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r/ rr Resolution No. 18-0'27
RESOLUTION ADOPTING AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION; MAKING FINDINGS
FOR APPROVING CONDITIONAL USE PERMIT CUP17-0002 FOR AT&T MOBILITY dba AT&T WIRELESS
WHEREAS, AT&T Mobility dba AT&T Wireless has applied for Conditional Use Permit to construct a
communication facility, including a 100 foot monopole and associated ground equipment;and
WHEREAS,The project site is located at 46 Manzanella Court, on the south side of Manzanella Court, X male east
from Mission Olive Road, southeast of the City of Orovill':e on Assessor's Parcel Number 028-350-055; and
WHEREAS, at a noticed public hearing on September 28, 2017 and October 26, 2017, the Planning Commission
approved the project on a 3—2 vote; and
WHEREAS, an appeal of the Planning Commission's October 26, 2017 approval was filed in a timely manner with
the Clerk of the Board of Supervisors by Don and Joyce Johns and included the names of 11 other individuals; and
WHEREAS,the Board of Supervisors has considered Conditional) Use Permit UP17-0002 including the report of the
Department of Development Services, publ''tic comments received, and a Mitigated Negative Declaration prepared for the
project in accordance with the California Environmental Quality Act(CEQA); and
WHEREAS, the Board of Supervisors has considered the appeal regarding an EIR must be prepared; and
WHEREAS, said Conditional Use Permit was referred to various affected puiblic and private agencies, County
departments, and referral agencies for review and comments; and
WHEREAS, a duly noticed public hearing was held on January 23, 2018 and the Board of Supervisors has
considered public comments,the action of the Planning Commission, and a report from the Planning Division,
NOW,THEREFORE,BE IT RESOLVED that the Butte County Board of Supervisors hereby takes the following actions
and makes the following findings:
I. Denies the appeal requesting(preparation of an Environmental Impact Report and adopts the (Initial Study
and Mitigated Negative Declaration (SCH No. 2017082085) with the following findings:,
A. An Initial Study was completed in compliance with CECI,A. Said study identified no significant
environmental effects with the inclusion of recommended mitigation measures.
B. The Board of Supervisors has considered the Mitigated Negative Declaration,together with comments
received during the review process.
C. On the basis of the whole record before the Board of Supervisors, including the Initial Study and any
comments received, there is no substantial evidence that Conditional Use Permit UP17-0002, would
have a significant impact on the environment. The custodian of the record is the Department of
Development Services. The location of the record is 7 County Center Drive, Oroville CA 95965.
An Environmental Impact Report(E1R)must be prepared when it can be fairly argued,based on substantial
evidence, in light of the whole record, that a project may have asignificant environmental impact. if"the
initial study identifies potential significant effects on the environment but revisions in the project plans
'would ovoid the effects or mitigate the effects to a point where clearly no significant effect on the
environment would occur'and there is no substantial evidence that the project as revised may have a
significant effect on the environment, a mitigated negative declaration may be used." (Keep Our
Mountains Quiet v. County of Santa Clara (6th Dist. 2015) 236 Cal.App.4th 714 citing Architectural
Heritage Assn. v. County of Monterey(2004)122 Co1.App.4th 1095,1101) The project's effects have been
analyzed and all potentially significant impacts have been mitigated to a less than significant level with
the prepared initial Study and Mitigated Negative Declaration. There were no impacts identified that
were considered a significant public controversy.
Substantial evidence is defined in the CEQA Guidelines as:
"...enough relevant information and reasonable inferences from this information that a fair argument
can be made to support a conclusion,even though other conclusions might also be reached. Whether
a fair argument can be made that the project may have a significant effect on the environment is to
be determined by examining the whole record before the lead agency. Argument, speculation,
unsubstantiated opinion or narrative, evidence which is clearly erroneous or inaccurate, or evidence
of social or economic impacts which do not contribute to or are not caused by physical impacts on the
environment does not constitute substantial evidence."(Guidelines§15384(a))
Substantial evidence includes fact, reasonable assumption predicated upon fact, or expert opinion
supported by fact. (Guidelines §15384 (b)) it does not include argument, speculation, unsubstantiated
opinion, erroneous information, or evidence of social or economic impact that do not cause or contribute
to physical environmental effects. There has been no substantial evidence submitted identifying any
significant impacts that have not be mitigated.
