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HomeMy WebLinkAboutUP 09-00119 f Clerk -Recorder's Department .County of Butte CANDACE J. GRUBBS County Clerk -Recorder 1 FISH AND GAME CLERKS FEE50.00 --------- - - ----- -___ TOTAL 50.00 JOURNAL , 50.00 CHANGE ---------------- -- 0.00 TC 09/10/2013 10:34AM 2013091000063 ECR-REC-O6 Thank You y! Have ----------- a -Nice Da------ - - Requested By: - B.C. Development Services + 0 - e80PFk %` -`t*a6uvnc)VIIKAJJZ)3TAT2 YonsgA 2soTuoasSi Isw'.sVl—sfmoiilsO io sfsi2 0 `. 3 ilia -i W amf,421:j -jO TW3MTQA930 T9133359 H8A3 33:1 aWUR JATl43Wjlrlt;,qfyM3`ttog yJiJn3 stsvh9.(xad cSshgol�gs Aaoc1;,) TLtA31�g9A '03LOA ' ❑ �nsgp eJsJ2 (] Johlzi0 Isiosg2 Tsrito ❑ JohiziO Ioorta2 • ` �tonsgAoildu9.trooJ i) E cS.aee'sa :233 3J$A3JJ99A X33H3 E d4.8ct,SE (,113) hogeA Josqml I5Jnsmnolvn3 ❑ E (OLIM)(CIA) nolfmclosO evilaQ Ibsisgom Ll OO.00S$� 1�n0 bnsoe ImtaoO zemua2e91+ai¢Vd e1si2} noi2:GviQ i91sW es -1 noUsoilggA ❑ U E(9fl0) ams,grn9 roJslup.9 be hs0 of Jos(au2 aJ3^(°jq., ❑ I —. eeaevdalfeinimbAy1nuo LF asst m(n) Jgmsxe ei JtriJ Joetoi4 ❑ n00gmsx3 to soitoW Q (berlosJJA tmo9) noiJsnimTstsa Jostt3 off Wq0 ❑ k E '0-W303391ATOT = tsriJO:d0HT3MTMTIYA9 I ,�..,.,. AosdO ❑ tiliolO ❑ . • ,iF,s0 Q 11 (St',ff . aA) e2. cNG NA3JG YTWM -GOAM30 Da --------------------------- lu T— Ix .1 YON3aqOA3J-Nyll9 W.AIW90-MMY TVA ?IJ=19A7.731OS19.3TIMry I I State of California—Natural Resources Agency • DEPARTMENT OF FISH AND WILDLIFE 2013 ENVIRONMENTAL FILING FEE CASH RECEIPT U - STATE CLEARING HOUSE # (/applicable) SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY LEADAGENCY �; \ i` DATE' COUNTY/STATEAGENCYOFFILING i" DOCUMENTNUMBER PROJECTTITLE PROJECTAPPLICANT NAME PHONENUMBERi PROJECTAPPLICANTADDRES§ CfTY STATE ZIP DE PROJEC,TVAPPLICANT (Check appropriate box).- ox).❑`' ES'Local Public Agency ❑ School District ❑ Other Special District ❑ State Agency ❑ Private Entity CHECK APPLICABLE FEES: ❑ Environmental Impact Report (EIR) $2,995.25 $ ❑ Mitigated/Negative Declaration (ND)(MND) $2,156.25 $ ❑ Application Fee Water Diversion (State Water Resources Control Board Only) $850.00 $ ❑/ Projects Subject to Cert'fied Regulatory Programs (CRP) $1,018.50 $ ❑�CountyAdministrative Fee $50.00 $ /1 ❑ Project that is exempt f-om fees ❑ Notice of Exemption ❑ DFW No Effect Determination (Form Attached) ❑ Other $ PAYMENT METHOD: ❑ Cash ❑ Credit ❑ Check u Other�;' `' TOTALRECEIVED $� SIGNATURE = TITLE WHITE -PROJECT APPLICANT YELLOW -DFW/ASB PINK-LEADAGENCY GO�lDENROD-GOUNTYCLERK DFG753.5a(Rev.11/12) NOTICE OF DETERMINATION TO: ® Butte County Clerk ❑ Office of Planning and Research 25 County Center Drive PO Box 3044 or 1400 Tenth Street Oroville, CA 95965 Sacramento, CA 95812-3044 Sacramento, CA 95814 FROM: Butte County Department of Development Services, Planning Division 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: 068-150-099 Project Title: UP09-0011, USE PERMIT: _ Applicant: Complete Wireless Consult, Inc 2009 V Street, SACRAMENTO, CA 95818 Contact Person: Stacey lolliffe . :Telephone Number: 538-7601 Project Description: A request by Complete Wireless Consulting Inc. for a use permit to add 12' to an existing 122.4' PG&E transmission tower(tower #189465) for collocation/utilization.as.a. wireless communications facility. The addition will accommodate a total of twelve (12) new antennas at a proposed height of 130.4 feet.. In addition, two (2) proposed microwave dishes and a•192'sq'ft equipment shelter'within the footprint of the tower are proposed. Setback. modifications per Butte County Code section 24-262 (g) are requested.. Project Location: north side of Olive Highway (162) at its intersection with Tyme Way, Oroville State Clearinghouse Numbe '(If submitted to clearinghouse): NA This is to advise that the Butte County Planning Commission (Lead Agency.);has approved the above=described project on January 28, 2010 and has made the following determinations regarding the above-described project: 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. ®A Negative Declaration was prepared for this project pursuantto the provisions of CEQA. 3. Mitigation measures®were, ❑were not, made a condition of the approval of the project. 4. A mitigation reporting or monitoring plan ®was, ❑was not, adopted for this project. 5. A statement of overriding considerations ❑was, ®was not, adopted for this project. 6. Findings ®were, ❑were not, made pursuant to the provisions of CEQA. This is to certify that the final EIR, with comments and responses and record of project approval, or the Negative Declaration, is available to the general public at: 7 County Center Drive, Oroville, CA 95965. P SEP 10 2013 0 VIN CANDACE J. GR BS, BUTTE CO. CLERK DEPUTY Butte County Department of Development Services 7 County Center Drive Orovil 65 .�► D 13 axles Thistleth aite Date Division Manager Department of Development Services DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) Name and address of applicant: Complete Wireless Consult, Inc 2009 V Street SACRAMENTO, CA 95818 Project-Title/File Number: USE PERMIT, UP09-0011 APN: 068-150-099 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 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 $1993.00 State Filing Fee $50.00 Clerk's Documentary Handling Fee ❑ B. Environmental Impact Report $2768.25 State Filing Fee $50.00 Clerk's Documentary Handling Fee 3. ® NOTICE OF DETERMINATION — FEE NOT REQUIRED No Effect Determination from CA Dept of Fish &Wildlife $50.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. ❑ PAYMENT: The above fees have been paid. See attached receipt(s): 2. ❑ NON-PAYMENT: The above fees are required. Not paid. Chief PlanninLy Official By: Tim Snellings, Development Services Title: Director Lead Agency: Butte County Department of Development Services Date: September 10, 2013 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. 0 iu' ', "e'sou K State of Gal�forniaA 'The'lla r -al R Cert�al Region 7b S06' A Rb� . CA. 9567.0.=4599 91 6 2 treet 95 'tM A, 6 p. Joh Request, Project.-:Subtestm "o OTT Location ort ..ei.:Highway 1B At ty-to 'SC,H Nurn_ber and/or Igcaf agency ID number U,P0,9 Q;0;11 0 06 "b k6sedreviowof, on o. n,ra p *, , ael a r0j. wqwos*. the din, 4b."e5not l of oleat" t. c-'*i.,,'O.ffjorcfse'Va1.'u4 d:pursuant e.: F" "F -j- lb the pro�eet I WEf " ffil mwif, r;pr WI �1' not be ..aperatl�e vested, or fi�tal and any' loeal permts�issugd for the- ........ you haUe any p -j: please, 2;853 .or T•im .Nosa1@wald'Cfe�cagov.. 7, 0 5- S f Run,., OCT c. 5 2c09 .015Ngm NT E COUNTY OF BUTTE AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVILLE, CA ATR NO 49999 RECEIVED FROM PLANNING BAG 0 426 DEPOSIT DATE 101212009 DEPT I FUND FUND COST ACCT CASH DESCRIPTION INVO TITLE CODE CNTR CODE CODE AMOUNT DEPOSIT ON: 1012 RECEIPTS: P1308 - P1310 RECEIVED ON: 9129 DEFERRED REV PLNG GENL 0010 204401 101001 3,260.00 -�PR7� -i ToTlW. APPROVED BY:' RECEIVED BY.:' AUDITOR-CONTROLLF-R TREASMER, A 19 'By: whiter4masunr piI-IL �ltor -c-anatVwdepositor golden md=r1le b PLANNING APPL FEES 'GENL 0010 440001 4210900 - 101041 87.00: GENL PLN MAINT FEE GENL-,' 00'10 - 440001 4610311 :10113311 139 37 tt6k-MANTFEE� % GENL., 0010:.� 440WI 461(012 - !: 101010f '97 301. LAND OW MOPMEfff GENL- I OOr _' -!4s11?W:.%1010011 2444,00, _004 N(?DlNOE CLERKS'Flu-NOTEE G0 00011 `4`123%:� -3; ' --'16!Wl' ($50) Pr9ject'Numbir Atfidusit-of Fee UOOQWIMO&1t�!„ET WIRELESS CONSULT, INC:.,APN 008-15'0AOa' 50.0Q LAP ?-L6011 'ENVIRONMENTAL Ht:r,101001 PH Mi 6"11 4614MI 631.00 FIRE PLNGAPPL FEE- FIRtPROMM. `0100 4301)01 4617240 16061 114.00 f 0i.sHaGAME FEES CLeaVfttCOR[0)- 1001, 280` -"1011460;---- i 9W.00 t PTlect Number, Amount of Fee It MPLETE WRELESS CONSULT INC: APtd nflfLj RfLnOO: -0, 4 DIM An, -�PR7� -i ToTlW. APPROVED BY:' RECEIVED BY.:' AUDITOR-CONTROLLF-R TREASMER, A 19 'By: whiter4masunr piI-IL �ltor -c-anatVwdepositor golden md=r1le b PJTTE COUNTY RECEI4 *RECEIPT NUMBER PREFIXES* B/P = Development Services - Building/Planning Division (530)538-7601 EH = Environmental Health (530)538-7281 PW = Public Works Department (530)538-7681 Printed: 9/10/2013 10:19 am Receipt Number: P1309 Date Paid: 9/29/2009 Paid By: Complete Wireless Consult, Inc Received By: MEM Project Number: UP09-0011 Pay Method: CHECK 12177 Site Apn: 068-150-099 Description: Wireless Facility on PGE Tower Site Address: , -CA Applicant: Complete Wireless Consult, Inc Fee Description Account Number Fee Amount DP Fish/Game - Negative Dec 09 1001-0-280-1011460 $1,993.00 DP GPMF General Plan Maint Fee DP Publishing/Legal Notices 09 DP Tech Maint Fee 09 DP Use Permit 09 DPCR Recorders Fee 09 DPEHLUP Use Permit DPFPP Use Permit 09 0010-440001-4610311-10113311 $139.37 0010-440001-204401-101001 $163.00 0010-440001-4610312-101001 $30.97 0010-440001-204401-101001 $3,097.00 0010-470001-4612319-101001 $50.00 0021-540011-4614901-101001 $631.00 0100-450001-4617240-101001 $114.00 DPLDRF Use Permit 09 0010-440004-4611700-101001 $244.00 Total Fees Paid: $6,462.34 0 Butte County Department of Development Services uT t TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive ok y o Oroville, CA 95965 0 - o (530) 538-7601 Telephone 010 oma"" " "moo (530) 538-7785 Facsimile 'S NAME MLbeNu6 ) WNER'S NAME: 96 -tf licant is difihn nt from o�vrer an affidavit is �vt5tl�tn'���tC . REST, CITY, ST Y, & ZIP CODE C ofy) P rLs-�L.SS N� ASSESSOR'S PARCEL o& f-- d4 ISd- TELEPHONE: FAX: (011(p TELEPHONE: AUUxhSs: STREET, CITY, STATE-, & ZIP CODE: 7-45 'MAGA 5'G, M 1 an s N F N c- 3 Q_ CA. 0 S _ * rfrR- NAME OF PROPOSED PROJECT (if any) SffE SIZE (in square feet or acres) LOCATION OF PROJECT (major cross streets and address, if any) N W Cts 4.1L 0r OL-wE W --�M I►.Yt cJ ZONE GENERAL PLAN EXISTING LAND USE PROPOSED LAND USE H L.p 'C si a rJ —ro LAO CE Vt,AN w w EXISTING STRUCTURES (square feet) PROPOSED STRUCTURES ( square feet) UNDER WILLIAMSON ACT NTRACT 951 'T � 19 5l .(,-(�{�, ❑ Yes1%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 ' V ❑ PROPERTY 1S OR PROPOSED TO BE ON WELL WATER 'v LJ ADMINISTRATIVE PERMIT ❑ TENTATIVE SUBDIVISION MAP ❑ LEGAL LOT DETERMINATION ❑ TENTATIVE PARCEL MAP USE PERMIT BUTTE ❑ WAIVER OF PARCEL MAP ❑ MINOR USE PERMIT COUNTY ❑ CERTIFICATE OF CORRECTION ❑ COMMUNICATIONS FACILITY UP/MUPSEP 2 9 2009 [:]REZONE El VARIANCE JJ ❑ GENERAL PLAN AMENDMENT ❑ MINOR VARIANCE DEVELOPMENT ❑ SERVICES ❑ MINING AND RECLAMATION PLAN LOT LINE ADJUSTMENT DEVELOPMENT AGREEMENT lCERTIFICATE OF MERGER ❑ ❑ OTHER 2 ' `�"95Y" at FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division, describe the number and size of parct)s. 'WoS£O 160 F �L D. I 0 2 �i?Lj1�S'�tD MIG�U1��vF mI5V1FS(7A A0ADnV 17.01 .a 107_ ti3 4\AKt-t'e'n 1t-, '00JU nW"n /t." L`n.rt'On�� .(ar.rni I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER, l 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 affidavit of authorization and include the affidavit with this application.) 1 DATE: o� I l`� SIGNATURE: 0 0 Pacific Gas and TelecomPacific ficBusiness Deve:opment Pafic Gas and Electric Company Electric Company- 245 Market Street a Mail Code N10D San Francisco, CA 94105.1702 WE DELIVER ENERGY." Fax: 415-973338a4 Letter of Authorization — Fee Property BUTTE COUNTY SEP Z 9 2009 Wireless Provider: Verizon Wireless DEVELOPMENT Location: Tower 9189465, Olive Hwy n Tyme Way, Oroville SERVICES SBF: 135-4-55H-1 APN: 068-150-099 Pacific Gas and Electric Company (PG&E), as the owner of the property referenced above, and pursuant to the terms and conditions of Master License Agreement For Antenna Attachments entered into by and between PG&E and GTE Mobilnet of California, Limited Partnership dated 7/23/1997, hereby authorizes the Wireless Provider, its agents, and contractors to: • Access the PG&E Land referenced above, following advanced notice to PG&E. • Conduct necessary activities such as site design visits, radio frequency tests subject to PG&E's prior review and approval. • Apply for and obtain all land use approvals and permits, which are appropriate for the installation, construction, and contoured operation of a wireless communications site (includhig antennas and all ancillary equipment and structures). This Letter of Authorization is subject to the following conditions: • The Wireless Provider shall be solely responsible for satisfying all conditions of approval that may be contained in a conditional use permit issued by the responsible jurisdiction on behalf of "owner," "applicant" and/or "development permit holder" as referenced in the conditional use permit for as long as the same may exist (without regard to the term of the Master License Agreement). Prior to the issuance of any conditional use permit, all conditions of approval, associated with permit must be reviewed and approved by PG&E's Land Department. • As the applicant, the Wireless Provider shall be solely responsible for the payment of all agency fees including, but not limited to application fees, costs of agency review and permitting fees. • Before entering the PG&E Land, the Wireless Provider, shall furnish PG&E's Land Department with satisfactory evidence that the Wireless Provider has procured the insurance policies and coverage's set forth in the Master License Agreement. • The Wireless Provider shall provide 24-hour advanced notice to PG&E's Land Department prior to entry on the PG&E Land by contacting Shari Holland at 415/973-3353. • The Wireless Provider, its agents and contractors shall not interfere with or impair PG&E's use of the PG&E Facilities and Land. • The Wireless Provider's activities under this Letter of Authorization are subject to all of the terms and conditions set forth the Master License Agreement. Date: >6//8 .''''•yyam �•.� Loren Loo Manager, Land Asset Management Pacific Gas and Electric Company Site #: SAT -189465 Site Name: Gold Country Casino_ 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 Coni ���tiE Applicant Name: L© v Project Number: U�og - 0 Check One USE PERMIT ❑ MINOR USE PERMIT BUTTE COUNTY SEP 2 9 2009 DEVELOPMENT 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 Planner 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. A completed, signed Project Information Form. 3. Lp a A complete Project Setting Description (instructions attached). 4. 0If 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. 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". • 0 Applicant Planner 6. ❑ Payment 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. A creat• n document for the project parcel and evidence of current property ownership. 8: SITE PLAN: Thirty fS� copies of a site map drawn to standard engineering scale ; 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 no greater than 24" X 36",.folded.to 8 V? x 11".. In addition, a - digital copy of the map and aerial photographs are encouraged. The detailed man must include: a. Name and business address of the applicant, engineer or,person who prepared the b. Assessor Parcel Number(s); street address (if available); tract name and date (if -applicable); and/or Township, Range and Section numbers: C. roposed use and/or uses of the property. d. A vicinity map indicating the location. of the land in relation to the nearest major ads and/or significant topographic features in the surrounding area or region. e. roperty lines, lot dimensions and any applicable easements of record or. proposed. £ Dimensioned locations of existing and proposed public and private improvements on the property (including; :but not limited to, buildings, driveways,roads; parking areas, wells, septic tanks, sewer lines, leach fields, utilities, signage, storm drainage systems and lighting_. g..`Location of all water features including, but not limited to; natural and human made drainage courses, irrigation canals, ponds, creeks, sloughs; topographic features including, but not limited to, buttes, slopes > 30%, rock out-croppings; and existing egetation, 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 rains, bodies of water, railroads,. and their relationship to the property lines: i' Location, height, and materials of walls and fences (sections may be required). 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 0 feet, on adjacent grogeqies. i 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 andgeologic hazards. P. Elevation contours, at an appropriate vertical scale. q Indicate at'least one route from theproperty to a publicly-maintairied road. r IOff-street parking pursuant to county code. _ _ _. S Indicate scale and include a north arrow oriented to the top of the sheet. t l All map"s'must be clear and -legible.. ' Applicant Plan 9. Building Elevations 10. ❑ If applicable, provide a proposed landscaping and irrigation plan on a separate sheet. 11.If applicable, provide a conceptual grading plan. Items to be shown on the plan include: a. ❑ Natural areas to be preserved. b. ❑ Proposed cut and fill areas in contrasting colors or patterns. C. d. ❑Proposed ALJ Existin d proposed contours g anp p at an appropriate vertical scale within the protect and on adjacent properties within 100 feet of the project boundaries. drainage and flood control facilities. e. ❑Erosion f. ❑ control measures and best management practices (e.g., - slope landscaping). EI Natural drainage. g. ❑Location of retaining walls, drainage channels and existing structures. h. 'Location, elevation and size of proposed building pads. Additional information may be required in order to clarify, correct or supplement the above submittal information or to complete any required environmental review documents, as deemed necessary by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. Additional fees may be collected for the California Department of Fish and Game at the time of recording the Notice of Determination as required by Public Resource Code (PRC) section 21089 (b). Please call the Planning Division of the Department of Development Services at (530) 538- 7601 if you have any questions about these requirements. 3 0 • Signature: Date: O Applicant/Repres ative Signature: Date: ` d l u% Tanner Receiving Application K:\Planning\FORMS\APPLICATIONS\UsePermit_MinorUP.doc Revised 0726/06 Butte County Department of Development Services OFFICE OF PLANNING DEPARTMENT 7 County Center Drive Oroville, CA 95965 BUS OVNTY RETURN SERVICE REQUESTED j AN 112010 DVELOPNIEIVT V SEBVICES PUBLIC HEARING NOTICE s 016H26522866 o N $ 00.414 01/08/2010 a= Mailed From 95965 US POSTAGE U S A/BERRY CREEK RANCHERIA 1800 TRIBUTE RD STE 111 SACRAMENT" AC04C I,IKCONM1 99At93397 NIXIE 957 DE i OO 01/11/10 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD BC: 95965039799 *2472-01904-11-01 il,L,,,1,1,i,I►►►t1,►,I►1,►,11►„Il,l,i„I,,,il,l„I►1,►,Il„I BUTTE COMPLETE COUNTY APR p g 2010 Wireless Consulting, Inc. DEVELOPMENT SERVICES April 7, 20s0 Butte County Planning Stacy Jollife, Project Planner 7 County Center Drive Oroville, CA 95965 Sent via email and U.S Mail RE: Revised Raptor Study Condition of Approval / APN 040-020-171 Project # UPo9-0008 Dear Ms. Jolliffe: Consistent with Condition of Approval #21 (Mitigation Measure #4), 1 am enclosing a copy of a Revised Raptor Study for your review. This study was prepared by Edward D. Whisler Biological. We anticipate starting construction sometime during the week of 4/6/1o. This study was revised due to a delay in the start of construction. Please let me know if you have any questions. You may also contact Ed Whisler directly. Sincerely, '04 Mark Lobaugh, Project Manager Complete Wireless Consulting. Attachment: Updated Raptor Study Results / Prepared by Appendix A. Wildlife Species observed list www.completewireless.net 2009 V Street Sacramento, CA 95818 (916) 914-2114 fax Whisler B PA Mark Lobaugh Project Manager Complete Wireless Consulting 2009 V Street Sacramento, CA 95818 Edward A Whisler Biological 634 J Street, Davis, CA 95616-2327 (916) 204-0471 edwhisler530(&omcast. net www.whislerbiological.biz April 6, 2010 Subject: Update --April Raptor Survey Results, 1480 Skyway Road, Butte County (Project No. 09- 0008) Dear Mr. Lobaugh: At your request, I conducted a second preconstruction raptor survey for the approved monopole installation at 1480 Skyway Road, Chico, CA. The County of Butte required mitigation measures for protecting nesting raptors (Mitigation Measure 4) during construction of the monopole. The raptor species included are: the Red-tailed Hawk, Swainson's Hawk, White-tailed Kite (also known as Black -shouldered Kite), and American Kestrel. I also surveyed for other potential raptor species that could occur in the area, such as Red -shouldered Hawk. The conditions of approval indicated that the preconstruction raptor survey should be conducted no more than 30 days before construction is initiated during the nesting season (February through September). The conditions of approval also indicated that the survey area should be conducted within 500 feet of the project site. The project is anticipated to start-up in early April 2010. METHODS The raptor surveys included a data record search of the California Department of Fish and Game's Natural Diversity Data Base for the project site and two field surveys of the survey area. The survey area is defined as: the project site (monopole area); the area within 500 feet of the project site; and 500 feet on each side of the access road from Skyway Road to the project site. I assessed potential raptor nesting habitat in the survey area, looking for suitable nest trees. I conducted two raptor surveys (one on February 25 and one on April 5, 2010) during the nesting season (February through September 2010) and within 30 days of project construction to determine whether nesting raptors occurred in the survey area. The survey included walking accessible portions of the survey area and viewing the survey area from a higher advantage (i.e., r from Potter Road) with binoculars and a spotting scope to ensure 100% coverage of the survey area. A list of wildlife species observed during both field surveys is included in Appendix A. RESULTS The project site is located in a highly disturbed area with extensive human activity and machinery. Two construction -related businesses exist along the access road and at the project site. Human activity is also extensive along Skyway Road and Humbug Road and at the adjacent golf course. Medium-sized trees occur along the ditch adjacent to the monopole location. Large trees also occur at the golf course and east of Skyway Road at the church property (along Humbug Road). Very few suitable trees occur north and northeast of the project site and access road. No active raptor nests or nests under construction were found in the survey area. A pair of Red - shouldered Hawk was observed performing courtship displays, about 0.8 mile southeast of the survey area along Butte Creek. One Red -shouldered Hawk was observed briefly perching in a tree at the project site in February, but it flew south as I approached the project site. During the April survey, the Red -shouldered Hawk pair was observed flying at the southern end of the golf course. Also during the April survey, a pair of Red-tailed Hawk was observed in the air about a 0.25 mile