HomeMy WebLinkAbout40061 Ordinance 4006
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3 AN ORDINANCE AMENDING BUTTE COUNTY CODE SECTION 24-262 T
4 ESTABLISH A PROCEDURE WITHIN THE FRAMEWORK OF THE EXISTN
5 WIRELESS COMMUNICATION FACILITIES CODE TO REQUEST SETBAC
6 MODIFICATIONS FROM THE EXISTING COUNTY STANDARD OF oNE(l} FOO
~ OF FACILITY SETBACK FOR EACH ONE (1} FOOT OF TOWER HEIGHT WITHI
8 SPECIFIED NON-RESIDENTIAL ZONE DISTRICTS.
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l0 The Board of Super~'isors of the County of Butte ordains as
11 follows
12 Section 1. Section 24-262 of Article V of Chapter 24 of the
13 Butte County Code is amended to read as follows:
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24-262 Wireless communication facilities.
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16 (a) Purpose and intent. The purpose of this section is to
establish policies, procedures, and standards applicable to the
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siting and installation of wireless communication facilities as
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defined in subsection (b) below, in all zone districts. The
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goals of this section are to:
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22 (1) Encourage the location of new monopoles, towers and/oz
antennas in non-residential areas and minimize the total numbex
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of antennas throughout the county;
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(2) Encourage collocation of facilities at appropriate new anc
existing new monopoles, towers and/or antenna sites;
(3) Encourage wireless communication providers to locate new
monopoles, towers and/ar antennas in areas where the adverse
impact on residential neighborhoods, agriculture, and air
navigation is minimal;
(4) Require wireless communication providers to design and
configure wireless communication facilities in a way that
minimizes adverse visual impacts;
(5) Protect the public's interest in the safe operation o
emergency services which include, but are not limited to, ai
ambulance, medical and emergency evacuation, firefighting, la
enforcement, search and rescue, vector control, and resourc
management; and
(6) Allow reasonable opportunities for providers of wireles
communication services to provide such services to the communit
in a safe, effective, and efficient manner.
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(b) Applicability. The provisions of this section shall apply tc
all communications facilities for the transmission and/o~
reception of wireless radio, television, and other
telecommunication signals, including, but not limited to,
commercial wireless communications services (persona3
communication, cellular and paging) including, without
limitation, antennae, masts, poles, towers, structures,
buildings, additions to existing antennae, masts, poles, towers,
structures, or buil,din,gs (the facilities). Such facilities shall
be subject to all the provisions as set forth below, unless
otherwise specified in this section, notwithstanding other
existing zoning provisions and regulations of the County of
Butte.
(c) Exemptions. The following facilities axe exempt from t
requirements of this section:
(1) Small business/residential/farm facilities. Twa-way radi
communications systems operated only as an internal busines
communicatians system by owners/operators and not made availabl
to third parties, subject to the maximum height requirements fo
the zone as set forth in subsection (f)(9) of this section, an
in no event greater than fifty (50) feet in height and privatel
operated noncommercial facilities attendant to a residential
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noncommercial use or uses, including, but not limited to,
amateur radio facilities of less than sixty-five (65) feet in
height and noncommercial television receive antennas, subject tc
the maximum height requirements for the zone, as set forth ir.
subsection {f){4) of this section, and in no event greater thar.
fifty {50) feet in height and satellite dish (television receive
only) antennas no greater than two (2) meters in diameter whicY~
are used for noncommercial purposes by the residential user,
providing all such facilities are exempt from demonstratinc
radio-frequency emission compliance from Federal Communications
Commission {FCC) regulation pursuant to FCC Office of
Engineering Technology ("OET") Bulletin No. 65 entitlec
"Evaluating Compliance with FCC Guidelines for Human Exposure tc
Radio Frequency Electromagnetic Fields" (August 1997 or later
revisions or successors thereto) (hereinafter, "FCC OET 65").
This exemption does not apply to any facility not categorically
exempt from FCC regulation pursuant to FCC OET 65, nor does it
apply to facilities operated, leased to, or used by commor
carriers, or wireless communications providers, or personal
communications systems {PCS) providers, or cellulaz
communications providers or specialized mobile rada.o (SMR)
communications providers, nor does this exemption apply tc
television and/or radio broadcast facilities.
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(2} Government. Government owned communications facilities to b€
used primarily to protect public, health, safety and welfare,
all as determined by the planning division of the department of
development services.
(3} Facilities exempted under federal or state law. Any facilit
specifically exempted under federal or state law.
(4} Emergency facilities. Temporary facilities erected anc
operated for emergency situations which are approved in writinc
in advance of installation by the director of development
services. EJses of such facilities must not exceed two (2} weeks,
unless an extension is granted in writing by the director of
development services.
(5} Repair or replacement of a lawfully established existinc
facility, so long as the repair or replacement does not involve
modifications to the facility which add height, changes the
appearance, in a visually or physically obtrusive manner, or
increases its effective radiated power.
(d} Permit requirements. All facilities are subject to th
following land use permitting requirements in specified zon
districts, in addition to all applicable requirements of thi
chapter.
