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HomeMy WebLinkAboutUP 08-0002PROJECT SUMMARY SHEET FILE NO.: MUP07-0004 PROJECT TYPE: MINOR USE PERMIT APN: 056-070-080 APPLICANT: Dave Sien ADDRESS: 3460 Silverbell Road, Chico, CA95973 PHONE: 5308936543 OWNER: CATAMOUNT BROADCASTI, ADDRESS: 3460 SILVERBELL RDCHICO, CA95973 REPRESENTATIVE: <undefined value> ADDRESS: <undefined value><undefined value>, <undefined value> <undefined value> PROJECT DESCRIPTION: (8/21/2007 13:43 CPT) Replacement of existing 195 ft tower with 500 ft tower for broadcasting digital television. The parcel is located on the west side of Cohasset Road, approximately 1 mile north of Mud Creek Road, at 10895 Cohasset Road. PROPERTY ZONED: TM -5 GENERAL PLAN DESIGNATION: AR 1. Application accepted: 8/21/2007 2. Assigned To: Mark Michelena 3. Comments sent to: Public Works Director, Environmental Health, Assessor, LAFCo, Agricultural Commissioner, CDF, Building Manager, County Counsel 4. Sent to Inter -Departmental Review Committee (IDR): 5. Status Letter sent to applicant: 6. Date scheduled for IDR: 9/12/07 7. Comments received from: 8. Rezone Petition Signatures Checked: 9. Mailing List/Lead-in Sheet: 10. Environmental Determination: Clearinghouse circulation required: Yes No Date Sent to SCH: State Clearinghouse No. Categorical Exemption-CEQA# Negative Declaration De Minimis: Mitigation Negative Declaration Subject to Fish & Game: Environmental Impact Report Gen. Rule Ex. — CEQA # Other 11 12 13 14 15 16. 17. 18. 19. 20. 21. Staff Recommends: Approval Denial Date Notices Mailed: Neg Dec. Hearing Number of Notices: Newspaper Publication Date: Neg Dec. Hearing O C Planning Commission Hearing(s): Action taken: Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: Ordinance No: Adopted: Type «TYPE_OF_ PROJECT», Send for signature: N.O.E. / N.O.D. / APPENDIX G: Fish & Game Fees Paid Send letter if approval/denial to applicant/representative: Copies to Environmental Health, Building, Land Development: Assessor's Memo: Copy MINOR USE PERMIT to GIS: Yes No G B A Receipt Number: P619 JTTE COUNTY RECEII 7 County Center Drive Oroville, CA 95965 Department of Development Services Phone (530) 538-7541 Fax (530) 538-2140 Permit Number: MUP07-0004 Job Address: 10895 COHASSET RD10895 COHASSET RD . Applicant: Dave Sien Printed: 8/21/2007 1:31 pm Fee Description Account Number Fee Amount DP Fish/Game - Negative Dec 1001-0-280-1011460 $1,800.00 DPAG Minor Use Permit 0010-460001-4612200-10101 $32.50 DPCR Record Fee Minor Use Perm 0010-470001-4612319-1010 $50.00 DPEHLUP Minor Use Permit 0021-540013-4614901-1010 $217.40 DPFPP Minor Use Permit 0100-450001-4617240-1010 $194.70 DPLD Minor Use Permit 0010-440004-4611700-1010 $96.00 DP Minor Use Permit 0010-440001-4210900-1010 $2,204.00 DP Publishing/Legal Notices 0010-440001-4210900-1010 $151.00 Total Fees Paid: $49745.60 Date Paid: 8/21/2007 Paid By: CATAMOUNT BROADCASTI, Pay Method: Check 16946 Received By: CPT ' - 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 ....,...,R,.F».,..,u.,-..m.s.�.....-.,.m„t.».....n�..,..-.r.�.:-..�...r.��»......_:-,,:.;xirsk.:.n,...:,�,.s,�.=.�,wrr..�.x�>,.�».�axora.c_w,:c�x�mo�a,-:..+u,,mw.s,susz,gs+:iara�awuvcn.�+i.;Y�,..x[r..,�.�Y.,�a�'k�14z`�.^R`�«"7%x�Sf.3°`u.A.:'FFti�3.'�•:ifla��"Y".�.. APPLICANT'S NAME: (If applicant is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: Dave Sien KHSL-TV 056 _ 070 _ 080-000 ADDRESS: STREET, CITY, STATE, & ZIP CODE TELEPHONE: _ 3460 Silverbell Rd. Chico, CA 95973 530) 893: E-MAIL' FAX: _ ... DSien@khsltv.com _ (530) 342 = 4905 OWNER'S NAME: TELEPHONE: ' �< Catamount Broadcasting of. Chico -Redding Inc.530 342 0141 x 243 ADDRESS: STREET, CITY, STATE, & ZIP CODE: 3460. Silverbel.l Rd Chico, CA 95973 _ 3@�ie•c"'.J i.",e�'_:,t-&Fd':.R �.'S7'b�.t5::�:,'#eiYK.�S:t4'�F,^Da�'39.9.`Es['A6R`if:Tilt,tEFNnF£.@.:dtacS'.L'L^'E'its!`.t.wEia92s�.ansa^samcx�csm-vvv�.�+.zaanacs.u,�.��...a,,,.,�.....n...,..-r-.....r.».,,..,...>...n.-�-.,d.-,_.-..—._�..�___- ____. -_.. NAME OF PROPOSED PROJECT (if any) KHSL-DT replacement tower LOCATION OF PROJECT (major cross streets and address, if any) 10895 Cohasset Rd ZONEGENERAL PLAN EXISTING LAND USE TM -5 Antenna farm EXISTING STRUCTURES (square feet) PROPOSED STRUCT (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON SEPTIC SITE SIZE (in square feet or acres) PROPOSED LAND USE ' :ES ( square feet) UNDER WILLIAMSON ACT CONTRACT ❑ Yes ❑ No (Check One) ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER ❑ PROPERTY IS OR PROPOSED TO BE ON WELL WATER U ADMINISTRATIVE PERMIT ❑ LEGAL LOT DETERMINATION ❑ USE PERMIT BUTTE ® MINOR USE PERMrr .CO'UNTY� ® COMMUNICATIONS FACILITY UP/MUP " AUG 2 1.2007 ❑ VARIANCE DEVF �C�NT ❑ MINOR VARIANCE ❑ LOT LINE ADJUSTMENT ❑ CERTIFICATE OF MERGER ❑ TENTATIVE SUBDMSION MAP ❑ TENTATIVE PARCEL MAP ❑ WAIVER OF PARCEL MAP ❑ CERTIFICATE OF CORRECTION ❑ REZONE ❑ GENERAL PLAN AMENDMENT ❑ MINING AND RECLAMATION PLAN ❑ DEVELOPMENT AGREEMENT ❑ OTHER FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets: --If this application is for a land division, describe the number and size of parcels.) Replace a 195 ft. tower erected in 1988 under Butte Couny Use Permit # 88-75 with a 153 meter tower to facilitate Digital Television Transmission required by recent FCC rules I CERTIFY THAT I AM.PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPE FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. of an agent is to be authorized, execute an affida' f authorization and include the affidavit with this application.) DATE: 8/10/2007 SIGNATURE: AGENT AUTHORIZATION To Butte County, Department of Development Services: AV LZN Print Name of Agent Phone Number I< FSS L -TV CtuCq if (02A Mailing Address is. hereby authorized to process this application on my/our property, identified as Butte County Assessors Parcel Number(s) This authorizatiom,allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said piqp�Oincluding document (s) relating to record title interest. t Owner(s) of Record (sign and print name) RALp� 1-, Pr' e Print Name Signature Print Name of Applicant (if other than owner) Print Name of California Civil Engineer/Land Surveyor Mailing Address CATAAA-0W e4:5ftit OF C91C1042"19OWS- TRUC, Print Name Signature Signature of Applicant (if other than owner) Phone Number Email Address WBUTTE -F COUNTY AUG 2 12007 MVELOYCESMENT SERVI Butte County Department of Development Services uir TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive 0, o Oroville, CA 95965 0 — Y (530) 538-7601 Telephone cm : _ c (530) 538-7785 Facsimile APPLICANT'S NAME: (If applicant is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: Dave Sien KHSL-TV 056 - 070 - 080-000 ADDRESS: STREET, CITY, STATE, & ZIP CODE TELEPHONE: . 3460 &Ml Abell Rd. Chico, CA 95973- =' • ` (530-) 89.3 - 6543 _ DSien@khsltv.com , FAX: - ( 530) 342 - 4905 OWNER'S NAME: .... TELEPHONE: Catamount.Broadcasting of Chico-Redding•.:Inc,1..:... ,a• ., -:,:- - : -530-) 342-=- 0141 x 243 ADDRESS: STREET, CITY, STATE, & ZIP CODE: 3460.'Silverbel.l Rd Chico, CA 95973 - NAME OF PROPOSED PROJECT (if any) SITE SIZE (in square feet or acres). KHSL-DT replacement tower LOCATION OF PROJECT (major cross streets and address, if any) 10895 Cohasset Rd ZONE GENERAL PLAN EXISTING LAND USE PROPOSED LAND USE TM -5 Antenna farm EXISTING STRUCTURES (square feet) PROPOSED STRUCTURES ( square feet) UNDER WILLIAMSON ACT CONTRACT ❑ Yes ❑ No ` (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER ❑ PROPERTY IS OR PROPOSED TO BE ON SEPTIC ❑ PROPERTY IS OR PROPOSED TO BE ON WELL WATER % ' ADMINISTRATIVE PERMIT ❑ TENTATIVE SUBDMSION MAP ❑ LEGAL LOT DETERMINATION Ej TENTATIVE PARCEL MAP ❑ USE PERMIT w;' BUTTE o ❑ WAIVER OF PARCEL MAP " ® MINOR USE PERMIT COUNTY ❑ CERTIFICATE OF CORRECTION ® COMMUNICATIONS FACILITY UP/MUP AUG IG 2 1 �1 2007 ❑ REZONE ❑ VARIANCE ❑ GENERAL PLAN AMENDMENT E VELOFIlRENT ❑ MINOR VARIANCE IDE SFRVICES [:1 MINING AND RECLAMATION PLAN ❑ LOT LINE ADJUSTMENT ❑ DEVELOPMENT AGREEMENT ❑ "CERTIFICATE OF MERGER ❑ OTHER • o 4:4"4.."yP.i . 13i:.a li YtkAF M�1@'_ � ---FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is=fora land -division, describe the number and size of parcels.) Replace a 195 ft: tower erected in 1988 under Butte Couny Use Permit # 88-75 ." with a 153 meter tower to facilitate Digital Television Transmission required by recent FCC rules I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. of an agent is to be authorized, execute an affida ' f authorization and include the affidavit with this application.) DATE: 8/10/2007 SIGNATURE: .wti AGENT AUTHORIZATION To Butte County, Department of Development Services: u iZ�' Print Name of Agent Phone Number �< 4S L -1-V 3 �1,7o ID��tL (� , CLUC v to ee4 4-CITr�3 Mailing Address is. hereby authorized to process this application on my/our property, identified as Butte County Assessors Parcel Number(s) 456- 070-OeO, 0007 This authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said Toces°'dig; ti'iot neludin document s relatin to record title interest. Owner(s) of Record (sign and print name) RALpLt i, 166�*-O2 Print Name Signature Print Name of Applicant (if other than owner) Print Name of California Civil Engineer/Land Surveyor Mailing Address C'A IAMVK�T M440 Cvi-rats S Prart�re OF C9tC0- (Zc-pp1fVS- T PVC, Print Name Signature Signature of Applicant (if other than owner) Phone Number Email Address a a Butte County Department of Development Services uir TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive o 0 Oroville, CA 95965 0 : _ o (530) 538-7601 Telephone c ' o (530) 538-7785 Facsimile cau Nty �- x "",,,h5`.�; s.y, -, .y ,�.. �.ayY"'3. ` . ^eF.;.aii. Y - _ v£� : . �P OJEG�NFQRMAIQNTo T ��:. 'Y''.a"k. _3 a7 "-�a:, �.SS•� "t;+;�-z ea+.i'� ., s..3:c.a...A' xray. -Sab _..rs rh. ,. r .r5,. �;ia.,l�_..." - -7e-+.• �„ . eet. s' APPLICANT'S NAME: (If applicant is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: Dave Sien KHSL-TV 056 - 070 - 080-000 ADDRESS: STREET, CITY, STATE, & ZIP CODE TELEPHONE: 3460 Silverbell Rd. Chico, CA 95973 ( 530) 893 - 6543 E-MAIL,. DSien@khsltv.com FAX: ( 530) 342 - 4905 OWNER'S NAME: TELEPHONE: Catamount Broadcasting of Chico -Redding Inc. 530 342 -.0141 x 243 ADDRESS: STREET, CITY, STATE, & ZIP CODE: 3460. Silverbell Rd Chico, CA 95973 ., ��#=i PROPERTY, INRORMATI(ON'?1111W—i 5 NAME OF PROPOSED PROJECT (if any) SITE SIZE (in square feet or acres) KHSL-DT replacement tower LOCATION OF PROJECT (major cross streets and address, if any) 10895 Cohasset Rd ZONE EXISTING LAND USE PROPOSED LAND USE TM -5 IGENERALPLAN I Antenna farm EXISTING STRUCTURES (square feet) PROPOSED STRUCTURES ( square feet) UNDER WILLIAMSON ACT CONTRACT ❑ Yes ❑ No (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER ❑ PROPERTY IS OR PROPOSED TO BE ON SEPTIC ❑ PROPERTY IS OR PROPOSED TO BE ON WELL WATER -- ❑ ADMINISTRATIVE PERMIT ❑ TENTATIVE SU13DMSION MAP ❑ LEGAL LOT DETERMINATION ❑ TENTATIVE PARCEL MAP ❑ USE PERMIT BUTTE ❑ WAIVER OF PARCEL MAP ® MINOR USE PERMIT ; COU!; TY ❑ CERTIFICATE OF CORRECTION ® COMMUNICATIONS FACILITY ❑ REZONE \\�� AUG 2 1 2007 ❑ VARIANCE ❑ GENERAL PLAN AMENDMENT ❑ MINOR VARIANCE DEVELOPMENT ❑ MINING AND RECLAMATION PLAN ❑ LOT LINE ADJUSTMENT SERVICES ❑ DEVELOPMENT AGREEMENT ❑ CERTIFICATE OF MERGER ❑ OTHER c es 'N Ti"ief 4P. - .,,.-.v moi." .11a .'�'PROJECT�DE_S_CRIPTbN��a ' FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets If this application is for a land division, describe the number and size of parcels.) Replace a 195 ft. tower erected in 1988 under Butte Couny Use Permit # 88-75 with a 153 meter tower to facilitate Digital Television Transmission required by recent FCC rules r I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized, execute an affidav' f authorization and include the affidavit with this application.) DATE: 8/10/2007 SIGNATURE: �. ..t✓ti am ?—ftwav v N aico-aew m Dave Sien Chief Engineer GL1 0 t�,�.aaaaamnoaa+girtmro!K r. CBS 12 1 NBC 241 CW 10 3460 Silverbell Road Chico, Ca 95973 SM2 530.893.6543 530.624.1584 cell 530.342.4905 fax dsien@khsltv.com THE TEN10 if, E— amd= q a aic Wd q MI CLU 0 camwx �mnnaq a a� osem:q mc. Dave Sien Chief Engineer *12 CBS 121 NBC 241 CW 10 r' 3460 Silverbell Road Chico, Ca 95973 ,� 530.893.6543 - 530.624.1584 cell - 530.342.4905 fax rHE dsien@khsltv.com TEN10 am ?—ftwav v N aico-aew m Dave Sien Chief Engineer GL1 0 t�,�.aaaaamnoaa+girtmro!K r. CBS 12 1 NBC 241 CW 10 3460 Silverbell Road Chico, Ca 95973 SM2 530.893.6543 530.624.1584 cell 530.342.4905 fax dsien@khsltv.com THE TEN10 if, E— amd= q a aic Wd q MI CLU 0 camwx �mnnaq a a� osem:q mc. AGENT AUTHORIZATION To Butte County, Department of Development Services: AV t'� . J i �v 5/31, 312.6 11 / )K* 01 3 Print Name of Agent Phone Number 1< WS L - Ty 3 1&0 S tc- (Ic�?2 ID14- L l (c a Cp4 Q-CY73 Mailing Address . . is. hereby authorized;to process this application on my/our property, identified as Butte County Assessors Parcel Number(s) 056-0 This authorization.;allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for t in said proCesg�inocluding document (s) relating to record title interest.. Owner(s) of Record (sign and print name) `RALp E, 166::KOQ Print Name Signature Print Name of Applicant (if other than owner) Print Name of California Civil Engineer/Land Surveyor Mailing Address S Prart�AFinae mF C�'o� Print Name Signature Signature of Applicant (if other than owner) Phone Number Email Address , ! . f I t k� 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: ��lx�c�C c S/� Project Number: -0061 Check One ❑ USE PERMIT XMINORUSEPERMIT BUTTE __ COUNTY, AUG 2 12007 DE VELOMENT APPLICATION PACKET CHECKLIST SERVICES 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 Panner 1. ❑ Complete a Pre -Application Review with the Environmental Health Division and provide evidence of meeting their requirements for sewage disposal and water supply in one of the following ways: ❑ A pre -application completion letter from Environmental Health ❑ A Willing and Able to Serve Letter from the appropriate utility district ❑ A completed cooperative agreement for annexation into a utility district 2. ❑ rJ 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". Applicant Pla nner 6. ❑ 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.buttecounty.net/dds/Planning/ Additional fees for publication notices will be required prior to issuance of the use permit. Application fees are non-refundable. Applicant's Initials 7. ❑ b04 A creation document for the project parcel and evidence of current property ownership. 8. ❑ 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"x17" and norg_eater than 24" X 36", folded to 8 %z" x 11 ". In addition, a digital copy of the map and aerial photographs are encouraged. The detailed map must include: a. ❑ Name and business address of the applicant, engineer or person who prepared the map. b. ❑Vf 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 Pro a lines, lot dimensions and an applicable easements of record or proposed. P rh' Y PP P P f. ❑ ` Dimensioned locations of existing and proposed public and private improvements on theproperty (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 roe lines. 1 ❑ Location, height, and materials of walls and fences sections may be required). g ( Y q )• 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 progerties. 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. °• ❑ Any existing faults or fractures and geologic hazards. K I/ 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. ❑ nerBuilding Elevations 10. ❑ J2- If applicable, provide a proposed landscaping and irrigation plan on a separate sheet. 11. ❑ JWN 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. ❑ 0/ Location of retaining walls, drainage channels and existing structures. h. ❑ Ld . 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 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 COMMUNICATIONS FACILITY INSTALLATION Applicant Name: Project Number: 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 &�tatement nner I. . of Justification. Must include the following: a. ❑ D 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. ❑ R/EMF and wattage output data including the number of channels. e. ❑ ❑ Horizontal and vertical location coordinates. 2. ❑ 0 Proposed elevations of the structure and any accessory buildings, including building hei ht 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. BUTTE COUNTY AUG 21200% F L,OPWNT . StRVICES 0 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. 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 graphic depiction of the search ring and all other technical criteria used in determining the proposed facility location. 8. ❑ ❑ Documentation which identifies failure characteristics of the facility structure or tower and demonstrates that the site and setbacks are of adequate size to contain falling debris. 9. ❑ ❑ At the 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. 2 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 use of best available technology and/or construction to maximally achieve visual unobtrusiveness is mandatory. 11. ❑ ❑ 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. ❑ ❑ 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. ❑ ❑ Landscaping and painting plans for the completed project. 15. ❑ . ❑ Proje6 s 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 and all aerial agricultural applicators registered in the County have been notified, as specified herein. 16. ❑ ❑ All applications for facilities that are proposed to be located within the boundaries of any 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: Applicant/Representative Planner Receiving Application Date Date: K:\Planning\FORMS\APPLICATIONS\Communications Facilities.doc Revised 08/04/06 4 L ESS COUNTY AUG 2 12007 DEVELOPMENT SERVICES All Facilities Are Subject To The Following Land Use Permitting Requirements In Specified Zone Districts, In Addition To All Applicable Requirements Of This Chapter. (24-262(d)) PERMIT REQUIREMENTS ONE DISTRICT BUILDING FACADE ROOF MOUNTED CO -LOCATION NEW TOWER OR POLE UTILITY POLE MOUNTED (Includes Antenna) -5 TO A-10 MUP MUP MUP UP MUP -15 TO A-160 MUP MUP MUP MUP MUP R TO AR -10 UP UP UP UP MUP -SR* P P P P P R UP UP UP UP UP R-1 TO FR -10 UP UP UP UP UP R-20 TO FR -160 MUP MUP MUP MUP MUP 1 TO R4* P P P P MUP** -N* P P P P MUP** T-1* P P P P MUP** SR TO SR5* P P P P MUP** -P* P P P P MUP** S -H* P P P P MUP** HP* P P P P MUP** UP UP UP UP UP -Z* P P P P P C-1 MUP MUP MUP MUP AP C-2 MUP MUP MUP MUP AP C -C MUP MUP MUP MUP AP -C MUP MUP MUP MUP AP -C MUP MUP MUP MUP AP -1 MUP MUP MUP MUP AP -1 MUP MUP MUP MUP AP -2 MUP MUP MUP MUP AP C -F MUP MUP MUP MUP AP M-1 TO TM -160 MUP MUP MUP MUP AP PZ-160 MUP MUP MUP MUP AP -Q MUP MUP MUP MUP AP P MUP MUP MUP MUP AP -C MUP MUP MUP MUP AP P = Prohibited AP = Administrative Permit MUP = Minor Use Permit UP = Use Permit * Facilities are prohibited from locating in these zones or within one thousand (1,000) feet of these zones, or within one thousand (1,000) feet of the property line of any parcel within any residential zone in any incorporated city in the County of Butte or in any incorporated or unincorporated area of another county. The installation of and the permitting of facilities in these areas is prohibited except when: 1) no feasible alternative site exists; and 2) a denial would constitute a prohibition on the provision of the affected wireless communications service in violation of federal or state Law. The burden of proof shall be on the applicant to establish both conditions. A use permit is required in these zones or within one thousand (1,000) feet of these zones should both exceptions herein be met by the applicant. **Utility pole mounted facilities may be located within R1 to R4, R -N, RT -1, SR to SR -5, R -P, S -H and MHP zones with an approved minor use permit. ***Notwithstanding any other provision of the Butte County Code, whenever an applicant proposing a facility in any prohibited area or of any prohibited height or configuration, such that this section imposes the burden of proof on such applicant to show that: 1) no feasible alternative site exists; and 2) a denial would constitute a prohibition on the provision of the affected wireless communications service in violation of federal or state Law; a hearing shall be held on the above two (2) issues by the board of supervisors. At such hearing, the applicant shall have the burden of producing evidence and the burden of proving the above two (2) conditions through competent evidence introduced into the record. The board may allow others the same opportunity to present evidence at the hearing. The formal rules of evidence shall not apply at such hearings. A presumption shall exist as to the lack of the two (2) conditions. The decision of the board of supervisors shall be sustained if it is supported by competent evidence contained in the record. At the conclusion of the hearing, the board of supervisors shall determine, based upon the evidence in the record, whether the applicant has met the burden of proof, make findings based on the evidence presented, and refer the applicant's proposal back to the planning commission for further proceedings on the applicant's proposal consistent with the board's findings. ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ `Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: Dave Sieh' 3460 Silverbell Rd. Chico, CA 95973 A. X ❑ Agent ❑ Addressee �! eC v by � 'nted late) CjTateoD very D. Is delivery address different from item 17 ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type tXCertlfied Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery,?,, a Fee) 13Yes 2. Article Number 00(0 2"1�Q 000 (rmnsfer from service labeq PS Form 3811, February 2004 Domestic Refum:Receipt 1025"'95-02-M-1540 ; UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid y USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • 1 r r Butte County Department of Development Services'4030 7 County Center Drive Oroville, CA 95965-3397 C1" RETURN SERVICE REQUESTED II,I,,,Li,1;1,,,11,,,11Is I*dl Ill il�.11111Ill ,'l1111„l,i,„i1 11 Butte County DepartmentofDevelopmentSer- Ices Tim Snellings, Director www.butte6ounty.net/dds 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * PLANNING September 24,-2008 Dave Sien 3460 Silverbell Rd. Chico, CA 95973 Re: Use Permit UP08-0002, APl\ 056-070-080 Dear Dave Sien: Enclosed is your validated Use Permit UP08-0002 for the replacement of an existing 195 ft tower with a 500 ft tower for broadcasting digital television. The parcel is located on the west side of Cohasset Road, approximately 1 mile north of Mud Creek Road, at 10895 Cohasset Road. Should you have any questions regarding this matter, please contact this office between 7:30 a.m. and 4:00 p.m., Monday through Friday. Sincerely, r\ , -o Mary Keiser Er Office Specialist, Senior cc: Land Development Division (g) Environmental Health (p) Department of Forestry (gld) G. I. S. (w) 7006 2760 0000 1246 9156 ru Postage $ rl 1 Certified Fee O Return Receipt Fee P Here r3 (Endorsement Required) r3 Restricted Delivery Fee (Endorsement Required) O `D Total Postage & Fees r Sent To or PO Box No. •3-���! St-�Y 1r� �`�I �._ Pk.......... ---- ------ smote. ZPC PS Form :,, August 2006 - -- si1 See Reverse .-_-__ ....... for Instructions Butte County Department ofDevelopment Services Tim Snellings, Director www.buttecountv.net/dds 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: Dave Sien, UP08-0002 DATE: September 24, 2008 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as 056-070-080, was: Rezoned from to zoning district. Granted a variance to X Issued a conditional use permit on 8/21/2007 for the replacement of an existing 195 ft tower with 500 ft tower for broadcasting digital television. The parcel is located on the west side of Cohasset Road, approximately 1 mile north of Mud Creek Road, at 10895 Cohasset Road, zoned TM -5 (Timber Mountain, five—acre parcels): EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION 24 M DATE: (Certified Mail Rec.) UP08-0002 PERMIT NO. 056=070-080 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: David Sien, KHSL-TV is hereby granted a Use Permit for the replacement of an existing 195 -foot communication tower with analog TV transmission with a new 500 -foot digital TV signal transmission tower. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be' established within two years of the date of approval. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. - 4. If any use for which a Use Permit has been granted is not established within two years of the receipt of the Permit by the Permittee consistent with conditions of approval herein, the Permit shall become null and void and reapplication pursuant to Section 24-45 (of the Zoning Code) shall be required to establish the use previously granted under the expired Permit unless, 30 days prior to the expiration date, a request for a one year extension is submitted to the Planning Commission together with sufficient evidence that the time limits for processing development permits under federal or state regulations require time limits which exceed one year. Upon application, and for good cause by the Permittee, at a public hearing pursuant to Section 24-45.25 above, the Planning Commission may extend any time limitation previously made a part of any condition to a Use Permit. 5. ' The terms and conditions of this Permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally ` omit or misrepresent any material fact in connection with the application. Any alleged material misrepresentation shall constitute grounds for the Director of Development, Services to commence a revocation hearing, and, if proven to exist, shall constitute sufficient grounds to revoke a Permit. Conditions of Approval: Planning Division: 1. The Butte County.Planning Commission hereby reserves ongoing jurisdiction over this Use Permit. The Commission may, at its own discretion, and following a noticed public hearing, revoke this Use Permit, and/or add additional conditions of approval, or modify existing conditions of approval, upon receipt of written complaints or other evidence of adverse impacts upon surrounding properties or the public health, safety or welfare. 2. Mitigation Measure # 1: The following measures shall apply to all development activities on the project site. Dust generated by the development activities shall be kept to a minimum and retained on-site. Follow the air quality control measures listed below: Control Dust a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e. Haul vehicles transporting soil into or out of the property shall be covered. f. Other measures may be required as determined appropriate by the BCAQMD or Department of Public Works in order to control dust. Post Contact Information g. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions).' Other Construction Practices h. Maintain all construction equipment in proper tune according to manufacturer's specification. i. Where feasible, give preference to utilizing the following equipment: • Electric equipment • Substitute gasoline -powered for diesel -powered equipment • Alternatively fueled construction equipment on site such as- compressed natural gas (CNG), liquid natural gas (LNG), propane, or biodiesel. • Equipment that has Caterpillar pre -chamber diesel engines, as practical. • Diesel construction equipment meeting the CARB's 1996 or newer certification standard for off-road heavy-duty diesel enginbs. j. Construction workers shall park in designated parking area(s) to help reduce dust emissions." Plan Requirements: This mitigation shall be placed as a condition of the Use Permit, and on all building permit and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Department of Development Services and Department of Public Works shall ensure that this note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. At the time of building permit application, the Development Services Department will reference this note on all building plans and shall spot check and shall ensure compliance on-site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. 3. Mitigation Measure # 2: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "Should grading 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 resources 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 a separate document which is to be recorded concurrently with the map or on an additional map sheet that states and all building and site development plans. Timing: This measure shall be implemented during site preparation and construction. Monitoring: The Department of Development Services shall ensure that this note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and all building and site development plans. The developer shall be responsible for notifying the Department of Development Services and a qualified archaeologist in the event cultural resources are discovered. The Department of Development Services shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 4. 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 T' and date-stamped April 1, 2004, and is incorporated herein by this reference. 5. 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 the tower will withstand sustained winds as required by the Uniform Building Code. 6. No advertising or display shall be permitted on the Facility. 7. The placement of any antenna or structure shall not adversely affect any on-site sewage disposal system or its repair area without written approval from the Division of Environmental Health. 8. The installation of the -Facility shall not violate any existing deed restrictions. 9. The Facility shall have a twelve (12) foot wide all-weather access to a publicly maintained road capable of supporting a forty thousand (40,000) pound fire apparatus with fifteen (15) feet of vertical clearance. 10. There shall be no outdoor vehicle or equipment storage except for emergency purposes. 11. The Facility shall fall within current standards and regulations of the FAA, the FCC, and any other State and/or Federal agency with the authority to regulate such Facility. If such standards and regulations are changed, the property owner or responsible party shall bring the Facility into compliance with such revised standards and regulations within ninety (90) days of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling agency. 12. 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. 13. 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 QET 65. 14. Prior to issuance of the 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. 15. 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. 16. Prior to issuance of a building permit for the Facility, the applicant shall obtain a detailed estimate from an appropriate building industry business or contractor for the removal of the Facility, including the proper disposal of all removed materials and the return of site to its original condition. a) A copy of the estimate shall be submitted to the Building Division for review and approval prior to issuance of building permits. b) 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, proper disposal of all removed materials, and return of the site to its original condition in the event that such Facility is abandoned, or if the permit has been terminated for violation of its conditions by the County after hearing, or has expired, and after notice has been given to the owner/operator by the County, no application for renewal has been filed. c) If the Director of Development Services determines that the Facility is abandoned, the applicant may be required to remove all equipment belonging to the applicant from the "premises and return the site to its original condition within thirty (30) calendar days of receipt of notice to abate. If such Facility is not removed and the site returned to its original condition within thirty (30) days, the County may remove the Facility at the applicant's and/or landowners joint and several expenses. 17. All ground level support facilities shall be painted and/or screened from view with adequate landscaping appropriate to the surrounding environment. All aesthetic treatments, including landscaping shall be maintained as approved for the life of the facility. 18. 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. 19. 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. 20. The Facility shall be secured at all times to prevent access by the public. 21. All facilities and related equipment, including lighting, fences, shields, cabinets, and poles, shall be maintained in good repair, free from trash, debris, litter and graffiti and other forms of vandalism, and any damage from any cause shall be repaired as soon as, reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. 22. Prior to issuance of any permit on the project site, pay any outstanding project -related processing fees. 23. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. Cal Fire/Butte County Fire Department 24. Alterations made to equipment in the existing structure at the base of the tower would have to meet all applicable portions of the 2007 CFC. Building Division 25. A demolition permit is required for the removal of the 195 -foot communication tower. 26. A building permit required for the installation of the 500 -foot digital TV signal transmission replacement tower. County Counsel 27. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. I hereby declare under penalty of perjury I have read the foregoing conditions, they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this Use Permit does not waive re ire ents of obtaining Building and Health Department permits before starting c nstruc n, r does it waive any other requirements. 1 �. Butte County Planning Commission Chair CC: Land Development Division Building Division Butte County Fire Department/CDF Butte County Assessor's Office POSTED _ - , IR OUGH NOTICE OF DETERMINATION TO: ® Butte County Clerk ❑ Office of Planning and Research 1400 Tenth Street P.O. Box 3044 Sacramento, CA 95812-3044 FILING NO. FROM: Butte County Department of Development Services, Planning 7 County Center Drive, Oroville, CA 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. AP Number: 056-070-080 Project Title: UP08-0002, USE PERMIT Applicant: Dave Sien, 3460 Silverbell Rd., Chico, CA 95973 Contact Person: Mark Michelena Telephone Number: 538-7601 Project Description: Replacement of existing 195 ft tower with 500 ft tower for broadcasting digital television. The parcel is located on the west side of Cohasset Road, approximately 1 mile north of Mud Creek Road, at 10895 Cohasset Road. State Clearinghouse Number (If submitted to clearinghouse): 2008032019 This is to advise that the Butte County Planning Commission has approved the above-described project on April 10, 2008 and has made the following determinations regarding the above-described project: 1. The project ❑will, ®will not, have a significant effect on the environment. 