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UP 97-30
MEMORANDUM PLANNING DEPARTMENT TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: Communication Systems Development, Inc., UP97-30 DATE: September 11, 1997 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as 030-010-006, was: Rezone from to zoning district. Granted a variance to X Issued a conditional Use Permit to allow a communication tower on a 208 acre lot zoned "U" (Unclassified) , on the north side of Nelson Avenue, approximately 1.5 miles east of State Highway 99 in the Oroville area. 0 i cmc USA AirbiU Tr 1"17-5-007441, Redlents Coey ; i t. I 13T ass5�a 1S1 From xpress Package Service Packages under 150/6s DOEe lee ins me a'r 0°a. FedEx Priority Overnight FedEx Standard Overnight FedEx 2DaYe • `Nsext Date I business morning) Noe business afternoon) Second business day) ❑ ❑ ' S ;:S• ' .\ " FedEx Government Overnight ❑ (Authorized use only) ❑ E Sender's j' ]� ' ROSR hi�� 111`11 r ;• . A i'' Phoned 209' 951- 3049 ❑ NEWFedEx First Overnight FedEx Labor Rate not available. delivoryta Name DepilRoor/Suhe/RaoRm (Earliest next businessmorning select locotions) Onepumch'Z. (Higher nate, apply)' One pound FedEx YDey rote. COMMUNICATION SYSTEMS CEV INC er 150/ti. Delivery commment may •Express Freight Service Packages over be later in some area,. Company �. '•�f •• ❑ FedEx Overnight Freight ❑ FedEx 2Day Freight ❑FedEx Express Saver Freight (Next business -day service (Second business -day (Up to 3 hus;nesaS yservice • :fz',RVA laranydistancel service for any distance) based upon diatancel • Address ~ 4 8 8 SHORELINE -ER S I E El a?- (Call foi`,delivery schedule. See back for detailed descriptions of freight products.) S T O C K T Gni State C a zip 2 1>b..9 Packaging edEx FedEx FedEx FedEx OtheF Letter ❑ PakJ El❑Tube ❑ Pkg. a� ' city e0 value limit s50o.! • © Your Internal Billing Reference Information Special Handling Ns uamdred ElYes Does this shipment contain dangerous goods? ❑ Yes ' mrm�aa ' To i ❑ Dry Ice ❑ Cargo Aircraft Only Dry Ice, UN Tads III kg. 904, - Recipient's t '1 y f i a � o tj IV KI �'/1, F, ( 11to ,,� f _g- it Ph {(/ 111 !J aVVJ (/ I 9. x ,f •, , Dangerous Gadds Shippers adon not repaired) v ' s • r Dept/Floor/Suite/Room ��j Obtain Recipient am T— one pay ant `* a"p , a�- LJ FedEx Account No. Bil Sender ❑ '` ❑ y ❑ ❑ Cash/ Company +� P �j � � + � � � � � � � � �+ nc°obm iged) Reclplent Thlyd Party Cred tCard p Y to: nlwgbeeaee) I ' c+a Check L ,..�Epre�dFxeccount no. or Credit Lard no. below) Address (To'HOLD' at FedEx location, print FedEx address here) �a City`/i' 1 .P . State zip For HOLD at FedEx Location check here For Saturday Delivery check here ❑Hold Weekday Hold$aturday (Natevailebleatel1ka,tdona) IExtmCharge.Not available toall locations) (Not avail able with ❑(Not availablawim FedEx First Overnight at ❑ I N a r available wily FedEx nm Ov°might FedEx First Ovemightl , FedEx Standard Overnight) or FedEx Standard Overnight) Total Packages Total Weight Total Declared Value —� -- $ .00 when declaring a value higher than SIOD per shipment, you pay an additional charge. See SERVICE CONDITIONS. DECLARED VALUE AND LIMIT OF LIABILITY section for further information. g Release Signature ` 1 9 % 5 6 3 D 7 6 4 Your signature authorizes Federal Express to deliver this ship. mart without obtaining a signature and agrees to indemnity and hold harmless Federal Express from any resulting claims. 2 3 ff Questions? O Call 1.800•Go•FedEx (1-800-463-3339) + i rt Card Auth. � "� 1 .e .l WCSL 0698rF='h Rev. Date 3/96 PART 1147956 r m1994.96 FedEx 4 PRINTED IN U.S.A. Terms And Conditions Definitions On this airbill, we, our and us refer to Federal Express Corporation, its employees, and agents. You and your refer to the sender, its employees, and agents. Agreement To Terms By giving us your package to deliver, you agree to all the terms in our current Service Guide, which is available on request. You also agree to those terms on behalf of any third party with an interest in the package. If there is a conflict between the Service Guide and this Airbill, the Service Guide will control. No one is authorized to change the terms of our Agreement. Responsibility For Packaging And Completing Airbill You are responsible for adequately packaging your goods and properly filling out this airbill. If you omit the number of packages and/or weight per package, our billing will be based on our best estimate of the number of packages we received and/or an estimated "default' weight per package as determined by us. 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Declared Value Limits • The highest declared value allowed for FedEx Letter and FedEx Pak shipments is $500. • For other shipments, the highest declared value allowed is $50,000 unless your package contains items of "extraordinary value;' in which case the highest declared value allowed is $500. • Items of "extraordinary value" include shipments containing such items as artwork, jewelry, furs, precious metals, nego- tiable instruments, and other items listed in our Service Guide. • You may send more than one package on this airbill and fill in the total declared value for all packages, not to exceed the $100, $500 or$50,000 per package limit described above. (Example: 5 packages can have a total declared value of up to $250,000.) In that case, our liability is limited to the actual value of the pack- ages) lost or damaged, but may not exceed the maximum allowable declared value(s) or the total declared value, which- ever is less. You are responsible for proving the actual loss or damage. Filing A Claim YOU MUST MAKE ALL CLAIMS IN WRITING and notify us of your claim within strict time limits set out in the current Service Guide. We'll consider your claim filed if you notify our Customer Service Department at 1.800•Go•Fedfx and make your claim in writing as soon as possible. Within 90 days after you notify us of your claim, you must send us all the information you have about it. We aren't obligated to act on any claim until you have paid all transportation charges, 14 1 and you may not deduct the amount of your claim from those' charges. n w l 1 f If the recipient accepts your package without noting any damage on the delivery record, we will assume the package was delivered in good condition. For us to process your claim, you must make the original shipping cartons and packing available for inspection. Right To Inspect We may at our option open and inspect your packages before or after you give them to us to deliver. Right Of Rejection We reserve the right to reject a shipment when such shipment would be likely to cause delay or damage to other shipments, equipment, or personnel or if its shipment is prohibited by law; or if the shipment would violate any terms of our Agreement or our current Service Guide. C.O.D. Services C.O.D. SERVICE IS NOT AVAILABLE WITH THIS AIRBILL. If C.O.D. Service is required, please use a Federal Express C.O.D. airbill. Air Transportation Tax Included Our basic rate includes a federal tax required by Internal Revenue Code Section 4271 on the air transportation portion of this service. Money -Back Guarantee In the event of untimely delivery, Federal Express will at your request and with some limitations, refund or credit all transportation charges. See current Service Guide for more information. Freight Services There are several freight service options, depending on your transit time needs. • FedEx Overnight Freight: Next business -day service to all points in the 48 states; rates are uniform, regardless of distance shipped. • FedEx 2Day Freight: Second business -day service to all points in the 48 states; rates are uniform, regardless of distance shipped. • FedEx Express Saver Freight: Up to 3 business -day service to all points in the 48 states; rates are based upon the distance shipped. f Par;147956/147957 • Rev. 3/96 ffutte, Count LAND OF NATURAL WEALTH AND BEAUTY Communication Systems Development, Inc. 7488 Shoreline Drive, B-1 Stockton, CA 95219 Re: Use Permit, AP 030-010-006, UP97-30 Gentlemen: PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 At the regular meeting of the Butte County Planning Commission held August 25, 1997, your request for a Use Permit to allow a communication tower on a 208 acre lot zoned "U" (Unclassified) , was approved subject to the conditions listed on the enclosures. lease sign both copies and return both co_ ies_-othi.s_Division. within 40 calendar day_s.,, -- Should you desire to appeal any of the conditions imposed by the Planning Commission, you must do so in writing, to the Clerk of the Board of Supervisors, 25 County Center Drive; OroVille, California, prior to 5:00 p.m., Monday, September 8, 1997. The appeal deposit of $250.00 must be paid at that time. If you do not appeal and if there are no other appeal within the 10 calendar -day appeal period, the action of the Planning Commission is final. A Notice of Exemption (NOE) should be- filed for purpose of completing the California environmental quality•Act requirements. The -fee for filing the NOE is a $25.00 document 7 handling fee. A check made payable to the Butte County Treasurer in the amount of $25.00 1 should be submitted to the Planning Division in order to complete the process. Please be aware that failure to return the signed copies within 40 calendar days will invalidate the Planning Commission's approval. Re-application to this Division would then be necessary. The Use Permit is deemed granted when the enclosures have been signed by the applicant, vrith the counter signature of the Chairman of the Planning Commission, and said permit is received by the applicant by registered mail. Pursuant to Section 66020 (d) (2) of the Government Code you are hereby notified that you have 90 days to register a protest challenging any fees, dedications, reservations, or exactions imposed as conditions of approval for this project. Should you have any questions regarding this matter, please contact Pam Figge at this office between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Sincerely, Lynn Richardson Planning/Admin. Sup. Serv. Assistant WT�Vs Ml " 8 4 �rn Date 10/07/97 iDevelopment Services Depar�ent Time 7:59 am Applicant Billing Worksheet UP 97-30 * Communication Systems Development 7488 Shoreline Dr., B-1 Stockton, CA 95219 In reference to : UP, AP#030-010-006 Rounding : None Full Precision : No Last bill / / Last aging Last chargee 09/18/97 Last payment / / Amount $0.00 Date/Slip# Description HOURS/RATE AMOUNT 06/02/97 Steve L. / P 1.00 59.00 #11812 Processing 59.00 06/02/97 Teri B. / C 1.00 34.00 #11837 Clerical 34.00 07/28/97 Paula L. / P 0.25 14.75 #12190 Processing 59.00 07/28/97 Larry P. / P 1.25 73.75 #12205 Processing 59.00 07/28/97 Craig S. / P 0.50 29.50 #12233 Processing 59.00 07/28/97 Lynn R. / C 1.50 67.50 #12244 Clerical 45.00 07/28/97 Teri B. / C 1.00 34.00 #12255 Clerical 34.00 08/11/97 Lynn R. /-C 0.75 33.75 #12346 Clerical 45.00 08/25/97 Lynn R../ C 1.25 56.25 #12486 Clerical 45.00 09/08/97 Teri B. / C 1.00 34.00 #12561 Clerical 34.00 09/08/97 Lynn R. / C 0.75 33.75 #12655 Clerical 45.00 Page 1 TOTAL Date 10/07/97 Development Services Departwent Time 7:59 am Applicant.Billing Worksheet Page 2 UP 97-30 * :Communication Systems Development (continued) TOTAL BILLABLE TIME CHARGES 10.25 $470.25 Date/Slip# Description OT /PRICE 08/07/97 Teri B. / $C 1 21.79 #12184 Publish Legal Notice in Chico 21.79 Enterprise Record TOTAL BILLABLE COSTS $21.79 TOTAL NEW CHARGES $492.04 PAYMENTS/REFUNDS/CREDITS 06/11/97 Deposit - Receipt #15939 (700.00) 10/07/97 Refund/Claim Form to Auditor 207.96 TOTAL PAYMENTS/REFUNDS/CREDITS ($492.04) NEW BALANCE TOTAL NEW BALANCE $0.00 PLANNING COUNTY OF BUTTE Oroville, California GENERAL CLAIM CLAIMANT: Communication Systems Develo-xnent ADDRESS: 7488 Shoreline Drive, B-1 CITY & STATE: Stockton, CA 95219 DATE OF CLAIM: October 2, 1997 IMPORTANT: SEE INSTRUCTIONS SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES ON REVERSE SIDE 11 DATE DESCRIPTION OF CLAIM (DESCRIBE FULLY TO AVOID DELAY) AMOUNT 10-2-97 File No. UP 97-30, APF030-010-006 —REFUND $207. 96 I I I f I TOTAL $207. 96 I, the undersigned, declare under penalty of perjury that the services or articles claimed have been pe ormed or delivered, and that this claim is true and correct as stated. nn n Dated this _ day of 00+b.P/t 19'7 7 , at c5_�.K �ZY�1 , Calif. I oval latul a f Claimant I, the undersigned, hereby certify that, to the best of my knowledge, the services or articles specified above have been performed or delivered and that there is a Budget Appropriation [M or Specific Board Approval [ ] (Check one) for the same. Dated this L T^ day of u L , Calif. " Department Head or Autfiorized Deputy Dept. Code 480.001 Exp. Code 4210900 PAYABLE FROM GENERAL FUND Do NOT WR(TE BELOW THIS UNE - AUDrrOR'S USE ONLY DEPT. & SUB. PROJ. SUB. OBJ. CLAIM NO. INV. NO. INV. DATE ENCUMB. GROSS AMT. I PROJECT SUMMARY SHEET„ FILE #: UP97-30 PROJECT TYPE: Use Permit APPLICANT: Communication Systems Development, Inc. ADDRESS: 7488 Shoreline Drive, B-1, Stockton, CA 95219 OWNER: Jack Lalloue/Bruce Heltne ADDRESS: 92 Oakmont Avenue, San Rafael, CA 94901 REPRESENTATIVE: N/A ADDRESS: PROJECT DESCRIPTION: Use Permit to allow a communication tower on a 208 acre lot zoned "U" (Unclassified) PROPERTY ZONED: "U" (Unclassified) LOCATED: on the north side of Nelson Avenue, approximately 1.5 miles east of State Highway 99 in the Oroville area AP#: 030-010-006 TOWN/AREA: Oroville GENERAL PLAN DESIGNATION: 1. Application complete: June 11, 1997 Amount: $700.00 Receipt #: 15939 2. Comments sent to: Environmental Health, Public Works, Dev. Serv. Director, Ag. Comm., LAFCo, Dept. Of Forestry 3. Comments received from: 4. Rezone Petition Signatures Checked: 5. Mailing List/Lead-in Sheet: 6. Assigned To: Pam Figge 7. Environmental Determination: 8. 