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PROJECT NUMBER ZCN 63
BUTTE COUNTY 49 ARK OF THE BOARD USE ONLY
BOARD OF SUPERVISORS MEETING DATE:
AGENDA TRANSMITTAL AGENDA ITEM:
Zoning Code Amendment (ZCA06-03) to Butte County Code section 24-262
AGENDA TITLE: regarding wireless communication facilities consistent with Government
Code Sections 65850.6 and 65964
DDS, MEETING DATE 2/13/07
DEPARTMENT: . Planning DATE: 1/29/07 REQUESTED:
Chuck REGULAR X CONSENT
CONTACT: Thistlethwaite PHONE: 538-6572
DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION: Zoning Code Amendment to
Section 24-262 of the Butte County Code regarding wireless telecommunications facilities consistent
with the requirements of Government Code sections 65850.6 and 65964. The Planning Commission
held a public hearing on November 30, 2006 to consider the proposed zoning code amendment and
recommends approval to the Board of Supervisors.
ACTION REQUESTED: The Board of Supervisors:
1. Find the project exempt from the California Environmental Quality Act pursuant to sections
15268 and 15301 (Class 1) of the CEQA Guidelines; and
2. Adopt the ordinance amending Section 24-262 of Article V of Chapter 24 of the Butte County
Code.
AGENDA ITEM SUBMITTALS REQUIRE THE ORIGINAL (1) IN A FORMAT THAT CAN BE
REPRODUCED BY STANDARD OFFICE EQUIPMENT
ATTACH EXPLANATORY MEMORANDUM AND OTHER BACKGROUND INFORMATION AS NECESSARY
Budgetary Impact: Yes No X CAO OFFICE USE ONLY
If yes,complete Budgetary Impact Worksheet on back
Budget Transfer Requested: Yes No x Administrative Office Review
If yes, complete Budget Transfer Request Worksheet on
back. Administrative Office Staff Contact
(Deadline is one business day prior to normal agenda
deadline.) 4/5/s Vote Required: Yes: _ No:
Will Proposal Require an Agreement: Yes No x
Auditor-Controller's Number(if Date Received by Clerk of the Board:
required):
County Counsel's Approval: Yes No x
Will Proposal Require Additional Personnel: Yes _ No x
Number of Permanent: Temp
Extra Help
Previous Board Action Date: January 9, 2007 Additional Information Attached: Yes x No
Describe: memo
Rev. 06/02
SOCIAL INSTRUCTIONS TO CORK
Number of originals required to be returned to Department: 1
"*Please Note" Department is responsible for returning contract to contractor. Clerk of the Board
returns completed Auditor's copy ONLY.
Requested Board Action:
Ordinance Required X Resolution Required Minute Order Required For Information Only
BUDGETARY IMPACT WORKSHEET
Current Year Estimated Cost/Fundinq Source Source of Additional Funds Requested
Estimated Cost $ Contingencies $
(Fund Name: )
(Fund Number: )
Amount Budgeted $ Unanticipated Revenue $
(Budget Unit Number: ) (Source: )
(Fund Name: ) (Rev. Code: )
(Fund Number: )
Other Transfer(s)
1. Complete worksheet below
2. Deadline is one business day prior
To normal agenda deadline
Additional Requested $ Total Source of Funds $
Annualized cost $ if also planned for next year.
Budget Transfer Authorized By Administrative Office
Board Action Required for B-Transfer? Yes No
Authorized Signature Date
BUDGET TRANSFER REQUEST WORKSHEET
Transfer Request:
AMOUNT LINE ITEM LINE ITEM
Transfer $ (No Cents) From To
Transfer $ (No Cents) From To
Transfer $ (No Cents) From To
Transfer $ (No Cents) From To
Butte County Department of Development Services O�UTTFo
TIM SNELLINGS,DIRECTOR I PETE CALARCO,ASSISTANT DIRECTOR
' 0 0
7 County Center Drive o 0
Oroville,CA 95965 0 _ - 0
(530)538-7601 Telephone 0 0
(530)538.7785 Facsimile cOUR
hftp://www.buffecounty.net/dds
February 13, 2007
Butte County Board of Supervisors
25 County Center Drive
Oroville, CA 95965
Subject: Zoning Code Amendment ZCA06-0003 (Butte County)
Amend Section 24-262 of County Code regarding wireless
telecommunication facilities consistent with the requirements of
Government Code Sections 65850.6 and 65964
Planning Commission Recommendation
Find the proposed Zoning Code Amendment to be exempt from the requirements of the
California Environmental Quality 'Act pursuant to Sections 15268 and 15301 of the
CEQA Guidelines
BACKGROUND:
This is a staff-initiated Zoning Code Amendment to Section 24-262 of the County Code
regarding wireless telecommunication facilities consistent- with the requirements of
Government Code Sections 65850.6 and 65964. These provisions of Government
Code were enacted through Senate Bill 1627, which became effective January 1, 2007
(see attached). The Planning Commission held a public hearing on this proposed
amendment on November 30, 2006 and recommended the Board of Supervisors
approve Zoning Code Amendment ZCA06-0003 as per the draft ordinance.
PROJECT DESCRIPTION:
The purpose of the amendment to Section 24-262, Wireless Communications Facilities,
is to comply with current State law and provide a ministerial permitting process to place
"collocation facilities" on, or immediately adjacent to a "wireless telecommunications
collocation facility," as those terms are defined in Senate Bill 1627. Currently, Section
24-262 requires approval of a use permit or minor use permit for collocation of wireless
communication facilities on existing installations. The changes in Government Code
require replacing this existing discretionary permitting process regulating proposed
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installations of collocation facilities on or immediately adjacent to a wireless
telecommunications collocation facility with a ministerial permitting process. The
proposed ordinance defines specified terms and sets forth required development and
performance standards that collocation facilities, as defined in Senate Bill 1627, are
required to satisfy.
GENERAL PLAN CONSISTENCY:
Policies in the Butte County General Plan relating to wireless communications facilities
are limited. However, the proposed ordinance is consistent with policies for 1.7 Orderly
Development including Policy 1.7.b. "Promote the full utilization of sites served by
existing public facilities." (LUE-28) No inconsistencies between the proposed ordinance
and General Plan have been identified.
ANALYSIS:
Government Code Section 65850.6 (a) now provides that "subsequent collocation
facilities" are "a permitted use not subject to a city or county discretionary permit' if the
"wireless telecommunications collocation facility" (i.e. existing facility) was subject to a
discretionary permit and an environmental impact report (EIR), negative declaration, or
mitigated negative declaration was adopted in compliance with the requirements of the
California Environmental Quality Act (CEQA). Under the new law, subsequent facilities
not subject to a previous discretionary permit and EIR, negative declaration, or
mitigated negative declaration under CEQA will be subject to a discretionary approval
and subject to specified requirements, including approval of an EIR, negative
declaration, or mitigated negative declaration under CEQA (Government Code Section
65850.6 (b)).
Virtually all existing wireless communication facilities in Butte County have been
approved through use permits or minor use permits with their attendant environmental
effects analyzed through an EIR, negative declaration, or mitigated negative
declaration. Since County adoption of Ordinance No. 3569 in December 1999, these
uses have been subject to Butte County Code Section 24-262. Facilities approved prior
to the effective date of Ordinance No. 3569 were generally considered a conditional use
of a communications or public service nature and were subject to use permit review.
Department of Development Services staff and the Office of the County Counsel have
worked cooperatively to prepare a recommended ordinance that both complies with the
requirements of the amended state law while preserving to the extent possible the local
development standards and discretion established in Ordinance 3569
With implementation of proposed Zoning Code Amendment ZCA 06-0002, the Planning
Commission would no longer consider use permits for the addition of antennas on
existing towers for wireless telecommunications facilities where a discretionary permit
and CEQA document (i.e. EIR, Mitigated Negative Declaration or Negative Declaration)
were previously approved. In the event a subsequent collocation facility was proposed
■ BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES■
■ February 13,2007 ■Zoning Ordinance Amendment-ZCA06-0003 ■ Page 2 of 3 ■
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on an existing facility not previously subject to discretionary review (e.g. a use permit)
and adoption of either an EIR, negative declaration, or mitigated negative declaration, a
use permit would be required.
Collocation of additional antennas on existing towers for wireless telecommunications
facilities would be approved administratively, subject to established criteria similar to
that applied through the current process.
ENVIRONMENTAL REVIEW:
This proposed Zoning Code Amendment ZCA 06-0003 qualifies as exempt from the
California Environmental Quality Act (CEQA) because it will enable the collocation of
telecommunication facilities on existing cell towers, an activity which has been typically
found to be categorically exempt from CEQA, pursuant Section 15301 of the CEQA
Guidelines (Existing Facilities).
More importantly, by specifying that subsequent collocation facilities located on
previously approved wireless communications facilities (subject to either an EIR,
negative declaration, or mitigated negative declaration under CEQA) are ministerial
actions, these facilities are exempt from CEQA pursuant to Section 15268 of the CEQA
Guidelines (Ministerial Projects). If the Zoning Code Amendment is approved, staff will
file the requisite Notice of Exemption with the Butte County Clerk.
If you have any questions, please do not hesitate to contact Planning Manager Chuck
Thistlethwaite at (530) 538-6572.
Sincerely,
eCalarco
Assistant Director
FOR: TIM SNELLINGS, DIRECTOR
Attachments:
A. Proposed Ordinance Amending Section 24-262 of Article V of Chapter 24 of the
Butte County Code
B. Planning Commission Agenda Report, Resolution Recommending Approval of
Zoning Code Amendment ZCA06-0003, and Minutes of November 30, 2006
C. Senate Bill 1627
■ BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES■
■ February 13,2007 ■Zoning Ordinance Amendment-ZCA06-0003 ■ Page 3 of 3 ■
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2 Ordinance No.
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4 AN ORDINANCE AMENDING SECTION 24-262 OF ARTICLE V OF CHAPTER 24 OF
5 THE BUTTE COUNTY CODE
6
7 The Board of Supervisors of the County of Butte ordains as follows:
8 Section 1. Article V, Section 24-262 of the Butte County Code is amended to read as follows:
9 24-262 Wireless communication facilities.
