrate on protecting what is left - this came as a shock ... and I kind of thought I was through the worst part of this past year. Now I am not sure. Is there anything I can do to change that code that cripples a lot of us and find an easier way to have a list of what the co. deems "illegal" so many years past when it should have been made obvious either through the assessors office or tax collector office ... where it doesn't only surface when a permit is applied for. Please let me know what you think I should do and what we could do to solve this countywide. I know Digital Path wants my sister to combine her two parcels to then be "legal" -that would solve their problem but not be in the best interest of my sister -to have one parcel at 320 acres rather than 2 that are smaller the way my grandmother planned it. I have to put my family first (I feel bad enough that all their land is now burned). Thank you Bill and Kim, Susie Heffernan crain.ridge@gmail.com 533-8798 home/520-4085 cell. 0 0 Page 1 of 2 Micheleina, Mark From: Michelena, Mark Sent: Monday, August 24, 2009 8:35 AM To: 'Andrew Cardin' Subject: FW: MUP09-0002 Importance: High Andy, I'm resending the email I sent a couple weeks ago. At this point there are not a lot of options available. In order to get`a Minor Use Permit on the proposed parcel, a Certificate of Compliance must be issued on the parcel. The main condition that would need to be satisfied is the access issue, which is the issue that you have been trying to resolve all along. If you would like I can schedule a meeting later this week.. Please let me know if Thursday, August 27th at 2:00pm will work for you. Thank you. Sincerely, Mark Michelena Senior Planner, Planning Division Butte County Department of Development Services 7 County Center Drive, Oroville, CA 95965 (530)538-7376 (530) 538-5366 Fax mmichelena@buttecouniy.net "COUNTY OF BUTTE E-MAIL DISCLAIMER: This e-mail and any attachment thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this e-mail (or any attachments thereto) by other than the County of Butte or the intended recipient is strictly prohibited. If you are NOT the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this e-mail and any attachments thereto." From: Michelena, Mark Sent: Tuesday, August 04, 2009 9:02 AM To: 'Andrew Cardin' Subject: MUP09-0002 Importance: High Andy, After meeting with Public Works and County Counsel, the determination is that the access road (maintained by the Forest Service) does not meet the definition of public road by Butte County Code (see below). Based on this determination, there are two options: 1. Obtain the rights to use the access from all intervening parcel owners from State Route 70 to the project parcel; or 2. Get a separate easement from State Route 70 to the project parcel. (This option can be discussed at our meeting). Both of these options will still require the process of Legal Lot Determination application and receiving a Certificate of Compliance. The idea of allowing a building permit for only the easement area and not the entire parcel can not be done since the parent parcel is not legal. The parent parcel issue must be resolved before the easement portion can be granted a permit Section 20-128 of the Butte County Code requires that each parcel of land "shall have an approved access." 8/27/2009 • � Page 2 of 2 Section 20-8 defines approved access as a: "right of vehicular travel, within a legal right-of-way that meets county standards, to a public street, with entry thereon, over a roadway, that meets county standards." Based in this language, access requirement includes: (1) the right to travel in a vehicle; (2) to enter and drive upon a public street; and (3) with a right-of-way up to County standards. The definition of "public street' (Butte County Code Section 20-44): "a street, highway, thoroughfare, road, avenue, boulevard, alley, court, circle or drive shall not be a "public street' until and unless said street shall have been