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2 Qrdinance No. 3956
3
4 AN ORDINANCE AMENDING SECTION 24-262 OF ARTICLE V OF CHAPTER 24 OF THE
5 BUTTE COUNTY CODE
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7 The Boazd of Supervisors of the County of Butte ordains as follows:
8 Secrion 1. Article V, Section 24-262 of the Butte County Code is amended to read as follows:
9
10 24-262 Wireless communication facilities.
11 (a) Purpose and intent. The purpose of this section is to establish policies, procedures,
12 and standards applicable to the siting and installation of wireless communication
13 facilities as defined in subsection (b) below, in all zone districts. The goals of this section
l4 are to:
15 (1) Encourage the location of new monopoles, towers andlor antennas innon-residential
16 areas and minimize the total number of antennas throughout the county;
17 {2) Encourage collocation of facilities at appropriate new and existing new monopoles,
18 towers andlor antenna sites;
19 (3) Encouragewireless communicationproviders to locatenewmonopoles, towers andlor
20 antennas in areas where the adverse impact on residential neighborhoods, agriculture, and
21 air navigation is minimal;
22 (4} Require wireless communication providers to design and configure wireless
23 communication facilities in a way that minimizes adverse visual impacts;
24 (5) Protect the public's interest in the safe operation of emergency services which
25 include, but are not limited to, air ambulance, medical and emergency evacuation,
26 firefighting, law enforcement, search and rescue, vector control, and resource
27 management; and
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1 (6) Allow reasonable opportunities for providers of wireless communication services to
2 provide such services to the community in a safe, effective, and efficient manner.
3 {b) Applicability. The provisions of this section shall apply to all communications
4 facilities for the transmission and/or reception of wireless radio, television, and other
S telecommunication signals, including, but not limited to, commercial wireless
6 communications services (personal communication, cellular and paging} including,
7 without limitation, antennae, masts, poles, towers, structures, buildings, additions to
8 existing antennae, masts, poles, towers, structures, or buildings (the facilities). Such
9 facilities shall be subject to all the provisions as set forth below, unless otherwise
10 specified in thi s section, notwithstanding atherexisting zoning provisions and regulations
11 of the County of Butte.
12 (c) Exemptions. The following facilities are exempt from the requirements of this
13 section:
14 (l) Small business/residential/farm facilities. Two-way radio communications systems
l S operated only as an internal business communications system by owners/operators and
16 not made available to third parties, subject to the maximum height requirements for the
l7 zone as set forth in subsection 24-262{f)(4), and in no event greater than fifty (SO) feet
1 S in height and privately operated noncommercial facilities attendant to a residential, nan-
19 commercial use or uses, including, but not limited ta, amateur radio facilities of less than
20 sixty-five (6S) feet in height and noncommercial television receive antennas, subject to
2l the maximum height requirements for the zone, as set forth in subsection 24-262(f,(4),
22 and in no event greater than fifty (SO} feet in height and satellite dish (television receive
23 only) antennas no greater than two {2} meters in diameter which are used for non-
24 commercial purposes by the residential user, providing all such facilities are exempt from
2S demonstrating radio-frequency emission compliance from Federal Communications
26 Commission (FCC} regulation pursuant to FCC Office of Engineering Technology
2
1 ("OET"} Bulletin No. 65 entitled "Evaluating Compliance with FCC Guidelines for
2 Human Exposure to Radio Frequency Electromagnetic Fields" (August 1997 or later
3 revisions or successors thereto} (hereinafter, "FCC OET 65"). This exemption does not
4 apply to any facility not categorically exempt from FCC regulation pursuant to FCC OET
5 65, nor does it apply to facilities operated, leased to, or used by common carriers, or
6 wireless communications providers, or personal communications systems (PCS}
7 providers, or cellular communications providers or specialized mobile radio (SMR}
8 communications providers, nor does this exemption apply to television andlor radio
9 broadcast facilities.
10 (2} Government. Government owned communications facilities to be used primarily to
11 protect public, health, safety and welfare, all as determined by the planning division of
12 the department of development services.
l3 (3) Facilities exempted under federal or state law. Any facility specifically exempted
14 under federal or state law.
15 {4) Emergency facilities. Temporary facilities erected and operated for emergency
16 situations which are approved in writing in advance of installation by the director of
l 7 development services. Uses of such facilities must not exceed two {2) weeks, unless an
18 extension is granted in writing by the director of development services.
19 (5) Repair or replacement of a lawfully established existing facility, so long as the repair
20 or replacement does not involve modifications to the facility which add height, changes
21 the appearance, in a visually or physically obtrusive manner, or increases its effective
22 radiated power.
23 (d) Permit requirements: All facilities are subject to the following land use permitting
24 requirements in specified zone districts, in addition to all applicable requirements of this
25 chapter.