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PERMIT REQUIREMENTS
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TPZ-1.60 . MUP . MUP BP : MUP AP : UPS
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IIP-Q --~I~UL? ~ MUP BP j MUP 1 AP - ~4Y~~
RBP MUP MUP BP IMU~P jAP P
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'R-C MUP ~~MUP iBP ,MUP SAP !P ~~
P - Prohibited
AP- Administrative Permit
MUP - Minor Use Permit
UP - Use Permit
BP - Building Permit
~ ~"acilities are prohibited from locating in these zones o
within one thousand (1,000) feet of these zones, or within on
thousand (1,000) feet of the property line of any parcel withi
any residential zone in any incorporated city in the County o
Butte or in any incorporated or unincorporated area of anothe
county. The installation of and the permitting of facilities i
these areas is prohibited except when: (1) no feasibl
alternative site exists; and (2) a denial would constitute
prohibition on the provision of the affected wireles
communications service in violation of federal or state law. Th
burden of proof shall be on the applicant to establish bot
conditions. A use permit is required in these zones or withi
one thousand (1,000) feet of these zones should both exception
herein be met by the applicant.
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z Utility pole mounted facilities may be located within Rl to R4,
R-N, RT--1, SR to SR-5, R-P, S-H and MHP zones with an approve
minor use permit.
3 Notwithstanding any other provision of the Butte County Code,
whenever an applicant proposing a facility in any prohibitec
area or of any prohibited height or configuration, such that
this section, imposes the burden of proof on such applicant t
show that: (1) no feasible alternative site exists; and (2)
denial would constitute a prohibition on the provision of t
affected wireless communications service in violation of feder
or state law; a hearing shall be held on the above two (2)
issues before a Hearing Officer. All such hearings conduct
shall be held before a Hearing Officer designated pursuant t
the protocol set forth in that document entitled the "Butt
County Administrative Hearing Officer Program." The Program i
based upon an alphabetical rotation through attorneys currentl
under contract through the Program. At such hearing, th
applicant shall have the burden of producing evidence and th
burden of proving the above two (2) conditions through competen
evidence introduced into the record. The Hearing Officer ma
allow others the same opportunity to present evidence at th
hearing. The formal rules of evidence shall not apply at suc
hearings. A presumption shall exist as to the lack of the tw
(2) conditions. The decision of the Hearing Officer shall be
sustained if it is supported by competent evidence contained ir.
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the record. At the conclusion of the hearing, the Hearinc
Officer sha11 determine, based upon the evidence in the record,
whether the applicant has met the burden of proof, make finding
based on the evidence presented, and refer the applicant's
proposal back to the planning commission for further proceedings
on the applicant's proposal consistent with the Hearinc
Officer's findings.
9 After January 7., 2007, a Collocation Facility meeting specifies
requirements may be installed in a zone in which wireless
communications facilities are permitted upon securing a buildinc
permit, pursuant to Government Code Sections 65850.6 and 65964.
Pursuant to these Sections of the Government Code, a Collocatior.
Facility installed on a Wireless Telecommunications Facility i~
a permitted use, if the Wireless Telecommunications Facility was
previously subject to a city or county discretionary permit
process, within which there was fu11 CEQA compliance. Such s
Collocation Facility shall be subject to all applicably
requirements of this section, including subsection (k).
s Setback reductions may be requested as part of the Use Permit
approval process. Modifications of setback standards must adherE
to criteria described in Section (g)(3) of this Code.
(e) Application requirements. At a minimum each application for
a facility permit shall include the following:
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(1) All application materials generally contained in the',
submittal requirements for the type of permit required.
Incomplete applications shall not be accepted.
(2)Statement of justification.
a. Includes a description of the proposed facility, including
the type of facility being requested.
b. Height from natural grade to the top of proposed facility.
c. Support equipment proposed.
d. RFR/EMF and wattage output data including the number of
channels.
le. Horizontal and vertical location coordinates.
(3) Proposed elevations of the structure and any accessor
buildings, including building height and other physica
dimensions, drawn to graphic scale.
(4) Visual impact assessment, photo montages, mock-ups a
determined by the director of development services or plannin
commission. 'The assessment shall identify any proposed trimmin
of vegetation that will be required for the normal operation o
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kthe
facility. Stealth technology is encouraged.
(5} A discussion of and supporting information regarding th
alternative site selection of at least a minimum of three (3} t
four (4} other sites, if available, including collocatio
opportunities, and a statement as to why these alternative site
and/or collocation opportunities were rejected.
(6) A complete service area map showing the entire wireles
communications network of the provider's twenty (20) miles i
all directions from the proposed site for the time period fro
the filing of the application to twelve (12} months from th
filing of the application, for the purpose of visually aidin
cumulative environmental analysis, with and without the propose
facility or facilities, showing all hand-off sites within th
above specified area.
(7} A graphic depiction of the search ring and all othe
technical criteria used in determining the proposed facilit
location.
(8} Documentation which identifies failure characteristics o
the facility structure or tower and demonstrates that the sit
and setbacks are of adequate size to contain falling debris
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(9) Written evidence demonstrating that the selected facilit
structure or tower design is as visually unobtrusive a
possible, given technical and engineering considerations, whic
indicate what type of facility is required to provide reasonabl
effective service and also the best technology and/o
construction available to maximally achieve visua
unobtrusiveness. The use of best available technology and/o
construction to maximally achieve visual unobtrusiveness i
mandatary.