east of the survey area. No additional raptors were seen in the survey area. I did not observe any old or current raptor stick nests in the survey area. There were no nesting raptor records for the project site. CONCLUSION No raptor nesting activity was observed at the project site or in the survey area during the February and April surveys. Therefore, construction of the project would not affect nesting raptors. I have no additional recommendations. Please call me if you have any questions or comments. Sincerely, Edward Whisler Wildlife Biologist Edward D. Whisler Biological (916) 204-0471 634 J Street edwhisler530@comcast.net Davis, CA 95616-2327 www.whislerbiological.biz • Appendix A. Wildlife Species Observed during Raptor Survey (February and April 2010), at 1480 Skyway Road, Butte County Common Name Scientific Name Wood duck California quail Turkey vulture Red-tailed hawk Red -shouldered hawk Rock pigeon Anna's hummingbird Belted kingfisher Nuttall's woodpecker Black phoebe Western scrub -jay Tree swallow Oak titmouse Bushtit Rock wren Bewick's wren House wren Ruby -crowned kinglet Western bluebird Hermit thrush American robin Yellow-rumped warbler Spotted towhee California towhee White -crowned sparrow Golden -crowned sparrow Lincoln sparrow Dark -eyed junco Red -winged blackbird House finch Lesser goldfinch House sparrow Birds Aix sponsa Calillipepla californica Cathartes aura Buteo jamaicensis Buteo lineatus Columba livia Calypte anna Ceryle alcyon Picoides nuttallii Sayornis nigricans Aphelocoma californica Tachycineta bicolor Baeolophus inornatus Psaltriparus minimus Salpinctes obsoletus Thryomanes bewickii Troglodytes aedon Regulus calendula Sialia mexicana Catharus guttatus Turdus migratorius Dendroica corona.ta Pipilo maculatus Pipilo crissalis Zonotrichia leucophrys Zonotrichia atricapilla Melospiza lincolnii Junco hyemalis Agelaius phoeni.ceus Carpodacus mexicanus Carduelis psaltria Passer domesticus Appendix A. Wildlife Species Observed during Raptor Survey (February and April 2010), at 1480 Skyway Road, Butte County Common Name Scientific Name Birds Wood duck Aix sponsa California quail Calillipepla californica Turkey vulture Cathartes aura Red-tailed hawk Buteo jamaicensis Red -shouldered hawk Buteo lineatus Rock pigeon Columba livia Anna's hummingbird Calypte anna Belted kingfisher Ceryle alcyon Nuttall's woodpecker Picoides nuttallii Black phoebe Sayornis nigricans Western scrub -jay Aphelocoma californica Tree swallow Tachycineta bicolor Oak titmouse Baeolophus inornatus Bushtit Psaltriparus minimus Rock wren Salpinctes obsoletus Bewick's wren Thryomanes bewickii House wren Troglodytes aedon Ruby -crowned kinglet Regulus calendula Western bluebird Sialia mexicana Hermit thrush Catharus guttatus American robin Turdus migratorius Yellow-rumped warbler Dendroica coronata Spotted towhee Pipilo maculatus California towhee Pipilo crissalis White -crowned sparrow Zonotrichia leucophrys Golden -crowned sparrow Zonotrichia atricapilla Lincoln sparrow Melospiza lincolnii Dark -eyed junco Junco hyemalis Red -winged blackbird Agelaius phoeniceus House finch Carpodacus mexicanus Lesser goldfinch Carduelis psaltria House sparrow Passer domesticus COMPLETE Wireless Consulting, Inc. December 15, 2009 Stacey Jolliffe and Mark Michellena Butte County Dept. of Development Services 7 County Center Drive Oroville, CA 95965 BUTTE COUNTY DEC 17 2009 DEVELOPMENT SERVICES Re: Verizon Wireless "Gold Country Casino" Use Permi=No.UP09-0011 / APN # 068-150-099 Dear Ms. Jollife and Mr. 1V_ichellena: Sent via Certified Mail This letter is to follow up cn a Use Permit application submittal for a Verizon Wireless project located on APN 068-150-099. The application was submitted to Butte County Planning Department on 9/29/2009. California Government Ccde § 65943(a) states the following: Not later than 30 calendar days after any public agency has received an application for a development project, the agency shall determine in writing whether the application is complete and shall immediately transmit the determination to the applicant for the development project. If the written determination is not made within 30 days after receipt of the application, and the application includes a statement that it is an application for a development permit, the application shall be deemed complete for purposes of this chapter. As we have received no notice of incompleteness, this Application C-09-058 is deemed complete as of 12/15/2009. Furthermore, California Public Resources Code § 21080.2 requires the agency determine whether an environmental impact report, negative declaration or a mitigated negative declaration shall be req uired.for the project. The Code dictates that this determination must be made no later than 30 days from the day the application is deemed complete. Please inform me of the City's determination under CEQA•by marking the appropriate box on the page immediately following and returning a copy to mein the self- addressed stamped envelope provided no later than 12/31/2009. Thank you for your attention to this project. Please contact me if you have any questions or comments. Sincerely, Mark LobaLQ Representative for Verizon Wireless a v www.completewireless.net 2009 V Street Sacramento, CA 95818 (916) 217-7510 phone (916) 471-0112 fax F 0 Project Name: Verizon Wireless "Gold Country Casino' Application No.: UP09-0011 APN: 068-150-099 Under CEQA, this project requires (check one): Environmental Impact Report Negative Declaration Mitigated Negative Declaration The project is categorically exempt Print Name: Date s BUTT'?, COUNTY SEP �0:�9 DEVBLOPMNT PROJECT SUPPORT STATEMENT =VICES. DEVEPLOMENT APPLICATION FOR VERIZON WIRELESS SITE "GOLD COUNTRY CASINO" PG&E CO -LOCATION TELECOM SITE: INTERSECTION OF OLIVE HWY AND TYME WAY, OROVILLE, CA. INTRODUCTION Verizon Wireless is seeking to improve communications service in Butte County.. More specifically, Verizon Wireless would like to increase coverage in the Gold Country Casino area along Olive.Hwy and Tyme Way. Verizon Wireless maintains a strong customer base in these areas and strives to increase and improve coverage for both current and potential customers.'Additionally, this network development will increase public safety within these areas and bring wireless service to areas that have poor service. Presently, this portion of Butte County suffers from poor coverage and capacity issues, which causes reoccurring lost calls and ineffective service. To remedy these problems, Verizon proposes to develop a wireless facility located to the north of Olive Hwy near Oroville, CA. This installation will include the extension of an existing 122.4 -foot -tall trellis tower by 12' and the installation of (6) proposed and, (6) future panel antennas mounted at a centerline'of 131.4'and (2) future microwave dishes, in addition to a 12 -foot by 16 -foot equipment shelter and standby diesel generator will be located near the base of the monopole within a 655 sf. lease area contained in the base of the existing trellis tower. This unmanned facility will provide service to area travelers, residents and businesses 24 hours a day, 7 days a week. This site will also serve as 'a back up to the existing landline service. in the area and will provide improved mobile communications, essential to modern day commerce and recreation. PROJECT LOCATION This project is located at the intersection of the' Olive Hwy and Tyme Way on an existing PG&E transmission tower. The site has been designed to cover and enhance safety in the area around the Gold Country Casino. SAFETY BENEFITS OF IMPROVED WIRELESS SERVICE Mobile phone use has become an extremely important system for public safety. Along roads and highways without public call boxes, mobile phones are often the only means for emergency roadside communication. Motorists with disabled vehicles (or worse) can use their phone to call in and request appropriate assistance. With good cellular coverage along important roadways, emergency response is just a phone call away. Furthermore, as a back up system to traditional landline phone service, mobile phones have proven to be extremely important during natural disasters and other catastrophes. Project Support Statement — Verizon Wireless Site "Gold Country Casino" f Verizon Wireless has taken the responsibility for back-up service very seriously. As such, Verizon Wireless has incurred increased expense to install a standby generator at this facility to insure quality communication for the surrounding community regardless of any disast& or catastrophe. CONVENIENCE BENEFITS OF IMPROVED WIRELESS SERVICE Modern day life has become in dependent on instant communications. Whether it is a parent calling their child, spouse calling a spouse, or general contractor ordering materials to the jobsite, wireless phone service is no longer just a convenience. It has become a way of.life and a way of business. COMPLIANCE WITH COUNTY WIRELESS DEVELOPMENT STANDARDS This project has been carefully designed to comply with all applicable standards for Wireless communications facilities. In addition to the attached justification statement, area map, site plan, elevations and completed application, this package contains the following exhibits: 1. Radio Frequency study 2. Photo Simulations 3. Alternative site selection analysis 4. Coverage (service) area map 5. Graphic depiction of the search ring for this telecom site 6. Copy, of FCC license for this area 7. Title report In addition to these exhibits we would like to make you aware of the following additional information: Technology and consumer services the carrier will provide its customers: Verizon Wireless offers its customers multiple services such as, voice calls, text messaging,. mobile email, picture/video messaging, mobile web, navigation, broadband access, V CAST, and E911 services. In order for Verizon Wireless to provide these services they use technology such as, Digital, CDMA, EVDO, and Analog. Wireless service enhances public safety and emergency communications in the community. In rural areas such as the subject location, cellular phone service can cover much larger geographic areas than traditional landline phone service. Future Collocation opportunities: The proposed site has been designed to allow for future co -location opportunities with other carriers. The land lease provides sufficient space for additional service providers and the tower and its foundation are designed for future equipment. Lighting: Unless tower lighting is required by the FAA the only lighting on the facility will be a shielded motion sensor light by the door on the equipment shelter. Project Support Statement — Verizon Wireless Site "Gold Country Casino" I Noise: The standby generator will be operated for approximately 30 minutes per week for maintenance purposes, and during power outages and disasters. Please see attached information sheet and acoustical information charts. During construction of the facility, which typically lasts around two months, acceptable noise levels will not.be exceeded. Hazardous Materials: A Hazardous Material Business Plan will also be submitted upon project completion, and stored on site after construction MAINTENANCE AND STANDY GENERATOR TESTING Verizon Wireless installs a standby generator and batteries at all of its cell sites. The generator and batteries serve a vital role in Verizon Wireless' emergency and disaster preparedness plan. In the event of a power outage, Verizon Wireless' communications equipment will first transition over to the back-up batteries. The batteries can run the site for a few hours depending upon the demand placed upon the equipment. Should the power outage extend beyond the capacity of the batteries, the back-up generator will automatically start and continue to run the site. This two state back-up plan is an extremely important component of every Verizon Wireless communications site. As one of the nation's largest wireless companies, Verizon Wireless is the mobile phone service of choice to many Federal, State, and Local public safety agencies. While many public safety agencies employ their own two-way radio systems for intra -agency communications, Verizon Wireless phones are often the link to other agencies and the outside world. Back-up batteries and generators allow Verizon Wireless' communications sites to continue providing valuable communications services in the event of a power outage, natural disaster or other emergency. ' A standby generator will be installed at the site to ensure quality and consistent coverage in the event of a power outage or disaster. This generator will be run for approximately 30 minutes per week for maintenance purposes, and during power outages and disasters. o A technician will visit the site approximately twice a month to check the facility and perform any necessary maintenance. COMPLIANCE WITH FCC STANDARDS This project will not interfere with any TV, radio, telephone, satellite, or any other signals. Any interference would be against the Federal Law and would be a violation Verizon Wireless' FCC License. CONSTRUCTION SCHEDULE The construction of the. facility will be in compliance with all local rules and regulations. The typical duration is two months. The crew size will range from two to ten individuals. NOTICE OF ACTIONS AFFECTING THIS DEVELOPMENT PERMIT In accordance with California Government Code Section 65945(a), Verizon Wireless requests notice of any proposal to adopt or amend the: general plan, specific plan, zoning ordinance, ordinance(s) affecting building or grading permits that would in any manner affect this development permit. Any such notice may be sent to 2009 V Street, Sacramento, CA 95818. Project Support Statement — Verizon Wireless Site "Gold Country Casino" Sincerely, Mark Lobaugh Project Manager, Complete Wireless Consulting Project Support Statement — Verizon Wireless Site "Gold Country Casino" In response to the above referenced application for a Policy of Title Insurance, Bidwell Title & Escrow Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained. by reason of defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth on the attached cover. Copies of the Policy forms should be read. They are available from the office which issued this Report. Please read the exceptions shown or referred to below and the List of Printed Exceptions and Exclusions set forth in this report carefully. The Exceptions and Exclusions are meant to provide you with notice of matters which are not covered under the terms of Title Insurance Policy and should be carefully considered. It is important to note that this Preliminary Report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This Report (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a Policy of Title Insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a Policy of Title Insurance, a Binder or Commitment should be requested. Dated as of: May 22, 2009 at 7:30 a.m. Gail Beatty, Chief Title OffWer The form of Policy of Title Insurance contemplated by this Report is: ❑ ALTA Residential Title Insurance Policy with Plus Endorsement — (06-01-87) ❑ ALTA Homeowners Policy — (10-17-98) / CLTA Homeowners Policy — (6-2-98) ❑ ALTA Loan Policy — (06-17-06) EI CLTA Standard Coverage Policy —1990 ❑ ALTA Owner's Policy (06-17-06) The estate or interest in the said land hereinafter described or referred to covered by this Report is: A Fee Title to said estate or interest at the date hereof is vested in: PACIFIC GAS AND ELECTRIC COMPANY, a California Corporation PRELIM ❑ CHICO ❑ OROVILLE ❑ PARADISE ❑ GRIDLEY 500 wall St 1835 Robinson St 145 Pearson Road 560 Kentucky PO Box 5173 PO Box 811 PO Box 490 PO Box 949 LaDonna Joyner Chico, CA95927 Oroville, CA 95965 Paradise, CA 95967 Gridley, CA 95948 Chief Executive Officer (530) 894-2612 (530) 533.2414 (530) 877-6262 (530) 846-4005 County Manager ESCROW FAX FAX (530) 533-1589 FAX (530) 872-5129 FAX (530) 846-0584 (530) 894.0713 E7 TITLE ONLY DEPT. Serving the north TITLE FAX: 145 Pearson Road Paradise, CA 95967 state since 1913 (530) 894.57-13 (530) 877-6920 FAX (530) 877-6922 PURCHASER: ORDER NO.: 00237363-005 - FH TITLE CONTACT: Faith Harper. TITLE OFFICER: Chris Hill SHORT TERM RATE: No PROPERTY ADDRESS: THE UNDERSIGNED DECLARE THEY HAVE EXAMINED THIS PRELIMINARY REPORT AND AFFIDAVIT AND FIND IT TO BE TRUE, CORRECT, ^idyl' AND COMPLETE. BY: SEP 2010 BY: DE ML BY: PRELIMINARY REPORT Stewart Title Guaranty Company Chicago Title Insurance Company In response to the above referenced application for a Policy of Title Insurance, Bidwell Title & Escrow Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained. by reason of defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth on the attached cover. Copies of the Policy forms should be read. They are available from the office which issued this Report. Please read the exceptions shown or referred to below and the List of Printed Exceptions and Exclusions set forth in this report carefully. The Exceptions and Exclusions are meant to provide you with notice of matters which are not covered under the terms of Title Insurance Policy and should be carefully considered. It is important to note that this Preliminary Report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This Report (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a Policy of Title Insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a Policy of Title Insurance, a Binder or Commitment should be requested. Dated as of: May 22, 2009 at 7:30 a.m. Gail Beatty, Chief Title OffWer The form of Policy of Title Insurance contemplated by this Report is: ❑ ALTA Residential Title Insurance Policy with Plus Endorsement — (06-01-87) ❑ ALTA Homeowners Policy — (10-17-98) / CLTA Homeowners Policy — (6-2-98) ❑ ALTA Loan Policy — (06-17-06) EI CLTA Standard Coverage Policy —1990 ❑ ALTA Owner's Policy (06-17-06) The estate or interest in the said land hereinafter described or referred to covered by this Report is: A Fee Title to said estate or interest at the date hereof is vested in: PACIFIC GAS AND ELECTRIC COMPANY, a California Corporation PRELIM Location Latitude Longitude Ground Elevation Structure Hgt to Tip Antenna Structure 135 180 225 (meters) (meters) -Registration No. Licensee Name: SACRAMENTO VALLEY LIMITED PARTNERSHIP 93.5 50.9 Call Sign: KNKA463 File Number: 0003862989 96.610 96.610 Print Date: 06-10-2009 Antenna: I Azimuth (from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT (meters) 28.100 -302.100 -95.100 165.200 331.100 346.400 338.700 147.600 Transmitting ERP (watts) 78.310 69.150 82.000 60.790 17.330 4.360 22.020 64.840 Location Latitude Longitude Ground Elevation Structure Hgt to Tip Antenna Structure 135 180 225 (meters) (meters) -Registration No. 3 39-28-41.6 N 121-23-57.9 W 93.5 50.9 96.610 96.610 96.610 Address: 5646 LINCOLN BLVD. 96.610 96.610 Location Latitude Longitude Ground Elevation City: OROVILLE County: BUTTE State: CA Construction Deadline: 53.700 (meters) Antenna: l Azimuth (from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT (meters). -111.100 -115.200 -198.600 -0.800 104.000 102.500. 102300 82.700 Transmitting ERP (watts) 102.000 102.000 102.000 102.000 102.000 102.000 102.000 102.000 Location • Latitude Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 4 39-39-02.6 N 121-27-45.9 W 893.1 Address: BLOOMER HILL City: BERRY CREEK County: BUTTE Antenna: I Azimuth (from true north) Antenna Height AAT (meters) Transmitting ERP (watts) State: CA Construction Deadline: 0 45 90 135 180 225 270 315 335.700 327.600 179.000 389.300 576.600 609.800 • 703.900 468.400 19.020 19.020 19.020 19.020 19.020 19.020 19.020 19.020 Location latitude Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No.. 5 39-33-03.6 N 121-46-57.9 W 34.1 59.4 Address: WATER DISTRICT ON NELSON ROAD City: NELSON County: BUTTE State: CA Construction Deadline: - ........ - ........_ --..._.... .............-- Antenna: 1 Azimuth (from true north) . 0 45 90 135 180 225 270 315 Antenna Height AAT (meters) 19.500 8.300 18.800 30.500 39.400 40.900 36.400 30.400 Transmitting ERP (watts) 96.610 96.610 96.610 96.610 96.610 96.610 96.610 96.610 Location Latitude Longitude Ground Elevation Structure Hgt to Tip Antenna Structure 53.700 (meters) (meters) Registration No. 6 39-25-03.6 N 12141-18.9 W 30.5 49.7 Address: 0.25 MILE NORTHWEST OF UNION HIGH SCHOOL City: BIGGS County: BUTTE State: CA Construction Deadline: Antenna: I Azimuth (from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT (meters) 41.400 35.300 34.400 50.700 52.100 54.900 54.300 49.300 Transmitting ERP (watts) 96.610 96.6 t0 96.610 96.610 96:610 96.610 96.610 96.610 Location Latitude Longitude 7 39-44-03.6 N 121-51-40.9 W Address: Chico Iron Works 1300 Nord Ave. City: Chico County: BUTTE State: CA Antenna: I Azimuth (from true north) Antenna Height AAT (meters) Transmitting ERP (watts) Antenna: 2 Azimuth (from true north) Antenna Height AAT (meters) Transmitting ERP (watts) Ground Elevation Structure Hgt to Tip Antenna Structure (meters)- (meters) Registration No. 54.6 47.2 1012016 0 9.400 0.200 0 9.400 78.23 Construction Deadline: 45 0 90 135 -124.100 -46.200 43.100 0.200 0.790 11.920 45 90 135 -124.100 -46.200 43.100 20.080 1.780 0.200 Pa?e2of3 180 -225 270 315 55.300 59.700 53.700 49.200 61.230 91.290 36.860 4.570 180 225 270 315 55.300 59.700 53.700 49.200 0.200 2.340 22.970 81.690 FCC 601-C August 2007 Licensee Name: SACRAMENTO VALLEY LIMITED PARTNERSHIP Call Sign: KNKA463 File Number: 0003862989 Print Date: 06-10-2009 Antenna: 3 Azimuth (from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT (meters) 9.400 -124.100 -46.200 43.100 55.300 59.700 53.700 49.200 Transmitting ERP (watts) 5.010 40.160 91.210 57.420 9.960 0.710 0.200 0.230 Location Latitude Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 8 39-49-10.6 N 121-35-25.9 W 747.4 46.6 Address: 14147 LAKERIDGE COURT City: MAGALIA County: BUTTE State: CA Construction Deadline: Antenna: l Azimuth (from true north) 0 45 90 135 --.......__ 180 ............. 225 . 