2. ❑An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. 3. ®A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 4. Mitigation measures ®were, ❑were not, made a condition of the approval of the project. 5. A statement of overriding considerations ❑was, ®was not, adopted for this project. This is to certify that the final EIR, with comments and responses and record of project approval, is available to the general public at: Date received for filing and posting at OPR Butte County Department of Development Services 7 County Center Drive Orov'll 965 APR 3 Charles Thistlethwaite Division Manager CANDAE • GRUB UTTE COD URY Department of Development Services Mitigation Measures: Mitigation Measure # 1: The following measures shall apply to all development activities on the project site. Dust generated by the development activities shall be kept to a minimum and retained on-site. Follow the air quality control measures listed below: Control Dust a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. C. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e. Haul vehicles transporting soil into or out of the property shall be covered. f. Other measures may be required as determined appropriate by the BCAQMD or Department of Public Works in order to control dust. Post Contact Information g. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). Other Construction Practices h. Maintain all construction equipment in proper tune according to manufacturer's specification. i. Where feasible, give preference to utilizing the following equipment: • Electric equipment • Substitute gasoline -powered for diesel -powered equipment • Alternatively fueled construction equipment on site such as compressed natural gas (CNG), liquid natural gas (LNG), propane, or biodiesel. • Equipment that has Caterpillar pre -chamber diesel engines, as practical. • Diesel construction equipment meeting the CARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. Construction workers shall park in designated parking area(s) to help reduce dust emissions." Plan Requirements: This mitigation shall be placed as a condition of the Use Permit, and on all building permit and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Department of Development Services and Department of Public Works shall ensure that this note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. At the time of building permit application, the Development Services Department will reference this note on all building plans and shall spot check and shall ensure compliance on-site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. 2. Mitigation Measure # 2: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "Should grading 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 resources 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 a separate document which is to be recorded concurrently with the map or on an additional map sheet that states and all building and site development plans. Timing: This measure shall be implemented during site preparation and construction. Monitoring: The Department of Development Services shall ensure that this note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and all building and site development plans. The developer shall be responsible for notifying the Department of Development Services and a qualified archaeologist in the event cultural resources are discovered. The Department of Development Services shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. L. I . DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) Name and address of applicant: Dave Sien 3460 Silverbell Rd. Chico, CA 95973 Project Title/File Number: USE PERMIT, UP08-0002 APN: 056-070-080 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION / STATEMENT OF EXEMPTION ❑ A. Statutorily or Categorically Exempt $50.00 Clerk's Documentary Handling Fee ❑ B. Certificate of No Effect $50.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED ❑ A. Negative Declaration $1,876.75 State Filing Fee $50.00 Clerk's Documentary Handling Fee ❑ B. Environmental Impact Report $2606.75 State Filing Fee $50.00 Clerk's Documentary Handling Fee 3 OTHER (Specify) $50.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. ® PAYMENT: The above fees have been paid. See attached receipt(s): # P957 & P967 2. ❑ NON-PAYMENT: The above fees are required. Not paid. Chief Plannine Official By: Tim Snellings, Development Services Title: Director Lead Agency: Butte County Department of Development Services Date: April 22, 2008 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. COUNTY OF BUTTE AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROi(II._LE, CA RECEIVED FROM PLANNING BAG 42lw FUND DESCRIPTION INV# TITLE ATR NO 3242-5 DATE 1/2912008 FUND DEPT ACCT CASH COBE CODE CODE CODE AMOUNT 6»®f"lcm r%ATl--• 4.1 wL-7 %4,76 { LJrA 11 3— st.J RECEIPTS: P5`65 TO PWS RECEIVED ON: 1128 PLANNING ADPL FEES GENL 0010 44CCO1 4210M 101601 LAP40 DEVELOPMENT GENL 00.11) 440004 4611700 101001 Elti'ORONNIEWAL HLTH PH FUND 0021 640013 A614901 101001 FIRE PLNG APPL FEE FIRE PROTECT r' WOO 4501 4617240 101001 FISH &,GAME FEES CL.ERWRECORD 9001 2W 1011460 (a 11'J50) ---Amount- of -Fee— -- 4Ft'�:�1�6 1�; UPtI&GGa2:_ IEN ---- -- ------ --$ --?6.',5----��� 6,188.50 36.00 218.60 iso.4.30 76.75 TOTAL$ 6,761.45 APPROVED BY: RECEIVED BY: AUDITOR-CM4T OL.I_ER TREASURER V white --treasurer pink= auditor canarl—depasitor golden avd�=fife COUNTY OF BUTTE AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVILLE, CA RECEIVED FROM PLANNING BAG # 330 ATR NO M, 20031 0!2212007 FUND FUNI] DEPT ACCT CASH DESCRIPTION INV* TITLE CODE CODE CODE CODE AMOUNT DEPOSIT ®ATE: 8r22 RECEIPTS: P619 RECEIVED ON: 8!21 PLANNING APPL FEES GENL 0010 440MI 4210900 101001 2,355.00 LAND DEVELOPMENT GENL .0010 440004 491'1700 101001 95.00 ENVIRONMENTAL HLTH PH FUND 002f 546013 4614901 101001 217.40 AGRICULTURAL FEES GENL 0090 46=1 4612200 101001 32.50 FIRE PLNG APPL FEE FIRE PROTECT 0100 45 09 4697240 901001 194.70 NODINOE,CLERK'S FILING FE GENL 0040. 470MI 4612319 101001 50.00 Project Number -- Amount of Fee APN:056-070-080;MUP07-0004;SIEN 5u.pp - FISH & GAME FEES, GLERKIRECORD.. 1001->.280 101..9460 1,800.00 (850/12�Oj nProject-Numbers - Amount of Fee „ "'APN-055=070-080;MUP07-0004;Slr1N TOTAL 4,745.60 APPROVED BY: RECEIVED BY: , AUDITOR -CONTROLLER TREASURER _ i� T. By U = white --treasurer pink ----auditor 1_4� i .. I cartaro�-'depositor ro' d=file 9 USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP08-0002 PERMIT NO. 056-070-080 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: David Sien, KHSL-TV is hereby granted a Use Permit for the replacement of an existing 195 -foot communication tower with analog TV transmission with a new 500 -foot digital TV signal transmission tower. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to- or concurrently with the establishment of the granted use. The use granted by this permit must be established within two years of the date of approval. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Use Permit has been granted is not established within two years of the receipt of the Permit by the Permittee consistent with conditions of approval herein, the Permit shall become null and void and reapplication pursuant to Section 24-45 (of the Zoning Code) shall be required to establish the use previously granted under the expired Permit unless, 30 days prior to the expiration date, a request for a one year extension is submitted to the Planning Commission together with sufficient evidence that the time limits for processing development permits under federal or state regulations require time limits which exceed one year. Upon application, and for good cause by the Permittee, at a public hearing pursuant to Section 24-45.25 above, the Planning Commission may extend any time limitation previously made a part of any condition to a Use Permit. 1 5. The terms and conditions of this Permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally omit or misrepresent any material fact in connection with the application. Any alleged material misrepresentation shall constitute grounds for the Director of Development Services to commence a revocation hearing, and, if proven to exist, shall constitute sufficient grounds to revoke a Permit. Conditions of Approval: Planning Division: The Butte County Planning Commission hereby reserves ongoing jurisdiction over this Use Permit. The Commission may, at its own discretion, and following a noticed public hearing, revoke this Use Permit, and/or add additional conditions of approval, or modify existing conditions of approval, upon receipt of written complaints or other evidence of adverse impacts upon surrounding properties or the public health, safety or welfare. 2. Mitigation Measure # 1: The following measures shall apply to all development activities on the project site. Dust generated by the development activities shall be kept to a minimum and retained on-site. Follow the air quality control measures listed below: Control Dust a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. C. Soil stockpiled for more than two days shall be covered, kept moist, or treated.with soil binders to prevent dust generation. d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e. Haul vehicles transporting soil into or out of the property shall be covered. f. Other measures may be required as determined appropriate by the BCAQMD or Department of Public Works in order to control dust. Post Contact Information g. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). Other Construction Practices h. Maintain all construction equipment in proper tune according to manufacturer's specification. i. Where feasible, give preference to utilizing the following equipment: • Electric equipment a • Substitute gasoline -powered for diesel -powered equipment • Alternatively fueled construction equipment on site such as compressed natural gas (CNG), liquid natural gas (LNG), propane, or biodiesel. • Equipment that has Caterpillar pre -chamber diesel engines, as practical. • Diesel construction equipment meeting the CARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. j. Construction workers shall park in designated parking area(s) to help reduce dust emissions." Plan Requirements: This mitigation shall be placed as a condition of the Use Permit, and on all building permit and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Department of Development Services and Department of Public Works shall ensure that this note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. At the time of building permit application, the Development Services Department will reference this note on all building plans and shall spot check and shall ensure compliance on-site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. 3. Mitigation Measure # 2: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "Should grading 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 resources 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 a separate document which is to be recorded concurrently with the map or on an additional map sheet that states and all building and site development plans. Timing: This measure shall be implemented during site preparation and construction. Monitoring: The Department of Development Services shall ensure that this note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and all building and site development plans. The developer shall be responsible for notifying the Department of Development Services and a qualified archaeologist in the event cultural resources are discovered. The Department of Development Services shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 4. 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 T' and date-stamped April 1, 2004, and is incorporated herein by this reference. 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 the tower will withstand sustained winds as required by the Uniform Building Code. 6. No advertising or display shall be permitted on the Facility. 7. The placement of any antenna or structure shall not adversely affect any on-site sewage disposal system or its repair area without written approval from the Division of Environmental Health. The installation of the Facility shall not violate any existing deed restrictions. 9. The Facility shall have a twelve (12) foot wide all-weather access to a publicly maintained road capable of supporting a forty thousand (40,000) pound fire apparatus with fifteen (15) feet of vertical clearance. 10. There shall be no outdoor vehicle or equipment storage except for emergency purposes. 11. The Facility shall fall within current standards and regulations of the FAA, the FCC, and any other State and/or Federal agency with the authority to regulate such Facility. If such standards and regulations are changed, the property owner or responsible party shall bring the Facility into compliance with such revised standards and regulations within ninety (90) days of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling agency. 12. 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. 13. 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 QET 65. 14. Prior to issuance of the 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. 15. 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. 16. Prior to issuance of a building permit for the Facility, the applicant shall obtain a detailed estimate from an appropriate building industry business or contractor for the removal of the Facility, including the proper disposal of all removed materials and the return of site to its original condition. a) A copy of the estimate shall be submitted to the Building Division for review and approval prior to issuance of building permits. b) 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, proper disposal of all removed materials, and return of the site to its original condition in the event that such Facility is abandoned, or if the permit has been terminated for violation of its conditions by the County after hearing, or has expired, and after notice has been given to the owner/operator by the County, no application for renewal has been filed. c) If the Director of Development Services determines that the Facility is abandoned, the applicant may be required to remove all equipment' belonging to the applicant from the premises and return the site to its original condition within thirty (30) calendar days of receipt of notice to abate. If such Facility is not removed and the site returned to its original condition within thirty (30) days, the County may remove the Facility at the applicant's and/or landowners joint and several expenses. 17. All ground level support facilities shall be painted and/or screened from view with adequate landscaping appropriate to the surrounding -environment. All aesthetic treatments, including landscaping shall be maintained as approved for the life of the facility. 18. 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. 19. 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. 20. The Facility shall be secured at all times to prevent access by the public. 21. All facilities and related equipment, including lighting, fences, shields, cabinets, and poles, shall be maintained in good repair, free from trash, debris, litter and graffiti and other forms of vandalism, and any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. 22. Prior to issuance of any permit on the project site, pay any outstanding project -related processing fees. 23. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. Cal Fire/Butte County Fire Department 24. Alterations made to equipment in the existing structure at the base of the tower would have to meet all applicable portions of the 2007 CFC. Building Division 25. A demolition permit is required for the removal of the 195 -foot communication tower. 26. A building permit required for the installation of the 500 -foot digital TV signal transmission replacement tower. County Counsel 27. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. I hereby declare under penalty of perjury I have read the foregoing conditions, they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: 411&Lo Applicant NOTE: Issuance of this Use Permit does not waive requirements of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chair CC: Land Development Division Building Division Butte County Fire Department/CDF Butte County Assessor's Office Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * PLANNING April 15, 2008 Dave Sien 3460 Silverbell Rd. Chico, CA95973 Re: USE PERMIT: UP08-0002 APN: 056-070-080 Dear Dave Sien: At the regular meeting of the Butte County Planning Commission held April 10, 2008, your request for a replacement of an existing 195 ft tower with 500 ft tower for broadcasting digital television was approved. The parcel is located on the west side of Cohasset Road, approximately 1 mile north of Mud Creek Road, at 10895 Cohasset Road. The Use Permit was approved subject to the conditions listed on the enclosures. Please sign both copies and return both copies to this Division within 40 calendar days. Should you desire to appeal any of the conditions imposed by the Planning Commission, you must do so in writing, prior to 5:00 p.m., Monday,April 21, 2008 to the: Clerk of the Board of Supervisors 25 County Center Drive Oroville, California, 95965 The appeal fee of $50.00 must be paid at that time. If you do not appeal, and if there are no other appeals within the 10 calendar -day appeal period, the action of the Planning Commission is final. APPROVAL OF PROJECT SUBJECT TO PAYMENT OF ALL APPLICABLE FEES Payment of all applicable fees will be required as a condition of approval for your project or proof of waiver of fees. Prompt payment of invoiced amounts will expedite the approval process in satisfying this condition. Please sign both copies of the Use Permit and return them to this Division. You must sign the Use Permit within thirty (30) days of the expiration of the appeal period. Both signed copies must be received, by this Division, within forty (40) days from approval of the permit by the Planning Commission. The Use Permit is deemed granted when the enclosures have been signed by the applicant, with the counter signature. of the Chairman of the Planning Commission, and said permit is received by the applicant by certified mail. Pursuant to Section 66020 (d) (2) of the Government Code you are hereby notified that you have 90 days to register a protest challenging any fees, dedications, reservations, or exactions imposed as conditions of approval for this project. The conditions of approval must be met within twenty-four (24) months from the date of approval by the Butte County Planning Commission or the approval will be considered null and void. Should you have any questions regarding this matter, please contact Mark Michelena at 530-538- 7376 between 7:30 a.m. and 4:30 p.m., Monday through Friday. Sincerely, Tina Bonham Commission Clerk EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP08-0002 PERMIT NO. 056-070-080 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: David Sien, K14SL-TV is hereby granted a Use Permit for the replacement of an existing 195 -foot communication tower with analog TV transmission with a new 500 -foot digital TV signal transmission tower. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within two years of the date of approval. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Use Permit has been granted is not established within two years of the receipt of the Permit by the Permittee consistent with conditions of approval herein, the Permit shall become null and void and reapplication pursuant to Section 24-45 (of the Zoning Code) shall be required to establish the use previously granted under the expired Permit unless, 30 days prior to the expiration date, a request for a one year extension is submitted to the Planning Commission together with sufficient evidence that the time limits for processing development permits under federal or state regulations require time limits which exceed one year. Upon application, and for good cause by the Permittee, at a public hearing pursuant to Section 24-45.25 above, the Planning Commission may extend any time limitation previously made a part of any condition to a Use Permit. 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. 6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally omit or misrepresent any material fact in connection with the application. Any alleged material misrepresentation shall constitute grounds for the Director of Development Services to commence a revocation hearing, and, if proven to exist, shall constitute sufficient grounds to revoke a Permit. Conditions of Approval: Planning Division: The Butte County Planning Commission hereby reserves ongoing jurisdiction over this Use Permit. The Commission may, at its own discretion, and following a noticed public hearing, revoke this Use Permit, and/or add additional conditions of approval, or modify existing conditions of approval, upon receipt of written complaints or other evidence of adverse impacts upon surrounding properties or the public health, safety or welfare. 2. Mitigation Measure # 1: The following measures shall apply to all development activities on the project site. Dust generated by the development activities shall be kept to a minimum and retained on-site. Follow the air quality control measures listed below: Control Dust a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. C. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e. Haul vehicles transporting soil into or out of the property shall be covered. f. Other measures may be required as determined appropriate by the BCAQMD or Department of Public Works in order to control dust. Post Contact Information g. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). Other Construction Practices h. Maintain all construction equipment in proper tune according to manufacturer's specification. i. Where feasible, give preference to utilizing the following equipment: • Electric equipment • Substitute gasoline -powered for diesel -powered equipment • Alternatively fueled construction equipment on site such as compressed natural gas (CNG), liquid natural gas (LNG), propane, or biodiesel. • Equipment that has Caterpillar pre -chamber diesel engines, as practical. • Diesel construction equipment meeting the CARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. j. Construction workers shall park in designated parking area(s) to help reduce dust emissions." Plan Requirements: This mitigation shall be placed as a condition of the Use Permit, and on all building permit and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Department of Development Services and Department of Public Works shall ensure that this note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. At the time of building permit application, the Development Services Department will reference this note on all building plans and shall spot check and shall ensure compliance on-site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. 3. Mitigation Measure # 2: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "Should grading 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 resources 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 a separate document which is to be recorded concurrently with the map or on an additional map sheet that states and all building and site development plans. Timing: This measure shall be implemented during site preparation and construction. Monitoring: The Department of Development Services shall ensure that this note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and all building and site development plans. The developer shall be responsible for notifying the Department of Development Services and a qualified archaeologist in the event cultural resources are discovered. The Department of Development Services shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 4. 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 J" and date-stamped April 1, 2004, and is incorporated herein by this reference. 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 the tower will withstand sustained winds as required by the Uniform Building Code. 6. No advertising or display shall be permitted on the Facility. 7. The placement of any antenna or structure shall not adversely affect any on-site sewage disposal system or its repair area without written approval from the Division of Environmental Health. 8. The installation of the Facility shall not violate any existing deed restrictions. 9. The Facility shall have a twelve (12) foot wide all-weather access to a publicly maintained road capable of supporting a forty thousand (40,000) pound fire apparatus with fifteen (15) feet of vertical clearance. 10. There shall be no outdoor vehicle or equipment storage except for emergency purposes. 11. The Facility shall fall within current standards and regulations of the FAA, the FCC, and any other State and/or Federal agency with the authority to regulate such Facility. If such standards and regulations are changed, the property owner or responsible party shall bring the Facility into compliance with such revised standards and regulations within ninety (90) days of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling agency. 12. 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. 13. 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 QET 65. 14. Prior to issuance of the 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. 15. 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. 16. Prior to issuance of a building permit for the Facility, the applicant shall obtain a detailed estimate from an appropriate building industry business or contractor for the removal of the Facility, including the proper disposal of all removed materials and the return of site to its original condition. a) A copy of the estimate shall be submitted to the Building Division for review and approval prior to issuance of building permits. b) 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, proper disposal of all removed materials, and return of the site to its original condition in the event that such Facility is abandoned, or if the permit has been terminated for violation of its conditions by the County after hearing, or has expired, and after notice has been given to the owner/operator by the County, no application for renewal has been filed. c) If the Director of Development Services determines that the Facility is abandoned, the applicant may be required to remove all equipment belonging to the applicant from the premises and return the site to its original condition within thirty (30) calendar days of receipt of notice to abate. If such Facility is not removed and the site returned to its original condition within thirty (30) days, the County may remove the Facility at the applicant's and/or landowners joint and several expenses. 17. All ground level support facilities shall be painted and/or screened from view with adequate landscaping appropriate to the surrounding environment. All aesthetic treatments, including landscaping shall be maintained as approved for the life of the facility. 18. 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. 19. 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. 20. The Facility shall be secured at all times to prevent access by the public. 21. All facilities and related equipment, including lighting, fences, shields, cabinets, and poles, shall be maintained in good repair, free from trash, debris, litter and graffiti and other forms of vandalism, and any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. 22. Prior to issuance of any permit on the project site, pay any outstanding project -related processing fees. 23. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. Cal Fire/Butte County Fire Department 24. Alterations made to equipment in the existing structure at the base of the tower would have to meet all applicable portions of the 2007 CFC. Buildinp, Division 25. A demolition permit is required for the removal of the 195 -foot communication tower. 26. A building permit required for the installation of the 500 -foot digital TV signal transmission replacement tower. County Counsel 27. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. I hereby declare under penalty of perjury I have read the foregoing conditions, they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirements of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chair CC: Land Development Division Building Division Butte County Fire Department/CDF Butte County Assessor's Office BUTTE COUNTY PLANNNNING COMMISSION AGENDA REPORT, April 10, 2008 Applicant: Dave Sien, KHSL-TV Planner: Mark Michelena, Senior Planner Owner: Catamount Broadcasting of Attachments: Chico -Redding, Inc. File #: UP08-0002 A: Resolution with Conditions Request: A use permit to allow for the B: Vicinity Map and General replacement of an existing Plan/Zoning Map 195 -foot communication C: Initial Study/Mitigated tower with analog TV Negative Declaration transmission with a 500 -foot digital TV signal transmission D: Engineering Statement with tower. Regard to Human Exposure to Nonionizing Radiation — August 2007 General AR (Agricultural E: KHSL-TV Justification Plan: Residential) Statement for Cohasset Zoning: TM -5 (Timber Mountain, Replacement Tower (with 5 -acre minimum) Visual Simulation) APN: 056-070-080 F: FCC Antenna Structure Registration Location: On the west side of Cohasset G. Guyed Wire Exhibit Road, approximately 1 mile H: Easement & Plat Map north of Mud Creek Road, at 10895 Cohasset Road. I: Neighbor Letter Parcel Size: 5.06 +/- acres J: Site Photographs Supervisor K: Site Plan District: 3 EXECUTIVE SUMMARY: • The project is a Use Permit to replace an existing 195 -foot communication tower with analog TV transmission (constructed in 1988) with a 500 -foot digital TV signal transmission tower on an existing communications site. • The purpose for the replacement the tower is to comply with Federal Communication Commission (FCC) requirements to phase out analog television signals and replace with digital signals. In order to comply with this mandate, KHSL-TV is required to replace all of its broadcasting facilities with more efficient digital technology and equipment. The currently -exiting tower cannot be retrofitted for digital television and must be replaced. ■ Butte County Department of Development Services ■ ■ April 10, 2008 ■ Agenda Report — Use Permit 08-0002 Sien■ Page 1 of 23 ■ • This request is to allow a replacement of a legal nonconforming (setbacks) communications tower, in accordance with Butte County Code Section 24-35.20, which allows for any nonconforming use to be changed to another nonconforming use, expanded, enlarged, extended, reconstructed, or structurally altered upon obtaining a use permit from the planning commission. Staff recommends that the Planning Commission adopt the attached Resolution, adopting a Mitigated Negative Declaration pursuant to CEQA and approving UP08-0002 for David Sien. SITE CHARACTERISTICS: • The +/- 5 -acre project site is currently developed with two (2) television broadcasting towers and various support equipment. The site currently contains a 300 -foot analog TV transmission tower constructed over 50 -years ago and a 195 -foot communication tower with analog TV transmission (UP 88-75). The support equipment on the site consists of various technical support buildings and equipment including portable storage units, generators, propane tanks, etc. • This area of the Cohasset ridge is home to several TV, radio, and communication towers. In addition to the two towers currently located on the subject parcel, a 600 -foot tower (UP 88-33) and a 400 -foot tower are located northeast of the subject parcel on a parcel designated APN 056-070-076 and two 150 -foot towers (UP 88-62 and UP 93-14) are located east of the subject parcel on a parcel designated APN 056-070-078. • The existing site is surrounded by chain-link/barbed wire fencing, which prevents it from being accessed by the public. Vehicular access to the site is provided by a locked gate. • The project site ranges in elevation from 3,530 to 3,545 feet above sea level. The site slopes slightly downward to southwest. • An existing well is located in the northern portion of the project site. • The project site is not located within a 100 -year flood zone, an earthquake fault zone, or an airport land use compatibility zone. • The majority of the project site has been cleared of vegetation. Vegetation surrounding the site consists of evergreen trees, shrubs, and grasses typical of a pine forest environment. • Access to the project site would be from Cohasset Road, which is a rural two-lane road which serves as a primary arterial. Cohasset Road splits the site, with approximately 65 percent of the site located on the north side of the road and 35 percent located on the south site. Although the majority of Cohasset Road consists of a paved roadway, the paved roadway sections ends and Cohasset Road transitions into a dirt road approximately one-half mile southwest of the project site. • Other than the communication towers on adjacent parcels described above, surrounding uses to the project site consist of vacant lands. The closest residence to the site is located approximately 0.25 miles to the southwest. • The existing residences would not be affected by the visual impacts of the proposed tower because there is very dense tree coverage surrounding the perimeter of the site in all directions. Due to the location of the project site within a heavily wooded area, the site is only visible to the adjacent portion of Cohasset Road. ■ Butte County Department of Development Services ■ ■ April 10, 2008 ■ Agenda Report — Use Permit 08-0002 Sien■ Page 2 of 23 ■ • The tower requires periodic maintenance visits to the site. • The applicant acquired a non-exclusive easement on the parcel to the west (APN 056-070- 070) for the construction, installation, maintenance and protection of guy wires for support of the proposed 500 -foot tower. ANALYSIS: Existing Non -Conforming Use • The existing 195 -foot tower was established legally on June 30, 1988 by an approved use permit (UP 94-67) per the requirements of Butte County Code 24-174. • The applicant has proposed replacing the existing 195 -foot tower, as that tower is not capable of supporting additional height due to age and structural engineering constraints. • Butte County Code 24-262(g)(2)b states that "...all new facilities shall be located on a lot so. that the distance from the base of the facility to the parcel or lot boundary is equal to or greater than the height of the facility." • The existing tower does not meet the setback requirements established by Section 24- 262(g)(2)b. The proposed new tower would be 500 feet in height. The setbacks for the proposed tower will range from 75 to 290 feet from the property lines. The westerly (rear) setback is only 75 feet. • Because the existing tower structure was constructed prior to the adoption of the County's Wireless Communications Facilities Ordinance and associated setback requirements, which it now does not meet, the existing structure has been determined to be an exiting non- conforming use. • Expansion of the use requires the issuance of a use permit by the planning commission. Section 24-35.20 of the BCC provides for the requirements for the change or expansion of a nonconforming use. General Plan and Zoning • The project site is designated as Agricultural Residential by the Land Use Element Map of the General Plan, which allows public/utility uses as secondary uses. (Note: analog/digital television signal providers are considered a public/utility use because they are regulated by the Federal Communications Commission). • The proposed television transmission tower does not conflict with any policies or programs contained in General Plan Land Use Element. • The project site is zoned TM -5 (Timber Mountain 5 -acre minimum). Butte County Code 24- 262 (Wireless Communications Facilites) typically requires the issuance of a minor use permit for a new tower within the TM -5 zone district. However, since there is an existing nonconforming tower (setbacks), the change or expansion of the nonconforming use requires a use permit. • Butte County Code 24-262(g)(14) states that no more than one (1) facility may be placed within one thousand (1,000) feet of any other existing facility(s), unless visual impacts are negligible, or the applicant can demonstrate that the site is a technical necessity to meet the demands of the geographic service area and the applicant's network. ■ Butte County Department of Development Services ■ ■ April 10, 2008 ■ Agenda Report — Use Permit 08-0002 Sien■ Page 3 of 23 ■ Visual impacts of the proposed tower are minimal because there is very dense tree coverage surrounding the perimeter of the site in all directions. (See also Aesthetics, below) - Other than the communication towers on site and on adjacent parcels, surrounding uses to the project site consist of vacant lands. The closest residence to the site is located approximately 0. 