26 PERMIT REQUIREMENTS3
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ONE
ISTRICT
UILDING
FACADE
OOF
MOUNTED
OLLOCATION
FACILITIES4
NEW
TOWER
OR POLE UTILITY
POLE
MOUNTED
{Includes
Antenna Farms)
-5 TO A- i 0 MUP MUP BP UP MUP
-15 TO A-
Ib0 MUP MUP BP MUP MUP
TO AR-
10 UP UP BP UP MUP
-SR' P P P P P
UP UP BP UP UP
R-1 TO FR-
10 UP UP BP UP UP
R-20 TO
R-160 MUP MUP BP MUP MUP
1 TO R4' ~ P P P P MUP2
-N'°~ P P P P MUP2
T-1''2 P P P P MUP2
SR TO
SRS'~2 P P P P MUP2
-P''2 P P P P MUP2
S-H''2 P P P P MUP2
HP'~2 P P P P MUP2
UP UP BP UP UP
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1
2
3
4
5
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10
11
12
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14
15
16
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1$
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20
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29
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-Z' °2 P P P P P
C-1 MUP MUP BP MUP AP
C-2 MUP MUP BP MUP AP
C-C MUP MUP BP MUP AP
-C MUP MUP BP MUP AP
-C MUP MUP BP MUP AP
L-1 MUP MUP BP MUP AP
-1 MUP MUP BP MUP AP
-2 MUP MUP BP MUP AP
C~-F MUP MUP BP MUP AP
M-1 TO
M-160 MUP MUP BP MUP AP
TPZ-160 MUP MUP BP MUP AP
-Q MUP MUP BP MUP AP
P MUP MUP BP MUP AP
-C MUP MUP BP MUP AP
P -Prohibited
AP -Administrative Permit
MUP -Minor Use Permit
UP -Use Permit
BP -Building Permit
' Facilities are prohibited from locating in these zones or within. one thousand {i,000) feet of these zones, or within one
thousand (1,000) feet of the property line of any parcel within any residential zone in any incorporated city in the County
of Butte or in any incorporated or unincorporated area of another county. The installation of and the permitting of
facilities in these areas is prohibited except when: 1) no feasible alternative site exists; and 2) a denial would constitute a
prohibition on the provision of khe affected wireless communications service in violation of federal or state I.aw. The
burden of proof shall be on the applicant to establish bokh conditions. A use permit is required in these zones or within
one thousand (1,000} feet of these zones should both exceptions herein be met by the applicant.
ZUtiliry pole mounted facilities maybe located within Ri to R4, R-N, RT-i, SR to SR-5, R-P, S-H and MHP zones with
an approved minor use permit.
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3Notwithstanding any other provision of the Butte County Code, whenever an applicant proposing a facility in any
prohibited area or of any prohibited height or configuration, such that this section imposes the burden of proof an such
applicant to show that: l) na feasible alternative site exists; and 2) a denial would constitute a prohibition an the
provision of the affected wireless communications service in violation of federal or state Law; a hearing shall be held on
the above two {2) issues before a Hearing Officer. All such hearings conducted shall be held before a Hearing Officer
designated pursuant to the protocol set forth in that document entitled the "Butte County Admi3nistrative Hearing Officer
Program." The Program is based upon an alphabetical rotation through attorneys currently under contract through the
Program. At such hearing, the applicant shall have the burden of prpducing evidence and the burden of proving the above
two (2) conditions through competent evidence introduced into the record. The Hearing Officer may allow others the
Barrie opportunity to present evidence at the hearing. The formal rules of evidence shall not apply at such hearings. A
presumption shall exist as to the lack of the two (2) conditions. The decision of the Hearing Officer shall be sustained if it
is supported by competent evidence contained in the record. At the conclusion of the hearing, the Hearing Officer shall
determine, based upon the evidence iti the record, whether the applicant has met the burden of proof, make findings based
on the evidence presented, and refer the applicant's proposal back to the planning commission for further proceedings an
the applicant's proposal consistent with the Hearing Officer's findings.
4After Jaunary 1, 2007, a Collocation Facility meeting specified requirements maybe installed in a zone in which
wireless communicakions Facilities are permitted upon securing a building permit, pursuant to Government Code Sections
65850.6 and 65964. Pursuant to these Sections of the Government Code, a Collocation Facility installed on a Wireless
Telecommunications Facility is a permitted use , if the Wireless Telecommunications Facility was previously subject to a
city or county discretionary permit process, within which there was full CEQA compliance. Such a Collocation Facility
shall be subject to all applicable requirements of this Section 24-262, including 24-262(k).
23 {e} Application requirements. At a mitumum each application for a facility permit shall
-24 include the following:
25 (1) All application materials generally captained in the submittal requirements for the
26 type of permit required. Incomplete applications shall not be accepted.
27 (2) Statement of justification.
2$ a. Includes a description of the proposed facility, including the type of facility being
29 requested.
30 b. Height from natural grade to the top of proposed facility.
3l c. Support equipment proposed.
32 d. RFRIEMF and wattage output data including the number of channels.
33 e. Horizontal and vertical location coordinates.
34 (3) Proposed elevations of the structure and any accessory buildings, including building
35 height and other physical dimensions, drawn to graphic scale.
36 (4) Visual impact assessment, photo montages, mock-ups as determined by the director
37 of development services or planning commission. The assessment shall identify any
1 proposed trimming of vegetation that will be required far the normal operation of the
2 facility. Stealth technology is encouraged.
3 (S) A discussion of and supporting information regarding the alternative site selection of
4 at least a minimum of three {3) to four (4) other sites, if available, including collocation
5 opportunities, and a statement as to why these alternative sites andlor collocation
6 opportunities were rejected.