270 315 Antenna Height AAT (meters) -94.100 -138.700 -85.200 136.300 323.300 549.400 343.800 139.500 Transmitting ERP (watts) 63.100 63.100 63.100 63.100 63.100 63.100 63.100 63.100 Control Points: Control Pt. No. 1 Address: 255 PARKSHORE DRIVE City: FOLSOM County: SACRAMENTO State: CA Telephone Number: (916)357-1000 Control Pt. No. 2 Address: 500 W. Dove Road City: Southlake County: TARRANT State: TX Telephone Number: (800)264-6620 Waivers/Conditions: THE FOLLOWING CELLULAR GEOGRAPHIC SERVICE AREAS HAVE BEEN COMBINED (LISTED BY CALL SIGN, MARKET NUMBER AND BLOCK, AND MARKET NAME): KNKN227, 337B - CA 2, KNKA751 254B - REDDING AND KNKN229 343B - CA 8 FCC.601-C August 2007 Page 3 of 3 • 0 C� • ORDER NO.: 00237363-005 - FH At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions contained in said Policy form would be as follows: EXCEPTIONS: 1. General and Special County and Municipal taxes for the fiscal year 2009-10, including possible personal property taxes, now a lien, but not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 3. All taxes, assessments and obligations of South Feather Water and Power Agency (formerly Oroville Wyandotte Irrigation District. NOTE: For any amounts due contact: SOUTH FEATHER WATER AND POWER AGENCY 2310 Oro Quincy Hwy Oroville, CA 95966 Phone: 533-4578 4. Rights of the public over any portion of the land described herein, lying within the lines of any public road or highway. Affects : Oroville Quincy Highway and Olive Highway END OF EXCEPTIONS PRELIM • ORDER NO.: 00237363-005 - FH NOTES: NOTE: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish.to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. NOTE: The attached maps may or may not be a survey of the land depicted hereon. You should not rely upon them for any purpose other than orientation to the general location of the parcels depicted. Bidwell Title & Escrow Company expressly disclaims any liability for alleged loss or damage which may result from reliance on these maps. 1.. General and Special County taxes for the fiscal year 2009-10. Said taxes were not assessed for said year. AP No. 068-150-099 Code 091-009 NOTE: The County Recorder's Office will charge, in addition to the regular recording charges, an extra $20.00 recording fee, unless a document evidencing a change of ownership is accompanied by a preliminary change of ownership report. In lieu of said report, signed by the transferee, the Recorder will accept an affidavit that the transferee is not a resident of California. The County Recorder's Office may also charge, in addition to the regular recording charges, an extra $10.00 Monument Fee when there is a metes and bounds description on the transfer deed. Title billings will be adjusted to reflect such additional fees when applicable. NOTE: RE: DOCUMENTARY TRANSFER TAX - EFFECTIVE NOVEMBER 1, 1991 The Butte County Recorder's Office will require a statement ON THE FACE of all documents which are exempt from documentary transfer tax. They will no longer be accepting separate letters of. explanation. NOTE: CALIFORNIA "GOOD FUNDS" LAW Effective January 1, 1990, California Insurance Code Section 12413.1, (Chapter 598, Statutes of 1.989), prohibits a title insurance company, controlled escrow company, or underwritten title company from disbursing funds from an escrow or sub -escrow account, (except for funds deposited by NA RE TRANSFER, ELECTRONIC PAYMENT or CASH) until the day these funds are made available to the depositor pursuant to Part 229 of Title 12 of the Code of Federal Regulations, (Reg. CC). Items such as CASHIER'S, CERTIFIED or TELLER'S CHECKS may be available for disbursement on the business day following the business day of deposit; however, other forms of deposits may cause extended delays in closing the escrow or sub -escrow. NOTE: In accordance with Sections 18662 and 18668 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to 3 1/3 percent of the sales price in the case of a disposition of California real property interest by either: 1.. A seller who is an individual with a last known street address outside California or the disbursement instructions authorize the proceeds to be sent to a financial intermediary of the seller, OR A corporate seller that has no permanent place of business in California. The buyer may become subject to penalty for failure to withhold. The penalty is the greater ten percent (10%) of the amount to be withheld or five hundred dollars ($500.00). However, notwithstanding any other provisions included in the California statutes reference above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if the seller meets the conditions PRELIM ORDER NO.: 00237363-005 - FH exempting them from withholding upon completing a 593-C "Real Estate Withholding Certificate," contained in the escrow instructions. The seller is subject to penalty for knowingly filing a fraudulent certification for the purpose of avoiding the withholding requirement. The California statutes referenced above include provisions that authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case-by-case basis. NOTE: The attached Assessor's Parcel Map is being furnished as a convenience to locate the land described in this report with relation to adjoining streets and other lands. BIDWELL TITLE AND ESCROW COIVI.I ANY does not guarantee dimensions, distances, bearings or acreage stated thereon. It is not intended to illustrate legal building sites or supersede City or County ordinances, i.e., zoning and building codes, etc. Official information concerning the use of any parcel should be obtained. from local government agencies. END OF NOTES COMMIT ORDER NO.: 00237363-005 - FH SCHEDULE C THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF BUTTE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A PART OF THE WEST ONE-HALF (W '/2) OF NORTHWEST QUARTER (NW '/) OF SECTION FOURTEEN (14), TOWNSHIP NINETEEN (19) NORTH, RANGE FOUR (4) EAST, M. D. B. & M., AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT AND RUNNING NORTH BY WEST LINE THEREOF ABOUT 41'/-2 RODS TO OROVILLE AND QUINCY ROAD; THENCE EAST ALONG SAID ROAD 19% RODS; THENCE SOUTH ABOVE 41 %2 RODS TO OROVILLE AND QUINCY ROAD; THENCE EAST ALONG SAID ROAD 19 '/ RODS; THENCE SOUTH ABOUT 41 1/2 RODS TO SOUTH LINE OF SAID 80 ACRE TRACT; THENCE WESTERLY BY SAID LINE 19 '/ RODS TO PLACE OF BEGINNING. EXCEPTING THEREFROM ALL THAT PORTION DEED TO THE COUNTY OF BUTTE, DESCRIBED AS FOLLOWS: A PORTION OF THE SOUTHWEST QUARTER (S.W. %) OF THE NORTHWEST QUARTER (N.W. 1/4) OF SECTION 14- T. 19 N., R. 4 E.,- M. D. B. & M.; BUTTE COUNTY, CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT THE QUARTER SECTION CORNER COMMON TO SECTIONS 15 & 14- T. 19 N. R. 4 E.; THENCE N. 000 07'30" E., -51.20 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 760 FEET, (THE LONG CHORD OF WHICH BEARS S. 580 57' 12 E. - 95.93 FEET) THROUGH A CENTRAL ANGLE OF 7° 14' 15" AN ARC DISTANCE OF 96.00 FEET, TO THE EAST -WEST CENTER LINE OF SECTION 14- T. 19 N., R. 4 E.; THENCE ALONG THE EAST -WEST CENTER LINE OF SECTION 14- T. 19 N., R. 4 E.- S. 88° 48'W., 82.33 FEET TO THE ONE-QUARTER CORNER COMMON TO SECTIONS 15 & 14- T. 19 N., R. 4 E., THE POINT OF BEGINNING OF THIS DESCRIPTION. ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND: BEGINNING AT THE SOUTHEAST QUARTER OF THE PARCEL OF LAND CONVEYED BY GEORGE D. COLEMAN AND WIFE, TO PACIFIC GAS AND ELECTRIC COMPANY, BY DEED DATED MAY 6, 1.957 AND RECORDED IN BOOK 886, PAGE 396, OFFICIAL RECORDS, SAID SOUTHEAST CORNER BEING A POINT IN THE NORTHERLY BOUNDARY LINE OF LOT 268, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "OROVILLE-WYANDOTTE FRUIT LANDS UNIT NO. 6", WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, IN BOOK 10 OF MAPS, AT PAGE(S) 3A, AND RUNNING THENCE NORTH, PRELIM • ORDER N1 00237363-005 - FH SCHEDULE C (CONTINUED) ALONG THE EASTERLY BOUNDARY LINE OF THE PARCEL OF LAND CONVEYED BY SAID DEED DATED MAY 6, 1957, APPROXIMATELY 685 FEET TO THE NORTHEAST CORNER OF THE PARCEL OF LAND CONVEYED BY SAID DEED DATED MAY 6,1957; THENCE WESTERLY, ALONG THE NORTHERLY BOUNDARY LINE OF THE PARCEL OF LAND CONVEYED BY SAID DEED DATED MAY 6, 1957, APPROXIMATELY 140 FEET TO A POINT THAT IS DISTANT 175 FEET EASTERLY FROM (MEASURED AT A RIGHT ANGLE TO) THE WESTERLY BOUNDARY LINE OF THE PARCEL OF LAND CONVEYED BE SAID DEED DATED MAY 6, 1957, APPROXIMATELY 770 FEET TO A POINT IN THE NORTHERLY BOUNDARY LINE OF THE PARCEL OF LAND CONVEYED BY SAID DEED DATED MAY 6, 1957, APPROXIMATELY 770 FEET TO A POINT IN THE NORTHERLY BOUNDARY LINE OF THE PARCEL OF LAND DESCRIBED IN THE DEED FROM J. A. SKINNER AND MRS. LOUISE SKINNER, TO THE COUNTY OF BUTTE, DATED JANUARY 31, 1949 AND RECORDED IN BOOK 288, PAGE 101, OFFICIAL RECORDS; THENCE EASTERLY, ALONG THE NORTHERLY BOUNDARY LINE OF THE PARCEL OF LAND DESCRIBED IN SAID DEED, DATED JANUARY 31,1949, APPROXIMATELY 380 FEET TO A POINT IN THE EASTERLY BOUNDARY LINE OF THE PARCEL OF LAND DESCRIBED IN SAID DEED, DATED JANUARY 31, 1949, APPROXIMATELY 380 FEET TO A POINT IN THE EASTERLY BOUNDARY LINE OF SAID LOT 268, APPROXIMATELY 85 FEET TO THE NORTHEAST CORNER OF SAID LOT 268; THENCE WESTERLY, ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT 268, APPROXIMATELY 235 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DEEDED TO THE STATE OF CALIFORNIA, CONTAINED IN GRANT DEED, RECORDED DECEMBER 24, 1979, IN BOOK 2473, PAGE 657, OFFICIAL RECORDS. AP NO. 068-150-099 PRELIM 0 0 ORDER NO.: 00237363-005 - FH in accordance with Section 18662 of the Revenue and Taxation. Code, a buyer may be required to withhold and deliver to the Franchise Tax Board (FTB) either (a) an amount equal to three and one-third percent of the sales price or (b) elect an alternate withholding amount based on. applying the maximum tax rate to the seller's estimated gain, in the case of disposition of California' real property interest ("Real Property") by either: 1) a seller who is an individual or when the disbursement instructions authorize the proceeds to be sent to a financial intermediary of seller, or 2) a corporate seller that has no permanent place of business in California. If the seller elects an alternate withholding amount, the maximum tax rates are as follows: (a) 9.3% for individuals, (b) 8.84% for corporations, and (c) 10.84% for banks and financial corporations. For failure to withhold, Section 1.8668 of the California Revenue and Taxation Code provides that the buyer may become subject to a penalty in the amount equal to the greater of 10% of the amount required to be withheld or five hundred dollars ($500.00). However, notwithstanding any other provision included in the California statutes referenced in Section 18668, no buyer will be required to withhold if: Withholding exemptions for individual and non -individual sellers: • The total sales price of the property conveyed does not exceed ($100,000.00) or • Property qualifies as the seller's principal residence, or decedent's if being sold by decedent's estate, within meaning of IRC Section 121, or • Property was last used as the seller's principal residence (or decedent's, if being sold by decedent's estate) without regard to two-year time period. • Sales resulting in a loss for California tax purposes or • Like -kind exchanges with the exception of boot (fRC Section 103 1) or • Involuntary conversions (IRC Section 1033) or • Transfer to a corporation controlled by the transferor (IRC Section 351.) or contribution to a partnership in exchange for a partnership interest (IRC Section 721). • Corporations with a permanent place of business in California or • Partnerships or, LLCs (which is not a single member LLC) or • Tax exempt entities, insurance companies, IRAs or qualified pension plans or charitable remainder trust. • Bank or banks acting as a fiduciary for a trust • Certain foreclosures The Seller is subject to penalty in the amount of $1,000.00 or 20% of the amount required to be withheld, whichever isgreater, for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. The California statutes referenced in Section 18668 include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on non -individual sellers only on a case-by-case basis. in the event the buyer requires the withholding of three and one-third percent of sales price .from the seller's proceeds, the buyer is required to file copy A of FTB Form 593 with. the Franchise Tax Board along with. the withholding amount due no later than the 20a' day of the month following the month in which the withholding occurred to the following address: Franchise Tax Board P.O. Box 942867 Sacramento, CA 94267-0651 Buyer and seller acknowledge receipt of this notice. If you have questions, contact your tax advisor, an attorney, or the Franchise Tax Board at (888) 792-4900, (916) 845-4900 (outside of the U.S.) or by fax at (916) 845-9512. PRELIM Oscrow No.: 00237363 -005FH AFFIDAVIT OF SELLER BUYER AND/OR OWNER BEFORE ME, personally appeared ("Affiant"), who having been duly sworn, deposes and says that; Affiant is the owner of, or intends to own, real property located in Butte County, California, described in the Preliminary Title Report, attached hereto. 2. Affiant is, or will be, in exclusive possession of the Property, and no other party has any right or claim of possession or use of the Property, except as set forth in Exhibit `B" or Rent Statement attached hereto. There are no recorded or unrecorded easements, covenants or restrictions affecting the Property, other than those listed in Preliminary Title Report for the above referenced. Escrow, attached hereto. There are no judgments, assessments, tax liens or other liens against Seller or the Property remaining unpaid, and the Property is free and clear of all encumbrances except as set forth on. the Preliminary Title Report, attached hereto. There .have been no improvements made to the Property within the 90 day period iirunediately preceding the execution hereof, and there are no bills, statements or other invoices for labor, materials or services applicable to or affecting the Property or any improvements thereon, remaining unpaid. 6. To the best of Affiant's knowledge, there are no suits or matters pending against Affiant that could give rise to a lien that would attach to the Property prior to the recordation of the documents applicable to this transaction. To the best of Affiant's knowledge, there are no bankruptcy or insolvency proceedings, voluntary or involuntary, threatened or pending against Affiant and there are no grounds upon which any such proceeding could be filed against Affiant. Affiant has not executed and will not execute any instrument that would adversely affect the title to or interest in the Property prior to the .recordation of the documents applicable to this transaction. Affiant hereby executes this .Affidavit to induce Bidwell. Title & Escrow Company to issue title insurance on the Property. 10. To the best of the Affiant's knowledge, there are no structure violations; building violations, or health and safety violations. Under penalties of perjury., I declare that I have examined this Preliminary Title Report and it is true, correct, and complete. This affidavit is attached to and made a part of the Preliminary Title Report herein. I PRELIM • WER NO.: 00237363-005 - FH BEDWELL TITLE & ESCROW COMPANY STEWART TITLE GUARANTY COMPANY, CHICAGO TITLE INSURANCE COMPANY, TICOR TITLE INSURANCE COMPANY, SECURITY UNION TITLE INSURANCE COMPANY, FIRST AMERICAN TITLE INSURANCE COMPANY February 1, 2003 Title V of the Granum -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you t5rom the following sources: • From applications or other forms we receive from you or your authorized representative; • From your transactions with, or from the services being performed by, its, or our affiliates, or others; • From our internet web sites; • From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and e From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your- Personal information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal information We may share your Personal Information with our affiliates, such as insurance companies, securities and banking providers, agents; and other real estate settlement service providers. We also may disclose your Personal Information: • to agents, brokers or representatives to provide you with services you have requested; • to third -party contractors or service providers who provide services or perform marketing or other functions on our behalf; and • to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. We,do not disclose any nonpublic personal information about you with anyone for any purpose that is not specifically permitted by law. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability to Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal .information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also. certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance 011 icer Bidwell Title Sc Escrow Company 500 Wall Street Chico, CA 95928 IKultiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. PRELIM' • *ER NO.: 00237363-005 - FH EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY — 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attomeys' Fees or expenses) which arise by reason of: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may he asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by rite public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of the policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of - I. (a) Any law. ordinance or goventmentai regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of [he land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part, or (iv) environmental protection, or the effect of any violation of' these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a detect, lien or encumbrance resulting from, a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental policy power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured. claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the slate the insured claimant became an insured under this policy. (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. 5. invalidity or unenforceability of the lien of the insured mortgage, or claim thereof. which arises out of the transaction evidence by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. (i. Any claim, which arises out of the transaction vesting the insured the estate or interest insured by the policy or the transition creating the interest of the insured lender, by reason of the operation of federal bankruptcy, stare insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B — 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE . I. Any law, ordinance or governmental regulation (including but not limited to building and toning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land; or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of lite land; or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights ol'eminent domain or governmental rights ofpolicy power unless notice o€the exercise ofsuch rights appears in the public records at Date of Policy. 3. Defucrs. liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no toss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. PREWA O ER NO.: 00237363-005 - FH 3. AMERICAN .LAND TITLE ASSOCi.ATION OWNER'S POLICY FORM B -1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests. or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements. claims ofeasement or encumb-ances which are not shown by the public records'. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a. correct survey would disclosed, and which are not shown by the public records. 5. Unparented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore, or hereafter furnished, imposed by law and nor shown by the public records. 4. AM.ER.iCAN LAND TITLE ASSOCIATION LOAN POLICY — 1.970 WITH A.L.T.A. ENDORSEMENT FORM 1. COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE L. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of policy power unless notice ofthe exercise ofsuch rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by die insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Linen forceabiIit), of the lien of the insured mortgage because of failure of the Insured at Date of .Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOANPOLICY —1.970 WIT" REGIONAL. EXCEPTIONS When the American Lind'ritle Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the hallowing exceptions to coverage appear in the policy. SCHEDULE B 'llnis policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclosed, and which are not shown by the public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore, or hereafter furnished, imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY —1992 WITH. A.L.T.A. ENDORSEMENT FORM. 1. COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason oF. I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions, or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area ofthe land or any parcel of which the land is or was a. part; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the'land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the insured claimant; PRELIM • WER NO.: 00237363-005 - FH (b) not known to the Company, not recorded in the public records at Date' of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to die date the insured claimant became an insured under this policy; (c) resulting in no toss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien ofthe insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage that would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner ofthe indebtedness, to comply with applicable "doing -business" laws ofthe state where the land is situated. 5. Invalidity or unenforceability ofthe lien ofthe insured mortgage, or claim thereof which arises out ofthe transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds ofthe indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out ofthe transaction creating the interest ofthe mortgage insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest ofthe insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer, or (ii) the subordination of the interest of the insured mortgagee as a result of the application ofthe doctrine ofequitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCI.ATiON LOAN POLICY —1992 WITH REGI.ONA:L EXCEPT.i'ONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage 311)ear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclosed, and which are not shown by the public records. 5. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. .Any lien, or right to a lien, for services, labor or material heretofore, or hereafter furnished, imposed by taw and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY — 1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will nor pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions, or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area ofthe land or any parcel of which the land is or was a part; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violatiml or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) .Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a. defect, lien or encumbrance resulting from a violation or alleged violation affecting the laid has been recorded in the public records at Date of Policy. 2. Rights of eminent domain. unless notice ofthe exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any Zing which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under'this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date ofPolicy; or (e) resulting in loss or damage that would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interested insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer, or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value ora judgment or lien creditor. • WER NO.: 00237363-005 - FH 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY — 1.992 WITH REGIONAL EXCEPTIONS When the American Land Tide Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection or said land or by making inquiry ofpersons in possession thereof. 