accepted into a street or road system maintained by a city, county or the state." My schedule is open this week, except for Wednesday from 12:30 pm to 2:00 pm. Please send a date and time that will work for you and I will put it on my calendar; unfortunately, Stuart will not be able to join us. If possible, I will try and get Pete Calarco, Assistant Director for Development Services, to attend the meeting. Sincerely, Mark Michelena Senior Planner, Planning Division Butte County Department of Development Services 7 County Center Drive, Oroville, CA 95965 (530) 538-7376 (530) 538-5366 Fax mmichelena@buttecounty.net "COUNTY OF BUTTE E-MAIL DISCLAIMER: This e-mail and any attachment thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this e-mail (or any attachments thereto) by other than the County of Butte or the intended recipient is strictly prohibited. If you are NOT the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this e-mail and any attachments thereto." 8/27/2009 A V `��� �„� Carc.co w V-0 q 0 � r-0 CO vl I � �©k 1ppkvvP4- e digits ath.net wireless internet May 4, 2009 DigitalPath, Inc. 275 rlirpark Blvd., Suite 500 Chico, CA 95973 Phone (530) 899-7884 Fax (530) 899-7787 Mark Michelena Butte County Planning Division 7 County Center Drive Oroville, CA 95965 Mr. Michelena, Enclosed is a copy of the creation deed for parcel 058-170-045 and a check for $77.10, as requested. Please let me know if you would like anything else. Kind Regards, Sw- ardin V.P. Wireless Infrastructure DigitalPath Inc �y0 91 GO ,q BUTTE COUNTY MAY 0,0`2009 OEV)LL�;jvr ENT SE$VICES 17 r7 E � °~ RECEIPT 'TOTAL CHECK -87 -STREET' DATE NO. RECEIVED INSPECT SIGNS PLANNING OTHER OFFICIAL RECEIPT COUNTY OF BUTTE DEPARTMENT OF PUBLIC WORKS LAND DEVELOPMENT SECTION i APPLICANT RECEIPT 18489 ISSUED BY'�'� RECEIVED FROM e PPR -29-2009 20:14 1 3 4 S 6j 8' 91 10 11 12 13 1♦ IS 16 17 18 19 29 21 22 23 24 25 26 27 28 29 30 31 32 MO.YL P4M.uU MID VALLEY TITLE & ESCROW Recording Requested Byt LEONARD d LYRE {llwen-Recorded Mall to:P LEONARD b LYDF: 1453 Huntoon Street Oroville, California 95965 GIFT DEED � F� 3�YG coT� 1316 . 11 2'2L�8 V Ftf IN CONSIDERATION OF LOVE AM) AFFrCTION, the undersigned 1:ATHARINE G. BOLLES, as her sole and separate property, grants to GA T1. HEFFERNAN GALE, as her sole and separate property, all of that real property located in the County of Butte. State of California, and more particularly described as follows: PARCEL 1: Lots 6. 7, 10 and 15 of Section 12. township 22 N. R. E.. M.D.R. 6 M PARCEL 2. Lots 1, 2, 3 and 4 ' Section 13, township 22 N., t1.D.R. 6 M. EXCEPTING THEREFROM rights-of-way of record in the United States Government. DATED: t,::: /.•; .:%. /i%G STATE OF CALIFORNIA ) COUNTY OF BUM 3 ag On '�.•• 1976. before me, the undersigned, a Notary Public in and for said State, personally appeared KATHARINE C. BOLLES, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same ` otary u c In an or salep County and State My Commission Expires: :.�• .ti IVIA Y .w M.PP.Ip.«MMttM.mY„ .1 Rt!s '�iC1 : •...1n .. • t+Pp • '•• : w MVV n: i rt ax,xrr " Oft CW 11n=..11Nf1 W CQ.r1,.t.. 1-- ro r. 1271 r..wwyAePw,.Prw�e.ruw.uu�.� P.02 rn ®r S � 0 U TOTAL P.02 .. ._. .__ ..�.,,..�........ .rte......,. ..,.� .. .,... <_...... _ L d LO L96t' L LO9 'ON/L£: £ L '1S/8£: £ L 600E t• S (NOW) T 3S I Obbtld 31111 A311VA 01 W .W08A 100'd ZZN+Z18+0E5 5Z41 (N0W-)600Z-60-AVW 3mts,/31e0 xa C:,p Comnunlwlioiis Iaellley HIGINAL GGREEMAIT rU" tiTI;r,:.,srm Oi• COUTROL !IIID POSSESSION 0 LA11O a -,'ii 6 py -mv. STAI'C OF CAI. I FCIUI i A TIIIS ACREEME-NT, r..i.t!r• anti entered into this '/Cl/ day of IS90, by and between the Divisiun of Highways, ment of Public ti:ark5 , hereinafter called "Highways" and the State Worl:s Czard, h.rcinaftcr called "Board"; WHEREAS, HiShways has control and possession of certain lands by the Stale of California located in the County of Butte, said being hereinafter particularly described; and WHEREAS, said lents are declared to be excess