25 miles to the southeast. • The proposed project provides a use that is consistent with the existing area and with the existing site, and will have minimal impact to surrounding uses while providing an upgrade in signal technology (analog to digital), as required by the FCC. • The proposed use is conditioned to comply with, other than setbacks, each of the applicable provisions for Wireless Communication Facilities of Chapter 24, Section 262, of the Butte County Code. Aesthetics • The replacement of the 195 -foot communication tower with analog TV transmission with a 500 -foot digital TV signal transmission tower could impact the views of the skyline within the project area. However, the site is located in a coniferous forest setting with existing communication antennas and no existing residential dwellings adjacent to the site. There is very dense tree coverage surrounding the perimeter of the site in all directions. Due to the location of the project site within a heavily wooded area, the site is only visible to the adjacent portion of Cohasset Road and the proposed project would not affect view sheds from residences within the Cohasset area. • The sole access to the site is via Cohasset Road. The Butte County General Plan does not designate Cohasset Road as a local scenic corridor, nor is it designated as a scenic State corridor. • The proposed 500 -foot replacement tower would not result in a significant increase in air emissions, fugitive dust emissions, light, noise, or vehicle traffic. • As required by the Federal Aviation Administration (FAA), warning lights will be required to be installed on the tower. Although this will introduce a new source of light to the project area, the lighting will be for safety purposes, and would not significantly affect day or nighttime views in the area. • The applicant has proposed the use of traditional incandescence lighting on the tower, consistent with FCC and FAA regulations, as traditional incandescent lighting minimizes the "strobe" effect of tower lighting at the ground -level due to cloud cover or fog. Safety • An Engineering Statement with Regard to Human Exposure to Nonionizing Radiation was prepared by a registered electrical engineer. In the statement, it was determined that the proposed replacement tower would fully comply with the current FCC Standard with regard to human exposure to nonionizing radiation. • The lattice tower is built in sections, so if the tower was to fall, it is designed to collapse within the guyed wire area. Structural specifications, consistent with the Uniform Building Code, will be required as part of the submittal for building permits. ■ Butte County Department of Development Services ■ ■ April 10, 2008 ■ Agenda Report — Use Permit 08-0002 Sien■ Page 4 of 23 ■ • A non-exclusive easement, like the one proposed for the guyed wires, does not preclude other uses within the area of the easement. However, the size and configuration of the parcel providing the easement (450 acres) relative to the size of the easement (9/10 of an acre) are such that the two homes permitted in on the parcel (one primary and one secondary) would not be located within the easement area. Use Permit • Sections 24-41 and 24-45 of the Butte County Code establish the requirements for the granting of Use Permits within the County. Section 24-41 establishes the process and requirements for consideration of a Minor Use Permit and Section 24-45 establishes the process and requirements for consideration of a Use Permit. Pursuant to BCC Section 24- 262.5(d) of the County's Wireless Communications Facilities Ordinance, the proposed project would require the issuance of a Minor Use Permit (MUP) as it is proposed to be located within the Timber Mountain zone district. Because the existing tower structure was constructed prior to the adoption of the County's Wireless Communications Facilities Ordinance and associated setback requirements, the existing structure has been determined to be an exiting non -conforming use, and therefore requires a Use permit, rather than a Minor Use Permit. • Section 24-35.20 of the BCC provides for the requirements for the Change or expansion of a nonconforming use. Section 24-35.20 provides "...that any nonconforming use may be changed to another nonconforming use, expanded, enlarged, extended, reconstructed, or structurally altered upon obtaining a use permit from the planning commission. When considering a use permit for a nonconforming use, the planning commission shall grant the use permit when it finds that the change, expansion, enlargement, extension, reconstruction, or structural alteration of such use will not conflict with, impair or be detrimental to the uses both permitted and conditional of the zone in which it is located and/or adjoins. This finding shall be in addition to the findings required by section 24-45.10 of the Butte County zoning ordinance. • Pursuant to section 24-45.15 the planning commission may impose conditions upon the issuance of the use permit which are reasonably related to the use of the property for which the use permit is requested. In addition the planning commission may at its own discretion establish a date for either the termination of the use or review of the use permit. Recommended Findings A. The proposed replacement tower would not conflict with, impair or be detrimental to the uses both permitted and conditional of the zone in which it is located and/or adjoins, based upon the following findings: 1. Visual impacts of the proposed tower are minimal. a. There is very dense tree coverage surrounding the perimeter of the site in all directions which partially obscures the site. b. Other than the existing communication towers on the project parcel and on adjacent parcels, surrounding uses to the project site consist of vacant lands. The closest residence to the site is located approximately 0.25 miles to the southwest. ■ Butte County Department of Development Services ■ ■ April 10, 2008 ■ Agenda Report — Use Permit 08-0002 Siena Page 5 of 23 ■ C. The telecommunications tower will not cause an aesthetic impact because the project site is not located along a County or State scenic highway. d. The applicant has proposed the use of traditional incandescence lighting on the tower, consistent with FCC and FAA regulations, as traditional incandescent lighting minimizes the "strobe" effect of tower lighting at the ground -level due to cloud cover or fog. 2. The proposed tower is structurally safe and consistent with surrounding land uses. a. The tower has been designed consistent with the Uniform Building code. b. The lattice tower is built in sections, so if the tower was to fall, it is designed to collapse within the guyed wire area. C. A non-exclusive easement has been secured for the tower's guyed wires. A non-exclusive easement does not preclude other uses within the area of the easement. However, the size and configuration of the parcel providing the easement (450 acres) relative to the size of the easement (9/10 of an acre) are such that the two homes permitted in on the parcel (one primary and one secondary) would not be located within the easement area. 3. The proposed facility would fully comply with the current FCC Standard with regard to human exposure to nonionizing radiation. An Engineering Statement with Regard to Human Exposure to Nonionizing Radiation was prepared by a registered electrical engineer. 4. The tower is consistent with the permitted and conditionally -permitted uses on surrounding properties, which are zoned TM -5 to the east and south and TM -20 to the west and north, including large lot residential and forestry -related uses. B. The proposed use of the property will not impair the integrity and character of the zone in which the land lies, and the use will not be unreasonably incompatible with, or injurious to, surrounding property, or detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the County because: 1. There are very few residents in the vicinity of the project. The nearest residence is .25 mile from the project. 2. The proposed wireless communications tower will not cause an increase in noise, odors, or vehicle traffic. 3. A radio-frequency analysis, signed by a radio-frequency engineer, states that the proposed facilities would fully comply with the current FCC Standard with regard to human exposure to nonionizing radiation. 4. The Planning Division has circulated the proposed tower replacement application to County agencies and has received responses that indicated there is no evidence that the use, with appropriate conditions, would cause any other relevant planning -related impact. The impacts of this project appear to be minor in general, assuming all conditions are executed. C. The project is consistent with the Butte County General Plan and Butte County Code. The project site is designated as Agricultural Residential by the Land Use Element Map ■ Butte County Department of Development Services ■ ■ April 10, 2008 ■ Agenda Report — Use Permit 08-0002 Sien■ Page 6 of 23 ■ of the General Plan, which allows public/utility uses as secondary uses, including analog/digital television signal providers considered a public/utility because they are regulated by the Federal Communications Commission). D. The proposed use is conditioned to comply with, other than setbacks, each of the applicable provisions for Wireless Communication Facilities of Chapter 24, Section 262, of the Butte County Code. 1. The proposed wireless communications tower will not be within 1,000 feet of a zoning district that prohibits wireless communication facilities. 2. The tower is within one thousand (1,000) feet of other existing facilities, which is permitted under Butte County Code 24-262(g)(14) because visual impacts are negligible. a. Visual impacts of the proposed tower are minimal because there is very dense tree coverage surrounding the perimeter of the site in all directions which partially obscures the site. b. Other than the communication towers on adjacent parcels, surrounding uses to the project site consist of vacant lands. The closest residence to the site is located approximately 0.25 miles to the southwest. C. The telecommunications tower will not cause an aesthetic impact because the project site is not located along a County or State scenic highway. d. The applicant has proposed the use of traditional incandescence lighting on the tower, consistent with FCC and FAA regulations, as traditional incandescent lighting minimizes the "strobe " effect of tower lighting at the ground -level due to cloud cover or fog. LOCAL AGENCY REVIEW • Comments/conditions received from Butte County Departments and other Agencies were reviewed and implemented into the proposed project conditions. ENVIRONMENTAL DOCUMENTATION The initial study prepared for this project determined there would be environmental impacts to the following areas: • Air Quality (dust control during site development activities) • Cultural Resources (possible disturbance of archaeological resources) The initial study, which is attached to this agenda report, recommended two mitigation measures to reduce environmental impacts to a less than significant level. Other impacts were determined to be less than significant. Only a minor amount of construction activity and soil disturbance would be required due to the project. A few trees (pines) may need to be removed for the proposed lattice tower guyed wires. The proposed facility would not have any impacts on the existing well located in the northern portion of the project site. The collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verification from ■ Butte County Department of Development Services ■ ■ April 10, 2008 ■ Agenda Report — Use Permit 08-0002 Siena Page 7 of 23 ■ the California Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not paid for a project, the project will not be operative, vested or final and any local permits issued for the project will be invalid (Section 711.4 (c) (3)). An Initial Study has been prepared for this project by County staff. Staff determined, based on a review of the Initial Study, that project impacts can be fully mitigated. The initial study/mitigated negative declaration was sent to the Governor's. Office of Planning and Research, State Clearinghouse, for a 30 -day review period (SCH #2008032019). Notices regarding the 30 -day review period were mailed to at least 10 landowners within a minimum of 300 feet from the project site, and a notice was placed in the Chico Enterprise Record. PUBLIC COMMENT The county received one letter supporting the proposed project. The letter is included as Attachment I. RECOMMENDATION Staff recommends that the Planning Commission adopt the attached Resolution, adopting a Mitigated Negative Declaration pursuant to CEQA and approving UP 08-0002 for David Sien. ■ Butte County Department of Development Services ■ ■ April 10, 2008 ■ Agenda Report — Use Permit 08-0002 Sien■ Page 8 of 23 ■ TM -5 d� t TM -5 I M-20� 1 TM -5 TM -5 EE3 0 0.030.06 0.09 mi I Project Site and Surrounding Parcels ■ Butte County Department of Development Services ■ ■ April 10, 2008 ■ Agenda Report — Use Permit 08-0002 Sien■ Page 9 of 23 ■ -0�:- - NORTH P.W., 39'57'39.65' N 121 EXISTING TOWERS NORTH ■ Butte County Department of Development Services ■ ■ April 10, 2008 ■ Agenda Report — Use Permit 08-0002 Sien■ Page 11 of 23 ■ A t 0 z LEGEND: r -- - „a..K.....M gym• wm r:T�.o_oTc�01n'> ,cx CATAMOUNT COHASSET SITE I "X1STiwc SITE LAYOUT THE EAC/F/EL•H1A'C CROUP, INC. �+ ,E anti PNOwsL'u 12.50 EAST AVENUE C)/ICO, CA 95926 w �� KHSI. DIGITAL TELEVISION TOWER PLAN REPLACEMENT TOWER (530)899-0409 FA X(530)&99-0943®. "1— i `l_ - i M N W O •t•,�.�.�\'. A v �._� _J , _..1.� �_L"L _'2 �1i>.a�; .e_ . �-� _. ,. v_'� �i\'�\LSc r-u',o"p_ _ r" ^'�.� >` I J I � Nu m vmus'EE rort N: so �� �•� •-�� ;;; .�.� ,., _... NQ=wf[own '. .'ice �`•.� r ,/., �I �� _ %11I163f.1N BNN fY�TRUSiEE FOR MN: a'6 -o)0-0:0 • ��__ e/-Iy� ^ \ � . \'`goo\ ' •.1._,,/�,..;' ; •, n'007 Y C. WOW. R.CE. 61770 .._.___...._ _ _. \ '::%. _:.:. / ^.. / ��-"--• ":d\o. i.G�^, . •.. `�•. ; ' CIA ENGINEERSRW IE ENGINEERING GROUP �����yyy;;;��, 'E'vI, RSiRARfIN'F%PIRnTICN: OR/30/09 pyy6r1 _ \. \ `-;� :. ^ -. • .. ': �r' ,cx CATAMOUNT COHASSET SITE I "X1STiwc SITE LAYOUT THE EAC/F/EL•H1A'C CROUP, INC. �+ ,E anti PNOwsL'u 12.50 EAST AVENUE C)/ICO, CA 95926 w �� KHSI. DIGITAL TELEVISION TOWER PLAN REPLACEMENT TOWER (530)899-0409 FA X(530)&99-0943®. "1— i `l_ - i M N W O RESOLUTION A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING USE PERMIT 08-0002 (David Sien, KHSL-TV.) WHEREAS, the Planning Commission has considered Use Permit 08-0002 to replace an existing 195 -foot communication tower with analog TV transmission with a new 500 -foot digital TV signal transmission tower on Assessor's Parcel Number 056-070-080; and WHEREAS, the Planning Commission has considered an Initial Study and Mitigated Negative Declaration in accordance with the California Environmental Quality Act; and WHEREAS, said Use Permit was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a duly notified public hearing was held on April 10, 2008; and WHEREAS, the Planning Commission has considered public comments, and a report from the Planning Division: NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: I. Adopts a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified significant environmental effects and included mitigation measures that would mitigate such effects below significant levels; a Mitigated Negative Declaration is adopted. B. The Planning Commission has considered the Initial Study and proposed Mitigated Negative Declaration, together with comments received during the review process. C. On the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, there is no substantial evidence that the Use Permit for David Sien, KHSL-TV, Planning Division File No. UP08-0002, would have a significant effect on the environment. D. The proposed Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. E. The Mitigated Negative Declaration includes Mitigation Measures 1 and 2, as detailed in the conditions of approval dated April 10, 2008. F. The custodian of the record is the Department of Development Services. The location of the record is 7 County Center Drive, Oroville CA 95965. ■ Butte County Department of Development Services ■ ■ April 10, 2008 ■ Agenda Report — Use Permit 08-0002 Sien■ Page 13 of 23 ■ RESOLUTION _ A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING USE PERMIT 08-0002 (David Sien, K.HSL-TV.) WHEREAS, the Planning Commission has considered Use Permit 08-0002 to replace an existing 195 -foot communication tower with analog TV transmission with a new 500 -foot digital TV signal transmission tower on Assessor's Parcel Number 056-070-080; and WHEREAS, the Planning Commission has considered an Initial Study and Mitigated Negative Declaration in accordance with the California Environmental Quality Act; and WHEREAS, said Use Permit was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a duly notified public hearing was held on April 10, 2008; and WHEREAS, the Planning Commission has considered public comments, and a report from the Planning Division: NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: I. Adopts a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified significant environmental effects and included mitigation measures that would mitigate such effects below significant levels; a Mitigated Negative Declaration is adopted. B. The Planning Commission has considered the Initial Study and proposed Mitigated Negative Declaration, together with comments received during the review process. C. On the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, there is no substantial evidence that the Use Permit for David Sien, KHSL-TV, Planning Division File No. UP08-0002, would have a significant effect on the environment. D. The proposed Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. E. The Mitigated Negative Declaration includes Mitigation Measures 1 and 2, as detailed in the conditions of approval dated April 10, 2008. F. The custodian of the record is the Department of Development Services. The location of the record is 7 County Center Drive, Oroville CA 95965. ■ Butte County Department of Development Services ■ ■ April 10, 2008 ■ Agenda Report — Use Permit 08-0002 Sien■ Page 13 of 23 . II. Finds that the collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not paid for a project, the project will not be operative, vested or final and any local permits issued for the project will be invalid (Section 711.4 (c) (3)). III. Approves the Use Permit for David Sien, KHSL-TV to replace an existing 195 -foot communication tower with analog TV transmission with a new 500 -foot digital television transmission tower, UP08-0002, on APN 056-070-080, subject to the following findings and the conditions found in Exhibit "A": A. The proposed replacement tower would not conflict with, impair or be detrimental to the uses both permitted and conditional of the zone in which it is located and/or adjoins, based upon the following findings: 1. Visual impacts of the proposed tower are minimal. a. There is very dense tree coverage surrounding the perimeter of the site in all directions which partially obscures the site. b. Other than the existing communication towers on the project parcel and on adjacent parcels, surrounding uses to the project site consist of vacant lands. The closest residence to the site is located approximately 0.25 miles to the southwest. C. The telecommunications tower will not cause an aesthetic impact because the project site is not located along a County or State scenic highway. d. The applicant has proposed the use of traditional incandescence lighting on the tower, consistent with FCC and FAA regulations, as traditional incandescent lighting minimizes the "strobe" effect of tower lighting at the ground -level due to cloud cover or fog. 2. The proposed tower is structurally safe and consistent with surrounding land uses. a. The tower has been designed consistent with the Uniform Building code. b. The lattice tower is built in sections, so if the tower was to fall, it is designed to collapse within the guyed wire area. C. A non-exclusive easement has been secured for the tower's guyed wires. A non-exclusive easement does not preclude other uses within the area of the easement. However, the size and configuration of the parcel providing the easement (450 acres) relative to the size of the easement (9/10 of an acre) are such that the two homes permitted in on the parcel (one primary and one secondary) would not be located within the easement area. ■ Butte County Department of Development Services ■ ■ April 10, 2008 ■ Agenda Report — Use Permit 08-0002 Sien■ Page 14 of 23 ■ 3. The proposed facility would fully comply with the current FCC Standard with regard to human exposure to nonionizing radiation. An Engineering Statement with Regard to Human Exposure to Nonionizing Radiation was prepared by a registered electrical engineer. 4. The tower is consistent with the permitted and conditionally -permitted uses on surrounding properties, which are zoned TM -5 to the east and south and TM -20 to the west and north, including large lot residential and forestry -related uses. B. The proposed use of the property will not impair the integrity and character of the zone in which the land lies, and the use will not be unreasonably incompatible with, or injurious to, surrounding property, or detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the County because: 1. There are very few residents in the vicinity of the project. The nearest residence is .25 mile from the project. 2. The proposed wireless communications tower will not cause an increase in noise, odors, or vehicle traffic. 3. A radio-frequency analysis, signed by a radio-frequency engineer, states that the proposed facilities would fully comply with the current FCC Standard with regard to human exposure to nonionizing radiation. 4. The Planning Division has circulated the proposed tower replacement application to County agencies and has received responses that indicated there is no evidence that the use, with appropriate conditions, would cause any other relevant planning -related impact. The impacts of this project appear to be minor in general, assuming all conditions are executed. C. The project is consistent with the Butte County General Plan and Butte County Code. The project site is designated as Agricultural Residential by the Land Use Element Map of the General Plan, which allows public/utility uses as secondary uses, including analog/digital television signal providers considered a public/utility because they are regulated by the Federal Communications Commission). D. The proposed use is conditioned to comply with, other than setbacks, each of the applicable provisions for Wireless Communication Facilities of Chapter 24, Section 262, of the Butte County Code. 1. The proposed wireless communications tower will not be within 1,000 feet of a zoning district that prohibits wireless communication facilities. 2. The tower is within one thousand (1,000) feet of other existing facilities, which is permitted under Butte County Code 24-262(g)(14) because visual impacts are negligible. a. Visual impacts of the proposed tower are minimal because there is very dense tree coverage surrounding the perimeter of the site in all directions which partially obscures the site. ■ Butte County Department of Development Services ■ ■ April 10, 2008 ■ Agenda Report — Use Permit 08-0002 Sien■ Page 15 of 23 ■ b. Other than the communication towers on adjacent parcels, surrounding uses to the project site consist of vacant lands. The closest residence to the site is located approximately 0.25 miles to the southwest. C. The telecommunications tower will not cause an aesthetic impact because the project site is not located along a County or State scenic highway. d. The applicant has proposed the use of traditional incandescence lighting on the tower, consistent with FCC and FAA regulations, as traditional incandescent lighting minimizes the "strobe " effect of tower lighting at the ground -level due to cloud cover or fog. DULY PASSED AND ADOPTED this 10th day of April, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: HARREL WILSON, Chair Planning Commission County of Butte, State of California ATTEST: TINA BONHAM, Secretary Planning Commission County of Butte, State of California ■ Butte County Department of Development Services ■ . April 10, 2008 ■ Agenda Report — Use Permit 08-0002 Sien. Page 16 of 23 . EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP08-0002 PERMIT NO. 056-070-080 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: David Sien, KHSL-TV is hereby granted a Use Permit for the replacement of an existing 195 -foot communication tower with analog TV transmission with a new 500 -foot digital TV signal transmission tower. 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-45.65. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within two years of the date of approval. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Use Permit has been granted is not established within two years of the receipt of the Permit by the Permittee consistent with conditions of approval herein, the Permit shall become null and void and reapplication pursuant to Section 24-45 (of the Zoning Code) shall be required to establish the use previously granted under the expired Permit unless, 30 days prior to the expiration date, a request for a one year extension is submitted to the Planning Commission together with sufficient evidence that the time limits for processing development permits under federal or state regulations require time limits which exceed one year. Upon application, and for good cause by the Permittee, at a public hearing pursuant to Section 24-45.25 above, the Planning Commission may extend any time limitation previously made a part of any condition to a Use Permit. ■ Butte County Department of Development Services ■ ■ April 10, 2008 ■ Agenda Report — Use Permit 08-0002 Sien■ Page 17 of 23 ■ 5. The terms and conditions of this Permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally omit or misrepresent any material fact in connection with the application. Any alleged material misrepresentation shall constitute grounds for the Director of Development Services to commence a revocation hearing, and, if proven to exist, shall constitute sufficient grounds to revoke a Permit. Conditions of Approval: Planning Division: 1. The Butte County Planning Commission hereby reserves ongoing jurisdiction over this Use Permit. The Commission may, at its own discretion, and following a noticed public hearing, revoke this Use Permit, and/or add additional conditions of approval, or modify existing conditions of approval, upon receipt of written complaints or other evidence of adverse impacts upon surrounding properties or the public health, safety or welfare. 2. Mitigation Measure # 1: The following measures shall apply to all development activities on the project site. Dust generated by the development activities shall be kept to a minimum and retained on-site. Follow the air quality control measures listed below: Control Dust a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e. Haul vehicles transporting soil into or out of the property shall be covered. f. Other measures may be required as determined appropriate by the BCAQMD or Department of Public Works in order to control dust. Post Contact Information g. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). Other Construction Practices h. Maintain all construction equipment in proper tune according to manufacturer's specification. i. Where feasible, give preference to utilizing the following equipment: • Electric equipment ■ Butte County Department of Development Services ■ ■ April 10, 2008 ■ Agenda Report — Use Permit 08-0002 Sien■ Page 18 of 23 ■ • Substitute gasoline -powered for diesel -powered equipment • Alternatively fueled construction equipment on site such as compressed natural gas (CNG), liquid natural gas (LNG), propane, or biodiesel. • Equipment that has Caterpillar pre -chamber diesel engines, as practical. • Diesel construction equipment meeting the CARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. j. Construction workers shall park in designated parking area(s) to help reduce dust emissions." Plan Requirements: This mitigation shall be placed as a condition of the Use Permit, and on all building permit and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Department of Development Services and Department of Public Works shall ensure that this note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. At the time of building permit application, the Development Services Department will reference this note on all building plans and shall spot check and shall ensure compliance on-site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. 3. Mitigation Measure # 2: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "Should grading 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 resources 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 a separate document which is to be recorded concurrently with the map or on an additional map sheet that states and all building and site development plans. Timing: This measure shall be implemented during site preparation and construction. Monitoring: The Department of Development Services shall ensure that this note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and all building and site development plans. The developer shall be responsible for notifying the Department of Development Services and a qualified archaeologist in the event cultural resources are discovered. The Department of Development Services shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. ■ Butte County Department of Development Services ■ ■ April 10, 2008 ■ Agenda Report — Use Permit 08-0002 Siena Page 19 of 23 . 4. 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 J" and date-stamped April 1, 2004, and is incorporated herein by this reference. 5. 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 the tower will withstand sustained winds as required by the Uniform Building Code. 6. No advertising or display shall be permitted on the Facility. 7. The placement of any antenna or structure shall not adversely affect any on-site sewage disposal system or its repair area without written approval from the Division of Environmental Health. 8. The installation of the Facility shall not violate any existing deed restrictions. 9. The Facility shall have a twelve (12) foot wide all-weather access to a publicly maintained road capable of supporting a forty thousand (40,000) pound fire apparatus with fifteen (15) feet of vertical clearance. 10. There shall be no outdoor vehicle or equipment storage except for emergency purposes. 11. The Facility shall fall within current standards and regulations of the FAA, the FCC, and any other State and/or Federal agency with the authority to regulate such Facility. If such standards and regulations are changed, the property owner or responsible party shall bring the Facility into compliance with such revised standards and regulations within ninety (90) days of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling agency. 12. 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. 13. 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 QET 65. 14. Prior to issuance of the 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, ■ Butte County Department of Development Services ■ ■ April 10, 2008 ■ Agenda Report — Use Permit 08-0002 Sien■ Page 20 of 23 ■ 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. 15. 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. 