3. Easements, claims ofeasement or encumbrances which are notshown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclosed, and which are not shown by the public records. 5. Unparented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore, or hereafter furnished, imposed by law and not shown by the public records. 1.0. AMERICAN LAND TITLE ASSOCIATION RESIIANT1AL TITLE INSURANCE POLICY —1.987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resultuig from:: I. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • Improvements on the land • land division • Environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • A notice ofexercising the right appears in the public records on the Policy Date. • The taking happened prior to the Policy Date and is binding on you, if you bought the land without knowing the taking 3. Title Risks: • That are created, allowed, or agreed to by you • That are known to you, but not to us, on the Policy Date — unless they appeared in the public records • That result in no loss to you • T -hat first affect your title after the Policy Date — this does not limit the tabor and material lien coverage in item 8 of Covered Title Risks 4. Failure to pay value for you title. 5. Lack of a rieht: • To any land outside the area specifically described and referred to in hem 3 of Schedule A; OR • In streets, alleys; or waterways that touch your land. This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. PRELIM ER NO.: 00237363-005 - FH EXHIBIT B AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY OF TITLE INSURANCE - 2006 EXCLUSIONS FROM COVERAGE The following matter are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of L (a) .Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion I (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. Tris Exclusion I(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provident under Covered Risk 7 or 8. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date. of Policy, but l(nown to the insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no toss or damage to die Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is: (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Data of Policy and the date of recording of the deed or other instrument of transfer in Public Records that vests Title as shown in Schedule A. EXCEPTIONS FROM COVERAGE— SCHEDULE B, PART ONE This policy does not insure against loss or damage (and the Company will not pay costs, attonleys' fees or expenses) that arise by reason of I. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, tights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof', not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and nor shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water tights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY OF TITLE .INSURANCE - 2006 EXCLUSIONS FROM COVERAGE The following matter are expressly excluded from the coverage of this policy, and tine Company will not pay loss or damage, costs, attomeys' fees, or expenses that arise by reason of: I. (a) Any law, ordinance, permit, or goventmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment ofthe land; (ii) the character, dimensions, or location ofany improvement erected. on the Land: (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these. laws, ordinances, or governmental regulations. This Exclusion !(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion I(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights ofeminent domain. finis Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. ' Defects, liens; encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or -damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or PPISLIt"I • WER NO.: 00237363-005 - FH (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability• ofthe lien of the Insured Mortgage because of the inability or failure ofan Insured to comply with applicable doing -business laws ofthe state where the land is situated. S. Invalidity or unenforceability in whole or in part ofthe lien ofthe Insured Mortgage that arises, out ofthe transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. G. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien ofthe Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential tansfer for any reason not stated in Covered Risk 13(b) ofthis policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Data of Policy and the data of recording ofthe Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). EXCEPTIONS FROM COVERAGE — SCHEDULE B, PART 1, SECTION ONE This policy does nor insure against loss or damage (and the Company will not pay costs; attorneys' fees or expenses) that arise by reason of. I. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claim% that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession ofthe Land. 3. Easement-,, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circurnstance.affecting the Title that would be disclosed by an accurate and complete land survey ofthe Land and not shown by the Public. Records. i. (a) Unpatented mining claims, (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. PRELIM 4 PTN. SEC. 14, T. 19N. R. 4E. M. D. B. &M. 13-1 OROVILLE WYANDOTTE FRUITLANDS UNIT 13, 11 M.O.R. 19120 .. ...... . . 361 M A-3 , .4. — Mpaod ft=y . 1 My end P&.m fb— == Nie M 5W. -d loud &MWsknai*m¢ta. Alo &W, b amwed b the -a of the kAmnatinn Aam w my An—w'nq% Butte County Assessor's Mop Book 68, Page 15 CREATED BY DB CREATED ON B-21-2001 RNSED BY 081 WOSED ON 6-15-2005 1 OTECTNE 2006-07 ROLL Compiled By The Suffe County Assessor's Office 1I' �EP 3 0 2003 26 MM�N% Federal Communications Comi ssii Es COUNTY Wireless Telecommunications Bureau a SEP 3 0 RADIO STATION AUTHORIZATION DEVSLOPMENT 3>L`RVICES LICENSEE: SACRAMENTO VALLEY LIMITED PARTNERSHIP ATTN: REGULATORY SACRAMENTO VALLEY LIMITED PARTNERSHIP 1120 SANCTUARY PKWY, #150 GASASREG ALPHARETTA, GA 30009-7630 I SQANNED FCC Registration Number (FRN): 0002972149 Market Name Chico, CA Call Sign File Number KNKA463 1 0003862989 Radio Service CL - Cellular Market Number Channel Block CMA215. B Sub -Market Designator 0 Grant Date Effective Date Expiration Date Five Yr Build -Out Date Print Date 02-05-2008 06-10-21 01-22-2018 06-10-2009 Site Information: Location Latitude Longitude, Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. l 39-43-59.6 N 1.21-47-13.9 W 80.1 95.1 1209136 Address: KHSL 1700 BRUCE ROAD City: CHICO County: BUTTE State: CA Construction Deadline: Antenna: I Azimuth (from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT (meters) -90.000 -217.400 -144.500 57.100 105.800 110.400 107.700 93.500 Transmitting ERP (watts) 0.190 0.190 0.190 7.640 57.950 91.870 30.400 1.750 Antenna: 2 Azimuth (from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT (meters) -90.000 -217.400 -144.500 57.100 105.800 110.400 107.700 93.500 Transmitting ERP (watts) 74.670 14.230 0.330 0.190 0.190 0.750 19.190 78.190 Antenna: 3 Azimuth (from true north) 0 45 90 135 180 225 270 315 Antenna Height AAT (meters) -90.000 -217.400 -144.500 57.100 105.800 110.400 107.700 93.500 Transmitting ERP (watts) 2.590 39.170 91.890 54.090 6.360 0.190 0.190 0.190 Location Latitude Longitude Ground Elevation Structure Hgt to Tip Antenna Structure (meters) (meters) Registration No. 2 39-4449.6 N 121-38-13.9 W 471.8 42.7 Address: PG&E PARRADISE RADIO VAULT SKYWAY AT VISTA VIEW RD. City: PARADISE County: BUTTE State: CA Construction Deadline: Conditions: Pursuant to §309(h) of the Communications Act of 1934, as amended, 47 U.S-C. §309(h), this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein. Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934, as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by §706 of the Communications Act of 1934, as amended. See 47 U.S.C. §606. FCC 601-C Page l of 3 August 2007 J. f� ., rr AM i�s i %ngj...�Oj '!/.•' iAe i vr" ✓�� � ., � ''t �I� � � � moi. t. dNa'4 1 tr r gam- .�CO3Iht�� [r` +.r .t Fy •r.a . ff , 11 1 a r� : `tis. �n at a Tool & Die a General Machining Hours I ,. i0. GEORGE ROTBASEAN Call 24 hrs -y; (530) 533-6827 i •• r _ '!:s—yh�� 't �. r _ _...= !�'•.:s� ' \ i, j; •. � ity, ,... , Cf � l ,t a �� `a,,rs„�~��"� c� '" rre�ss �ht •F _ cs� -+ T 'kms„ .`'«�9�ar�'�•+�``��'R��"'�• .� ,. Gold Country Casino 4� fa North sidepf-Olive Hwy itt� i • � a CA 95966 Proposed r: u��: �� eye t z r:et,J r nwireless -' � - ..y.J•a,e '•�"� .•�•a-o..:_ .�.i.�i e1�L'�9� —-�!Alflli!III�pYtli�': .hEl!{i!Inl lllfGbx. ..�,r.._ �NICaCj���l��1f��k.�7.'�?".�i�ie�f11 r Photosimulation of view looking west along westbound Olive Hwy. Proposed antennas M „i 111.111 M. m j mA . 11111u ®® a s September, 2009 �'' Gold Country Casino North side f -Olive Hwy 0= , CA 95966 0 0 0 o v@l`l�Onwireless © Copyright 2009, Previsualists Inc., all rights reserved. Any modification, alteration, cropping, copying or editing of any portion of this image is strictly prohibited and considered a violation of US copyright laws. This photosimulation is based upon information provided by the project applicant. Questions or comments? call 1-877-799-3210 or visit www.photosim.com BUTTE COUNTY SEP 2 9 2009 DEVELOPMENT SERVICES • September, 2009 Photosimulation of view looking northeast from the casino main parking lot. This photosimulation is based upon information provided by the project applicant. Questions or comments? call 1-877-799-3210 or visit www.photosim.com ��•: -� ,•n•c ,�� '"G— • Onwireless BUTTE COUNTY To: Matt Brown SEP 2 9 2009 From: Doug Picard DEVELOPMENT SERVICES Date: September 9, 2009 Re: Gold Country Casino Power Density The Gold Country Casino cell site proposed to be built on a PG&E utility pole at the intersection of Olive Highway and Tyme Way in Oroville is intended to improve Verizon cellular service in eastern Oroville, including along significant portions of the Olive Highway and Oro Dam Boulevard. It will enhance wireless communications services for many Oroville residents as well as benefitting the many visitors to the Lake Oroville State Recreation Area. In order to calculate power density for this site, we assume the maximum power the SC4812MC station equipment will produce. Manufacturer's specifications are 27 watts per sector -per carrier. This value plus the antenna gain (13.5 dBd) provide a maximum of 3627 Watts ERP for six CDMA and EVDO carriers. Using a 131 ft. antenna centerline height we calculate the following: At the base of the tower: 0.000001 µW/cm2 100 ft. from the base of the tower: 0.000418 µW/cm2 1000 ft. from the base of the tower: 0.307498 µW/cm2 5280 ft. from the base of the tower: 0.046741 µW/cm2 The ANSI standard for our cellular frequency (880 — 894 MHz) is 587 µW/cm2. At 1000 ft. from the base of the tower, the resulting power density of 0.307498 µW/cm2 represents 0.05'1* of the standard. These numbers were calculated taking this site's specific antenna patterns into account. The power density 1000 ft. away from the tower is greater than the power density at the base of the tower because the antenna's power is directed outward rather than downward. Vertical pattern of typical antenna used. Figure shows majority of the energy is directed outward, not downward. 0 Page 1 Doug Picard Sr. RF Engineer Verizon Wireless • Page 2 Mark Lobaugh From: Matt Brown (mbrown@comp►etewireless.netj Sent: Thursday, September 03, 2009 2:40 PM To: 'Mark Lobaugh' Subject: RE: Other Candidates identified for Gold CountryCasino Attachments: NC 2008 Search Ring PROJECT REQUEST Form_Gold_Country.xls Page 1 of 1 Mark, Here is the info I have on the other candidates identified for the Gold Country Casino search ring. Again, this was one that Tony T. did so I do not have a lot of knowledge about each of these candidates other than what I was able to find within the Z drive. Your second question you wanted information on is the search ring itself, which is located within the Z drive. I attached it to this e-mail so you have all items requested from site acquisition together. Please let me know if you require anything else. Thanks. Candidate Selected: Colocation on existing PG&E Transmission Line. Tower # 10/49. Other Candidates: 1.) Evangelical Free Church: This site was proposed as a new build site. Initially, the roof was explored as an option and the Church declined not wanting anything on their sanctuary. They suggested an area behind the parking lot and at the time verbally agreed to a monopole design. They later called back and mentioned that they were not interested in having a facility like this on their parcel. This candidate was not selected based upon lack of landlord interest. 2.) Gold Country Casino: The roof of the 7 story Casino building was proposed as a potential candidate; however, all other sites looked at provided a greater height based upon ground elevation (AMSL). It was determined that a monopole in the parking lot was the best option for this candidate at this site. This monopole in the parking lot was not selected as a candidate because of excessive monthly rent requested by the Bureau of Indian Affairs. ($4000 month in rent). 3.) PG&E Transmission Tower: Another PG&E transmission tower was explored as a potential colocation candidate for this search ring. It was PG&E Tower # 50 40596088 south of Olive Highway and south of the selected PG&E colocation candidate. Due to the topography and elevation of this tower, RF was unable to obtain the necessary height to accomplish their objective within this search ring. Matt Brown, Project Manager Complete Wireless Consulting 2009 V Street, Sacramento, CA 95818 (916)862-4969(P) (916) 313-3730 (F) mbrownCcDcompletewireless. net 9/3/2009 BUT F, COUNTY SEP 2 9 2009 DEVELOPMENT SERVICES BUTTE COUNTY SEP 2 9 2009 "on:Oroville ROPL IVZW coverage with proposed site on PG&E tower near Gold Country Casino depc913:50:132009 Plane - California I Datum: NAD83 p Center Let: 39-31-04.40 N r ❑ Center Lon: 121-29-27.19 W Cells ❑ EP Lbl: Cell Name ++ ❑ ❑ f �] r Sectors 40 z CO `�a w ■ water ❑ ❑ major_highway ❑ secondary_highway �{ t ❑ arterial—road ❑ b ' ❑ �collector—road �%. � ❑lightlight_duty_road D _ - B county_boundary Q . ° F1.CDMA RL OPL DD fl Operational Path Loss (dB FO AY 0 13 ® <= 113 ■ 0 ❑ <= 123 ® <= 133 ❑ Scale: 1:100000 �;'�' �. ■ �,r� ❑ Mies N Or mollverigonwimiess U.;- �- _ IIS❑ UQD 4� I L. �i r� l� GeoPlan v5.5.2 — ❑M _ p—d .���-;'! r �Proprietary and Confidential 00 t 3 30-00 N 131 101 [EBB] 11 ❑0 Q � , I • , IQ Lu 0 Q -s � a❑a f � �"- � r � I .�, O r ■ Y ,= •� �1 ooh-"�i o o a �r� p mot q d ❑ �- ` . -a -\ N, . ' 0 0 'In n6 � jo�od ° o ° o L -M 18 Search Ring: #REF! Theoretical Search Ring Coordinates Doug Picard DMS -> DD 10 -Oct -07 Lattitude (DMS) in NAD 27 Longitude (DMS) in NAD 27 Decimal NAD27 Decimal NAD27 DD MM SSSS DD MM SS.SS Lat Long -> 39 30.00 16.56 121 30 3.60 <-- 39.5046 -121.501 Callmapper Jul y_IAoutlier_bysit e July_LCoutlier_bysite ® Telephia Failure ♦ Baseline Failure Build List Sector Legend: 13 Capacity driving sectors ❑ Outlier sectors: LC >1.5% 0 Remaining sectors LCvoIume by_120_day_LC_voI 60,000 to 150,000 (❑ 30,000 to 60,000 IAVOIume by_120_day_IA_voI ® 60,000 to 150,000 30,000 to 60,000 BUTTE COUNTY SEP 2 9 2009 DEVEL(DPML. N, SERVICES 0 0 0 C� L n RESOLUTION 10-01 A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING USE PERMIT UP09-0011 WHEREAS, the Planning Commission has considered Use Permit UP09-00011 for CompleteWireless, in accordance with Chapter 24, Section 45; Use Permits, of the Butte County Code on Assessor's Parcel Number 068-150-099; 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 noticed public hearing was held on January 28, 2010; 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 no significant environmental effects after implementation of recommended mitigation measures. B. The Planning Commission has considered the 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 Complete Wireless, Planning Division File No. UP09- 0011, would have a significant effect on the environment. D. The Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. E. The custodian of the record is the Department of Development Services. The location of the record is 7 County Center Drive, Oroville CA 95965. 11. 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. Makes the following Use Permit findings: Page l of 10 ■ • A. The proposed location, size, design, and operating characteristics of the proposed use are in accordance with the purpose of this Ordinance, the purpose of the zone in which the site is located, the Butte County General Plan, and the development policies and standards of the County because: 1. Conditions of approval have been applied to this project pursuant to the applicable requirements of Section 24-262 (Wireless Communication Facilities). The project is in accord with the purposes of the HC (Highway Commercial) zone and the Butte County General Plan designation of Low Density Residential. The HC zone allows collocations with approval of a use permit when the tower facility has not been previously subjected to a discretionary permit process within which there was full CEQA compliance. The Low Density Residential land use designation allows public uses and utilities as Secondary Uses. 2. Collocation of antennas on a previously approved tower decreases the need for communication towers elsewhere to provide service. Reducing the number of communication towers needed to provide necessary service is a benefit to the County. B. The location, size, design, and operating characteristics of the proposed use would be compatible with, and would not adversely affect, or be detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to: 1. Harmony in scale, bulk, coverage, and density: The proposed antennas would not substantially increase the height of the existing communications tower or extend horizontally beyond the other existing antennas. 2. The availability of public facilities, services and utilities: Electrical power service is already established at the property and no additional services or utilities would be required with this project. A water source and a sewage disposal system are not required because the facility will be unmanned. 3. The harmful effect, if any, upon desirable neighborhood character: The radio-frequency emissions from the proposed antennas would meet FCC standards for public exposure. The proposed antennas would not result in a significant visual impact to the neighborhood in that the new antennas and mounting hardware are relatively small and would be painted to match the existing color of the communications tower. The proposed antennas would not generate any noise. . 4. The generation of traffic and the capacity and physical character of surrounding streets: Only a negligible amount of vehicle traffic would occur during installation of the antennas and equipment cabinets. The communications facility Page 2of10■ would be unmanned and only one site visit per month. would be required by maintenance personnel after installation. 5. The suitability of the site for the type and intensity of use or development which is proposed: The site is ideally suited for the project because the proposed antennas would be mounted on a previously approved communications tower that would provide wireless service to Oroville and the unincorporated Oroville area. 6. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed collocation application to County Agencies and has received no evidence that the use would cause any other relevant impact. C. Based on the above findings, the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare, or injurious to properties or improvements in the vicinity. D. The radio-frequency emissions generated by the antennas on the communications tower would be below the public exposure limits set by the FCC for wireless communication facilities. E. The proposed antennas would not create any impacts to aircraft operations because they will not substantially increase the height of the previously approved communications tower nor extend horizontally beyond the other proposed antennas. F. Wireless telephone services are regulated by the California Public Utilities Commission and are considered to be a public use consistent with the Highway Commercial zone and the LDR General Plan land use designation. IV. Approves Modification of Setbacks (from the base of the tower to property line) of 34.5' to the west and 50.3' to the south. A. The Subject parcel is located within a Non -Residential Zone District (A-15 through A-160, C-1, C-2, C -C, H -C, N -C L -I, M-1, M-2). The existing tower is located within a Highway Commercial (HQ Zone District, a Non-. Residential Zone District. B. The Subject parcel is located less than 1000 feet and more than 300 feet from any existing Residential use. The subject parcel is located over 325 feet from the nearest residence. C. The Subject parcel adheres to the following criteria: 1. Setback distances for the facility cannot be less than setbacks for primary structures in the applicable zone district. Setback distances for the HC Page 3 of 10 ■ zone district are not required unless adjacent to a . residential zoning district in which case the setbacks would be 10 feet for the side yards, and ten feet for the rear yard. Setbacks exceed 10 feet in all directions. 2. The facility is not located within an area designated within a scenic overlay designation.. The property is designated Low Density Residential; the site is not designated with a scenic overlay. 3. The facility is not located within 500 feet of any building or feature located on a local or state historic or cultural significance list. The project site is on a previously graded site containing a PG&E tower and non-native grasslands. The project would not require the removal of any trees or structures and is not located within 500 ft of any building or feature potentially of cultural or historic significance. 4. The facility is not incompatible or inconsistent with an adopted airport land use plan, nor would interfere with agricultural aircraft operations. The project is not located within the vicinity of any airports or airstrips. 5. The facility does not create a hazardous condition to. the general health, safety, and welfare. The project has been conditioned to include mitigation measures and conditions of approval to reduce hazardous conditions to a less than significant level, including a requirement for a Hazardous Material Release Response Plan to be submitted to Butte County Environmental Health as required by Chapter 6.95 of the California Health& Safety Code prior to the issuance of a building permit. 6. Modifications of setback standards would not interfere with other standards or requirements addressed within this code. Modified setbacks standards have not been determined to conflict or interfere with other code sections. 7. All lighting on the proposed facility, including identification or warning lights required by the FAA or other public agency, is oriented so as to not directly illuminate any residential use on the ground, providing that such orientation/shielding complies with FAA or other federal or state agency requirements. No lighting is proposed on the facility. 