to Highways by the California Higho-:ay Commission; and I WHEREAS, the Board c'csires to acquire said property for use by the Califorr.ie Hich-way Patrol; NOW, THEREF05E, pursuant to the Property Acquisition Law of the State of California, Government Code 15850 et seq., Highways does hereby transfer to 03ard and Board does hereby accept the control and possession of the real praperty in the County of Butte, State of Call fornia, .Itscribed as fol to:.s: PARCEL 1:0_ 1: A portion of the Ilorthcast 1 7f the tlorthwest i; of Section 13, T. 22 H., R. 4 F_, H.D.B, G A_ described as follows: COME1:CIRC, at a paint r..arkcd by an iron pipe driven int: the ground froo. which point the Nortbviest c.n,er of said Secti,-,r, 13 bears N, 74' 161 47" W. 1610.44 feet distant; thence S. 29° 5C' 05" W. 104.35 feet to the TRUE POINT OF SEGIMMUG: THENCE fror., lest said point N, 00' 09' 54';�w, 104.35 feet; thence M. 09' 3u' y5" E. 208,71 feet; thence S. 00` 09"54" E. 208,71 feet; thence S. 69` 50' Ob" W. 205.71 feet; thence H. 00° 09' 54" W. 1011.36 feet to said TRUE P0111T OF DEGIIINING; eontaintnS 1,0 acre,more or less. PARCEL NO. 2_ ALSO an easenenl for road purposes and incidentals thereto, upon, over and across that certain real property in the County of 2utte, State of California, described as follows: That portion of the North +• a' the linctha:est s of said Section 13 embraced within the-!xterior boundaries of a strip of land 60 feet wide lying 30 feet on each side of a centerline described as follows: -,�IrORNIA 115322 OrMILL RECOP.DS c, b_yA-m C !trnf. cCJ'lTY-CALIF Ct t> 4�.v g: •_.: cnI:C5TE0 dY {I C ��' "'�' IIFORtfIA-OFFICIAL BUSH+ESSp� c� .� STATE of Gt APR tl ��40 AN 191 �//�h'v�or.,,� II 0 D«venom entitled to tree recc:tlotiun 5'f E h ALIF=OR lA n punuont to Gott. Codb Sac. 6103 I.UUISE fL UENOER �p CUURTY RECORDER NO E FEE �_ 0 46 pu i 1, bicl 9 i nn i ri.) r,f P., r cc- I no. I fie r t! ; rwz:!;ove dc5rl i! -ed; Tilr:V (rc- of 11. 26' 01' E. 55-?") 111�, IS 30- L I *3Z r' -I -i ; t 0 helitc. 71;* %2' 7 fee I I hence 1i 4 0 1 t/. 2C,Ll 3 7 f 57' 11 rc-2r; thence S. 02. 041 tlicrice 27' 131 'INS' S. 01' jig, ti. IG9.91 (Crt; thencr. 712.01 ('cct; t licticc S . 54' 56' 30' W. 3J7. 2 ?. 5 ", f ret tG Z paint in (!I(-. CVr%LCr I inc of from Jarbo G:,1, to F!L:., valic, "' "ist'"S Butte County P-ld Iln,-di,,rg 1hr sicC I ifie' of :,.*iid strip of land to be ProlonSerf or shOr taned so 35 to be. -,.in 0-1 Oil, North lir- ')f as said par". ablivc dc sc r ibr-d. -LI is hurcin- The yrt%ntor httreby grani!, to g:,.,.mtC2 all Irccs, of th4F't -Wv iIrCir,0'Lc, gro,.-t) and road building Witil;11 said right of uey, including the right to take WZItL-i together with thc 65ht to use the Samc insuch jimriner and at such 10CAtions. as grantee May decor proper, needful or -cessary, In the coilstrutici,, ImprovErments antialaintcrionce of 5�jid road. . rCL0n-.;-,rUCt;on, In consideration for said transfer, Board agrees to pay Mlchways the sunt of One Thousand Sin Hundred Sixteen Dollars and TvicritY-Seven Cents IN WITNESS .rHL,*FtEOF, the parties hereto ;,ova clecutrd this agrecnent first above vi, itten. DIVISIM F HIGMMYS STATE OF CAL IFOR IIIr, STATE PUBLIC WORKS BOARD a Y woo Duty -State H Way lsntyrn�,�,, APPROVED: DIRECTOR OF GENERAL SERVICES- STATE OF CALIFORMA" • DEPARTMENT OF PUt�CIC WORKS JAMES A. III) Direct Direct cir DEC -1 I I I) y 1�21: D �EC'-- I 1� 4Z71 7' J t/l1!e 7-0,Z The D artalent of General Services, acting Pursuant to '1E1)k,PropertY. Acquisition Law, hereby transfers jurisdiction of California Highway patrol.Pfope'rty the above-described to the DE R F GE E"L SERVICES BY :2 S up,r"131,9 L; nd �Aq.nt�� JURisoicri011 ACCEPTED: DEPARTHEIIT-OF CALIFORIIIA HIGHWAY PATROL B zz y ­7�� W. Sullivan,Commissioner C73 G),Y- 00 - 2 - BUTTE COUNTY NOTICE NON -RESPONSIBILITY TO ALL WHOM IT MAY CONCERN: NOTICE IS HEREBY r;IVEN: (1) That I to wit, KATFiARINE G. BOLLES (I—wa) (!meet n.ma (W Dana) AM the numpEt . (Irsert bardo the Cattua of utL or