(10) Applicants which operate common carrier facilities
(specifically, but not limited to cellular, PCS, SMR and paginc
service licensees of the FCC) shall provide written evidencE
that the applicant has provided notice to all FCC licensee
wireless communications service carriers operating within the
County of Butte of the plans to develop the site.
(11) Evidence of a valid, current operating license or
construction permit from the FCC or, if the applicant is not a
wireless communications service provider, a user operating
agreement far each and every such provider to which the
applicant intends to rent space on the proposed facility.
(12) A report, signed by a qualified radio frequency enginee
'licensed by the FCC, prepared pursuant to FCC OET 65, statin
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whether the maximum radio frequency radiation/electromagnetic
radiation (RF/EMF} to be emitted by the proposed facility,
taking into account all other facilities, both existing anc
known future facilities, at the proposed site and adjacent
properties, conforms to safety standards adopted by the FCC, i~
applicable. The reports prepared for facilities shall conform tc
the reporting requirements set by the county and FCC OET 6_`
human exposure standards. The report sha11 also analyze the
evidence provided in support of the proposed facility location,
height and radiated power, frequency, the number of channels,
and all other related data and present alternatives for the
location, height and radiated power, pursuant to th
requirements of this section. If the proposed facility exceed
FCC OET 65 human exposure standards, applicant sha11 als
provide additional comprehensive technical and plannin
information regarding how the applicant shall protect al
persons from such excessive exposure consistent with all federal
and state requirements, and any additional county requirements.
x(13) Landscaping and painting plans for the completed project.
(14} Projects in agricultural zones (A-5 through A--160) shall,
prior to submitting an application far a proposed facility,
submit a site plan of the proposed facility to the Butte County
',Agricultural Commissioner for comment and send a notification
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1letter to all aerial agricultural applicators registered in
county informing them of the proposed site location and towe
height. No hearing on an application for a proposed facility i
any agricultural zone will be scheduled, nor shall an
administrative permit for any such facility be issued withou
proof that the Butte County Agricultural Commissioner and al
aerial agricultural applicators registered in the county hav
been notified, as specified herein.
(15) All applications far facilities that are proposed to b
located within the boundaries of any comprehensive airport ion
use plan or airport area of influence, as adopted or designate
from time to time by the Butte County Airport Land Us
Commission, shall be submitted to the department of developmen
services, planning division, and a copy submitted to the Butt
County Airport Land Use Commission for review regardin
consistency with adopted comprehensive airport land use plan
and for recommendations addressing potential impacts to ai
navigation within the airport area of influence
x(15) The county may in its sole discretion retain an independent
consultant to review either individual elements of or the entir
application and advise the county at the applicant's sole
expense.
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~(f) Development criteria for wireless communication fac.ilities.~
(~.) Building facade mounted facilities are subject to the
following criteria:
a. All portions of facilities projecting above the roof parapet
or roof line shall be screened or hidden from view.
b. The total of all facility panels shall eat exceed greater o
ten (lq) percent of the square footage of the facade of th
building or twenty-five (25) square feet per facade
c. All equipment shelters, cabinets, or other structure
utilized or built in connection with the facility shall b
located within the building being utilized for the facility, a
on the ground outside of arty setback area or required vehicl
parking space, or on the roof, if screened.
d. The lowest portion of all facilities shall be located a
minimum of twenty (20) feet above grade level.
e. No portion of the facility shall project out in any directior
more than eighteen (18? inches froze the facade of the building.
~f. Facilities shall be constructed ar mounted and painted tc
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blend with the predominant architecture of the building and/o
shall appear to be part of the building to which the facility i
attached.
(2) Roof mounted facilities are subject to the followin
criteria:
a. All equipment shelters, cabinets, or structures utilized o
built in connection with the facilities shall be located withi
the building being utilized for the antenna, or on the grown
outside of any setback area or required vehicle parking space
or on the roof, if visually screened.
b. Facilities affixed to towers located on the roof of building
shall be located as close to the center of the roof as feasibly
and aesthetically possible, and the height of the tower shall
not exceed twenty (20) feet above the roof top.
(3) New monopoles or towers are subject to the following
criteria:
a. In addition to the notice requirements of section 24-25.25,
new monopoles or towers proposed in or within one thousand
(1,000) feet of Agricultural Zones (A-5 through A-10),
Residential Zones (AR through AR-10, A-SR, FR-1 through FR-10,
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M-R, R-1 through R-4, R-N, RT-~. through RT-1A, SR through SR-5,
R-P) or Special Zones (MHP, S-H, U, A-Z) require written notice,
in a manner approved by the director of development services, to
be given to owners of parcels located within a minimum radius o
one thousand (1,000) feet of the parcel on which the propose
monopole or tower will be located.
b. Monopoles or towers in Agricultural Zones (A-5 through A-10},
Residential Zones (R-1 through R-4, R-N, RT-1 through RT-1A, SF
through SR-5, R-P) or in a Special Zone (Zones MHP, S-H, A-Z}
shall not exceed thirty (30} feet in height. The installation o~
and the permitting of facilities over thirty (30) feet in height
is prohibited except when: (1) no feasible alternative site
exists; and, (2) a denial. would constitute a prohibition on the
provision of the affected wireless communications service it
violation of federal or state law. The burden of proof shall be
on the applicant to establish both conditions.