16. Prior to issuance of a building permit for the Facility, the applicant shall obtain a detailed estimate from an appropriate building industry business or contractor for the removal of the Facility, including the proper disposal of all removed materials and the return of site to its original condition. a) A copy of the estimate shall be submitted to the Building Division for review and approval prior to issuance of building permits. b) 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, proper disposal of all removed materials, and return of the site to its original condition in the event that such Facility is abandoned, or if the permit has been terminated for violation of its conditions by the County after hearing, or has expired, and after notice has been given to the owner/operator by the County, no application for renewal has been filed. c) If the Director of Development Services determines that the Facility is abandoned, the applicant may be required to remove all equipment belonging to the applicant from the premises and return the site to its original condition within thirty (30) calendar days of receipt of notice to abate. If such Facility is not removed and the site returned to its original condition within thirty (30) days, the County may remove the Facility at the applicant's and/or landowners joint and several expenses. 17. All ground level support facilities shall be painted and/or screened from view with adequate landscaping appropriate to the surrounding environment. All aesthetic treatments, including landscaping shall be maintained as approved for the life of the facility. 18. 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. 19. 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. ■ Butte County Department of Development Services ■ ■ April 10, 2008 ■ Agenda Report — Use Permit 08-0002 Sien■ Page 21 of 23 ■ 20. The Facility shall be secured at all times to prevent access by the public. 21. All facilities and related equipment, including lighting, fences, shields, cabinets, and poles, shall be maintained in good repair, free from trash, debris, litter and graffiti and other forms of vandalism, and any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. 22. Prior to issuance of any permit on the project site, pay any outstanding project -related processing fees. 23. Applicant must also comply with all other applicable State and local statutes, ordinances, and regulations. Cal Fire/Butte County Fire Department 24. Alterations made to equipment in the existing structure at the base of the tower would have to meet all applicable portions of the 2007 CFC. Building Division 25. A demolition permit is required for the removal of the 195 -foot communication tower. 26. A building permit required for the installation of the 500 -foot digital TV signal transmission replacement tower. Countv Counsel 27. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. ■ Butte County Department of Development Services . . April 10, 2008 ■ Agenda Report — Use Permit 08-0002 Sien■ Page 22 of 23 . I hereby declare under penalty of perjury I have read the foregoing conditions, they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirements of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chair CC: Land Development Division Building Division Butte County Fire Department/CDF Butte County Assessor's Office ■ Butte County Department of Development Services ■ ■ April 10, 2008 ■ Agenda Report — Use Permit 08-0002 Sien■ Page 23 of 23 ■ IVICINITY MAP I Project Location U P08-0002 056-070-080 SEIN (K HSL /• 1 J-1 eef&rR Rd v CHICO r AIRPORT U P08-0002 056-070-080 SEIN (K HSL r DEVELOPMENT SERVICES DEPARTMENT BUTTE COUNTY INITIAL STUDY AND PROPOSED MITIGATED NEGATIVE DECLARATION FOR USE PERMIT 08-0002 (SIEN) Project Name: Sien Use Permit, File # UP08-0002 COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR Use Permit 08-0002 (Sien) 1.0 PROJECT INFORMATION A. Applicant/Owner: Dave Sien; KHSL-TV B. Engineer: The Engineering Group, Inc. C. Staff Contact: Mark Michelena, Senior Planner, (530) 538-7376, mmichelena@buttecounty.net D. Proiect Name: UP08-0002 Sien E. Proiect Location: 10865 Cohasset Road F. Type of Application(s): Use Permit G. Assessor's Parcel Number(s): 056-070-080 H. Project Site Size: 5.06 acres I. Current Zoning: Timber Mountain, 5 -acre minimum (TM -5) J. General Plan Designation: Agricultural Residential (AR) K. Environmental Setting: The project site is a +/- 5 -acre parcel developed with television broadcasting towers and equipment. The site currently contains two (2) communication towers which include a 300 -foot communication tower with analog TV transmission and a 195 -foot communication tower with analog TV transmission, along with various technical support buildings and equipment including portable storage units, generators, propane tank, diesel tank, etc. The site is surrounded by a chain-link/barbed wire fence, which prevents it from being accessed by the public. The project site is located on Cohasset Road, approximately one (1) mile north of Mud Creek Road, at 10895 Cohasset Road. Cohasset Road splits the site, with approximately 65 percent of the site located on the northwest side of the road and 35 percent located on the south site. Only the portion of the site north of the road is currently developed and no development of the south side of the road has been proposed. The site is located in a coniferous forest setting with nearby parcels vacant. There is very dense tree coverage surrounding the perimeter of the site in all directions, but the actual site has been cleared of trees. This area of the Cohasset ridge is home to several TV, radio, and communication towers. In addition to the two towers currently located on the subject parcel, a 600 -foot tower (UP 88-33) and a 400 -foot tower are located northeast of the subject parcel on a parcel designated APN 056-070-076 and two 150 -foot towers (UP 88-62 and UP 93-14) are located east of the subject parcel on a parcel designated APN 056-070-078. KHSL-TV has served the Butte County area since 1953, and the currently -existing tower (UP 88-75) scheduled for replacement was installed in 1988. There are currently no surrounding residences to the site, with the closest residence being located approximately 0.25 miles to the southwest. An existing well is located in the northern portion of the project site. The site is zoned Timber Mountain, 5 -acre minimum (TM -5) and has a General Plan designation of Agricultural Residential (AR). Surrounding parcels to the south and east of the project site are zoned TM -5, and parcels to the north, and west are zoned Timber Mountain, 20 -acre minimum (TM -20). All surrounding parcels have a General Plan designation of AR. ■ Butte County Department of Development Services ■ ■ Initial Study — Si6n UP 08-0002 ■ Page 1 of 26 ■ Project Name: Sien Use Permit, File # UP08-0002 The project site is not listed on the California Department of Toxic Substances Control Hazardous Waste and Substances Site List (Cortese List) and is not near any listed sites or sites known or suspected to contain hazardous materials. L. Surrounding Land Uses: Direction General Plan Designation Zon�in Existing Land Use(s) North Agricultural Residential TM -20 Vacant South Agricultural Residential TM -5 Vacant East Agricultural Residential TM -5 Vacant West Agricultural Residential TM -20 Vacant M. Proiect Description: The project proposes to replace the existing 195 -foot communications tower with analog TV signal with a new 500 -foot digital TV signal transmission tower. The purpose for the replacement tower is to comply with Federal Communication Commission (FCC) requirements to phase out analog television signals and replace with digital signals. On February 1, 2006, Congress passed a law setting the deadline for the transition from analog to digital TV of February 17, 2009. In order to comply with this mandate, KHSL-TV is required to replace all of its broadcasting facilities with more efficient digital technology and equipment. The currently existing tower cannot be retrofitted for digital television. KHSL-TV is proposing to replace the current 195 -foot angle -iron tower constructed in 1988 with a 500 -foot modem guyed tower constructed of solid galvanized steel with a 42 -inch face. The reason for the proposed increase in height is because the transmission properties between analog and digital transmitters vary. In order to achieve the same amount of coverage from a digital broadcast signal that would be achieved from an analog broadcast signal, an increase in tower height would be required. All support equipment for the Digital TV transmission would be installed and located on the site near the proposed replacement tower's location. ). KHSL-TV has secured an easement from the adjoining property to contain the necessary guy wires for the new tower. The new transmitter would operate 24 hours per day and supply two digital television channels to approximately 500,000 viewers throughout the northern Sacramento Valley. In May 2007, the FCC granted KHSL-TV a construction permit to install a tower approximately 500 feet above ground level at 10895 Cohasset Road (FCC file number BPCDT-20070124AKD. N. Public Agency Approvals: Butte County Development Services Department, Butte County Public Works Department, Butte County Environmental Health Division, Federal Aviation Administration, Federal Communications Commission. 2.0 DETERNIINATION [ ] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [X] I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because revisions have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ] I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [ ] I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. [ ] I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. ■ Butte County Department of Development Services ■ ■ Initial Study — Sien UP 08-0002 ■ Page 2 of 26 ■ Project Name: Sien Use Permit, File # UP08-0002 Prepar by: Mark Michd4ena, Senior Planner Revie d by ac y Jolliffe, Principal Planer Date Date 3.0 POTENTIALLY SIGNIFICANT EFFECTS CHECKLIST SETTING A. Environmental Factors Potentially Affected: The environmental factors checked below could be potentially affected by this project; however, with the incorporation of mitigation measures, potentially significant project related impacts are reduced to a "less than significant" level (CEQA Guidelines 15382). [ ] 4.1 Aesthetics [ ] 4.2 Agriculture Resources [X] 4.3 Air Quality [ ] 4.4 Biological Resources [X] 4.5 Cultural Resources [ ] 4.6 Geologic Processes [ ] 4.7 Hazards/Hazardous Material [ ] 4.8 Hydrology/Water Quality [ ] 4.9 Land Use [ ] 4.10 Mineral Resources [ ] 4.11 Noise [ ] 4.12 Housing [ ] 4.13 Public Services [ ] 4.14 Recreation [ ] 4.15 Transportation/Traffic [ ] 4.16 Utilities/Service Systems [ 14.17 Mandatory Findings of Significance 4.0 ENVIRONMENTAL IMPACTS: 4.1 AESTHETICVISUAL RESOURCES: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect on a scenic vista? X b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings X within a state scenic highway? c. Substantially degrade the existing visual character or quality of the site and its surroundings? X d. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the X area? Impact Discussion: Scenic vistas in the project vicinity generally consist of heavily -wooded areas viewable from Cohasset Road. The project proposes to replace the existing 195 -foot communications tower with a new 500 -foot digital TV signal transmission tower on a site of approximately 5 acres. The replacement of a 195 -foot tower with a 500 -foot tower would impact the views of the skyline within the project area. However, the site is located in a coniferous forest setting with nearby parcels vacant. There is very dense tree coverage surrounding the perimeter of the site in all directions. Due to the location of the project site within a heavily wooded area, the site is only visible to the adjacent portion of Cohasset Road and the proposed project would not affect view sheds from residences within the Cohasset area. ■ Butte County Department of Development Services ■ ■ Initial Study — Sien UP 08-0002 ■ Page 3 of 26 ■ Project Name: Sien Use Permit, File # UP08-0002 This area of the Cohasset ridge is home to several TV, radio, and communication towers. In addition to the two towers currently located on the subject parcel, a 600 -foot tower (UP 88-33) and a 400 -foot tower are located northeast of the subject parcel on a parcel designated APN 056-070-076 and two 150 -foot towers (UP 88-62 and UP 93-14) are located east of the subject parcel on a parcel designated APN 056-070-078. The replacement of one tower with another would not substantially alter the character of the area. The sole access to the site is via Cohasset Road. The Butte County General Plan does not designate Cohasset Road as a local scenic corridor, nor is it designated as a scenic State corridor. As required by the Federal Aviation Administration, warning lights will be required to be installed on the tower. Although this will introduce a new source of light to the project area, the lighting will be for safety purposes, and would not significantly affect day or nighttime views in the area. Mitigation Measure: None required. 4.2 AGRICULTURE RESOURCES: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and X Monitoring Program of the California Resources Agency, to non-agricultural use? b. Conflict with existing zoning for agricultural use, or a Williamson Act Contract? X c. Involve other changes in the existing environment which, due to their location or nature, could result in conversion X of Farmland, to non-agricultural use? Impact Discussion: The TM -5 zoning of the project site permits management, raising, harvesting and removal of trees, shrubs, seedlings, flowers, herbs and all food crops for human or animal consumption. The General Plan land use designation of Agricultural Residential (AR) lists agricultural uses as Primary Uses. In June 2007 the Farmland Mapping and Monitoring Program (FMMP) of the California Resources Agency issued the Important Farmlands Map for Butte County identifying Prime Farmland, Farmland of Statewide Importance, Unique Farmland, and Grazing land. This map also identifies approximately 42% of the land in the County as either: Agricultural Land Not Yet Classified, Urban and Built-up Land, Other Land, and Water. This map is based on a soil survey completed in 2006 and 2004 farmlands mapping data. The above referenced map indicates the subject property as "Other Land". This designation is described as: Land which does not meet the criteria of any other category. Typical uses include low density rural development, brush, timber, wetland, and riparian areas not suitable for livestock grazing, confined livestock, poultry, or aquaculture facilities, strip mines, borrow pits, and water bodies smaller than 40 acres. Vacant and nonagricultural land surrounded on all sides by urban development and greater than 40 acres is mapped as "Other Land". As noted previously, the project is located in an area specifically designated by the County for television, radio, and communications towers. The proposed project would not alter the existing land us on the site, as it is proposing to replace on television tower with another. No agricultural resources would be impacted as a result. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ ■ Initial Study — Sien UP 08-0002 ■ Page 4 of 26 ■ Project Name: Sien Use Permit, File # UP08-0002 4.3 AIR QUALITY: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Conflict with or obstruct implementation of the applicable air quality plan? X b. Violate any air quality standard or contribute substantially to an existing or projected air quality violation? X c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air X quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d. Expose sensitive receptors to substantial pollutant concentrations? X e. Create objectionable odors affecting a substantial number of eo le? X Impact Discussion: Both the California Air Resources Board (CARB) and the Environmental Protection Agency (EPA) have established air pollution standards in an effort to protect human health and welfare. Geographic areas are designated "attainment" if these standards are met and "non attainment' if they are not met. In addition, each agency has several levels of classifications based on severity of the problem. Butte County and all northern Sacramento Valley Air Districts have been designated as "moderate" nonattainment areas for the state standards for ozone and fine particulate matter (PM10). Currently, Butte County is in attainment for all the federal (less stringent) air quality standards. Ozone is a criteria pollutant, a pollutant that is known to affect human health above established thresholds, because high concentrations of ozone have been linked to pulmonary and respiratory damage in humans, reduced crop yields, and damage to coniferous forests. Ozone forms as a result of the interaction between atmospheric gases and ultraviolet light. Many of these reactive gases (NOx, SOx, and ROG) are emitted by automobiles, fires, and industrial processes. Suspended particulate matter can have various adverse effects on human health including asthma, emphysema, and lung cancer. Particulate matter is comprised of various organic and inorganic components including soil, vegetation particles, and pesticide residue. Attainment plans focus on particulate matter ten microns or less (Pml0) because the relatively smaller particles are not as readily filtered by the human body as larger particulates. The proposed television tower is not expected to conflict with any applicable air quality plan. Although the tower will utilize diesel -fueled to serve as backup systems in the case of power failure, this project will be fueled primarily by electricity, and all backup generators have already been installed and utilized for the existing tower. Therefore, the impact to air quality resulting from the use of these generators is not expected to change as a result of the replacement tower being installed. The project may create fugitive dust emission during site development activities, such as grading, excavation and other soil work. The Butte County Air Quality Management District (BCAQMD) recommends incorporating measures to control fugitive dust emission for all construction activities during project development, using such methods as site watering and/or use of other acceptable soil palliatives. A mitigation measure is recommended that requires dust control measures shall be taken during site development activities. Imposition of Mitigation Measure #1 will reduce potential air quality impacts of the proposed project to a level of less than significant. The project is not anticipated to expose sensitive receptors to substantial pollutant concentrations, nor would it create objectionable odors affecting a substantial number of people. ■ Butte County Department of Development Services ■ ■ Initial Study — Sien UP 08-0002 ■ Page 5 of 26 ■ Project Name: Sien Use Permit, File # UP08-0002 Mitigation Measure #1: The following measures shall apply to all development activities on the project site. Dust generated by the development activities shall be kept to a minimum and retained on-site. Follow the air quality control measures listed below: Control Dust a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e. Haul vehicles transporting soil into or out of the property shall be covered. f Other measures may be required as determined appropriate by the BCAQMD or Department of Public Works in order to control dust. Post Contact Information g. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). Other Construction Practices h. Maintain all construction equipment in proper tune according to manufacturer's specification. i. Where feasible, give preference to utilizing the following equipment: • Electric equipment • Substitute gasoline -powered for diesel -powered equipment • Alternatively fueled construction equipment on site such as compressed natural gas (CNG), liquid natural gas (LNG), propane, or biodiesel. • Equipment that has Caterpillar pre -chamber diesel engines, as practical. • Diesel construction equipment meeting the CARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. j. Construction workers shall park in designated parking area(s) to help reduce dust emissions." Plan Requirements: This mitigation shall be placed as a condition of the Use Permit, and on all building permit and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Department of Development Services and Department of Public Works shall ensure that this note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. At the time of building permit application, the Development Services Department will reference this note on all building plans and shall spot check and shall ensure compliance on-site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. 4.4 BIOLOGICAL RESOURCES: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Have a substantial adverse effect, either directly or through X ■ Butte County Department of Development Services ■ ■ Initial Study — Sien UP 08-0002 ■ Page 6 of 26 ■ Project Name: Sien Use Permit, File # UP08-0002 Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California X Department of Fish and Game or U.S. Fish and Wildlife Service? c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 or the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, X etc.) through direct removal, filling, hydrological interruption, or other means)? d. Interfere substantially with the movement of any native resident or migratory fish and wildlife species or with established native resident or migratory wildlife corridors, X or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy X ordinance? L Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat X conservationplan? g. A reduction in the numbers, a restriction in the range, or an impact to the critical habitat of any unique, rare, threatened, X or endangered species of animals? h. A reduction in the diversity or numbers of animals onsite (including mammals, birds, reptiles, amphibians, fish or X invertebrates)? i. A deterioration of existing fish or wildlife habitat (for foraging, breeding, roosting, nesting, etc.)? X j. Introduction of barriers to movement of any resident or migratory fish or wildlife species? X k. Introduction of any factors (light, fencing, noise, human presence and/or domestic animals) which could hinder the X normal activities of wildlife? Impact Discussion: The project site is situated on Cohasset ridge, a predominantly wooded area in northwestern Butte County. This area of the Cohasset ridge is home to several TV, radio, and communication towers. In addition to the two towers currently located on the subject parcel, a 600 -foot tower (UP 88-33) and a 400 -foot tower are located northeast of the subject parcel on a parcel designated APN 056-070-076 and two 150 -foot towers (UP 88-62 and UP 93-14) are located east of the subject parcel on a parcel designated APN 056-070-078. Vegetation surrounding the site consists of trees, shrubs, and grasses typical of a pine forest. The site itself has been cleared of trees in conjunction with its current use for two communication towers and related equipment. The project is ■ Butte County Department of Development Services ■ ■ Initial Study — Sien UP 08-0002 ■ Page 7 of 26 ■ Project Name: Sien Use Permit, File # UP08-0002 proposing to replace one existing television tower with another television tower, and the site would maintain its existing biological character. The project would not conflict with any local policies or ordinances protecting biological resources, nor would it conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, other approved local, regional, or state habitat conservation plan. No sensitive habitats, including riparian and wetlands, have been identified on the project site. The subject site is currently completely fenced with a combination of chain-link and barbed-wire. As a result, no animals are currently able to move through the area. No change to the fencing would occur as a result of the proposed project. Based upon the information provided, no new fencing, non -construction related human presence, noise, or lighting would occur as a result of the project which could hinder the normal activities of wildlife within the project area. Mitigation Measure: None required. 4.5 CULTURAL RESOURCES: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? X b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? X c. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X d. Disturb any human remains, including those interred outside of formal cemeteries? X Impact Discussion: Cultural resources include prehistoric and historic period archaeological sites; historical features, such as rock walls, water ditches and flumes, and cemeteries; and architectural features. Cultural resources consist of any human -made site, object (i.e., artifact), or feature that defines and illuminates our past. Often such sites are found in foothill areas, areas with high bluffs, rock outcroppings, areas overlooking deer migratory corridors, or near bodies of water. The project site does not contain any of these characteristics. The project site does not contain any rock outcroppings that could have been utilized for shelter or rock mortar milling stations or any drainages that would have provided a food or water source. Although the site has been previously -developed and has been utilized for television broadcasting since 1956, installation of a taller tower could uncover and disturb cultural resources that lie below the surface of the ground. While no underground expedition activity is anticipated, to protect cultural resources that may be located on the project site a mitigation measure is recommended that requires all development activity on the site halt and the County and a qualified archaeologist be notified in the event any cultural resources are encountered during the course of development activities. Mitigation Measure #2: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "Should grading 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 resources and implement appropriate mitigation procedures. Should human skeletal ■ Butte County Department of Development Services ■ ■ Initial Study — Sien UP 08-0002 ■ Page 8 of 26 ■ Project Name: Sien Use Permit, File # UP08-0002 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 a separate document which is to be recorded concurrently with the map or on an additional map sheet that states and all building and site development plans. Timing: This measure shall be implemented during site preparation and construction. Monitoring: The Department of Development Services shall ensure that this note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and all building and site development plans. The developer shall be responsible for notifying the Department of Development Services and a qualified archaeologist in the event cultural resources are discovered. The Department of Development Services shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 4.6 GEOLOGIC PROCESSES: Would the proposal: Potentially Significant Less Than Significant Less Than Significant No Impact Reviewed Under Impact with Impact Previous Mitigation Document Incorporated a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault X Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 2. Strong seismic ground shaking? X 3. Seismic -related ground failure, including liquefaction? X 4. Landslides? X b. Result in substantial soil erosion or the loss of topsoil? X c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral X spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial X risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal or waste X water? Impact Discussion: The Seismic Safety Element of the Butte County General Plan indicates that all of Butte County is in the Moderate Earthquake Intensity Zone VIII. The site is not within an Alquist-Priolo Earthquake fault zone; however, the majority of the site is within an after shock epicenter region (Butte County GIS Epicenter Regions theme). The only known active fault in Butte County is the Cleveland Hill fault zone, located approximately 40 miles to the southwest of the project site, where activity on August 1, 1975, resulted in the Oroville earthquake. This earthquake had a ■ Butte County Department of Development Services ■ ■ Initial Study — Sien UP 08-0002 ■ Page 9 of 26 ■ Project Name: Sien Use Permit, File # UP08-0002 Richter magnitude of 5.7 and resulted in approximately 2.2 miles of ground rupture along the western flank of Cleveland Hill. Like most of central California, the site can be expected to be subjected to seismic ground shaking at some future time. Accordingly, the proposed TV tower would be designed and installed in accordance with all building and seismic code requirements. As the project appears to be located such that the probability of significant ground shaking is low, and because the project does not propose the addition of significant structures that would be at risk to seismic activity, potential geologic impacts would be less than significant. Liquefaction is a phenomenon where loose, saturated, granular soils lose their inherent shear strength due to excess water pressure that builds up during repeated movement from seismic activity. Factors that contribute to the potential for liquefaction include a low relative density of granular materials, a shallow groundwater table, and a long duration and high acceleration of seismic shaking. Liquefaction usually results in horizontal and vertical movements from lateral spreading of liquefied materials and post -earthquake settlement of liquefied materials. Liquefaction potential is greatest where the groundwater level is shallow, and submerged loose, fine sands occur within a depth of approximately 50 feet or less. The Butte County Seismic Safety Element's Liquefaction Potential Map (Figure SS -2 of the General Plan) indicates that the site has a generally low potential for liquefaction. Therefore, the impact would be less than significant. The Subsidence and Landslide Potential Map of the Safety Element of the Butte County General Plan (Figure S-1 of the General Plan) indicates that there is a low to no potential for landslides in this area. The site is covered by trees and shrubs which stabilize soils and reduce the potential for landslides. There is a moderate to high potential for soil erosion on the project site according to Figure S-2, Erosion Potential Map of the Safety Element of the County General Plan. Elevation of the project site ranges from 3,530 feet to 3,545 feet above sea level. Large amounts of grading and other soil disturbance, which have the potential to create significant amounts of soil erosion, would not be expected as a result of the project due to the fact that the replacement of a TV tower would not involve significant amounts of grading or other soil disturbances. The Erosion Potential Map of the Safety Element of the Butte County General Plan indicates that there is slight to no erosion potential at this site. Due to the limited amount of grading that would be needed, the lack of any significant slopes on the site, and due to the soil type, the project would not result in significant soil erosion impacts. However, the CEIR for the NCSP indicates that implementation of the NCSP will increase erosion and sediment transport into vicinity creeks and drainages, if proper erosion control measures are not implemented. The NCSP contains policies (Policy 7.2) concerning grading and erosion control. The requirements from this policy that are applicable to this project are set forth below as project mitigation measures. Mitigation Measure: None required. 4.7 HAZARDS AND HAZARDOUS MATERIALS Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Create a significant hazard to the public or the environmental through the routine transport use, or disposal X of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into X the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- X quarter mile of an existing or proposed schools? ■ Butte County Department of Development Services ■ ■ Initial Study — Sien UP 08-0002 ■ Page 10 of 26 ■ Project Name: Sien Use Permit, File # UP08-0002 Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated d. Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a X significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project X result in a safety hazard for people residing or working in the project area? L For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or X working in the project area? g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation X plan? h. Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where X residences are intermixed with wildlands? Impact Discussion: One propane -fueled back-up generator and one diesel -fueled back-up are currently located on the site for use in the case of power failure. Additionally, the site contain has a propane storage facility and a diesel storage facility to power the generators. The delivery of propane is regulated by the State of California through it transport, delivery, and use. Additionally, the accessory structures which house the electric equipment are not expected to be replaced, nor are they expected to create any significant hazards to the public. Replacing an existing 195 -foot tower with a 500 -foot tower would potentially impact a greater area in the event of structural failure resulting in the tower falling. However, there are no structures located within 500 feet of the project site other than the accessory structures located within the project area. The closest structure to the site is located approximately 1,300 feet to the southwest of the project site. If the tower were to fall, potential impacts to the surrounding areas would be to power lines and/or to Cohasset Road if the tower were to fall to the south. If the tower was to fall, it is designed to collapse within the guyed wire area. Structural specifications will be required as part of the submittal for building permits. With the required structural review and that no residential dwelling s are within the height of the tower, the impacts from the collapse of the tower would not be considered significant. According to the Engineering Statement with Regard to Human Exposure to Non -Ionizing Radiation, which was prepared by Carl E. Smith Consulting Services August 8, 2007, the proposed installation of this tower would fully comply with the current FCC Standards with regard to human exposure to non -ionizing radiation. Additionally, KHSL-TV, in conjunction with other co -located and nearby facilities, would also take appropriate steps to ensure that workers who are required to climb the tower would not be exposed to power density levels that are in excess of the permitted level for controlled exposure. These steps would include a reduction in power or the cessation of operation by any or all stations, as appropriate, at any time that workers must be on the tower in any areas where the total power density levels exceed the permitted level for controlled exposure. The project site is not listed on the California Department of Toxic Substances Control Hazardous Waste and Substances Site List (Cortese List) and is not near any listed sites or sites known or suspected to contain hazardous materials. A review of regulatory agency databases, which included lists of hazardous materials sites compiled pursuant to California Government Code Section 65962.5, did not identify any sites at or adjacent to the project site that have used, stored, disposed of, or released hazardous materials. ■ Butte County Department of Development Services ■ ■ Initial Study — Sien UP 08-0002 ■ Page 11 of 26 ■ Project Name: Sien Use Permit, File # UP08-0002 The only other potentially hazardous materials that would be used during project construction would be motor vehicle fuels and oils that would present a minor hazard, and only if spillage occurs. However, use of these materials would cease once project construction is completed. The project site is located approximately 15 miles northeast of the nearest runway at the Chico Municipal Airport. Exhibit 5I (Compatibility Factors Map) of the Butte County Airport Land Use Compatibility Plan (December 20, 2000) shows that the project site is not within an Airport Compatibility Zone. This facility must be licensed and approved by the Federal Aviation Administration relative to its potential obstruction to aeronautical activities. This tower will be required to meet all FAA requirements. The applicant has submitted as part of their application their Federal Communications Commission Antenna Structure Registration. The project would not interfere with an adopted emergency response plan or emergency evacuation plan. No impact would occur. Because no residential structures have been proposed, no people would be exposed to injury or death involving wildland fires. Mitigation Measure: None required. 4.8 HYDROLOGY AND WATER QUALITY: ■ Butte County Department of Development Services ■ ■ Initial Study — Sien UP 08-0002 ■ Page 12 of 26 ■ Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Violate any water quality standards or waste discharge requirements? X b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of X preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in X substantial erosion or siltation on- or off-site? d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount X of surface runoff in a manner which would result in flooding on- or off-site? e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted X runoff? f. Otherwise substantially degrade water quality? X g. Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood X Insurance Rate Map or other flood hazard delineation map? h. Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? X i. Expose people or structures to a significant risk or loss, injury, or death involving flooding, including flooding as a X result of the failure of a levee or dam? ■ Butte County Department of Development Services ■ ■ Initial Study — Sien UP 08-0002 ■ Page 12 of 26 ■ Project Name: Sien Use Permit, File # UP08-0002 Impact Discussion: The proposed project is a request to install a 500 -foot television signal transmission tower and associated electrical equipment. Although there is an existing well located in the northern portion of the site, the proposed project is not anticipated to have any significant impact on groundwater because the project is not expected to alter existing drainage patterns within the area, create hazardous discharges, or alter the ground water in any way. The project would not violate any water quality standards of waste discharge requirements. Due to the small size of the project, the amount of runoff water created would not be significant. The project site is not located within a 100 -year floodplain. There are no levees or dams within the area. The site is located a significant distance from any major bodies of water and there is therefore no potential for seiche or tsunami activity. Mitigation Measure: None required. 4.9 LAND USE: Would the Potentially Less Than Less Than No Reviewed Would the proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated j. Inundation by seiche, tsunami, or mudflow? I I X Impact Discussion: The proposed project is a request to install a 500 -foot television signal transmission tower and associated electrical equipment. Although there is an existing well located in the northern portion of the site, the proposed project is not anticipated to have any significant impact on groundwater because the project is not expected to alter existing drainage patterns within the area, create hazardous discharges, or alter the ground water in any way. The project would not violate any water quality standards of waste discharge requirements. Due to the small size of the project, the amount of runoff water created would not be significant. The project site is not located within a 100 -year floodplain. There are no levees or dams within the area. The site is located a significant distance from any major bodies of water and there is therefore no potential for seiche or tsunami activity. Mitigation Measure: None required. 4.9 LAND USE: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Physically divide an established community? X b. Conflict with an applicable land use plan, policy, or regulations of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, X local coastal program, or zoning ordinance) adopted for the urpose of avoiding or mitigating an environmental effect? C. Conflict with any applicable habitat conservation plan or natural community conservationplan? X Impact Discussion: The proposed television tower is located on a 5.06 acre parcel which has been previously developed with two communication towers of this type; one at 300 feet and one at 195 feet (to be replaced by proposed 500 foot tower). The existing 195 -foot communications tower proposed to be removed and related structures were originally approved by Butte County pursuant to the issuance of a Minor Use Permit (MUP 88-75). Butte County Code Section 24-191, Wireless Communications Facilities in TM 1 through TM -160 (Timber Mountain) Zones, permits such facilities to be approved pursuant to the requirements of Section 24-262 (d), Wireless communications facilities in the TM -5 zone district. This area of the Cohasset ridge is home to several TV, radio, and communication towers. In addition to the two towers currently located on the subject parcel, a 600 -foot tower (UP 88-33) and a.400 -foot tower are located northeast of the subject parcel on a parcel designated APN 056-070-076 and two 150 -foot towers (UP 88-62 and UP 93-14) are located east of the subject parcel on a parcel designated APN 056-070-078. KHSL-TV has served the Butte County area since 1953 with the existing 300 -foot tower, and the currently -existing tower (UP 88-75) scheduled for replacement was installed in 1988 on the project parcel. Located further north on Cohasset Road are four additional communication towers. Two towers, one at 400 feet and one at 600 feet (UP 88-33) are located on APN 056-070-079, approximately 1,500 feet to the north. The other two towers are located on APN 056- ■ Butte County Department of Development Services ■ ■ Initial Study — Sien UP 08-0002 ■ Page 13 of 26 ■ Project Name: Sien Use Permit, File # UP08-0002 070-078, approximately 900 feet to the north. The other surrounding parcels are currently undeveloped. The construction of the proposed tower would not physically divide an established community. The proposed project is requesting an approval necessary to replace a shorter non -conforming tower (due to setbacks) with a taller tower thereby increasing the conditions of non -conformity on the site. Section 24-35.20, Change or expansion of nonconforming use, permits such a request and allows that "any nonconforming use a my be changed to another nonconforming use, expanded, enlarged, extended, reconstructed, or structurally altered upon obtaining a use permit from the planning commission." As a result of this provision and upon issuance of Use Permit by the Planning Commission, the proposed project will not conflict with an applicable land use plan, policy, or regulation as the Butte County Code specifically allows for the expansion of an existing non -conforming use upon the issuance of a Use Permit by the Planning Commission. The proposed project would not conflict with any adopted Habitat Conservation Plan, Natural Community Conservation Plan or other approved conservation plan. There are no plans that would be applicable to the proposed project. Mitigation Measure: None required. 4.10 MINERAL RESOURCES: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Result in the loss of availability of a known mineral resource that would be of value to the region and the X residents of the state? b. Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general X plan, specific plan, or other land useplan? X Impact Discussion: No mining operations have occurred on the project site or in the project area. The California Geological Survey (CGS) has not classified the project site as being located in a Mineral Resource Zone (MRZ). The proposed project would not use or extract any mineral or energy resources and would not restrict access to known mineral resource areas. Therefore, the project would have no impact on mineral resources. Mitigation Measure: None required. 4.11 NOISE: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or X noise ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of excessive ground bome vibration or ground bome noise levels? X c. A substantial permanent increase in ambient noise levels in X ■ Butte County Department of Development Services ■ ■ Initial Study — Sien UP 08-0002 ■ Page 14 of 26 ■ Project Name: Sien Use Permit, File # UP08-0002 Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated the project vicinity above levels existing without the project? d. A substantial temporary or periodic increase in ambient X noise levels in the project vicinity above levels existing X without theproject? e. For a project located within an airport land use plan or, X where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project X expose people residing or working in the project area to X excessive noise levels? f. For a project within the vicinity of a private airstrip, would the project expose people residing or working in X the project area to excessive noise levels? Impact Discussion: The project would not generate substantial noise or vibration in excess of standards established in the local General Plan or Ordinance. Construction activities associated with the project may cause a temporary increase in noise levels in the vicinity. However, these noise levels would be temporary and would cease once construction activities end. In addition, there are no known sensitive receptors in the project area. The project site is not located within the vicinity of a public airport, public land use airport, or private airstrip. Mitigation Measure: None required. 4.12 HOUSING: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of X roads or other infrastructure? b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing X elsewhere? c. Displace substantial numbers of people, necessitating the construction of replacement housingelsewhere? X Impact Discussion: The proposed television tower would not induce substantial population growth, nor would the tower displace any existing housing or people. No impact is expected. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ ■ Initial Study — Sien UP 08-0002 ■ Page 15 of 26 ■ Project Name: Sien Use Permit, File # UP08-0002 4.13 PUBLIC SERVICES: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically X altered governmental facilities, the construction'of which X could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other X performance objectives for any of the public services? b. Fireprotection? X c. Police Protection? X d. Schools? X e. Parks? X L Other public services? X Impact Discussion: The proposed television tower would not induce or directly result in substantial population growth, and therefore would not increase the need for police and fire protection, nor would it impact schools and parklands within the area. As a result, no impacts to public services will occur as a result of the project. There would be no increase in non -TV tower related facilities or employees as a result of this project and no increase in demand for public services. Mitigation Measure: None required. 4.14 RECREATION: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be X accelerated? b. Include recreational facilities or require the construction or expansion of recreational facilities which might have an X adverse physical effect on the environment? Impact Discussion: There are no existing recreational facilities on the project site and the proposed television tower would not require the construction or expansion of recreational facilities. Therefore, no impact is expected to recreational facilities as a result of this project. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ ■ Initial Study — Sien UP 08-0002 ■ Page 16 of 26 ■ Project Name: Sien Use Permit, File # UP08-0002 4.15 TRANSPORTATION/TRAFFIC: Would the Potentially Less Than Less Than No Reviewed proposal: significant significant significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of X vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion X management agency for designated roads or highways? c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results X in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible X uses (e.g., farm equipment)? e. Result in safety issues for pedestrian and/or vehicle safety? X L Result in inadequate emergency access? X g. Result in inadequate parking capacity? X h. Conflict with accepted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, X bicycle racks)? Impact Discussion: Access to the project site would be from Cohasset Road, which is a rural two-lane road which serves as a primary arterial. Cohasset Road bisects the site, with approximately 65 percent of the site located on the north side of the road and 35 percent located on the south site. Only the portion of the site north of the road has been currently developed and no development of the south side of the road has been proposed. Although the majority of Cohasset Road consists of a paved roadway, the paved roadway ends and Cohasset Road transitions into a dirt road approximately one-half mile southwest of the project site. Because the only visitation to the site would be for routine maintenance tests, the project would not result in any substantial increase in traffic. Direct access to the site is provided by a dirt driveway off of Cohasset Road which leads to a locked gate. All parking is accommodated on-site within the fenced area. The proposed project is located approximately 15 miles northeast of the Chico Municipal Airport and would not result in a change in air traffic levels or in air traffic safety. The project would not result in the construction of any additional roads, nor would the project result in inadequate emergency access or require any additional parking capacity. The project also would not adversely affect any alternative transportation plan. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ ■ Initial Study — Sien UP 08-0002 ■ Page 17 of 26 ■ Project Name: Sien Use Permit, File # UP08-0002 4.16 UTILITIES AND SERVICE SYSTEMS: Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant X environmental effects? c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant X environmental effects? d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are X new or expanded entitlements needed? e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand X in addition to theprovider's existing commitments? L Be served by a landfill with sufficient permitted capacity to accommodate theproject's solid waste disposal X g. Comply with federal, state, and local statutes, and nt 11 regulations related to solid waste? X Impact Discussion: Primary power to the site is handled via overhead power lines running along Cohasset Road. The site has backup power provided by propane -fueled and diesel -fueled generators. The site contains an existing well in the northern portion of the site. However, the installation of a television tower will have no impact on the well. There are no disposal systems located on the site and none have been proposed as part of the project. As the construction of a television tower would not require additional water, drainage, waste disposal, electric or landfill facilities, the proposed project would not impact any utility or service systems. No impact is therefore anticipated. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ ■ Initial Study — Sien UP 08-0002 ■ Page 18 of 26 ■ Project Name: Sien Use Permit, File # UP08-0002 4.17 MANDATORY FINDINGS OF SIGNIFICANCE (Section 15065): Would the Potentially Less Than Less Than No Reviewed proposal: Significant Significant Significant Impact Under Impact with Impact Previous Mitigation Document Incorporated a. Have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a X plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with X the effects of past projects, the effects of other current projects and the effects of probable future projects)? c. Does the project have environmental effects which will cause substantial adverse effects on human beings, either X directly or indirectly? With the implementation of the recommended mitigation measures, the project would not have the potential to substantially degrade the quality of the environment beyond the impacts discussed in the previous sections of this Initial Study. The project has the potential to contribute impacts that are individually limited, but cumulatively considerable with respect to Initial Study Checklist Items 4.3 — Air Quality and 4.5 — Cultural Resources. Cumulative impacts to this area would be mitigated due to the inclusion of the mitigation measures included in the section and summarized in the following section. 5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS: Mitigation Measure #1: The following measures shall apply to all development activities on the project site. Dust generated by the development activities shall be kept to a minimum and retained on-site. Follow the air quality control measures listed below: Control Dust a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e. Haul vehicles transporting soil into or out of the property shall be covered. f Other measures may be required as determined appropriate by the BCAQMD or Department of Public Works in order to control dust. ■ Butte County Department of Development Services ■ ■ Initial Study — Sien UP 08-0002 ■ Page 19 of 26 ■ Project Name: Sien Use Permit, File # UP08-0002 Post Contact Information g. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). Other Construction Practices h. Maintain all construction equipment in proper tune according to manufacturer's specification. i. Where feasible, give preference to utilizing the following equipment: • Electric equipment • Substitute gasoline -powered for diesel -powered equipment • Alternatively fueled construction equipment on site such as compressed natural gas (CNG), liquid natural gas (LNG), propane, or biodiesel. • Equipment that has Caterpillar pre -chamber diesel engines, as practical. • Diesel construction equipment meeting the CARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. j. Construction workers shall park in designated parking area(s) to help reduce dust emissions." Plan Requirements: This mitigation shall be placed as a condition of the Use Permit, and on all building permit and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Department of Development Services and Department of Public Works shall ensure that this note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet. At the time of building permit application, the Development Services Department will reference this note on all building plans and shall spot check and shall ensure compliance on-site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. Mitigation Measure #2: Place a note on a separate document which is to be recorded concurrently with the map or on an additional map sheet that states: "Should grading 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 resources 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 a separate document which is to be recorded concurrently with the map or on an additional map sheet that states and all building and site development plans. Timing: This measure shall be implemented during site preparation and construction Monitoring: The Department of Development Services shall ensure that this note is placed on a separate document which is to be recorded concurrently with the map or on an additional map sheet and all building and site development plans. The developer shall be responsible for notifying the Department of Development Services and a qualified archaeologist in the event cultural resources are discovered. The Department of Development Services shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. ■ Butte County Department of Development Services ■ ■ Initial Study — Sien UP 08-0002 ■ Page 20 of 26 ■ Project Name: Sien Use Permit, File # UP08-0002 6.0 ENVIRONMENTAL REFERENCE MATERIAL: 1. Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element Oroville, CA: CH2M Hill, 1977. 2. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 3. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1, Safety Element. Oroville, CA CH2M Hill, 1977. 4. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville, CA: CH2M Hill, 1977. 5. Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M Hill, 1977. 6. Butte County Planning Department. Noise Element Map IV -1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 7. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Map. Oroville, CA: James P. Manning, 1983. 10. California State Water Resources Control Board. 2007. Geotracker - Leaking Underground Storage Tanks. http://www/geotracker.swrcb.ca.gov/ 11. California Air Resources Board. 2006. Title V Federal Operating Permits Program Engineering Evaluation of Applicable Federal Requirements. Sacramento, CA. 12. Federal Emergency Management Agency. June, 1998. Flood Insurance Rate Map 06007C0825C. 13. USDA, Natural Resources Conservation Service. 2007. Web Soil Survey. http://websoilsurvey.nrcs.usda.gov/app/websoilsurvey.aspx 14. California Department of Conservation. 2004. Butte County Important Farmland Map. Sacramento, CA. 15. California Natural Diversity Database (CNDDB) accessed through Rarefind 2, Government Version, Jan - 02 -2003. 16. U.S. Department of Agriculture: National Resource Conservation Service. Soil Survey of Butte Area California, Parts of Butte and Plumas Counties. 17. Carle E. Smith Consulting Engineers. Engineering Statement with Regard to Human Exposure to Non - Ionizing Radiation. August 8, 2007. 18. Federal Communications Commission Antenna Structure Registration - Number 1258123; Issued April 4, 2007. ■ Butte County Department of Development Services ■ ■ Initial Study - Sien UP 08-0002 ■ Page 21 of 26 ■ ' 11rojat Name: Sicn Vic Pcamit Fik 0 UPOR•0002 7.0 CONSULTED AGENCIES: (Xj Environmental Health (Xj Public Works [ ] SCAG (j ALOC ( J Air Qual.. Manageinent Dist. [ j City of Chico ( j City of Gridley ( j City of Oroville (Xj CA Department of Forestry [ j Cal7rans (Traffic) ( ] Department ofConservation (XI CA Dept. of Fish and Owne [ ] Army Corps of Engineers [ j US Fish & Wldlife Service [ j Bttttc Co Farm Bureau [ ] Oroville Union School Dist ( j El Mcdio Firc Dept. [ ] SFWPA ( J PG&E (j Pacific Bell [ ( Oroville Elem_ School Dist. [XI County Assessor [ ] Dept of Water Resources [Xj Beale Air Force Base [X] Building Manager [X] LAECo ( j City of Biggs ( j Town of Paradise [ j Central Reg Wnter Quality ( ] ilighway Patrol [XJ Agricultural Commissioner ( j Feather River Rec. Dist (xi Cal Trans Acronneutical Division [ j SBC ( J Thennotito Union Sclt_ Dist. 8.0 PROXEC'T SPONSOR(S) INCORPORATION OF MITIGATION INTO PROPOSED PROJECT: 1/We have reviewed the Initial Study for the Sien Use Permit UP08••0002 (APN 056-070-080) application and particularly the mitigation measures identified herein 1/We hereby modify the application on file vWth the Butte County Planning Department to include and incorporate all mitigations set forth in this Initial Study. y 8 Project onsor/P Nett A nt Date Pr 'cc /P ojec ge Date a Buttc County Department of Development Services es e Initial Study — Sien UP 06-0002 e Page 22 of 26 Toa T56'01,1 90£2dd0VTc8£9 F 01 ISHN zS:OT 800i'-/90/20 Project Name: Sien Use Permit, File.# UP08-0002 VICINITY MAP NORTH ■ Butte County Department of Development Services ■ ■ Initial Study — Sien UP 08-0002 ■ Page 23 of 26 ■ Project Name: Sien Use Permit, File # UP08-0002 TM -51 TM -5 d M-20 TM -5 TM -5 , 1 TM -5 0 0.030.06 0.09 mi 4 Project Site and Surrounding Parcels - —a NORTH ■ Butte County Department of Development Services ■ Er Initial Study — Sien UP 08-0002 ■ Page 24 of 26 ■ Pulnlvi 39'57'39.65" N ,121 Project Name: Sien Use Permit, File # UP08-0002 EXISTING TOWERS -a NORTH Butte County Department of Development Services i Initial Study — Sien UP 08-0002 ■ Page 26 of 26 ■ ENGINEERING STATEMENT WITH REGARD TO HUMAN EXPOSURE TO NCNIONIZING RADIATION KNS.-DT - CHICC, CA Catamount Broadcasting of Chico -Redding, Inc. Chic. o, CA August 8, 2007 N ° BUTTE '= COUNTY AUG 2 12007 DEVELOPMENT SERVICES Prepared for: Mr. Dave Sien Catamount Broadcasting of Chico -Redding, Inc. 3460 Silverbell Rd. Chico, CA 95973 CARL E. SMITH CONSULTING ENGINEERS MAN. CLEVE-MASS AD, SOX 807 33flfeW-"40 FAX: _V0fa59.0,M4 BATH, OH(0 44210-0807 9NG(N;E&NIG AFFIDAVIT St taa df -Ohio. 3 ss: County of Summit Roy P. Stype, 191, being duly sworn, deposes and states that he is a graduate Elec- trical Engineer, a qualified and experienced Conununicaflons Consulting Engineer wcics .are a matter of record with the Federal Communications Commission and that he is a member of the Firm of "Carl E. Smith Consulting Engineers" located at 2324 North Cleveland -Massillon Road in the Township of Bath, County of Summit, State of Ohio, and that the Firm has been retained by Catamount Broadcasting of Chico - Redding, Inc. to prepare the attached ."Engineering Statement with Regard to Human Exposure to Nonionizing Radiation - l(HSL-DT - Chico, CA" The deponent states that the Exhibit was prepared by him or under his direction and is true of his own knowledge, except as to statements made on information and belief and as to such statements, he believes thecae to be true. Subscribed and sworn to before me on August 8, 2007. Notary Public PYA � 9�ik: ISEAU CARL E, SMITH Com-suvrit4io ENGI MRS ENGINEERING STATEMENT The proposed KHSL-DT facilities will fully bomply with the current FCC Standard with regard to human exposure to nonionizing radiation. The proposed facilities will operate with a maximum effective radiated power of 235 kilowatts using a Jarnpro JAIMS-15 SNBP horizontally polarized directional antenna mounted with its center of radiation located 147.8 meters above ground level on a proposed new 152..4 meter Equation (2), found on Page 30 of Supplement A to FCC ©ET Bulletin 65, details the calculation technique used to determine the power density at the base of a. TV broadcast tower. In this case, however, it is necessary to substitute the proposed ever - age ITV effective radiated peer (235 kilowatts) for the expression [0.4ERP v + ERP j in this equation to compensate for the fact that DTV power levels are expressed in terms of average power, rather than peak power, as is the case for the visual portion of an analog TV signal. Utilizing the vertical radiation pattern data for the proposed an- tanna. which was supplied by the antenna manufacturer and is shown in Table 1.0 and Figure 1. 0, in conjunction with this equation yields a predicted a worst case power den- sity at two meters above ground level of 4.10 pWlca-? from the proposed facilities, *r3�ich will occur at a depression angle of 80. Since the maximum permitted power density for uncontrolled exposure on TV Channel 43 is 420.3 lM r?, this amounts to only 0.9o^0fo of the permitted level for uncontrolled exposure. Since this value is less than 5% of the permitted level, the proposed KHSL-UT facilities are excluded from en- vironmental processing under this FCC Standard and need not be considered in con- junction with other co4ocated and nearby facilities -to establish uncontrolled exposure CARL E S141T I CONSULTING ENGINEERS compliance with this standard, KHSL-DT, in conjunction with -other co -located and nearby facilities, will also take a pp . tdoria td seeps to insure that workers who must climb this tower will not be exposed to power density levels that are in excess of the permitted level for controlled exposure, These steps will include a reduction in power or the cessation of operation by any or all .stations, as appropriate, at any time that workers must be on this tower in any area total power density levels exceed the permitted level for controlled exposure. . CARL E. SMITH CONSIALY(NG 1E,40INEZ$ts 11A A�Afflllmlb W04A#WT&ECA i lNF-7 ANTS N ING. 6340 Sky Creek Drive Telephone (916) 383-1177 Sacramento, California 95828 USA Fax (916) 383-1182 ElevationPattern Tabulation ELEVATION RELATIVE ANGLE FIELD 10 0.047 ANGLE .O;081 -26 0.129 7 0.100 6 0.056 5 0.169 4 0.216 3 0.106 2 0.200 1 0.568 0 0.879 -1 1.000 -2 0.878 -3 0.567 -4 0.201 -5 0.105 -6 0.215 -7 0.170 -8 0.057 -9 0.098 -10 0.129 -11 0.083 -12 0.045 -13 0.089 -14 0.089 -15 0.045 -16 0.051 -17 0.080 -18 0.065 -19 0.027 -20 0.053 -21 0.072 -22 0.051 -23 0.017 -24 0.052 -25 0.067 Customer: KHSL-DT Channel: 43 ELEVATION PATTERN TABULATION RELATIVE FIELD VS ELEVATION ANGLE ELEVATION RELATIVE ELEVATION RELATIVE ANGLE FIELD ANGLE FIELD -26 0.046 -61 0.055 -27 0.008 -62 0.037 -28 0.046 -63 0.022 -29 0.064 -64 0.032 -30 0.048 -65 0.053 -31 0.007 -66 0.071 -32 0.036 -67 0.081 -33 0.060 -68 0.082 -34 0.054 -69 0.075 -35 0.023 -70 0.061 -36 0.020 -71 0.042 -37 0.050 -72 0.022 -38 0.058 .-73 0.017 -39 0.042 -74 0.036 -40 0.015 -75 0.056 -41 0.033 -76 0.074 -42 0.054 -77 0.088 -43 0.055 -78 0.099 -44 0.038 -79 0.105 -45 0.019 -80 0.107 -46 0.035 -81 0.105 -47 0.053 -82 0.100 -48 0.056 -83 0.093 -49 0.042 -84 0.083 - -50 0.025 -85 0.072 -51 0.031 -86 0.059 -52 0.050 -87 0.045 -53 0.059 -88 0.030 -54 0.055 -89 0.015 -55 0.039 -90 0.000 -56 0.024 -57 0.034 -58 0.053 .-59 0.065 -60 0.066 TABLE 1.0 KHSL-DT Vertical Radiation Pattern Model: JA/MS-16/43 SHBP Description: UHF Slot Antenna -1° Beam Tilt, 5% Null Fill Illll 11111 llm 111111111111111111111111111111 111111111111111111111111111111111111111111111 111111111111111111111111111111111111111111111 111111111111111111111111111111111111111111111 111111111111111111111111111111111111111111111 111111111111111111111111111111111111111111111 11111111111111111111111111111111111.11111.11111 11111111111111111111111111111111111111 i 111111 111111111111111111111111111111111111111111111 111111111111111111111111111111111111111111111 111111111111111111111111111111111111111111111 lelll lelll lelll 111111111111111111111111111111 VIII (IIII VIII 111111111111111111111111111111 111111111111111111111111111111111111111111111 111111111111111111111111111111111111111111111 111111111111111111111111111111111111111111111 111111111111111111111111111111111111111111111 11111111111111111111111111111111111111111111 1111111111111111111111111111111111111111 ���,Il i 1111111111111111111111111111111111111111 -III 1111111111111111111111111111111111111111 III 1111111111111111111111111111111111111111 III � 11111111111111111111111111111111111hell III 1111111111111111111111111111111111111111 -III 1111111111111111111111111111111111111111 .1111 1111111111111111111111111111111111111111����111 level 1111111111 level 11111 level 11111 lull 111111 hell 11111111111111111111111111111111111111111 1111111111111111111111111111111111111111111111 11111111111111111111111111111111111111111111111 11111111111111111111111111111111111111111111111 VIII VIII (IIII (IIII VIII VIII VIII VIII 111111 Ileal level lelll level level Ileal level level leen I 1111111111111111111111111111111111111111111111 1111111111111111111111111111111111111111111111 11111111111evel 1111111111 leen (IIII Ilea111111 level lu11111111evel leen 1111111111 level Ileal leen 1/:1llevel level level level 11111 lull level 11111 Mill 1111111111 Hill HIM Hill 1111111/11 11111►1111111111111111111111111111111111111IIII 11111 BIG 11111 Hill 11111 Hill Hill 1111111111111 HIM 1111111111 Hill 11111 Hill Hill 11111111IIII 1 111/1 Hill Hill11ill 11111 Hill 11111 Hill 11111111 111111 Hill 111111 Hill Hill11111111111111l 1111!11111 11/�11HIM 111111Hill Hill Hill 111111111M IIII11'111 11'111111111 riff 1/111111111111) IAM ^11'1111111111 Mill Hill 11111HIM MAN ARM 1'11'1111.1111IL'INI 111111111111111111CI HIM 1111114111113111 Hill '11111111111111111111111111iN1 I'lll'll� 1111111111 1111111111111111111111111111111 mill Hill 1111111111111111111111111111111 mill Hill 1111111111111111111111111111111 mill Hill 1111111111111111111111111111111 ■ 11111111 1111111111111111111111111111111 mill Hill 1111111111111111111111111111111 mill Hill 1111111111111111111111111111111 mill Hill 1111111111111111111111111111111 mill Hill 1111111111111111111111111111111 Mill Hill 1Hill Hill Hill Hill Hill 11111 Mill Hill X111111111111111111111111111111 mill 11111 111111111111111111111111111111 Mill Hill 111111111111111111111111111111 mill HIM 111111111111111111111111111111 mill HIM Hill 111111 HIM 11111111111 ill mill Hill 111111111111111111111111111111 mill Hill 111111111111111111111111111111 mill Hill 111111111111111111111111111111 mill Mill 111111111111111111111111111111 mill Hill 111111111111111111111111111111 mill Hill 111111111111111111111111111111 mill Hill 111111111111111111111111111111 mill Hill 111111111111111111111111111111 mill Hill 111111111111111111111111111111 mill 11111 111111111111111111111111111111 mill Hill 111111111111111111111111111111 mill Hill 111111111111111111111111111111 mill 11111 111111111111111111111111111111 mill HIM 111111111111111111111111111111 mill 11111 111111111111111111111111111111 mill Hill 111111111111111111111111111111 Mill Mill 111111111111111111111111111111 mill 11111 111111111111111111111111111111 mill 11111 111111111111111111111111111111 mill Hill 111111111111111111111111111111 Mill 11111 111111111111111111111111111111 mill 11111 111111111111111111111111111111 mill HIM 111111111111111111111111111111 mill Hill 111111111111111111111111111111 mill Hill 111111111111111111111111111111 mill 11111 111111111111111111111111111111 Mill HIM 111111111111111111111111111111 mill Hill 11111 Hill 11111111111111111111 mill 11111 111111111111111111111111111111 mill Mill .111111111111111111111111111111 mill 11111 IIIi1111111111111111111111111111 ■1/411111 11,11111 101111111111111111111119 Evil 11011 l'1111�1111111'111111�I�11/111 U11111 \►11111111 111111 II�uI �iILII hill 11111 1111 will m111 eed Place Mc lu Place ks Plac Four o . r Valley Cooper ble + �I Lakeport Clearlake 4 ,A KAI.Qavviilp r.