9. 10. 11. 12. 13. State Clearinghouse No: Subject to Fish & Game: Im Staff Report:, Project Video: Clearinghouse circulation required: Yes No Categorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Environmental Impact Report Gen. Rule Ex. -CEQA # 15061.(bx3) Other Date Sent to SCH: Publication Notice Written: Display Ad Prepared: Notices Mailed: Number of Notices: Newspaper Publication Date: p O Planning Commission Hearing(s): Action taken: Special Conditions: Commission Resolution No. 14. Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: Ordinance No: Adopted: 15. Type Use Permit/Send for signature: , 16. N.O.E. / N.O.D. / APPENDIX G: SEP 10 1997 Fish & Game Fees Paid: Yes No 17. Send validated Use Permit: SEP 1 i 19 97 18. Assessor's Memo: SEP 1 1 1997 19. Copy of Use Permit / Variance to Planning Technician: SEP 1 1 1997 TO: APPENDIX A L NOTICE OF EXEMPTION 18. 1997 Office of Planning and Research FROM: Butte County Planner I UBBS, Butte Co. Clot* 1400 Tenth Street, Room 121 7 County Center D 'v Sacramento, CA 95814 Oroville, CA 9596iy Deputy X County Clerk County of Butte 25 County Center Drive Oroville, CA 95965 Project Title: UP97-30, Use Permit Assessor's Parcel No.: 030-010-006 Applicant: Communication Systems Development, Inc. Project Location -Specific: on the north side of Nelson Avenue, approximately 1.5 miles east of State Highway 99 Project Location-City:'Oroville Project Location -County: Butte Description of Nature, Purpose and Beneficiaries of Project: Use Permit to allow a communication tower on a 208 acre lot Name of Person or Agency Approving Project: Butte County Planning Commission Exempt Status: (Check (One) Ministerial (Sec. 15073) Declared Emergency (Sec. 1'5071(a)) Emergency Project (Sec. 15071 (b) and (c)) X Categorical Exemption. State type and section number: 15061 (b) Reasons why project is exempt:The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.. - Contact Person: Pam Figge If filed by applicant: Telephone: (916) 538-7601 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received For Filing: SignaturV, Craig Sanders Senior Planner j:linda\noe.nod\noe. gen &ECLARATION OF FEES DUE 0 (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Communication Systems Development, Inc. 7488 Shoreline Drive, B-1 Stockton, CA 95219 FILING NO. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION (X) A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee () B. De Minimus Impact - Certificate of Fee Exemption $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED () A. Negative Declaration $1,250 State Filing Fee $25.00 Clerk's Documentary Handling Fee () B. Environmental Impact Report $850 State Filing Fee $25.00 Clerk's Documentary Handling Fee 3. ( ) OTHER -(Specify) $25.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s). #16039 . 2. () NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Craig Sanders Title: Senior Planner Lead Agency: Butte County Department of Development Services Date: September 10, 1997 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. jAIinda\noe.nod\f&gfee i • v ....... -.. �� 77 'F+` - , '+: ' aC'•.•r, ,y+,. g e , '4 rT r � t�I .pi:',. + ,�,11 . �� + t, i tC .Y' . DATE RECEIPT NO. TOTAL PUBLIC LAPCO USE VARIANCES PUBLIC ENV RECEIVED WORKS PERMITS DOCUMENTS ZONING HEALTH OTHER APPLICANT RECEIVED FROM RECEIPT 16039 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING DEPARTMEI' OF DEVELOPNIE` SERVICES BUTTE COUNTY UNIFORNI APPLICATION APPLICANT- .dent information to be orovided is on other side: APPLICANT'S NAME ( If applicant is differrnc from owner an affidavit is required ) CS .ASSESSOR'S PARCEL NUMBER: &m,rrt (� eAT/o Al 5 -e, f( s a(/. .1/vc . t�WO "6 030 - 0/0 -00 .ADDRESS. CITY. STATE & ZIP CODE FILE NUN(BER: (FOR OFFICE USE) `7 Y 6#o ec4),✓c Dee. 6-r mac Kto/✓ f -La / - NA.bE OF PROPOSED PROJECT ( If any TELEPHONE c ✓AL ;W hu- a OCATION OF PROJECT ( Major cross streets and Address, if any) r u/£s'r o F 7e+c Sok r> (sr C'a,w�,e of /!Pn/ X030 _6/0_064 0Al it/cLso.-j Ave -- :. GENERAL INFORMATION REQUIRED OWNER'S NAME TELEPHONE --TA LAlai -E 11?,kai- I4cj-- V f- (Y/G- ) 4/5-10 - 66 PS" ADDRESS: CITY. STATE 8i: ZIP CODE - q -1 SAAB goFACL. I (h . �i41o i ZONE GENERAL PLAN EXISTING LAND USE SITE SIZE ( in Square Feet or Acres ) u C -70L F. G �f_ s EUTMG STRUCTURES (in Square Feet) PROPOSED STRUCTURES (in Square Feet) 6AW-N - Z-1000 4. 2�, iaoa AIA (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER ❑ PROPERTY IS OR PROPOSED TO BE ON SEPTIC ❑ PROPERTY IS OR PROPOSED TO BE ON WELL WATER ❑ GENERAL PLAN AMEND E-3REZONE r3 USE PERMIT [3 MINOR USE PERMIT El VARIANCE E3 MINOR VARIANCE [3 ADMINISTRATIVE PERMIT ❑ DEVELOPMENT AGRF�VT APPLICATION REQUESTED MFM ❑ TENTATIVE SUBDIVISION MAP ❑ TENTATIVE PARCEL MAP Planning Division E3WAIVER OF PARCEL MAP ❑ BOUNDARY LINE_tvIODnCATION JUN 1 1 1997 ❑ LEGAL LOT DETERMINATION Oroville, Califomia ❑ CERTIFICATE OF MERGER ❑ MINING AND RECLAMATION PLAN ❑ OTHER '"... -.... _ .. . _ ....... ... PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a )and division , describe the number and size OfparceIs.) W Lik9, To fAl 5r,*IL DNE 0) ON6 4tiMDRvJ c /f e -Frdf /P6 o C£ ti o_LOc oN CE4&I-40- COiltis)cc., IdA tfDNS O 7 - ht -DF 40C.4't1fl/tifAG W KdC PA --n t.,v/ . Ti C,44elees t nl L AS LL AS 5ECµKE. £NottccND LCA fkvwvD TSL %H/ k-,4ee0^ 1V N 1?&Xl v CAl7_ YeX106 000 5E FT : .41- Erg OWNER CER-nYICATION I CERTIFY THAT I A`( PRESENTLY THE LEGAL OWNER OR THE AUTHO AGENT OFLTOV^'ER OFTIIE ABOVE DESCRIBED PROPERTY. FURTHER t ACKNOWI�IXiE THE FII LAG OF THIS APPLICATION AND TIAABOVE INFORMATION IS TRUE AND ACCURATE (If artagcnt is to be authonzed, execute an affidavit ofauthori on and ' u e the rihis application.) DATE: SIGNATU '"... -.... _ .. . _ ....... ... PROJECT DESCRIPTION FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a )and division , describe the number and size OfparceIs.) W Lik9, To fAl 5r,*IL DNE 0) ON6 4tiMDRvJ c /f e -Frdf /P6 o C£ ti o_LOc oN CE4&I-40- COiltis)cc., IdA tfDNS O 7 - ht -DF 40C.4't1fl/tifAG W KdC PA --n t.,v/ . Ti C,44elees t nl L AS LL AS 5ECµKE. £NottccND LCA fkvwvD TSL %H/ k-,4ee0^ 1V N 1?&Xl v CAl7_ YeX106 000 5E FT : .41- Erg OWNER CER-nYICATION I CERTIFY THAT I A`( PRESENTLY THE LEGAL OWNER OR THE AUTHO AGENT OFLTOV^'ER OFTIIE ABOVE DESCRIBED PROPERTY. FURTHER t ACKNOWI�IXiE THE FII LAG OF THIS APPLICATION AND TIAABOVE INFORMATION IS TRUE AND ACCURATE (If artagcnt is to be authonzed, execute an affidavit ofauthori on and ' u e the rihis application.) DATE: SIGNATU OWNER CER-nYICATION I CERTIFY THAT I A`( PRESENTLY THE LEGAL OWNER OR THE AUTHO AGENT OFLTOV^'ER OFTIIE ABOVE DESCRIBED PROPERTY. FURTHER t ACKNOWI�IXiE THE FII LAG OF THIS APPLICATION AND TIAABOVE INFORMATION IS TRUE AND ACCURATE (If artagcnt is to be authonzed, execute an affidavit ofauthori on and ' u e the rihis application.) DATE: SIGNATU COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be Completed By Project Applicant) Date Filed General Information: 1. Name and address of owne�ec and/or developer, and/or project sponsor: �• S• ���✓C 74YR-5790ef-21AIC Poe. -i �fioCK7`oN C4• YA-1 S kNGiZ m.ry 2. Address of project: �OoG? 'Jcsfid or J9E OF ASV 030 -dl o- ooip e)% A1/f.1SoN AVY-7 Assessor's Parcel Number: Q.30 - 0/0 — eO 4, 3. Nattes�, address, and telephone number of_person to be cc�ontacted concerning this project: C�iF2y fDWaRb S 5#OZ141.4/4 SSR. -1 57VCXMA/ -&T 95 1 S a04 9Sl -3019 4. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 'IV^&N9 5. Existing general plan designation: 6. Existing zoning district: 7. How island currently used? 8. Proposed use of site (Project for which this form is filed): 6-LoGATioN 6✓(kEl E.sS Cornet way �f+rti o� Project Description: 9. Site size: 80 X ) DD Yj Od 0 S Q G P-. (Acres/Sq. Feet) 10. Off-street parking spaces: Full size* Compact: 11. Plans attached No 12. Proposed development schedule Aft) VCnt OLR- iff 7 13. Associated projects 14. Anticipated incremental or phased development �O Planning DivIsIC)n J U N 0 Butt? County Department of Development Services O Planning D flfb l ,`r Attach description of project containing the following information: 15. If residential, include the nurn er of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. �/ A 17. If industrial, indicate type, estimated employment per shift, and loading facilities. A114 18. If institutional, indicate the major function, estimated employment per phift, estimated occupancy, loading facilities, and community benefits to be derived from the project. IVIA 19. If the project involves a variance, conditional use, rezoning application, or any development permits, state this and indicate clearly why the application is required. If permits have already been issued, please attach as Exhibit Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc. including special districts). _ 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). _ 2� 31. Relationship to a larger project or series of projects. Planning Division JUN , , 1997 O Butte County Department of Development Services O Planning DivisiolOrovllle, California 2 YES NO 20. Change in existing features of any hills, buttes, canyons s or -substantial alteration of ground contours. _ 21. Change in scenic views or vistas from'existing residential lands areas or public or roads._ 22. Change in pattern or character of general area of project. 23. Significant amounts of solid waste or litter. 24. Change in. dust, ash, smoke, fumes or odors in vicinity. _ 25. Change in bay, lake, river, stream or ground water quality drainage or quantity, or alteration of existing patterns. 26. Substantial change in existing noise or vibration levels in the. vicinity. _ 27. Site on filled land or on slopes of 10 percent or more. 28. Use of, or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives. _ 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc. including special districts). _ 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). _ 2� 31. Relationship to a larger project or series of projects. Planning Division JUN , , 1997 O Butte County Department of Development Services O Planning DivisiolOrovllle, California 2 u • Environmental Setting: (Attach brief description) 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one -family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the b A of my ability, and that the facts, statements, and information presented are true and correct to the best of my k owl go and beli Date Signature for C_Sn1C Planning Division JUN 111997 K:\FORMS\ENV-INFO 0 Butte County Department of Development Services O Planning Division O 3 • ENVIRONMENTAL SETTING 32. The project site is located off Highway 99. Turn East on Nelson Ave. go 1.5 miles and site is located approximately 200 ft West of the South East corner of Parcel # 030-010-006 on Nelson Ave. The site is situated in Butte County in an area commonly described as Richvale. The parcel consists of approximately 208 acres and is presently an open range. The soil seems to be undisturbed and relatively level. There is a small residence and a storage barn on the property. No cultural, historical or scenic aspects were visible. Photographs of the site are included in this package. . 33. The description of the surrounding properties is as follows: to the North is operi range: to the South is a 157 acre parcel of the same ; to the East is also open range and to the West is also a 282 acre parcel of open range Photographs of the surrounding area are included. 20. The position of the applicant is that this project does not substantially change the pattern, scale or character of the general area where the project is proposed. 21. The project will not create an additional demand for public services because it is an unmanned facility with no, employees. 22. The project will not change the quality of the rivers, lakes, streams or ground water nor will it alter the existing drainage patterns because the project consists of a tower and no buildings to change these items. 23. There are no river frontages, beaches, or hills in the immediate area of this project. The project consists of 8,000 sq -ft. therefore, no significant alteration of ground contours will occur. 