1. Aesthetics
Public testimony included information identifying that the project would result in a 100 foot tall tower
in a rural area which would create a substantial visual impact and degrade the visual character or
quality of the site and surrounding area. As discussed in the iS/MND, the project area is not identified
as a scenic resource per the Butte County General Plan (Figure COS-7). Although the environmental
document does identify that communication facility will result in a less than significant impact to
aesthetics,it does not mean the project creates a substantial impact resulting in the degrading of the
existing visual character or quality of the surrounding area. The only nonresidential structures in the
area are existing PG&E power poles.
The primary appellants and some of the neighbors have stated that the communication facility
drastically impedes and harms their view. While at 100 feet, it is tall, the proposed communication
facility is not substantial in width and therefore does not impede or significantly harm their views or
views from other properties. The primary appellants and others have identified that the monopole
will be precisely within the visual path. Upon review,several of the houses are oriented in such away,
that the rear of their houses are to facing to the south/southeast or east, away from the
communication facility. There are existing residences that do have their rear portion of their home
facing in the direction of the communication facility. But based on distances involved and the area
not being identified as a scenic resource, there would not be a significant visual impact.
2. Noise
The noise concerns are associated with the use of a proposed emergency standby back-up generator.
The use of the generator is to provide continuing power during extended power outages. The
proposed project includes the use of onsite batteries for shorter power outages. The project site is
located in a rural residential area where existing noise levels vary. The proposed project would not
expose people in the project vicinity to substantial noise levels or levels that are in excess of standards
established in the Health and Sofety Element of the the Butte County General Plan 2030 or Chapter
41A, Noise Control, of Butte4 County Code.
The proposed project will result in two different types of increases in noise levels, both temporary.
The first would be during construction of the communication facility. The anticipated noise level
associated to construction would be approximately 85 to 90 decibels (dBA) at a distance of 50 feet
from the noise source. Noise levels will be reduced,however,by o factor of six dBA with each doubling
of distance from the noise source. The monopole shall be located a minimum of.100 feet from
property lines and the nearest residence is located approximately 500 feet from the facilitysite. Based
on this distance, the estimated decibel level at the property line would be 73 to 79 decibels and 67 to
73 decibels to the nearest residence. Construction level noise generated will also be short-term in
duration and is considered exempt from Chapter 41A under section 41A-9 Exemptions, (f), Noise
sources associated with construction, repair, remodeling, demolition, paving or grading of any real
property or public works project located within one thousand feet of residential uses, provided said
activities do not take place between the following hours:
• Sunset to sunrise on weekdays and non-holidays;
• Friday commencing at 6:00 p.m. through and including 8:00 a.m. on Saturday, as well as not
before 8:00 a.m. on holidays,
• Saturday commencing at 6:00 p.m. through and including 10:00 a.m. on Sunday;and,
• Sunday after the hour of 6:00 p.m.
The second potential noise source is the standby generator. The applicant provided an Environmental
Noise Assessment Report that analyzed the noise impacts from the standby generator. It was
determined that the standby generator would produce a 54.27 decibel level, when running at full
capacity, at the nearest property line. The report identified that a quiet rural area has on average of
30 decibel level. The standby generator will only operate during weekly testing (approximately 15
minutes)in the daytime hours and during power outages.
Butte County General Plan Table HS-3—Maximum Allowable Noise Exposure to Non-Transportation
Sources identifies the different maximum decibel levels in urban and non-urban areas during different
times of the day.
Table H5-3
Daytime{7 a.m.to 7 p.m.} Evening{7 p.m.to 10 p.m.) Nighttime(10 p.m.to 7 a.m.)
Designation
Noise Level Descriptor Urban Non-Urban Urban Non-Urban Urban Non-Urban
Hourly Ave(L eq) 55 SO 50 45 45 40
Maximum{L max) 70 60 60 55 55 50
The project site is located in a Non-Urban area. The proposed decibel level of the generator is
consistent with the maximum allowed per the table above during daytime hours and, based the
short duration testing the generator(approximately 15 minutes during daytime hours), will not
exceed the hourly average. The noise of the generator during power outages (emergency), is
exempt from the Noise standards(BCC§41A-9(e)).