7 (6) A complete service area map showing the entire wireless communications network
8 of the provider's twenty (20) miles in all directions from the proposed site for the time
9 period from the filing of the application to twelve (12} months from the filing of the
10 application, for the purpose of visually aiding cumulative environmental analysis, with
11 and without the proposed facility or facilities, showing all hand-off sites within the above
i 2 specified area.
13 (7) A graphic depiction of the search ring and all other technical criteria used in
14 determining the proposed facility location.
15 (8) Documentation which identifies failure characteristics of the facility structure or
16 tower and demonstrates that the site and setbacks are of adequate size to contain falling
17 debris.
18 (9) Written evidence demonstrating that the selected facility structure or tower design is
19 as visually unobtrusive as possible, given technical and engineering considerations,
2p which indicate what type of facility is required to provide reasonably effective service
21 and also the best technology andlor construction available to maximally achieve visual
22 unobtrusiveness. The use of best available technology andlor construction to maximally
23 achieve visual unobtrusiveness is mandatory.
24 { 10) Applicants which operate common carrier facilities (specifically, but not limited to
25 cellular, PCS, SMR and paging service licensees of the FCC) shall provide written
2d evidence that the applicant has provided notice to all FCC licensed wireless
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1 communication service carriers operating within the County of Butte of the plans to
2 develop the site.
3 (11) Evidence of a valid, current operating license or construction permit from the FCC
4 or, if the applicant is not a wireless communications service provider, a user operating
5 agreement far each and every such provider to which the applicant intends to rent space
6 on the proposed facility.
7 (12} A report, signed by a qualified radio frequency engineer licensed by the FCC,
$ prepared pursuant to FCC OET 65, stating whether the maximum radio frequency
9 radiationlelectromagnetic radiation (RFIEMF) to be emitted by the proposed facility,
10 taking into account all other facilities, both existing and known future facilities, at the
11 proposed site and adj acent properties, conforms to safety standards adopted by the FCC,
12 if applicable. The reports prepared for facilities shall conform to the reporting
13 requirements set by the county and FCC OET 65 human exposure standards. The report
14 shall also analyze the evidence provided in support of the proposed facility location,
15 height and radiated power, frequency, the number of channels, and all other related data
16 and present alternatives for the location, height and radiated power, pursuant to the
17 requ:urements of this section. if the proposed facility exceeds FCC OET 6S human
1$ exposure standards, applicant shall also provide additional comprehensive technical and
19 planning information regarding how the applicant shall protect all persons from such
20 excessive exposure consistent with all federal and state requirements, and any additional
21 county requirements.
22 (13} Landscaping and painting plans for the completed project.
23 (14) Projects in agricultural zones (A-5 through A-160) shall, prior to submitting an
24 application for a proposed facility, submit a site plan of the proposed facility to the Butte
25 County Agricultural Commissioner for comment and send a notification letter to all
26 aerial agricultural applicators registered in the county informing them of the proposed
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1 site location and tower height. No hearing an an application for a proposed facility in any
2 agricultural zone will be scheduled, nor shall any administrative permit for any such
3 facility be issued without proof that the Butte County Agricultural Commissioner and all
4 aerial agricultural applicators registered in the county have been notified, as specified
5 herein.
6 {15) All applications for facilities that are proposed to be located within the boundaries
7 of any comprehensive airport land use plan or airport area of influence, as adapted or
8 designated from time to time by the Butte County Airport Land Use Commission, shall
9 be submitted to the department of development services, planning division, and a copy
10 submitted to the Butte County Airport Land Use Commission for review regarding
11 consistency with adopted comprehensive airport land use plans and for recommendations
12 addressing potential impacts to air navigation within the airport area of influence.
13 (lb) The county may in its sole discretion retain an independent consultant to review
14 either individual elements of or the entire application and advise the county at the
1 S applicant's sole expense.
1 ~ {f) Development criteria for wireless communication facilities.
17 (1) Building facade mounted facilities are subject to the following criteria:
18 a. All portions of facilities praj ecting above the roof parapet or roof line shall be screened
19 or hidden from view.
20 b. The total of all facility panels shall not exceed the greater of ten (10} percent of the
21 square footage of the facade of the building or twenty-five (2S) square feet per facade.
22 c. All equipment shelters, cabinets, or other structures utilized or built in connection with
23 the facility shall be located within the building being utilized for the facility, ar on the
24 ~ ground outside of any setback area or required vehicle parking space, ar an the roof, if
25 screened.
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1 d. The lowest portion of all facilities shall be located a minimum of twenty (20} feet
2 above grade level.
3 e. No portion of the facility shall project out in any direction more than eighteen (18}
4 inches from the facade of the building.
5 £ Facilities shall be constructed or mounted and painted to blend with the predominant
6 architecture of the building andlor shall appear to be part of the building to which the
7 facility is attached.
$ (2} Roof mounted facilities are subject to the fallowing criteria:
9 a. All equipment shelters, cabinets, or structures utilized or built in connection with the
l0 facilities shall be located within the building being utilized for the antenna, or on the
11 ~ ground outside of any setback area or required vehicle parking space, or on the roof, if
12 visually screened.