24. There are no existing residential areas or public lands immediately surrounding this project. The project could potentially have a minimal change in the scenic view from Nelson Ave. 25. The site will be unmanned, therefore, absolutely no waste or litter will be generated. 26. The site will not create any ash; smoke, fumes or odors. Because the site will have no employees, it will not create any additional dust. 27. A communications site does not create noise or vibration. The existing noise and vibration levels in the vicinity will be unchanged. 28. The proposed project will not be built on filled land or a slope of ten (10) percent or more. It will be constructed on undisturbed, flat terrain. 29. The project will be powered by electricity and will not use or dispose of any potentially hazardous materials. 30. There will be no substantial increase in fossil fuel consumption. 31. This project will be built in approximately 3 weeks and will not be built in phases. It is not a series of projects. Planning Division J U N 1 1 1997 oroville, Califomla Communication Systems Development, Inc. Project Description CSD Communications Facility Project Applicant: Communication Systems Development, Inc. Project Site Owner: Jack D. Lalloue Bruce D. Heltne Project Location: Nelson Ave. APN: 030-010-006 Proposed Project: Communications Facility Applicants Project #: CSD BU -212 The applicant requests the following A Use Permit Approval in accordance with the regulations of Butte County for a Communications Facility for wireless communication antennas at the above mentioned project location. Project Description: The wireless communications industry is in the process of deploying large communication networks throughout California, and in anticipation of the proliferation of antenna/ communication sites that will be required, CSD would like to construct communication towers for the sole purpose of locating multiple future carriers. At this time, two (2) cellular carriers, three (3) PCS carriers and two (2) paging carriers are licensed to develop communication networks in Butte County. The federal government is auctioning 3 more licenses for radio spectrum in each county as well, making the total number of licensed carriers about 10. (This does not include the "unlicensed" carriers " that will be developing in the area.) By constructing one (1) 185' lattice communications tower, there is the potential to locate up to seven (7) of these carriers antenna arrays on each tower rather than having one monopole site for each carrier. 1 CSD has been a consultant for some of the industries largest' wireless carriers and is familiar with radio engineering principles. (CSD has a Radio Frequency department.) We have strategically located CSD's towers by utilizing our technical expertise. By utilizing existing towers, these carriers will save time, money, and effort using the -- existing sites, all of which will expedite their build -out. Planning Division J U N 1 1 1991 oroville, CalHornia Specifically: This permit application requests approval for the construction one 185' 3 legged lattice tower with approximately an 22' base and the proper FAA clearance. (Please see attached photo of typical tower.) The tower will hold four (4) PCS wireless carriers panel antenna (9 panel antenna each). The typical size of panel antenna are 6' tall by 8" wide. The towers will also hold one (1) paging company's antenna consisting of 3 whip antenna. Space will also be available for 8 microwave dishes. Each set of PCS and paging antenna must be spaced approximately 10' apart for clearance. CSD is leasing approximately 8,000' square feet of property from the earlier mentioned property owner for the location of this tower as well as any/ all accompanying radio cabinets/ huts that these future carriers will require space for. This also includes space for vehicle maintenance access. The entire area will be secured by a 6' chain link fence topped with three strands of barb wire for the protection of the carriers equipment. A propane back-up generator will be installed for emergency power on one of the existing equipment pads. The required utilities will be brought in from the nearest available source. Access and easement issues have been approved by the property owner. No public utilities such as water or sewer are necessary for the operation of this site. This site will be an unmanned service facility and will be serviced approximately once a month by maintenance technicians (1-2 hours). Construction of the lattice tower will take approximately 6 weeks and each carrier's installation of antenna will take 3-5 days. CSD will be responsible for managing the site, ensuring that all of the safety requirements are met. CSD will comply with all of the local, state and federal safety requirements imposed on new tower facilities. The towers will be purchased from a local California Company and will be installed by a local construction firm. Benefits of a CSD Communications Tower Site: • Local jurisdiction will process fewer requests for towers. • As a third party, CSD will be able to facilitate the co -location of many wireless communications carriers onto one site rather than several sites. (Colocation is often offered to the planning departments but is seldom seen due to the competitive nature of the industry, the expense of retrofitting an existing pole, lack of leased ground space, etc..) • Carriers will benefit by gaining time and saving money, and therefore will be able to provide service to the local customers sooner. • The site will potentially provide enhanced emergency response for police, fire and paramedic services in the area. • Local, State and Federal emergency services will be encouraged to locate on the towers. Owner/Agent Authorization I (We) hereby authorize Communication Systems Development, Inc. ("CSD") to act as "Applicant" in the processing of all relevant applications, permits and other corresponding activities,* including applying for, receiving, and copying as -built drawings, existing land surveys and microfilm from City or County Archives; associated with the Permitting/ Authorization of a wireless communications tower facility in the /County ofk z_ , California on the property -described hereinafter as follows: Property Address: None Assigned Assessor's Parcel No.: ' 030-010-006 CSD Project Name/#: #212 Richvale Owner/Representative: Jack D. Lalloue / Bruce D. Heltne Owner Signature: Dated: v August 28, 1997 0 utte County L A N D O F N AT U RA L W EA L T H A N D BEAUTY Communication Systems Development, Inc. 7488 Shoreline Drive, B-1 Stockton, CA 95219 Re: Use Permit, AP 030-010-006, UP97-30 Gentlemen: PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 538-7785 At the regular meeting of the Butte County Planning Commission held August 25, 1997, your request for a Use Permit to allow a communication tower on a 208 acre lot zoned "U" (Unclassified) , was approved subject to the conditions listed on the enclosures. Please sign both copies and return both copies to this Division within 40 calendar days. Should you desire to appeal any of the conditions imposed by the Planning Commission, you must do so in writing, to the Clerk of the Board of Supervisors, 25 County Center Drive; Oroville, California, prior to 5:00 p.m., Monday, September 8, 1997. The appeal deposit of $250.00 must be paid at that time. If you do not appeal and if there are no other appeal within the 10 calendar -day appeal period, the action of the Planning Commission is final. A Notice of Exemption. (NOE) should be tiled for purpose of completing the California environmental quality Act requirements. The fee for filing the NOE is a $25.00 document handling fee. A check made payable to the Butte County Treasurer in the amount of $25.00 should be submitted to the Planning Division in order to complete the process. Please be aware that failure to return the signed copies within 40 calendar days will invalidate the Planning Commission's approval. Re-application to this Division would then be necessary. The Use Permit is deemed granted when the enclosures have been signed by the applicant, with the counter signature of the Chairman of the Planning Commission, and said permit is received by the applicant by registered mail. Pursuant to Section 66020 (d) (2) of the Government Code you are hereby notified that you have 90 days to register a protest challenging any fees, dedications, reservations, or exactions imposed as conditions of approval for this project. Should you have any questions regarding this matter, please contact Pam Figge at this office between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Sincerely, Lynn Richardson Planning/Admin. Sup. Serv. Assistant Communication Systems Development Inc - (Item determined to be a General Rule exemption from environmental review) Use Permit to allow and install a lattice - type cellular communications tower, 185 feet in height with associated ground equipment on an 8,000 square foot area of a 208.6 acre parcel zone "U" (Unclassified) located on the north side of Nelson Avenue, approximately 1.5 miles east of State Highway 99, identified as AP 030-010-006, Oroville area. (PF) (UP97- 30) A video of the site was shown. Mr. Sanders gave a brief description of the project. He said the Butte County Fire Department requires all weather access road to the tower site. He said the condition for landscaping may not be necessary in this location. Commissioner Mooney said the applicant should notify the FAA and the person who does the mapping of towers for pilots. Commissioner Leland said that towers under 250 ft. do not show on the maps. He also questioned the reason for Condition 5. Mr. Sanders said it was in case there was storage of hazardous materials. Chairman Lambert asked about a safe setback from the road in case of collapse. Mr. Sanders said the towers are designed to collapse in a small area. Commissioner Mooney said a fence should be required because this is an attractive nuisance. The hearing was opened to the public. Gary Edwards, CSD Inc., said they propose to put up a redwood lattice fence with no landscaping. Mr. Sanders recommended that Condition 9 be deleted. Mike Moran, Attorney on behalf of land owner to the west, said this project should not be exempt from the environmental review process based on the height of the tower at this location. He said the adjoining property is rice land and this tower would be an additional hazard to aerial pilots. He said brood ponds were installed to attract migratory waterfowl and the tower could hinder the birds. He said this tower could be a problem for the Oroville Airport and should 'be reviewed by the Airport Land Use Commission. He was against this project as an environmental exempt project. Mr. Moran explained the closeness of the rice fields. He proposed a series of strobe lights on the tower if approved. Mr. Sanders said this location is outside the area under review by ALUC Mr. Edwards said they will file with the FAA on this tower. Commissioner Mooney and Chairman Lambert noted that strobe lights and/or reflectors on the tower could be a problem. st 28, 1997 BUTTE COUNTY PLANNING COMMISSION MINUTE$.=- Augu Mr. Moran said the Commission needs input from the applicators. This project should go through the environmental process. He said just because pilots are told about the tower does not mean they agree with them being there. The hearing was closed to the public. Chairman Lambert asked if the Commission makes the Categorically Exempt finding? Mr. Sanders said ultimately the Commission makes the finding. He said the Commission can direct staff to go through the environmental process. Commissioner Leland said he was able to make the finding of no environmental effect. Commissioner Nelson said he was comfortable with the finding and permit. It was moved by Commissioner Leland, seconded by Commissioner Mooney, and carried for approval as follows: Chairman Lambert said an environmental checklist should be necessary and she was not entirely comfortable with the environmental findings. FINDINGS: Section 1: Environmental Findings. A. Upon careful and deliberate review of the project and the project site environs, the proposed cellular communications facility will have no significant environmental effects and has been determined to meet the criteria for a general rule exemption under section 15061(b)(3) of the California Environmental Quality Act Guidelines. This finding is supported by the fact that the area proposed to be developed is less than 8,000 square feet in size, no significant amount of over covering is proposed, traffic generation will be insignificant, and the site is located in an area that is not botanically or biologically sensitive. -= Section 2: Zoning Ordinance Findings. A. The proposed use 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 property, or be detrimental to the health and general welfare of the persons residing or working in the neighborhood, or to the general health, safety, and welfare of the residents of the County as supported by the following facts: 1. The project site is located in a rural and undeveloped area of the County that is used primarily for grazing `purposes and has few residential uses and a limited potential for additional new residential uses; and BUTTE COUNTY -.PLANNING COMMISSION MINUMS." August 28, 1997 0 0 2. The use will not generate any noise, significant light, or traffic that would conflict with adjacent land uses; and 3. The use will not create any aesthetic impacts due to it's location away from populated areas and the existence of high tension power lines and towers that already affect the views in the area; and B. The proposed project is a Secondary Use under the Grazing & Open Lands General Plan designation and is conditionally consistent with the "U" Unclassified Zoning District. Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report, move to approve the Use Permit for Communications System Development, Inc. on APN 039-010-006 to allow the installation of a cellular tower 185 feet in height and associated equipment as depicted in the site plan accompanying the application on a 208.6 acre parcel zoned "U" Unclassified located on the north side of Nelson Avenue, approximately 1.5 miles east of State Highway 99. B. Minor changes may be approved administratively by the Director of Development Services, the Director of Public Works, or the Director of Environmental Health, or designee, upon receipt of a substantiated written request by the applicant. 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. Planning Division Conditions 1. The tower facility and all attachments shall not exceed 200 feet in height pursuant to Federal Aviation Administration (FAA) regulations. The applicant shall comply with all FAA and Federar Communication Commission's (FCC) rules and requirements. - 2. The applicant shall paint the upper 50 feet of the cellular antenna tower with an orange and white striped pattern for aircraft safety identification. The area below the upper 50 foot portion shall be painted an environmentally compatible color that is consistent with the surrounding landscape. The color shall be approved by the Development Services Department prior to installation. The top of the tower shall be visually identified with an approved FAA lighted beacon. 3. The ground mounted equipment pads and facilities shall be painted an environmentally compatible color (earthtone) that is consistent with the surrounding landscaping and tower. The painting shall be completed no later than 30 days after site construction and approved by the Development BUTTE COUNTY PLANNING COMMISSION MINUTED" August 28, 1997 Services Department. Applicant shall surround the facility with a chain link fence with lattice slats. 4. The applicant shall notify the Butte County Agricultural Commissioner_ and -all aerial applicators who operate in Butte County and publishers of FAA aeronautic's maps of the construction of the proposed facility prior to erection of the tower. 5. Meet the requirements of -the Butte County Environmental Health Department for hazardous materials storage; including the filing of an operating plan prior to operation of the facility. 6. At such time the tower is no longer needed at this location, or no longer needed to be the permitted height, the applicant shall either remove the tower and associated facilities or shorten the tower in resp_ onse. to future service needs. 7. The tower shall be constructed to structurally accommodate future antenna installations by other cellular operators who may be permitted to acquire space on the tower without. obtaining an additional use permit. 8. The applicant shall provide an all weather access designed to accommodate a 40,000 pound flrerapparatus with a minimum of 10 feet of width and 15 feet of vertical clearance. The applicant shall comply with the Public Resources Code 4291 for ground litter removal. 9. Obtain an encroachment permit and construct driveway approach in accordance with County standards 10. The applicant shall comply with all other applicable state and local ordinances, statutes, and regulations. AYES: Commissioners Mooney, Nelson, and Leland NOES: Commissioner Cage and Chairman Lambert ABSENT: No one ABSTAINED: No one ' 4 BUTTE COUNTY PLANNING COMMISSION MINUTES August 28., 1997 USE PERMIT BUTTE COUNTY PLANNING COMMISSION .UP 11 1997 DATE: (Certified Mail Rec.) UP 97-30 PERMIT NO. APN 030-010-006 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below:.Communications System Development, Inc. is hereby granted a Use Permit in accordance with the application filed 6/11/97 to allow the installation of a cellular tower 185 feet in height, and associated equipment as depicted in the site plan accompanying the application, on a 208.6 acre parcel zoned "U"- Unclassified located on the north side of Nelson Avenue, approximately 1.5 miles east of State Highway 99. 1 .401. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-62. 2. Unless otherwise provided for in a special condition to this use permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must,be established within 24 months of the delivery of the countersigned permit to the Permittee. 3. If any use for which a use: permit has been granted is not established within two years of the date of receipt of the. countersigned permit by the Permittee, the permit sha!! become null and void and reapplication and a new permit shall be required to establish the use. 4. 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. FINDINGS: Section 1: Environmental Findings. A. Upon careful and deliberate review of the project and the project site environs, the proposed cellular communications facility will have no significant environmental effects and has been determined to meet the criteria for a general rule exemption under section 15061(b)(3) of the California Environmental Quality.Act Guidelines. ;` -t; � 'tea±•. 2,n This finding is supported by the fact that the area proposed to be developed is less than 8,000 square feet in size, no significant amount of overcovering is proposed, traffic generation will be insignificant, and the site is located in an area that is not botanically or biologically sensitive. Section 2: Zoning Ordinance Findings. A. The proposed use 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 property, or be detrimental to the health and general welfare of the persons residing or working in the neighborhood, or to the general health, safety, and welfare of the residents of the County as supported by the following facts: 1. The project site is located in a rural and undeveloped area of the County that is used primarily for grazing purposes and has few residential uses and a limited potential for additional new residential uses; and 2. The use will not generate any noise, significant light, or traffic that would conflicfiwith adjacent•land uses; -and er 3. The use will not create any aesthetic impacts due to it's location away from populated areas and the existence -of •high�tension;power•lines- and towers that already affect the views in the area; and . B The proposed -project is =ra tSecond ary-Use-=uhder-the -Grazing ; & Open Landsi�F450:� General Plan designation and is conditionally consistent with the "U" Unclassified Zon?ng District. Section 3: Action. A. Subject to, the findings indicated in Sections 1 and 2 of this report, move to approve the Use Permit for Communications System Development, Inc. on ".C30C-u0o to allow the i;�sI i%ofPf M a cziluiar tower i 85 feet in height and associated- equipment as depicted in the site plan accompanying the application on a 208.6 acre parcel zoned "U" Unclassified located on the north side of Nelson Avenue-, approximately 1.5 miles east of State Highway 99. B. Minor changes may be approved administratively by the Director of Development cervices, the Director of Public Works, or the Director of Environmental Health, or designee, upon receipt of a substantiated written request by the applicant. 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. Planning Division Conditions 2 1. The tower.facility and all attachments shall not exceed 200 feet in height pursuant to Federal Aviation Administration (FAA) regulations. The applicant shall comply with all FAA and Federal Communication Commission's (FCC) rules and requirements. 2. The applicant shall paint the upper 50 feet of the cellular antenna tower with* an orange and white striped pattern for aircraft safety identification. The area below the upper 50 foot portion shall be painted an environmentally compatible color that is consistent with the surrounding landscape. The color shall be approved by the Development Services Department prior to installation. The top of the tower shall be visually identified with an approved FAA lighted beacon. 3: The . ground mounted equipment . pads and facilities shall be painted an environmentally, compatible color (earthtone) that is consistent with the .surrounding landscaping and tower. The painting shall be completed no later than 30, days after -site construction. and approved by the Development Services Department. Applicant shall surround the facility with a chain link fence with lattice slats. 4. The applicant shall notify the Butte County Agricultural Commissioner and all aerial* applicators who operate in Butte County and publishers of FAA aeronautic's maps of the construction of the proposed facility prior to erection of the tower. 5. Meet the requirements of the Butte County Environmental Health Department for hazardous materials storage, including the filing of an operations plan prior to operation of the facility. 6. At such time the tower is no longer needed at this location, or no longer needed to be the permitted height, the applicant shall either remove the tower and associated facilities or shorten the tower in response to future service needs. 7. The tower shall be constructed to structurally accommodate future antenna installations by other cellularoperators who may be permitted to acquire space on the tower without obtaining an additional use permit. 8. The applicant shall provide an all weather access designed to accommodate a 40,000 pound fire apparatus with a minimum of 10 feet of width and 15 feet of vertical clearance. The applicant shall comply with the Public Resources Code 4291 for ground litter removal. 9. Obtain an encroachment permit and construct driveway approach in accordance with County standards 10. The applicant shall comply with all other applicable state and local ordinances, statutes, and regulations. 3 I hereby declare under penalty of perjury are in fact the conditions which were imposed agree to abide fully by said conditions. Dated: 7 / I have read the foregoing conditions, they the granting of this use permit, and that I NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Bu County Planning Commission Chairman CC: Land Development'Division Building Division Health Department . Department of Forestry 4 011=1114 Comurn: ■ Complete items 1 and/or 2 for additional services. I also wish to receive the ■Complete items 3, 4a, and 4b. following services (for an ■ Print your name and address on the reverse of this form so that we can return this extra fee): card to you. ■Attach this form to the front of the mailpiece; or on the back if space does not 1. ❑ Addressee's Address permit. ■ Write'Retum Receipt Requested' on the mailpiece beldw the article number. 2. ❑ Restricted Delivery ■The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. to: Communication Systems Dev. Inc. 7488 Shoreline Dr.,,+,„B .1 Stockton, CA 95219 Y 5. Rece' ed By: Print Name) O�Xvlsfn 6. Signatur • (Addressee or Agent) X�- PS Form 3811, December 1994 4a. Article Number Z 379 332 153 4b. Service Type ❑ Registered [I Certified ❑ Express Mail ❑ Insured ❑ Return Receipt for Merchandise ❑ COD 7. Date of Deliver A -q B. and fee is paid) UNITED STATES POSTAL SERVICE i First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • COUNTY OF BUTTE DEPARTMENT OF SERVICES PLANNING DIVI M 7 Camty WW 011110 OmWk CA 859 u e ount 1,14 LAND OF NATURAL WEALTH AND BEAUTY } 1� PLANNING DIVISION • •=. DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916) 536-7765 September 11, 1997 Communication Systems Development, Inc. 7488 Shoreline Drive, B-1 Stockton, CA 95219 CERTIFIED MAIL Re: Use Permit, AP 030-010-006 Gentlemen: Enclosed is your validated Use Permit No. UP97-30 to allow .Use Permit to allow a communication tower on a 208.6 acre lot zoned "U" (Unclassified) . Should you have any questions regarding this matter, please contact this office between 8:00 a.m. and 4:00 p.m., Monday through Thursday.. Z 379 332 153 ' Sincerely, TF4mas A. Parilo Director of Development Services ' • Teri Bridenhagen Office Assistant III Enc. cc: Land Development Division Building Division Environmental Health Department of Forestry j:\(emPWP7 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail UMfED STIDES , _- VO"T45ERYIfE (See Reverse) I rn 0, t m 0 0 ao co E O ILL Seng mmunication System Street and No. 7488 Shoreline Dr. B-1 P.O., St -'e and ZIP Code Stoc�ton CA 95219 Postage �# Certified Fria ;$pedial ID.ekvery IFee Ii IRestiicted IDelivegy [Fee Return Receipt Showing to Whom & Date Delivered Return Receipt Showing to Mom, Date, and Addressee's Address TOTAL Postage Is & Fees Postmark or Date i f 09-15-97 rf f — - i►-.