The concern that if the project is approved as proposed, the impacts to adjacent neighbors will create
an experience of a noise level equivalent of that in a suburban neighborhood. As discussed above,
noise generated by the project will be both short-term in duration (construction and testing of the
generator) and during power outages. The noise generated would not be a daily occurrence as
experienced in a suburban neighborhood. Other than during those time, the communication facility
will not generate any noise.
3. Air Quality/Dust
The project was analyzed for air quality/dust impacts. The analysis determined there is a potential
for dust to be generated due to onsite construction and vehicles traveling to and from the site. A
mitigation measure was included as part of the proposed project that addressed air quality and
dust by onsite construction and vehicles on site. The mitigation included limiting construction
vehicles and maintenance vehicles to 15 mph. The source of this measure is Appendix C-1, Best
Practices to Minimize Air Quality and GHG impacts of the October 23, 2014 Butte County Air
Quality Management District CEQA Air Quality Handbook. Based on the minimal amount of trips
generated by construction and operation of the proposed project and the limited speed, this
measure would reduce any dust generated to a less than significant level. The comment that a 15
mph rate of speed "will cause dust storms to wash over my clients' residence, and waft into
neighboring parcels negatively affecting the air quality"is an example of"argument,speculation,
unsubstantiated opinion or narrative"that does not constitute substantial evidence as defined by
Section15384 (a)of the CEQA Guidelines.
4. Traffic
The!S/MND identified the proposed project would have a less than significant increase in traffic which
is substantial in relation to the existing traffic load and capacity of the street system. The project
would also generate a less than significant number of short-term vehicle trips for the construction of
the facilities. These vehicle trips would only be temporary,not generating ongoing vehicle trips. Once
constructed, routine maintenance visits would generate approximately 1 to 2 trips per month. There
are four parcels that have access off of Manzanella Court. Each parcel is developed with a residential
dwelling. Based on the institute of Traffic Engineers(ITE) Trip Generation Manual, the average daily
trips generated per residential dwelling is 9.77. The existing average daily trips on Manzanella Court
would be 39. Based on an average of 30 days per month, the number of monthly trips would be
approximately 1,170. With the proposed project's average of 1 to 2 monthly vehicle maintenance
trips, the project would add an increase of 0.09 to 0.18% to the existing number of vehicle trips per
month. This is not a significant increase in vehicle trips. Even with potential collocations which may
generate total of 3 to 6 monthly vehicle trips, the communication facility would result in an increase
of only 0.27 to 0.54%in additional vehicle trips per month.
D. The Initial Study and Mitigated Negative Declaration reflects the independent judgment and analysis
of Butte County, which is the Lead Agency.
E. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is required
prior to filing a Notice of Determination for the project, unless verification from the California
Department of Fish and Game is provided that the project is exempt from the fee requirement. If a
required fee is not paid for the project, the project will not be operative,vested or final and any local
permits issued for the project will be invalid (Section 711.4(c) (3)).
fl. Makes the following Conditional Use Permit findings:
A. The proposed use is allowed in the applicable zone.
The project is zoned RR-5(Rural Residential 5-acre minimum). The RR-5 Zone identifies new towers or
poles as requiring a conditional use permit
B. The location, size, design, and operating characteristics of the proposed use will be compatible with
the existing and future land uses in the vicinity of the subject property.
The level terrain, mature olive trees on the parcel, surrounding off-site vegetation and the existing
structures on the property,provides partial screening of the facility from nearby residences and nearby
public roads. Additionally, the monopole's slim design comprises a small percentage of the overall
viewshed from any offsite location, and would be visually subordinate to the overall rural character of
existing and future land uses in the vicinity of the project site.
C. The proposed use will not be detrimental to the public health, safety, and welfare of the County.
Wireless communication systems emit non-ionizing,electromagnetic energy. The perceived health risk
of this emission has been identified as a potential public health and safety issue. However, no studies
to date have demonstrated a specific correlation between wireless communication facilities and health
problems. The actual use of radio frequency transmission requires only a small amount of energy,
making mobile phone technology one of the most efficient farms of communication available. Unlike
television and radio transmitters which work at full power all the time, a mobile phone site is designed
to control its output so that it provides exactly the signal strength required to handle the number of
calls being made at that moment, no more and no less. Therefore, if no calls are being made at any
one moment, the cell site will virtually shut itself down. The antennas are designed to transmit most
of the signal away horizontally, or just below the horizontal, rather than at steep angles to the ground.