(4) Facilities mounted on an existing utility pole or within a
antenna farm are subject to the administrative permit or mina
use permit process, subject to the following criteria:
antenna farm is a lawfully established, prior to the effective
date of this section, Wireless Communication Facility, which
contains three (3) or more existing towers or monopoles on a
single parcel or (defined as a grouping of three (3) or more
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lawfully established antenna towers or structures within
diameter of three hundred (300) feet from the center-mos
antenna tower or structure).
a. The facility does not encroach into, under, over, or upon and
public street in the unincorporated area of the county in the
absence of a valid encroachment permit from the county.
b. The facility must meet or fall within current standards an
regulations of the FAA, the FCC, the County and any other agenc
of the federal or state government with the authority t
regulate such facilities.
c. The facility must meet all application requirements and
applicable standards of this Code.
(g) General standards.
(1) The minimum lot area for a new wireless communicatio
facility sha11 be based on required setbacks.
(2) All facilities shall meet the fallowing minimum setbac
requirements.
a. In Agricultural hones (A-5 through A-160), all new facilities
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Ishall be located on a lot so that the distance from the base o
the facility to the parcel ar lot boundary is equal to oz
greater than the height of the facility, except: (1) If locatec
adjacent to an existing structure such as a barn, rice dryer, or
other existing facility such that the facility will blend wits
the surrounding area: or, (2) Tf adjacent property owner(s)
consents in writing to a lesser distance, then the minimun
setback distance required by the zone applies. Additional
setback modifications may be permitted, as described in (g)(3)
below.
b. In Residential Zones (AR through AR--10, A--SR, FR-1 througr
FR-10, M-R, R-1 through R-4, R-N, RT-1 through RT-1A, SR througr
SR-5, R-P) , approved PUD' s, or Special Zones (MHP, S-H, U, A-Z) ,
or sites located within 300 feet of legally-establishes
Residential dwellings, all new facilities shall be lacated an G
lot so that the distance from the base of the facility to th
parcel or lot baundary is equal to or greater than the height o
the facility. No setback modifications are permitted withi
these areas.
c. In Commercial Zones (C-1, C-2, C-C, H-C, N-C), Industria
Zones (L-1, M-1, M-2), the TM 1 through TM-160 zone, and th
TPZ-150 zone, all new facilities shall be located on a lot s
that the distance from the base of the facility to the parcel ar
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lot boundary is equal to or greater than the height of th
facility. Setback modifications may be permitted, as describe
in (g) (3) below.
(3) Setback modifications may be permitted for new wireless
communication facilities, as approved as part of the applicable
project review process. Guidelines for the modification of
setback standards are included in (g)(3)(a) and (g)(3)(b) below.
a. For Lands located within a permitted Non-Residential Zone
District (A-5 through A-160, C-1, C-2, C-C, H-C, N-C, L-1, M-1,
M-2, TM--1 through TM-160, TPZ-160) and located more than 1,000
feet from any Residential. Zone District or existing legally-
established Residential dwellings, setback modifications may be
allowed as part of the applicable project review process if the
proposed modification adheres to the following criteria:
i. Setback distances for the facility cannot be less than
setbacks for primary structures in the applicable zone district,
or a minimum of 20 feet, whichever is greater;
ii. The facility is not located within an area designated within
a scenic overlay designation or S-H Zone classification;
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iii. The facility is not located within 500 feet of any buildin
or feature located on a local or state historic ar cultura
significance list;
iv. The facility is not incompatible or inconsistent with a
adopted airport land use plan, nor would interfere wit
agricultural aircraft operations;
v. The facility does not create a hazardous condition to t
general health, safety, and/or welfare.
vi. Modifications of setback standards would not interfere wi
other standards or requirements addressed within this Code.
b. For lands located within a permitted Non-Residential ZonE
District (A-5 through A-x.60, C-~., C-2, C-C, H-C, N-C, L-l, M-1,
M-2, TM 1 through TM--160, TPZ-160} and located between 300 feet
and 1,000 feet from any Residential Zone District or legally-
established Residential dwellings, setback modifications may bE
allowed as part of the applicable project review process if the
proposed modification adheres to the following criteria:
i. The facility complies with all conditions stated in (3)(a)
above;
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ii. All lighting on the proposed facility, includin
identification or warning lights required by the FAA or othe
public agency, is oriented so as to not directly illuminate an
residential use on the ground, providing that suc
orientation/shielding complies with FAA or other federal o
state agency requirements.
iii. The facility must be aesthetically and architecturall
compatible with the surrounding environment. The new pol
facility shall incorporate slam-line technology, stealt
camouflaging features, and/or neutral colors;
iv. Associated support buildings shall be designed t
architecturally match the exterior of buildings in th
surrounding area.
(4) A11 facilities shall be designed for the minimum functiona
height required. The height of a facility shall be measured fro
the natural, undisturbed ground surface below the center of th
base of said monopole or tower to the top of the monopole o
tower itself or, if higher, the tip of the highest antenna o
piece of equipment attached thereto. The use of best availabl
technology and/or construction to achieve maximal visua
unobtrusiveness is mandatory.
(5) The installation of any facility shall comply with all
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applicable building and electrical codes. All facility operator
shall submit certification from a registered structural enginee
to the building division that all associated monopoles an
towers in excess of thirty (30) feet in height will withstan
sustained winds as required by the California Building Code.