� � L�� �- �� s-r �� opo - o � o- ego � U � q'�- 3� _--- 100) STr V_ �' 2 Daa _-- ____ wIse k C- T--------------- I _ _ O - 'j,—, ,� III _ sw .K « .r .• • j�IQri-f yAPPD L; 030 010 5306 SSS% 0 STATUS: ACTIVE LANOUE .JACK ETAL HELTNE BRUCE 92 OAKMONT AVE SAN RAFAEL CA 94901 L-. 630 010 001 000 STATUS: ACTIVE STARKEY RANCH 398 NELSON SHIPPEE RD OROVILLE CA 95965 L: 030 010 si 03 000 STATUS: ACTIVE SALAS FRANK J JR & CAROLE LYNNE 419 SCENIC DR MODESTO CA 95354 L: 030 010 004 i?S! 0 STATUS: ACTIVE MILLER FAMIL`r' TRUST MILLER MARY MERRETTA SCHLINK TRUSTEE 3540 W AVE J-13 LANCASTER CA 93536 L: 030 010 005 000 STATUS: ACTIVE NELSON PETER A & CHRISTINE D 3234 NELSON AVE OROVILLE - CA 95965 L: 030 010 007 000 STATUS : ' ACTIVE G & M RANCHES 2132 TABLE MOUNTAIN BLVD OROVILLE CA 95965 L: 030 010 013 000 STATUS: ACTIVE LAUER PAULINE A ETAL C/O C F K LAND ACCOUNT P O BOX 1729 CH I CO CA 95927 • L: 030 S10 021 000 STATUS: ACTIVE CARM I CHAEL FRANCIS L ' P 0 BOX 1.710 PORTi SLA CA 96122 L: 030 010 034 000 STATUS: ACTIVE LAMALFA ANTHONY A JR & PHYLLIS E P O BOX 60; DURHAM CA 95938 L; 1( 30 440 007 000 STATUS: ACTIVE GROSS LESTER E 660 MAR VISTA DR LOS OSOS CA 93402 L : 030 440 010 000 'STATUS: ACTIVE FORT ROBERT B & ESTHER F P 0 BOX 1000 SAN JUAN BAUTIST CA 95045-1009 L; 030 440 012 000 STATUS: ACTIVE WISE KARL Al WINIFRED J 995 1. 17 •J ` 6vTH STREET ATWATER CA 95301-3627 L: 030 440 +. 0) 000 STATUS; ACTIVE WALKER WILLIAM E & JOYCE M 1630 LORNA DR CAMAR I LLO CA 93010 10 L: 030 440 022 000 STATUS: ACTIVE CR I CHTO`i ALBERT & NONA I i CP 1001 ROBL'_ _ANE SANTA BARBARA CA 93103 Project Information: Intended Project: Communication Facility Project Address: Nelson Ave. Richvale IST: 030-010=006 Area of Construction: 8000 sq. ft. Zoning: Ag. Project DirectoM Applicant: Communication Systems Dev. Inc. 7488 'Shoreline Dr., Suite B-1 Stockton, Ca. 95219 Co -Applicant: ack Lalloue & Bruce Heltne 92 Oakmont Ave., San Rafael Ca. 94901 Agent: Communication Systems Development 7488 Shoreline Drive, Suite B.1 Stockton, -CA 95219, (209)951-3049 Generali Drawing T-1 Cover -Project Information Title - Site Survey Proposed Tower- and Equipment Site / Parcel Plan Access Survey and A&E Services: Sn- th,an&Co. Surveying 2005 Airport Drive Bakersfield, CA 93308 (805) 393-1217 by U61), Inc. APN 030-010-006 Nelson Ave., Richvale California 10 -Jun -97 C.S.D. Inc. Communication Facility Project csd BU -212 Plan linea Division JUN 1 1 1997 Orovilie, California f/) 2. ` T ` '.sJ ,�r .�{Ey�� �.. ca j��nwt �f• ay �� tib w,y'9 Y f y 3 d: v f x _ h^ by U61), Inc. APN 030-010-006 Nelson Ave., Richvale California 10 -Jun -97 C.S.D. Inc. Communication Facility Project csd BU -212 Plan linea Division JUN 1 1 1997 Orovilie, California m 185' 110' 131 zZ O r Cn W Z D mm z z m fTl Gn O a i o Eil umWEwr g., O �1 SMITH & cr FTI c -v O z C'F- m f o -Z ®_ D z �o��< ,L'D m � -D Fm: z {Q-m F71 U5 ED k N O Lo r, U O s �O 9 C re J� N m m N O �M o fTl SURVEYING SERVICES NE AJE D s cn 7488 SHORELINE DRIVE O P.O. Box aea , -m -SON RICHVALE, CA. N m 185' 110' 131 zZ O r Cn W Z D mm z z m fTl Gn O OD n z o Eil umWEwr g., D SMITH & cr FTI zz O r, co Z D Z O -n m §z An m m J Cn .11 m o Z D OD n �. o Eil umWEwr g., m SMITH & cr c -v O z C'F- m f o -Z ®_ D z �o��< ,L'D m � C Fm: z {Q-m F71 U5 ED k N O Lo r, Z s �O 9 C) re J� N m m N O O O J PRO. ECT NAME: O o Z D OD n �. o Eil umWEwr g., - SMITH & cr m f o COMMUNICATION SYSTEMS ®_ RIC:HVALE CSD-BU212 � C z DEVELOPMENT, INC. U5 COMPANY 3 o s N PRO. ECT NAME: o Z D OD n � o Eil umWEwr g., - SMITH & cr m f COMMUNICATION SYSTEMS RIC:HVALE CSD-BU212 z DEVELOPMENT, INC. COMPANY s N C) SURVEYING SERVICES NE AJE N s cn 7488 SHORELINE DRIVE P.O. Box aea , -SON RICHVALE, CA. a $ , Zn o p SUITE B-1 BAKERSFIELD. CA. 93302 BUTTE COUNTY R 0STOCKTON, CA 95219 (209) 951 -3049 PHONE: (805) 393-1217 FAX: (805) 393-1218 F ',,. � nen Communication Systems Development, . ........ . ... .... "ON WIN A . ..... ..... .• Project Information: Intended Project: Communication Facility Project Address: Nelson Ave. Richvale N: 030-010-006 Area of Construction: 8000 sq. ft. Zoning: Ag. • Communication Systems Dev. Inc. 7488 Shoreline .Dr: Suite B-1 Stockton, Ca. 95219 ack Lalloue & Bruce Heltne 92 Oakmont Ave. San Rafael Ca. 94901 Communication Systems Development 7488 Shoreline Drive, Suite B.1 Stockton, CA 95219 (209)951-3049 T-1 Cover Project Information Title = Site Survey Proposed Tower and Equipment Site / Parcel Plan Survey and A&E Services: Smith and Co. Surveying 2005 Airport Drive Bakersfield, CA 93308 (805) 393-1217 Prepared for: Butte County by Inc. APN 030-010-006 Nelson Ave. Richvale California 10 -Jun -97 C.S.D. Inc. Communication Facility Project csd BU -212 Planning Division J U N 1 11997 oroville, California _ fi Project Information: Intended Project: Communication. Facility m Project Address: Nelson Ave. . Richvale , ` v N:.030-010-006 Area of Construction: 8000 sq. ft. Zoning. Ag. Prepared for. Butte County Planning Division JUN 1 11997 Oroville, California �T }say fNnt ter' ari i rt � 1 r ✓ sy ct � 0,1 WC SH, 1 f yl tY .,xl $� f frt( 1FY F hfrEL. r. L v Prepared for. Butte County Planning Division JUN 1 11997 Oroville, California m Ln 185' 131 Z 2 Co Z D z CO m g z �n m m r CO Z A 0) -0 O �I m m z Op x z m O �7m r N00ON m O O m oI zm 208.66 ACRES D rT1 Ln L A Z D OD n II O SMITH & cr o -0 o (Tl 1 ! go D COMMUNICATION SYSTEMS O O I I gP c�VISND g z = �CD m N�< oM Zmm�l { DVELOPMENT, INC.CSD-BU212 cD:'—O -N .J to Z O O O C7 C —I N LA m m $ ^ u 4�-r O r, --I m zl SURVEYING SERVICES NELSON AVE O 10 o D N 7488 SHORELINE DRIVE P.O. BOX 464 RICHVALE, CA. �z O C) o =� m Ln 185' 131 Z 2 Co Z D z CO m g z �n m m r CO Z A 0) -0 O �I m m z Op x z m O �7m r N00ON m O O m oI zm 208.66 ACRES D rT1 0 Ln L A Z D OD n II m SMITH & cr o -0 O z �F—=�Z, f COMMUNICATION SYSTEMS D c�VISND RICHVALE z = �CD m N�< oM Zmm�l { DVELOPMENT, INC.CSD-BU212 cD:'—O -N to Z O F9 O C7 N LA m m $ ^ N O O O 0 PROJECT NAME: A Z D OD n o Ecl uui.c[u[xr 91. SMITH & cr mm f COMMUNICATION SYSTEMS RICHVALE o oM DVELOPMENT, INC.CSD-BU212 COMPANY c C7 LA $ ^ SURVEYING SERVICES NELSON AVE O 10 o s" N 7488 SHORELINE DRIVE P.O. BOX 464 RICHVALE, CA. u C) o SUITE B-1 BAKERSFIELD. CA. 93302 BUTTE COUNTY K m STOCKTON, CA 95219 (209) 951 -3049 PHONE: (aos) 393-7277 FAX: (805) 393-1218 0 P ? i,a• � r ,a Communication Systems DInc. i t , 1 , Intended Project: Communication Facility Project Address: Nelson Ave. Richvale N: 030-010-006 Area of Construction: 8000 sq. ft. Zoning: Ag. Communication Systems Dev. Inc. 7488 Shoreline Dr. Suite B-1 Stockton, Ca. 95219 ack Lalloue & Bruce Heltne 92 Oakmont Ave. San Rafael Ca. 94901 Communication Systems Development 7488 Shoreline Drive, Suite B.1 Stockton, CA 95219 (209)951-3049 General Drawings: T-1 Cover Project Information Title - Site Survey Proposed Tower and Equipment Site / Parcel Plan Access Survey and A&E Services: Smith and Co. Surveying 2005 Airport Drive Bakersfield, CA 93308 (805) 393-1217 Prepared for: Butte County by UU), Inc. APN 030-010-006 Nelson Ave. Richvale California n 10 -Jun -97 C.S.D. Inc. Communication Facility Project csd BU -212 Planning Division J U N 1 1 1997 Orovill®, CallWhia`•- m m F- m D a z 185' 131' 10' zz 0, O Z > z W m z mm mm z D G m Cm N) U CO z COZ J� r D Az 00m „ m CA m �z 0 mm r rn z D G m Cm N) U J� r 000 „ m CA 0 O o z D nL O F— =zzJ AO» m D 5M��'D • mom z� c N G Op NF x-0 {zmmm � 00 ON L0> cLf)Nn pOmo I0 l G Omzp I o N tj m � U to m N 0 • O C Planning Division JUN 1 1997 PROJECT NAME: A > OD n � a+w[c� u•r+.c[u[ur BY. S M I T tI 8� RICHVALE m m f COMMUNICATION SYSTEMS (U1 m5 W zT o o DEVELOPMENT, INC.CSD-BU212 COMPANY iJ z c C) o $ ^ SURVEYING SERVICES NELSON AVEs o cn 7488 SHORELINE DRIVE P.O. Box 464 RICHVALE, CA. v $ Z" ,nC7 p SUITE B-1 BAKERSFIELD. CA. 93302 BUTTE COUNTY R -0 STOCKTON, CA 95219 (209) 951-3049 PHONE: (805) 393-1277 <" FAX: (805) 393-1218 2 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: California Department of Forestry FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Communication Systems Dev, Inc., UP97-30 DATE: July 29,1997 CONTACT PERSON: Pam Figge The Planning Division has received an application for development of the below described property. The application is being reviewed for completeness and , if complete, for conditions of approval. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for a Use Permit to allow a communication tower on a 208 acre lot on property zoned "U" ( Unclassified) located on the north side of Nelson Avenue. approximately 1.5 miles east of State Hi-ghway 99 in the Oroville area, identified as APN 030-010-006. It is within Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - _DEVELOPMENT REVIEW COMMITTEE ON September 25. 1997. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN August 13, 1997. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): k:\forms\comment.frm (Rev. 01-29-97 cbs) e-/ L�'C/ 7 Planning Division AUG 1 4.1997 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 APPLICANT: Communication Systems Dev. Inc. DATE: June 11, 1997 AGENT: APN: 030-010-006 FILE #: UP 97-30 PLANNER: PROJECT DESCRIPTION: Use Permit for a communication tower. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS 1. Construction, installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 2. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 3. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the County Fire Warden. 4. In lieu of a pressurized water system or water storage tank, payment of $200.00 per created parcel into the Battalion _ water tend fund, is required prior to the issuance of a building permit. 5. A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing _ feet, hydrant size _ inches, and residual fire flow _ gpm. Submit plans to the Fire Department for review and approval prior to construction of facilities. 6. In lieu of hydrant installation, payment may be made into the hydrant fund at a cost of $1.72 per lineal foot of street frontage. The estimated fee amount is $ 7. �•. P�to�fecordation of -the Map or•application= forlaxbuildingipermit, the applicant shall pay the then�currentifee fnr the=West Chico Fire=Station Fund. Provide an all weather access to all structures, which is designed to carry a 40,000 pound fire apparatus at least 10 feet wide with a 15 foot vertical clearance. Revised BKH 10-9-95 j:\up\cond.up ■ Use Permit Standard Conditions - Butte County ■ 8 m II m r— D O 185' 110' 131 ' Ln a m F_ =zz� D �, m z �0 D Z N r _<: rn m D LDO N LornZO r7 N Pl f� z F'9 0 z D FTI PROJECT N .YE: A � � W O m O I g 1 ba� 0 m 1 p o rn O O p oo A�1�1: JJJ l JJJ� m `� f I m 208.66 ACRES � 17'.egg L) O C o DEVELOPMENT, INC. COMPANY n A C rr F n z m z \ z - 0 0 \ C' zi"2 SURVEYING SERVICES z w rn m II m r— D O 185' 110' 131 ' Ln a m F_ =zz� D �, m z �0 D Z N r _<: rn m D LDO N LornZO r7 N Pl f� z F'9 0 z D FTI o . planning Division JUN 1 1 1997 oroville, California PROJECT N .YE: A � � W O m £ 0 z SX 0 0 N Ib N p o rn "I �N A�1�1: JJJ l JJJ� m `� f I m 208.66 ACRES o . planning Division JUN 1 1 1997 oroville, California PROJECT N .YE: Q £ 0 z o n � EV w.., mEW, B•• SMITH &RICHV�.LE m `� f COMMUNICATION SYSTEMS CSD—EU212 o DEVELOPMENT, INC. COMPANY m In n z m z \ z - 0 0 \ SURVEYING SERVICES NELSON AVE N V1 7488 SHORELINE DRIVE P.O. BOX 464 9 N n- SUITE B BnKERSFIELO. Ca. 93302 RICHVALE, CA. $ K p STOCK TON„CA 95219 BUTTE COUNTY m (209) 951 —3049 PHONE: (805) 393-1217 <” FAX: (Bos) 393-1218 I t � Communication Systems E Development Inc 3 . _. r?� (F 4.0' F� �� •-�•'i'T.i':`��": F _P.i a A 1 nded Project: ►munication Facility ect Address: on Ave. : 030-010-006 of Construction: 8000 sq. ft. zg: Ag. Communication Systems Dev. Inc. 7488 Shoreline Dr. Suite B-1 Stockton, Ca. 95219 ack Lalloue & Bruce Heltne 92 Oakmont Ave. - San Rafael Ca. 94901 Communication Systems Development 7488 Shoreline Drive, Suite B.1 Stockton, CA 95219 (209)951-3049 T-1 Coy-er Project Information Title .- Site Survey Proposed Tower and Equipment Site / Parcel Plan r_ Access i . Survey and A&E Services: Smith and Co. Surveying 2005 Airport Drive Bakersfield, CA 93308 (805) 393-1217 Prepared for: Butte County by UU, Inc. APN 030-010-006 Nelson Ave. Richvale California 10 -Jun -97 C.S.D. Inc. Communication Facility Project csd BU -212 Planning Division J U N 1 1997 Ori, "nornta, 1, 5 ' ZJ � r 4 E - h =� , T � Y !r 1 ,- � l". r -/ A •Y � -k ... . k � • i.,�' `.,'.'sR,b-... 'ate,. . ... t•.+��ls`�'!,� lg�. .",�",,,��' ' �} ,� 'Cij �, °+Fye ,^'� .+- ', «+.. 