Wireless communication systems are, by design and operation, low-power devices. Even under
maximum exposure conditions, in which all channels are operating at full power,public exposure from
a wireless facility will typically be less than 3 microwatts per centimeter squared (PW/cm ). This
exposure is more than 1,200 times lower than the current American National Standards Institute
(ANSI) and the National Council on Radiation Protection and Measurement (NCRP) report public
exposure standards. The current ANSI and NCRP maximum allowable exposures are set at levels 50
times higher than what the majority of the scientific community believes may pose a health risk to
human populations.
At the nearest walking/working surfaces to the AT&T antennas, the maximum power density generated
by the AT&T ontennas is approximately 3.30 percent of the FCC's general public limit(0.66 percent of the
FCC's occupational limit). The composite exposure level from all carriers on this site is approximately 3.30
percent of the FCC's general public limit (0.66 percent of the FCC's occupational limit) at the nearest
walking/working surface to each antenna. Based on worst-case predictive modeling, there are no areas
at ground level related to the proposed AT&T antennas that exceed the FCC's occupational or general
public exposure limits at this site. At ground level,the maximum power density generated by the antennas
is approximately 3.10 percent of the FCC's general public limit (0.62 percent of the FCC's occupational
limit).
The proposed communications facility is expected to have a standby generator for emergency backup
power and a 500 gallon propane tank on a concrete slab. The proposed communications facility will
also have large batteries within the equipment cabinets. Such batteries are typically classified as non-
hazardous material for transportation. The use of these batteries on the project site is not expected
to create any hazardous materials or emissions. The Butte County Environmental Health Division
requires that the applicant complete a "Hazardous Materials Release Response Plan"pursuant to the
California Health and Safety Code".
A building permit is required for construction of the proposed communications facility, which will
ensure the engineered structure will adhere to building safety standards in the California Building
Code.
D. The proposed use is properly located within the County and adequately served by existing or planned
services and infrastructure.
implementation of the project would not require domestic water or wastewater treatment, or solid
waste facilities. it would not be in conflict with any statutes or regulations relating to solid waste, nor
would it employ equipment that would introduce interference into any system.
The project would not increase the level of demand for fire protection service needed on the site
because communication towers do not normolly require such services.
The proposal would not result in an increase in demand for school facilities in the area. The project
would not result in any impacts to area parks and facilities.
E. The size, shape, and other physical characteristics of the subject property are adequate to ensure
compatibility of the proposed use with the existing and future land uses in the vicinity of the subject
property.
The project site is zoned RR-5, with rural residential development in the surrounding area. The overall
size of the project, approximately 1,200 square feet, along with the 12 access and utility easement, on
the 5-acre parcel, encompasses approximately 2.7% of the project parcel. The project, with project
conditions, complies with the required findings to approve a use permit.
f ll. The project is consistent with the following Telecommunication Facilities Standards and Requirements:
Section 24-176 (Purpose)
A. Allow reasonable opportunities for wireless communication providers to provide such services to the
community in a safe effective and efficient manner.
B. Encourage the location of new monopoles, towers and antennas in non-residential areas, thereby
discouraging the need for such facilities in residential areas.
C. Minimize the total number of antennas through the county.
D. Encourage co-location of facilities at appropriate new and existing monopoles, towers and antenna
sites.
E. Encourage wireless communication providers to locate new monopoles,towers and antennas in areas
that minimize adverse impact on agricultural and air navigation.
F. Require wireless communication providers to design and configure wireless communication facilities
in a way that minimizes visual impacts.
G. Protect the public's interest in the safe operation of emergency services such as air ambulance,
medical and air evacuation, firefighting, law enforcement, search and rescue, vector control, and
resource management.