10 (a) Purpose and intent. The purpose of this section is to establish policies, procedures,
11 and standards applicable to the siting and installation of wireless communication
12 facilities as defined in subsection (b) below, in all zone districts. The goals of this
13 section are to:
14 (1) Encourage the location of new monopoles, towers and/or antennas in non-
15 residential areas and minimize the total number of antennas throughout the county;
16 (2) Encourage celeeatien collocation of facilities at appropriate new and existing new
17 monopoles, towers and/or antenna sites;
18 (3) Encourage wireless communication providers to locate new monopoles, towers
19 and/or antennas in areas where the adverse impact on residential neighborhoods,
20 agriculture, and air navigation is minimal;
21 (4) Require wireless communication providers to design and configure wireless
22 communication facilities in a way that minimizes adverse visual impacts;
23 (5) Protect the public's interest in the safe operation of emergency services which
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I include, but are not limited to, air ambulance, medical and emergency evacuation,
2 firefighting, law enforcement, search and rescue, vector control, and resource
3 management; and
4 (6) Allow reasonable opportunities for providers of wireless communication services
5 to provide such services to the community in a safe, effective, and efficient manner.
6 (b) Applicability. The provisions of this section shall apply to all communications
7 facilities for the transmission and/or reception of wireless radio, television, and other
8 telecommunication signals, including, but not limited to, commercial wireless
9 communications services (personal communication, cellular and paging) including,
10 without limitation, antennae, masts, poles, towers, structures, buildings, additions to
11 existing antennae, masts, poles, towers, structures, or buildings (the facilities). Such
12 facilities shall be subject to all the provisions as set forth below, unless otherwise
13 specified in this section, notwithstanding other existing zoning provisions and
14 regulations of the County of Butte.
15 (c) Exemptions. The following facilities are exempt from the requirements of this
16 section:
17 (1) Small business/residential/farm facilities. Two-way radio communications systems
18 operated only as an internal business communications system by owners/operators
19 and not made available to third parties, subject to the maximum height requirements
20 for the zone as set forth in subsection 24-262(f)(4), and in no event greater than fifty
21 (50) feet in height and privately operated noncommercial facilities attendant to a
22 residential, non-commercial use or uses, including, but not limited to, amateur radio
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a.
1 facilities of less than sixty-five (65) feet in height and noncommercial television
2 receive antennas, subject to the maximum height requirements for the zone, as set
3 forth in subsection 24-262(f)(4), and in no event greater than fifty (50) feet in height
4 and satellite dish (television receive only) antennas no greater than two (2) meters in
5 diameter which are used for non-commercial purposes by the residential user,
6 providing all such facilities are exempt from demonstrating radio-frequency emission
7 compliance from Federal Communications Commission (FCC) regulation pursuant to
8 FCC Office of Engineering Technology ("OET") Bulletin No. 65 entitled "Evaluating
9 Compliance with FCC Guidelines for Human Exposure to Radio Frequency
10 Electromagnetic Fields" (August 1997 or later revisions or successors thereto)
11 (hereinafter, "FCC OET 65"). This exemption does not apply to any facility not
12 categorically exempt from FCC regulation pursuant to FCC OET 65, nor does it apply
13 to facilities operated, leased to, or used by common carriers, or wireless
14 communications providers, or personal communications systems (PCS) providers, or
15 cellular communications providers or specialized mobile radio (SMR)
16 communications providers, nor does this exemption apply to television and/or radio
17 broadcast facilities.
18 (2) Government. Government owned communications facilities to be used primarily
19 to protect public, health, safety and welfare, all as determined by the planning division
20 of the department of development services.
21 (3) Facilities exempted under federal or state law. Any facility specifically exempted
22 under federal or state law.
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1 (4) Emergency facilities. Temporary facilities erected and operated for emergency
2 situations which are approved in writing in advance of installation by the director of
3 development services. Uses of such facilities must not exceed two (2) weeks, unless
4 an extension is granted in writing by the director of development services.
5 (5) Repair or replacement of a1awfully established existing facility, so long as the
6 - repair or replacement does not involve modifications to the facility which add height,
7 changes the appearance, in a visually or physically obtrusive manner, or increases its
8 effective radiated power.
9 (d) Permit requirements: All facilities are subject to the following land use permitting
10 requirements in specified zone districts, in addition to all applicable requirements of
11 this chapter.
12 PERMIT REQUIREMENTS'
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UTILITY POLE
NEW MOUNTED
ONE BUILDING ROOF CO-LOCATION TOWER ' (Includes
ISTRICT - FACADE MOUNTED FACILITIES4 OR POLE Antenna Farms
-5 TO A-10 MUP MUP BE(MUP) UP MUP
-15 TO A- MUP MUP BP (MUP) MUP MUP
160
AR TO AR- UP UP BP (UP) UP MUP
10
-SR P P P P P
R UP UP BP (UP) UP UP
R-1 TO FR- UP UP BP (UP) UP UP
10
R-20 TO MUP MUP BP (MUP) MUP MUP
R-160
1 TO R4 ,2 P P P P MUP
R-N1,2 P P P P MUP
rT-1 ° P P P P MUP
R TO P P P P MUP
4
SR5
R-P"2 P P P P MUP
S-H ° P P P P MUP
T-
MHP"2 P P P P MUP
UP UP BE(UP) UP UP
-TIT P P P P P
C-1 MUP MUP BP (MUP) MUP AP
C-2 MUP MUP BP (MUP) MUP AP
C-C MUP MUP BP (MUP) MUP AP
-C MUP MUP BP (MUP) MUP AP
-C MUP MUP BP (MUP) MUP AP
-1 MUP MUP BP (MUP) MUP AP
-1 MUP MUP BP (MUP) MUP AP
-2 MUP MUP BP (MUP) MUP AP
C-F MUP MUP BP (MUP) MUP AP
M-1 TO MUP MUP BP (MUP) MUP AP
M-160
PZ-160 MUP MUP BP (MUP) MUP AP
-Q MUP MUP BP (MUP) MUP AP
[RBP MUP MUP BP (MUP) MUP AP
-C MUP MUP BP (MUP) MUP AP
1 P-Prohibited
2 - AP-Administrative Permit
3 MUP-Minor Use Permit
4 UP-Use Permit
5 BP—Buildin Permit
6 1 Facilities are prohibited from locating in these zones or within one thousand(1,000)feet of these zones,or within one
7 thousand(1,000)feet of the property line of any parcel within any residential zone in any incorporated city in the County
8 of Butte or in any incorporated or unincorporated area of another county. The installation of and the permitting of
9 facilities in these areas is prohibited except when: 1)no feasible alternative site exists;and 2)a denial would constitute a
10 prohibition on the provision of the affected wireless communications service in violation of federal or state Law. The
11 burden of proof shall be on the applicant to establish both conditions.A use permit is required in these zones or within
12 one thousand(1,000)feet of these zones should both exceptions herein be met by the applicant.
13 2Utility pole mounted facilities may be located within R1 to R4,R-N,RT-1, SR to SR-5,R-P, S-H and MHP zones with
14 an approved minor use permit.
15 3Notwithstanding any other provision of the Butte County Code,whenever an applicant proposing a facility in any
16 prohibited area or of any prohibited height or configuration,such that this section imposes the burden of proof on such
17 applicant to show that: 1)no feasible alternative site exists;and 2)a denial would constitute a prohibition on the
18 provision of the affected wireless communications service in violation of federal or state Law;a hearing shall be held on
19 the above two(2)issues by before a Hearing Officer.All such hearings conducted shall be held
20 before a Hearing Officer desi ng ated pursuant to the protocol set forth in that document entitled the"Butte County
21 Administrative Hearing Officer Program." The Program is based upon an alphabetical rotation through attorneys
22 currently under contract throu the Program. At such hearing,the applicant shall have the burden of producing evidence
23 and the burden of proving the above two(2)conditions through competent evidence introduced into the record.The
24 beaFd he Hearing_Officer may allow others the same opportunity to present evidence at the hearing.The formal rules of
25 evidence shall not apply at such hearings.A presumption shall exist as to the lack of the two(2)conditions. The decision
26 of the Hearing Officer shall be sustained if it is supported by competent evidence contained in
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I the record.At the conclusion of the hearing, the Hearing Officer shall determine,based upon the
2 evidence in the record,whether the applicant has met the burden of proof,make findings based on the evidence
3 presented,and refer the applicant's proposal back to the planning commission for further proceedings on the applicant's
4 proposal consistent with the beams Hearing Officer's findings.
5 4Collocations are permitted in any listed zone upon securing a building permit pursuant to Government Code Sections
6 65850.6 and 65964. Pursuant to these Sections of the Government Code a Wireless Telecommunications Collocation
7 Facility,where subsequent collocation facility is a permitted use that was not subject to a city or county discretionary
8 permit, shall be subject to the county permit process shown in parenthesis on or after January 1,2007.
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10 (e) Application requirements. At a minimum each application for a facility permit
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j 11 shall include the following:
12 (1) All application materials generally contained in the submittal requirements for the
13 type of permit required. Incomplete applications shall not be accepted.
14 (2) Statement of justification.
15 a. Includes a description of the proposed facility, including the type of facility being
16 requested.
17 b. Height from natural grade to the top of proposed facility.
18 c. Support equipment proposed.
19 d. RFR/EMF and wattage output data including the number of channels.
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20 e. Horizontal and vertical location coordinates.
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21 (3) Proposed elevations of the structure and any accessory buildings, including
22 building height and other physical dimensions, drawn to graphic scale.
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23 (4) Visual impact assessment, photo montages, mock-ups as determined by the
24 director of development services or planning commission. The assessment shall
25 identify any proposed trimming of vegetation that will be required for the normal
26 operation of the facility. Stealth technology is encouraged.
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1 (5) A discussion of and supporting information regarding the alternative site selection
2 of at least a minimum of three (3) to four (4) other sites, if available, including
3 celeeafien collocation opportunities, and a statement as to why these alternative sites
4 and/or eeleeatien collocation opportunities were rejected.
5 (6) A complete service area map showing the entire wireless communications network
6 of the provider's twenty (20)miles in all directions from the proposed site for the time
7 period from the filing of the application to twelve (12) months from the filing of the
8 application, for the purpose of visually aiding cumulative environmental analysis,
9 with and without the proposed facility or facilities, showing all hand-off sites within
10 the above specified area.
11 (7) A graphic depiction of the search ring and all other technical criteria used in
12 determining the proposed facility location.
13 (8) Documentation which identifies failure characteristics of the facility structure or
14 tower and demonstrates that the site and setbacks are of adequate size to contain
15 falling debris.
.16 (9) Written evidence demonstrating that the selected facility structure or tower design
17 is as visually unobtrusive as possible, given technical and engineering considerations,
18 which indicate what type of facility is required to provide reasonably effective service
19 and also the best technology and/or construction available to maximally achieve
20 visual unobtrusiveness. The use of best available technology and/or construction to
21 maximally achieve visual unobtrusiveness is mandatory.