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Department of Development Services, Planning Division DATE: July 21, 1997 REQUEST: Use Permit 97-30 Communication_ Svstems Develoament. Inc. (applicant) and Jack Lalloue /Bruce Heltne (owners) on APN 030-010- 006: A request for use permit to allow and install a lattice -type cellular communications tower, 185 feet in height with associated ground equipment on an 8,000 square foot area of a 208.6 acre property zoned "U" Unclassified and located on the north side of Nelson Avenue, approximately 1.5 miles east of State Highway 99. The project site is located within Supervisorial District #4 . RELATED } ITEMS: None FOR: Planning Commission Meeting of August 28, 1997 SUMMARY: Staff recommends approval of this application subject to the required findings and conditions of approval. The project is conditionally consistent with the "U" Unclassified zone and the General Plan designation of Grazing and Open Land which notes that utilities and public quasi -public facilities are secondary uses for this land use designation. PROJECT CHARACTERISTICS: This project is a request to allow the installation of a lattice - type cellular communications tower, 185 feet in height with associated ground equipment on an 8,000 square foot area of a 208.6 acre property zoned "U" Unclassified and located on the north side of Nelson Avenue, approximately 1.5 miles east of State Highway 99. The parcel currently contains a 1,200 square foot residence and 2,000 square foot barn. Pacific Gas and Electric 500 kV transmission lines bisect the property at the northern end of the site. The subject parcel is adjacent to Nelson Avenue, an unpaved gravel road, approximately 15 feet in width. The general vicinity is largely vacant lands with existing development limited to a few scattered rural residential home sites/ranches. Topography of the site is uniformly flat with soils suitable for grazing and unsuited for cultivation. The applicant proposes to locate the communication tower and related ground equipment near the parcel's frontage with Nelson Avenue. (Photographs of the site will be available at the meeting for the Commission's review.) The two structures (home and barn) are located to the extreme north of the site. The proposed three-legged tower would be constructed on a 22 foot base and will contain four (4) personal communication services (PCS) wireless carriers panel antenna (9 panel antennae each). Panel antenna are typically 6 feet in height and 8 inches in ■ Butte County Department of Development Services - Planning Division ■ width. The tower will also contain one paging company antenna consisting of three whip antennae. Whip antennae are omnidirectional facilities which can serve a 360 -degree area. Additionally, space will be available for eight microwave dishes. Several communication servers can use the structure for transmission. Associated equipment pads (5) are indicated on the site plan which includes a propane back-up generation for emergency power. The site will also contain vehicle maintenance access for servicing the unmanned facility approximately once a month. The entire site is proposed to be enclosed with a 6 -foot high chainlink fence topped with three (3). rolls of barbed wire for security. Water and sanitation facilities are not proposed nor are they necessary for the site. ANALYSIS: This project is conditionally consistent with the "U" Unclassified zoning district and General Plan which notes utilities and public and quasi -public uses as secondary uses. The proposed facility is not within a one -mile radius of an airport and is less than the 200 foot height restriction imposed by the Federal Aviation Administration (FAA). The area is not associated with any special status plant, invertebrate or other protected species. Negative visual impacts are not anticipated due to the obscured location of the site and the sparseness of development in the vicinity. Vehicular traffic will be minimal and estimated to result in 2-4 additional trips per month to service the facility. To ensure that the safety of potential agricultural air traffic will not be impacted by the structure, the upper 50 foot portion of the tower will be painted a aircraft safety color and contain the proper beacon lighting on the top. The lower portion of the tower and the associated ground mounted equipment will be painted to blend with the surroundings. The Planning Division has developed guidelines for communications facilities to address the location, site design, architectural standards for these structures and to provide a standardized approval process. The guidelines were reviewed by the Planning Commission at a previous meeting and, though they have not been adopted, can be used as guidance for this project. In reviewing the guidelines, it appears that the applicant has complied with the recommendations set forth by the Planning Division with the exception of providing screening of the ground level facilities from view "with adequate landscaping appropriate to the surrounding environment." Landscaping around the perimeter of the site could be required; however, without an irrigation plan, the vegetation may not survive. If perimeter landscaping is required, staff recommends a drought tolerant plant species be considered. In addition, a temporary irrigation plan may be necessary to ensure the survival of the young plants. Due to the obscure location of the proposed facility, staff recommends that the Commission discuss the need for perimeter landscaping. Other concerns: Due to the potential of falling debris or tower collapse, some jurisdictions require a safety setback for the structure from other structures and/or property lines which equals the height of the tower. Because the structure must comply with specific wind load engineering and other structural requirements administered by the Building Division, the possibility of falling debris and/or collapse is greatly diminished. The applicant has proposed siting the tower in proximity ■ Butte County Department of Development Services - Planning Division ■ 2 0 1 0 to Nelson Avenue at the property owner's request. The Commission may wish to discuss requiring a safety setback for this project. The Butte County Fire Department will require that an all weather access be provided which is designed to support a 40,000 pound fire apparatus which is 10 feet wide with 15 feet of vertical clearance. Compliance with Public Resources Code 4291 for ground litter removal will be required: and . the Environmental Health Department regulations for the on-site storage of propane are required. ENVIRONMENTAL DOCUMENTATION: This application has been determined to be exempt from the provisions of the California Environmental Quality Act (CEQA) by the general rule that CEQA only applies to projects which have the potential for causing significant effects on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment, the activity is not subject to CEQA. Upon careful and deliberate review of the project and the project site environs, it has been determined that this application meets the criteria for a general rule exemption under Section, > .; 15061(b)(3) of the California Environmental Quality Act Guidelines. This finding is based on the - fact that the area proposed to be developed is less than 8,000 square feet in size, no significant amount of overcovering is proposed, traffic generation will be insignificant, and the site is located in an area that is not botanically or biologically sensitive. PUBLIC NOTICE AND COMMENTS: This application requires that a public hearing be advertised and held. Advertisement of the public hearing will be published in a local paper and public notices will be mailed to all property owners within a 300 foot radius of the subject property. RECOMMENDATION: Staff recommends the Planning Commission approve the application for Communication Systems Development, Inc. for a cellular tower on APN 030-010-006, subject to the following findings and conditions listed in Exhibit A. Attachments: A. Exhibit "A" Findings and Conditions of Approval B. Vicinity Map C. Site Plan D. Land Use Guidelines for Communication Facilities ■ Butte County Department of Development Services - Planning Division ■ 3 0 • EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) 97-30 PERMIT NO. APN 030-010-006 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Communications System Development, Inc. is hereby granted a ^.°x Use Permit in accordance with the application filed 6/11/97 to allow the installation of a cellular ...,. tower 185 feet in height, and associated equipment as depicted in the site plan accompanying the application, on a 208.6 acre parcel zoned "U" Unclassified located on the north side of Nelson Avenue, approximately 1.5 miles east of State, Highway 99. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of permit, constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Zoning Ordinance, including Butte County Code Sec. 24-62. 2. Unless otherwise provided for in a special condition to this use permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within 24 months of the delivery of the countersigned permit to the Permittee. 3. If any use for which a use permit has been granted is not established within two years 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. 4. 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. FINDINGS: Section 1: Environmental Findings. ■ Butte County Department of Development Services - Planning Division ■ 4 A. Upon careful and deliberate review of the project and the project site environs, the proposed cellular communications facility will have no significant environmental effects and.has been determined to meet the criteria for a general rule exemption under section 15061(b)(3) of the California Environmental Quality Act Guidelines. This finding is supported by the fact that the area proposed to be developed is less than 8,000 square feet in size, no significant amount of overcovering is proposed, traffic generation will be insignificant, and the site is located in an area that is not botanically or biologically sensitive. Section 2: Zoning Ordinance Findings. A. The proposed use 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 property, or be detrimental to the health and general welfare of the persons residing or working in the neighborhood, or to the general health, safety, and welfare of the residents of the County as supported by the following facts: The project site is located in a rural and undeveloped area of the County that is used primarily for grazing purposes and has few residential uses and a limited potential for additional new residential uses; and 2. The use will not generate any noise, significant light, or traffic that would conflict with adjacent land uses; and 3. The use will not create any aesthetic impacts due to it's location away from populated areas and the existence of high tension power lines and towers that already affect the views in the area; and B. The proposed project is a Secondary Use under the Grazing & Open Lands General Plan designation and is conditionally consistent with the "U" Unclassified Zoning District. Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report, move to approve the Use Permit for Communications System Development, Inc. on APN 039-010-006 to allow the installation of a cellular tower 185 feet in height and associated equipment as depicted in the site plan accompanying the application on a 208.6 acre parcel zoned "U" Unclassified located on the north side of Nelson Avenue, approximately 1.5 miles east of State Highway 99. B. Minor changes may be approved administratively by the Director of Development Services, the Director of Public Works, or the Director of Environmental Health, or ■ Butte County Department of Development Services - Planning Division ■ 61 designee, upon receipt of a substantiated written request by the applicant. 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. Planning Division Conditions The tower facility and all attachments shall not exceed.200 feet in height pursuant to Federal Aviation Administration (FAA) regulations. The applicant shall comply with all FAA and Federal Communication Commission's (FCC) rules and requirements. 2. The applicant shall paint the upper 50 feet of the cellular antenna tower with an orange and white striped pattern for aircraft safety identification. The area below the upper 50 foot portion shall be painted an environmentally compatible color that is consistent with the surrounding landscape. The color shall be approved by the Development Services Department prior to installation. The top of the tower shall be visually identified with an approved FAA lighted beacon. // ( e.vpk -hwkt 3. The ground mounted equipment pads and facilities shall be painted an environmentally compatible color that is consistent with the surrounding landscaping and tower. The painting shall be completed no later than 30 days after site construction and approved by the Development Services Department. ro ght- lera shru s r t hal a pl ed a and peri ter of the n I se ite o bs ure he rou mo ed an qui nt fr m p lic i w. t m ora 'rrigati plan shall be included to insure the survivah e J i ial anti g of the vegetation. 