13 b. Facilities affixed to towers located on the roof of buildings shall be located as close
14 to the center of the roof as feasibly and aesthetically possible, and the height of the tower
15 shall not exceed twenty (20) feet above the roof top.
16 (3}New monopoles or towers are subject to the fallowing criteria:
17 a. In addition to the notice requirements of section 24-25.25, new monopoles or towers
18 proposed in or within ane thousand (1,000} feet of Agricultural Zones (A-5 through A-
19 10}, Residential Zones (AR through AR-10, A-SR, FR-l through FR-10, M-R, R-1
20 through R-4, R-N, RT-1 through RT-1 A, SR through SR-5, R-P) or Special Zones {MHP,
21 S-H, U, A-Z) require written notice, in a manner approved by the director of
22 development services, to be given to owners of parcels located within a minimum radius
23 of one thousand (1,000) feet of the parcel on which the proposed monopole or tower will
24 be located.
25 b. Monopoles or towers in Agricultural Zones (A-5 through A-10), Residential Zones (R-
26 1 through R-4, R-N, RT-1 through RT-lA, SR through SR-5, R-P) or in a Special Zone
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i {Zones MHP, S-H, A-Z) shall not exceed thirty (30) feet in height. The installation of and
2 the permitting of facilities over thirty {30) feet in height is prohibited except when: 1) no
3 feasible alternative site exists; and, 2) a denial would constitute a prohibition on the
4 provision of the affected wireless communications service in violation of federal or state
5 law. The burden of proof shall be on the applicant to establish both conditions.
6 (4} Facilities mounted on an existing utility pole or within an antenna farm are subject
7 to the administrative permit or minor use permit process, subject to the following criteria:
8 An antenna farm is a lawfully established, prior to the effective date of this section,
9 Wireless Communication Facility, which contains three (3) or more existing towers or
10 monopoles on a single parcel or (defined as a grouping of three {3) or more lawfully
11 established antenna towers or structures within a diameter of three hundred (300) feet
i2 from the center-most antenna tower or structure).
13 a. The facility does not encroach into, under, over, or upon any public street in the
14 unincorporated area of the county in the absence of a valid encroachment permit from
15 the county.
16 b. The facility must meet or fall within current standards and regulations of the FAA, the
17 FCC, the County and any other agency of the federal or state government with the
18 authority to regulate such facilities.
19 c. The facility must meet all application requirements and applicable standards of this
20 Code.
21 (g) General standards.
22 (1 }The minimum lot area for a facility shall be based on required setbacks.
23 {2) All facilities shall meet the following minimum setbacks.
24 a. In Agricultural Zones {A-1 S through A-1 b0} all new facilities shall be located on a lat
25 so that the distance from the base of the facility to the parcel or lot boundary is equal to
26 or greater than the height of the facility, except; 1) If located adjacent to an existing
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1 structure such as a barn, rice dryer, or other existing facility such that the facility will
2 blend with the surrounding area, or; 2) if adjacent property owner(s) consents in writing
3 to a lessor distance, then the minimum setback distance required by the zone applies.
4 b. In all zones {except far Agricultural Zones A-1 S through A-160) all new facilities shall
5 be located on a lot so that the distance from the base of the facility to the parcel or lat
6 boundary is equal to or greater than the height of the facility.
7 (3) All facilities shall be designed far the minimum functional height required. The
$ height of a facility shall be measured from the natural, undisturbed ground surface below
9 the center of the base of said manogale or tower to the top of the monopole ar tower
10 itself ar, if higher, the tip of the highest antenna or piece of equipment attached thereto.
11 The use of best available technology andlor construction to achieve maximal visual
12 unobtrusiveness is mandatory.
13 (4) The installation of any facility shall comply with all applicable building and electrical
14 codes. All facility operators shall submit certification from a registered structural
15 engineer to the building division, that all associated monopoles and towers in excess of
16 thirty {30) feet in height will withstand sustained winds as required by the Uniform
17 Building Code.
18 (5) No advertising or display is permitted on any facility.
19 (6) The placement of any antenna shall not adversely affect any on-site sewage disposal
20 system or its repair area without written approval from the division of environmental
21 health.
22 (7) The installation of a facility shall not violate any existing deed restrictions.
23 (8} All facilities shall have a twelve (12) foot wide all-weather access to a publicly
24 maintained road capable of supporting a forty thousand {40,000) pound fire apparatus
25 with fifteen (15) feet of vertical clearance.
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1 (9) There shall be no outdoor vehicle or equipment storage except for emergency
2 purposes.
3 (10) All facilities must fall within current standards and regulations ofthe FAA, the FCC,
~} and any other state andlor federal agency with the authority to regulate such facilities.
5 If such standards and regulations are changed, the property owner or responsible party
6 shall bring such facilities into compliance with such revised standards and regulations
7 within ninety (90) days of the effective date of such standards and regulations, unless a
8 more stringent compliance schedule is mandated by the controlling agency.
9 (I l) No facility or combination of facilities shall generate, at any time, electromagnetic
10 frequency radiation (EMF) or radio frequency radiation (RF) in excess of the FCC
11 adopted standards for human exposure, as amended over time.