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1 (10) Applicants which operate common carrier facilities (specifically, but not limited
2 to cellular, PCS, SMR and paging service licensees of the FCC) shall provide written
3 evidence that the applicant has provided notice to' all FCC licensed wireless
4 communication service carriers operating within the County of Butte of the plans to
5 develop the site.
6 (11) Evidence of a valid, current operating license or construction permit from the
7 FCC or, if the applicant is not a wireless communications service provider, a user
8 operating agreement for each and every such provider to which the applicant intends
9 to rent space on the proposed facility.
10 (12) A report, signed by a qualified radio frequency engineer licensed by the FCC,
11 prepared pursuant to FCC OET 65, stating whether the maximum radio frequency
12 radiation/electromagnetic radiation (RF/EMF) to be emitted by the proposed facility,
13 taking into account all other facilities, both existing and known future facilities, at the
14 proposed site and adjacent properties, conforms to safety standards adopted by the
15 FCC, if applicable. The reports prepared for facilities shall conform to the reporting
16 requirements set by the county and FCC OET 65 human exposure standards. The
17 report shall also analyze the evidence provided in support of the proposed facility
18 location, height and radiated power, frequency, the number of channels, and all other
19 related data and present alternatives for the location, height and radiated power,
20 pursuant to the requirements of .this section. If the proposed facility exceeds FCC
21 OET 65 human exposure standards, applicant shall also provide additional
22 comprehensive technical and planning information regarding how the applicant shall
8
I protect all persons from such excessive exposure consistent with all federal and state
2 requirements, and any additional county requirements.
3 (13) Landscaping and painting plans for the completed project.
4 (14) Projects in agricultural zones (A-5 through A-160) shall, prior to submitting an
5 application for a proposed facility, submit a site plan of the proposed facility to the
6 Butte County Agricultural Commissioner for comment and send a notification letter
7 to all aerial agricultural applicators registered in the county informing them of the
8 proposed site location and tower height. No hearing on an application for a proposed
9 facility.in any agricultural zone will be scheduled, nor shall any administrative permit
10 for any such facility be issued without proof that the Butte County Agricultural
11 Commissioner and all aerial agricultural applicators registered in the county have
12 been notified, as specified herein.
13 (15) All applications for facilities that are proposed to be located within the
14 boundaries of any comprehensive airport land use plan or airport area of influence, as
15 adopted or designated from time to time by the Butte County Airport Land Use
16 Commission, shall be submitted to the department of development services, planning
17 division, and a copy submitted to the Butte County Airport Land Use Commission for
18 review regarding consistency with adopted comprehensive airport land use plans and
19 for recommendations addressing potential impacts to air navigation within the airport
20 area of influence.
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1 (16) The county may in its sole discretion retain an independent consultant to review
2 either individual elements of or the entire application and advise the county at the
3 applicant's sole expense.
4 (f) Development criteria for wireless communication facilities.
5 (1) Building facade mounted facilities are subject to the following criteria:
6 a. All portions of facilities projecting above the roof parapet or roof line shall be
7 screened or hidden from view.
8 b. The total of all facility panels shall not exceed the greater of ten (10) percent of the
9 square footage of the facade of the building or twenty-five (25) square feet per facade.
10 c. All equipment shelters, cabinets, or other structures utilized or built in connection
11 with the facility shall be located within the building being utilized for the facility, or
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12 on the ground outside of any setback area or required vehicle parking space, or on the
13 roof, if screened.
j 14 d. The lowest portion of all facilities shall be located a minimum of twenty (20) feet
15 above grade level.
16 e. No portion of the facility shall project out in any direction more than eighteen (18)
17 inches from the facade of the building.
18 f. Facilities shall be constructed or mounted and painted to blend with the
19 predominant architecture of the building and/or shall appear to be part of the building
20 to which the facility is attached.
21 (2) Roof mounted facilities are subject to the following criteria:
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1 a. All equipment shelters, cabinets, or structures utilized or built in connection with
2 the facilities shall be located within the building being utilized for the antenna, or on
3 the ground outside of any setback area or required vehicle parking space, or on the
4 roof, if visually screened.
5 b. Facilities.affixed to towers located on the roof of buildings shall be located as close
6 to the center of the roof as feasibly and aesthetically possible, and the height of the
7 tower shall not exceed twenty (20) feet above the roof top.
9 Additienal faeilifies attaehed below the topmest existing f4eility arfay,
either- e
10 same pole eF tower, or a r-eplaeement pole or- tewef: at the same height, may
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12 13 .
I All equipment '
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14 ,
or-
15 the-g etAside ef any setbaek afea or- r-equir-ed vehiele par-kang spaEe, or- en �
16 Feefi, if visually s e
17 b n dditi,.,.,i �.,,.;i ties- sha4l net extend out i er-izen, fly ftem the pole more than *moo
18 .
19 e. P.- witennas d pole shall be pain4ed to mateh the eeler- of the existing antennas
20 and pele ortow ,
21 , as deleffflified by the
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1 (4)New monopoles or towers are subject to the following criteria:
2 a. In addition to the notice requirements of section 24-25.25, new monopoles or
3 towers proposed in or within one thousand (1,000) feet of Agricultural Zones (A-5
4 through A-10), Residential Zones (AR through AR-10, A-SR, FR-1 through FR-10,
5 M-R, R-1 through R-4, R-N, RT-1 through RT-IA, SR through SR-5, R-P) or Special
6 Zones (MHP, S-H, U, A-Z) require written notice, in a manner approved by the
7 director of development services, to be given to owners of parcels located within a
8 minimum radius of one thousand (1,000) feet of the parcel on which the proposed
9 monopole or tower will be located.
10 b. Monopoles or towers in Agricultural Zones (A-5 through A-10), Residential Zones
11 (R-1 through R-4, R-N, RT-1 through RT-1A, SR through SR-5, R-P) or in a Special
12 Zone (Zones MHP, S-H, A-Z) shall not exceed thirty (30) feet in height. The
13 installation of and the permitting of facilities over thirty (30) feet in height is
14 prohibited except when: 1) no feasible alternative site exists; and, 2) a denial would
15 constitute a prohibition on the provision of the affected wireless communications
16 service in violation of federal or state law. The burden of proof shall be on the
17 applicant to establish both conditions.
18 (5) Facilities mounted on an existing utility pole or within an antenna farm are subject
19 to the administrative permit or minor use permit process, subject to the following
20 criteria: An antenna farm is a lawfully established, prior to the effective date of this
21 section, Wireless Communication Facility, which contains three (3) or more existing
22 towers or monopoles on a single parcel or (defined as a grouping of three (3) or more
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I lawfully established antenna towers or structures within a diameter of three hundred
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2 (300) feet from the center-most antenna tower or structure).
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3 a. The facility does not encroach into, under, over, or upon any public street in the
4 unincorporated area of the county in the absence of a valid encroachment permit from
5 the county.
6 b. The facility must meet or fall within current standards and regulations of the FAA,
7 the FCC, the County and any other agency of the federal or state government with the
8 authority to regulate such facilities.
9 c. The facility must meet all application requirements and applicable standards of this
10 Code.
11 (g) General standards.
12 (1) The minimum lot area for a facility shall be based on required setbacks.
13 (2) All facilities shall meet the following minimum setbacks.
14 a. In Agricultural Zones (A-15 through A-160) all new facilities shall be located on a
15 lot so that the distance from the base of the facility to the parcel or lot boundary is
16 equal to or ,greater than the height of the facility, except; 1) If located adjacent to an
17 existing structure such as a barn, rice dryer, or other existing facility such that the
18 facility will blend with the surrounding area, or; 2) If adjacent property owner(s)
19 consents in writing to a lessor distance, then the minimum setback distance required
20 by the zone applies.
13
I b. In all zones (except for Agricultural Zones A-15 through A-160) all new facilities
2 shall be located on a lot so that the distance from the base of the facility to the parcel
3 or lot boundary is equal to or greater than the height of the facility.
4 (3) All facilities shall be designed for the minimum functional height required. The
5 height of a facility shall be measured from the natural, undisturbed ground surface
6 below the center of the base of said monopole or tower to the top of the monopole or
7 tower itself or, if higher, the tip of the highest antenna or piece of equipment attached
8 thereto. The use of best available technology and/or construction to achieve maximal
9 visual unobtrusiveness is mandatory.
10 (4) The installation of any facility shall comply with all applicable building and
11 electrical codes. All facility operators shall submit certification from a registered
12 structural engineer to the building division, that all associated monopoles and towers
13 in excess of thirty (30) feet in height will withstand sustained winds as required by the
14 Uniform Building Code.
15 (5)No advertising or display is permitted on any facility.
16 (6) The placement of any antenna shall not adversely affect any on-site sewage
17 disposal system or its repair area without written approval from the division of
18 environmental health.
19 (7) The installation of a facility shall not violate any existing deed restrictions.
20 (8) All facilities shall have a twelve (12) foot wide all-weather access to a publicly
21 maintained road capable of supporting a forty thousand (40,000) pound fire apparatus
22 with fifteen(15) feet of vertical clearance.
14
1 (9) There shall be no outdoor vehicle or equipment storage except for emergency
I
2 purposes.
3 10 All facilities must fall within current standards and regulations of the FAA the
( ) g
4 FCC, and any other state and/or federal agency with the authority to regulate such
5 facilities. If such standards and regulations are changed, the property owner or
6 responsible party shall bring such facilities into compliance with such revised
7 standards and regulations within ninety (90) days of the effective date of such
8 standards and regulations, unless a more stringent compliance schedule is mandated
9 by the controlling agency.
10 (11) No facility or combination of facilities shall generate, at any time,
11 electromagnetic frequency radiation (EMF) or radio frequency radiation (RF) in
12 excess of the FCC adopted standards for human exposure, as amended over time.