8. The facility must be aesthetically and architecturally compatible with the surrounding environment. The new pole facility shall incorporate slim -line technology, stealth camouflaging features, and/or neutral colors The applicant -supplied photo simulation of the existing tower and proposed extension, which is attached at the back of the initial study (Appendix D). The proposed 12' box/extension will be compatible with, and visibly insignificant in relationship to, the existing 123' PG&E tower on which it will be located and with other PG&E towers in the corridor. Page 4 of 10 ■ 9. Associated support buildings shall be designed to architecturally match the exterior of buildings in the surrounding area. The lease area and support equipment proposed are of a size and character compatible with the Gold Country Casino across Olive Highway. The facilities will not be architecturally inconsistent with residential structures in the vicinity. V. Approves Use Permit 09-0011 for Complete Wireless, subject to the findings and conditions in Exhibit "A" A. The proposed use will comply with each of the applicable provisions of Butte County Code Chapter 24, Section 262. Conditions of approval have been applied to this project pursuant to the applicable requirements of Section 24- 262 (Wireless Communication Facilities), except the setbacks which are modified in section II above. The project is in accord with the purposes of the AR (Agricultural Residential) and HC (Highway Commercial) zones and the Butte County General Plan designation of Low Density Residential. Where the proposed collocation tower facility was not subject to discretionary review with full CEQA compliance, the A-40 (Agricultural, forty acre minimum) allows collocations with approval of a Use Permit. The Low Density Residential land use designation allows public utilities as Secondary Uses. DULY PASSED AND ADOPTED this 28th day of January, 2010, by the following vote: AYES: Commissioners Becker, Marin, Moore, Wilson, and Chair Nelson NOES: None ABSENT: None ABSTAIN: None ATTEST: TIM SNELLINGS, Secretary Planning Commission County of Butte, State of California Page 5of10■ Charles S. Nelson, Chair Planning Commission County of Butte, State of California EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION • DATE: (Certified Mail Rec.) UP09-0011 PERMIT NO. 068-150-099 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Complete Wireless is hereby granted a Use Permit to add 12' to an existing 122.4' PG&E transmission tower (tower #189465) for collocation/titilization as a wireless communications facility. The addition will accommodate a total of twelve (12) new antennas at a proposed height of 130.4 feet. In addition, two (2) proposed microwave dishes and a 192 sq ft equipment shelter are proposed within a 655 sf lease area. The tower extension requires modification of the standard setback ratio of one foot of setback per one foot of height, as permitted by Butte County Code section 24-262 (g) with Use Permit. Proposed setbacks from the extended tower to parcel boundaries are approximately as follows: East 110.4, West 34.5', North 530.7' and South 50.3'. Failure to comply with the conditions specified herein as the basis for approval of this Use Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-41. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this Use Permit must be established within 12 months of the delivery of the countersigned permit to the Permittee. 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 one year of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. Page 6 of 10 ■ 5. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. Conditions of Approval: Planning Division 1. Mitigation Measure #1: Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: a. Water shall be applied by means of truck(s), hoses, and/or sprinklers as needed prior to.any land clearing or earth movement to minimize dust emissions. b. Haul vehicles transporting soil into or out of the property shall be covered. C. A water truck shall be on site at all times during development activities. Water shall be applied to disturbed areas a minimum of two (2) times per day or more as necessary. d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e. 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). f. All visibly dry disturbed soil surface areas of operation shall be watered to minimize dust emissions. g. Existing roads and street adjacent to the project shall be cleaned at least once per day if dirt or mud from the project site has been tracked onto these roadways, unless conditions warrant a greater frequency. Plan Requirements: The note shall be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: Department of Development Services shall ensure that this note is placed on all building and site development plans. Building inspectors 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: Should development activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the resource and implement appropriate Page 7of10■ mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains. Plan Requirements: This note shall be placed on all building and site development plans. Timing: This measure shall be implemented during all site development activities. Monitoring: The applicant/developer shall notify the Planning Division if any cultural resources are uncovered. Should cultural resources be discovered, the Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 3. 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 date- stamped September 29, 2009, and is incorporated herein by this reference. 4. All ground level support Facilities shall be painted and 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. 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 all associated towers in excess of thirty (30) feet in height will withstand sustained winds as required by the International Building Code.. 6. No advertising or display shall be permitted on the Facility. 7. The installation of the Facility shall not violate any existing deed restrictions. 8. There shall be no outdoor vehicle or equipment storage except for emergency purposes. 9. The Facility shall fall within current standards and regulations of the Federal Aviation Administration (FAA), the FCC, and any other State and/or Federal agency with the authority to regulate such Facility. If such standards and regulations are changed, the property owner or responsible party shall bring the Facility into compliance with such revised standards and regulations within ninety (90) days of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling agency. 10. The Facility or combination of the Facilities on the site shall not generate, at any time, electromagnetic frequency radiation (EMF) or radio frequency radiation (RF) in excess of the FCC adopted standards for human exposure, as amended over time. 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 Page 8of10■ 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. 11. If it is found that the Facility is or will be detrimental to the health, safety, or welfare of persons working or residing near such facility, then the service provider(s) and property owner shall be jointly and solely responsible for the removal, adjustment, or replacement of the Facility. In no case shall the Facility remain in operation if it is found to create a hazard to health, safety, and welfare. The Facility shall not be found to create a hazard to health, safety, or welfare as a result of EMF or RF emissions from the Facility so long as it meets all current standards established by the FCC, pursuant to FCC Office of Engineering and Technology Bulletin 65. 12. Prior to issuance of 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. 13. All Facilities that are not in continual use for a period of six (6) months shall be considered abandoned. Abandoned Facilities are hereby designated as unlawful and as public nuisances, requiring no amortization period. 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. 14. The Facility may not encroach into, under, over, above, or upon any public street in the unincorporated area of the County in the absence of a valid encroachment permit from the County. 15. The Facility shall be secured at all times to prevent access by the public. 16 The collocation of the antennas allowed by this Use Permit requires the issuance of a building permit from the Butte County Building Division. The Building Division, based upon engineered calculations submitted by the applicant, may determine that the tower cannot physically support the requested number of antennas. If that is the case, the number of new antennas allowed on the tower may be less than the number of antennas permitted by this Use Permit. Public Works 17. Prior to establishing use, or issuance of a building permit, 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. Page9of10■ Environmental Health Division 18. Prior to issuance of a building permit, provide a completed Hazardous Materials Release Response Plan to Butte County Environmental Health as required by Chapter 6.95 of the California Health & Safety Code. Pacific Gas and Electric 19. Any relocation or rearrangement of any existing PG&E facilities in the area to accommodate this project will be at the expense of the developer. County Counsel 20. 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 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. Date: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Division permits before starting construction, nor does it waive any other requirements. cc: Land Development Division Building Division Environmental Health Division Butte County Fire Department/CDF Assessors Office Page 10 of 10 ■ V rK RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSI6N APPROVING USE PERMIT UP09-0011 WHEREAS, the Planning Commission has considered Use Permit UP09-00011 for CompleteWireless, in accordance with Chapter 24, Section 45; Use Permits, of the Butte County Code on Assessor's Parcel Number 068-150-099; 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 noticed public hearing was held on January 28, 2010; 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 no significant environmental effects after implementation of recommended mitigation measures. B. The Planning Commission has considered the 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 Complete Wireless, Planning Division File No. UP09- 0011, would have a significant effect on the environment. D. The Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. E. The custodian of the record is the Department of Development Services. The location of the record is 7 County Center Drive, Oroville CA 95965. 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)). ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ January 28, 2010■ Complete Wireless UP09-0011 Agenda Report ■ Page 7 of 16 ■ IIl. Makes the following Use Permit findings: A. The proposed location, size, design, and operating characteristics of the proposed use are in accordance with the purpose of this Ordinance, the purpose of the zone in which the site is located, the Butte County General Plan, and the development policies and standards of the County because: 1. Conditions of approval have been applied to this project pursuant to the applicable requirements of Section 24-262 . (Wireless Communication Facilities). The project is in accord with the purposes of the HC (Highway Commercial) zone and the Butte County General Plan designation of Low Density Residential. The HC zone allows collocations with approval of a use permit when the tower facility has not been previously subjected to a discretionary permit process within which there was full CEQA compliance. The Low Density Residential land use designation allows public uses and utilities as Secondary Uses. 2. Collocation of antennas on a previously approved tower decreases the need for communication towers elsewhere to provide service. Reducing the number of communication towers needed to provide necessary service is a benefit to the County. B. The location, size, design, and operating characteristics of the proposed use would be compatible with, and would not adversely affect, or be detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to: 1. Harmony in scale, bulk, coverage, and density: The proposed antennas would not substantially increase the height of the existing communications tower or extend horizontally beyond the other existing antennas. 2. The availability of public facilities, services and utilities: Electrical power service is already established at the property and no additional services or utilities would be required with this project. A water source and a sewage disposal system are not required because the facility will be unmanned. 3. The harmful effect, if any, upon desirable neighborhood character: The radio-frequency emissions from the proposed antennas would meet FCC standards for public exposure. The proposed antennas would not result in a significant visual impact to the neighborhood in that the new antennas and mounting hardware are relatively small and would be painted to match the existing color of the communications tower. The proposed antennas would not generate any noise. 4. The generation of traffic and the capacity and physical character of surrounding streets: ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ January 28, 2010■ Complete Wireless UP09-0011 Agenda Report ■ Page 8 of 16 ■ Only a negligible amount of vehicle traffic would occur during installation of the antennas and equipment cabinets. The communications facility would be unmanned and only one site visit per month would be required by maintenance personnel after installation. 5. The suitability of the site for the type and intensity of use or development which is proposed: The site is ideally suited for the project because the proposed antennas would be mounted on a previously approved communications tower that would provide wireless service to Oroville and the unincorporated Oroville area. 6. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed collocation application to County Agencies and has received no evidence that the use would cause any other relevant impact. C. Based on the above findings, the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare, or injurious to properties or improvements in the vicinity. D. The radio-frequency emissions generated by the antennas on the communications tower would be below the public exposure limits set by the FCC for wireless communication facilities. E. The proposed antennas would not create any impacts to aircraft operations because they will not substantially increase the height of. the previously approved communications tower nor extend horizontally beyond the other proposed antennas. F. Wireless telephone services are regulated by the California Public Utilities Commission and are considered to be a public use consistent with the Highway Commercial zone and the LDR General Plan land use designation. IV. Approves Modification of Setbacks (from the base of the tower to property line) of 34.5' to the west and 50.3' to the south. A. The Subject parcel is located within a Non -Residential Zone District (A-15 through A-160, C-1, C-2, C -C, H -C, N -C L -I, M-1, M-2). The existing tower is located within a Highway Commercial (HQ Zone District, a Non - Residential Zone District. B. The Subject parcel is located less than 1000 feet and more than 300 feet from any existing Residential use. The subject parcel is located over 325 feet from the nearest residence. C. The Subject parcel adheres to the following criteria: ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ January 28, 2010■ Complete Wireless UP09-0011 Agenda Report ■ Page 9 of 16 ■ I . Setback distances for the facility cannot be less than setbacks for primary structures in the applicable zone district. Setback distances for the HC zone district are not required unless adjacent to a residential zoning district in which case the setbacks would be 10 feet for the side yards, and ten feet for the rear yard. Setbacks exceed 10 feet in all directions. 2. The facility is not located within an area designated within a scenic overlay designation. The property is designated Low Density Residential; the site is not designated with a scenic overlay. 3. The facility is not located within 500 feet of any building or feature located on a local or state historic or cultural significance list. The project site is on a previously graded site containing a PG&E tower and non-native grasslands. The project would not require the removal of any trees or structures and is not located within 500 ft of any building or feature potentially of cultural or historic significance. 4. The facility is not incompatible or inconsistent with an adopted airport land use plan, nor would interfere with agricultural aircraft operations. The project is not located within the vicinity of any airports or airstrips. 5. The facility does not create a hazardous condition to the general health, safety, and welfare. The project has been conditioned to include mitigation measures and conditions of approval to reduce hazardous conditions to a less than significant level, including a requirement for a Hazardous Material Release Response Plan to be submitted to Butte County Environmental Health as required by Chapter 6.95 of the California Health& Safety Code prior to the issuance of a building permit. 6. Modifications of . setback standards would not interfere with other standards or requirements addressed within this code. Modified setbacks standards have not been determined to conflict or interfere with other code sections. 7. All lighting on the proposed facility, including identification or warning lights required by the FAA or other public agency, is oriented so as to not directly illuminate any residential use on the ground, providing that such orientation/shielding complies with FAA or other federal or state agency requirements. No lighting is proposed on the facility. 8. The facility must be aesthetically and architecturally compatible with the surrounding environment. The new pole facility shall incorporate slim -line technology, stealth camouflaging features, and/or neutral colors The applicant -supplied photo simulation of the existing tower and proposed extension, which is attached at the back of the initial study (Appendix D). The proposed 12' box/extension will be compatible with, and visibly ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ January 28, 2010■ Complete Wireless UP09-0011 Agenda Report ■ Page 10 of 16 ■ insignificant in relationship to, the existing 123' PG&E tower on which it will be located and with other PG&E towers in the corridor. 9. Associated support buildings shall be designed to architecturally match the exterior of buildings in the surrounding area. The lease area and support equipment proposed are of a size and character compatible with the Gold Country Casino across Olive Highway. The facilities will not be architecturally inconsistent with residential structures in the vicinity. V. Approves Use Permit 09-0011 for Complete Wireless, subject to the findings and conditions in Exhibit "A" A. The proposed use will comply with each of the applicable provisions of Butte County Code Chapter 24, Section 262. Conditions of approval have been applied to this project pursuant to the applicable requirements of Section 24- 262 (Wireless Communication Facilities), except the setbacks which are modified in section II above. The project is in accord with the purposes of the AR (Agricultural Residential) and HC (Highway Commercial) zones and the Butte County General Plan designation of Low Density Residential. Where the proposed collocation tower facility was not subject to discretionary review with full CEQA compliance, the A-40 (Agricultural, forty acre minimum) allows collocations with approval of a Use Permit. The Low Density Residential land use designation allows public utilities as Secondary Uses. DULY PASSED AND ADOPTED this 28th day of January, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: , Chair Planning Commission County of Butte, State of California ATTEST: TIM SNELLINGS, Secretary Planning Commission County of Butte, State of California ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ January 28, 2010■ Complete Wireless UP09-0011 Agenda Report ■ Page 11 of 16 ■ USE PERMIT BUTTE COUNTY PLANNING COMMISSION 0 DATE: (Certified Mail Rec.) UP09-0011 PERMIT NO. 068-150-099 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Complete Wireless is hereby granted a Use Permit to add 12' to an existing 122.4' PG&E transmission tower (tower #189465) for collocation/utilization as a wireless communications facility. The addition will accommodate a total of twelve (12) new antennas at a proposed height of 130.4 feet. In addition, two (2) proposed microwave dishes and a 192 sq ft equipment shelter are proposed within a 655 sf lease area. The tower extension requires modification of the standard setback ratio of one foot of setback per one foot of height, as permitted by Butte County Code section 24-262 (g) with Use Permit. Proposed setbacks from the extended tower to parcel boundaries are approximately as follows: East 110.4', West 34.5', North 530.7' and South 50.3'. 1. Failure to comply with the conditions specified herein as the basis for approval of this Use Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-41. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this Use Permit must be established within 12 months of the delivery of the countersigned permit to the Permittee. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Use Permit has been granted is not established within one year of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ January 28, 2010■ Complete Wireless UP09-0011 Agenda Report ■ Page 12 of 16 ■ I • 0" 5. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. Conditions of Approval: Planning Division 1. Mitigation Measure #1: Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: . a. Water shall be applied by means of truck(s), hoses, and/or sprinklers as needed prior to any land clearing or earth movement to minimize dust emissions. b. Haul vehicles transporting soil into or out of the property shall be covered. C. A water truck shall be on site at all times during development activities. Water shall be applied to disturbed areas a minimum of two (2) times per day or more as .necessary. d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e. 