(6) No advertising or display is permitted on any facility.
(7) The placement of any antenna sha11 not adversely affect and;
on-site sewage disposal system or its repair area without
written approval from the division of environmental health.
(8) The installation of a facility shall not violate any
existing deed restrictions.
(9) All facilities shall have a twelve (12) foot wide all-
weather access to a publicly maintained road capable of
supporting a forty thousand (40,000) pound fire apparatus wits
fifteen (15) feet of vertical clearance.
(10) There shall be no outdoor vehicle or equipment stora
except for emergency purposes.
(11) All facilities must fall within current standards and
regulations of the FAA, the FCC, and any other state and/or
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federal agency with the authority to regulate such facilities.
If such standards and regulations are changed, the propert
owner or responsible party sha11 bring such facilities into
compliance with such revised standards and regulations withi
ninety (90} days of the effective date of such standards and,
regulations, unless a more stringent compliance schedule is
mandated by the controlling agency.
(12) No facility or combination of facilities shall generate, a
any time, electromagnetic frequency radiation (EMF} or radi
frequency radiation (RF} in excess of the FCC adopted standard
for human exposure, as amended over time.
(13) If it is found that facilities are or will be detrimenta
to the health, safety, or welfare of persons working or residin
near such facilities, then the service providers) and property
owner shall be jointly and solely responsible for the removal,
adjustment, or replacement of the facilities. In no case shall
facility remain in operation if it is found to create a hazarc
to health, safety, and welfare. A facility shall not be found tc
create a hazard to health, safety, or welfare as a result of EME
or RF emissions from the facility so long as it meets ala
current standards established by the FCC, pursuant to FCC OE7
65. Prior to issuance of the building permit for the
installation of every facility, the applicant shall post
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performance security in an amount and form determined by th
director of development services that is sufficient to cover th
cost of a one--time test by a radio frequency consultant selecte
by the county, sufficient to determine whether the facility'
RF/EMF emissions comply with FCC standards. If the Facility'
emissions are determined to exceed FCC standards, the applican
is required to pay for such other tests and other correctiv
measures as are necessary to establish compliance with FCC OE
65 and its successors and such noncompliance shall constitut
sufficient grounds to commence a permit revocation hearing whic
may lead to permit revocation. The applicant shall cooperate i
all respects with the county's consultant to assist th
consultant to reach his/her conclusion.
(14) All facilities that are not in continual use for a peri
of six (6) months shall be considered abandoned. Abandone
facilities are hereby designated as unlawful and as public
nuisances, requiring no amortization period. Prior to issuancE
of the building permit for the installation of every facility,
the applicant shall post a performance security in an amount anc
form determined by the director of development services that is
sufficient to cover the cost of removal of the facility in th
event that such facility is abandoned, or if the permit has bee
terminated for violation of its conditions by the county afte
hearing, or has expired, and after notice has been given to the
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owner/operator by the county, no application far renewal ha:
been filed. If the director of development services determine
that the facility is abandoned, the applicant may be required tc
remove all equipment belonging to the applicant from the
premises within thirty (30) calendar days of receipt of notice
to abate. If such facility is not removed within thirty (30)
days, the county may remove the facility at the applicant':
and/or land owner's joint and several expense.
(15) Except for collocation, no mare than one (1) facility ma
be placed within one thousand (1,000) feet of any other existin
facility(s), unless visual impacts are negligible, or th
applicant can demonstrate that the site is a technical necessit
to meet the demands of the geographic service area and th
applicant's network.
(16) All facilities are prohibited in areas of historical o
aesthetic (parks, nature preserves, officially designated ope
space that protects the scenic values of the area) importance tc
the county, as determined by the appropriate hearing body. ThE
installation of and the permitting of facilities in areas of
historical importance to the county is prohibited except when:
(1) no feasible alternative site exists; and, (2) a denial woulc
constitute a prohibition on the provision of the affected
wireless communications service in violation of federal or state
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law. The burden of proof shall be on the applicant to establish
both conditions, pursuant to the board of supervisors hearing
procedure described herein. A11 applications for facilities
sha11 be submitted for comment to the Butte County Historical
Society by the planning division.
(17} All ground 1eve1 support facilities shall be painted and/o
screened from view with adequate Landscaping appropriate to th
surrounding environment. A11 aesthetic treatments, includin
landscaping shall be maintained as approved for the life of th
facility.
(18} If either the director of development services determines
in the case of an administrative permit or a minor use permit
or the planning commission ox board of supervisors determines
in the case of a use permit, that a proposed facility is locate
in an area where the purpose and intent of this section, a
articulated herein, would best be served by limiting th
duration of a permit, permits may be limited to a duration o
five (5} years or conditioned upon the successful completion o
a review conducted after five (5} years, to determine whethe
the applicant is using the best available technology t
maximally insure visual unobtrusiveness. In such cases, th
renewal of a permit or its continuation may be conditioned upo
the applicant/permittee making certain modifications to th
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facility, such that best available technology is employed tc
achieve visual unobtrusiveness.