13 (12) If it is found that facilities are or will be detrimental to the health, safety, or
14 welfare of persons working or residing near such facilities, then the service
15 provider(s) and property owner shall be jointly and solely responsible for the removal,
16 adjustment, or replacement of the facilities. In no case shall a facility remain in
17 operation if it is found to create a hazard to health, safety, and welfare. A facility shall
18 not be found to create a hazard to health, safety, or welfare as a result of EMF or RF
19 emissions from the facility so long as it meets all current standards established by the
20 FCC, pursuant to FCC QET 65. Prior to issuance of the building permit for the
21 installation of every facility, the applicant shall post a performance security in an
22 amount and form determined by the director of development services that is sufficient
15
I to cover the cost of a one-time test by a radio frequency consultant selected by the
2 county, sufficient to determine whether the facility's RF/EMF emissions comply with
3 FCC standards. If the Facility's emissions are determined to exceed FCC standards,
4 the applicant is required to pay for such other tests and other corrective measures as
5 are necessary to establish compliance with FCC OET 65 and its successors and such
6 noncompliance shall constitute sufficient grounds to'commence a permit revocation
7 hearing which may lead to permit revocation. The applicant shall cooperate in all
8 respects with the county's consultant to assist the consultant to reach his/her
9 conclusion.
r`
10 (13) All facilities that are not in continual use for a period of six (6) months shall be
11 considered abandoned. Abandoned facilities are hereby designated as unlawful and as
12 public nuisances, requiring no amortization period. Prior to issuance of the building
13 permit for the installation of every facility, the.applicant shall post a performance
14 security in an amount and form determined by the director of development services
15 that is sufficient to cover the cost of removal of the facility in the event that such
16 facility is abandoned, or if the permit has been terminated for violation of its
17 conditions by the county after hearing, or has.expired, and after notice has been given
18 to the owner/operator by the county, no application for renewal has been filed. If the
19 director of development services determines that the facility is abandoned, the
20 applicant may be required to remove all equipment belonging to the applicant from
21 the premises within thirty (30) calendar days of receipt of notice to abate. If such
16
1 facility is not removed within thirty (30) days, the county may remove the facility at
2 the applicant's and/or land owner's joint and several expense.
3 (14) Except for eeleealie collocation , no more than one facility may be placed
4 within one thousand (1,000) feet of any other existing facility(s), unless visual
5 impacts are negligible, or the applicant can demonstrate that the site is a technical
6 necessity to meet the demands of the geographic service area and the applicant's
7 network.
8 (15) All facilities are prohibited in areas of historical or aesthetic (parks, nature
9 preserves, officially designated open space that protects the scenic values of the area)
10 importance to the county, as determined by the appropriate hearing body. The
11 installation of and the permitting of facilities in areas of historical importance to the
12 county is prohibited except when: 1) no feasible alternative site exists; and, 2) a denial
13 would constitute a prohibition on the provision of the affected wireless
14 communications service in violation of federal or state law. The burden of proof shall
15 be on the applicant to establish both conditions, pursuant to the board of supervisors
16 hearing procure described herein. All applications for facilities shall be submitted for
17 comment to the Butte County Historical Society by the planning division.
18 (16) All ground level support facilities shall be painted and/or screened from view
19 with adequate landscaping appropriate to the surrounding environment. All aesthetic
I
20 treatments, including landscaping shall be maintained as approved for the life of the
21 facility.
17
I (17) If either the director of development services determines, in the case of an
2 administrative permit or a minor use permit, or the planning commission or board of
3 supervisors determines, in the case of a use permit, that a proposed facility is located
4 in an area where the purpose and intent of this section, as articulated herein, would
5 best be served by limiting the duration of a permit, permits may be limited to a
6 duration of five (5) years or conditioned upon the successful completion of a review
7 conducted after five (5) years, to determine whether the applicant is using the best
8 available technology to maximally insure visual unobtrusiveness. In such cases, the
9 renewal of a permit or its continuation may be conditioned upon the
10 applicant/permittee making certain modifications to the facility, such that best
I
11 available technology is employed to achieve visual unobtrusiveness.
12 (18) Facilities may not encroach into, under, over, above, or upon any public street in
13 the unincorporated area of the county in the absence of a valid encroachment permit
14 from the county.
15 (19) The owner/operator of each facility shall annually submit a written verification,
16 attested to under penalty of perjury, signed by both the owner/operator and an FCC
17 licensee in the employ of or retained by owner/operator, that the radio frequency
18 radiation/electromagnetic frequency (RF/EMF) emitted by a facility conforms to
19 safety standards set forth in FCC OET 65. The reports prepared for facilities shall
20 conform to reporting requirements set by the FCC and the county.
21 (20) Traffic resulting from the installation, operation, and maintenance of wireless
22 communications facilities, must be kept to a minimum.
18
1 (21) Applicants may be required to submit a development schedule if the director of
2 development services determines that nearby property owners may be inconvenienced
3 during construction.
4 (22)Facilities shall be secured at all times to prevent access by the public.
5 (23) Neither the applicant, nor any agent nor representative of the applicant shall
6 intentionally omit or misrepresent any material fact in connection with the
7 application. Any alleged material misrepresentation shall constitute grounds for the
8 director of development services to commence a revocation hearing, and, if proven to
9 exist, shall constitute sufficient grounds to revoke a permit.
10 (h) Agricultural Zones--Standards.
11 (1) In the Agricultural Zones (A-5 through A-160) either the director of development
i
12 services or the planning commission may require that facilities be painted from a
I
13 height of ten (10) feet above the ground, to the top of the facility with alternating
14 aviation orange and white stripes and have a flashing or steady burning light installed
15 on the top that is shielded from the ground to prevent visual impacts, unless the
I
16 applicant can demonstrate that such measures are not required to ensure compatibility
i
17 with established air navigation practices in the immediate area. All obstruction
18 lighting shall be visually inspected on a regular basis to ensure proper operation. Any
19 lighting failure or malfunction that affects a top light or flashing light regardless of its
20 position on the tower shall be reported immediately to the department of development
21 services and remedied in a timely manner.
19
I
1 (2) In Agricultural Zones (A-5 through A-160) facilities are encouraged to be located
2 to ensure compatibility with established and/or anticipated future air navigation
3 practices in the immediate area, as well as to minimize the disruption of agricultural
4 land, provided all other applicable site development standards are met.
5 (3) In Agricultural Zones (A-5 through A-10) all lighting on a facility, including
6 identification or warning lights required by the FAA or other public agency, shall be
7 oriented/shielded so as to not to directly illuminate any area on the ground within a
8 radius of five hundred (500) feet of the tower or monopole horizontally beyond the
9 facility site, providing that such orientation/shielding complies with FAA
10 requirements or other federal or state agency requirements.
11 (4) In Agricultural Zones (A-5 through A-10) all facilities must be aesthetically and
12 architecturally compatible with the surrounding environment. Residentially
13 compatible materials and veneers such as wood, brick, or stucco shall be used for
14 associated support buildings, which shall be designed to architecturally match the
15 exterior of residential structures in the area.
16 (i) Residential Zones--Standards.
17 (1) In Residential Zones (AR through AR-10, A-SR, FR-1 through FRA 0, M-R, R-1
18 through R-4, R-N, RT-1 through RT-1A, SR through SR-5, R-P) or in Special Zones
19 (MBP, S-H, U, A-Z) all lighting on a facility, including identification or warning
20 lights required by the FAA or other public agency, shall be oriented so as to not to
21 directly illuminate any area on the ground within a radius of five hundred (500) feet
22 of the tower or monopole horizontally beyond the facility site, providing that such
20
1 orientation/shielding complies with FAA or other federal or state agency
2 requirements.
3 (2) In Residential Zones (AR through AR-10, A-SR, FR-1 through FR-10, M-R, R-1
4 through R-4, R-N, RT-1 through RT-IA, SR through SR-5, R-P) or in Special Zones
5 (MHP, S-H, U, A-Z) all facilities must be aesthetically and architecturally compatible
6 with the surrounding environment. Residentially compatible materials and veneers
7 such as wood, brick, or stucco shall be used for associated support buildings, which
8 shall be designed to architecturally match the exterior of residential structures in the
9 area.
10 (3) In Residential Zones (AR through AR-10, A-SR, FR-1 through FR-10, M-R, R-1
11 through R-4, R-N, RT-1 through RT-IA, SR through SR-5, R-P) or in Special Zones
12 (MHP, S-H, U, A-Z) only one (1) monopole or tower is permitted per parcel. Multiple
13 facilities may be placed on the single monopole or tower to facilitate eeleeafien
14 collocation in zones where permitted.
15 0) Commercial and Industrial Zones--Standards.
16 (1) In Commercial Zones (C-1, C-2, C-C, H-C, N-C), or in Industrial Zones (L-1, M-
17 1, M-2) all facilities located within an existing office or business park shall be
18 constructed
19 to be architecturally compatible with existing nearby structures or architectural styles
20 including color schemes, textures and ornamentation.
21 (k) Collocation Facilities—Protocol and Standards.
21
I (A) Notwithstanding any other provision in,this Section 24-262, except
2 Subparagraph (d) (Permit requirements), a "Collocation Facility," as defined herein,
3 shall be permitted, subject to the issuance of a building_permit, if it satisfies the
4 following requirements:
5 (1) The existing Wireless Telecommunications Collocation Facility
6 which the Collocation Facility is proposed on or Immediately Adjacent To was
7 subject to a discretionary_permit and an environmental impact report was certified, or
8 a negative declaration or mitigated negative declaration was adopted for the Wireless
9 Telecommunications Collocation Facility in compliance with the California
10 Environmental Quality Act (Division 13 (commencing with Section 21000) of the
11 Public Resources Code), the requirements of Section 21166 do not apply, and the
12 collocation facility incorporates ' required mitigation measures specified in that
13 environmental impact report, negative declaration, or mitigated negative declaration.
14 (2) The Collocation Facility is consistent with all requirements,
15 including but not limited to Use Permit conditions, applicable to the existing Wireless
J
16 Telecommunications Collocation Facility for which the Collocation Facility is
17 proposed on, or Immediately Adjacent To.
18 (3) The Collocation Facility shall be subject to all of the development
19 and performance standards set forth in Subdivision(E) of this Subparagraph W.
20 (B) If a Collocation Facility is proposed on, or Immediately Adjacent To an
21 existing Wireless Telecommunications Collocation Facility which has not been
22 subject to a Count discretionary permit, as set forth in subdivision (A) of this
22
I Subparagraph (k), the Wireless Telecommunications Collocation Facility shall be
2 subject to a Minor Use Permit or a Use Permit, as set forth in Subparagraph (d)
3 (Permit requirements), issued on or after January 1, 2007, and shall comply with all of
4 the following:
5 (1) The California Environmental Quality Act (Division 13
6 (commencing with Section 21000) of the Public Resources Code) through
7 certification of an environmental impact report, or adoption of a negative declaration
8 or mitigated negative declaration.
9 (2) Applicable State and County requirements, including the Butte
10 County General Plan, any applicable community plan or specific plan, and the zoning
11 ordinance.