�__.�_�._ r% Central Valley 'Redding Anderso Cottonwood Red Bluff Tehama + Los Molinos Corning miiton City Orland + Chico Willows South 4rovilleiproville Biggs Palerm C Williams Arbuckle + Eve ville KHSL-DT43 replacement tower coverage susanvme 575K DT43 500' 235kw + 4 n , #s anville Nevada: City BUTTE r c Alta Hill++ FO CouJ-' 'y Grass V ey AUG 2 12007 C ax oEVELopl"NT SERVICES Foresthill eatland Me do ista Ra sey Crossing 712 CW KffSL-TV 3460 Silverbell Rd. Chico, CA 95973 530-342-0141 fax 530-342-4905 Justification Statement for Cohasset Replacement Tower 8/7/2007 The Federal Communication Commission is phasing out Analog Television. Congress passed a law on February 1, 2006 setting the deadline for the transition from Analog to Digital TV of February 17, 2009. In order to comply with this mandate, KHSL TV is required to replace all it's broadcast facilities with new more efficient digital equipment. Accomplishing this will require the. replacement of our existing tower located at 10895 Cohasset Rd. This area of the Cohasset ridge is considered an Antenna Farm and is home to several TV, FM, and communication towers. KHSL- TV has served the Northstate since 1953, and the tower for the present Ch -12 antenna was installed at Cohasset in 1956. The current Ch -12 tower cannot be retrofitted for Digital Television so an alternative tower is required. . On June 30th 1988, Butte County issued a Use Permit # 88-75 to KHSL-TV (Golden Empire Broadcasting) for construction of a 195 -foot tower to be located at 10895 Cohasset Road, Assessor's Parcel # 56-07-10. This tower now supports a temporary Digital TV antenna but is not of sufficient size or structure to support the full power Digital Antenna and equipment required to provide the viewers in the Northstate with an acceptable quality of signal. KHSL-TV proposes to replace the old 1988 angle -iron tower with a modern guyed tower made of solid galvanized steel with a 42" face. This structure will insure the public will be able to receive free over -the -air television programming for the future. This transmitter operates 24 hours per day and supplies two TV channels from a single transmitter. On May 16, 2007, the FCC granted KHSL-TV a construction permit to install a tower 152.4 meters above ground level at 10895 Cohasset Rd, 39-57-28.6 North Latitude, 121-42-52.9 West Longitude, FCC file number BPCDT-20070124AKD. The FAA on 4/24/2007 registered the tower structure ASR# 1258123. KHSL-TV has secured an easement from the adjoining property to contain the necessary guy wires for the replacement tower. The RF power for KHSL-DTV is 235 kW ERP (the old Analog Ch -12 is 317 kW ERP). Due to the more efficient nature of the Digital signal, less power is required for the DTV transmitter than the older Analog transmitters. This results in RF field strength at ground level of 4.1 pW/cm2, which amounts to less than 1 % of the permitted exposure level. Alternative locations for such an installation are not feasible since TV stations need to be co - located for viewer convenience and this location has already been designated an Antenna Farm. This tower's timely construction is necessary to meet the FCC's digital requirement and will provide free TV and Emergency Alert information to over 500,000 viewers in this area of California. All support equipment for the Digital TV transmission is currently located near the proposed replacement tower's location. W BUTTE ``- COU"'!TY AUG 2 12007 DEVELOPME" ' SERVICES X12 THE KHSL-TV 3460 SilverbeH Rd. Chico, CA 95973 530-342-0141 fax 530-342-4905 Stacey Jolliffe Principal Planner Butte County 7 County Center Drive Oroville, CA 95969 Stacey, When determining the need for a DTV replacement tower at Cohasset, the following considerations were reviewed. 1) The FCC assigned digital channel needs to cover the same number of households as the old analog system. 2) The RF channel assigned to us by the FCC is a UHF channel that would replace the present VHF analog channel. More power is necessary at UHF than VHF to cover the same area, or a taller transmit antenna. 3) Topographical studies were simulated in propagation software to determine the minimum elevation necessary for viewer coverage. This determined either a RF power level of -1 million watts or a tower height of -450'. 4) Increasing the transmit power to excessively high levels could achieve the desired coverage, but that would use much more energy from the PG&E grid. 5) The present 300' Analog TV transmit tower's elevation could be raised but the tower is over 50 years old. 6) Increasing the elevation of the 195' tower could not be accomplished due to its design. 7) Replacing the 195' tower with a modern tower was the only viable solution. 8) This tower will also serve the PBS station with a translator for the Chico area, and the will locate the new NPR HD radio station. Since the tower is over 200' in height it will require lights per the FCC regulation. Tower lighting has evolved to more modern and efficient systems than the other towers at Cohasset. We could use strobe lights similar to the towers near north Sacramento that use very little power and the tower does not have to be painted. We could also use LED lighting that is more efficient and lasts longer than the older incandescent bulbs. Both of those systems have an effect in fog or clouds of producing a flashing light in the sky that we feel would have an undesirable effect to the surrounding area so we have chosen conventional incandescent lights. Let me know if you need any additional information Dave Sien Chief Engineer KHSL-TV R-eplacment Tower 1988 Tower being replaced, KHSL Tower Replacment 2007 -A N Existing 1963 Ch -12 Tower � UNITED STATES OF AMERICO �K FEDERAL COMMUNICATIONS COMMISSION ANTENNA STRUCTURE REGISTRATION Owner. Catamount Broadcasting Of Chico -Redding, Inc. FCC Registration This registration is effective upon completion of the described antenna structure and notification to the Commission. YOU MUST NOTIFY THE COMMISSION WITHIN 24 HOURS OF COMPLETION OF CONSTRUCTION OR DISMANTLEMENT OF YOUR ANTENNA STRUCTURE, please file FCC Form 854. To file electronically, connect to the Antenna Structure Registration system by pointing your web browser to http://wireless.fcc.gov/antenna. Electronic filing is recommended. You may also file manually by submitting a paper copy of FCC Form 854. Use purpose code "NT" for notification of completion of construction; use purpose code "DI" Number FRN :0006192397 Antenna Structure ' Registration Number: Dave Sien 1258123 Catamount Broadcasting Of Chico -Redding, 3460 Silverbell Rd. Chico, CA 95973 Issue Date: 04 -24 -2007 - Location of Antenna Structure: Ground Elevation (AMSL):. 10895 Cohasset Rd. 1065.3 meters Cohasset, CA Overall Height Above Ground (AGL): 152.4 meters Latitude Longitude Overall Height Above Mean Sea Level (AMSC): 39-57-28.6N 121-42-52.9W NAD83 1217.7 meters Painting and Lighting Requirements: ' FAA Chapters 3, 4, 5, 12 Paint and Light in Accordance with FAA Circular Number 70/7460-1K , Special Conditions: BUTTE COUNTY AUG 2 1 2007 I3EVEI.O?'I vZ�T�'1 This registration is effective upon completion of the described antenna structure and notification to the Commission. YOU MUST NOTIFY THE COMMISSION WITHIN 24 HOURS OF COMPLETION OF CONSTRUCTION OR DISMANTLEMENT OF YOUR ANTENNA STRUCTURE, please file FCC Form 854. To file electronically, connect to the Antenna Structure Registration system by pointing your web browser to http://wireless.fcc.gov/antenna. Electronic filing is recommended. You may also file manually by submitting a paper copy of FCC Form 854. Use purpose code "NT" for notification of completion of construction; use purpose code "DI" vZ�T�'1 SERVICES for notification of antenna structure dismantlement. The Antenna Structure Registration is not an authorization to construct radio facilities or transmit radio signals. It is necessary that all radio equipment on this structure be covered by a valid FCC license or construction permit. You must immediately provide a copy of this Registration to all tenant licensees and permittees sited on the structure described on this Registration (although not required, you may want to use Certified Mail to obtain proof of receipt), and display your Registration Number at the site. See reverse for important information about the Commission's Antenna Structure Registr ation Rules. 20 FCC 854R December 2006 Eng Details TV Eng Details TV FCC> Media Bureau > MB-CDBS > CDBS Public Access > Application Search Callsign: KHSL-TV Service: DT Licensee: CATAMOUNT BROADCASTING OF CHICO-REDDING, INC.. Channel: 12 Specified Channel: 43 File No.: BPCDT-20070124AKD Cutoff Date: 01/24/2007 Facility ID: 24508 Application ID: 1182847 Latitude: N 390 57 ' 2911 Longitude: w 1210 42 ' 4911 ERP: HAAT: 235 kw 469 m ► 5 3q RCAMSL: 1212.8 m 31 '+q RCAGL: 147.8 m -405' Zone: Not in a Border Zone Antenna: Z5'� Law 3894s Directional Beam Tilt: Electrical Deg: 1 Polarization: Horizontal Page 1 of 2 J� s�± FCC Home I MB Help site map Community: CHICO, CA, US Offset: Max HAAT: 816 m Dom. Status: CP ASRN: 1258123 Mechanical Deg: 2 Rotation: 0, BUTTE COUNTY AUG 2 12007 ]DEVELOPMENT SERVICES http://svartifoss2.fcc.gov/cgi-bin/Ws.exe/prod/cdbs/pubacc/prod/eng_tv.p[?Application_id=1182847 5/17/2007 Eng Details TV Page 2 of 2 �a .6 Antenna ID: 78834 Make: JAM Antenna Pattern for the Directional Antenna: Model: JA/MS-16 SHBP Directional antenna relative field values do not include clockwise rotation, if shown above. 00 0.574 100 0.443 200 0.347 300 0.258 400 600 0.042 700 0.042 800 0.042 900 0.042 1000 1200 0.042 1300 0.148 1400 0.258 1500 0.347 1600 1800 0.715 1900 0.846 2000 0.944 2100 1 2200 2400 0.624 2500 0.562 2600 0.615 2700 0.615 2800 3000 0.811 3100 0.96 3200 1 3300 0.94 3400 Additional Azimuths: 0:148 500 0.042 0.042 1100 0.042 0.443 1700 0.574 0.96 2300 0.811 0.562 2900 0.624 0.846 3500 0.715 FCC Home I Search I Uodates I E -Filing I Initiatives. I For Consumers I Find People Please send comments via standard mail to the Federal Communications Commission, Consumer and Governmental Affairs Bureau, 445 12th Street, S.W., Washington, D.C., 20554. Questions can also be answered by calling the FCC's National Call Center, toll free, at 1 -888 -Call FCC (1-888-225-5322). Federal Communications Commission Phone: 1 -888 -CALL -FCC (1-888-225-5322) - Privacy Policy 445 12th Street SW TTY: 1 -888 -TELL -FCC (1-888-835-5322) - Website Policies & Notices Washington, DC 20554 Fax: 1-866-418-0232 - Required Browser Plug -ins More FCC Contact Information... E-mail: fccinfo fcc.gov - Freedom of Information Act http://svartifoss2.fcc.gov/cgi-bin/Ws.exe/prod/cdbs/pubacc/prod/eng_tv.pl?Application_id=1182847 5/17/2007 500.0 ft 480.0 ft P 473.2 it I: 460.0 ft v1t`-s N 440.0 N 01 420.0 A '400_0 it e , 3832 it 380.0 R F yN 360.011 340.0 ft 320.0 R m 300.0 ft \ N< 280.0 ft I' 260.0 R 0 i Fy .s< ' ca o� o$ 140.0 ft 120.0 ft 100.0 ft 80.0 ft 60.0 ft 40.0 ft 20.0 ft 10.0 ft 1.8 ft 524 Ib 1549741b (A)ial) 69 kip4n (Torque) M R-230.00 ft R-270.00 h f-131 FLAN APPURTENANCES R-270.00 ft (-13) TYPE ' ELEVATION TYPE ELEVATION Beacon 500 P a qg ~ ar Side Lights 250 JUH04/2(8) 450-430 Z A ALP4 Ch 52 H JSCP-4 w/ radomes 215. 185 W x 10' whip 280-270 3" x 10' whip 200-190 Side'Ughts 250 R 160-150 0) m m m N w R z Op mmm K � N- r Ir cc of � N N N a a i R � m r• n 2: s r _ � w aim c u1 W n 9 N F 6_ a z m N r4 m 4 k 2 a ( ~ m � I Z m m y F K m N to N N ip N � 8 v, a m d z N � 0 a (0 07 a U n ,p N m o � c c @ c C N is is N >4 C7 8 406-3 500.0 ft 480.0 ft P 473.2 it I: 460.0 ft v1t`-s N 440.0 N 01 420.0 A '400_0 it e , 3832 it 380.0 R F yN 360.011 340.0 ft 320.0 R m 300.0 ft \ N< 280.0 ft I' 260.0 R 0 i Fy .s< ' ca o� o$ 140.0 ft 120.0 ft 100.0 ft 80.0 ft 60.0 ft 40.0 ft 20.0 ft 10.0 ft 1.8 ft 524 Ib 1549741b (A)ial) 69 kip4n (Torque) M R-230.00 ft R-270.00 h f-131 FLAN APPURTENANCES R-270.00 ft (-13) TYPE ' ELEVATION TYPE ELEVATION Beacon 500 Side Lights 250 Jampro JA -MS -16 Ch 43 498. 473 Side Lights 250 JUH04/2(8) 450-430 3' x 10' whip 240-230 ALP4 Ch 52 415 - 400 JSCP-4 w/ radomes 215. 185 W x 10' whip 280-270 3" x 10' whip 200-190 Side'Ughts 250 3- x 10' whip 160-150 SYMBOL LIST MATERIAL STRENGTH GRADE IF Fu GRADE I Fy Fu 36" 150 ksl 65 ksi IA36 136 ksi 158 ksi \ TOWER DESIGN NOTES Tower is located in Butte County, California. 2. Tower designed in accordance with the TIA/EIA-222-F Standard. 3. A 90.00 mph 3 -second peak gust ASCE 7-02 wind profile used. . 4. Wind importance factor is 1.00, Exposure B. 5. Tower is also designed for a 77.94 mph basic wind with 0.50 in ice. 6. 1-1/4" lighting conduit runs full height of tower. 7. Least residual member capacity in percent equals 100% - Tower Rating 8. TOWER RATING: 99% �. 574801° 45552 Ib R-230.00 ft _� Comm Structure Engrg DE296 Covered Bridge Road Rogue River, OR 97537 www.tower-structums.com Phone: (541) 582-8074 FAX: 541 582-0072 0D'.Magnum 500 ft 42M guyed TI//FM tower 50 & 36-ksi legs Pmjed Cohasse4 CA MTI Project No. 18741-07 GIen1..KHSL-TV' KNVN-TV - Dave Sie rdwn b)'• D. Wayne Davids_o APpd' Cod e: TIA/EIA-222-F Date: 06106Scale: NTS Path: 6`'iHo' E-1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Catamount Broadcasting 3460 Silverbell Road Chico, CA 95973 A.P.N.: 056-070-070-000 and 056-070- 080-000 2007-00375e�5 Recorded I RFC FEE - ,00 Official Records I County of I Butte I CMACE 3. GRUBBS i County Clerk-Recorderl I I SA 09:35AM 07 -Aug -2007 I Page 1 of 6 Above This Line for Recorder's Use Only EASEMENT GRANT DEED This is a conveyance of an easement and the consideration and value is less than $100, R & T 11911 The Undersigned Grantor(s) Declare(s): DOCUMENTARY TRANSFER TAX $0.00; CrrY TRANSFER TAX $0.00; SURVEY MONUMENT FEE $ computed on the consideration or full value of property conveyed, OR computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale, X unincorporated area; [ ] City of, and File No.: () FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Evan Edward Barley and Elizabeth Louise Barley, Trustor(s) and Trustee(s) of the Evan and Betty Barley Family Trust dated August 15, 1996 and Evan E. Barley and Elizabeth Barley, husband and wife hereby GRANTS to Catamount Broadcasting of Chico -Redding, Inc., a Delaware Corporation the following described property in the Unincorporated Area of , County of Butte, State of California: A non-exclusive easement for the construction, installation, maintenance and protection of communication facilities including but not limited to antennae, guy wires, conduits, wires, foundations and security fencing over the attached exhibit "A". Said easement is for the benefit of and appurtenant to that property contained in Deed recorded September 16, 1998, Serial No. 1998-39620. Dated: 07/30/2007 The Evan and Betty Barley Family Trust Evan E. Barley dated August 15, 1996 BUTTE Evan Edward Barley, Trustee n- COUNTY AUG 2 12007 EliEli 9beth Louise Barley, Trustee OEVELOymENT SERVICES eel 1;1_144 44, Elizabeth Barley Mail Tax Statements To: SAME AS ABOVE A.P.N.: 056-070-070-000 and 056- Grant Deed - continued File No.:0401-2815212 0707080-000 pm) Date: 07/30/2007 STATE OF-.::.-,..-; )SS COUNTY OF ) On (A u" (" aUtJ-) - , before me, 7) Q4 CP A • � ( UW N Not Publid) personally appeare V CL c i 'C— /0J'IJR_ 945 l personally known to me (or proved to me on the basis of satisfacto evidence) to be the person(s) whose name(s) is/are .subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES --) :fi d':and official seal. Signature My Commission Expires: JOYCE A. 8ROWW Corrvnls W N 16473 Notary Public - Cc4famb Butte caunly =E)0WMcq2Z201 This area for official notarial seal Notary Name: 6 Oda CQ_ C CXR Q Notary Phone: O 8 1 V_ 05 5__k3 Notary Registration Number: 6 V -7 3 ©a County of Principal Place of Business: =„ t&. k Page 2 of 2 Mid Valley Title & Escrow Company 601 Main Street, Chico, CA 95928 (530)893-5644 - Fax (866)217-5487 ACCOMMODATION. RECORDING AGREEMENT File No:0401-2815212 (JM) This Accommodation Recording Agreement (the "Agreement") is made this Thirtieth day of July, 2007 by Catamount Broadcasting of .Chico -Redding, Inc., a Delaware Corporation; Evan E. Barley and Elizabeth Barley, husband and wife and Evan Edward Barley and Elizabeth Louise Barley, Trustor(s) and Trustee(s) of the Evan and Betty Barley Family Trust dated August 15, 1996 (collectively the Indemnitor..'.'•).in;favor:of: Mid Valley Title & Escrow Company ("the Company"). AGREEMENT: 1. Accommodation Recording Services. The Compahy will act as a courier in requesting the recording of the Documents (defined in Section 5 below), (the "Documents") as soon as practicable in the Official Records of Butte County, which have been delivered by Indemnitor to the Company together with a check in the amount of $tbd payable to the applicable governmental agency for the recordation fees and any applicable documentary transfer fees.* In the event that the check delivered with the Documents is insufficient for any reason, the Company may, but is not required to, advance said fees/taxes and Indemnitor shall promptly reimburse said amounts to the Company. If the Company elects not to advance said fees/taxes, it shall return the Documents to Indemnitor indicating the insufficiency. 2. Acknowledgement. Indemnitor acknowledges and agrees as follows: (a) that the Company has no duty or obligation in any way to review or examine the Documents or title to the respective property or any obligation to issue title insurance or any other title product to Indemnitor or any third party; (b) that the Company derives no direct or indirect benefit from the recording of the Documents; and (c) that the Company would not perform the accommodation recording of the Documents without this Agreement. 3. Indemnification. In consideration of the Company's recording the Documents as contemplated by this Agreement, Indemnitor jointly and severally waive and release the Company from any and all claims arising out of the Documents and agree to hold harmless,. protect and indemnify the Company from and against any and all liabilities, losses, damages, expenses and charges including, but not limited to, attorney's fees and expenses .of litigation, which may be sustained or incurred by the Company in any way relating to, or arising directly or indirectly out of any accommodation recording requested by Indemnitor, including any claim, action, proceeding, judgment, order or process arising from or based upon or growing .out of the Company's active or passive negligence in connection with the Documents. 4. Attorney's Fees. Indemnitor agrees that if lawsuit shall be brought to enforce this Agreement, Indemnitor will reimburse to the Company all of its attorney's fees. 5. Documents Defined. The documents to be recorded as an accommodation under this Agreement are the following: Document* First Party Second Party Easement Grant Deed Evan E. Barley and Elizabeth Catamount Broadcasting of Barley and Evan Edward Barley Chico -Redding, Inc.; a Delaware and Elizabeth Louise Barley, Corporation Trustor(s) and Trustee(s) of the Evan and Betty Barley Family Trust dated August 15, 1996 �!1 Indemnitor has executed this Agreement this day of U A 20 07 . Page 1 of 2 Mid Valley Title & Escrow Company Catamount Broadcasting of Chico -Redding, Inc., a Delaware Corporation The.. Evan,.,and.,Be4-y;Barley. Family Trust P Evan dward Ba ley, Tr tee Eli beth Louise Barley,. Trustee Evan E. Barley Elizal0th Barley *Indemnitor is solely responsible to complete the documentary transfer information on all transfer documents. Page 2 of 2 File No.: 0401-2815212 (JM) Date: July 30, 2007 EASEMENT DESCRIPTION ALL THAT CERTAIN REAL PROPERTY BEING A PORTION OF SECTION 11; T 24 N, R 2 E, COUNTY OF BUTTE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: A PORTION OF PARCEL 2 AS SHOWN ON THAT PARCEL MAP FILED AT THE BUTTE COUNTY RECORDER'S OFFICE AT BOOK 73, PAGE 8 AND 9 ON SEPTEMBER 7, 1979, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST I/4 SECTION CORNER OF SAID SECTION 11 AS SHOWN ON SAID PARCEL MAP; THENCE, NORTH 01"03'25"EAST, A DISTANCE OF 1035.33 FEET; THENCE, NORTH 01°40'29"EAST, A DISTANCE OF 109.83 FEET; THENCE, NORTH 01°04'31"EAST, A DISTANCE OF 54.97 FEET; THENCE, NORTH 01°01'44"EAST, A DISTANCE OF 144.54 FEET; THENCE, NORTH 88'55'50'WEST, A DISTANCE OF 400.00 FEET;. THENCE, SOUTH 01 °04' 10"WEST, A DISTANCE OF 82.81 FEET TO THE TRUE POINT OF BEGINNING; THENCE, NORTH 88'55'50 -WEST, A DISTANCE OF 87.58 FELT; THENCE, SOUTH'01 `04' 10"WEST, A DISTANCE OF 453.81 FEET; THENCE, SOUTH 88°55'50'EAST, A DISTANCE OF 87.58 FEET; THENCE, NORTH 01 °04' 10"EAST, A DISTANCE OF 453.81 FEET, TO THE TRUE POINT OF BEGINNING. EASEMENT CONTAINING 0.91 ACRES MORE OR LESS APN: 056-070-070 (PORTION) EXP. DATE: 03/31/08 �.�c�kO Pip J. q'IF�� Lu No. C2809 # Exp. 3/ ply 1 OF CAI\i� I SOVO4'1 ON 82.81 - NOT TO SCALE LEGEND N88'S5'50'W 460.00 APN: 0.56-070-080 LOCA71ON OF NEW TRANSMISSION TOWER AND GUY WIRES PROPERTY BOUNDARY — — EASEMENT TRUE POINT OF BEGINNING T. P.O.B. POINT OF COMMENCEMENT P.O.C. I PREPARED_ BY: k REMSTRMION 9X% 3/31/08 ' f P T NOTE: THIS PLAT DOES NOT CONSTITUTE A LEGAL DESCRIPTION OF THE LOTS OR.PARCELS DEPICTED AND DOES NOT SHOW ALL EASEMENTS fOF RECORD ON OR AFFECTING SAID LOTS OR PARCELS. EAST j CORNER SECTION 11 P.O.C. NO1'04'31'E 54.97 in N M p Go Y O s^ Z bM N M n O O O �- 2 EASEMENT PLAT A PORTION OF SECTION 11, TOWNSHIP 24 NORTH, RANGE 2 EAST, M.D.B & M. COUNTY OF BUTTE, STATE 'OF CALIFORNIA. BUTTE CO. APN: 056-070-070 BY THE ENGINEERING GROUP, INC. 1250 EAST AVENUE, SUITE 10 CHICO, CA 95926 PH: (530) 899-6409 FX: (530) 899-0943 JULY 26, 2007 . . SHEET l OF 1 March 17, 2008 Mark Michelena County of Butte Office of Planning Department 7 County Center Drive Oroville, CA 95965-3397 To Whom it May Concern, We received a "Notice of intent to adopt a Mitigated Negative Declaration and notice of Public hearing" for UP08-0002. Due to health issues we will be unable to attend the meeting, but would like to express our views on the project. The property that the current tower and proposed tower sit on was sold to KHSL in about 1952 by the parents of the current owner Elizabeth Barley(Evan and Betty Barley Family Trust). KHSL has been a good neighbor over the past 55+ years and. we are sure will continue to be in the future. The property in question, APN: 056-070- 080 is surrounded on 3 sides by property owned by Elizabeth Barley. There are no plans to ever sell the property as it is to remain in the family in perpetuity. Since we would be the most affected by the new tower, we would like to say that we have no negative comments and would like to see the project go forward as quickly and as smoothly as possible. We have deeded KHSL a right of way for anchors and access and the tower will have no negative impacts on the growth of timber on the surrounding land, which is what our property is currently used for and will continue to be used for in the foreseeable future. Sincerely, Elizabeth L. Barley Clifford Barley d a-� 6 IRUTT-r COUNTY MAR 19 2005 DEVEL®PNyEIVT SERVICES Am` mroli, .71i "a A I INS, IS W-1 K-,C,,H-*O' K • F • P • R Northstate Public Radio 7 April 2008 Mr. Mark Michelena, Senior Planner Ms. Stacey Jolliffe, Principle Planner Ur BUTTE Department of Development Services 7 County Center Drive, COUNTY Oroville, CA. 95965 APR 0 8 2008 DEVELOPMENT REF: Use Permit Application # UP 08-0002, SERVICES KHSL-TV, Cohasset, California. Dear Mr. Michelena and Ms. Jol.liffe: This letter is to express Support for the GRANT of the KHSL-TV Use Permit Application, referenced above. The replacment of an existing 195 Foot Radio Tower with a 500 Foot Radio Tower on property owned by KHSL-TV at Cohasset is necessary for KHSL- TV to begin Broadcasting with a Digital TV (DTV) Signal in early 2009. Additionally, this taller Tower will make space available for other Broadcasters, such as KCHO (FM), when we start Broadcasting with a Digital Radio (HD Radio) Signal in the near future; thereby reducing the need for more Radio Towers to be built in the Cohasset area. Sincerely, Michael R. Birdsill Chief Engineer. Direct Phone: 530-898-6896. KCHO, 91.7 FM, California State University, Chico, California 95929-0500 (530) 898-5896 / Fax (530) 898-4348 KFPR, 88.9 FM, P.O. Box 990061, Redding Califorinia 96099-0061 (530) 241-5246 / Fax (530) 241-5246 Owner BARLEY EVAN & BETTY FAMILY TRUST CATAMOUNT BROADCASTING OF CHICO/REDDING CLAY AW & KL FAMILY TRUST CONDON REVOCABLE INTER VIVOS TRUST HARROLD JAMES MICHAEL HENRY WILLIAM C & DEBBIE H HENSON MARTIN ETAL HEYWOOD JOHN P & SUNDLING CATHERINE ANN KNIGHTEN CHARLES A & DEADRA JT KOSTELLO ROBERT T ETAL SAINTE PARTNERS II LP SHIRLEY GLEN E & PATRICA S REV TRUST SIERRA PACIFIC INDUSTRIES SWERDA RICHARD M DAVE SIEN Owner add 3840 DUSTY LN 3460 SILVERBELL RD PO BOX 1822 3652 BAY AVE 359 MUD CREEK RD 4775 GOLD NUGGET RD PO BOX 7753. 716 TALBERT ST 1080 TRACY LN P O BOX 6580 P O BOX 4159 10860 COHASSET RD P O BOX 496014 PO BOX 25 3460 SILVERBELL RD Citystzip CHICO CA 95926 CHICO CA 95973 OROVILLE CA 95965 CHICO CA 95973 CHICO CA 95973 CHICO CA 95928 CHICO CA 95927 MARTINEZ CA 94553 CHICO CA 95926 CHICO CA 95927 MODESTO CA 95352 CHICO CA 95926 REDDING CA 96049 FOREST RANCH CA 95942 CHICO CA 95973 rl� si■ rl� Butte County Lftlartment of Developmeto Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile August 30, 2007 To: Inter -Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: Dave Sien, MUP07-0004 Planner: Mark Michelena APN: 056-070-080 Location: (8/21/2007 13:43 CPT) Replacement of existing 195 ft tower with 500 ft tower for broadcasting digital television. The parcel is located on the west side of Cohasset Road, approximately 1 mile north of Mud Creek Road, at 10895 Cohasset Road. 30 -Day Complete September 20, 2007 Date of IDR September 12, 2007 This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps, has been sent to Environmental Health, 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 September 12, 2007. 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? ❑ 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: <undefined value>). Signature: Department: Date: UPlanning/Projects/A New File/IDR Memos/IDR Completeness 8/30/05 BUTTE COUNTY STANDARD CONDITIONS FOR MINOR USE PERMITS APPLICANT: Dave Sien, AGENT: <undefined value> FILE #: MUP07-0004 DATE: 8/21/2007 APN: 056-070-080 PLANNER: Mark Michelena PROJECT DESCRIPTION: (8/21/2007 13:43 CPT) Replacement of existing 195 ft tower with 500 ft tower for broadcasting digital television. The parcel is located on the west side of Cohasset Road, approximately 1 mile north of Mud Creek Road, at 10895 Cohasset Road. Those items checked are conditions of approval. PLEASE CONTACT THE ENVIRONMENTAL HEALTH DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. SEWAGE DISPOSAL AREAS ❑ 1. Meet the sewage disposal requirements of Butte County Code Section 26-26 for the installation of sewage disposal systems within a flood plain/floodway. ❑ 2. In the nitrate area record executed Future Sewer Service and Storm Drainage Agreements. ❑ 3. Meet the requirements of the (Watershed Protection Zone) (Villa Verona Moratorium Area) (Cohasset Specific Plan). B. EXISTING COMMUNITY SEWER ❑ 1. Prior to the issuance of the Minor Use Permit, under permit issued by the Environmental Health Division, abandon the septic tank and connect the dwelling(s) on (lots) (parcel(s)) to public sewer. C. INDIVIDUAL WATER SUPPLY ❑ 1. Prior to the issuance of the Minor Use Permit, provide a source of domestic water for the building on (lot) (parcel) ❑ 2. Prior to the issuance of the Minor Use Permit, verify that domestic water can be provided to meet minimum standards for and other suspected contamination. D. PUBLIC WATER SUPPLY ❑ I. Prior to the issuance of the Minor Use Permit, verify that domestic water can be provided to meet minimum standards for and other suspected contamination. BUTTE COUNTY STANDARD CONDITIONS FOR MINOR USE PERMITS APPLICANT: Dave Sien, AGENT: <undefined value> FILE #: MUP07-0004 DATE: 8/21/2007 APN: 056-070-080 PLANNER: Mark Michelena PROJECT DESCRIPTION: (8/21/2007 13:43 CPT) Replacement of existing 195 ft tower with 500 ft tower for broadcasting digital television. The parcel is located on the west side of Cohasset Road, approximately 1 mile north of Mud Creek Road, at 10895 Cohasset Road. Those items checked are conditions of approval. PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: E. BUILDING PERMITS ❑ I. Prior to building permit issuance for a new residential dwelling unit(s), the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees, shall include, but not be limited to: Park Fee, School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. ❑ 2. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees shall include, but not be limited to: School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. F. EXISTING STRUCTURES ❑ I. Comply with the Uniform Building Code for property line clearances considering use, area, and fire resistant construction of existing buildings. ❑ 2. Existing building(s) shall be made to comply with current Building and Zoning regulations for the intended new use of the building(s) or the existing building(s) shall be demolished. BUTTE COUNTY STANDARD CONDITIONS FOR MINOR USE PERMITS APPLICANT: Dave Sien, DATE: 8/21/2007 AGENT: <undefined value> APN: 056-070-080 FILE #: MUP07-0004 PLANNER: Mark Michelena PROJECT DESCRIPTION: (8/21/2007 13:43 CPT) Replacement of existing 195 ft tower with 500 ft tower for broadcasting digital television. The parcel is located on the west side of Cohasset Road, approximately 1 mile north of Mud Creek Road, at 10895 Cohasset Road. Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: Those items checked are conditions of approval. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: FIRE CLEARANCE ❑ 1. Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest California Fire Safe Regulations—Public Resources Code 4290, 4291 and current Butte County Improvement Standards, whichever is stricter. ❑ 2. Prior to construction, a pressurized community water system for fire protection is required. Bonding may be allowed with the approval of the County Fire Chief. Average required hydrant spacing is feet, hydrant size inches, and residual fire flow of GPM. Fire hydrant identification, road reflectors or post reflectors acceptable to the County Fire Chief shall be installed or bonded, prior to Parcel or Final map recordation. Submit plans to the Fire Department for review and approval prior to construction. ❑ 3. Place a note on a separate document and recorded concurrently with the Parcel, Final map or an additional map sheet stating that "Fire suppression sprinkler systems shall be installed in all new residential dwellings in accordance with NFPA Standard 13D, unless a pressurized community water system with hydrants that meet Fire Department specifications serves the property." A note stating "Automatic Fire Sprinklers conforming to NFPA Standard 13D required" is to be added to all affected building plans. ❑ 4. In lieu of hydrant installation, prior to recordation of the Parcel or Final map, payment shall be made into the hydrant fund at the current rate per lineal foot of street frontage. ❑ 5. Prior to building construction, provide an all weather access of at least 10 feet wide and vertical clearance of 15 feet that will allow for ingress and egress and accommodate a 40,000 -pound fire apparatus to within 150 feet of all structures. ❑ 6. Place a note on a separate document, which is to be recorded concurrently with the Parcel or Final map, or on an additional map sheet stating, "Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the time of permit issuance and maintained continuously thereafter. ❑ 7. Prior to any lot clearing activity or cutting of trees, contact the Butte Area Forester at (530) 872-6353 to determine the need for a less then 3 acre conversion exemption permit or a timber harvest plan. BUTTE COUNTY STANDARD CONDITIONS FOR MINOR USE PERMIT APPLICANT: Dave Sien, DATE: 8/21/2007 AGENT: <undefined value> APN: 056-070-080 FILE #: MUP07-0004 PLANNER: Mark Michelena PROJECT DESCRIPTION: (8/21/2007 13:43 CPT) Replacement of existing 195 ft tower with 500 ft tower for broadcasting digital television. The parcel is located on the west side of Cohasset Road, approximately 1 mile north of Mud Creek Road, at 10895 Cohasset Road. Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. STREETS ❑ 1. Prior to the issuance of building permits, obtain an encroachment permit and improve all new and existing driveway approaches to publicly maintained roads as specified in the County Improvement Standards and the terms of the encroachment permit. ❑ 2. Prior to the issuance of building permits, deed to Butte County in fee simple feet of right-of- way from the centerline of along the entire property frontage. The right-of- way shall be sufficient for the installation of Improvement Standard No. S-5 at all street intersections. ❑ 3. Prior to the issuance of building permits, submit road and drainage improvement plans for the installation and construction of the street frontage improvements on to County Improvement Standards. Improve parcel frontage to a street section on to an RS-_ road standard including, but not limited to curb, gutter and sidewalk for parcels with gross acreage of one acre or less. Construct or install the required improvements. ❑ 4. Prior to the issuance of building permits, relinquish abutter's rights of access to Butte County along the frontage of parcels , except at approved access points. B. DRAINAGE ❑ I. Prior to the issuance of building permits, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail existing drainage conditions and shall specify how drainage waters shall be detained or retained on- site and/ or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. ❑ 2. Prior to the issuance of building permits, establish 100 year flood plain elevations and the lowest floor elevations for any structures, in accordance with Butte County Code §26-25. Show on the additional map sheet the elevations (by contours) and the location of an accepted NGVD29 (National Geodetic Vertical Datum of 1929) benchmark and a temporary benchmark on-site. C. LEGAL LOT STATUS ❑ 1. Prior to the issuance of the Use Permit, prove to the satisfaction of the Director of Public Works that the parcel of the subject application is a legal parcel. 