fat wed) of cma(n proplty located in the City of ._ County OL_ MITTE State of California. and more rti particularly described as: I.» In Bloom of Tract No. THE SOUTHWEST QUARTER OF S r•TTr>N Y per map___ reow ad in Book 572 „ pgg& 05 of nFFTrTply Records of BUTTE — County, State of California. (1) That �(��L )) have obtained knowledge that SURVEYING ANDA (Inert isle! desMpuon ci Imt�ro.anenl alteration a ragatr) CCESS ROAD CONSTRUCTION ARE BEING DONE (10 -•are) — (10 the Coursed caoatrectfoo—am being nada) on nld property. (3) That ten (10) days have not elapsed dace Z obtained this knowledge. (4) That —L_ will not be (I-WO) respow(ble for the WORK AF.ZNG_ DON . (atectim alteration Cr repair) of said __ or for the material or labor used or to be used thereon, or which tis been(perfform hed of used in any manner or way upon said land, or upon the thereon, or addition thereto, norwhich may hereafter be performed, banished, or used upon said land, or upon the thereon, or addition thereto, or for the services of any architect. IbuAding—tmtuwemeat) (b) That_ JOHN B. WOOD IS ( Insert came or names) ) the Purchaser_ of said property under a contract of purchase. (E) That the street address of said property is _ST@( City d California, and that A D rev T.n_ _Aran Dnnc cin n..-... ARE (-') A7CD State of California ) ) SS. County of R ) .he undersigned, being duly sworn says: That he Is . . . (the owner of the aforesaid Interest or estate in the property described In the it-egoing notice) , , • ; that he has read the same, and knows the contents thereof, and that the facts stated t In are true. (signs ur9 of affiant) i Subscribed and sworn to before mB on .' " Co H aD (date) IDI,� t ' rAd —7--- (Notar 's SI n > (Seal) ►ice ry ub VII c I n an Ar the Coun y of �tj ti' of name 1 DSLLES KA V'I(. ,vr �%• ode c(..a. OFFICIAL AECO(t0S Ot!TTF. COUNTY -CALIF ,y JUN 10 14 34 PH 1911 LOUISE KIUEI(!)ER COUNTY Rl-4,OROER PP 124758 flit LTTE COUNTY RECEIPj Printed: 4/15/2069 7 County Center Drive 3:13 pm Oroville, CA 95965 Environmental Health Phone (530) 538-7281 Fax (530) 538-2140 Receipt Number: P1396 Date Paid: 4/15/2009 Paid By: Digital Path, Inc. Received By: CJT Project Number: MUP09-0002 Pay Method: CHECK 8305 Site Apn: 058-170-045 Description: 132 -foot communications tower Site Address: , CA Applicant: Digital Path, Inc 275 Airpark Blvd, #500 CHICO, CA 95973 Fee Description Account Number Fee Amount DP Fish/Game - Negative Dec 1001-0-280-1011460 $1,993.00 DP Minor Use Permit 0010-440001-4210900-101001 $2,297.80 DP Publishing/Legal Notices 0010-440001-4210900-101001 $157.40 DPAG Minor Use Permit 0010-460001-4612200-101001 $96.25 DPCR Record Fee Minor Use Perm 0010-470001-4612319-101001 $50.00 DPEHLUP Minor Use Permit 0021-540011-4614901-101001 $226.70 DPFPP Minor Use Permit 0100-450001-4617240-101001 $203.00 DPLD Minor Use Permit 0010-440004-4611700-101001 $100.00 Total Fees Paid: $59124.15 Cokf � IcQn�-rc� I OFFICE OF THE BUTTE COUNTY COUNSEL Phone (530) 538-7621 Facsimile (530) 538-6891 INTER -DEPARTMENTAL MEMORANDUM CONFIDENTIAL -ATTORNEY CLIENT PRIVILEGE DATE: JULY 289 2009 OPINION N0.09-264 TO: MARK MICHELENA, DEPARTMENT OF DEVELOPMENT SERVICES FROM: KATHLEEN KEHOE GREESON, DEPUTY COUNTY COUNSEYW SUBJECT: . POSSIBLE EXEMPTION FROM THE SUBDIVISION MAP ACT AND COUNTY CODE FOR WIRELESS INTERNET PROVIDER I. Questions Asked (A) Is an exemption to the requirements of Chapter 20 of the Butte County Code and the California Subdivision Map Act available to a wireless internet provider? (B) If the department grants a minor use permit to the wireless internet provider for a relatively small portion of the lot, does the entire lot obtain vested rights to development as a result? U. Brief Answers ° (A) No, an exemption does not appear to exist for this provider. (B) Ultimately no. You might be able to restrict rights to the leased portion, but in this case the County cannot grant the permit as the parent parcel is not legal. The parent parcel issue must