12 (3) County requirements for a Wireless Telecommunications
13 Collocation Facility that specifies types of wireless telecommunications facilities that
14 are allowed to include a Collocation Facility, or types of wireless telecommunications
15 facilities that are allowed to include certain types of Collocation Facilities; height,
16 location, bulk, and size of the Wireless Telecommunications Collocation Facility;
17 percentage of the Wireless Telecommunications Collocation Facility that may be
18 occupied by Collocation Facilities; and aesthetic or design requirements for the
19 Wireless Telecommunications Collocation Facility, including but not limited to
20 applicable requirements of this Section 24-262.
21 (4) County requirements for a proposed Collocation Facility, including
22 any types of Collocation Facilities that may be allowed on a Wireless
23
I Telecommunications Collocation Facility; height, location, bulk, and size of allowed
2 Collocation Facilities; and aesthetic or design requirements for a Collocation Facility.
3 (C) The County shall hold at least one public hearing on the discretionary
4 permit required pursuant to subdivision (B) above, and notice shall bei� ven pursuant
5 to Section 65091, unless otherwise required by the zoning,ordinance.
6 (D) For purposes of this Subparagraph (k), the following definitions apply_
7 (1) "Collocation Facility" means the placement or installation of
8 wireless facilities, including antennas, and related equipment, on, or Immediately
9 Adjacent To, a Wireless Telecommunications Collocation Facility. However,
10 "Collocation Facility" shall not include the placement or installation of any facilities
i
11 on a Wireless Telecommunications Collocation Facility which would add height to a
12 Wireless Telecommunications Facility, the placement or installation of any
13 monopole or tower Immediately Adjacent To a Wireless Telecommunications
I
14 Collocation Facility, or the placement or installation of any facilities on a Wireless
15 Telecommunications Collocation Facility in a zone in which such a facilily is
16 prohibited by this Section 24-262.
17 (2) "Wireless Telecommunications Facility" means equipment and
I
18 network components such as towers, utility poles, transmitters, base stations, and
I .
19 emergency power systems that are integral 1 to providing wireless telecommunications
I
20 services.
21 (3) "Wireless Telecommunications Collocation Facility" means a
22 Wireless Telecommunications Facility that includes Collocation Facilities.
i
24
I
i
I
1 (4) "Immediately Adjacent To" means within the portion of the parcel
2 upon which the Wireless Telecommunications Collocation Facility is located which is
3 subject to a lease, license, easement, use permit, or similar right held by a telephone
4 corporation as defined in Section 234 of the Public Utilities Code, exclusively for the
5 placement and operation of said Wireless Telecommunications Collocation Facility .
6 (E) Development and performance standards for Collocation Facilities
7 permitted subject to the issuance of a building permit:
8 1. Submit a Hazardous Materials Release Response Plan to Butte
9 County Environmental Health, as required by Chapter 6.95 of the California Health &
10 Safety Code, unless exempt, as determined by Butte County Environmental Health.
11 2. The installation of the Collocation Facility shall comply
12 all applicable building and electrical codes, as determined by the Building Division.
13 The Collocation Facility operator shall submit certification from a registered
14 structural engineer to the Building Division that all associated Wireless
15 Telecommunications Facilities in excess of thirty (30) feet in height are capable of
16 withstanding sustained winds, as required by the California Building Standards Code.
17 3. Prior to installation of the Collocation Facility, provide a
18 twelve 12) foot wide all-weather access to a publicly maintained road capable of
19 supporting a forty thousand (40,000) pound fire apparatus with fifteen (15) feet of
20 vertical clearance.
21 4. No advertising or other display shall be permitted on the
22 Collocation Facility. ,
25
1 5. The placement of the Collocation Facility shall not adversely
2 affect any on-site sewage disposal system or its repair area, without written approval
3 from the Division of Environmental Health.
4 6. The installation of the Collocation Facility shall not violate any
5 existing deed restrictions.
6 7. There shall be no outdoor vehicle or equipment storage, except
7 for emergency purposes.
8 8. The Collocation Facility shall fall within current standards and
9 . regulations of the FAA, the FCC, and any other State and/or Federal agency with the
10 authority to regulate said Facility. If said standards and regulations are amended, the
11 property owner or responsible party shall bring the Collocation Facility into
12 compliance with said revised standards and regulations within ninety (90) days of the
13 effective date of the amendment to said standards and regulations, unless a more
14 stringent compliance schedule is required by any affected agency, and if a more
15 stringent compliance schedule is required by any affected agency, then the
16 Collocation Facility shall be brought into compliance with said revised standards and
17 regulations within the required compliance schedule.
18 9. Neither the Collocation Facility, nor the entire Wireless
19 Telecommunications Facility on the site shall generate, at any time, electromagnetic
20 frequency radiation (EMF) or radio frequency radiation (RF) in excess of the FCC
21 adopted standards for human exposure, as amended over time.
26
1 10. If it is found that the Collocation Facility is or will be
2 detrimental to the health, safety, or welfare of persons working or residing near said
3 Collocation Facility , then the service provider(s) and property owner shall be jointly
4 and solely responsible for the removal, adjustment, or replacement of the Collocation
5 Facility. In no case shall the said Collocation Facility remain in operation if it is
6 found to create a hazard to health, safety, and/or welfare. The said Collocation
7 Facility shall not be found to create a hazard to health, safety, or welfare as a result of
8 EMF or RF emissions from said Collocation Facility, so long as it meets all current
9 standards established by the FCC, pursuant to FCC OET 65.
10 11. Prior to issuance of the building permit required by this
11 Subparagrah(k), the applicant shall post a performance security in an amount and
12 form determined by the Director of Development Services that is sufficient to cover
13 the cost of a one-time test by a radio frequency consultant selected by the County,
14 sufficient to determine whether the Facility's RF/EMF emissions comply with FCC
15 standards. If the Facility's emissions are determined to exceed FCC standards, the
16 applicant is required to pay for such other tests and other corrective measures as are
17 necessary to establish compliance with FCC OET 65 and its successors, and such
18 noncompliance shall constitute sufficient grounds to commence a public nuisance
19 abatement hearing, which may lead to abatement of the Collocation Facility. The
20 applicant shall cooperate in all respects with the County's consultant to assist the
21 consultant to reach his/her conclusion.
'27
i
1 12. Prior to issuance of a permit required by this Subparagraph (k),
2 the applicant shall post a performance security in an amount and form determined by
3 the Director of Development Services that is sufficient to cover the cost of removal of
4 the Facility. All Facilities that are not in continual use for a period of six (6) months
5 shall be considered abandoned. Abandoned Facilities are hereby designated as
6 unlawful and as public nuisances, requiring no amortization period, and shall
7 constitute sufficient grounds to commence a public nuisance abatement hearing,
8 which may lead to abatement of the Collocation Facility.
9 13. The Facility may not encroach into, under, over, above, or upon
10 any public street in the unincorporated area of the County in the absence of a valid
11 encroachment permit from the County.
12 14. The owner/operator of the Collocation Facility shall annually
13 submit a written verification, attested to under penalty of perjury, signed by both the
14 owner/operator and an FCC licensee in the employ of or retained by the
15 owner/operator, that the radio frequency radiation/electromagnetic frequency
16 (RF/EMF) emitted by the facility conforms to safety standards set forth in FCC OET
17 65. The reports prepared for the Collocation Facility shall conform to reporting
18 requirements set by the FCC and the County. The reports shall be submitted to the
19 Planning Division no later than January 31 of each year.
20 15. The Collocation Facility shall be secured at all times to prevent
21 access by the public.
28
1 16. Any relocation or rearrangement of any existing_public utility
2 facilities in the area to accommodate this project shall be at the expense of the
3 developer.
4 17. There shall be no building of structures, or the storage of
5 materials allowed over or under any existing_public utility facilities, or inside any
6 easements that exist which would infringe on public utility easement rights.
7 18. The installation of Collocation Facilities allowed by this
8 Subparagraph(k) requires the issuance of a building_permit from the Building
9 Division. The Building Division, based upon engineered calculations submitted by
10 the applicant, may determine that the Wireless Telecommunications Facility cannot
11 safely physically support the requested Collocation Facility. If this is the case, the
12 Collocation Facility allowed on the Wireless Telecommunications Facility shall only
13 be commensurate with what can be safely physically supported by the Wireless
14 Telecommunications Facility, as determined by the Building Division.
15 19. All equipment shelters, cabinets, or structures utilized or built
16 in connection with the facilities shall be located within the building being utilized for
17 the facility, or on the ground outside of any setback area or required vehicle parking
18 space, or on the roof, if visually screened.
19 20. Additional facilities'shall not extend out horizontally from the
20 pole more than the widest existing- projection. The use of proximily designs
21 encouraged.
29
it
1 21. The antennas and pole shall be painted to match the color of the
2 existing_antennas and pole or tower, and shall be painted and constructed to blend
3 with the prevalent architecture and natural features existing on the subject site, as
4 determined by the director of development services.
5 Section 2. Severability. If any provision of this Ordinance or the application thereof to any person
6 or circumstances is for any reason held to be invalid by a court of competent jurisdiction, such
7 provision shall be deemed severable, and the invalidity thereof shall not affect the remaining
8 provisions or other applications of the Ordinance which can be given effect without the invalid
9 provision or application thereof.
10 Section 3. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after the
11 date of its passage. The Clerk of the Board of Supervisors is authorized and directed to publish this
12 ordinance before the expiration of fifteen (15) days after its passage. This Ordinance shall be
13 published once, with the names of the members of the Board of Supervisors voting for and against it,
i
14 in the , a newspaper of general circulation published in the County of Butte, State
15 of California.
16 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
17 California, on the day of , 2007, by the following vote:
18 AYES:
19 NOES:
20 ABSENT:
21 NOT VOTING:
30
1
2 Jane Dolan, Chair of the
3 Butte County Board of Supervisors
4
5 ATTEST:
6 PAUL McINTOSH,
7 Chief Administrative Officer
8 and Clerk of the Board
9
10 By
11
12 24 Wireless Communications Facilities Amendment(2)1-07.wpd
31
• •
BUTTE COUNTY PLANNING COMMISSION
AGENDA REPORT—NOVEMEBER 30,2006
Applicant: County of Butte Location: County-wide
File#: ZCA06-0003 Parcel Size: N/A
I
Request: A proposal to amend Section Supervisor 1-5
24-262 of Butte County Code Districts:.
to provide for a ministerial
permitting process in.the
County to replace the existing
discretionary permitting
process regulating proposed
installations of"collocation
facilities" on, or immediately "
adjacent to a"wireless
telecommunications
collocation facility," consistent
j with Government Code
Sections 65850.6 and 65964
G.P.: Various Planner: Charles S. Thistlethwaite
AICP Planning Manager
Zoning: 'Various Attachments:
A: Resolution recommending
approval
r
B: Draft Ordinance
j C: Senate Bill 1627
I
i
EXECUTIVE SUMMARY:
This is a staff-initiated Zoning Code Amendment to Section 24-262 of the County Code
regarding wireless telecommunication facilities consistent with the requirements of Government
j Code Sections 65850.6 and 65964. These provisions of Government Code were enacted through
Senate Bill 1627, which becomes effective January 1, 2007. Staff recommends that the Planning
Commission adopt the attached resolution recommending approval of Zoning Code Amendment
06-0002 as per the draft ordinance.