4. The applicant shall notify the Butte County Agricultural Commissioner and all aerial V qylrA applicators who operate in Butte County of the construction of the proposed facility prior to erection of the tower. Apyl-c . t g k"i ►n. k 4 5. Meet the requirements of the Butte County Environmental Health Department for hazardous materials storage, including the filing of a-WsWess plan prior to operation of the facility. 6. At such time the tower is no longer needed at this location, or no longer needed to be the permitted height, the applicant shall either remove the tower and associated facilities or shorten the, tower in response to future service needs. 7. The tower shall be constructed to structurally accommodate future antenna installations by other cellular operators who may be permitted to acquire space on the tower without obtaining an additional use permit. ■ Butte County Department of Development Services - Planning Division ■ 8. The applicant shall provide an all weather access designed to accommodate a 40,000 pound fire apparatus with a minimum of 10 feet of width and 15 feet of vertical clearance. The applicant shall comply with the Public Resources Code 4291 for ground litter removal. 09. Provide information that Communications Development Inc. is a public utility or a subsidiary of a public utility in order to utilize the State Subdivision Map Act exemption for the creation of an 8,000 square foot leasehold parcel. 10. Obtain an encroachment permit and construct driveway approach in accordance with County standards �a 11. The applicant shall comply with all other applicable state and local ordinances, statutes, and regulations. hereby declare under penalty of perjury that I have read the foregoing conditions, they'`'=' e in fact the conditions which were imposed upon the granting of this use permit, and that I )ree to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. CC: Land Development Division Building Division Health Department Department of Forestry COVI- ' 6. 0. +rVV' 1 Butte County Planning Commission Chairman OD Al fn V fr-'� ■ Butte County Department of Development Services - Planning Division ■ 7 COMM. SYS. DEV. I t i(I' Lae ( \ I j 1 c r 1 % CottoMvood r"�•� T� � Road t_ U r� r f ___________________ ---- ------------- -------------- F rject Local I / ` JFK �''.�.Y �J A-160 / / ,�, by ;� � -� �-� '••.•• . � r r-' X. U u ^ Nakon Aw n /�•�.J a � i• t i . 1� Oro am . A-40 f1�• f �� n •{ 1 / I�i� 'i / �/ / IVr AJ-1 0 BUTTE COUNTY PLANNING COMMISSION A 1 Applicant: Communication Systems Dev. Inc. Owner: Lanoue, Jack ETAL Hearing Date: August 28, 1997 @ 9:00 a.m. Existing Zone: U (Unclassified) Request: Use Permit to allow a communication tower on a 208 acre parcel. No Scale Assessor Parcel No: 030-010-006 File: 97-30 Communication Systems Development, Inc. 7488 Shoreline Drive, B-1 Stockton, CA 95219 Re: Use Permit, AP 030-010-006, UP97-30 Gentlemen: Enclosed is a copy of the Agenda Report concerning your application, for a Use Permit to allow a communication tower on a 208 acre lot zoned "U" (Unclassified) located on the north side of Nelson Avenue, Oroville. Should you have any concerns with the report or conditions of approval, please contact -us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for August 28, 1997, at 9:00 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter, please contact Craig Sanders of this office at 538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Sincerely, Lyn�hardson Planning/Admin. Sup. Serv. Assistant Enc. j:\woocsWslschedule. mrg county -Suite L A N D O F N A T U R A L W E A L T H A N D B E A U T Y r PLANNING DIVISION r DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE. CALIFORNIA 95965-3397 TELEPHONE: (916) 536-7601 July 30, 1997 FAX: (916) 538-7765 Communication Systems Development, Inc. 7488 Shoreline Drive, B-1 Stockton, CA 95219 Re: Use Permit, AP 030-010-006, UP97-30 Gentlemen: Enclosed is a copy of the Agenda Report concerning your application, for a Use Permit to allow a communication tower on a 208 acre lot zoned "U" (Unclassified) located on the north side of Nelson Avenue, Oroville. Should you have any concerns with the report or conditions of approval, please contact -us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for August 28, 1997, at 9:00 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter, please contact Craig Sanders of this office at 538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Sincerely, Lyn�hardson Planning/Admin. Sup. Serv. Assistant Enc. j:\woocsWslschedule. mrg CJ BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Public Works FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Communication Systems Dev. Inc., Up 97-30 DATE: June 11,1997 CONTACT PERSON: Pam Figee The Planning Division has received an application for development of the below described property. The application is being reviewed for completeness and , if complete, for conditions of approval. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for a Use Permit to allow a communication tower on property zoned U ( Unclassified ) located'on the north side of nelson Ave approx 1.5 miles east of SR 99, Oroville, identified as APN 030-010- 006. It is within Supervisorial District No. 4 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON September 25, 1997. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN June 26, 1997. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional 'pages if necessary): Cr S �.✓G . ,,�,t,(/j 7.��,,•t,., ' J'.b..���0'� Gl�i+..-.7,. s r %L %�v�� (��t ��, � ,SvhSr�s.q,� /f�d��% �fi �� O.� ?rte•.-- �z/ � �C. mss.,{/ ciY ,t✓6 c: N� � �GG�-s-� � G2�... .� U00 G r' M 4i[ A4 k:\forms\comment.frm (Rev. 01-29-97 cbs) Planning Division J U N 1 61997 Oroville, California 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 �M BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on Thursday, August 28, 1997, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item at the following time: ITEMS DETERMINED TO BE A GENERAL RULE EXEMPTION FROM ENVIRONMENTAL REVIEW 9:00 a.m. - Communication Systems Development Inc - Use Permit to allow and install a lattice -type cellular communications tower, 185 feet in height with associated ground equipment on -an 8,000 square foot area of a 208.6 acre parcel zone "U" (Unclassified) located on the north side of Nelson Avenue, approximately 1.5 miles east of State Highway 99, identified as AP 030-010- 006, Oroville area. (PF) (UP97-30) The above mentioned application and map are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION THOMAS A. PARILO, DIRECTOR DEVELOPMENT SERVICES To be published in the Oroville Mercury on Thursday. August 7, 1997. A ;oAr FILE NO. IIP 97-30 LEAD - IN SHEET AP# 030-010-006 APPLICANT: dommunication Systems Dev. Inc., 7488 Shoreline Dr R-1, Starktan CA 95219 Name address OWNER: Jack La Noue & Bruce Heltne, 92 OakmontAAve San Rafapi CA- 94401 Name address RESPRESENTATIVE: Name address REQUEST: Foe A USE Pi Mir To AU.&W A ('0p4r1UN1LA770N TOwFR t oAl A 208 AC/4 Loi 2uwie U ?;VC 'v 92f Sr Df ole iuE1 ON {Nw-4 �tf Qleo-lc-L[ 5 Mi. 52 qq <" SIZE: LOCATION: SUPERVISORAL DISTRICT # EXISTING ZONING: rrrn T/'1T] V. 1.lJ1V 11 `1v 11.i I7 A vi. .I^ SURROUNDING ZONING: S � SURROUNDING LAND USE: SURR � SITE HISTORY � RAL PLAN DESIGNATION: GENE � APPLICABLE REGULATIONS: kMorms\lead-in Planning Division JUN 1 1 1991 Oroville, California 1 ' BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION 7 ("'ounty J.YV Crovr lle, Ca TO: Environmental Health FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Communication Systems Dev. Inc., Up 97-30 DATE: June 11,1997 CONTACT PERSON: Pam Figee The Planning Division has.received an application for development of the below described property. The application is being reviewed for completeness and , if complete, for conditions of approval. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for a Use Permit to allow a communication tower on property zoned U ( Unclassified ) located on the north side of nelson Ave. approx 1.5 miles east of SR 99, Oroville,7identified as APN 030-010- 006. It is within Supervisorial District No. 4 . THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON September 25, 1997. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN June 26, 1997. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attachd fional page if ecessary): d By: U Date: k:\forms\comment.frm (Rev. 01-29-97 cbs) Planning Division JUN 2 5 199/ 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 90=We,7 ornia O BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Agricultural Commission FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Communication Systems Dev, Inc., UP97-30 DATE: July 29, 1997 CONTACT PERSON: Pam Figge The Planning Division has received an application for development of the below described property. The application is being reviewed for completeness and , if complete, for conditions of,approval. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts.. This is an application for a Use Permit to allow a communication tower on a 208 acre lot on property zoned "U" ( Unclassified).located on the north side of Nelson Avenue. approximately 1.5 miles eas theTOroville-area=identified as APN 030-010-006. It is within Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) PLANNING COMMISSION - _DEVELOPMENT REVIEW COMMITTEE ON September 25, 1997. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN August 13, 1997. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. j k:\forms\comment.frm (Rev. 01-29-97 cbs) Planning Division AUG 18 1997 Oroville, California 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 V 0 i COMMENT DISTRIBUTION LIST APPLICATION: Communication Systems Development Inc. UP 97-30 DATE: June 11. 1997 County Offices and Cities: / Chief Administrative Officer V _X_ /X—Environmental Develop. Services Director VX_ Public Works Director Health Building Manager Sheriff _ _ BCAG _ ALUC LAFCo _ APCD _ Butte Co. Farm Bureau _X_ Biggs _ Gridley Chico Oroville _ Paradise Chico Airport Commission _ Agricultural Commission Irrigation District: Butte Water _ Biggs/W. Gridley Water _ Durham Irrigation _ OWID _ Paradise Irrigation _ Richvale Irrigation _ _ Table Mountain Irrigation _ Thermalito Irrigation _ Other Domestic Water Butte Water District _ California Water Service Co. _ Del Oro Water Co. _ _ OWID _ Thermalito Irrigation District _ Other Sewer Butte Water District _ Themalito Irrigation Sterling City Sewer Main _ _ Skansen Subdivision (CSA 21) _ _ L.O.A. PUD Fire Protection X California Department of Forestry _ El Medio Fire Protection District Recreation Districts Chico Area Recreation _ Durham Area Recreation _ Feather River Rec. & Park _ Paradise Recreation & Park Richvale Recreation & Parks Utilities PG&E North - Chico _ Chambers Cable TV _ Pacific Bell _ PG&E South - Oroville Viacom Cable TV " State Agencies CalTrans (Traffic) Dept of Water Resources _ Dept of Fish and Game _ _ Forestry (Attu: Craig Carter) _ Dept of Parks and Rec. _ Highway Patrol Central Reg. Water Quality Cont _ Caltrans, Aeronautics Program Department of Conservation Off. of Mining Reclamation _ Off. of Governmental & Env. Relations _ DeptSocial Services, Comm.Care Licensing Federal Agencies US Forest Service _ US Bureau of land Management _ US Fish & Wildlife Service _ Army Corps of Engineers Other Districts, Agencies, Committees, etc. Lime Saddle Dist _ Community Association _ Mosq. Abatement. Oroville/Butte Cc _ Drainage _ Butte Env.l Council _ Paradise Pines Com. Assoc. Reclamation _ Cal Native Plant Society _ _ Butte Co. Mining Committee _ Forest Ranch Community Assoc. Butte Ck. Watershed Conservancy_ School Districts BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Communication Systems Dev, Inc., UP97-30 DATE: July 29,1997 CONTACT PERSON: Pam Figge The Planning Division has received an application for development of the below described property. The application is being reviewed for completeness and , if complete, for conditions of approval. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for a Use Permit to allow a communication tower on a 208 acre lot on property zoned "U" (Unclassified) located on the north side of Nelson Avenue. approximately 1.5 miles east of State Highway 99 in the Oroville area, identified as APN 030-010-006. It is within Supervisorial District No. 4. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X PLANNING COMMISSION - _DEVELOPMENT REVIEW COMMITTEE ON September 25. 1997. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN August 13, 1997. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessaW: Date: k:\forms\comment.frm (Rev. 01-29-97 cbs) 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 APPLICANT: Communication Systems Dev. Inc. DATE: June 11, 1997 AGENT: APN: 030-010-006 FILE #: UP 97-30 PLANNER: PROJECT DESCRIPTION: Use Permit for a communication tower. PLEASE CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS H. BUILDING PERMITS 1. Prior to building permit issuance for a new residential dwelling unit(s), the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees, shall include, but not be limited to: Park Fee, School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. 