be resolved before the leased portion can be granted a permit. III. Factual Background and Analysis You have asked us to opine as to (1) whether an exemption exists from Butte County Code Chapter 20 and the California Subdivision Map Act for creation of a parcel for use by a wireless internet provider and (2) whether granting a minor use permit to the wireless internet provider for a relatively small portion of the lot would provide the entire lot with vested rights to development. You have told us that Digital Path, Inc., an applicant for a Minor Use Permit for a Communication Tower is leasing a small portion (approximately 11,400 square feet) of a relatively large lot (approximately 160 acres). The large parcel was created by gift deed on July 13, 1976 and the applicant is unable to prove access to the lot at that time. You have told us that in 1976 we did require parcels created by :gift deeds to prove access in order -for the lot to have legal status. You have provided us with a map of the parcel showing a U.S. Forest Service maintained road and the parent parcel in question. You have also provided us with certain communications with the U.S. Forest Service regarding the public use of the road. A. The project in question does not appear to have an exemption from the Butte County Code or the California Subdivision Map Act. The Subdivision Map Act (California Government Code section 66410 et seq.) governs the determination of legal lots and formation of subdivisions in California. To determine whether the Subdivision Map Act applies to a given project, we turn first to the definition of a "subdivision." Government Code section 66424 states that "subdivision" means: "the division ... of any unit or units of improved or unimproved land, or any portion thereof... for the purpose of sale, lease or financing, whether immediate or future." In this case, we have two layers to consider — the parent parcel and the smaller leased portion of the lot. First, the creation of the parent parcel by gift deed without access was the division of a unit. Although it is arguably unclear whether the division was created for the purpose of sale, lease or financing, California courts have held that the Subdivision Map Act does apply to gift deeds. 1 Furthermore, although the Butte County Code did not specifically require a map for that division, the Butte County Code did require access to the parcel. Therefore, the Act applies to this division and the requirements of the Act and the Butte County Code must be met for the parent parcel to be granted a certificate of compliance. Second, the lease of a portion of the parent parcel is also covered by the Act, as it is a division of the parent parcel for the purpose of a lease. The Act would clearly apply to this lease of a portion of the parent parcel as well.2 Once there is a determination that an action is a subdivision under the Act, we must next consider whether any possible exemption applies. California Government Code section 66412 provides specific exemptions from the Act. In our case, a review of the exemptions available does indicate one hopeful contender, at least for the lease portion of the question. Section 664120) provides that the Act is not applicable to: "The leasing or licensing of a portion of a parcel, or the granting of an easement, use permit, or similar right on a portion of a parcel, to a telephone corporation as defined in Section 234 of the Public Utilities Code, exclusively for the placement and operation of cellular radio transmission facilities... if the project is subject to discretionary action by the advisory agency or legislative body." ' Pescosolido v. Smith (1983) 142 Cal.App.3d 964, 2 If the smaller portion of the parent parcel is not leased by the applicant for some reason, this could change our analysis of whether the Act applies. 