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). f. All visibly dry disturbed soil surface areas of operation shall be watered to minimize dust emissions. g. Existing roads and street adjacent to the project shall be cleaned at least once per day if dirt or mud from the project site has been tracked onto these roadways, unless conditions warrant a greater frequency. Plan Requirements: The note shall be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: Department of Development Services shall ensure that this note is placed on all building and site development plans. Building inspectors 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: Should development activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the resource and implement appropriate ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ January 28, 2010■ Complete Wireless UP09-0011 Agenda Report ■ Page 13 of 16 ■ mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains. Plan Requirements: This note shall be placed on all building and site development plans. Timing: This measure shall be implemented during all site development activities. Monitoring: The applicant/developer shall notify the Planning Division if any cultural resources are uncovered. Should cultural resources be discovered, the Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 3. The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. Said site plan is on file in the Planning Division, is identified as "Attachment E", and date-stamped April 1, 2005, and is incorporated herein by this reference. 4. All ground level support Facilities shall be painted and 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. 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 all associated towers in excess of thirty (30) feet in height will withstand sustained winds as required by the International Building Code. 6. No advertising or display shall be permitted on the Facility. 7. The installation of the Facility shall not violate any existing deed restrictions. 8. There shall be no outdoor vehicle or equipment storage except for emergency purposes. 9. The Facility shall fall within current standards and regulations of the Federal Aviation Administration (FAA), the FCC, and any other State and/or Federal agency with the authority to regulate such Facility. If such standards and regulations are changed, the property owner or responsible party shall bring the Facility into compliance with such revised standards and regulations within ninety (90) days of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling agency. 10. The Facility or combination of the Facilities on the site shall not generate, at any time, electromagnetic frequency radiation (EMF) or radio frequency radiation (RF) in excess of the FCC adopted standards for human exposure, as amended over time. 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 ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ January 28, 2010■ Complete Wireless UP09-0011 Agenda Report ■ Page 14 of 16 ■ .s 0 0 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. 11. If it is found that the Facility is or will be detrimental to the health, safety, or welfare of persons working or residing near such facility, then the service provider(s) and property owner shall be jointly and solely responsible for the removal, adjustment, or replacement of the Facility. In no case shall the Facility remain in operation if it is found to create a hazard to health, safety, and welfare. The Facility shall not be found to create a hazard to health, safety, or welfare as a result of EMF or RF emissions from the Facility so long as it meets all current standards established by the FCC, pursuant to FCC Office of Engineering and Technology Bulletin 65. 12. Prior to issuance of 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. 13. All Facilities that are not in continual use for a period of six (6) months shall be considered abandoned. Abandoned Facilities are hereby designated as unlawful and as public nuisances; requiring no amortization period. 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. 14. The Facility may not encroach into, under, over, above, or upon any public street in the unincorporated area of the County in the absence of a valid encroachment permit from the County. 15. The Facility shall be secured at all times to prevent access by the public. 16 The collocation of the antennas allowed by this Use Permit requires the issuance of a building permit from the Butte County Building Division. The Building Division, based upon engineered calculations submitted by the applicant, may determine that the tower cannot physically support the requested number of antennas. If that is the case, the number of new antennas allowed on the tower may be less than the number of antennas permitted by this Use Permit. Public Works 17. Prior to establishing use, or issuance of a building permit, 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. ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ January 28, 2010■ Complete Wireless UP09-0011 Agenda Report ■ Page 15 of 16 ■ 0 0 . 18. Prior to establishing use or issuance of a building permit, deed to Butte County in fee simple 40 feet of right-of-way from the physical centerline of Oroville-Quincy Highway along the entire property frontage. The right-of-way shall be sufficient for the installation of county improvement standard S-5 at all street intersections. Environmental Health Division 19. Prior to issuance of a building permit, provide a completed Hazardous Materials Release Response Plan to Butte County Environmental Health as required by Chapter 6.95 of the California Health & Safety Code. Pacific Gas and Electric 20. Any relocation or rearrangement of any existing PG&E facilities in the area to accommodate this project will be at the expense of the developer. County Counsel 21. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. 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. Date: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Division permits before starting construction, nor does it waive any other requirements. cc: Land Development Division Building Division Environmental Health Division Butte County Fire Department/CDF Assessors Office G:\PROJECTS\UP\CompleteWIRELESS UP09-0011\Planning Commission Documents\Agenda Report\ ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ January 28, 2010■ Complete Wireless UP09-0011 Agenda Report ■ Page 16 of 16 ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT — January 28, 2010 Applicant: Complete Wireless Supervisor 1 District: Owner: Pacific Gas & Electric File #: UP09-0011 Planner: Stacey Jolliffe Request: 1) To add 12' to an existing Location: North of Olive Highway 122.4' PG&E transmission tower (State Route 162) at the for collocation/utilization as a Tyme Way intersection, wireless communications Oroville. facility; twelve (12) new antennas, two (2) proposed microwave dishes, and a 192 sq ft equipment shelter within a 655 sf fenced lease area. 2) Setback modification pursuant to BCC 24-262(g) to allow the following setbacks from property lines to the tower: East 110.4', West 34.5', North 530.7' and South 50.3' G.P.: Low Density Residential 5 Zoning: Highway Commercial (HC); Agricultural Residential (AR) Zone Date: 01/17/1967 APN: 068-150-099 Parcel Size: 2.9 acres EXECUTIVE SUMMARY: Attachments: A: Resolution with Exhibit A B: General Plan/Zoning Map and Vicinity Map C: Initial Study/Mitigated Negative Declaration D: Site Plan Complete Wireless is requesting approval of the Use Permit to add approximately 12 feet to an existing PG&E tower, and construct accessory facilities, for the purpose of collocating a wireless communications facility, north of the Gold Country Casino. The existing PG&E tower does not meet the setback requirements from property line to tower specified by BCC §24-262 (g), or one foot of setback for each foot of tower height. The tower, with proposed extension will be approximately 135'; setbacks of the existing PG&E tower are 34.5' to the west and 50.3' to the south. Setbacks to the east and north meet code requirements. 0'77 ■ Butte County PLANNING COMMISSION AGENDA ■ January 28, 20] On Complete Wireless UP09-0011 Agenda Re[ Staff recommends adoption of the Mitigated Negative Declaration pursuant to the California Environmental Quality Act (CEQA), and approval of the Use Permit, including setback modifications, with findings and conditions. PROJECT DESCRIPTION: • The applicant requests a use permit to add 12' to an existing 122.4' PG&E transmission tower (tower #189465) for collocation/utilization as a wireless communications facility. The addition will accommodate a total of twelve (12) new antennas at a proposed height of 130.4 feet. In addition, two (2) proposed microwave dishes and a 192 sq ft equipment shelter are proposed within a 655 sf lease area. • The tower extension requires modification of the standard setback ratio of one foot of setback per one foot of height, as permitted by Butte County Code section 24-262 (g) with Use Permit. Proposed setbacks from the extended tower to parcel boundaries are approximately as follows: East 110.4', West 34.5', North 530.7' and South 50.3'. • This wireless communications facility would be collocated on an existing electrical transmission tower. Additional carriers would have to find ground space outside the Complete Wireless leased area which is confined to the footprint of the existing tower. • A building permit is required for the proposed tower extension and associated ancillary equipment. • No red obstruction lights or strobe lights are proposed to be placed on the tower. • Once constructed and operational, the communications facility would provide 24-hour service to customers seven days a week. Apart from initial construction activity, no personnel will be stationed at the site. Routine maintenance and inspection of the facility would occur once a month during normal business hours. No water or sewer service is required as the site would normally be unmanned. SITE CHARACTERISTICS: The project parcel is zoned Highway Commercial (HC) / Agricultural Residential (AR) and is designated Low Density Residential by the Butte County General Plan. The (unadopted) preferred land use alternative in GP2030 is Resource Conservation. • Adjacent zoning, general plan designations and land use are presented in the table below. Direction General Plan Designation North Low Density Residential East Low Density Residential South Low Density Residential Southwest Low Density Residential West Low Density Residential Zoning Existing Land Use(s) A -R Vacant H -C Rural Residential H -C/A -R Vacant H -C/A -R Gold Country Casino; Residential H -C Rural Residential • The 655 square foot lease area (where the tower and ground equipment are located) are proposed to be surrounded by a six foot high chain link fence. The facilities are to be located at the top -most twelve feet of the tower. ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ January 28, 2010■ Complete Wireless UP09-0011 Agenda Report ■ Page 2 of 16 ■ C -I J 0 • The existing high voltage tower was permitted and constructed as a public facility by PG&E; no County review or approval is required for this public utility because PG&E served as the lead agency under CEQA for the construction of that facility. • The site is located within the X flood zone per map 06007CO795C dated June 8, 1998. • The site is not located within airport land use compatibility zone. • Access to the site is from Oroville-Quincy Highway. ANALYSIS: Zoning/General Plan Consistency Per Butte County Code Sections 24-262 (d) and (k) (based upon the updated Wireless Communication Facilities Ordinance 3956, approved February 13, 2007), collocations on facilities in the AR (Agricultural Residential) and HC (Highway Commercial) zones require only a building permit, unless the facility was not subject to a county or city discretionary permit process, or where setback modifications are requested. The existing PG&E facility was not subject to a county or city discretionary permit process and setback modifications are requested; therefore, a use permit is required. The project site is designated as Low Density Residential by the Land Use Element Map of the General Plan, which allows public uses as secondary uses (note: mobile phone service providers are considered a public utility because they are regulated by the California Public Utilities Commission). • The proposed collocation complies with the zone standards for the HC (Highway Commercial) zone as stated in Butte County Code Section 24-262(k)(B). Criteria for Grantiniz a Use Permit The criteria for granting a use permit for the 12' extension to the PG&E tower derive both from the generally criteria for granting all use permits (24-45.10) as well as the specific criteria for granting modifications to setbacks for wireless communications facilities (24-262 (g) (3)). 24-45.10 The planning commission, on the basis of the evidence submitted at the hearing, may grant use permits required by the provisions of this chapter when it finds that the proposed uses of the property will not impair the integrity and character of the zone in which the land lies and that the use would not be unreasonably incompatible with, or injurious to, surrounding properties or detrimental to the health and general welfare of the persons residing or working in the neighborhood or to the general health, welfare and safety of the county. Evidence offered at the hearing hereunder shall be received, held and disposed of in the manner set forth in section 24-25.25(b). The following findings support the findings required by BCC §24-45.10: ■ Butte County PLANNING COMMISSION. AGENDA REPORT ■ ■ January 28, 2010■ Complete Wireless UP09-0011 Agenda Report ■ Page 3 of 1.6 ■ Land Use ;ust The project would not result in a significant increase in air emissions, fugitive emissions, light, noise, or vehicle traffic. • Only a minor amount of construction activity would be required to install the proposed antennas and wiring. • The proposed antennas are not expected to create any significant visual impacts because they would increase the height of the existing 122 foot tower by approximately twelve (12) feet. • Photo simulations (see Attachment C) of the proposed antennas show that they would not significantly change the appearance of the tower. • The project site is not located within an Airport Compatibility Zone. Radio-Freauencv (RF) Emissions ;icard, A radio-frequency analysis, prepared by a registered electrical engineer (Doug Senior Radio Frequency Engineer with Verizon Wireless) and incorporated in the project file, determined that the emissions from the existing and proposed antennas would not exceed the Federal Communication Commission's (FCC) general exposure limits at ground level in any uncontrolled areas. • Including all collocation facilities on the tower and at 1,000 feet from the base of the tower, the resulting power density of .000418 µW/cm2 represent 0.05% of the FCC's uncontrolled limits. • The proposed operation of the site would be in compliance with the FCC requirements for public exposure to RF radiation. Conditions The project has been conditioned to meet the requirements of Section 24-262, including: • Radio-frequency emissions in excess of FCC standards are not allowed. • Facilities that are not in continual use for a period of six (6) months shall be considered abandoned and must be removed. • Written verification submitted annually attesting that the radio frequency radiation/electromagnetic frequency (RF/EMF) emitted by the facility conforms to safety standards set forth in FCC Office of Engineering & Technology Bulletin 65 (Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields, August 1997). • Submittal of a bond or cash deposit to cover the cost of a radio-frequency study. and removal of the proposed facilities. • Engineering analysis to ensure that the proposed communications tower would be able to support the proposed antennas. ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ January 28, 2010■ Complete Wireless UP09-0011 Agenda Report ■ Page 4 of 16 ■ 0 0 %vironmental The project application materials were circulated to Butte County Counsel, Health, Building, Public Works/Land Development, Assessor's Office, Agricultural Commissioner, LAFCo and the California Department of Forestry. No concerns or conditions were noted. • With mitigation measures proposed on the project, construction of the project will not result in a significant increase in fugitive dust emissions, or noise. Criteria for Granting Setback Modifications The criteria for granting modifications to setbacks are set forth below with corresponding analysis in italics.- 24-262 talics: 24-262 (g) (3) Setback modifications may be permitted for new wireless communication facilities, as approved as part of the applicable project review process, if: b. Subject parcel (i) is located within a Non -Residential Zone District (A-15 through A-160, C-1, C-2, C- C, H -C, N -C L -I, M-1, M-2). The existing tower is located within a Highway Commercial (HQ Zone District, a Non -Residential Zone District. (ii) is located less than 1000 feet and more than 300 feet from any existing Residential use. The subject parcel is located over 325 feet from the nearest residence. (iii) adheres to the following criteria: Setback distances for the facility cannot be less than setbacks for primary structures in the applicable zone district. Setback distances for the HC zone district are not required unless adjacent to a residential zoning district in which case the setbacks would be 10 feet for the side yards, and ten feet for the rear yard. Setbacks exceed 10 feet in all directions. The facility is not located within an area designated within a scenic overlay designation. The property is designated Low Density Residential; the site is not designated with a scenic overlay. The facility is not located within 500 feet of any building or feature located on a local or state historic or cultural significance list. The project site is on a previously graded site containing a PG&E tower and non-native grasslands. The project would not require the removal of any trees or structures and is not located within 500 ft of any building or feature potentially of cultural or historic significance. The facility is not incompatible or inconsistent with an adopted airport land use plan, nor would interfere with agricultural aircraft operations. The project is not located within the vicinity of any airports or airstrips. ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ January 28, 2010■ Complete Wireless UP09-0011 Agenda Report ■ Page 5 of 16 ■ • 0 The facility does not create a hazardous condition to the general health, safety, and welfare. The project has been conditioned to include mitigation measures and conditions of approval to reduce hazardous conditions to a less than significant level, including a requirement for a Hazardous Material Release Response Plan to be submitted to Butte County Environmental Health as required by Chapter 6.95 of the California Health& Safety Code prior to the issuance of a building permit. Modifications of setback standards would not interfere with other standards or requirements addressed within this code. Modified setbacks standards have not been determined to conflict or interfere with other code sections. All lighting on the proposed facility, including identification or warning lights required by the FAA or other public agency, is oriented so as to not directly illuminate any residential use on the ground, providing that such orientation/shielding complies with FAA or other federal or state agency requirements. No lighting is proposed on the facility. The facility must be aesthetically and architecturally compatible with the surrounding environment. The new pole facility shall incorporate slim -line technology, stealth camouflaging features, and/or neutral colors The applicant -supplied photo simulation of the existing tower and proposed extension, which is attached at the back of the initial study (Appendix D). The proposed 12' box/extension will be compatible with, and visibly insignificant in relationship to, the existing 123' PG&E tower on which it will be located and with other PG&E towers in the corridor. Associated support buildings shall be designed to architecturally match the exterior of buildings in the surrounding area. The lease area and support equipment proposed are of a size and character compatible with the Gold Country Casino across Olive Highway. The facilities will not be architecturally inconsistent with residential structures in the vicinity. ENVIRONMENTAL REVIEW: An Initial Study was prepared for this project which identified two potential environmental effects resulting from the project. Although no cultural resources are anticipated to occur on site, should they be encountered during subsurface excavations, mitigation is provided to ensure proper handling of cultural resources. Also standard dust control measures are recommended. With these mitigation measures, impacts would be reduced to a less than significant level. A Mitigated Negative Declaration is recommended. The Initial Study/Mitigated Negative Declaration was made available for public review at the Planning Division and on-line at the Butte County web site for a 20 -day review period. The review period began on January 7, 2010 and ended on January 27, 2010. A Notice of Intent for the Mitigated Negative Declaration was published in the Chico Enterprise Record and Oroville Mercury Register, and notices were sent to owners of properties within 300' of the project. No negative comments were received from the public as of the time this report was published. ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ January 28, 2010■ Complete Wireless UP09-0011 Agenda Report ■ Page 6 of 16 ■ 0 • RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING USE PERMIT UP09-0011 WHEREAS, the Planning Commission has considered Use Permit UP09-00011 for CompleteWireless, in accordance with Chapter 24, Section 45; Use Permits, of the Butte County Code on Assessor's Parcel Number 068-150-099; 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 noticed public hearing was held on January 28, 2010; 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 no significant environmental effects after implementation of recommended mitigation measures. B. The Planning Commission has considered the 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 Complete Wireless, Planning Division File No. UP09- 0011, would have a significant effect on the environment. D. The Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. E. The custodian of the record is the Department of Development Services. The location of the record is 7 County Center Drive, Oroville CA 95965. Il. 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)). ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ January 28, 2010■ Complete Wireless UP09-0011 Agenda Report ■ Page 7 of 16 ■ 0 0 III. Makes the following Use Permit findings: A. The proposed location, size, design, and operating characteristics of the proposed use are in accordance with the purpose of this Ordinance, the purpose of the zone in which the site is located, the Butte County General Plan, and the development policies and standards of the County because: 1. Conditions of approval have been applied to this project pursuant to the applicable requirements of Section 24-262 (Wireless Communication Facilities). The project is in accord with the purposes of the HC (Highway Commercial) zone and the Butte County General Plan designation of Low Density Residential. The HC zone allows collocations with approval of a use permit when the tower facility has not been previously subjected to a discretionary permit process within which there was full CEQA compliance. The Low Density Residential land use designation allows public uses. and utilities as Secondary Uses. 2. Collocation of antennas on a previously approved tower decreases the need for communication towers elsewhere to provide service. Reducing the number of communication towers needed to provide necessary service is a benefit to the County. B. The location, size, design, and operating characteristics of the proposed use would be compatible with, and would not adversely affect, or be detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to: 1. Harmony in scale, bulk, coverage, and density: The proposed antennas would not substantially increase the height of the existing communications tower or extend horizontally beyond the other existing antennas. 2. The availability of public facilities, services and utilities: Electrical power service is already established at the property and no additional services or utilities would be required with this project. A water source and a sewage disposal system are not required because the facility will be unmanned. 3. The harmful effect, if any, upon desirable neighborhood character: The radio frequency emissions from the proposed antennas would meet FCC standards for public exposure. The proposed antennas would not result in a significant visual impact to the neighborhood in that the new antennas and mounting hardware are relatively small and would be painted to match the existing color of the communications tower. The proposed antennas would not generate any noise. 4. The generation of traffic and the capacity and physical character of surrounding streets: ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ January 28, 2010■ Complete Wireless UP09-001 I Agenda Report ■ Page 8 of 16 ■ • 0 Only a negligible amount of vehicle traffic would occur during installation of the antennas and equipment cabinets. The communications facility would be unmanned and only one site visit per month would be required by maintenance personnel after installation. 5. The suitability of the site for the type and intensity of use or development which is proposed: The site is ideally suited for the project because the proposed antennas would be mounted on a previously approved communications tower that would provide wireless service to Oroville and the unincorporated Oroville area. 6. Any other relevant impact of the proposed use: The Planning Division has circulated the proposed collocation application to County Agencies and has received no evidence that the use would cause any other relevant impact. C. Based on the above findings, the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained would ' not be detrimental to the public health, safety, or welfare, or injurious to properties or improvements in the vicinity. D. The radio-frequency emissions generated by the antennas on the communications tower would be below the public exposure limits set by the FCC for wireless communication facilities. E. The proposed antennas would not create any impacts to aircraft operations because they will not substantially increase the height of. the previously approved communications tower nor extend horizontally beyond the other proposed antennas. F. Wireless telephone services are regulated by the California Public Utilities Commission and are considered to be a public use consistent with the Highway Commercial zone and the LDR General Plan land use designation. ISI. Approves Modification of Setbacks (from the base of the tower to property line) of 34.5' to the west and 50.3' to the south. A. The Subject parcel is located within a Non -Residential Zone District (A-15 through A-160, C-1, C-2, C -C, H -C, N -C L -I, M-1, M-2). The existing tower is located within a Highway Commercial (HQ Zone District, a Non - Residential Zone District. B. The Subject parcel is located less than 1000 feet and more than 300 feet from any existing Residential use. The subject parcel is located over 325 feet from the nearest residence. C. The Subject parcel adheres to the following criteria: ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ January 28, 2010■ Complete Wireless UP09-0011 Agenda Report ■ Page 9 of 16 ■ 1. Setback distances for the facility cannot be legs than setbacks for primary structures in the applicable zone district. Setback distances for the HC zone district are not required unless adjacent to a residential zoning district in which case the setbacks would be 10 feet for the side yards, and ten feet for the rear yard. Setbacks exceed 10 feet in all directions. 2. The facility is not located within an area designated within a scenic overlay designation. .The property is designated Low Density Residential; the site is not designated with a scenic overlay. 3. The facility is not located within 500 feet of any building or feature located on a local or state historic or cultural significance list. The project site is on a previously graded site containing a PG&E tower and non-native grasslands. The project would not require the removal of any trees or structures and is not located within 500 ft of any building or feature potentially of cultural or historic significance. 4. The facility is not incompatible or inconsistent with an adopted airport land use plan, nor would interfere with agricultural aircraft operations. The project is not located within the vicinity of any airports or airstrips. 5. The facility does not create a hazardous condition to the general health, safety, and welfare. The project has been conditioned to include mitigation measures and conditions of approval to reduce hazardous conditions to a less than significant level, including a requirement for a Hazardous Material Release Response Plan to be submitted to Butte County Environmental Health as required by Chapter 6.95 of the California Health& Safety Code prior to the issuance of a building permit. 6. Modifications of setback standards would not interfere with other standards or requirements addressed within this code. Modified setbacks standards have not been determined to conflict or interfere with other code sections. 7. All lighting on the proposed facility, .including identification or warning lights required by the FAA or other public agency, is oriented so as to not directly illuminate any residential use on the ground, providing that such orientation/shielding complies with FAA or other federal or state agency requirements. No lighting is proposed on the facility. 8. The facility must be aesthetically and architecturally compatible with the surrounding environment. The new pole facility shall incorporate slim -line technology, stealth camouflaging features, and/or neutral colors The applicant -supplied photo simulation of the existing tower and proposed extension, which is attached at the back of the initial study (Appendix D). The proposed 12' box/extension will be compatible with, and visibly ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ January 28, 2010■ Complete Wireless UP09-0011 Agenda Report ■ Page 10 of 16 ■ insignificant in relationship to, the existing 123' PG&E tower on which it will be located and with other PG&E towers in the corridor. 9. Associated support buildings shall be designed to architecturally match the exterior of buildings in the surrounding area. The lease area and support equipment proposed are of a size and character compatible with the Gold Country Casino across Olive Highway. The facilities will not be architecturally inconsistent with residential structures in the vicinity. V. Approves Use Permit 09-0011 for Complete Wireless, subject to the findings and conditions in Exhibit "A" A. The proposed use will comply with each of the applicable provisions of Butte County Code Chapter 24, Section 262. Conditions of approval have been applied to this project pursuant to the applicable requirements of Section 24- 262 (Wireless Communication Facilities), except the setbacks which are modified in section II above. The project is in accord with the purposes of the AR (Agricultural Residential) and HC (Highway Commercial) zones and the Butte County General Plan designation of Low Density Residential. Where the proposed collocation tower facility was not subject to discretionary review with full CEQA compliance, the A-40 (Agricultural, forty acre minimum) allows collocations with approval of a Use Permit. The Low Density Residential land use designation allows public utilities as Secondary Uses. DULY PASSED AND ADOPTED this 28th day of January, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: , Chair Planning Commission County of Butte, State of California ATTEST: TIM SNELLINGS, Secretary Planning Commission County of Butte, State of California ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ January 28, 2010■ Complete Wireless UP09-0011 Agenda Report ■ Page 11 of 16 ■ • 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 BUTTE. COUNTY PLANNING COMMISSION AGENDA January 28, 2010 TIME: 9:00 a.m. PLACE: Board of Supervisors' Room County Administration Center 25 County Center Drive Oroville, CA 95965 I. PLEDGE OF ALLEGIANCE II. ROLL CALL - Commissioners Becker, Moore, Nelson, Wilson and Chair Marin III. SELECTION- Selection of Chair, Vice Chair and second Vice Chair for 2010. IV. ACCEPTANCE OF AGENDA - Commission members and staff may request additions, deletions, or changes"in the Agenda order. V. BUSINESS FROM THE FLOOR ON ITEMS NOT ALREADY ON THE AGENDA (Presentations will be limited to five minutes. The Planning Commission is prohibited by State Law from taking action on any item presented if it is not listed on the Agenda). VI. - PUBLIC HEARINGS - The Chair will call for staff comments. The hearing will be opened to the public for proponents, opponents, comments, and rebuttals. The hearing will be closed to the public and discussion.confined to the Commission. The Commission will then make a motion and vote on the item. It is requested that public initiated presentations be limited to a maximum of 5 minutes so that all interested parties will have an opportunity to address the Commission. Following your presentation, please print your name and address on the speakers sheet so that the record will be accurate. The recommendation of County staff is indicated below. It is only a recommendation and has not yet been considered by the Planning Commission. Copies of the Staff Report are available at the Planning Division Office between 8:00 a.m. and 12:00 p.m. Monday through Friday, or on the Butte County Department of Development Services website at hLp:Htinyuri.com/2009agendas A. TPM08-0003 continued open from December 10, 2009 Name: Robert Cameron Project: Tentative Parcel Map Planner: Stacey Jolliffe APN: 061-490-049 Zoning: U and.S-H Location: On the west side of Oro -Quincy Hwy, if mile north of the Canyon Creek Bridge, on the north side of Lake Oroville, Berry Creek ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA ■ JANUARY 28, 2010 ■PAGE 1 ■ Proposal: Tentative Parcel Map to divide a 46.15± acre parcel into two parcels, one 22.21± acres and one 23.94± acres in size. Recommendation: Continue open until March 25, 2010. There is a 10 -day appeal period on decisions with the Clerk of the Board. B. UP09-0011 Name: Complete Wireless Project: Use Permit Planner: Stacey Jolliffe APN: 068-150-099 Zoning: A-R/H-C Location: On the north side of Olive Highway. (State Route 162) at the Tyme Way intersection, Oroville. Proposal: A Use Permit to add 12' to an existing 122.4' PG&E transmission tower (tower #189465) for collocation/utilization as a wireless communications facility. The addition will accommodate a total of twelve (12) new antennas at a proposed height of 130.4 feet. In addition, two (2) proposed microwave dishes and a 192 sq ft equipment shelter are proposed within a 655 sf lease area. Recommendation: Approve a resolution adopting a Mitigated Negative Declaration pursuant to the California' Environmental Quality Act (CEQA) Guidelines and approving the Use Permit UP0970011 with findings and conditions. There is a 10 -day appeal period' on decisions with the Clerk of the Board. C. MUP09-0004 Name: AT&T Wireless (c/o Frank Schabarum) Project: Minor Use Permit Planner: Mark Michelena APN: 068-150-051 Zoning: A -R Location: On the north side of Oro Quincy Highway, approximately 1,675 feet northwest of State Route 162 (Olive Highway), Oroville. Proposal: Use Permit to collocate on an existing self -supported 146.58 foot PG&E transmission tower and occupying a. 300 square foot lease area for the ground equipment. The collocation will include twelve (12) panel antennas and two 2' diameter microwave antennas below the existing transmission wires. Recommendation: Approve a resolution adopting the Negative Declaration pursuant to the California Environmental Quality Act (CEQA) Guidelines and approving the Minor Use Permit MUP09-0004 with findings and conditions. There is a 10 -day appeal period on decisions with the Clerk of the Board VII. WORKSHOPS — The following are items placed on the agenda at the request of the Commission or staff in order for the Commission to receive or provide information, or to provide direction to staff on various issues: At the conclusion of a staff presentation, the Chair will call for any interested person to comment on the subject being addressed by the workshop. It is requested that public comments be limited to a maximum of 5 minutes so that all interested parties will have an opportunity to address the Commission. Following your comments, please print your name and address on the speakers sheet so that the record will be accurate. A. Public Workshop regarding Medical Marijuana Dispensaries and Related Regulations Staff: Kathleen Kehoe Greeson, Deputy County Counsel ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA m JANUARY 28, 2010 ■PAGE 2 ■ VIII. GENERAL BUSINESS - This section of the -agenda is to be utilized by the Planning Commission and Director of Development Services on items of interest, general discussion, or items for which staff has been directed to do research and bring back to the Commission. Items may not always be addressed at every hearing, but will always be listed as part of the agenda. A. Directors' Report B. Status Report on Interim Amendments to Butte County Code C. Update on Recent Board of Supervisors' Actions D. Legislative Case Law Update E. Planning Commission Concerns IX. COMMUNICATIONS - Communications received'and referred. (Copies of all communications are available in the Planning Division Office.) X. MINUTES A. December 10, 2009 Meeting XI. ADJOURNMENT ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA ■ JANUARY 28, 2010 ■PAGE 3 ■ EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP09-0011 PERMIT NO. 068-150-099 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Complete Wireless is hereby granted a Use Permit to add 12' to an existing 122.4' PG&E transmission tower (tower #189465) for collocation/utilization as a wireless communications facility. The addition will accommodate a total of twelve (12) new antennas at a proposed height of 130.4 feet. In addition, two (2) proposed microwave dishes and a 192 sq ft equipment shelter are proposed within a 655 sf lease area. The tower extension requires modification of the standard setback ratio of one foot of setback per one foot of height, as permitted by Butte County Code section 24-262 (g) with Use Permit. Proposed setbacks from the extended tower to parcel boundaries are approximately as follows: East 110.4', West 34.5', North 530.7' and South 50.3'. Failure to comply with the conditions specified herein as the basis for approval of this Use Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-41. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this Use Permit must be established within 12 months of the delivery of the countersigned permit to the Permittee. 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 one year of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ January 28, 2010■ Complete Wireless UP09-0011 Agenda Report ■ Page 12 of 16 ■ 0 0 5. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. Conditions of Approval: Planning Division 1. Mitigation Measure #1: Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below: . a. Water shall be applied by means of truck(s), hoses, and/or sprinklers as needed prior to any land clearing or earth movement to minimize dust emissions. b. Haul vehicles transporting soil into or out of the property shall be covered. C. A water truck shall be on site at all times during development activities. Water shall be applied to disturbed areas a minimum of two (2) times per day or more as necessary. d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e. 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). f. All visibly dry disturbed soil surface areas of operation shall be watered to minimize dust emissions. g. Existing roads and street adjacent to the project shall be cleaned at least once per day if dirt or mud from the project site has been tracked onto these roadways, unless conditions warrant a greater frequency. Plan Requirements: The note shall be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: Department of Development Services shall ensure that this note is placed on all building and site development plans. Building inspectors 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: Should development activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the resource and implement appropriate ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ January 28, 2010■ Complete Wireless UP09-0011 Agenda Report ■ Page 13 of 16 ■ s mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains. Plan Requirements: This note shall be placed on all building and site development plans. Timing: This measure shall be implemented during all site development activities. Monitoring: The applicant/developer shall notify the Planning Division if any cultural resources are uncovered. Should cultural resources be discovered, the Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. 3. The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. Said site plan is on file in the Planning Division, is identified as "Attachment E", and date-stamped April 1, 2005, and is incorporated herein by this reference. 4. All ground level support Facilities shall be painted and screened from view with adequate ling appro pr;ate--tom the -,1axoR*dg_zyir_ onment. All aesthetic treatments, including landscaping shall be maintained as approved for the life of the Facility. 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 all associated towers in excess of thirty (30) feet in height will withstand sustained winds as required by the International Building Code. 6. No advertising or display shall be permitted on the Facility. 7. The installation of the Facility shall not violate any existing deed restrictions. 8. There shall be no outdoor vehicle or equipment storage except for emergency purposes. 9. The Facility shall fall within current standards and regulations of the Federal Aviation Administration (FAA), the FCC, and any other State and/or Federal agency with the authority to regulate such Facility. If such standards and regulations are changed, the property owner or responsible party shall bring the Facility into compliance with such revised standards and regulations within ninety (90) days of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling agency. 10. The Facility or combination of the Facilities on the site shall not generate, at any time, electromagnetic frequency radiation (EMF) or radio frequency radiation (RF) in excess of the FCC adopted standards for human exposure, as amended over time. 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 ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ January 28, 2010■ Complete Wireless UP09-0011 Agenda Report ■ Page 14 of 16 ■ 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. 11. If it is found that the Facility is or will be detrimental to the health, safety, or welfare of persons working or residing near such facility, then the service provider(s) and property owner shall be jointly and solely responsible for the removal, adjustment, or replacement of the Facility. In no case shall the Facility remain in operation if it is found to create a hazard to health, safety, and welfare. The Facility shall not be found to create a hazard to health, safety, or welfare as a result of EMF or RF emissions from the Facility so long as it meets all current standards established by the FCC, pursuant to FCC Office of Engineering and Technology Bulletin 65. 12. Prior to issuance of 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. 13. All Facilities that are not in continual use for a period of six (6) months shall be considered abandoned. Abandoned Facilities are hereby designated as unlawful and as public nuisances, requiring no amortization period. 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. 14. The Facility may not encroach into, under, over, above, or upon any public street in the unincorporated area of the County in the absence of a valid encroachment permit from the County. 15. The Facility shall be secured at all times to prevent access by the public. 16 The collocation of the antennas allowed by this Use Permit requires the issuance of a building permit from the Butte County Building Division. The Building Division, based upon engineered calculations submitted by the applicant, may determine that the tower cannot physically support the requested number of antennas. If that is the case, the number of new antennas allowed on the tower may be less than the number of antennas permitted by this Use Permit. Public Works 17. Prior to establishing use, or issuance of a building permit, 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. ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ January 28, 2010■ Complete Wireless UP09-0011 Agenda Report ■ Page 15 of 16 ■ 0 0 Prior to establishing use or issuance of a building permit, deed to Butte County in fee simple 40 feet of right-of-way from the physical centerline of Oroville-Quincy Highway along the entire property frontage. The right-of-way shall be sufficient for the installation of county improvement standard S-5 at all street intersections. Environmental Health Division 19. Prior to issuance of a building permit, provide a completed Hazardous Materials Release Response Plan to Butte County Environmental Health as required by Chapter 6.95 of the California Health & Safety Code. Pacific Gas and Electric 20. Any relocation or rearrangement of any existing PG&E facilities in the area to accommodate this project will be at the expense of the developer. County Counsel 21. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. 