12 (12) If it is found that facilities are or will be detrimental to the health, safety, or welfare
13 of persons working or residing near such facilities, then the service provider(s) and
14 property owner shall be jointly and solely responsible for the removal, adjustment, or
15 replacement of the facilities. In no case shall a facility remain in operation if it is found
1 b to create a hazard to health, safety, and welfare. A facility shall not be found to create a
17 hazard to health, safety, or welfare as a result of EMF or RF emissions from the facility
18 so long as it meets all current standards established by the FCC, pursuant to FCC QET
19 65. Prior to issuance of the building permit for the installation of every facility, the
20 applicant shall post a performance security in an amount and form determined by the
21 director of development services that is sufficient to cover the cost of cone-time test by
22 a radio frequency consultant selected by the county, sufficient to determine whether the
23 facility's RFIEMF emissions comply with FCC standards. If the Facility's emissions are
24 determined to exceed FCC standards, the applicant is required to pay for such other tests
25 and other corrective measures as are necessary to establish compliance with FCC OET
26 65 and its successors and such noncompliance shall constitute sufficient grounds to
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1 commence a permit revocation hearing which may lead to permit revocation. The
2 applicant shall cooperate in all respects with the county's consultant to assist the
3 consultant to reach hislher conclusion.
4 (13) All facilities that are not in continual use for a period of six (6) months shall be
5 considered abandoned. Abandoned facilities are hereby designated as unlawful and as
6 public nuisances, requiring no amortization period. Prior to issuance of the building
7 permit for the installation of every facility, the applicant shall post a performance
S security in an amount and farm determined by the director of development services that
9 is sufficient to cover the cost of removal of the facility in the event that such facility is
10 abandoned, or if the permit has been terminated far violation of its conditions by the
11 county after hearing, or has expired, and after notice has been given to the
12 awnerloperatar by the county, no application far renewal has been filed. If the director
13 of development services determines that the facility is abandoned, the applicant maybe
14 required to remove all equipment belonging to the applicant from the premises within
15 thirty (30) calendar days of receipt of notice to abate. If such facility is not removed
16 within thirty (30) days, the county may remove the facility at the applicant's andlor land
1"1 owner's joint and several expense.
1 S (14) Except for collocation, no more than one facility maybe placed within one thousand
19 (1,000) feet of any other existing facility(s), unless visual impacts are negligible, or the
20 applicant can demonstrate that the site is a technical necessity to meet the demands of the
21 geographic service area and the applicant's network.
22 (15) All facilities are prohibited in areas of historical or aesthetic (parks, nature
23 preserves, officially designated open space that protects the scenic values of the area}
24 importance to the county, as determined by the appropriate hearing body. The installation
25 of and the permitting of facilities in areas of historical importance to the county is
26 prohibited except when: 1) no feasible alternative site exists; and, 2) a denial would
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1 constitute a prohibition an the provision of the affected wireless communications service
2 in violation of federal or state law. The burden of proof shall be on the applicant to
3 establish both conditions, pursuant to the board of supervisors hearing procure described
4 herein. All applications for facilities shall be submitted for comment to the Butte County
5 Historical Society by the planning division.
6 (16} All ground level support facilities shall be painted andlor screened from view with
7 adequate landscaping appropriate to the surrounding environment. All aesthetic
8 treatments, including landscaping shall be maintained as approved for the life of the
9 facility.
10 (17) if either the director of development services determines, in the case of an
11 administrative permit or a minor use permit, or the planning commission or board of
l2 supervisors determines, in the case of a use permit, that a proposed facility is located in
13 an area where the purpose and intent of this section, as articulated herein, would best be
14 served by limiting the duration of a permit, permits may be limited to a duration of five
15 (5) years ar conditioned upon the successful completion of a review conducted after five
16 (5} years, to determine whether the applicant is using the best available technology to
17 maximally insure visual unobtrusiveness. In such cases, the renewal of a permit or its
18 continuation may be conditioned upon the applicantlpermittee making certain
19 modifications to the facility, such that best available technology is employed to achieve
20 visual unobtrusiveness.
21 (18) Facilities may not encroach into, under, over, above, or upon any public street in the
22 unincorporated area of the county in the absence of a valid encroachment permit from
23 the county.
24 (19) The ownerloperator of each facility shall annually submit a written verification,
25 attested to under penalty of perury, signed by both the owner/operator and an FCC
26 licensee in the employ of or retained by owner/operator, that the radio frequency
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1 radiation/electromagnetic frequency (RFIEMF) emitted by a facility conforms to safety
2 standards set forth in FCC OET 65. The reports prepared for facilities shall conform to
3 reporting requirements set by the FCC and the county.
4 {20) Traffic resulting from the installation, operation, and maintenance of wireless
S communications facilities, must be kept to a minimum.
6 (21) Applicants may be required to submit a development schedule if the director of
7 development services determines that nearby property owners maybe inconvenienced
8 during construction.
9 (22} Facilities shall be secured at all times to prevent access by the public.
10 (23) Neither the applicant, nor any agent nor representative of the applicant shall
11 intentionally omit or misrepresent any material fact in connection with the application.
12 Any alleged material misrepresentation shall constitute grounds for the director of
13 development services to commence a revocation hearing, and, if proven to exist, shall
14 constitute sufficient grounds to revoke a permit.
15 (h} Agricultural Zones--Standards.