2 This could be helpful as we have a lease of a portion of a parcel for the purpose of a wireless communications tower for the purpose of providing wireless internet access (and as you have told us, the project is subject to discretionary action by the Planning Commission). Unfortunately, the exemption requires that the lease be with a telephone corporation as defined by section 234 of the Public Utilities Code. As we discussed previously, the applicant does not qualify (at this time) as a telephone corporation under the Public Utilities Code. Further, the exemption applies for "cellular radio transmission facilities" which appear to be for cell towers and does not appear to apply to wireless internet communications towers, however similar they may appear on the surface. For these reasons, this exemption does not appear to be available for this project. Since both the parent parcel and the tower project appear to be subject to the requirements of the Act, they would also be subject to any county subdivision requirements. California Government Code section 66411 provides that local agencies are required to adopt ordinances implementing the requirements of the Subdivision Map Act. Local agency ordinances generally include specific requirements and local procedures, including location and size of easements, street alignment and traffic access requirements. Further, local agencies may enforce their own design standards. To that end, Butte County Code section 20-120 states "to ensure that proposed subdivisions are developed in the best interest of the people of Butte County, land subdivided under the provisions of this chapter shall conform to the design standards of this chapter and to any standards... adopted by resolution of the board of supervisors." The County's design standards are set out in further detail in the code. Section 20-128 of the Butte County Code requires that each parcel of land "shall have an approved access." Section 20-8 defines approved access as a: "right of vehicular travel, within a legal right-of-way that meets county standards, to a public street, with entry thereon, over a roadway that meets county standards." Based on this language, it appears that the access requirement includes (1) the right to travel in a vehicle, (2) to enter and drive upon a public street, (3) within a right of way up to County standards. For purposes of this opinion, we focus on Section 20-44's definition of a "public street": "a street, highway, thoroughfare, road, avenue, boulevard, alley, court, circle or drive shall not be a "public street" until and unless said street shall have been accepted into a street or road system maintained by a city, county, or the state..." The map you have provided us with shows the U.S. Forest Service Road leading into a portion of the parent parcel. The question is whether (for both the parent parcel and the tower project) this can constitute "approved access" under section 20-8. The definition of approved access requires that the applicant have the right to travel to a public street. In this case, the Forest Service Road is most likely not a public street — the road, as it is part of the U.S. Forest Service (a federal agency) road system, cannot by definition be a road accepted into a system maintained by a city, county or the state. Further, email -communications from the U.S. Forest Service indicate that they maintain the road with a "cooperator" and that the public may use the road to access "public Iands." However, this use is not unrestricted use. To support a finding of approved access by the Board, the applicant would need to have an agreement with the U.S. Forest Service indicating that she has a right to travel from her property on the Forest Service Road in order to reach Highway 70 from her property (assuming such an agreement may be obtained). To overcome the access issue, the applicant would need to prove the right to travel (by easements or contracts) from her property to a public street. Once this is proven, the access issue depends upon the Board of Supervisors recognizing the adequacy of the Forest Service Road to meet