2. Prior to building permit issuance for a new commercial or industrial development, -or addition to an existing development, the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees shall include, but not be limited to: School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. 1. EXISTING STRUCTURES 1. Comply with the Uniform Building Code for property line clearances considering use, area and fire -resistiveness of existing buildings. 2. E6dsting building(s) shall be made to comply with current Building and Zoning regulations for the intended new use of the building(s) or the existing building(s) shall be demolished. ■ Use Permit Standard Conditions - Butte County • 4 APPLICANT: Communication Systems Dev. Inc. DATE: June 11, 1997 AGENT: APN: 030-010-006 FILE #: UP 97-30 PLANNER: PROJECT DESCRIPTION: Use Permit for a communication tower. PLEASE CONTACT THE PLANNING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS J. SITE DEVELOPMENT 1. The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. Said site plan is on file in the Planning Division, is identified as "Exhibit B" and dated _, 19_ and is incorporated herein by this reference. 2. Prior to the issuance of building permits, the plans, incorporating all applicable conditions of approval shall be submitted to the Planning Division to verify compliance with said conditions of approval. 3. Trash receptacle areas shall be enclosed by a 6 foot high'solid masonry wall with view obstructing gates and a solid or semi -open shade cover. Plans to be reviewed and approved by the Planning Division prior to construction. 4. Prior to any use of the project site or business activity being commenced thereon, pursuant to this permit, conditions of approval contained herein shall be completed to the satisfaction of the Planning Division. 5. All electrical and mechanical equipment, including but not limited to air conditioning units, electrical boxes, transformers, and backflow preventers, shall be screened from public view. Screening shall be to the satisfaction of the Planning Division and in compliance with the Building Division. K. . LANDSCAPING _ 1. A detailed landscape and irrigation plan consistent with the project site plan shall be submitted to and approved by the Planning Division prior to the issuance of building permits. 2. A plan of the existing on-site mature trees, located in any area proposed for buildings and vehicular access, shall be provided to and approved by the Planning Division prior to the issuance of building permits and/or prior to grading or vegetation removal. The applicant shall minimize the removal of mature trees, where possible. A mature tree shall be defined as a tree with a trunk measuring 4 inches in diameter, 4 feet from ground level. Mature trees removed shall be replaced by planting replacement trees of equal number and not less than _ gallon size. 3. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris, during the term of this permit. 4. All graded slopes, over 5 feet in height, or on slopes greater than _%, shall be seeded, ■ Use Permit Standard Conditions - Butte County ■ 5 planted, mulched or hydroseeded or otherwise protected to prevent erosion. A permanent irrigation system shall be installed for non-native vegetation. A one year Faithful Performance bond shall be posted to guarantee installation and established growth. 5. In parking lots of commercial and industrial development, trees of not less than 15 gallon size shall be provided to reduce heat gain from the paved surface and to soften the visual impact of the paved area. Such trees shall be planted at a minimum density of one tree every three parking spaces. Tree species shall be approved by the Planning Division prior to planting. 6. Prior to the commencement of grading and/or construction activity, all individual or groups of oak trees which are to be retained as part of the project, shall be fully protected through the use of root protection zones (RPZ). During construction, RPZs shall be established using protective fencing enclosing an area with a radius 1.5 times the distance from the trunk to the dripline. Within this protective buffer, no grading, trenching, fill, or vegetation alteration of any kind shall be allowed. The RPZs shall be maintained after the completion of construction in order to continue to protect the oak trees, but the fencing shall be removed. L. GRADING 1. During construction, should any archaeological artifacts be discovered, the Planning Division shall be notified immediately, and all work shall cease until a qualified archaeologist has examined the artifacts and the site and submitted his or her findings to the Planning Division, and recommended clearance to continue. Recommencement of construction shall be upon the approval of the Planning Division. Archaeological artifacts are defined as follows: 2. Prior to any clearing, grading and/or construction in a Federal or State identified 100 year floodplain and/or streambed the following entitlements must be obtained: a California Fish and Game 1604 Streambed Alteration permit and an Army Corps 404 permit or exemption certificate. M. ADDITIONAL APPROVALS 1. Prior to the issuance of building permits payment of the North Oroville/Thermalito Traffic Impact Fees shall be made. 2. Prior to the issuance of a building permit for each new or additional living unit the applicant shall execute the Oroville Area Traffic Mitigation Fee Agreement and pay the established fee. _ 3. Prior to the issuance of the Use Permit, to insure the maintenance and continuance of the orchard or other agricultural use of the property, the property owner shall enter into the County approved Orchard Management Agreement. The agreement shall terminate in 10 years or upon a rezoning of the parcel/lot to a zone other than A-5 through A-160. The agreement shall be recorded and recording fees paid by the applicant. 4. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable State and County laws and regulations in effect at the time of building permit application. 5. This Conditional Use Permit is granted for a period of month(s) at the end of which ■ Use Permit Standard Conditions - Butte County ■ time it shall expire (unless the approving authority has held a hearing thereon and granted an extension. In connection with such an extension the approving authority may add, change, or delete conditions. 6. Approval of this Conditional Use Permit shall become null and void if the use for which it has been granted is not established within two calendar year from the date of approval. No formal cancellation or revocation action by the County will be necessary. 7. The developer shall display a current County Zoning and County Land Use Map in the sales office at all times, and/or suitable alternatives. 8. Approval of this application does not become effective unless, prior to 4:00 p.m. on _, 199_, the applicant shall sign and file with the Department of Development Services an Indemnity Agreement in a form satisfactory to the County Counsel. 9. Prior to the issuance of a building permit or prior to the issuance of a Use Permit for a Mobile Home Park the Sheriff Facilities Impact Fee shall be paid, pursuant to the provisions of Chapter 3, Article II of the Butte County Code. The fee amount shall be determined and calculated as of the date of application for building permit. 10. Prior to the issuance of the Use Permit the applicant or property owner shall sign and record the CSA 87 Traffic and Drainage Mitigation Agreement or pay the required fees prior to the issuance of the Use Permit. 11. Prior to the issuance of the Use Permit, the applicant shall contact the Butte County Tax Collector's Office to begin the process of a Transient Occupancy Registration Certificate. A Transient Occupancy Registration Certificate shall be required within ten (10) days after commencing business for a motel, hotel, inn, tourist home, bed and breakfast, rooming house, apartment house, mobile home park, recreational vehicle park, campground, or parking area (See Chapter 23A). 12. Prior to the issuance of the Use Permit, the applicant shall pay all outstanding County fees. ■ Use Permit Standard Conditions - Butte County ■ 7 /y N. tr- 3 t . ACV , NEL SON 'c�, BK 4 I 3tiS" Tax Area Code /O4 - 09 _. 104-03 SH/PPEE RD O 3960 25 s B. 384 c c. i /683 195,4c i 3850.67 CC 0 2094c. 2/2 .4c 2RAc /2CC i . 48 0h O 195.92 AC \ / I 210.8'1 A(: i 210.81 AC 282 Ac. i fl h��1Q 1107.07 e S.22A b 47 I 405 v j 38.83& 44:09.:c BK 25 P/ 179-5I/52 � ,4.OA : � o 07 ( t ORO V/LLE NELSON !' J �-c-- / 1320 - 40 I jc RGQ D ' `t 438.96 Ate. 380.58 A r. p � j O E44 157.4c, /57Ac. r !t % 1814cr- i % \ /56 AC./-.. a r4 �2 s oNo 239.68 Ac. m 3 orD i ' •. � ,���� '�., �� 5 ASI 01 V 1- 43.83 Ac. 3 .• O 't rhermoliro Atierbcy �� ' �1bb ° �` ,�14� °' 11449.79 rb O 4 Ji A :r rRES O 71L TE ' '4''79 TRES VIAS ROAD ' _ !?"? 1 v, TGLJa1VG RGAO 23 ssessor s Map No. 30 O/ 24 NOTE- ASSESSOR'S PARCEL BLOCKCounty of Bu1te, Ca►if y 4� & -LOT NUMBERS SHOWN MOrCh, /953 _ IN CIRCLES i Communicatiol-I'Sv rV 10,11 i - Intended Protects Communication 'Facility Project Address: Nelson Ave. Richvale N: 030-010-006 Area of Construction: 8000 sq. ft. Zoning: Ag. Project Director pplicant: Communication Systems Dev. Inc. 7488 Shoreline Dr. Suite B-1 % Stockton, Ca. 95219 , Co -Applicant: ack Lalloue & Bruce Heltne r 92 C!akmont Ave. San Rafael Ca. 94901 ent: Communication Systems Development 7488 Shoreline Drive, Suite B:1 Stockton, CA 95219 (209)951-3049 N ' 1 a y 1 � G. s�tems�= Develo ment;�a�Inc. . � p r Z , } A J, General Drawing T -1 -Cover P.rolecf Information Title - Site Survey, Proposed;Tower�and°.Equipment:' ~� Site / Parcel ,Plan ; ; i Access . T > 1 J Surveyaand?A&E.Services: <=' Smith and Cokurveying: -n. J 2005 Airport Drive -• { Bakersfield; :CA 93308 , (805) 393-1217'.'; . r !1 1 t I` { . a Prepared for: Butte County b CS0,4nc., APN 030-010=006 Nelson Ave.i Richvale . `- '{ a California 10 -jun -97, C.S.D. Inca Communication Facility Project csd BU -212 Planning Division JUN 1 1 1997 Oroville, Califomia O y e'S�) C Y.�t�yr Y ',aj+s`xyeJ� { af!"Lut Y" {�da�tt�tJJ�ip '^atikt�W�FI#'�ti-ra' 'SA�. is kt4���+�P LJ1 .11 y�A1•F C""i.Y ''Z' +t `th�i� •R? 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Inca Communication Facility Project csd BU -212 Planning Division JUN 1 1 1997 Oroville, Califomia O O C m F— m D O z 185' 131' im z O r L� l mz I\ > z mm g4 bo rl m m F C/)I O - cn o FT1 gm I II F 41 O -T1 q b p FT1 D O O I op I og < D m m f X COMMUNICATION SYSTEMS � Lam_ ,r AOEEB9 � z m o 0rc- DEVELOPMENT, INC. O C m F— m D O z 185' 131' im z O r L� l mz I\ > z mm M rl m m F C/)I O J U N 1 1 1991 o FT1 o Z o 2Zz, D��mN z � 0 r - D Z m M LA >0 LA E9mZO �o m m O /r O Planning Division J U N 1 1 1991 o fe J. PROJECT NAVE: P n D f/{ • PBGIER Y41dGEYEMT BY, SMITH &RICH'/ALE m m f X COMMUNICATION SYSTEMS CSD—BU212 m o 0rc- DEVELOPMENT, INC. COMPANY c� o o / r SURVEYING SERVICES NELSON AVE Z Z n 7488 SHORELINE DRIVE P.O. BOX 464 RICH VALE, CA. p SUITE B-1 BAKERSFIELD. CA. 93302 BUTTE COUNTY K m STOCKTON, CA 95219 (209) 951-3049 PHONE: (805) 393-1217 FAX: (805) 393-1218 -10 /r -10 ' � f €� kms• ascRB��'t"k�� � � � �� k§ r K 3� OKK Communication Systems DInc. _.M -M Project Information: Intended Project: Communication Facility Project Address: Nelson Ave. Richvale N: 030-010-006 Area of Construction: 8000 sq. ft. Zoning: Ag. 'T i Communication Systems Dev. Inc. 7488 Shoreline Dr. Suite B-1 Stockton. Ca. 95219 ack Lalloue & Bruce Heltne 92 Oakmont Ave. San Rafael Ca. 94901 munication Systems Development Shoreline Drive, Suite B.1 :ton, CA 95219 951-3049 -1 Cover Project Information -!Site Survey os;ed Tower and Equipment /'Parcel Plan ss aey and A&E Services: th amd Co. Surveying 5 Adrport Drive ersif eld, CA 93308 it 3193-1217 Z Prepared for: Butte County by CSll, Inc. APN 030-010-006 Nelson Ave. Richvale California 10 -jun -97 C.S.D. Inc. Communication Facility Project csd BU -212 Planning Division JUN 1 1 1997 Oroville, Califomia Planning Division 0 JUN 1997 O N ^� (n N W ��.I � a� M� Oroville, Cattfomta W m o O ED o� 1'x`1 U a It Y O < o� 0 W m a� L1 / O �) U) L.../ U Q ID p0 o C6 No M� ` L-'. NEW 6' CHAIN LINK FENCE N WITH 3 STRAND BARB WIRE PROPOSED SITE m 60' x 80' En z 4,800 SO. FT, m m o w z z z i <M "yOw m a t= Ln .QdwZm a OF O WEST ELEVATION — g z _j (n U O 1" = 40' � NELSON AVE � w � �" �v 0 r- 208.66 ACRES PROJECT SCOPE A NEW COMMUMCATIONS FACILITY DATE: 06/09/87 SCALE: AS SHOWN OWN. BY: Su REVISIONS Na CIA TE OEsmp7j N PROPOSED SITE 60' x 80' 4,800 SO. FT. EF"' A. � � � 25.00 I EWIP. PAp TONE. 1�'.�T EOuiP. i PAp NEW 6' CHAIN LINK FENCE WITH 3 STRAND BARB WIRE NELSON AVE 120.00' �- COUIP. PAp EWIP. PAp EQAP. PAp 1.5 MILES TO Q ~ LiZ -_ J f INTERSETION OF N Q U O W AppEn NELSON AVE & HIGHWAY 99 SITE < M z <U SITE PLAN W =o �_'� PROPOSED FOOTPRINT SOUTH ELEVATION 1" = 400' a w� z� 1" = 40' 1" = 40' CUP