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. Date: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Division permits before starting construction, nor does it waive any other requirements. cc: Land Development Division Building Division Environmental Health Division Butte County Fire Department/CDF Assessors Office G:\PROJECTS\UP\Complete WIRELESS UP09-0011\Planning Commission Documents\Agenda Report\ ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ January 28, 2010■ Complete Wireless UP09-0011 Agenda Report ■ Page 16 of 16 ■ c r a vi pher m ' youse L ne Tre Rd o acifi 0 m n Ave Occiden al v Railroad Ivd O - o m r °c_.Camel Ave c" 3 Ca - MIN n v a T Low -, ��`�1j� Jui m an snjl!o -E v � '"' D eac s ccnese P tman v n o �'oi 1°`vp �o Pi a i IN IO 6 A0 U-1 uez Bea r d % o T -11 -ml 1d � QC R. �uwi■ 4p i m s CL O CL Dr Table ' �a °d Ravine u� nna! uo!nO uo6"0 Dr Fa i i u oq�,nq . 0 a0 C N CD CD 1 3 O O O CS G CD CD n v a T Low d t m an snjl!o -E v y D eac s ccnese P tman v n o �'oi 1°`vp a a i IN IO 6 A0 U-1 uez Bea r d % o PI ugsn0 1d � QC ti • aaluao lolls! 4p i m s CL O � CD CD N �\O o. niers anch Rd �5J J° a < i sion Iv n CL k ,a ale 1¢ Q3 lsaj° jo6ue9 9111nO10 3c, /QMH I se Wall Rd CL Dr Table ' �a °d Ravine u� nna! uo!nO uo6"0 Dr Fa i i u oq�,nq . 0 a0 C N CD CD 1 3 O O O CS G CD CD 0 I>rojectName:,.Use:PerrnitLTP,09-0011 for Complete-Vrireless ,7.0 -CONSULTED AGENCIES: IES: [X] Environmental'Heal ' th Public: orks BCAG ALuc [X] Assessor [X] Devd6pmentServices [x] Air Qua]. Maiiagemebt'Dist [XJ Ctty ofChico City of 0n City:of.0rI 9Y ille: [X] CA Department of Forestry [X] Caltran&(Traffiq) J Department of Conservation, [X] Dept :ofFish and Game Arm ,y Corps of Engineers, [X] US Fish & Wldlife Service, ButteLCO. Farm Bureau— 'Or'ov'ille Ufiion'1'Sc'h66l b,iit..- El Medic, Hie Dept, SFWPA [X] PG&E Paicific Bell [ ]' Aiiiiiial Control' County.Coungel 8.0 PROJECT SPONSOR(S PROPOSED PROJECT: Me have reviewed.the Initial -Study for the Complete. i application and particularly the mitigation, measures i . a application; onfile,-with the Butte , qoun-1yTldnnifig;De mitigations.s.e1jorth in lhis7lniliatSludy. Project _Spohiof/Pr6lectA'gen-t' Project Sponsor/Project Agent U lanning\prqJects\upNcom plete wireless Building Manager LAFCo _ Chico .Unifie.d School Distr. City" ,.of Biggs Town of'Paradise -.Central Reg. Wat*er Quality' Highway Patrol, Agricultural Commissioner Feather RiverR,cc. Dist.- 10APUD Palermo Union School Dist. F MITIGATION INTO eless Use -Perin -it (APN,# 0.68 .mo -099) rfled'herein, Me hereby -madly. the (ment to. include --and incorporate all 116101 Date Date m - B 6tfe County'Deipaitment ofDeV616priiiiit&rvices m m1riffial Study — C6filpletJ6 Wireless; UP09-0011,m Page. 256f 30 w 10 ProjectName: UsePermlt UP09-0011 for Complete Wireless This project is al ready acol Iocation due to the original electrical transmission tower. Additional carriers would have to find ground space outside the Complete Wi rel ess I eased area which is confined to the footprint of the existing tower. A building permit is required for the proposed tower extension and associated ancillary equipment. No red obstruction I ights or strobe I ights are proposed to be placed on the tower. Once constructed and operational, the communications facility would provide 24-hour service to customers seven days a week. Apart from initial construction activity, no personnel will be stationed at the site. Routine maintenanceand inspection of the facility would occur once a month during normal business hours. No water or server service is required as the sitewould normally be unmanned. M. Public Agency Approvals: Butte County Planning Division, Butte County Building Division, Butte County Fire Department/CDF, Butte County Publ ic Works Department. 2.0 DETERMINATION I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will beprepared. [X] I find that although the proposed project COULD have a significant effect on theenvironment, therewill NOT bea significant effect in this case because revisions have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will beprepared. [ ] I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL I M PACT REPORT i s requi red. [ ] 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 theearlier analysisas described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyzeonly theeffectsthat remain to beaddressed. [ ] I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have beers analyzed adequately in an earlier EI R 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 ,<,Zuii required 41 06 Io Prepay II'ffe, Principal Planner Date 01-06-10 Reviewed by: Chuck Thistlethwaite, Planning Manager Date ■ Butte County Department of Development Services ■ Initial Study —Complete Wireless, UP09-0011 ■ Page 3 of 30 ■ *TTE COUNTY RECEII' � a , *RECEIPT NUMBER PREFIXES* B/P = Development Services - Building/Planning Division (530)538-7601 EH = Environmental Health (530)538-7281 PW = Public Works Department (530)538-7681 Receipt Number: P1309 Date Paid: 9/29/2009 Paid By: Complete Wireless Consult, Inc Received By: MEM Project Number: UP09-0011 Pay Method: CHECK 12177 Site Apn: 068-150-099 Description: New Tower Printed: 9/29/2009 2:03 pm Site Address: CA Applicant: Complete Wireless Consult, Inc Fee Description Account Number Fee Amount DP Fish/Game - Negative Dec 09 1001-0-280-1011460 $1,993.00 DP GPMF General Plan Maint Fee 0010-440001-4610311-10113311 $139.37 DP Publishing/Legal Notices 09 0010-440001-204401-101001 $163.00 DP Tech Maint Fee 09 0010-440001-4610312-101001 $30.97 DP Use Permit 09 0010-0-204401-101001 $3,097.00 DPCR Recorders Fee 09 0010-470001-4612319-101001 $50.00 DPEHLUP Use Permit 0021-540011-4614901-101001 $631.00 DPFPP Use Permit 09 0100-450001-4617240-101001 $114.00 DPLDRF Use Permit 09 0010-440004-4611700-101001 $244.00 Total Fees Paid: $69462.34 Alb GENERAL NOTES PROJECT DIRECTORY 1 DRAWINGS ARE NOT TO BE SCALED, WRITTEN DIMENSIONS TAKE OWNER APPLICANT: LANDLORD: PRECEDENCE, AND THIS SET OF PLANS IS INTENDED TO BE USED FOR BUTTE VERIZON WIRELESS PG&E DIAGRAMMATIC PURPOSES ONLY, UNLESS NOTED OTHERWISE. THE GENERAL CONTRACTOR'S SCOPE OF WORK SHALL INCLUDE FURNISHING ALL MATERIALS, COUNTY 255 PARKSHORE URIVE 77 BEALE STREET, 26TH FLOOR FOLSOM, CA 95630 SAN FRANCISCO, CA 94105 EQUIPMENT, LABOR AND ANYTHING ELSE DEEMED NECESSARY TO COMPLETE INSTALLATIONS AS DESCRIBED HEREIN. PRIOR TO THE SUBMISSION OF BIDS, THE CONTRACTORS INVOLVED SHALL SEP Z 9 2009 �fcL CONSTRUCTION MANAGER: NSR THE JOB SITE AND FAMILIARIZE THEMSELVES WITH ALL CONDITIONS MANUEL S. TSIHIAS BOB SCHROEDER AFFECTING THE PROPOSED PROJECT, WITH THE CONSTRUCTION AND CONTRACT DOCUMENTS, FIELD CONDITIONS AND CONFIRM THAT THE PROJECT MAY BE DEVELOPMENT SERVICES MST ARCHITECTS, INC. COMPLETE WIRELESS CONSULTING, INC. 801 ALHAMBRA BLVD., SURE 2 2009 V STREET ACCOMPLISHED AS SHOWN PRIOR TO PROCEEDING WITH CONSTRUCTION. ANY SACRAMENTO, CA 95816 SACRAMENTO, CA 95818 ERRORS, OMISSIONS, OR DISCREPENCIES ARE TO BE BROUGHT TO THE 916-505-3811 916-217-7512 ATTENTION OF THE ARCHITECT/ ENGINEER. manuel®mstarchitects.com bschroeder@completewireless.net 3. THE GENERAL CONTRACTOR SHALL RECEIVE WRITTEN AUTHORIZATION TO veri.LonW A P P R O V A L. S PROCEED WITH CONSTRUCTION PRIOR TO STARTING WORK ON ANY ITEM NOT CLEARLY DEFINED BY THE CONSTRUCTION DRAWINGS/CONTRACT DOCUMENTS. I R E L E S S 4. ALL THE CONTRACTOR SHSUPERVISE AND DIRECT THE PROJECT DESCRIBED HEREIN. THE CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR ALL LEASING: DATE AND FORCONSTRUCCOORDINATINGMALLOPORTIONS OFUTHE WORKNUNDERANTHE CONTRACT.• 8 THE CONTRACTOR SHALL INSTALL ALL EQUIPMENT AND MATERIALS 2 5 5 P A R K S H 0 R E D R I V E, F 0 L S 0 M, C A 9 5 6 3 0 ZONING DATE ACCORDING TO MANUFACTURER'S/VENDOR'S SPECIFICATIONS UNLESS NOTED RF ENGINEER: DATE OTHERWISE OR WHERE LOCAL CODES OR ORDINANCES TAKE PRECEDENCE. 8 ALL WORK PERFORMED ON PROJECT AND MATERIALS INSTALLED SHALL BE CONSTRUCTION (VM: HATE: IN STRICT ACCORDANCE WITH ALL APPLICABLE CODES, REGULATIONS, AND ORDINANCES. CONTRACTOR SHALL GIVE ALL NOTICES AND COMPLY WITH ALLCONSTRUCTION -OLD -COUNTRY (CWC): DATE LAWS, ORDINANCES, RULES, REGULATIONS, AND LAWFUL ORDERS OF ANY PUBLIC G CASINO EQUIPMENT ENGINEER: DATE AUTHORITY, MUNICIPAL AND UTILITY COMPANY SPECIFICATIONS, AND LOCAL AND STATE JURISDICTIONAL CODES BEARING ON THE PERFORMANCE OF THE WORK. OWNER; DATE; Z, GENERAL CONTRACTOR SHALL PROVIDE AT THE PROJECT SITE A FULL SET OF CONSTRUCTION DOCUMENTS UPDATED WITH THE LATEST REVISIONS AND FOR THE USE BY ALL PERSONNEL INVOLVED NORTH SIDE 0 F OLIVE HWY @ TYM E WAY WITH TEEMPROJECT.ARIFlCA710NS P R O J E C T S U M M A R Y 8. THE STRUCTURAL COMPONENTS OF THIS PROJECT SITE/FACILITY ARE NOT TO BE ALTERED BY THIS CONSTRUCTION PROJECT UNLESS NOTED OTHERWISE 9, DETAILS HEREIN ARE INTENDED TO SHOW END RESULT OF DESIGN. MINOR _ ' AR OROVI LLE CA 95966 r'y/J PROPERTY INFOR!!1 N39"30. 15.83' NAD 83 MODIFICATIONS MAY BE REQUIRED TO SUIT JOB CONDITIONS OR SITUATIONS, ��s LAT.: AND SUCH MODIFICATIONS SHALL BE INCLUDED AS PART OF THE SCOPE OF T V S F /y LONG.: W121' 30' 08.37' NAD 83 N39' 30' 16.24' NAD WORK. A P N• 068-150-099 v �J 9 LAT.: 27 LONG.: W121' 30 04.48' NAD 27 10 SEAL PENETRATIONS THROUGH FIRE—RATED AREAS WITH U.L LISTED OR FIRE MARSHALL APPROVED MATERIALS IF APPLICABLE TO THIS FACILITY AND OR N ASSESSOR'S PARCEL NUMBS: 068-150-099 PROJECT SITE 11. THE CONTRACTOR SHALL MAKE NECESSARY PROVISIONS TO PROTECT EXISTING IMPROVEMENTS, EASEMENTS, PAVING, CURBING, . I P R O ECT 2008298717 8 0 21 * JURISDICTION: BUTTE COUNTY HCl S-2 (NON—HABITABLE EQUIPMENT SHELTER) U (TOWER) ETC. DURING CONSTRUCTION. UPON COMPLETION OF WORK, CONTRACTOR SHALL REPAIR ANY V . �( O 8 �' I p THAT 11 I N • Q TYPE OF CONSTRUCTION: TYPE V—B DAMAGE MAY HAVE OCCURED DUE TO THE CONSTRUCTION ON OR ABOUT THE PROPERTY. LO CAT I 0 N 189465 F �� %1� HC 11, CONTRACTOR SHALL SEE TO IT THAT GENERAL WORK AREA IS KEPT CLEAN HAZARD FREE OF CAL AND DURING CONSTRUCTION AND DISPOSE OF ALL DIRT, DEBRIS, RUBBISH AND REMOVE EQUIPMENT NOT SPECIFIED AS REMAINING ON THE PROPERTY. PREMISES SHALL BE LEFT IN CLEAN CONDITION AND EEE EOM PAINT SPOTS, DUST, OR SMUDGES OF ANY NATURE. PG&E TOWER � 10 / 49 40 8 6 5 3 9 9 C 0 D E C O M P L I A N C E ALL WORK AND MATERIALS SHALL BE PERFORMED AND INSTALLED. IN ACCORDANCE • WITH THE CURRENT EDITIONS OF THE FOLLOWING CODES AS ADOPTED BY THE 11 THE ARCHITECTS/ENGINEERS HAVE MADE EVERY EFFORT TO SET FORTH IN THE CONSTRUCTION AND CONTRACT DOCUMENTS THE COMPLETE SCOPE OF � AUTHORITIES. NOTHING IN THESE PIANS IS TO BE CONSTRUED LOCAL GOVMIT WORK. CONTRACTORS BIDDING THE JOB ARE NEVERTHELESS CAUTIONED THAT • LINE NAME. TABLE MOUNTAIN R 10 OS 0 230 kv, WORK TO PERMIT WORK NOT CONFORMING TO THESE CODES: 1. CALIFORNIA ADMINISTRATIVE CODE (INCL TITLE 24 & 25) MINOR OMISSIONS OR ERRORS IN THE DRAWINGS AND OR SPECIFICATIONS SHALL NOT EXCUSE SAID CONTRACTOR FROM COMPLETING THE PROJECT AND 2. 2007 CALIFORNIA BUILDING CODE (CBC) IMPROVEMENTS IN ACCORDANCE WITH THE INTENT OF THESE DOCUMENTS. THE BIDDEN SHALL BEAR THERESPONSIBILITY ON OF NOTIFYING WRITING) THE PG&E SITE � 77 (\� VL N — S`A I — 189465 3. 2007 CAUFORNIA MECHANICAL CODE (CMC) 4. 2007 CALIFORNIA PLUMBING CODE (CPC) ANY ARCHITECT/ENGINEER OF ANY CONFlJCTS, ERRORS, OR OMISSIONS PRIOR TO CONFLICTS, MI THE SUBMISSION OF CONTRACTOR'S PROPOSAL IN THE EVENT OF • 5. 2007 CALIFORNIA ENERGY CODE (CEnC) 6. 2007 CALIFORNIA ELECTRICAL CODE (CEC) DISCREPENCIES THE CONTRACTOR SHALL PRICE THE MORE COSTLY OR 7. 2007 CALIFORNIA FIRE CODE (CFC) EXTENSIVE WORK, UNLESS DIRECTED OTHERWISE. 8. LOCAL COUNTY OR CITY ORDINANCES ACCESSIBILITY REQUIREMENTS: THIS FACILITY IS UNMANNED AND NOT FOR HUMAN HABITATION. HANDICAPPED D I R E C T I O N S ACCESS REQUIREMENTS ARE NOT REQUIRED IN ACCORDANCE WITH THE 2007 CALIFORNIA BUILDING CODE. FROM VERIZON OFFICE ® 255 PARKSHORE DR.. FOLSOM. CA 95630: P R 0 J E C T D E S C R I P T 1 0 N 1: Start out going SOUTHWEST on PARKSHORE DR toward FOLSOM BLVD. PROPOSED VERIZON WIRELESS COMMUNICATIONS FACILITY IN A FENCED 25'-6'x25'-6' LICENSE AREA INCLUDING: 12'-0'x16'-0' EQUIPMENT SHELTER, 2: Tum RIGHT onto FOLSOM BLVD. ORO UINCY HW PROJECT SITE 3: FOLSOM BLVD becomes AMERICAN RIVE BRIDGE.STANDBY (j DIESEL. GENERATOR WITH A 210 GAL DOUBLE—WALL DIESEL FUEL STORAGE TANK, POWER AND TELCO TO SITE, & (3) ANTENNA SECTORS W/(4) 4: AMERICAN RIVER BRIDGE becomes FOLSOM AUBURN RD. } Ov�FJP�O C �ANTENNAS y� o MOUNTED ONEA NEEW012'-0) TOPHAT ON ANPROPOSED & 2EXISTINGE122.4 TALL ING PG&ENLY), 5: FOLSOM AUBURN RD becomes AUBURN FOLSOM RD. _ OpM LATTICE TOWER & (2) FUTURE MICROWAVE DISHES, FOR PLANNING ONLY. 6: Tum us LEFT onto ooutBLVD. OROr mD v P R O J E C T M I L E S T O N E S 7: Tum RIGHT onto E ROSEVILLE PKWY. 08/04/09 90% ZONING DOCUMENTS 8: Tum RIGHT onto GALLERIA BLVD. 70 09/18/09 100% ZONING DOCUMENTS 9: Merge onto CA -65 N via the ramp on the LEFT. 09/21/09 / REVISION 1 10: CA -65 N becomes CA -70 N. 09/23/09 REVISION 2 / 90% CONSTRUCTION DOCUMENTS 11: Turn RIGHT onto CA-20/CA-70/9TH ST. 100% CONSTRUCTION DOCUMENTS 12: Turn LEFT onto CA-20/CA-70/B ST. Continue to follow CA -70 N. I N D E X O F D R A W I N G S 13: Take the CA-162/OROVILLE DAM BLVD exit, EXIT 46. 14: Tum RIGHT onto CA-162/OROVILLE DAM BLVD E/CA-70 BR, r 1 T1.1 TIRE SHEET, LOCATION PLAN, PROJECT DATA Continue to follow CA-162/OROVILLE DAM BLVD E. }. ZONING 2 C.1 CML SURVEY SHEET 15: Turn RIGHT onto CA-162/OLIVE HWY. •J DOCUMENTS L 3 A1.1 OVERALL SITE PLAN 4 A1.2 EQUIPMENT LAYOUT PLAN 16: site is on LEFT 0OLIVE HWY & TYME WAY intersection. OROVILLE, CA LOCATION PLAN 5 A1.3 PROTECT ELEVATIONS •x ,aa ,.r. a. Revisions: 0 09/11/09 ® 09/13/09 File: 162.N2_Ti l Drawn : Tw Checked :im Scale: As NOTED Date: 09/18/09 Job No. 162.742 T1.1 Engineering • Surveying' Planning 1226 High Street Auburn, California 95603-5015 Phone: (530) 885-0426 • F.: (530) 823-1309 VERIZON WIRELESS Project Name: Gold Country Casino Project Site Location: N. Side of Olive Hwy at Tyme Intersection Oroville, CA 95966 Bunt County Date of Observation: 07-28-09 - Equip --/Procedure Used to Obtain Coonlinam: Trimble Geo -XT post processed with Pathfinder ORco software. Type of Antenna Mount: (E) Utility Tower Number of Antennas Observed: 0 Latitude: N 39.30' 15.83" (NAD83) Latitude: N 39' 30' 16.24" (NAD27) Longitude: W[21930'08.37" (NAD83) Longitude: W 121° 30104.48" (NAD27) ELEVATION of Gmund at Bax ol'Swrnrrt (NAVD88): 471.5' AMSL STRUCTURE HEIGHT: (Tower) 122.4' AGL OVERALL HEIGHT: (Tower) 122.4' AGL CERTIFICATION: I, the undersigned, do hereby certify elevation listed above is bawd on a field survey done under my supervision and that the accuracy of those elevations meet or exceed 1-A Standards w defined in the FAA ASAC Information Sheet 91:003, and they an, true and accurate to the best of my knowledge and belief. ru J Rx/ J 4 I 9 / /�-(E) JOINT POLE / -UTILITY P.O.C. VON WIRELESS / GOLD COUNTRY CASINO — License Area 1 that certain license area being a portion of the NW 1/4 of ;Non 14, Township 19 North, Range 4 East, M.D.B.& M., being Died In the County of Butte, State of California, being mon Hculorly described as follows: nmencing at a 1/2' mbar set at a point bearing South 13'00' East 475.86 feet from the Southeast comer of the Lands Vukovich as Is shown on the that certain Record of Survey filed Book 146 of Surveys of Page 94, Butte County Records•, thence In sold point of commencement North 42'54'44' East.50.78 feel the Southwest leg of an existing utility tower thence North 51'48' East 3.00 feet to a point under said tower and the True nt of Beginning; thence from sold point of beginning North 51'46' East 25.50 feet thence South 89'08'14' East 25.50 foot; nee South 0751'46' West 25.50 fee. thence North 89'08'14' of 25.50 feel to the point of beginning. ;ether with a route for utility purposes six feel In width width the 1ter8ns of which Is described as follows: beginning a1 the Ipolnl on the South boundary of the above described license area I running thence South 57-35'29' West 42.91 feet theme North 31'23' West 178 feet more or less to the existing Joint utility e. o together with a route for utltty purposes from the above lerlbed license area to the superimposed utility tower, thence up, �r and upon sold tower as Is necessary to Install, operate and Irdaln necessary communications equipment. o together with a route for access and u" purposes, fifteen f In width, the centerltne of which Is described as follows: Itnntng at the midpoint on the East boundary of the above scribed license area and running thence South 89'52'30' East 2 fee., theme North 0707'30' East 556 feet more or less to the ilio right of way more commonly known as Oro Ouiney Highway. \ \ E) FENCEUNE (TYP.) APN: 068-160-025 oI \ \ \m I (E)OPOWER {P> 6' UTILITY RouTE Z J� g 27 \ \ EL \ a (E) CLIMBING V i SCALE I" = 20' o so o +o e I �I TOWER I I- +EL•478.36' +EL:477.65' (P) 15'LI WIRELESS AccEsES & UTIs & UTILITY ROUTE I 31 EL474.55' 1 30:0 ! / t ✓/I I P) UTIUTYI POLE LOCATION I pR� I I e`titi�,�r I I � I I I I I I I I APN: 068-150-099 VERIZON WIRELESS LICENSE AREA (E) UTILITY TOWER SEE TOWER DIAGRAM LAT: N 390'15.83' (NAD93) LONG: W 121'30'08.37- (NAD83) PROPERTY BOUNDARY PROJECT AREA EMARG DATE OF SURVEY: 07-28-09 . SURVEYED BY OR UNDER DIRECTION OF: KENNETH D. GEIL R.C.E. 14803 LOCATED IN THE COUNTY OF SUITE. STATE OF CALIFORNIA BEARINGS SHOWN ARE BASED UPON MONUMENTS FOUND AND RECORD INFORMATION. THIS IS NOT A BOUNDARY SURVEY. ELEVATIONS SHOWN ON THIS PLAN'ARE BASED UPON U.S.G.S. NJLV.D. 88 DATUM. ABOVE MEAN SEA LEVEL UNLESS -OTHERWISE NOTED. N.G.V.D. 1929 CORRECTION: SUBTRACT 2.28 i'ROM ELEVATIONS SHOWN. CONTOUR INTERVAL N/A . THE LATITUDE AND LONGITUDE WERE DETERMINED USING TRIMBLE PATHFINDER PRO XL G.P.S AND UTILIZING PFINDER OFFICE DIFFERENTIAL CORRECTION SOFTWARE AT THE EXISTING TOWER LOCATION. LAT. N 39'30'15.83' NAD 83 LONG. W 121.30'08.37' HAD 83 LAT. N 39'30'16.24' NAD 27 LONG. W 121'30.04.48' HAD 27 THIS SURVEY MEETS OR EXCEEDS FAA 1A ACCURACY TOLERANCES. SITE NAME: GOLD COUNTRY CASINO SITE ADDRESS: N. SIDE OF OLIVE HWY AT TYME INTERSECTION OROVILLE, CA 95966 ASSESSOR'S PARCEL NUMBER- 068-150-099 CURRENT ZONING: HC OWNER(S) P.G.& E. 245 MARKET STREET N10D SAN FRANCISCO, CA 94105 SITE CONTACT: BOB SCHROEDER 916-622-4653 P.C.& E. CONTACT: MIKE FRAME 916-296-4422 Gr,0VILLE, CA I VICINITY MAP THESE DRAWINGS AND/OR THE ACCOMPANYING SPECIFICATION - AS INSTRUMENTS OF SERVICE, ARE THE EXCLUSIVE PROPERTY f)F GEIL ENGINEERING AND THEIR' USE AND PUBLICATION SHALL BE RESTRICTED TO THE ORIGINAL STE AND CARRIER FOR WHICH THEY ARE PREPARED. REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN WHOLE OR IN PART, IS PROHIBITED EXCEPT BY WRITTEN PERMISSION FROM GEIL ENGINEERING TITLE TO THESE PLANS AND/OR SPECIFICATIONS SHALL REMAIN WITH GEIL ENGINEERING WITHOUT PREJUDICE AND VISUAL CONTACT WITH THEM SHALL CONSTITUTE PRIMA FACIE EVIDENCE OF ACCEPTANCE OF THESE RESTRICTIONS Sheat SCALE I" = 100' C-- 1 OVERALL SITE PLAN z THE STE T;TLE PER &DWELL TITLE & ESCROW PRELIMINARY REPORT ORDER NO. 00237363 -005 -FH DATED 5-22-09. HAS zm BEEN RENEWED ALONG WITH SUPPORTING DOCUMENTS FOR ' - THE SUBJECT PROPERTY AND FIND THAT NO EASEMENTS Z0Z At I� E- UU PQ 0 W Vin LISTED IN THE TITLE REPORT AFFECT THE SITE. a aE-t q o 7-n THE STE TITLE PER BIDWELL TITLE & ESCROW PRELIMINARY 0 0 REPORT ORDER NO. 00237500 -005 -FH DATED B-26-09, HAS BEEN REVIEWED ALONG WITH SUPPORTING DOCUMENTS FOR ' THE SUBJECT PROPERTY AND FIND THAT NO EASEMENTS ' II LISTED IN THE TITLE REPORT AFFECT..THE SITE. CIROWLIZ OUft. OGO'WAY I E) FOG LINES (E) JOINT APN: 068-1BG-017 I I I I 15 VERIZON&UTILI WI - -(P) H & uTaJTr ROUTE AM 088-160-025 C I I � (I i J• I I . (E) JOIN POIFJ� \ I I PROIECT AREA GEMENT M.N. LLJ JUIRI PlA lJ/ CIJW Hl�gyN,AY (E) JOINT Sheat SCALE I" = 100' C-- 1 OVERALL SITE PLAN z zm i W 0 (~ PI: U a�w �00 Z0Z At I� E- UU PQ 0 W Vin a aE-t q o 7-n 0 0 Sheat SCALE I" = 100' C-- 1 OVERALL SITE PLAN O O GoNcy t _ _ HOMYAY a 2'a \ I I I 1 I 1 I 28' -j - I I I I I I _ l I I I I 2'a \ I I I 1 I 1 I 28' -j - 1 I I I I I J 4 Z I . I I !� I I I I z%e o a a m D D ®D GOLD COUNTRY CASINO MST ARCHITECTS r/ OLIVE HWY & TYME WAY 0 ' ve,rrzgn WRELEss OROVILLE, CA 95966 ��,° �°� °'��°"°°� COMPLETE _ wtrelea co.s.ume, loo. sH�r Tme: 1 OVERALL SITE PLAN I I I I I I _ l I I I 1 I I I I I J 4 Z I . I I !� I I I I z%e o a a m D D ®D GOLD COUNTRY CASINO MST ARCHITECTS r/ OLIVE HWY & TYME WAY 0 ' ve,rrzgn WRELEss OROVILLE, CA 95966 ��,° �°� °'��°"°°� COMPLETE _ wtrelea co.s.ume, loo. sH�r Tme: 1 OVERALL SITE PLAN yj H H 9 0 \\ % \� F PROPOSED 15'-6• VERIZON WROISS U MSE AREA $. ____ \ _______ _ __________ _-------- ---------------------- ___________ _ ____________________________. \ a n. -E 11. .- \ •.MDI:•° . � .' �. •• •' m \ @ PROPOSEDI6'-0• VERIZON WViEiM WAPWEiif SHELTER ___'_____ .__________.____________________________________________________ ___________ __ _ _ ___ __ ___ _ _ _____ _ _-____-___-________ __________________-______. I ENIS y t C., 4 c- C N N b i p -,;7 ` �\ ---------- 9y�q ---T-- � i f `g SKsam GOLD COUNTRY CASINO MSTARCHITECTS ac OLIVE HWY & TYME WAY DD®D� v zg lwpE�ss OROVILLE, CA 95966 SHEEP ME: EQUIPMENT LAYOUT PLAN �I"am..'ate., ea. °"'°Y,°' ;,,".�°.^'��e>'°�a°°° COMPLETE ..., .cum. Wi,eles CGn°elting, Inc. e@°�6N0 sma mubne.no69RAL .x •o 9W mwM W16 YM61OW G®.IL �aB e[ ®ECC 0 wi ou wt woc wa vmmn a m. nts mso uo amluma vu iu a � er m wm a um, a aom xman mart m� ntmi mmn v nc xoom. rmmrt. iwn 1 o•ut wam.. K � mm nmwn � ttt � Pa 1 f GOLD COUNTRY CASINO MSTARCHITECTS ac OLIVE HWY & TYME WAY »nay. Ie v zg lwpE�ss OROVILLE, CA 95966 SHEEP ME: EQUIPMENT LAYOUT PLAN �I"am..'ate., ea. °"'°Y,°' ;,,".�°.^'��e>'°�a°°° COMPLETE ..., .cum. Wi,eles CGn°elting, Inc. e@°�6N0 sma mubne.no69RAL .x •o 9W mwM W16 YM61OW G®.IL �aB e[ ®ECC 0 wi ou wt woc wa vmmn a m. nts mso uo amluma vu iu a � er m wm a um, a aom xman mart m� ntmi mmn v nc xoom. rmmrt. iwn 1 o•ut wam.. K � mm nmwn f w t Q n R I I I I I i I I I i I I I I I 1 I I I I I I I i I i R I I I I 1 MST ARCHITECTS eor ar,e„me eNa.. alae z, s«.a,�e,rcw ca soere I ,Mimi � m I u D 9 I _ s o O . Z , V'A R I I I I I i I I I i I I I I I 1 I I I I I I I i I i R I I I I 1 MST ARCHITECTS eor ar,e„me eNa.. alae z, s«.a,�e,rcw ca soere I ,Mimi I I ..x'°. d:"°°'� P11Bt819a1a0A I 9 I _ s I I l' le q A -"IF / SMR, /C�-/ I I I I I I I I I I I ( I I ( I I I I I i I I I V'A 1 I I I I I I I I I I I I I I I i I I I i I I I I I 1 I I I I I I I i I i I ( I I i I I I I 1 MST ARCHITECTS eor ar,e„me eNa.. alae z, s«.a,�e,rcw ca soere I ,Mimi I I ..x'°. d:"°°'� P11Bt819a1a0A I 9 I _ s I I l' le q A -"IF 1 I I I I I I I I I I I I I I I i I I I i I I I I I 1 I I I I I I I i I i I ( I I i I I I I 1 MST ARCHITECTS eor ar,e„me eNa.. alae z, s«.a,�e,rcw ca soere I ,Mimi I I ..x'°. d:"°°'� P11Bt819a1a0A I I I _ I I I / SMR, /C�-/ I I I I I I I I I I I ( I I ( I I I I I i I I I I } GOLD COUNTRY CASINO OLIVE HWY & TYME WAY MST ARCHITECTS eor ar,e„me eNa.. alae z, s«.a,�e,rcw ca soere ,Mimi mss OROVILLE, CA 95966 ..x'°. d:"°°'� P11Bt819a1a0A COMPLETE • W _ SHEEP TTfI.E: PROJECT ELEVATIONS �a ��r¢xt o�m®acc nc¢wao wo amrum v,u fora am er rrw�aamraww ins woon Aeox svmi mmv a nc wmn. avrsoa, ra¢ a mut �. c wi Dors dim