16 {1) In the Agricultural Zones {A-5 through A-160) either the director of development
17 services or the planning commission may require that facilities be painted from a height
18 of ten (id) feet above the ground, to the top of the facility with alternating aviation
19 orange and white stripes and have a flashing or steady burning light installed on the top
20 that is shielded from the ground to prevent visual impacts, unless the applicant can
21 demonstrate that such measures are not required to ensure compatibility with established
22 air navigation practices in the immediate area. All obstruction lighting shall be visually
23 inspected on a regular basis to ensure proper operation. Any lighting failure or
24 malfunction that affects a top light or flashing light regardless of its position on the tower
25 shall be reported immediately to the department of development services and remedied
2{ in a timely manner.
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1 (2) Zn Agricultural Zones (A-5 through A-160} facilities are encouraged to be located to
2 ensure compatibility with established andlar anticipated future air navigation practices
3 in the immediate area, as well as to minimize the diszuptian of agricultural land, provided
4 all other applicable site development standards are met.
5 (3} In Agricultural Zones {ATS through A-IO) 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 an 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 requirements
10 or other federal or state agency requirements.
11 (4) In Agricultural Zones (A-5 through A-10) all facilities must be aesthetically and
12 architecturallycompatible with the surrounding environment. Residentially compatible
13 materials and veneers such as wood, brick, or stucco shall be used for associated support
14 buildings, which shall be designed to architecturally match the exterior of residential
15 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-IA, SR through SR-5, R-P) or in Special Zones
19 (MBP, S-H, U, A-Z) all lighting on a facility, including identification ar warning lights
20 required by the FAA or other public agency, shall be oriented so as to not to directly
21 illuminate any area on the ground within a radius of five hundred (500) feet of the tower
22 or monopole horizontally beyond the facility site, providing that such
23 orientation/shielding complies with FAA or other federal ar state agency requirements.
24 (2) In Residential Zones (AR through AR-10, A-SR, FR-1 through FR-10, M-R, R-1
25 through R-4, R-N, RT-1 through RT-1A, SR through SR-5, R-P) or in Special Zones
26 (MHP, S-H, U, A-Z) all facilities must be aesthetically and azchitecturally compatible
17
1 with the surrounding environment. Residentially compatible materials and veneers such
2 as wood, brick, or stucco shall be used for associated support buildings, which shall be
3 designed to architecturally match the exterior of residential structures in the area.
4 (3} Tn Residential Zones (AR through AR-10, A-SR, FR-1 through FR-10, M-R, R-1
5 through R-4, R-N, RT-1 through RT-lA, SR through SR-5, R-P} or in Special Zones
6 (MHP, S-H, U, A-Z) only one (1) monopole or tower is permitted per parcel. Multiple
7 facilities may be placed on the single monopole or tower to facilitate collocation in
8 zones where permitted.
9 (j) Commercial and Industrial Zones--Standards.
10 (1) In Commercial Zones {C-1, C-2, C-C, H-C, N-C), or in Industrial Zones (L-I, M-1,
11 M-2} all facilities located within an existing office or business park shall be constructed
i 2 to be architecturally compatible with existing nearby structures or architectural styles
13 including color schemes, textures and ornamentation.
14 {k) Collocation Facilities-Protocol and Standards.
15 (A) Notwithstanding any other provision in this Section 24-262, except
16 Subparagraph {d) (Permit requirements), a "Collocation Facility," as defined herein, shall
17 be permitted, subject to the issuance of a building permit, if it satisfies the following
18 requirements:
I9 (1) The existing Wireless Telecommunications Collocation Facilitywhich
20 the Collocation Facility is proposed on or Immediately Adjacent To was subject to a
21 discretionary permit and an environmental impact report was certified, or a negative
22 declaration or mitigated negative declaration was adopted for the Wireless
23 Telecommunications Collocation Facility in compliance with the California
24 Environmental Quality Act (Division 13 (commencing with Section 21000} of the Public
25 Resources Code), the requirements of Section 21166 do not apply, and the collocation
18
1 facility incorporates required mitigation measures specified in that environmental impact
2 report, negative declaration, or mitigated negative declaration.
3 (2) The Collocation Facility is consistent with all requirements, including
4 but not limited to Use Permit conditions, applicable to the existing Wireless
5 Telecommunications Collocation Facility for which the Collocation Facility is proposed
6 on, or Immediately Adjacent To.
7 (3}The Collocation Facility shall be subject to all of the development and
$ performance standards set forth in Subdivision (E) of this Subparagraph (k}.
9 (B} If a Collocation Facility is proposed on, or Immediately Adjacent To an
10 existing Wireless Telecommunications Collocation Facility which has not been subject
l i to a County discretionary permit, asset forth in subdivision (A) of this Subparagraph (k),
12 the Wireless Telecommunications Collocation Facility shall be subject to a Minor Use
13 Permit or a Use Permit, as set forth in Subparagraph (d) (Permit requirements}, issued
14 on or after January 1, 2007, and shall comply with all of the following:
15 (1 } The California Environmental Quality Act (Division i 3 (commencing
16 with Section 21000} of the Public Resources Code) through certification of an
17 environmental impact report, or adoption of a negative declaration or mitigated negative
1$ declaration.