access requirements. B. Although you may place restrictions on a permit to prevent further development, You cannot grant a permit on a portion of the property when it is a portion of an illegally created lot. You have also asked us to consider whether the County might grant a minor use permit to the applicant with heavy restrictions indicating that no additional development may take place on the parent parcel until a certificate of compliance has been granted. In that case, you have asked us whether that could prevent the owner of the parent parcel from developing the lot or in the alternative if it could grant vested rights to the parent parcel. Although we do believe the Department may be able to grant a permit to a portion of a parcel with effective development restrictions, we do not believe this can occur under these facts. Section 24-75 of the Butte County Code addresses site requirements for the granting of permits. Section 24-75 provides that "there are established certain minimum standards applicable to building sites throughout the county regardless of zone ... (f) Each Iot shall have an approved access, which means the right of vehicular travel, within a legal right-of-way that meets county standards, to a public street, with entry thereon, over a roadway that meets county design standards." If this minimum standard cannot be met, a permit cannot issue. In this case, as discussed above, it does not appear that the applicant has approved access at this time, so it appears that a permit could not be issued. The agreements we would require for the owner of the parent parcel to prove access would be required here as well. Further, the smaller portion of an illegal lot cannot be granted a permit without access as it could arguably impact public safety — for instance, if emergency personnel were not able to get onto the property in case of a fire. Additionally, section 20-160 (a) states that - 4( no hat "no county officer... shall issue any permit or grant any approval necessary to develop any real property which has been divided ... in violation of the provisions of the State Subdivision Map Act or of the provisions of this chapter if the development of such real property is contrary to the public health or safety." 0 This section acts as a general prohibition against allowing illegally created parcels to develop. In our case, the lot is not legal, as access was not available when the parcel was created by gift deed in 1976. Therefore, it appears that the permit may not be granted by the department if the development is contrary to the public health or safety. Due to public safety concerns mentioned above (access for emergency vehicles), we do not believe development of the parcel is permitted pursuant to section 20-160(a). IV. Conclusion The Subdivision Map Act appears to apply to the parent parcel and the tower project. Unless the owner and applicant can prove access, we do not believe the facts support a legal lot determination or the grant of a permit for the tower. Please contact us if our office can provide additional assistance in this matter. W INQUEST FOR LEGAL SERVICES Date Submitted: May 29, 2009 Department: Development Services From: Phone Number: Depart n ea gnature Contact Person: Mark Michelena Phone Number:'538-7376 PLEASE INDICATE THE TYPE OF ASSISTANCE REQUESTED Opinion Request Briefly explain the issue: Please supply any relevant statutes, regulations, policies or ordinances that apply to your opinion request _along with your analysis. If You do not supply Your analysis, your request may be returned. Request for Ordinance/Resolution Briefly explain the nature of requested Ordinance/Resolution: Is there an existing Ordinance/Resolution: YES NO If yes, please attach or cite existing County Code provisions: X_ Other Briefly explain the assistance requested: We are processing a Minor Use Permit (MUP09- 0002) for a Communication Tower on APN 058-170-045 (Approximately 160 acres). They will have a leased area