The proposed monopole tower is located within a residential zone. This site will allow current and
future AT&T Wireless customers to have access to wireless services in the areas shown on the Coverage
Plots included in this application. This site is intended to improve wireless coverage to the area and
will also increase the network capacity. The new wireless communication facility will provide both
improved indoor and outdoor wireless communications service to residents. This network will provide
a valuable service to those who live, travel, and do business in the local area. it will give people the
ability to call for emergency services in the event of an accident, the ability to communicate with
employees or clients outside of the office, and the ability to communicate with family members when
needed. The applicant's project engineer has indicated that the proposed location will provide the
necessary coverage and capacity with the ability to hand off the wireless signal to the next
telecommunications site. This will enable travelers and community members to have reliable and
continuous wireless coverage.
Section 24-181 (General Requirements)
A. Setbacks.
1. Except when specifically allowed,all new telecommunication facilities shall be located on a parcel
so that the distance from the base of facility to the parcel boundary is equal to or greater than
the height of the facility. (Reduced setbacks are allowed in the agriculture zones and non-
residential zones with conditions specified in 24-181 A.2 to A.4.)
The 1:1 setback was adopted, in part, to minimize impacts to surrounding properties and
residences and minimize potential exposure to RF emissions. The proposed monopole shall be a
minimum of 100 feet from property lines. The proposed communication facility(tower)meets the
required setback from all property lines.
B. Height.
1. The maximum height for telecommunication facilities in all zones shall be 100 feet, except in
Commercial and Industrial zones where it shall be 150 feet. Section 24-1816.1 specifies that the
review authority may approve additional height based on justifiable need.
The height of the monopole (100 feet), is consistent with this requirement.
Section 24-183 (Standards for Types of Facilities)
C. Monopoles or Towers.
I. New monopoles or towers proposed in or within 1,000 feet of agriculture and residential zones
require written notice, in a manner approved by the Zoning Administrator,to be given to owners
of parcels located within a minimum radius of 1,000 feet of the parcel on which the proposed
monopole or tower will be located.
Property owners within one-half mile (2,640 feet) were notified of the public hearing for this
project.
2. Monopoles or towers in agricultural or residential zones shall not exceed 30 feet in height except
when:
a. No feasible alternative site exists;
b. A denial would constitute a prohibition on the provision of the affected wireless
communication service in violation of federal or State law.
The project parcel and surrounding area is located in a rural residential area. The applicant
identified and analyzed additional sites in the surrounding area, but the other sites would not
provide the same coverage in the search area or would provide challenges for access. Based
on this analysis, no feasible alternative site exists.
Additionally, this site will serve as a backup to the existing(wired)landline service in the area and
will provide improved wireless communication, which is essential to first responders, community
safety, local businesses and area residents. As a backup system to traditional londline phone
service,mobile phones have proven to be extremely important during natural disasters and other
catastrophes. With future colocations, customers from other carriers will also be able to receive
better service.
Three additional sites on agriculturally zoned parcels in the proximity of the project site
location were selected by County staff and analyzed for both cell service and wireless coverage
by the applicant.
Alternative site I is located approximately 4,240 feet northwest of the project site. This site
shifts the coverage more to the west missing indoor and outdoor coverage to the east and
south, including highways and living units, hence the coverage holes remain.
Alternative site 2 is located approximately 4,010 feet northeast of the project site. This site
shifts the coverage towards the north eastern part of the objective area leaving south and
south western area without adequate indoorloutdo,or coverage.
Alternative site 3 is located approximately 3,395 feet southwest of the project site. This site is
unable to provide adequate indoor coverage in the high concentration of Living units just to,
the north of this location as well as to the south eastern side of the objective area. Being at
lower ground elevation approx. 120 feet below the elevation, to the north it will not be able to
provide any indoor coverage to the north.
IV. Finds the Project to be substantially consistent with applicable Goals and Policies of the Butte County
General Plan.
V. Denies the appeal and approves Conditional Use Permit UP17-0002, subject to the conditions in Exhibit
"All.
PASSED AND ADOPTED by the Butte County Board of Supervisors this 23"d day of January, 2018, by the,following
vote:
AYES:Supervisors Connehy,Wahl, Kirk,Teeter, and Chair Lambert
NOES: None
ABSENT: None
NOT VOTING: None
Steve Larnbert,tXair
Butte County Board of Supervisors
ATTEST:
Shari McCracken, Interim: Chief Administrative Officer
and Clerk of the Board of Supervisors
By:
Depu