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
.November 30,2006 ■ Zoning Ordinance Amendment-ZCA 06-0003 ■Page I of 5 ■
• •
PROJECT DESCRIPTION:
The purpose of the proposal to amend Section 24-262, Wireless Communications Facilities, is to
provide a ministerial permitting process to replace "collocation facilities" on, or immediately
adjacent to a "wireless telecommunications collocation facility," as those terms are defined in
Senate Bill 1627 (see attached). Currently, Section 24-262 requires approval of a use permit or
minor use permit for collocation of wireless communication facilities on existing installations. It
is necessary to replace this existing discretionary permitting process regulating proposed
installations of collocation facilities on or immediately adjacent to a wireless
telecommunications collocation facility with a ministerial permitting process. The change is
required to comply with new requirements of Government Code Sections 65850.6 and 65964 set
forth in Senate Bill 1627, which was recently signed into law and will become effective January
1, 2007. The proposed ordinance defines specified terms and sets forth required development
and performance standards that collocation facilities, as defined in Senate Bill 1627, are required
to satisfy.
GENERAL PLAN ANALYSIS:
Policies in the Butte County General Plan relating to wireless communications facilities are
limited. However, the proposed ordinance is consistent with policies for 1.7 Orderly
Development including Policy 1.7.b. "Promote the full utilization of sites served by existing
public facilities." (LUE-28) No inconsistencies between the proposed ordinance and General
Plan have been identified.
PROJECT ANALYSIS:
It is important to note that Government Code Section 65850.6 (a) provides that "subsequent
collocation facilities" are "a permitted use not subject to a city or county discretionary permit" if
the "wireless telecommunications collocation facility" (i.e. existing facility) was subject to a
discretionary permit and an environmental impact report (EIR), negative declaration, or
mitigated negative declaration was adopted in compliance with the requirements of the
California Environmental Quality Act (CEQA). Under the new law, subsequent facilities not
subject to a previous discretionary permit and EIR, negative declaration, or mitigated negative
declaration under CEQA will be subject to a discretionary approval and subject to specified
requirements, including approval of an EIR, negative declaration, or mitigated negative
declaration under CEQA (Government Code Section 65850.6 (b)).
Virtually all existing wireless communication facilities in Butte County have been approved
through use permits or minor use permits with their attendant environmental effects analyzed
through an EIR, negative declaration, or mitigated negative declaration. Since County adoption
of Ordinance No. 3569 in December 1999, these uses have been subject to Butte County Code
Section 24-262. Facilities approved prior to the effective date of Ordinance No. 3569 were
generally subject to use permit review as a use of a communications and public service nature.
With implementation of proposed Zoning Code Amendment ZCA 06-0003, the Planning
Commission would not be responsible for approving, conditionally approving, or denying future
use permit applications for the addition of antennas on existing towers for wireless
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■November 30,2006 ■ Zoning Ordinance Amendment-ZCA 06-0003 ■ Page 2 of 5 ■
I
telecommunications facilities. In the event a subsequent collocation facility was proposed on an
existing facility not previously subject to discretionary review (e.g. a use permit) and adoption of
either an EIR, negative declaration, or mitigated negative declaration, a use permit would be
required.
Collocation of additional antennas on existing towers for wireless telecommunications facilities
would be approved administratively, subject to established criteria similar to that applied through
the current process.
ENVIRONMENTAL REVIEW:
This proposed Zoning Code Amendment ZCA 06-0003 qualifies as exempt from the California
Environmental Quality Act (CEQA) because it will enable the collocation of telecommunication
facilities on existing cell towers, an activity which has been typically found to be categorically
exempt from CEQA, pursuant Section 15301 of the CEQA Guidelines (Existing Facilities).
More importantly, by specifying that subsequent collocation facilities located on previously
approved wireless communications facilities (subject to either an EIR, negative declaration, or
mitigated negative declaration under CEQA) are ministerial actions, these facilities are exempt
from CEQA pursuant to Section.15268 of the CEQA Guidelines (Ministerial Projects).
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■November 30,2006 ■Zoning Ordinance Amendment-ZCA 06-0003 ■ Page 3 of 5 ■
ATTACHMENT A
RESOLUTION -
A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION
RECOMMENDING APPROVAL OF ZONING CODE AMENDMENT 06-0003 TO
CONFORM SECTION 24-262 OF BUTTE COUNTY CODE WITH THE
REQUIREMENTS OF SECTIONS 65850.6 AND 65964 OF THE CALIFORNIA
GOVERNMENT CODE
WHEREAS, the Planning Commission has considered Zoning Code Amendment (ZCA)
06-0003 for the Department of Development Services in accordance with Chapter 24, Zoning, of
the Butte County Code, to allow the collocation of telecommunications collocation facilities on,
or immediately adjacent to a wireless telecommunications collocation facility with a ministerial
permitting process, in order to comply with requirements set forth Sections 65850.6 and 65964
of the California Government Code; and
WHEREAS, the Planning Commission finds the project to be exempt from the California
Environmental Quality Act under Sections 15268 and 15301 of the California Environmental
Quality Act Guidelines; and
WHEREAS, a duly noticed public hearing was held on November 30, 2006; and
WHEREAS, the Planning Commission has considered public comments and a report
from the Planning Division:
NOW THEREFORE, BE IT RESOLVED, that the Planning Commission:
I. Recommends that the Board of Supervisors find the project exempt from the California
Environmental Quality Act under Sections 15268 and 15301 of the California
Environmental Quality Act Guidelines.
II. Recommends that the Board of Supervisors approve Zoning Code Amendment ZCA 06-
0003 to allow the collocation of telecommunications collocation facilities on, or
immediately adjacent to a wireless telecommunications collocation facility with a
ministerial permitting process, in order to comply with requirements set forth in
Government Code Sections 65850.6 and 65964, subject to the following finding:
A. The proposed Zoning Code Amendment is consistent with the Butte County
General Plan, including Policy 1.7.b. to promote the full utilization of sites served
by existing public facilities.
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■November 30,2006 ■Zoning Ordinance Amendment-ZCA 06-0003 ■ Page 4 of 5 ■
0 0
DULY PASSED AND ADOPTED this 30th day of November, 2006, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chuck Nelson- Chairman
Planning Commission
County of Butte, State of California
ATTEST:
LYNN RICHARDSON, Secretary
Planning Commission
County of Butte, State of California
■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT■
■November 30,2006 ■Zoning Ordinance Amendment-ZCA 06-0003 ■ Page 5 of 5 ■
PLANNING COMMISSION ACTION REPORT
APPLICANT: Butte County Department of Development Services
OWNER: Various
FILE #: ZCA06-0003
REQUEST: Zoning Code Amendment to Butte County Code section 24-262, which regulates
wireless communications facilities. The purpose of the proposal to amend section
24-262,is to provide for a ministerial permitting process in the County,which would
replace the existing discretionary permitting process regulating proposed installations
of "collocation facilities" on, or immediately adjacent to a "wireless
telecommunications collocation facility,"as that term is defined in Senate Bill 1627.
It is necessary to replace the existing discretionary permitting process regulating
proposed installations of collocation facilities on, or immediately adjacent to a
wireless telecommunications collocation facility with a ministerial permitting
process, in order to comply with requirements set forth in Senate Bill 1627, which
was recently enacted by the State Legislature and signed into law by Governor
Arnold Schwarzenegger, and which will become effective January 1, 2007. The
proposed ordinance would define specified terms and set forth required standards,
both development standards and performance standards, with which collocation
facilities, as defined in Senate Bill 1627, would be required to comply.
LOCATION: County-wide
PLANNING COMMISSION ACTION AND SUPPORTING FINDINGS:
A. -RESOLUTION NO. PC 06-70
A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION
RECOMMENDING APPROVAL OF ZONING CODE AMENDMENT 06.0002 TO
CONFORM SECTION 24-262 OF BUTTE COUNTY CODE WITH THE REQUIREMENTS
OF SECTIONS 65850.6 AND 65964 OF THE CALIFORNIA GOVERNMENT CODE
WHEREAS, the Planning Commission has considered Zoning Code Amendment(ZCA)06-
0002 for the Department of Development Services in accordance with Chapter 24, Zoning, of the
Butte County Code, to allow the collocation of telecommunications collocation facilities on, or
immediately adjacent to a wireless telecommunications collocation facility with a ministerial permitting
process, in order to comply with requirements set forth Sections 65850.6 and 65964 of the California
Government Code; and
WHEREAS, the Planning Commission finds the project to be exempt from the California
i
i
Environmental Quality Act under Sections 15268 and 15301 of the California Environmental Quality
Act Guidelines; and
WHEREAS, a duly noticed public hearing was held on November 30, 2006; and
WHEREAS,the Planning Commission has considered public comments and a report from the
Planning Division:
NOW THEREFORE, BE IT RESOLVED, that the Planning Commission:
jI. Recommends that the Board of Supervisors find the project exempt from the California
Environmental Quality Act under Sections 15268 and 15301 of the California Environmental
Quality Act Guidelines.
II. Recommends that the Board of Supervisors approve Zoning Code Amendment ZCA 06.0002
to allow the collocation of telecommunications collocation facilities on, or immediately
adjacent to a wireless telecommunications collocation facility with a ministerial permitting
process, in order to comply with requirements set forth in Government Code Sections
65850.6 and 65964, subject to the following finding:
A. The proposed Zoning Code Amendment is consistent with the Butte County General
Plan, including Policy 1.7.b. to promote the full utilization of sites served by existing
public facilities.
DULY PASSED AND ADOPTED this 30`h day of November, 2006, by the following vote:
AYES: Commissioners Marin, Leland, Lambert, Wilson, and Chairman Nelson
NOES: No one
ABSENT: No one
ABSTAIN: No one
VOTE: 5-0
AYES: Commissioners Marin, Leland, Lambert, Wilson, and Chairman Nelson
NOES: No one
ABSENT: No one
ABSTAINED: No one
DATE OF LASTHEARING WITH THE PLANNING COMMISSION: November 30, 2006
1 Commissioner Leland stated that the Civil Code section would address that and that everybody who
2 uses an easement has to pay a pro-rata share according to use.