1 g {2} Applicable State and County requirements, including the Butte
20 County General Plan, any applicable community plan or specific plan, and the zoning
21 ordinance.
22 (3) County requirements for a Wireless Telecommunications Collocation
23 Facility that specifies types of wireless telecommunications facilities that are allowed to
24 include a Collocation Facility, or types of wireless telecommunications facilities that are
25 allowed to include certain types of Collocation Facilities; height, location, bulk, and size
26 of the Wireless Telecommunications Collocation Facility; percentage of the Wireless
14
1 Telecommunications Collocation Facility that maybe occupied by Collocation Facilities;
2 and aesthetic or design requirements far the Wireless Telecommunications Collocation
3 Facility, including but not limited to applicable requirements of this Section 24-262.
4 (4} County requirements far a proposed Collocation Facility, including
5 any types of Collocation Facilities that may be allowed on a Wireless
6 Telecommunications Collocation Facility; height, location, bulk, and size of allowed
7 Collocation Facilities; and aesthetic or design requirements for a Collocation Facility.
g (C) The County shall hold at least one public hearing an the discretionary permit
9 required pursuant to subdivision (B) above, and notice shall be given pursuant to Section
10 65091, unless otherwise required by the zoning ordinance.
11 (D} For purposes of this Subparagraph {k), the following definitions apply:
12 { 1 } "Collocation Facility" means the placement or installation of wireless
13 facilities, including antennas, and related equipment, an, or Immediately Adjacent To,
14 a Wireless Telecommunications Collocation Facility. However, "Collocation Facility"
1 S shall not include the placement or installation of any facilities on a Wireless
i 6 Telecommunications Collocation Facility which would add height to a Wireless
17 Telecommunications Facility, the placement ar installation of any new monopole or
18 tower Immediately Adjacent To a Wireless Telecommunications Collocation Facility,
19 or the placement or installation of any facilities on a Wireless Telecommunications
20 Collocation Facility in a zone in which such a facility is prohibited by this Section 24-
21 262.
22 (2} "Wireless Telecommunications Facility" means equipment and
23 network components such as towers, utility poles, transmitters, base stations, and
24 emergency power systems that are integral to providing wireless telecommunicataans
25 SerVlces.
20
1 (3) "Wireless Telecommunications Collocation Facility" means a
2 Wireless Telecommunications Facility that includes Collocation Facilities.
3 {4) "immediately Adjacent To" means within the portion of the parcel
4 upon which the Wireless Telecommunications Collocation Facility is located which is
5 subject to a lease, license, easement, use permit, ar sinular right held by a telephone
6 corporation as defined in Section 234 of the Public Utilities Code, exclusively for the
7 placement and operation of said Wireless Telecommunications Collocation Facility .
$ (E) Development and performance standazds for Collocation Facilities permitted
9 subject to the issuance of a building permit.
10 1. Submit a Hazardous Materials Release Response Pian to Butte
1 l County Environmental Health, as required by Chapter 6.95 of the California Health &
12 Safety Code, unless exempt, as determined by Butte County Environmental Health.
13 2. The installation of the Collocation Facility shall comply with all
i 4 applicable building and electrical codes, as determined by the Building Division. The
15 Collocation Facility operator shall submit certification from a registered structural
16 engineer to the Building Division that all associated Wireless Telecommunications
17 Facilities in excess of thirty (30) feet in height are capable of withstanding sustained
l $ winds, as required by the California Building Standards Code.
19 3. Prior to installation of the Collocation Facility, provide a twelve
2p { 12) foot wide all-weather access to a publicly maintained road capable of supporting a
21 forty thousand (40,000) pound fire apparatus with fifteen (15) feet of vertical clearance.
22 4. No advertising or other display shall be permitted on the
23 Collocation Facility.
24 5. The placement of the Collocation Facility shall not adversely
25 affect any on-site sewage disposal system ar its repair area, without written approval
26 from the Division of Environmental Health.
2i
1 b. The installation of the Collocation Facility shall not violate any
2 existing deed restrictions.
3 7. There shall be no outdoor vehicle or equipment storage, except for
4 emergency purposes.
5 8. The Collocation Facility shall fall within current standards and
6 regulations of the FAA, the FCC, and any other State andlar Federal agency with the
7 authority to regulate said Facility. If said standards and regulations are amended, the
8 property owner or responsible party shall bring the Collocation Facility into compliance
9 with said revised standards and regulations within ninety {94) days of the effective date
14 of the amendment to said standards and regulations, unless a more stringent compliance
11 schedule is required by any affected agency, and if a more stringent compliance schedule
12 is required by any affected agency, then the Collocation Facility shall be brought into
13 compliance with said revised standards and regulations within the required compliance
14 schedule.
15 9. Neither the Collocation Facility, nor the entire Wireless
16 Telecommunications Facility on the site shall generate, at any time, electromagnetic
i7 frequency radiation {EMF} or radio frequency radiation (RF} in excess of the FCC
18 adopted standards for human exposure, as amended over time.