(19} Facilities may not encroach into, under, over, above, o
upon any public street in the unincorporated area of the count
in the absence of a valid encroachment permit from the county
(20) The owner/aperatar of each facility sha11 annually submit a
written verification, attested to under penalty of perjury,
signed by both the owner/operator and an FCC licensee in the
employ of or retained by owner/operator, that the radic
frequency radiation/electromagnetic frequency (RF/EMF) emitter
by a facility conforms to safety standards set forth in FCC OFT
65. The reports prepared for facilities shall conform tc
reporting requirements set by the FCC and the county.
(21) Traffic resulting from the installation, operation, an
maintenance of wireless communications facilities, must be kep
to a minimum.
(22) Applicants may be required to submit a development schedul
if the director of development services determines that nearb
property owners may be inconvenienced during construction
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(23) Facilities shall be secured at a1.1 tames to prevent acces
by the public.
(24) Neither the applicant, nor any agent nor representative o
the applicant shall intentionally omit or misrepresent an
material fact in connection with the application. Any allege
material misrepresentation shall constitute grounds for th
director of development services to commence a revocatio
hearing, and, if proven to exist, shall. constitute sufficien
grounds to revoke a permit.
(h) Agricultural Zones-°-Standards.
(1) In the Agricultural Zones (A-5 through A-~.6a} either the
director of development services or the planning commission mad,
require that facilities be painted from a height of ten (10)
feet above the ground, to the top of the facility witY
alternating aviation orange and white stripes and have
flashing or steady burning light installed on the top that is
shielded from the ground to prevent visual impacts, unless the
applicant can demonstrate that such measures are not required tc
ensure compatibility with established air navigation practice:
an the immediate area. All obstruction lighting shall bE
visually inspected on a regular basis to ensure proper
operation. Any lighting failure or malfunction that affects
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top light or flashing light regardless of its position on the
tower shall be reported immediately to the department of
development services and remedied in a timely manner.
(2) In Agricultural Zones (A-5 through A-160) facilities ar
encouraged to be located to ensure compatibility wit
established and/or anticipated future air navigation practice
in the immediate area, as well as to minimize the disruption o
agricultural land, provided all other applicable sit
development standards are met.
(3} In Agricultural Zones (A-5 through A-10) all lighting on
facility, including identification or warning lights required b
the FAA or other public agency, shall be oriented/shielded so a
not to directly illuminate any area on the ground within
radius of five hundred (500) feet of the tower or monopol
horizontally beyond the facility site, providing that suc
orientation/shielding complies with FAA requirements or athe
federal or state agency requirements.
(4) In Agricultural Zones (A-5 through A~-10) all facilities mus
be aesthetically and architecturally compatible with th
surrounding environment. Residentially compatible materials an
veneers such as wood, brick, or stucco shall be used fo
associated support buildings, which shall be designed t
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architecturally match the exterior of residential structures
the area.
~(i) Residential Zones-Standards.
(~.} zn Residential Zones (AR through AR-10, A-SR, FR-1 throng
FR-10, M-R, R-1 through R-4, R-N, RT- 1 through RT-1A, S
through SR-5, R-P} or in Special Zones (MHP, S-H, U, A-Z} al
lighting on a facility, including identification or warnin
lights required by the FAA or other public agency, shall b
oriented so as to not to directly illuminate any area on th
ground within a radius of five hundred (500} feet of the towe
or monopole horizontally beyond the facility site, providin
that such orientation/shielding complies with FAA ox othe
federal ar state agency requirements.
(2} xn Residential Zones (AR through AR-10, A-SR, FR-1 throng
FR-10, M-R, R-1 through R-4, R-N, RT-1 through RT-lA, SR throng
SR-5, R-P) or in Special Zones (MHP, S-H, U, A-Z) all facilitie
must be aesthetically and architecturally compatible with th
surrounding environment. Residentially compatible materials an
veneers such as wood, brick, or stucco shall be used fo
associated support buildings, which shall be designed t
architecturally match the exterior of residential structures i
the area.
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(3) In Residential Zones (AR through AR-10, A-SR, FR-1 througr
FR-10, M-R, R-1 through R-4, R-N, RT-1 through RT-1A, SR through
SR-5, R-P} or in Special Zones (MHP, S-H, U, A-Z} only one (1}
monopole or tower is permitted per parcel. Multiple facilities
may be placed on the single monopole or tower to facilitatE
collocation in zones where permitted.
(j) Commercial and Industrial Zones-Standards.
(1) In Commercial Zones (C- 1 C-2, C-C, H-C, N-C}, or i
Industrial. Zones (L-I, M-1, M-2) all facilities located withi
an existing office or business park shall be constructed to b
architecturally compatible with existing nearby structures o
architectural styles including color schemes, textures an
ornamentation.
(k) Collocation Facilities-Protocol and Standards.
(A) Notwithstanding any other provision in this section, excep
subsection (d) (Permit requirements), a "Collocation Facility,
as defined herein, shall be permitted, subject to the issuanc
of a building permit, if it satisfies the followin
requirements:
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(1) The existing Wireless Telecommunications Collocatior
Facility which the Collocation Facility is proposed on or
immediately adjacent to was subject to a discretionary permit
and an environmental impact report was certified, or a negative
declaration or mitigated negative declaration was adapted for
the Wireless Telecommunications Collocation Facility it
compliance with the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public
Resources Cade), the requirements of Section 2.166 do not apply,
and the collocation facility incorporates required mitigation
measures specified in that environmental .impact report, negative
declaration, or mitigated negative declaration.