of approximately 11,400 sq ft. The issue is that applicant can not provide the appropriate documentation that the parent parcel was created in compliance with County Code and the Subdivision Map Act. The parcel was created by Gift Deed on July 13, 1976. The problem is that they can not prove access at that time. Can we approve the MUP and issue a building_ permit for the tower (and related ground equipment) for the leased portion of the parcel, without having to prove the legal status for the entire parcel? Also, if we did approve the MUP and building_ permits for the tower, would that grant the rest of the parcel the right to develop? Thank PRIORITIZATION Indicate -the priority of this request, taking into consideration any prior pending requests. Requests receiving a "high" priority will automatically take precedence over existing pending department projects, unless otherwise indicated. High Moderate X_ Low Indicate due date when high priority For Agenda Items submitted less than 7 days prior to the department's requested return date provide the Comments/Exigent Circumstances justifying urgency: Has this been previously reviewed/or ongoing by County Counsel? 0 Yes [X No `` i ¢_ ran R'. { Parent Parcel f �'MUP location _ Bardeea Bar Rd J 41 �S-D Aleo N C 2 BUTTE COUNTY APR 15 2009 DEVELOPMENT SERVICES If J 30831 !Quarry LL. h m 11629 ^27' 30, R 5 E 633 030, AREA TOP a MAP (NO SCALE) .......... .. 23 3 1w, 49 ...... ,....... L 8 $99. the ..... ... ............. 12 .. 35.4ft 1 10 1 WAD"M SUR JZJIAc rr ( 6 0 19D ........... .... GOD) 62.oat Sl 16 15 ..... 34 ..... 0.89AC 64 N @ I @ j ice. wy—mW— PSI cRom1w 1"8-XDI Fe 01 Butte County lessors Map DFA SUR flao MOR 113 4 47.57AC 2. ?Ao P��-PSIKWW ON 10 -ft-= Book 58, Page 17 WR 0/00 47.DUC MOM 0-03 "a M=R SUR 104# MDR 0/00 A bin W. ** at P -W - the a* Lam &mowo mks B UTTE COUNTY ASSESSOR'S MAP (NO SCALE) SITE PLAN I w w Z ooQ PROJECT INFORMATION: .OWNER: DIGITAL PATH INC. #500 275 AIRPARK BLVD. CHICO CA, 95973 CONTACT: ANDREW CARDIN PH: 530-571-7541 DRAWINGS FOR USE PERMIT ONLY NOTE: DESIGN, STRUCTURE, MATERIALS, MANAGEMENT, AND CONSTRUCTION BY OTHERS 11TLE: SITE PLAN SCALE: DATE93/20/09 iDRAWN BY: 'TJC SHEET: OF: 2 . ......... -777 7'" �S-D Aleo C 2 4 0 X c P6 CJI Z 0 CL b JLJ 0 — 0- 5— a < 00ouE Ln Uj a co m Lo ,n co ..'@ W >o 0 y Ln!S Q ri V) — �? 6 Ln N TQ SITE PLAN I w w Z ooQ PROJECT INFORMATION: .OWNER: DIGITAL PATH INC. #500 275 AIRPARK BLVD. CHICO CA, 95973 CONTACT: ANDREW CARDIN PH: 530-571-7541 DRAWINGS FOR USE PERMIT ONLY NOTE: DESIGN, STRUCTURE, MATERIALS, MANAGEMENT, AND CONSTRUCTION BY OTHERS 11TLE: SITE PLAN SCALE: DATE93/20/09 iDRAWN BY: 'TJC SHEET: OF: 2 . ......... -777 7'" PROJECT: Z CL WZto 2 — 0- 5— a < Uj a co z Lo < o SITE PLAN I w w Z ooQ PROJECT INFORMATION: .OWNER: DIGITAL PATH INC. #500 275 AIRPARK BLVD. CHICO CA, 95973 CONTACT: ANDREW CARDIN PH: 530-571-7541 DRAWINGS FOR USE PERMIT ONLY NOTE: DESIGN, STRUCTURE, MATERIALS, MANAGEMENT, AND CONSTRUCTION BY OTHERS 11TLE: SITE PLAN SCALE: DATE93/20/09 iDRAWN BY: 'TJC SHEET: OF: 2 . ......... -777 7'" C w' OD V_ ^.•4 ?a" - 'r aF; - .:'ti' ,� 'i%in w-} .t''ty "F�+'r• v p $ e '.,t,_._ _:, . i4?(. "+F V 3:,, .,�5, ,'. 7iG, aWY^ X�Y.tt:.Yy � •5i 1.? .,:� �'i�;.` , �1�1�/1� !,,x J\ i=p 4q .,��,�f �'•� � l6 '� - ii�,k�:: �" .4i°pff✓.. 7. 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SCALE1/4� = 1$— Oi l SCALE: � 4" � — 1'- 0ENiG NEERING AND SHOP DRAWINGS BY 0 -HERS E E E E E E E E y - PROJECT: m J GATE (E) DIRT ROAD NEW TOWERF— z U w z L {N) PGE UNDERGROUND o 0 0 � �. EXISTING RADIO TOWER 0 o Or Q AC PARCEL)NEW PREFAB SHED w J EXISTING (1 0 FOR RADIO TOWER (PROP LINE) z co o Q 0 Lalp � 0 0 s z 60 FEET SHED "TO PL. 0 0 U- Q 100 FEET SHED TO PL. 75 FT MIN CLEARANCE TOWER TO PL. p o REVISIONS: NEW 6 FT CHAIN LINK SAFTY •FENCE (E) 1 AC PARCEL PROP LINE TLE:AREA SITE,, PLAN TOWER/SHED ELEVATIONS SCALE: SEE PLAN 9 FEET TAU. DATE: 3/20/09 PREFAB SHED AREA SITE PLAN DRAWN BY: TJ C SALE: 1/8" � � 1— 01 710NS (NEW) SCALE: 2