19 10. if it is found that the Collocation Facility is or will be detrimental
24 to the health, safety, or welfare of persons working or residing near said Collocation
21 Facility ,then the service provider(s) and property owner shall be jointly and solely
22 responsible for the removal, adjustment, or replacement of the Collocation Facility. In
23 no case shall the said Collocation Facility remain in operation if it is found to create a
2r} hazard to health, safety, andlor welfare. The said Collocation Facility shall not be found
25 to create a hazard to health, safety, or welfare as a result of EMF ar RF emissions from
22
1 said Collocation Facility, so long as it meets all current standards established by the FCC,
2 pursuant to FCC OET 55.
3 11. Prior to issuance of the building permit required by this
4 Subparagraph {k), the applicant shall past a performance security in an amount and form
5 determined by the Director of Development Services that is sufficient to cover the cost
6 of a one-time test by a radio frequency consultant selected by the County, sufficient to
7 determine whether the Facility's RFIEMF emissions comply with FCC standards. If the
S Facility's emissions are determined to exceed FCC standards, the applicant is required
9 to pay for such other tests and other corrective measures as are necessary to establish
10 compliance with FCC OET 65 and its successors, and such noncompliance shall
11 constitute sufficient grounds to commence a public nuisance abatement hearing, which
i2 may lead to abatement of the Collocation Facility. The applicant shall cooperate in all
13 respects with the County's consultant to assist the consultant to reach hislher conclusion.
14 12. Prior to issuance of a permit required bythis Subparagraph (k), the
15 applicant shall post a performance security in an amount and form determined by the
16 Director of Development Services that is sufficient to cover the cost of removal of the
17 Facility. All Facilities that are not in continual use for a period of six (5) months shall
18 be considered abandoned. Abandoned Facilities are hereby designated as unlawful and
19 as public nuisances, requiring no amortization period, and shall constitute sufficient
20 grounds to commence a public nuisance abatement hearing, which may Lead to abatement
21 of the Collocation Facility.
22 13. The Facility may not encroach into, under, over, above, or upon
23 any public street in the unincorporated area of the County in the absence of a valid
24 encroachment permit from the County.
25 14. The ownerloperator of the Collocation Facility shall annually
25 submit a written verification, attested to under penalty of perjury, signed by both the
23
1 ownerloperator and an FCC licensee in the employ of or retained by the owner/operator,
2 that the radio frequency radiationlelectromagnetic frequency (RFIEMF} emitted by the
3 facility conforms to safety standards set forth in FCC OET b5. The reports prepared for
4 the Collocation Facility shall conform to reporting requirements set by the FCC and the
5 County. The reports shall be submitted to the Planning Division no later than January
6 31 of each year.
'7 15. The Collocation Facility shall be secured at all times to prevent
8 access by the public.
9 16. Any relocation or rearrangement of any existing public utility
10 facilities in the area to accommodate this project shall be at the expense of the developer.
11 17. There shall be no building of structures, or the storage ofmaterials
12 allowed over or under any existing public utility facilities, or inside any easements that
13 exist which would infringe on public utility easement rights.
14 18. The installation of Collocation Facilities allowed by this
15 Subparagraph {k) requires the issuance of a building permit from the Building Division.
16 The Building Division, based upon engineered calculations submitted by the applicant,
17 may determine that the Wireless Telecommunications Facility cannot safely physically
18 support the requested Collocation Facility. If this is the case, the Collocation Facility
19 allowed on the Wireless Telecommunications Facility shall only be commensurate with
20 what can be safely physically supported by the Wireless Telecommunications Facility,
21 as determined by the Building Division.
22 19. All equipment shelters, cabinets, or structures utilized or built in
23 connection with the facilities shall be located within the building being utilized for the
24 facility, or on the ground outside of any setback area or required vehicle parking space,
25 or on the roof, if visually screened.
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20. Additional facilities shall not extend out horizontally from the pole
more than the widest existing projection. The use of proximity designs is encouraged.
21. The antennas and pole shall be painted to match the color of the
existing antennas and pole or tower, and shall be painted and constructed to blend with
the prevalent architecture and natural features existing on the subject site, as determined
by the director of development services.
Section 2. Severability. If any provision of this Ordinance or the application thereof to any person or
circumstances is for any reason held to be invalid by a court of competent jurisdiction, such provision
shall be deemed severable, and the invalidity thereof shall not affect the remaining provisions or other
applications of the Ordinance which can be given effect without the invalid provision or application
thereof.
Section 3. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after the
date of its passage. The Cherk of the Board of Supervisors is authorized and directed to publish this
ordinance before the expiration of fifteen (15}days after its passage. This Ordinance shall be published
once, with the names of the members of the Board of Supervisors voting for and against it, in the
16 Enterpri GP-~ P r~r,~L, a newspaper of general circulation published in the County of Butte, State of California.
17 FASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
18 California, on the 13th day of Februar 2007, by the following vote:
19 AYES: Supervisors Connelly, Kirk, Josiassen, Xamaguchi and Chair Dolan
20 NOES: None
21 ABSENT: None
22 NOT VOTING: None ('-~,
23
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25
26
one Dolan ,Chairman of the
utt~e County Board of Supervisors
27 ATTEST:
28 PAUL McINTOSH,
zs
Chief Adam a#' e r `:"' `~'°=z~
and Clerk e ~'~ ~ _
B~ ~~~
24 Wireless 2~onununicatians Facililies Amendment (Clean).wgd
26