(2) The Collocation Facility is consistent with a1]
requirements, including but not limited to Use Permit
conditions, applicable to the existing Wirelesti
Telecommunications Collocation Facility for which the
Collocation Facility is proposed on, or immediately adjacent to.
(3) The Collocation Facility shall be subject to all of th
development and performance standards set forth in subsectio
(k) (E) of this section.
(B) If a Collocation Facility is proposed on, or immediatel
adjacent to an existing Wireless Telecommunications Collocatia
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Facility which has not been subject to a County discretionary,
permit, as set forth in subsection (k}(A}, the Wireless
Telecommunications Collocation Facility shall be subject to
Minor Use Permit or a Use Permit, as set forth in subsection (d}
(Permit requirements), issued on or after January 1, 2007, anc
shall comply with all of the following:
(1} The California Environmental Quality Act (Division l~
(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.
(2) Applicable State and County requirements, including the
Butte County General Plan, any applicable community plan or
specific plan, and the zoning ordinance,
(3) County requirements for a Wireless Telecommunication
Collocation Facility that specifies types of wireles
telecommunications facilities that are allowed to include
Collocation Facility, or types of wireless telecommunication
facilities that are allowed to include certain types o
Collocation Facilities; height, location, bulk, and size of th
Wireless Telecommunications Collocation Facility; percentage o
the Wireless Telecommunications Collocation Facility that may b
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occupied by Collocation Facilities; and aesthetic or design
requirements for the Wireless Telecommunications Collocation
Facility, including but not limited to applicable requirements
of this section.
(4) County requirements for a pxoposed 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.
(C} The County sha11 hold at least one (1} public hearing on the
discretionary permit required pursuant to subsection (k}(B}
above, and notice shall be given pursuant to Section 65091,
unless otherwise required by the zoning ordinance.
(D} For purposes of this subsection, the following definitions
apply:
(1} "Collocation Facility" means the placement or installatio
of wireless facilities, including antennas, and relate
equipment, on, or immediately adjacent to, a Wireles
Telecommunications Collocation Facility. However, "Collocatio
Facility" shall not include the placement or installation of an
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facilities on a Wireless Telecommunications Collocation Facilit
which would add height to a Wireless Telecommunication
Facility, the placement or installation of any new monopole o
tower immediately adjacent to a Wireless Telecommunication
Collocation Facility, or the placement or installation of an
facilities on a Wireless Telecommunications Collocation Facilit
in a zone in which such a facility is prohibited by the
section.
(2) "Wireless Telecommunications Facility" means equipment anc
network components such as towers, utility poles, transmitters,
base stations, and emergency power systems that are integral tc
providing wireless telecommunications services.
(3) "Wireless Telecommunications Collocation Facility" means
Wireless Telecommunications Facility that includes Collocate
Facilities.
(4) "immediately adjacent to" means within the portion of the
parcel upon which the Wireless Telecommunications Collocation
Facility is located which is subject to a lease, license,
easement, use permit, or similar right held by a telephonE
corporation as defined in Section 234 of the Public €ltilitie:
Code, exclusively for the placement and operation of saic
Wireless Telecommunications Collocation Facility.
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(E) Development and performance standards for Collocatior
Facilities permitted subject to the issuance of a buildinc
permit.
1. Submit a Hazardous Materials Release Response Plan to Butte
County Environmental Health, as required by Chapter 5.95 of the
California Health and Safety Code, unless exempt, as determinec
by Butte County Environmental Health.
2. The installation of the Collocation Facility sha11 comply
with all applicable building and electrical codes, as determinec
by the Building Division. The Collocation Facility operator
shall submit certification from a registered structural engineer
to the Building Division that all associated Wireless
Telecommunications Facilities in excess of thirty (30) feet it
height are capable of withstanding sustained winds, as requirec
by the California Building Standards Cade.
3. Prior to installation of the Collocation Facility, provide c
twelve (12) foot wide all-weather access to a publicly
maintained road capable of supporting a forty thousand (40,000)
pound fire apparatus with fifteen (15) feet of vertical
clearance.
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4. No advertising or other display shall be permitted on th
Collocation Facility.
5. The placement of the Collocation Facility shall not adversely
affect any on-site sewage disposal. system or its repair area,
without written approval from the Division of Environmental
Health.
6. The installation of the Collocatian Facility shall not
violate any existing deed restrictions.
7. There shall be no outdoor vehicle or equipment storage,
except for emergency purposes.
8. The Collocation Facility shall fall within current standard
and regulations of the FAA, the FCC, anal any other State and/o
Federal agency with the authority to regulate said Facility. I
said standards and regulations are amended, the property owne
or responsible party shall bring the Collocation Facility int
compliance with said revised standards and regulations withi
ninety (90) days of the effective date of the amendment to sai
standards and regulations, unless a more stringent compliant
schedule is required by any affected agency, and if a mor
stringent compliance schedule is required by any affecte
agency, then the Collacation Facility sha11 be brought int
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compliance with said revised standards and regulations withi
the required compliance schedule.
9. l~either the Collocation Facility, nor the entire Wireless
Telecommunications Facility on the site shall generate, at and
time, electromagnetic frequency radiation (FMF) or radic
frequency radiation (RF) in excess of the FCC adopted standard
for human exposure, as amended over time.