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 ADMINISTRATION'` BUILDING * PLANNING August 30, 2007 TO: Enter Agency or Department FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Dave Sien, MUP07-0004 APN: 056-070-080 DATE OF Inter -Departmental Review: 9/12/07 IDR RESPONSE REGARDING 9/12/07 COMPLETENESS OF APPLICATION DUE BY: AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: 9/27/07 The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, to be determined at the Inter -Departmental Review (IDR) Committee meeting on 9/12/07, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: (8/21/2007 13:43 CPT) Replacement of existing 195 ft tower with 500 ft tower for broadcasting digital television. The parcel is located on the west side of Cohasset Road, approximately 1 mile north of Mud Creek Road, at 10895 Cohasset Road.. COUNTY SUPERVISOR DISTRICT NO.: 3 ZONING: TM -5 (Timber Mountain, five -acre parcels), GENERAL PLAN: AR If a response cannot be submitted prior to the due dates listed above, please call Mark Michelena at 530-538-7376 or send him an email at <undefined value>. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. Please return response to project planner. IDR COMMITTEE — APPLICATION COMPLETE ❑ No Name: Date: ❑ Yes Name: Date: FAPlanning\PROJECTS\Trakit Merge Documents\REQUEST FOR COMMENTS.doc "DRAFT" LEAD IN SHEET d PROJECT NUMBER: /l� L�I C)? '00o COP#(S). OS C6 0 ?-i�Q �� APPLICANT: OWNER(S): ��.. •� / ad'�G REPRESENTATIVE: 1 PROPOSED REQUEST: (b� "u R)lanner) FINAL REQUEST: (by project planner) LOCATION: (by counter planner) FINAL, LOCATION: (by project planner) ! �' EXISTING ZONING: ��� .�� GENERAL PLAN DESIGNATION: SUPERVISORIAL DISTRICT #: ` SIZE: %J— DATE RECEIVED: 0 COUNTER PLANNER'S INITIALS: raw_ 0 of/Z r/D'r JAW I 1 uca mR Date-----w� 30 Day Complete Tentative Hearing Date: a . COMMENT DISTRIBUTION LIST Project Number: tau County Offices and Cities: _ Planning Division X Assessor's Office - Mapping — BCAGALUC X Environmental Health — City of Biggs — APUD Building Manager — City of Chico — LAFCo — City of Gridley — Butte Co. Farm Bureau Chico Airport Commission X Agricultural Commission _ City of Orovof — Chief Administrative Officer Public Works/Land Dev _ Town of Paradise — County Counsel Fire Protection: X California Department of Forestry — El Medio Fire Protection District Domestic Water: Butte Water District Del Oro Water Co. _ S.F.W & P. Agency (OWID) — — California Water Service Co. — Thermalito Irrigation District — Other Utilities: Pacific Bell Chambers Cable TV _ PG&E North -Chico ._ — PG&E South - Oroville — Viacom Cable TV Irrigation District: _ — Durham Irrigation Dist. — Paradise Irrigation Dist. Biggs / West Gridley Water — Table Mountain Irrigation Dist Richvale Irrigation Dist — Sewer: L.O.A.P.U.D. — Sterling City Sewer Main — Skansen Subdivision (CSA 21) Drainage Districts: _ Sacramento & San Joaquin Drainage Dist. — Reclamation District No. 833 _ Drainage District 200 — Reclamation District No. 2054 Reclamation District No. 2056 — State Agencies: CalTrans r6M �us — Dept. of Water Resources Dept. of Fish and Game — r) Federal Agencies: U.S. Forest Service _ U.S. Bureau of Land Management Other Districts, Agencies, Committees, etc.: 411 CLU:s czmaweonaaadgarnww mez Dave Sien Chief Engineer CBS 121 NBC 24 1 CW 10 / 3460 Silverbell Road PA Chico, Ca 95973 s. 530.893.6543 530.624.1584 cell 530.342.4905 fax rHe dslen@khsltv.com TEN10 411 CLU:s czmaweonaaadgarnww mez X12 AN" 'THE -TEN10 KHSL-TV 3460 Silverbell Rd. Chico, CA 95973 530-342-0141 fax 530-342-4905 Justification Statement for Cohasset Replacement Tower 8/7/2007 The Federal Communication Commission is phasing out Analog Television. Congress passed a law on February 1, 2006 setting the deadline for the transition from Analog to Digital TV of February 17, 2009. In order to comply with this mandate, KHSL TV is required to replace all it's broadcast facilities with new more efficient digital equipment. Accomplishing this will require the replacement of our existing tower located at 10895 Cohasset Rd. This area of the Cohasset ridge is considered an Antenna Farm and is home to several TV, FM, and communication towers. KHSL- TV has served the Northstate since 1953, and the tower for the present Ch -12 antenna was installed at Cohasset in 1956. The current Ch -12 tower cannot be retrofitted for Digital Television so an alternative tower is required. . On June 30th 1988, Butte County issued a Use Permit # 88-75 to KHSL-TV (Golden Empire Broadcasting) for construction of a 195 -foot tower to be located at 10895 Cohasset Road, Assessor's Parcel # 56-07-10. This tower now supports a temporary Digital TV antenna but is not of sufficient size or structure to support the full power Digital Antenna and equipment required to provide the viewers in the Northstate with an acceptable quality of signal. KHSL-TV proposes to replace the old 1988 angle -iron tower with a modern guyed tower made of solid galvanized steel with a 42" face. This structure will insure the public will be able to receive free over -the -air television programming for the future. This transmitter operates 24 hours per day and supplies two TV channels from a single transmitter. On May 16, 2007, the FCC granted KHSL-TV a construction permit to install a tower 152.4 meters above ground level at 10895 Cohasset Rd, 39-57-28.6 North Latitude, 121-42-52.9 West Longitude, FCC file number BPCDT-20070124AKD. The FAA on 4/24/2007 registered the tower structure ASR# 1258123. KHSL-TV has secured an easement from the adjoining property to contain the necessary guy wires for the replacement tower. The RF power for KHSL-DTV is 235 kW ERP (the old Analog Ch -12 is 317 kW ERP). Due to the more efficient nature of the Digital signal, less power is required for the DTV transmitter than the older Analog transmitters. This results in RF field strength at ground level of 4.1 pW/cm2, which amounts to less than 1 % of the permitted exposure level. Alternative locations for such an installation are not feasible since TV stations need to be co - located for viewer convenience and this location has already been designated an Antenna Farm. This tower's timely construction is necessary to meet the FCC's digital requirement and will provide free TV and Emergency Alert information to over 500,000 viewers in this area of California. All support equipment for the Digital TV transmission is currently located near the proposed replacement tower's location. W BUTTE r; COUNTY AUG 2 12007 DE SELOyMENT '" ,,� , .. y �. •! i. jY +MST. ,,,((('''///'p'��� �L iel•TI Q':�S%K_ PIIZ MP .P. A3 ta2klIo .�s*! Eloc 9�►ti� � l� ;l"i- 2t�}� 'i�:�C�� :'i�`!'3����i�iiri�'.�I�, fiQz�i�►5� 'iSt-l; ft�i�M;:^.�FiF'ti �tns��~.���if���"� Qt`ii?�5�� is VT its)-mI 3 o: gulsnArt,o�;#;eo�a�,S�#lt;Ibrt# .10.1ofIIIbs e!_I erf# piIi:foc IOZ, i '�mwdr3� no wtil 2'i► lis sof `!q:fl .a# i76liu al Si 'IT J JOHN . tGr�; i€rli zlfi# diiv; tit 7moo o? 1Sbio n I..�d�i , i t \^.sw! i t I =?:l# iillC�i'? ;I►ev e1Cli frlfi$1's ii;i37.3�� .ft1 ?7i: lET13P.80,11 S lsfi(pib In:}I:,i 1--i, '31��?m vt` n !`-J,%v i:�3t :1i�:3Joan � f: ►zDbC7{ow �4•tC ►i J Y �. 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";�: Y1�?3 �irj� 9niva�3 itiV� i:r�is t�nsm 'ti-r,��� ts;i�ib �'��� ari ;gni ofi _ PA .81r'r1C}Wn.") to wens ci;t. m F-mvehe 000,000, two 0.: nol st;r6ini ileIA pnegismB bm VT ©41} b,)ia,,,ol;�lfn �, iva; i rlf3t<:c" itTi r±id=t# VT it tip#iQ arff `{zzt Ineincfiupa iio��i.l;� not con! zr7:: a# I r, , r, � Z � TYPE ELEVATION Beacon Soo e z 250 Jampre JA -MS -16 Ch 43 498-473 K N 250 JUMD-4/2(8) 450-430 3"X 10' whip 240-230 ALP4 Ch 52 415-400 C 215.185 LX 117 whip 280-270 3"x 10' whip N Side'Ughts N W N 160-150 N co C z r N N N W C � C a It of N N N N W z s m m N N N N n a z � � m N @ e " � rc N ~ W N N N N 3 z ! F N N 8 ]= 0 N N h N U) N td N CrN C o N z N K N N a m z v U $ N c @ c c E 'r C7 e g N c U' m m a 3 500.0 ft 480.0 fl 473.2 k 460.0 k Fs N kk 440.0 k5 k 6t 'oma 420.0 ft 393.2 it 380.0 ft �N C� 360.0 R 340.0 it 320.0 R F 300.0 R \ yd+< 260.0 R 0 240.0 R 220.0 ft ySC ..o 200.0 R ^r0 180.0 fl R•230.00 R=230.00 ft (43) PLAN APPURTENANCES ft (-13) TYPE' ELEVATION TYPE ELEVATION Beacon Soo Side Ughts 250 Jampre JA -MS -16 Ch 43 498-473 Side Ughts 250 JUMD-4/2(8) 450-430 3"X 10' whip 240-230 ALP4 Ch 52 415-400 JSCP4 w/ radomes 215.185 LX 117 whip 280-270 3"x 10' whip 200-190 Side'Ughts 250 3- x 10'whip 160-150 140_0 R 120.0 R . 100_0 R 80.0 R 40.0 R 20.o k 10_0 fl 1.8 fl 5241b 154974 Ib (Axial) 69 kip4n (Torque) SYMBOL MATERIAL STRENGTH GRADE ! 'Fy i Fu' ! GRADE i Fy Fu kum-50 50 ksi 65 ksi A36 36 ksl 58 ksi \ TOWER DESIGN NOTES .'Tower is located in Butte County, California. 2. Tower designed in accordance with the TIA/EIA-222-F Standard. 3. A 90.00 mph 3 -second peak gust ASCE 7-02 wind profile used. . 4. Wind importance factor is 1.00, Exposure B. 5. Tower is also. designed for a 77.94 mph basic wind with 0.50 in ice. 6. 1-1/4" lighting conduit runs full height of tower. 7. Least residual member capacity in percent equals 100% - Tower Rating 8. TOWER RATING: 99% 5741101b 45552 M R=230.00 ft Comm Structure Engrg DE296 Covered Bridge Road Rogue River, OR 97537 www.tower-structures.com Phone: (541) 582-8074 FAX: 541 582-0072 ob'.Magnum 500 ft 42M guyed TV/FM tower 50 & 36 ksi legs v Project Cohasset CA MTI Project No. 18741-07 C"8el' KHSL-TV KNVN-TV - Dave Sie _ Drawn by D. Wa ne Davidso °ppd' Code' TIA/EIA-222-F Dale: 06/06/07 Scale: NTS 1 Dwg No. E-1 r •L 1 F JIMMU reoOacec ly 11wer monf 2nC g -S r CO V, Ora 2 A DEV0, ctsV Y SER tic LAND .OF NATURAL .WEALTH AND BEAUTY PLANNING COMMISSION .7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 PHONE: 338.7601 June 30,. 1988 - - Russel Pope/Gilbert.Houston Golden Empire Broadcasting Company'*.. P.O. Box 489 Chico,'CA 95927. CERTIFIED MAIL Re: Use Permit; AP 56-07-10 Gentlemen: Enclosed is your validated Use Permit No. 88-75 to.allow a 195 ft. communications tower on property zoned 714-5 located on the west side- of.Cohasset Road, 2.2 miles -north of Cohasset School, north of Chico. Should you have any•.questions regarding .this matter, please contact this.office between 10:00.a.m, and 3:00 p.m. Sincerely, 13U TTE ` a, s: COUNTY . A. Ki cher AUG 2 12007 Director of Planning DEVELOPMENT SERVICES BAK:lr Enc. cc: Department of Public Works (2) ' Environmental Health Department of Forestry .? USE PERMIT BUTTE COUNTY .PLANNING COMMISSION June 30, 1988 DATE:.. (Certifie Mail.Rec.) .88-75 PERMIT NO: . 56-07-10 ASSESSOR'S PARCEL NO. Pursuant to. the provisions of.:the .Zoning Ordinance of.the.County:of. Butte and the special .conditions -set forth below: Golden Empire:. Broadcasting Company. is hereby-granted.a Use Permit in accordance with .application filed::. 3/20/89 -to allow -a-195 ft. communications tower on. property zoned TM-5,,located on. the west side of Cohasset Road, 2.2'.: miles north'of Cohasset School; north of. Chico. 1. Failure to comply. with. theconditions specified herein as. .the. basis for approval 'of application and'issuance.'of Permit, constitutes cause ..for the revocation of said permit in accordance with. -the procedures set forth in the Butte County Zoning. Enabling'Ordinance: 2 Unless: otherwise provided for' in"' a condition to -a use permit; all conditions must -be completed by the permittee within 12 ,.months of the delivery of. thecountersigned permit to the permittee. 3. If any use for whicha 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 .be come. -null and void and reapplication shall be required. to establish the use. SPECIAL -CONDITIONS: 1. Agree to pay.deer herd impact fees if.a deer herd fee ordinance is adopted- priorto to issuance of . building. permits.. 2 Remove tower B (see.Exhibit A plot plan). - 3: Dedicate 30 feet of right-of-way from the centerline of Cohasset Road to the County of Butte. 4. Driveway must comply with Butte County standards. 5. Driveway shall be.a minimum of 12 ft. wide. 6. Meet the requirements of the California Department of Forestry. 7. Meet the requirements of FAA including tower lighting, painting, and siting on the lot. 8. Remove -all dead brush,' construction debris, and fire hazardous vegetation prior -to -final inspection by.the Building -Department' 9. Install a. sign:within. 50 ft.'* of the main communication building. and no closer:than 50 ft. from the centerline of Cohasset Road.: identifying KHSL property. The sign.shall be not combustible.'with letters 4 inches high and.. 1/2 inch wide stroke.. :on. contrasting.. hackground. Sign.. shall. 'be clearlyvisible from.. the road .in the immediate vicinity. 'of the. property. Sign may ..be. painted on the building face provided it -meets all the.above conditions: Applicant must. also comply with all other.applica.ble'.State and local. statutes,.ordinances--and regulations. I hereby declare under penalty. of perjury: that I have.., read. the foregoing. conditions, that, they . are. in fact. the -conditions 'which. -were imposed upon the granting -.of this.use permit, and'that.I agree to abide fully by.said.conditions.. Dated Applicant NOTE: Issuance of this Use Permit does not waive. re qui rem ent.of obtaining Building -_and Health Department permits .before starting: construction., nor does it waive.any.other requirements. Butte County Planning Commission Chairman CC:. Department of Public. works (2). Health Department Department.of Forestry y A Nool U a- d' a • Lv�+' Y•ral Nawta 4 I � iY fy I.x . A .. ❑ fid! 4t i Jam\ �_ a �r0 ����• b"*.y/••� •i 1 ��� �\� �Y ` � �• •'.••. •moi '►� /- 4"� lsa ��,0 t i s 3• ,rte` t � \ �!� '° 4 '� � ' ♦ 'vim ...� � �// c •• i • � ' ZtrY t7' �i � V Y /2oa:e GTam� • •��000yd rrP�rf t�tia zvzse• W4� y c /44i Ira e- s O 3 � 4 d Vim.. (L-4 t o v i o AGENT AUTHORIZATION To Butte County, Department of Development Services: Dave Sien KHSL-TV (530) 893-6543 Print Name of Agent PhoneNumber - - 3460 Silverbell Rd. Chico, CA 95973 Mailing Address is hereby authorized to process this application on my/our property, identified as Butte County Assessors Parcel Number(s) 056-070-070-000 and 056-070-080-000 This authori:tlQ,ws,rspresentation for all applications, hearings, appeals; etc. and to sign all documents necessary for >. . said::p o essa�i ;} t including document (s) relating to record title interest. - - - Owner(s) of Record (sign and print name) Evan Edward Barley Print Name (!L�_ Signature Elizabeth Louise Barley Print Name Signature �— 'DAVG- s fa -V Print Name of Applicant (if other than owner) Print Name Signature Print Name Signature Signa of Applicant (iother than owner) ) Print Name of California Civil Engineer/Land Surveyor Phone Number Mailing Address Email Address RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Catamount Broadcasting 3460 Silverbell Road Chico, CA 95973 A.P.N.: 056-070-070-000 and 056-070- 080-000 a007-00 7 535 Recorded I Official Records I County of I Butte I CANDACE J. GRLIBBS I County Clerk-Recorderl I 03:35AN 07-Auq-8007 I REC FEE =x,00 GA Page 1 of 6 Space Above This Line for Recorder's Use Only EASEMENT GRANT DEED This is a conveyance of an easement and the consideration and value is less than $100, R & T 11911 The Undersigned Grantor(s) Dedare(s): DOCUMENTARY TRANSFER TAX $0.00; CITY TRANSFER TAX $0.00; SURVEY MONUMENT FEE $ r 1 computed on the consideration or full value of property conveyed, OR ] computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale, X 1 unincorporated area; ( 1 qty of , and File No.: () FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Evan Edward Barley and. Elizabeth Louise Barley, Trustor(s) and Trustee(s) of the Evan and Betty Barley Family Trust dated August 15, 1996 and Evan E. Barley and Elizabeth Barley, husband and wife hereby GRANTS to Catamount Broadcasting of Chico -Redding, Inc., a Delaware Corporation the following described property in the Unincorporated Area of , County of Butte, State of California: A non-exclusive easement for the construction, installation, maintenance and protection of communication facilities including but not limited to antennae, guy wires, conduits, wires, foundations and security fencing over the attached exhibit "A". Said easement is for the benefit of and appurtenant to that property contained in Deed recorded September 16, 1998, Serial No. 1998-39620. Dated: 07/30/2007 The Evan and Betty Barley Family Trust Evan E. Barley dated August 15, 19 9b + BUTTE Evan Edward Barley, Trustee COUNTY AUG 2 12007 a -4 - a -4-a t4, 124 L.l "S�rrc IDEVELOpMEN Elizabeth Louise Barley, Trustee SERVICES Elizabetb Barley Mail Tax Statements To: SAME AS ABOVE A.P.N.: 056-070-070-000 and 056- 070-080-000 STATE OF )SS COUNTY OF ) Grant Deed - continued File No.:0401-2815212 (]M) Date: 07/30/2007 On h} LU4, (" aao-) , before me, 3 64 Ce_ A • � C V;-� N Not PublicV personIly appeare Q C c i P- .0 /; LC e -)(L' o,9- WN( l personally known to me (or proved to me on the basis of satisfacto evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS.hj+`.fi�r�d and -official seal. Signature My Commission Expires: JOYCE A. a- BROWN COmmis M #F 1647309 NOtory Public - CCEO fika ButtA Courcy Convtt Expires This area for offldal notana/seal Notary Name: 6 Oda c., A. iA C cX cJ Notary Phone: Notary Registration Number: ) % V -7 3 O County of Principal Place of Business: Page 2 of 2 Mid Valley Title & Escrow Company 601 Main Street, Chico, CA 95928 (530)893-5644 - Fax (866)217-5487 ACCOMMODATION RECORDING AGREEMENT File No:0401-2815212 (JM) This Accommodation Recording Agreement (the "Agreement") is made this Thirtieth day of July, 2007 by Catamount Broadcasting of Chico -Redding, Inc., a Delaware. Corporation; Evan E. Barley and Elizabeth Barley, husband and wife and Evan Edward Barley and Elizabeth Louise Barley, Trustor(s) and Trustee(s) of the Evan and Betty Barley Family Trust dated August 15, 1996 (collectively the "Indemnitor"_).in;favpr.of. : Mid Valley Title & Escrow Company ("the Company"). AGREEMENT:' 1. Accommodation Recording Services. The Company will act as a courier in requesting the recording of the Documents (defined in Section 5 below), (the "Documents") as soon as practicable in the Offidal Records of Butte County, which have been delivered by Indemnitor to the Company together with a check in the amount of $tbd payable to the applicable governmental agency for the recordation fees and any applicable documentary transfer fees.* In the event that the check delivered with the Documents is insufficient for any reason, the Company may, but is not required to, advance said fees/taxes and Indemnitor shall promptly reimburse said amounts to the Company. If the Company elects not to advance said fees/taxes, it shall return the Documents to Indemnitor indicating the insufficiency. 2. Acknowledgement. Indemnitor acknowledges and agrees as follows: (a) that the Company has no duty or obligation in any way -to review or examine the Documents or title to the respective property or any obligation to issue title insurance or any other title product to Indemnitor or any third party; (b) that the Company derives no direct or indirect benefit from the recording of the Documents; and (c) that the Company would not perform the accommodation recording of the Documents without this Agreement. 3. Indemnification. In consideration of the Company's recording the Documents as contemplated by this Agreement, Indemnitor jointly and severally waive and release the Company from any and all claims arising out of the Documents and agree to hold harmless,. protect and indemnify the Company from and against any and all liabilities, losses, damages, expenses .and charges including, but not limited to, attorney's fees and expenses of litigation, which may be sustained or incurred by the Company in any way relating to, or arising directly or indirectly out of any accommodation recording requested by Indemnitor, including any claim, action, proceeding, judgment, order or process arising from or based upon or growing .out of the Company's active or passive negligence in connection with the Documents. 4. Attorney's Fees. Indemnitor agrees that if lawsuit shall be brought to enforce this Agreement, Indemnitor will reimburse to the Company all of its attorney's fees. 5. Documents Defined. The documents to be recorded as an accommodation under this Agreement are the following: Document* First Party Second Party Easement Grant Deed Evan E. Barley and Elizabeth Catamount Broadcasting of Barley and. Evan Edward Barley Chico -Redding, Inc.; a Delaware and Elizabeth Louise Barley, Corporation Trustor(s) and Trustee(s) of the Evan and Betty Barley Family Trust ��dated August 15, 1996 /4!1 Indemnitor has executed this Agreement this � day of .. Lk i U t 20 07 . Page 1 of 2 Mid Valley Title & Escrow Company Catamount Broadcasting of Chico -Redding, Inc., a Delaware Corporation The..Evan.azd;Befty;Barley. Family Trust " "- lB - dated UgCl t a3; ' 996 x"A0WJs "T� Evan'Edward Ba ley, Tr tee Eli beth Louise Barley,. Trustee Evan E. Barley Erizat0th Barley File No.: 0401-2815212 (JM) Date: July 30, 2007 *Indemnitor is solely responsible to complete the documentary transfer information on all transfer documents. Page 2 of 2 EASEMENT DESCRIPTION ALL THAT CERTAIN REAL PROPERTY BEING A PORTION OF SECTION 11; T 24 N, R 2 E, COUNTY OF BUTTE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: A PORTION OF PARCEL 2 AS SHOWN ON THAT PARCEL MAP FILED AT THE BUTTE COUNTY RECORDER'S OFFICE AT BOOK 73, PAGE 8 AND 9 ON SEPTEMBER 7, 1979, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST % SECTION CORNER OF SAID SECTION 11 AS SHOWN ON SAID PARCEL MAP; THENCE, NORTH 01'03'25"EAST, A DISTANCE OF 1035.33 FEET; THENCE, NORTH 01°40'29"EAST, A DISTANCE OF 109.83 FEET; THENCE, NORTH 01°04'31"EAST, A DISTANCE OF 54.97 FEET; THENCE, NORTH 01 "01'44"EAST, A DISTANCE OF 144.54 FEET; THENCE, NORTH 88"55'50"WEST, A DISTANCE OF 400.00 FEET;. THENCE, SOUTH 01'04' 10"WEST, A DISTANCE OF 82.81 FEET TO THE TRUE POINT OF BEGINNING; THENCE, NORTH 88 -55'50 -WEST, A DISTANCE OF 87.58 FEET; THENCE, SOUTH'01'04' 10"WEST, A DISTANCE OF 453.81 FEET; THENCE, SOUTH 88°55'50'EAST, A DISTANCE OF 87.58 FEET; THENCE, NORTH 01'04' 10"EAST, A DISTANCE OF 453.81 FEET, TO THE TRUE POINT OF BEGINNING.- EASEMENT EGINNING: EASEMENT CONTAINING 0.91 ACRES MORE OR LESS APN: 056-070-070 (PORTION) EXP. DATE: 03/31/08 P�0 J. MF�� !� v Lu cc No. C2809 m rn It Exp. �F C N OT TO SCALE O O O t\ O tn CD � Ln O .. 3 0 Z P Q LEGEND N88'S5'50'W 400.00 SOI'04'10'W 82.81 v W .P.O.B. ' R "W I:t � .Z APN: -056-070-080 LOCATION OF NEW TRANSMISSION TOWER AND GUY WARES / w a Q o z PROPERTY BOUNDARY - - EASEMENT TRUE POINT OF BEGINNING T.-P.O.B. POINT OF COMMENCEMENT P.O.C. [PREPARED BY: RE tTR0'6N eXW,, 3/31/08 PLAT NOTE: 1141S PLAT DOES NOT CONSTITUTE A LEGAL DESCRIPTION OF THE LOTS OR PARCELS DEPICTED AND DOES NOT SHOW ALL EASEMENTS OF RECORD ON OR AFFECTING SAID LOTS OR PARCELS. EAST j CORNER -SECTION 11 P.O.C. N01'04'31'E 54.57 a 0 b To N M Q r3 � O Z EASEMENT PLAT . A PORTION OF SECTION 11, TOWNSHIP 24 NORTH, RANGE 2 EAST, M.D.B & M. COUN'T'Y OF BUTTE, STATE -OF CALIFORNIA BUTTE CO. APN: 056-070-070 BY THE ENGINEERING GROUP, INC. 1250 EAST AVENUE, SUITE 10 CHICO, CA 95926 PH: (530) 899-0409 FX: (530) 899-0943 JULY 26,2007.' 1 SBMT 1 OF 1 OFFICE OF COUNTY COUNSEL REQUEST FOR LEGAL SERVICES Date Submitted:/ �5/7/I / o y Department: DDS -Planning Phone Number: 6572 Contact Perstacey Jolliffe Phone Number: 6573 PLEASE INDICATE THE TYPE OF ASSISTANCE REQUESTED X_Other. Briefly explain the assistance requested: Review legal aspects of the attached agenda reports for April 10, 2008, Planning Commission meeting: 1. WAV07-0001 (Lotti) 2.VqP08.0002t(Sein!/KHSL)� 3. TPM07-0013 (Romeguera) 4. NEW ERA MINE order to comply continued from 3/13 Minutes from 2-28 PC meeting 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_ Indicate due date when high priority_ Comments: Low Comments should be received no later than Tuesday 04/01/08 to be incorporated into packets for the 04/10/08 meeting. Has this been previously reviewed/or ongoing by County Counsel? ❑ Yes ❑X No If Yes, please provide reference no. or Name of Counsel FOR COUNTY COUNSEL USE ONLY Date Received: Attomey Assigned: Log Out Date: Revised 3/06 BUTTE COUNTY PLANNING COMMISSION NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION AND NOTICE OF PUBLIC HEARING FOR UP08-0002 In accordance with the California Environmental Quality Act (CEQA), Butte County has prepared an Initial Study and is considering the adoption of a Mitigated Negative Declaration for project UP08-0002 for Dave Sien at a public hearing before the Butte County Planning Commission to be held on April 10, 2008, at 9:00 a.m. in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California. Applicant: Dave Sien Project Name: UP08-0002 Planner: Mark Michelena APN: 056-070-080 General Plan: Agricultural Residential Zoning: TM -5 (Timber Mountain, 5 -acre min) Location: The parcel is located on the west side of Cohasset Road, approximately 1 mile north of Mud Creek Road, at 10895 Cohasset Road. Project Description: The project proposes to replace the existing 195 -foot communications tower with analog TV signal with a new 500 -foot digital TV signal transmission tower. The purpose for the replacement tower is to comply with Federal Communication Commission (FCC) requirements to phase out analog television signals and replace with digital signals. On February 1, 2006, Congress passed a law setting the deadline for the transition from analog to digital TV of February 17, 2009. In order to comply with this mandate, KHSL-TV is required to replace all of its broadcasting facilities with more efficient digital technology and equipment. The currently existing tower cannot be retrofitted for digital television. The reason for the proposed increase in height is because the transmission properties between analog and digital transmitters vary. In order to achieve the same amount of coverage from a digital broadcast signal that would be achieved from an analog broadcast signal, an increase in tower height would be required. CEQA requires this notice to disclose whether any listed toxic sites are present on the project site. The project site does not contain a listed toxic site. The Initial Study/Mitigated Negative Declaration (IS/MND), application, and reference documents for this project are on file for public review and comment starting March 10, 2008 through April 8, 2008, at the Butte County Planning Division, 7 County Center Drive, Oroville, California. The IS/MND is also available for review on the County website at www.buttecounty.net/dds and then by selecting Planning, Mitigated Negative Declarations and then the project document. Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above or as may be continued to a later date. 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 call or send an email to Mark Michelena, (530) 538-7376 or mmichelena@buttecounty.net. BUTTE COUNTY PLANNING COMMISSION TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES To be published in the Chico Enterprise Record on Monday, March 10, 2008. 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.buftecountv.net/dds www.buttegeneralplan.net ADMINISTRATION * BUILDING * PLANNING September 18, 2007 Mr. Dave Sien 3460 Silverbell Road Chico, CA 95973 RE: NOTICE OF APPLICATON STATUS —Sien Minor Use Permit Application (MUP07- 0004) Dear Mr. Sien: Thank you for the submittal of additional materials in support of the above referenced application. The project application, use permit and related items have been reviewed by County Agencies in order to determine if the application is complete and contains the information necessary to process the request. Pursuant to Section 65943 of California Government Code, Title.7, Division 1, the above referenced project is deemed complete for processing. Additional Issue: Other issues were discussed at the IDR Committee that did not pertain to application completeness, but may have a factor in the processing of the application. 1. Based on changes in state regulations, Butte County amended its Wireless Communication Ordinance (BCC 24-262). This ordinance allows for co - locations to be approved through an administrative process in the Timber Mountain Zone. In order for us to completely address environmental impacts for all future use of the proposed tower, please provide information on future co -locations, if any, including type, number and location. Environmental review in order to determine what type of environmental document to be conducted will be completed pursuant to the California Environmental Quality Act. Upon conclusion of the environmental document and staff report, the project will be scheduled for action by the Butte County Planning Commission. You will be notified by mail of the date, time, and location of that meeting., Mr. Dave Sien, Minor Use Permit Application Notice of Complete Status of Application September 18, 2007, Page 2 Thank you for your attention to these matters. Should you have any questions concerning this information, please contact me at 530-538-7376. Sincerely, Mark Michelena Senior Planner The Companies BOND NUMBER: ®8374132 THE FIDELITY AND DEPOSIT COMPANY OF MARYLAND PREMIUM: 100.00 COMPLETION BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, CATAMOUNT BROADCASTING,LLC. dba/ KHSL TELEVISION as PRINCIPAL, and THE FIDELITY AND DEPOSIT COMPANY OF MARYLAND a Corporation duly organized under the laws of the STATE OF MARYLAND, and having its principal place of business (branch) at 560 Mission Street, San Francisco, Ca 94105 (415)538-7100 and authorized to do business in the State of California as SURETY, are firmly bound unto: THE COUNTY OF BUTTE, CALIFORNIA hereinafter called OBLIGEE in the sum of: TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the PRINCIPAL has entered into a written agreement with the OBLIGEE for: EMF/RF STANDARDS COMPLIANCE TESTING in accordance with Use Permit #UP -08-002 and BP -08-0492 drawings and specifications Exhibit A, _Paragraph 14 for portions of which agreement are by reference made a part hereof, and are hereinafter referred to as the AGREEMENT. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the PRINCIPAL shall promptly and faithfully complete the one time EMFIRF standards compliance testing set forth under requirements of the, BP -08-0492 and UP -08-0002, Exhibit A, Paragraph 14„ then this obligation shall be null and void, otherwise to remain in full force and effect IN WITNESS WHEREOF, the Principal and the Surety hereunto have set their hands and seals to this instrument on this 24th day of APRIL, 2008. PRINCIPAL: CATAMOUNT BROADCASTING, LLC. [Seal] By: John Stall, General Manager, KHSL Television SURETY: TH TY AND DEPOSIT COMPANY OF MARYLAND [Seal] /\ /, Daniel C. Dufficy AttornevcirfP�ct / State of California _-- �- County of MARIN On this 24th day of APRIL. 2008, before me GAIL ANNE GEARY, a Notary Public in and for the State of California, personally appeared DANIEL C. DUFFICY who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(ies) and that by his signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify Wiyc%ss of Perjury under t�6jTays of the State of California that the foregoing paragraph is true and correct. z G GAIL ANNE GEARY D [seal] Y otary Public A comm. 01686506 A NOTARY PUBUGCAUFORNIA O MARIN COUNT( a My Corm res August K 200 The go Companies BOND NUMBER:08874131 THE FIDELITY AND DEPOSIT COMPANY OF MARYLAND PREMIUM: 308.00 BOND FOR REMOVAL. KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, CATAMOUNT BROADCASTING,LLC. dba/ KHSL TELEVISION as PRINCIPAL, and THE FIDELITY AND DEPOSIT COMPANY OF MARYLAND a Corporation duly organized under the laws of the STATE OF MARYLAND, and having its principal.place of business (branch) at 560 Mission Street, San Francisco, Ca 94105 (415)538-7100 and authorized to do business in•the State of California as SURETY, are firmly bound unto: THE COUNTY OF BUTTE, CALIFORNIA hereinafter called OBLIGEE in the sum of: THIRTY THOUSAND EIGHT HUNDRED DOLLARS ($30,800.00) for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the PRINCIPAL has entered into a written agreement with the OBLIGEE for: TELEVISION TRANSMSITTER TOWER REPLACEMENT in accordance with Use Permit #UP -08-002 and BP -08-0492 drawings and specifications Exhibit A, Paragraph 16 for portions of which agreement are by reference made a part hereof, and are hereinafter referred to as the AGREEMENT. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the PRINCIPAL shall promptly and faithfully complete the tower removal set forth under requirements of the, BP -08-0492 and UP -08-0002, Exhibit A, Paragraph 16„ then this obligation shall be null and void, otherwise to remain in full force and effect IN WITNESS WHEREOF, the Principal and the Surety hereunto have set their hands and seals to this instrument on this 24th day of APRIL, 2008. PRINCIPAL: CATH 0VNT OADCA G, LLC. [Seal] By: John to , era M ser, HSL Television SURETY: THE FID + TY AND DEPOSIT COMPANY OF MARYLAND [Seal] _ Daniel C. Dufficy Atto State of California County of MARIN On this 24th day of APRIL, 2008, before me GAIL ANNE GEARY, a Notary Public in and for the State of California, personally appeared DANIEL C. DUFFICY who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(ies) and that by his signature(s) on the instrument the perces), or the entity upon behalf of which the person(s) acted, executed the instrument. Penalty of 'ury under the of the State of California that the foregoing paragraph is true and correct. and �dicio seal. GAIL ANNE GEARY [seal] 3E otary Public - @bmm. 418i365oe D v `� NCT�R1`f3tl�l�OCALJFOFtN1A MMIN COUNTY 0 1.y corr& trota AL4W30, 2D10 A Page I of I Michelena, Mark From: Jolliffe, Stacey Sent: Wednesday, April 09, 2008 2:56 PM To: Michelena, Mark; Bonham, Tina Subject: FW: Regarding the Digital tower installation at KHSL TV For tomorrow's meeting Stacey Jolliffe Principal Planner, Current Planning Section Butte County Dept. of Development Services 7 County Center Drive Oroville, CA 95969 Phone: 530.538.7541; FAX 530.538.2140 Email: siolliffe@buttecounty.net Webite: www.buttecounty.net/dds From: Dino Corbin[mailto:dcorbin@deercreekbroadcasting.com] Sent: Wednesday, April 09, 2008 2:33 PM To: Jolliffe, Stacey Cc: 'John Stall' Subject: Regarding the Digital tower installation at KHSL TV I am writing in support of the digital tower installation at KHSL TV in Cohasset. I ran Channel 12 for 28 years. I have first hand experience on how vitally important maintaining the operation of channel 12 is through this Analog to Digital transition The conversion to digital broadcasting is mandated by the federal government to be implemented next year. There is also an emergency notification component to this. KHSL TV is a critical link in the national Emergency Alert System. It is imperative that the conversion from the analog system of today to the digital system of next year be seamless as it pertains to the EAS, and Channel 12's ability to provide timely information during periods of local emergencies or the dissemination of critical information to our communities in the 7 county viewing area. I ask that you move forward on the issuance of the permit so that KHSL can move forward on this required digital conversion plan in a timely manner. Thank you for your time and consideration. l7Zst01- C vfilizjt Partner/General Manager DEER CREED BROADCASTING, LLC www.khsi.com www.kmxi.com www.kpay.com www.sportsfan101.7.com www.khhz.com 530-345-0021 4/9/2008 Q' a.oF, ti o��`�EOF PUINp�'et QP STATE OF CALIFORNIA � 9N 0 r GOVERNOR'S OFFICE of PLANNING AND RESEARCH `,4 CSI IFOFN,P - ���F CAUF��a STATE CLEARINGHOUSE AND PLANNING UNIT ARNOLD SCHWARZENEGGER CYNTHIA BRYANT GOVERNOR DIRECTOR April 8, 2008 BUTTE COUNTY APR 0 9 E-0-: Mark Michelena DEVELO PMEN'1 Butte County SERVICES 7 County Center Drive Oroville, CA 95965 . Subject: UP08-0002 KHSL Digital TV Tower (Replacement) SCH#: 2008032019 Dear Mark Michelena: The State Clearinghouse submitted the above named Mitigated Negative Declaration to selected state agencies for review. The review period closed on April 7, 2008, and no state agencies submitted comments by that date. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please call the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. If you have a question about the above-named project, please refer to the ten -digit State Clearinghouse number.when contacting this office. Sincerely, �J Terry Roberts Director, State Clearinghouse 140010th Street P.O. Box 3044 Sacramento, California 95812-3044 (916) 445-0613 FAX (916) 323-3018 www.opr.ca.gov Document Details Report State Clear`'ingliouse Data Base• SCH# 2008032019 Project Title UP08-0002 KHSL Digital TV Tower (Replacement) Lead. Agency Butte County Type MN Mitigated Negative Declaration Description D The project proposes to replace the existing 195 -foot communication tower with analog TV signal with a new 500 -foot digital TV signal transmission tower. The purpose for the replacement tower is to comply with Federal Communication Commission (FCC) requirements to phase out analog television signal and replace it with digital signal. Lead Agency Contact Name Mark Michelena Agency Butte County Phone 530-538-7376 Fax email Address 7 County Center Drive City Oroville -State CA Zip 95965 Project Location County Butte City Region Cross Streets Cohasset Road and Mud Creek Road Parcel No. 056-070-080 Township 24N Range 02E Section 11 Base MDB&M Proximity to: Highways None Airports None Railways None Waterways Rock Creek, West, Middle and East branches of Mud Creek Schools None Land Use Existing Communication Towers (300 ft and 195 ft) and relaed equipment / TM (timber mountain, 5 -acre minimum) / AR (Agricultural Residential) Project Issues Aesthetic/Visual; Agricultural Land; Air Quality; Archaeologic -Historic; Biological Resources; Drainage/Absorption; Flood Plain/Flooding; Geologic/Seismic; Minerals; Noise; Population/Housing Balance; Public Services; Septic System; Soil Erosion/Compaction/Grading; Solid Waste; Toxic/Hazardous; Traffic/Circulation; Vegetation; Wetland/Riparian; Wildlife; Landuse; Cumulative Effects Reviewing Resources Agency; Department of Fish and Game, Region 2; Department of Parks and Recreation; Agencies Department of Water Resources; Caltrans, Division of Aeronautics; California Highway Patrol; Caltrans, District 3; Regional Water Quality Control Bd., Region 5 (Redding); Native American Heritage Commission; Public Utilities Commission Date Received 03/07/2008 Start of Review 03/07/2008 End of Review 04/07/2008 Note: Blanks in data fields result from insufficient information provided by lead agency. March 17, 2008 Mark Michelena County of Butte Office of Planning Department 7 County.Center Drive Oroville, CA 95965-3397 To Whom it May Concern, We received a "Notice of intent to adopt a Mitigated Negative Declaration and notice of Public hearing" for UP08-0002. Due to health issues we will be unable to attend the meeting, but would like to express our views on the project. The property that the current tower and proposed tower sit on was sold to KHSL in about 1952 by the parents of the current owner Elizabeth Barley(Evan and Betty Barley Family Trust). KHSL has been a good neighbor over the past 55+ years and we are sure will continue to be in the future. The property in question, APN: 056-070- 080 is surrounded on 3 sides by property owned by Elizabeth Barley. There are no plans to ever sell the property as it is to remain in the family in perpetuity. Since we would be the most affected by the new tower, we would like to say that we have no negative comments and would like to see the project go forward as quickly and as smoothly as possible: We have deeded KHSL a right of way for anchors and access and the tower will have no negative impacts on the growth of timber on the surrounding land, which is what our property is currently used for and will continue to be used for in the foreseeable future. Sincerely, Elizabeth L. Barley p Clifford Barley 1IUTTE COUNTY MAR 19 Z008 DE VELOPl,IENT SERVICES rr, m 11PARTMENT OF THE AIR FORCE BUTTE HEADQUARTERS 9TH MISSION SUPPORT GROUP (ACC) COUNTY BEALE AIR FORCE BASE, CALIFORNIA KID U 8 2007 MEMORANDUM FOR Butte County Planning Division Attn: Mr. Mark Michelena 7 County Center Drive Oroville, CA 95965 FROM: 9 CES/CC 6451 B Street Beale AFB CA 95903 DEVELOPMENT S-9-IMICES ,t S XTESg1,4F � O 1997 _ 2�T �19 cr-,-r4-7 SUBJECT: Comments on a Development/Land Use Application — KHSL TV Tower Replacement Based upon our review, the subject project should not have an impact on Beale AFB or our mission. The area that Beale AFB is concerned with is defined by airfield imaginary surfaces. Objects that break through these surfaces are considered obstacles. The tower in question is 500 feet tall and is approximately 46 miles north of the edge of our imaginary surfaces; therefore, it will not break any of our imaginary surfaces. Attachment: Site Map J J�R-IFFIN, ol, USAF ommander, 9th Civ' Engineer Squadron Gloda(Power for America =-C 99 v�r�,rm K::' -T -32 Forejst � rR,ar,Ch 84a[ -a P.a, fW s S ate l Valle RocreGiOA eaLakedoville 4ovi1le�,� soii '1 le � - r r If Butte County Department of Development Services TIM SNE4LINGS, 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 ADMINISTRATION * BUILDING * PLANNING August 30, 2007 TO: California Department of Forestry FROM: Mark Michelena, Butte County Planning Division SUBJECT: Request for Comments on a Development/Land Use Application APPLICANT: Dave Sien, MUP07-0004 APN: 056-070-080 DATE OF Inter -Departmental Review: 9/12/07 IDR RESPONSE REGARDING 9/12/07 COMPLETENESS OF APPLICATION DUE BY: AGENCY/DEPARTMENT CONDITIONS/MITIGATION MEASURES DUE BY: 9/27/07 BUTTE COUNTY SEP 11 2007 DE SERVC CE N The Planning Division has received a project application as described below. This application is being provided to you for review. This is your opportunity to make comments regarding the completeness of this application, to be determined at the Inter -Departmental Review (IDR) Committee meeting on 9/12/07, and/or to recommend conditions and/or mitigation measures relevant to your agency's/department's area of expertise and jurisdiction. PROJECT DESCRIPTION: (8/21/2007 13:43 CPT) Replacement of existing 195 ft tower with 500 ft tower for broadcasting digital television. The parcel is located on the west side of Cohasset Road, approximately 1 mile north of Mud Creek Road, at 10895 Cohasset Road.. COUNTY SUPERVISOR DISTRICT NO.: 3 ZONING: TM -5 (Timber Mountain, five -acre parcels), GENERAL PLAN: AR If a response cannot be submitted prior to the due dates listed above, please call Mark Michelena at 530-538-7376 or send him an email at <undefined value>. You do not have to respond to this request if you have no comments to include. Thank you for your attention to this matter. Please return response to project planner. IDR COMMITTEE — APPLICATION COMPLETE ❑ No Name: Date: es Name: A4 Date: �� 0 F:\Planning\PROJECTS\Trakit Merge Documents\REQUEST FOR COMMENTS.doc Butte County Depoment 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 September 6, 2007 To: Inter -Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: Dave Sien, MUP07-0004 Planner: Mark Michelena APN: 056-070-080 Location: (8/21/2007 13:43 CPT) Replacement of existing 195 ft tower with 500 ft tower for broadcasting digital television. The parcel is located on the west side of Cohasset Road, approximately 1 mile north of Mud Creek Road, at 10895 Cohasset Road. 30 -Day Complete September 20, 2007 Date of IDR September 12, 2007 This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps, has been sent to Environmental Health, 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 September 12, 2007. 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? ® 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. No Comments (PLEASE SEND YOUR RESPONSE TO: <undefined value>) Signature: E. Schroth Department: Public Works Date: 8/31/07 K:/Planning/Projects/A New File/IDR Memos/IDR Completeness 8/30/05 Butte County Depament 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 August 30, 2007 To: Inter -Departmental Review Committee Subject: Evaluation and Completeness of Application Applicant: Dave Sien, MUP07-0004 Planner: Mark Michelena APN: 056-070-080 Location: (8/21/2007 13:43 CPT) Replacement of existing 195 ft tower with 500 ft tower for broadcasting digital television. The parcel is located on the west side of Cohasset Road, approximately 1 mile north of Mud Creek Road, at 10895 Cohasset Road. 30 -Day Complete September 20, 2007 Date of IDR September 12, 2007 This application is being provided to you for comments. Please see attached documents. A hard copy of the application, including maps, has been sent to Environmental Health, 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 September 12, 2007. Do you find this application complete? X Yes. Conditions and/or mitigation measures are attached or will be provided at the IDR meeting. No apparent adverse agricultural issues, no other conditions or mitigating measures. Signature: Rp6ert C. 9fiX Pepu y,&. Commissioner Department: Agriculture Date: August 30, 2007 K:/Planning/Projects/A New File/IDR Memos/IDR Completeness 8/30/05 COUNTY OF BUTTE OROVILLE, CALIFORNIA s u P Chico Enterprise Record P P.O. Box 9 L Chico, CA 95927 I Account number 016410 E R FIELD NUMBER PURCHASE ORDER F 08-250 Issued By Department DEVELOPMENT SERVICES PLANNING 1) s Sys u -I o$ DATE QNTY INVOICE NUMBER AND DESCRIPTION AMOUNT CHARGE TO W. 0. # 3/5/08 NOTICE TO THE PUBLIC 1'93 QG 440-001-537 PLEASE FURNISH TWO COPIES OF THE AFFIDAVIT OF PUBLICATION AND TEAR SHEET BUTTE COUNTY PLANNING DIV. 7 COUNTY CENTER DRIVE OROVILLE, CA 95965 ATTENTION - Tiffany Upton 538 5260 To be published in the Chico ER on 3/10/08 Legal Notice for Dave Sien UP08- d002' TOTALI I $31x6 I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or delivered or, where authorized, are hereby contracted for d tha re is a Budget Appropriation for the same. -3/1,111erl F 08-250 It Dated: Department Head or Authorized Deputy V0636 SUPPLIER NO. DEPT ACCOUNT NO. PROJECT NO. INVOICE NO. INV. DATE ENCUMBRANCE AMOUNT 1 2 3 4 5 6 BUTTE COUNTY PLANNING COMMISSION NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION AND NOTICE OF PUBLIC HEARING FOR UP 08-0002 In accordance with the California Environmental Quality Act (CEQA), Butte County has prepared an Initial Study and is considering the adoption of a Mitigated Negative Declaration for project UP 06-13 for William Sittman at a public hearing before the Butte County Planning Commission to be held on April 10, 2008, at 9:00 a.m. in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California. Applicant: Dave Sien Project Name: UP08-0002 Planner: Mark Michelena APN: 056-070-080 General Plan: Agricultural Residential Zoning: TM -5 (Timber Mountain, 5 -acre min) Location: The parcel is located on the west side of Cohasset Road, approximately 1 mile north of Mud Creek Road, at 10895 Cohasset Road. Project Description: The project proposes to replace the existing 195 -foot communications tower with analog TV signal with a new 500 -foot digital TV signal transmission tower. The purpose for the replacement tower is to comply with Federal Communication Commission (FCC) requirements to phase out analog television signals and replace with digital signals. On February 1, 2006, Congress passed a law setting the deadline for the transition from analog to digital TV of February 17, 2009. In order to comply with this mandate, KHSL-TV is required to replace all of its broadcasting facilities with more efficient digital technology and equipment. The currently existing tower cannot be retrofitted for digital television. The reason for the proposed increase in height is because the transmission properties between analog and digital transmitters vary. In order to achieve the same amount of coverage from a digital broadcast signal that would be achieved from an analog broadcast signal, an increase in tower height would be required. CEQA requires this notice to disclose whether any listed toxic sites are present on the project site. The project site does not contain a listed toxic site. The Initial Study/Mitigated Negative Declaration (IS/MND), application, and reference documents for this project are on file for public review and comment starting March 10, 2008 through April 8, 2008, at the Butte County Planning, Division, 7 County Center Drive, Oroville, California. The IS/MND is also available for review on the County website at www.buttecounty.net/dds and then by selecting Planning, Mitigated Negative Declarations and then the project document. 0 0 Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above or as may be continued to a later date. 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 call or send an email to Mark Michelena, (530) 538-7376 or mmichelena@buttecounty.net. BUTTE COUNTY PLANNING COMMISSION TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES To be published in the Chico Enterprise Record on Monday, March 10, 2008. ADVERTISING INVOICE STATEMENT CHICO ENTERPRISE RECORD 400 EAST PARK AVE. (P.O. BOX 9) CHICO, CA 95927 530-891-1234 ACCOUNT: 016410 Butte County Department of Development Services 7 County Center Dr. Oroville, CA 95965 NOTICE OF INTENT PO [F 08-250] PUB. MARCH 10, 2008 18" (1,310.07/inch $181.26 INTERNET CHARGE $2.00 TOTAL DUE $183.26 Sierra Sunrise Condo 26d126a Real Estate 382 in lots f00's 11 WAILABL'E NOWT �`' M''�'"°° ?lake Marsh' long ?' proven 1 Duck- �asant Club. Several xlnt. cond., Ig? style` house, 5 Fall, year'county J. -West side State uge, :Willow'+area, 'for brochure '916- ADS•really,-w one today, ' EFFECTIVE, IMMEDIATELY State law makes it illegal'to express or imply discrimination against'members of a protected class,in any , advertisement. The Enterprise- Record/Mercury- Register - will . not accept advertising copy that contains self or ' .tenant descriptions In terms 386 „�. y,.,....,,,.,..,.,.......,. origin, race, religion; disability, sexual ori- entation, age or ;source of income. F B'utte'Meadows Cabin on 2.65 ac. GREAT DEAL. •` Estate Home�;,46d/31ia.. � Tile &granite ' throughout: 3073 sq. ft., ..NEN! STING! ' VERY;,VERY nice! This home is' beautiful! Lg. open family ' room makes this home feel ^larger:than•it is.;Huge kitchen & dining.`Beau, tiful, the throughout, wood.floors, stone fire- Jlace, crown molding & sw maintenance y9r . -m V vCni�`T'!� n rvI Tl IUI I ie �on 10 level actes. May trade equity for smaller homeopportunity here! $475,950. Kelly, Broker 896-0525 Mobile.Hon es ,'f X388 '65 DOUBLEWIDE; 2bd (360)-, 2ba..$:12K.obo ,+space rent $389. Ren ovated: Foothills• M/H Park, nea'r'Butte Col` - lege (main) 518-9882. MODULAR ;HOME. ,iti park; Chicc.1006 sq.ft:; $29;000; - OW'C .:w/ down 530-521-8915. • i AUTOMOTIVEi, , ., '00 ii`HARLEY �Sportster;�4` g 5600 mi, winds ,seat, $6500.5t? NOTICE OF INTENTTO ADOPT A'MITIGATED NEGATIVE DECLARATION AND. �w NOTICE OF PUBLIC HEARING FOR UP 08-0002 1• f Inaccordance with the California Environmental Quality Act (CEQA), Butte County has prepared an Ink t tial Study and is considering the adoption of a Mitigated Negative Declaration for project UP 06-13 for 4William Sittman at a public hearing before the Butte County Planning Commission to be held on April 10, t 2008, at 9:00 a.m. in the Butte County Board of Supervisors' Room, County Administration Center, 25 ;County Center Drive, Oroville, California. s Applicant: Dave Sien Project Name: UP08-0002 Planner: Mark Michelena APN: 056-070-680 General Plan: Agricultural Residential Zoning: TM -5 (Timber Mountain, 5 -acre min) Location: The parcel is located on the west side of Cohasset Road, approximately 1 mile north of Mud Creek Road, at 10895 Cohasset Road. I Project Description: The project proposes to replace the existing 195 -foot communications tower with analog TV signal with a new 500 -foot digital TV signal transmission tower. The purpose for the replace- ment tower is to comply with Federal Communication Commission (FCC) requirements to phase out analog television signals and replace with digital signals. On February 1, 2006, Congress passed a law setting the deadline for the transition from analog to digital TV of February 17, 2009. In order to comply' with this mandate, KHSL-TV is required to replace all of Its broadcasting facilities with more efficient digs s tal technology and equipment. The currently existing tower cannot be retrofitted for digital television. The f reason for the proposed increase in height Is because the transmission properties between analog and + digital transmitters vary. In order to achieve the same amount of coverage from a digital broadcast signal that would be achieved from an analog broadcast signal, an increase in tower height would be required. I CEQA requires this notice to disclose whether any listed toxic sites are present on the project site. The project site does not contain a listed toxic site. The Initial Study/Mitigated Negative Declaration (IS/MND), application, and reference documents for this project are on file for public review and comment starting March 10, 2008 through April 8, 2008, at the t Butte County Planning Division, 7 County Center Drive, Oroville, California. The IS/MND Is also available for review on the County website at ww`w.buttecounty.neUdds'and then by selecting Planning, Mitigated t Negative Declarations and then,the.goject document. PO [F08-250] Publish: 03/10/2608 'IrucKS: AV010—DMV-' penalties. _Chico 343- 5590 or Oroville 533- 0717, .Lic. Dismantler, Chico Self Serve Autos, Trucks Wanted 420 WE PICK up all unwant- ed vehicles for free: Se habla espanol. , ''Los - :Amigos ,Towing,. 530- 749-9285 or 870-2562." Classic/Collector . - .. . Vehicles. ' 425 '72;CHEVY.3 Dr`., Sub., - V -8, auto, P/S, P/B, rally wheels. $4000 obo 891-3602 or,1521- . .5124. '67;ROLLS-ROYCE Sil- -li nShadow,Sedan. All original: Nicel Priced at $12,000 ,.for a quick _ sale..514-6730. Domestic Trucks, ;A Vans' ' .,430.- '06- CHEVY -1500 ext. ,.cab 2WD $16,765, 5.3V8 two=tone paint,- LT #144448.1 .' McConnell 'Chevrolet Gridley800-655=2414 t''•' '04 CHEVY 250OHD ext.'' 4z4�$23,�188', Duramax (SPACE FOR FILING STAMP ONLY) IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF BUTTE In The Matter Of NOTICE OF INTENT.., AFFIDAVIT OF PUBLICATION State of California SS. County of Butte The undersigned resident of the county of Butte, State of California, says: That I am, and at all time herein mentioned Was a citizen of the United States and not a party To nor interested in the above entitled matter; That I am the principal clerk of the printer and Publisher of fl - The Chico Enterprise -Record The Oroville Mercury -Register That said newspaper is one of general circula- Tion as defined by Section 6000 Government Code of the State of California, Case No. 26796 By the Superior Court of the State of California, In and for the County of Butte; that said newspa- � Per at all times herein mentioned was printed—. And published daily in the City of Chico and County of Butte; that the notice of which the Annexed is a true printed copy, was published in Said newspaper on the following days: MARCH 10, 2008. Dated March 10, 2008. At Chico, California. n/ LI nA A j\, - (Signature) NO: r U No. In the Matter of 0 Affidavit of Publication --of-- r Ir -1 .......... Treasu rer ...... s Tracks ng#0 ................... DOCUMENT SAFEKEEPING REQUEST TO: TREASURER'S OFFICE —ATTN: Colleen Bottini DATE: October 1, 2008 FROM: Development Services, Mary Keiser CONTACT PHONE: (530) 538-5260 SUBJECT: Transmittal of Document(s) for Safekeeoina in the Treasurer's Vault Please place in the safe of the Treasurer's Office for safekeeping until release to the above department is authorized. Document (Check one): ❑ Performance Bond ❑ Surety Bond ❑ Bank Deposit ❑ Irrevocable Letter of Credit []CD Other: ® Removal Bond Document Number: Dollar Amount: Document Date: Maturity Date: Renewal Terms: Non -renewal Notice Period: 08874131 $30,800.00 April 24, 2008 In effect until completion of Tower Removal Project(s)/Permit(s): Ul9011 UP08-0002 & B08-0492 056-070-080 Property owner/Principal: Catamount Broadcasting Purpose: Tower Removal Bank / Surety Company: Fidelity & Deposit Company of Maryland Authorized for Safekeeping By: r _/0 K Mary Keiser Office Specialist, Sr. Signature Date Name and Title Release Authorized By: Signature Date Received By: Signature Date Document(s) attached cc: Auditor's Office — Karen Koenig File Name and Title Name and Title Instructions: Do not combine different types of documents on one form. Bring original document with this form and sufficient copies for departmental distribution to the Treasurer's Office. Retain a copy of the original documents with a copy of this form showing the tracking number assigned by Treasurer's Office. 1 J.,, The o Companies BOND NUMBER: ®8874131. THE FIDELITY AND DEPOSIT COMPANY OF MARYLAND PREMIUM: 308.00 BOND FOR REMOVAL KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, CATAMOUNT BROADCASTING,LLC. dba/ KHSL TELEVISION as PRINCIPAL, and THE FIDELITY AND DEPOSIT COMPANY OF MARYLAND a Corporation duly organized under the laws of the STATE OF MARYLAND, and having its principal place of business (branch) at 560 Mission Street, San Francisco, Ca 94105 (415)538-7100 and authorized to do business in the State of California as SURETY, are firmly bound unto: THE COUNTY OF BUTTE, CALIFORNIA hereinafter called OBLIGEE in the sum of. THIRTY THOUSAND EIGHT HUNDRED DOLLARS ($30,800.00) for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the PRINCIPAL has entered into a written agreement with the OBLIGEE for: TELEVISION TRANSMSITTER TOWER REPLACEMENT in accordance with Use Permit #UP -08-002 and BP -08-0492 drawings and specifications Exhibit A, Paragraph 16 for portions of which agreement are by reference made a part hereof, and are hereinafter referred to as the AGREEMENT. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the PRINCIPAL shall promptly and faithfully complete the tower removal set forth under requirements of the, BP -08-0492 and UP -08-0002, Exhibit A, Paragraph 16„ then this obligation shall be null and void, otherwise to remain in full force and effect IN WITNESS WHEREOF, the Principal and the Surety hereunto have set their hands and seals to this instrument on this 24th day of APRIL, 2008. PRINCIPAL: CAT70VN- T-RTADCA,�`//fNG, LLC. [Seal] // By: Television SURETY: THE FID TY AND DEPOSIT COMPANY OF MARYLAND [Seal] Daniel C. Dufficy Attora State of California County of MARIN On this 24th day of APRIL, 2008, before me GAIL ANNE GEARY, a Notary Public in and for the State of California, personally appeared DANIEL C. DUFFICY who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(ies) and that by his signature(s) on the instrument the perces), or the entity upon behalf of which the person(s) acted, executed the instrument. Penalty of 'ury under the of the State of California that the foregoing paragraph is true and correct. (rTand Oiciql seal. GAIL ANNE WaY [seal] 3E Notary Public Whim, 44666&* D ktfARY Rel@UQ-0ALF0F*" < Id9RIN @®urrry 0 c h*M30.20to A r Treasurer s Tracking#.�- DOCUMENT SAFEKEEPING REQUEST TO: TREASURER'S OFFICE — ATTN: Colleen Bottini DATE: October 1, 2008 FROM: Development Services, Mary Keiser CONTACT PHONE: (530) 538-5260 SUBJECT: Transmittal of Document(s) for Safekeeping in the Treasurer's Vault Please place in the safe of the Treasurer's Office for safekeeping until release to the above department is authorized. Document (Check one): ❑ Performance Bond ❑ Surety Bond ❑ Bank Deposit ❑ Irrevocable Letter of Credit ❑ CD Other: ® Completion Bond Document Number: 08874132 Project(s)/Permit(s): Dollar Amount: $2,500.00 APN: Document Date: April 24, 2008 Maturity Date: In effect until completion of EMF/RF Standards Compliance Testing Renewal Terms: Non -renewal Notice Period: Authorized for Safekeeping By: ,)jzaj�L l b� Signature VDate Release Authorized By: Signature Date Received By: Signature Date Document(s) attached cc: Auditor's Office — Karen Koenig File UP08-0002 & B08-0492 056-070-080 Property Owner/Principal: Catamount Broadcasting Purpose: Completion of EMF/RF Standards Compliance Testing Bank / Surety Company: Fidelity & Deposit Company of Maryland Mary Keiser Office Specialist, Sr. Name and Title Name and Title Name and Title .Instructions: Do not combine different types of documents on one form. Bring original document with this form and sufficient copies for departmental distribution to the Treasurer's Office. Retain a copy of the original documents with a copy of this form showing the tracking number assigned by Treasurer's Office. 1 The o Companies BOND NUMBER: 088741.32 THE FIDELITY AND DEPOSIT COMPANY OF MARYLAND PREMIUM: 100.00 COMPLETION BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, CATAMOUNT BROADCASTING,LLC. dba/ KHSL TELEVISION as PRINCIPAL, and THE FIDELITY AND DEPOSIT COMPANY OF MARYLAND a Corporation duly organized under the laws of the STATE OF MARYLAND, and having its principal place of business (branch) at 560 Mission Street, San Francisco, Ca 94105 (415)538-7100 and authorized to do business in the State of California as SURETY, are firmly bound unto: THE COUNTY OF BUTTE, CALIFORNIA hereinafter called OBLIGEE in the sum of: TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the PRINCIPAL has entered into a written agreement with the OBLIGEE for: EMF/RF STANDARDS COMPLIANCE TESTING in accordance with Use Permit #UP -08-002 and BP -08-0492 drawings and specifications Exhibit A, Paragraph 14 for portions of which agreement are by reference made a part hereof, and are hereinafter referred to as the AGREEMENT. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the PRINCIPAL shall promptly and faithfully complete the one time EMF/RF standards compliance testing set forth under requirements of the, BP -08-0492 and UP -08-0002, Exhibit A, Paragraph 14„ then this obligation shall be null and void, otherwise to remain in full force and effect IN WITNESS WHEREOF, the Principal and the Surety hereunto have set their hands and seals to this instrument on this 24th day of APRIL, 2008. PRINCIPAL: CATAMOUNT BROADCASTING, LLC. [Seal] By: John Stall, General Manager, KHSL Television SURETY: TH + TY AND DEPOSIT COMPANY OF MARYLAND [Seal] /-\\ A Daniel C. Dufficy A State of California County of MARIN On this 24th day of APRIL, 2008, before me GAIL ANNE GEARY, a Notary Public in and for the State of California, personally appeared DANIEL C. DUFFICY who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(ies) and that by his signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify der Pe y of Perjury under t s of the State of California that the foregoing paragraph is true and correct. Wiyr%ss and o al seal. // GAIL ANNE GEARY D [seal] GAI - GE Y otary Public m COMM. 31688506 1 NOTARY PUBUC CAUFORNIA 0 MAPJN COUNTY My cormL Er res Abut 38 7D1A OUTTE COUNTY RECEI* 7 County Center Drive Oroville, CA 95965 Department of Development Services Phone (530) 538-7541 Fax (530) 538-2140 Receipt Number: P967 Permit Number: UP08-0002 Job Address: 10895 COHASSET RD Applicant: Dave Sien Printed: 6/26/2008 10:09 am Fee Description Account Number Fee Amount DP Fish/Game - Negative Dec 1001-0-280-1011460 $76.75 ✓ DPE14LUP Use Permit 0021-540013-4614901-10101 $219.60 DPFPP Use Permit 0100-450001-4617240-10101 $180.60 DPLDRF Use Permit DP Use Permit 0010-440004-4611700-10101 0010-440001-4210900-10101 $86.00 $1,038.90 ✓ Deposit for PMC 0010-440001-4210900-10101 $4,100.00 ✓ Total Fees Paid: Date Paid: 1/28/2008 Paid By: CATAMOUNT BROADCASTI, Pay Method: Check Received By: AAM $5,701.85 Receipt Number: P957 OUTTE COUNTY RECEIS Printed: 6/26/2008 7 County Center Drive 10:09 am Oroville, CA 95965 Department of Development Services Phone (530) 538-7541 Fax (530) 538-2140 Permit Number: UP08-0002 Job Address: 10895 COHASSET RD Applicant: Dave Sien Fee Description Account Number Fee Amount DP Fish/Game - Negative Dec 1001-0-280-1011460 $1,800.00 ✓ DPCR Record Fee Notice of Dtrm DPAG Use Permit 0010-470001-4612319-10101 0010-460001-4612200-10101 $50.00 $32.50 DPEHLUP Use Permit 0021-540013-4614901-10101 $217.40 DPFPP Use Permit 0100-450001-4617240-10101 $194.70 DPLDRF Use Permit DP Use Permit 0010-440004-4611700-10101 0010-440001-4210900-10101 $96.00 $2,204.00 ✓ Publishing Deposit 0010-440001-4210900-10101 $151.00 ✓ Total Fees Paid: Date Paid: 8/21/2007 Paid By: Dave Sien Pay Method: Check Received By: TMU $4,745.60 �1988 Towbeing rel ^ —M- Replacment 2007 o . • X12 KHSL-TV 3460 Silverbell Rd. Chico, CA 95973 530-342-0141 fax 530-342-4905 Justification Statement for Cohasset Replacement Tower 8/7/2007 The Federal Communication Commission is phasing out Analog Television. Congress passed a law on February 1, 2006 setting the deadline for the transition from Analog to Digital TV of February 17, 2009. In order to comply with this mandate, KHSL TV is required to replace all it's broadcast facilities with new more efficient digital equipment. Accomplishing this will require the replacement of our existing tower located at 10895 Cohasset Rd. This area of the Cohasset ridge is considered an Antenna Farm and is home to several TV, FM, and communication towers. KHSL- TV has served the Northstate since 1953, and the tower for the present Ch -12 antenna was installed at Cohasset in 1956. The current Ch -12 tower cannot be retrofitted for Digital Television so an alternative tower is required. . On June 3& 1988, Butte County issued a Use Permit # 88-75 to KHSL-TV (Golden Empire Broadcasting) for construction of a 195 -foot tower to be located at 10895 Cohasset Road, Assessor's Parcel # 56-07-10. This tower now supports a temporary Digital TV antenna but is not of sufficient size or structure to support the full power Digital Antenna and equipment required to provide the viewers in the Northstate with an acceptable quality of signal. KHSL-TV proposes to replace the old 1988 angle -iron tower with a modern guyed tower made of solid galvanized steel with a 42" face. This structure will insure the public will be able to receive free over -the -air television programming for the future. This transmitter operates 24 hours per day and supplies two TV channels from a single transmitter. On May 16, 2007, the FCC granted KHSL-TV a construction permit to install a tower 152.4 meters above ground level at 10895 Cohasset Rd, 39-57-28.6 North Latitude, 121-42-52.9 West Longitude, FCC file number BPCDT-20070124AKD. The FAA on 4/24/2007 registered the tower structure ASR# 1258123. KHSL-TV has secured an easement from the adjoining property to contain the necessary guy wires for the replacement tower. The RF power for KHSL-DTV is 235 kW ERP (the old Analog Ch -12 is 317 kW ERP). Due to the more efficient nature of the Digital signal, less power is required for the DTV transmitter than the older Analog transmitters. This results in RF field strength at ground level of 4.1 pW/cm2, which amounts to less than 1 % of the permitted exposure level. Alternative locations for such an installation are not feasible since TV stations need to be co - located for viewer convenience and this location has already been designated an Antenna Farm. This tower's timely construction is necessary to meet the FCC's digital requirement and will provide free TV and Emergency Alert information to over 500,000 viewers in this area of California. All support equipment for the Digital TV transmission is currently located near the proposed replacement tower's location. 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Ir�Qii�vo i?o !!r; �� .noiisoej �'`�Civ.rJ� in:�m5wstq;,1 K. 0. •I ' LEGEND: PROJECT BOUNDARY LINE EXISTING FENCE EXISTING BUILDING ENVELOPE CENTERLINE RIGHT OF WAY EASMENT EXISTING CONCRETE EXISTING TREE EXISTING GUY WIRE EXISTING UTILITY POLE EXISTING WELL ESISTING MONUMENT UTILITY LINE GUY LINE PROPOSED STRUCTURE PROPOSED FENCE PROPOSED GUY LINE PROPOSED GUY WIRE TELECOMMUNICATIONS FACILITY EASMENT ASSESSOR'S PARCEL NUMBER (APN) 1 mm I t 1 1 t 1• 050�O7 A, 9/20/0 7 \ \ EVKN EDWAR D"BA-91---�Y, TRUSTEE FOR APN: 056-070-070 ELIZ BETH BARLEY, ITRUSTEE FOR APN: 056-070-070 TI lMTH Y C. WOOD, R.C.E. 61779 CIVIL ENGINEER THE ENGINEERING GROUP y� REGISTRATION EXPIRATION: 06/30/09 W Design: TCW Drawn: AF Checked: TCW Approved: TIMOTHY CHRISTENSEN WOOD R.C.E. 61779 Date: JUNE 29, 2007 Rmriston R.C.E 61779 EXP. 06/30/09 CIVIL. NOTE: ELEVATIONS ARE BASED ON ASSUMED LOCAL DATUM VICINITY MAP NTS Date By CATAMOUNT COHASSET SITE KHSL DIGITAL TELEVISION TOWER PLAN EXISTING SITE LAYOUT WITH PROPOSED REPLACEMENT TOWER yam, I I 0 0 0 of Lu 0 �I co U) I i I I Do I By: G APPROVED %I /o,:o608 BUTTE COU,`TV I AUG 2 12007 x / ` DEVELOPNIEN'I SERVICES ..�0fl,00' THE ENGINEERING GROUP, INC.SCALE: Job No. 1590 1250 EAST AVENUE CHICO, CA 95926 V = 30' N/A (530)899-0409 FAX(530)899-0943 TAL ��C�►L HORIZON 1 Sheet of v