3
4 Tom Wrinkle addressed the Commission. He stated that Condition#1 would cover the dust along
5 York Road,the condition reads"Dust generated by the development activities ......"and that would
. 6 include activities that would involve traveling along York Road and any future development on Lot
7 2. Mr-.Nelson has agreed to assist with dust control and that this is a normal condition that is a part
8 of almost every parcel map and subdivision.
9
10 It was moved by Commissioner Marin,seconded by Commissioner Wilson,and unanimously carried
11 to adopt Resolution PC 06-69 to approve the Tentative Parcel Map for Gerald Nelson subject to the
12 findings and conditions with the following changes: in Conditions #12 and'#13 change `Oroville
13 Municipal Airport' to `Paradise Skypark Airport' and changing Mitigation Measure #3 to read:
14 "Place a note on a separate document which is to be recorded concurrently with the map or on an
15 additional map sheet that states: Prior to any development activity or the issuance of any permit or
16 approval removing or encroaching upon oak trees on the project site (this generally includes the
17 canopy drip-line of trees within the area of ground disturbance and trees subject to changes in
18 hydrologic regime) an Oak Tree Mitigation Plan prepared by a certified arborist, registered
19 professional forester,botanist or landscape architect shall be submitted for review and approval by
20 the Director of Development Services or his/her designee."
21
22 * * * * * *
23
24 H. ZCA06-0003 - staff recommends approval
25
26 Name: Butte County Department of Development Services Project: Zoning
27 Code Amendment
28 Planner: Dan Breedon Location: County-wide File#: ZCA06-0003
29 Proposal: Zoning Code Amendment to Butte County Code section 24-262,which
30 regulates wireless communications facilities. The purpose of the proposal to amend
31 section 24-262, is to provide for a ministerial permitting process in the County,
32 which would replace the existing discretionary permitting process regulating
33 proposed installations of"collocation facilities" on, or immediately adjacent to a
34 "wireless telecommunications collocation facility,"as that term is defined in Senate
35 Bill 1627. It is necessary to replace the existing discretionary permitting process
36 regulating proposed installations of collocation facilities on,or immediately adjacent
37 to a wireless telecommunications collocation facility with a ministerial permitting
38 process, in order to comply with requirements set forth in Senate Bill 1627, which
39 was recently enacted by the State Legislature and signed into law by Governor
40 Arnold Schwarzenegger, and which will become effective January 1, 2007. The
41 proposed ordinance would define specified terms and set forth required standards,
42 both development standards and performance standards, with which collocation
43 facilities, as defined in Senate Bill 1627,would be required to comply.
44
45 Chuck Thistlethwaite gave a summary and description of the proposal to amend Section 24-262 of
46 Butte County Code regarding wireless telecommunication facilities.
47
BUTTE COUNTY PLANNING COMMISSION s MINUTES,NOVEMBER 30,2006®PAGE 24 m
1 was put in place originally because kids were parrying down there at the end of York Road and
2 leaving their beer cans and other debris lying around. Mr. Nelson also indicated that he had no
3 objection to being apart of the RMA but that he has always tried to participate whenever someone
4 had asked him about maintaining York Road. He stated that he did not believe he was more
5 responsible for the condition of the road, but he would be amenable to paying a fair portion of the
6 costs involved in the rebuilding of the road.
7
8 The hearing was closed and comments were confined to the Commission and staff.
9
10 Commissioner Wilson asked if Mitigation Measure#1 would take care of the dust problem during
11 construction.
12
13 Mr.Michelena stated that any further development on the subject property or resulting parcels would
14 be required to follow the dust mitigation measure.
15
16 Chairman Nelson addressed Mr. Nelson and asked him if he had,anything further to say.
17
18 Mr.Nelson addressed the Commission,and said that he is just about done with the construction of
19 his residence and that if he had known there was a mitigation measure for the dust then he would
20 have followed it.
21
22 Mr.Michelena informed him that the proposed mitigation measures would not have been applicable
23 to the construction of his residence and would apply to future construction after the parcel map has
! l been recorded.
25
26 Commissioner Lambert asked for clarification if Mitigation Measure#1 would apply only on site and
27 not to the roads.
28
29 Mr.Michelena responded that Commissioner Lambert was correct it would be applicable only to the
30 construction site.
31
32 Commissioner Lambert stated that if the construction equipment was traveling down the road
33 creating dust then they would not have to abide by Mitigation Measure#1 and would not have to
34 sprinkle the road.
35
36 Chairman Nelson commented that Mitigation Measure#14 reads: `Prior to or concurrently with the
37 recordation of the Parcel Map, provide a fully executed road maintenance agreement for all non-
38 publicly access roads on the County approved form.A note shall be placed on a separate document
39 which is to be recorded concurrently with the map or on an additional map sheet of the Parcel Map
40 stating;"In accordance with Civil Code Section 845,maintenance of the road as shown heron shall
41 be shared by those properties with a legal interest in it."
42
43 Commissioner Lambert stated that the Nelsons were not sharing property with legal interest unless
44 the road qualifies as the shared property.York Road leads up to the subject parcel and then you have
45 the mitigation measures that would apply to the new road and resulting parcels, and traveling on
i York Road is what the rest of the neighbors are concerned with.
e BUTTE COUNTY PLANNING COMMISSION e MINUTES,NOVEMBER 30.2006®PAGE 23 e
• •
1 Chairman Nelson reiterated that the process for new poles would stay the same and would be heard
2 by the Planning Commission,and that co-location on existing poles would have the same statute and
3 standards but they would become ministerial permits and not be heard by the Commission.
4
5 Mr. Thistlethwaite indicated that Chairman Nelson was correct.
6
7 Rob MacKenzie addressed the Commission. He stated that the legislation is difficult to read and
8 there are a number of places where it is vague. The goal of the ordinance is to take the two major
9 categories in the new legislation and flip them around;the interpretation of the legislation means that
10 if there are facilities in the County that have already been authorized pursuant to a discretionary
11 permit by the Planning Commission and gone through the CEQA process then any collocations that
12 are added to those facilities have to be processed through ministerial permit process with a one size
13 fits all set of requirements. If a collocation is proposed on a facility that has not gone through a
14 discretionary permit process then that whole facility would be opened up to a discretionary permit
15 process to be heard by the Planning Commission. The legislation is vague on the definition of a
16 collocation facility, and he felt that a specific definition was needed to prevent somebody from
17 bootlegging in an antennae farm.The facilities are exempt from both the Subdivision Map Act and
18 the Subdivision Ordinance; and what was provided on the proposed Ordinance was, that
19 `immediately adjacent' would be defined as: `on a small piece of ground that is exempt from the
20 Subdivision Map Act." The accepted spelling of collocate would include two 1's,which matches the
21 spelling in the new legislation. Another change would be if a company stated that we were
22 precluding them from providing service which is one of the things that we cannot do, instead of
23 having a hearing by the Board of Supervisor we would have the hearing conducted by a hearing
1 officer— similar to the hearings held by the Code Enforcement Division for Nuisance Abatement
z5 Hearings, which have worked very well. After the hearing the project would come before the
26 Planning Commission instead of the Board of Supervisors.
27
28 Mr.MacKenzie indicated that the Ordinance was created in a short amount of time and he has found
29 a deficiency in subparagraph(0(3)that should have been pulled out and put into the new portion of
30 the Ordinance. If the Commission would approve this Ordinance today subject to that modification
31 so that all of the performance and development criteria were in the new part of the Ordinance instead
32 of some of them being in the new part and some in the old part, he would appreciate it.
33
34 Commissioner Leland had a question about existing antennas that were approved with a `stealth
35 design';what criteria ministerially would be used to make sure the new one would match the stealth
36 design of the existing one. He also noted that there were some general design standards in the old
37 portion and (g)(3) that states: `The use of best available technology and/or construction to achieve
38 maximal visual unobtrusiveness is mandatory.' That criterion would need to be added to the
39 collocation criteria.
40
41 Mr. MacKenzie stated that it was in (f)(3), (c) that Commissioner Leland's concern would be
42 addressed and that language could be changed to read "The antennas and pole shall be painted to
43 match the color of the existing antennas and pole or tower, or shall be painted and constructed to
44 blend with both the prevalent architecture and natural features existing on the subject site, as
45 determined by the Director of Development Services."
Commissioner Leland asked if the General Standards were incorporated in the(f)(3)collocations.
48
e BUTTE COUNTY PLANNING COMMISSION m MINUTES,NOVEMBER 30.2006■PAGE 25 a
1 Mr. MacKenzie replied that in the new Ordinance they refer back to the entire existing Ordinance,
2 and that in subparagraph (k) (3), (b) indicates that they have to comply with all applicable
3 requirements of the Section 24-262.
4
5 Commissioner Leland inquired if it would include all of the General Design Standards.
6
7 Mr. MacKenzie replied—"Absolutely."
8
9 It was moved by Commissioner Leland, seconded by Commissioner Wilson, and unanimously
10 carried to recommend that the Board of Supervisors adopt the Ordinance ZCA 06-0002 with the
11 change that the design criteria of the old section be added to the new section and on(f)(3),(c)take
12 the two `or's' out and put`ands' in,so that all of the requirements of(c)must be met instead of some
13 of them.
14
15 * * * *
16
17 LUNCH BREAK- 1:05 p.m. to 1:30 p.m.
18
19
* * * * *
20
21 1:30 P.M.
22
23 I. MIN 96-03 — staff recommends certification of e
Final Environmental Impact
24 Report and approval of the project.
25
26 Name: M&T Chico Ranch Mine Project: Final Environmental Impact Report
27 (FEIR)and Mitigation Monitoring Plan,Mining Permit and Reclamation Plan,MIN
28 96-03).
29 Planner: Pete Calarco APN: 039-530-019, 039-530-020.
30 Location: On a portion of the M&T Chico Ranch approximately 1.5 miles east of
31 the Sacramento River and approximately 5-miles southwest of the City of Chico in an
32 area north of and adjacent to Ord Ferry Road,east of and partially adjacent to River
33 Road. Access to the site would be provided by River Road.
34 Proposal: The project consists of a long-term,off-channel gravel mining operation.
35 The mining would take place on 193-acres of a 235-acre site over a 20 to 30—year
36 period. Reclamation would occur incrementally and would consist of the creation of
37 open-water wetland wildlife habitat and agricultural uses. The aggregate would be
38 processed(washed and screened) on a 40-acre area at the site.