10. If it is found that the Collocation Facility is or will
detrimental to the health, safety, or welfare of persons workin
or residing near said Collocation Facility then the servic
provider(s) and property owner shall be jointly and solel
responsible for the removal, adjustment, or replacement of th
Collocation Facility. In no case shall the said Collocatio
Facility remain in operation if it is found to create a bazar
to health, safety, and/or welfare. The said Collocation Facilit
shall not be found to create a hazard to health, safety, o
welfare as a result of FMF or RF emissions from said Collocate
Facility, so long as it meets all current standards establishe
by the FCC, pursuant to FCC OET 65.
~.~.. Prior to issuance of the building permit required by the
subsection, the applicant shall past a performance security i
an amount and form determined by the Director of Developmen
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Services that is sufficient to cover the cost of a one-time test
by a radio frequency consultant selected by the County,
sufficient to determine whether the Facility's RF/EMF emission
comply with FCC standards. If the Facility's emissions are
determined to exceed FCC standards, the applicant is required tc
spay for such other tests and other corrective measures as are
necessary to establish compliance with FCC OET 65 and it~
successors, and such noncompliance shall constitute sufficient
grounds to commence a public nuisance abatement hearing, whicr
may lead to abatement of the Collocation Facility. The applicant
shall cooperate in all respects with the County' s consultant tc
assist the consultant to reach his/her conclusion.
~12. Prior to issuance of a permit required by this subsection,
the applicant shall post a performance security in an amount anc
form determined by the. Director of Development Services that i~
sufficient to cover the cost of removal of the Facility. Ali
Facilities that are not in continual use for a period of six (6)
months shall be considered abandoned. Abandoned Facilities arE
hereby designated as unlawful and as public nuisances, requirinc
no amortization period, and shall constitute sufficient ground
to commence a public nuisance abatement hearing, which may leas
to abatement of the Collocation Facility.
13. The Facility may not encroach into, under, over, above, o~
upon any public street in the unincorporated area of the Count
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in the absence of a valid encroachment permit from the County.
14. The owner/operator of the Collocation Facility shall
annually submit a written verification, attested to under
penalty of perjury, signed by both the owner/operator and an FCC
licensee in the employ of or retained by the owner/operator,
that the radio frequency radiation/electromagnetic frequency
(RF/EMF) emitted by the facility conforms to safety standard
set forth in FCC OET 65. The reports prepared for the
Collocation Facility sha11 conform to reporting requirements set
by the FCC and the County. The reports sha11 be submitted to the
Planning Division no later than January 31st of each year.
15. The Collocation Facility shall be secured at all times t
prevent access by the public.
16. Any relocation or rearrangement of any existing publi
utility facilities in the area to accommodate this project shal
be at the expense of the developer.
17. There shall be no building of structures, or the storage o
materials allowed over or under any existing public utilit
facilities, or inside any easements that exist which wool
infringe on public utility easement rights.
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18. The installation of Collocation Facilities allowed by this
subsection requires the issuance of a building permit from the
Building Division. The Building Division, based upon engineerec
calculations submitted by the applicant, may determine that the
Wireless Telecommunications Facility cannot safely physically
support the requested Collocation Facility. If this is the case,
the Collocation Facility allowed on the Wireless
Telecommunications Facility shall only be commensurate with what
can be safely physically supported by the Wireless
Telecommunications Facility, as determined by the Buildinc
Division.
19. All equipment shelters, cabinets, or structures utilized o
built in connection with the facilities shall be located withi
the building being utilized for the facility, or on the groan
outside of any setback area or required vehicle parking space
or on the roof, if visually screened.
20. Additional facilities shall not extend out horizontally fro
the pole more than the widest existing projection. The use o
proximity designs is encouraged.
21. The antennas and pole shall be painted to match the color o
the existing antennas and pole ar tower, and shall be painte
and constructed to blend with the prevalent architecture an
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natural features existing on the subject site, as determined
the director of development services.
Section 2. Severability.
If any provision of this Ordinance or the applicatio
thereof to any person or circumstances is for any reason held t
be invalid by a court of competent jurisdiction, such provisio
shall be deemed severable, and the invalidity thereof shall no
affect the remaining provisions or other applications of th
Ordinance which can be given effect without the invali
provision or application thereof.
Section 3. Effective Date and Publication. This Ordinanc
shall take effect thirty (30) days after the date of it
passage. The Clerk of the Board of Supervisors is authorize
and directed to publish this ordinance before the expiration o
fifteen X15? days after its passage. This Ordinance shall b
published once, with the names of the members of the Board o
Supervisors voting for and against it, in the Chico Enterprise
Record, a newspaper of general circulation published in th
County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of th
County of Butte, State of California, on the 2lstday of ,TuJ.Y
2009, by the following vote:
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AYES: Supervisors Dolan, Kirk, Lambert, Yamaguchi, and Chair Connelly
NOES : None
ABSENT: None
NOT VOTING: None ~ ~ Q(~
BILL CONNELLY, Ch it of the
Butte County Board of Supervisors
ATTEST:
GREGORY G. ITU A,
Chief Adm~' ist ative Officer
And Clerk /of hr~1 Board
By
i/
G:\O1~DIA3ANCE\24--262 clean copy.
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