39
40 An Environmental Impact Report is proposed for this project.
41
42 In accordance with the California Environmental Quality Act(CEQA),A forty-five
43 (45) day public review period for the DEIR was previously provided. This review
44 period began on October 10, 2002, and ended November 25, 2002. The Planning
45 Commission had considered certification in 2003; however, an additional issue
46 regarding the California Land Conservation Act (Williamson Act) needed to be
47 addressed. As a result,the applicant filed a request for immediate cancellation from
®BUTTE COUNTY PLANNING COMMISSION m MINUTES,NOVEMBER 30,2006 m PAGE 26
Senate Bill 1627
BILL NUMBER: SB 1627 CHAPTERED
BILL TEXT
CHAPTER 676
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2006
APPROVED BY GOVERNOR SEPTEMBER 29, 2006
PASSED THE SENATE AUGUST 23, 2006
PASSED THE ASSEMBLY AUGUST 22, 2006
AMENDED IN ASSEMBLY AUGUST 10, 2006
AMENDED IN ASSEMBLY AUGUST 7, 2006
AMENDED IN SENATE MAY 9, 2006
AMENDED IN SENATE MAY 3, 2006
AMENDED IN SENATE APRIL 17, 2006
AMENDED IN ASSEMBLY MARCH 29, 2006
AMENDED IN SENATE MARCH 27, 2006
INTRODUCED BY Senator Kehoe
FEBRUARY 24, 2006
An act to add Sections 65850.6 and 65964 to the Government Code,
relating to telecommunications.
LEGISLATIVE COUNSEL'S DIGEST
SB 1627, Kehoe Wireless telecommunications facilities.
(1) The Planning and Zoning Law authorizes the legislative body of
any county or city to adopt ordinances that, among other things,
regulate the use of buildings, structures, and land as between
industry, business, residences, and open space.
This bill would require a city, including a charter city, or
county to administratively approve an application for a collocation
facility on or immediately adjacent to a wireless telecommunications
collocation facility, as defined, through the issuance of a building
permit or a nondiscretionary permit, as specified.
(2) The Permit Streamlining Act defines the term "development
project" to include projects involving the issuance of a permit for
construction or reconstruction but not a permit to operate.
This bill would prohibit a city or county from taking certain
actions as a condition of approval of an application for a permit for
construction or reconstruction for a development project for a
wireless telecommunications facility, and would specify that a
development project for a wireless telecommunications facility is not
subject to a permit to operate.
By imposing new duties on local agencies, this bill would impose a
state-mandated local program.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
1
• •
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65850.6 is added to the Government Code, to
read:
65850.6. (a) A collocation facility shall be a permitted use not
subject to a city or county discretionary permit if it satisfies the
following requirements:
(1) The collocation facility is consistent with requirements for
the wireless telecommunications collocation facility pursuant to
subdivision (b) on which the collocation facility is proposed.
(2) The wireless telecommunications collocation facility on which
the collocation facility is proposed was subject to a discretionary
permit by the city or county and an environmental impact report was
certified, or a negative declaration or mitigated negative
declaration was adopted for the wireless telecommunications
collocation facility in compliance with the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code) , the requirements of Section 21166 do not
apply, and the collocation facility incorporates required mitigation
measures specified in that environmental impact report, negative
declaration, or mitigated negative declaration.
(b) A wireless telecommunications collocation facility, where a
subsequent collocation facility is a permitted use not subject to a
city or county discretionary permit pursuant to subdivision (a) ,
shall be subject to a city or county discretionary permit issued on
or after January 1, 2007, and shall comply with all of the following:
(1) City or county requirements for a wireless telecommunications
collocation facility that specifies types of wireless
telecommunications facilities that are allowed to include a
collocation facility, or types of wireless telecommunications
facilities that are allowed to include certain types of collocation
facilities; height, location, bulk, and size of the wireless
telecommunications collocation facility; percentage of the wireless
telecommunications collocation facility that may be occupied by
collocation facilities; and aesthetic or design requirements for the
wireless telecommunications collocation facility.
(2) City or county requirements for a proposed collocation
facility, including any types of collocation facilities that may be
allowed on a wireless telecommunications collocation facility;
height, location, bulk, and size of allowed collocation facilities;
and aesthetic or design requirements for a collocation facility.
(3) State and local requirements, including the general plan, any
applicable community plan or specific plan, and zoning ordinance.
(4) The California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code) through
certification of an environmental impact report, or adoption of a
negative declaration or mitigated negative declaration.
(c) The city or county shall hold at least one public hearing on
the discretionary permit required pursuant to subdivision (b) and
notice shall be given pursuant to Section 65091, unless otherwise
required by this division.
(d) For purposes of this section, the following definitions apply:
(1) "Collocation facility" means the placement or installation of
wireless facilities, including antennas, and related equipment, on,
or immediately adjacent to, a wireless telecommunications collocation
2
facility.
(2) "Wireless telecommunications facility" means equipment and
network components such as towers, utility poles, transmitters, base
stations, and emergency power systems that are integral to providing
wireless telecommunications services.
(3) "Wireless telecommunications collocation facility" means a
wireless telecommunications facility that includes collocation
facilities.
(e) The Legislature finds and declares that a collocation
,facility, as defined in this section, has• a significant economic
impact in California and is not a municipal affair as that term is
used in Section 5 of Article XI of the California Constitution, but
is a matter of statewide concern.
(f) With respect to the consideration of the environmental effects
of radio frequency emissions, the review by the city or county shall
be limited to that authorized by Section 332 (c) (7) of Title 47 of
the United States Code, or as that section may be hereafter amended.
SEC. 2. Section 65964 is added to the Government Code, to read:
65964. As a condition of approval of an application for a permit
for construction or reconstruction for a development project for a
wireless telecommunications facility, as defined in Section 65850.6,
a city or county shall not do any of the following:
(a) Require an escrow deposit for removal of a wireless
telecommunications facility or any component thereof. However, a
performance bond—or other surety or another form of security may be
required, so long as the amount of the bond security is rationally
related to the cost of removal. In establishing the amount of the
security,' the city or. county shall take into consideration
information provided by the permit applicant regarding the cost of
removal.
(b) Unreasonably limit the duration of any permit for a wireless
telecommunications facility. Limits of less than 10 years are
presumed to be unreasonable absent public safety reasons or
substantial land use reasons. However, cities and counties may
establish a build-out period for a site.
(c) Require that all wireless telecommunications facilities be
limited to sites owned by particular parties within the jurisdiction
of the city or county.
SEC. 3. It is the intent of the Legislature that a permit to
operate a wireless telecommunications facility is not intended to
preclude compliance by an applicant or city or county with the Permit
Streamlining Act (Chapter 4 .5 (commencing with Section 65920) of
Division 1 of Title 7 of the Government -Code) or any other applicable
state or federal statutes or regulations.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
3
DIGEST This bill requires a city or county to
administratively approve, through the issuance of a
building permit or nondiscretionary permit issued by the
planning department, an application for a collocation
facility on or immediately adjacent to a wireless
telecommunications facility that complies with specified
state and local requirements for such projects. This bill
defines the term "development project" within the Permit
Streamlining Act to include projects involving the issuance
of a permit for construction or reconstruction but not a
permit to operate. This bill prohibits a development
project for a wireless telecommunications facility from
being subject to a permit to operate.
Assembly Amendments make clarifying changes to the bill.
ANALYSIS
Existing law:
1. Under the California Constitution, authorizes a city or
county to "make and enforce within its limits all local,
police, sanitary, and other ordinances and regulations
not in conflict with general law. "
2. Under the Planning and Zoning Law, requires cities and
counties to adopt a general plan and provides for cities
and counties to adopt zoning ordinances regulating, for
example, the use of buildings, structures, and land.
3 . Under the California Environmental Quality Act (CEQA) ,
requires lead agencies with the principal responsibility
for carrying out or approving a proposed discretionary
project to prepare a negative declaration, mitigated
declaration, or environmental impact report (EIR) for
this action, unless the project is exempt from CEQA
(CEQA includes various statutory exemptions, as well as
categorical exemptions in the CEQA guidelines) .
4. Under the Permit Streamlining Act, "development project"
involves the issuance of a permit for construction or
reconstruction, but not a permit to operate or a
ministerial project proposed to be carried out or
approved by the agency.
This bill:
1. Requires cities and counties to administratively
approve, through the issuance of a building permit or
other nondiscretionary permit, applications to place
wireless communications equipment on structures where
such equipment is already located, provided that:
A. The new equipment or structures are consistent
with specified requirements for the already existing
structure on which the collocation facility is
proposed.
4
B. The structure where wireless communications
equipment is already located was subject to a
discretionary permit by the city or county and an
environmental impact report (EIR) was certified, or a
negative declaration or mitigated negative
declaration was adopted for the facility in
compliance with the California Environmental Quality
Act (CEQA) , no subsequent or supplemental EIR is
required, and the structure incorporates required
mitigation measures specified in that EIR, negative
declaration, or mitigated negative declaration.
2 . Requires an existing wireless communication structure
upon which new wireless communication equipment or
structures are to be placed to be subject to a city or
county discretionary permit issued on or after January
1, 2007, and to comply with specified city and county
requirements for such structures, the Planning and
Zoning Law, and CEQA, and requires the city or county to
hold at least one public hearing on the discretionary
permit.
3 . Makes findings and declarations that a collocation
facility has a significant economic impact in California
and is a matter of statewide concern.
4. Limits the city's or the county's review of the
environmental effects of radio frequency emissions to
that authorized by United States Code Section 332 (c) (7)
of Title 47, as may be hereafter amended.
5. Prohibits a city or county from doing any of the
following as a condition of approval of an application
for a permit for construction or reconstruction for a
development project for a wireless telecommunications
facility:
A. Require an escrow deposit for removal of a
wireless telecommunications facility or any component
thereof, though a performance bond or other surety
another form of security may be required, so long as
the amount of the bond security is rationally related
to the cost of removal, as determined by specified
criteria.
B. IUnreasonably limit the duration of any permit for
a wireless telecommunications facility (a limit of
less than 10 years is presumed to be unreasonable
absent public safety or substantial land use
reasons) .
C. Require that all wireless telecommunications
facilities be limited to certain geographic areas or
sites owned by particular parties within the
jurisdiction of the city or county.
i
5
I
6. States legislative intent that a development project for
a wireless telecommunications facility is not subject to
a permit to operate.
7. States that no state reimbursement of local agencies is
required because a local agency or school district has
the authority to levy service charges, fees, or
assessments sufficient to pay for the program or level
of service mandated by the bill.
6