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HomeMy WebLinkAboutUP19-0001_Use_Permit ■ Butte County Planning Commission Resolution with Use Permit and Conditions of Approval ■ ■ September 26, 2019 ■ AT&T Mobility dba AT&T Wireless - UP19-0001 ■ Page 1 of 7 ■ USE PERMIT BUTTE COUNTY PLANNING COMMISSION September 26, 2019 DATE: UP19-0001 PERMIT NO. 072-310-053 ASSESSOR’S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: AT&T Mobility dba AT&T Wireless is hereby granted a Conditional Use Permit to construct a wireless telecommunication facility that includes a 150-foot tall lattice tower. 12 panel antennas, 24 remote radio heads/units, an 8-foot by 8-foot (10 feet tall) walk in equipment shelter and a 30kw backup diesel generator (with 190 gallon capacity belly tank) within a 1,200 square foot (30 x 40) lease area. Utilities will be run underground, except for the coax between their equipment, which will be on an ice bridge to the tower. The lattice tower and ground equipment facility will be situated within a 1,200 square foot lease area that will be surrounded with a 6-ft tall chain link fence with barbed wire. Access to the facility will be provided by a 12-foot wide driveway from Rosie O’Grady Lane. The unmanned facility will provide enhanced wireless network coverage 24 hours a day, 7 days a week. l. Failure to comply with the conditions specified herein as the basis for approval of this Use Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Code (BCC), Chapter 24, Article 34, Section 24-251 Permit Revocation or Modification. 2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this Use Permit must be established within 24 months of the delivery of the countersigned permit to the Permittee, or as provided by BCC Chapter 24, Article 34, Section 24-247 Time Limits and Extensions. 3. Minor changes as provided by BCC Chapter 24, Article 34, Section 24-26 C, may be approved administratively by the Zoning Administrator upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 4. If any use for which a Use Permit has been granted is not established within two years of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. ■ Butte County Planning Commission Resolution with Use Permit and Conditions of Approval ■ ■ September 26, 2019 ■ AT&T Mobility dba AT&T Wireless - UP19-0001 ■ Page 2 of 7 ■ 5. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 6. Terms of Approval (BCC Chapter 24, Article 26, Section 24-185) A. Permits for telecommunication facilities issued under this article shall be valid 10 years, unless this term is changed through the permitting process. B. A permit granted under this article becomes invalid if an operator of a telecommunication facility ceases to operate the facility under the terms of this article or under the specific conditions of approval for the facility. If the facility becomes non-compliant, the owner shall cease to operate the facility and remove it from its location within 90 days of being informed that the permit has become invalid. C. All permits for telecommunication facilities, regardless of the method by which they were originally issued, may be extended administratively by the Zoning Administrator upon verification of the permit-holder’s continued compliance with the findings and conditions of approval under which the application was originally approved. The Zoning Administrator may require a public hearing for renewal of a Conditional Use Permit for a telecommunication facility. D. As part of the permit renewal process, the Zoning Administrator may require submittal of a certification by a licensed professional that the facility is being operated in accordance with all applicable FCC standards for RF emissions. Conditions of Approval: Planning Division 1. Mitigation Measure AIR-1 The following best practice measures to reduce impacts to air quality shall be incorporated by the project applicant, subject property owners, or third-party contractors during construction activities on the project site. These measures are intended to reduce criteria air pollutants that may originate from the site during the course of land clearing and other construction operations. Control Dust a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day’s activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads. e. Haul vehicles transporting soil into or out of the property shall be covered. ■ Butte County Planning Commission Resolution with Use Permit and Conditions of Approval ■ ■ September 26, 2019 ■ AT&T Mobility dba AT&T Wireless - UP19-0001 ■ Page 3 of 7 ■ f. Existing roads and streets adjacent to the project shall be cleaned at least once per day if dirt or mud from the project site has been tracked onto these roadways, unless conditions warrant a greater frequency. g. Other measures may be required as determined appropriate by the BCAQMD or Department of Public Works in order to control dust. Post Contact Information h. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions). Other Construction Practices i. Maintain all construction equipment in proper tune according to manufacturer’s specification. j. Where feasible, give preference to utilizing the following equipment:  Electric equipment  Substitute gasoline-powered for diesel-powered equipment.  Alternatively fueled construction equipment on site such as compressed natural gas (CNG), liquid natural gas (LNG), propane, or biodiesel.  Equipment that has Caterpillar pre-chamber diesel engines, as practical.  Diesel construction equipment meeting the CARB’s 1996 or newer certification standard for off-road heavy-duty diesel engines.  Construction workers shall park in designated parking area(s) to help reduce dust emissions.” Plan Requirements: The note shall be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods. Monitoring: The Department of Development Services shall ensure that this note is placed on all building and site development plans. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints. 2. Mitigation Measure BIO-1 If project construction activities, including site grubbing and vegetation removal, occur during the nesting season for birds protected under the Migratory Bird Treaty Act (MBTA) and California Department Fish & Game Code (CDFC) (approximately February 1 – August 31), the project proponent shall retain a qualified biologist to perform preconstruction surveys for nesting bird species. Surveys to identify active bird nests shall be conducted within and 250 feet around the footprint of proposed construction site. The survey shall be conducted within 7 days prior to the initiation of construction activities. In the event that an active nest is observed, a species protection buffer shall be established. The species protection buffer will be defined by the qualified biologist based on the species, nest type and tolerance to disturbance. Construction activity shall be prohibited within the buffer zones until the young have fledged or the nest fails. Nests shall be monitored by a ■ Butte County Planning Commission Resolution with Use Permit and Conditions of Approval ■ ■ September 26, 2019 ■ AT&T Mobility dba AT&T Wireless - UP19-0001 ■ Page 4 of 7 ■ qualified biologist once per week and a report submitted to the Butte County Department of Development Services. Plan Requirements: Perform protocol-level surveys for migratory birds protected by the California Department Fish & Game Code and the Migratory Bird Treaty Act. The note shall be placed on all building and site development plans. Timing: Requirements of the condition shall be adhered to prior to and during construction activities planned to occur during nesting seasons for CDFC and MBTA species (between February 1 and August 31). Monitoring: The Butte County Department of Development Services shall ensure the condition is met at the time of development and during construction activities. 3 Mitigation Measure CUL-1 If grading activities reveal the presence of prehistoric or historic cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans glass, etc.; structural remains; human skeletal remains) work within 50 feet of the find shall immediately cease until a qualified professional archaeologist can be consulted to evaluate the find and implement appropriate mitigation procedures. If human skeletal remains are encountered, State law requires immediate notification of the County Coroner (530.538.7404). If the County Coroner determines that the remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State Law, to arrange for Native American participation in determining the disposition of such remains. The provisions of this mitigation shall be followed during construction of all subdivision improvements, including land clearing, road construction, utility installation, and building site development. Plan Requirements: This note shall also be placed on all building and site development plans. Timing: This measure shall be implemented during all site preparation and construction activities. Monitoring: Should cultural resources be discovered, the landowner shall notify the Planning Division and a professional archaeologist. The Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action. State law requires the reporting of any human remains. 4. Mitigation Measure TRI-1 Prior to commencement of ground disturbing activities on the project site, the applicant shall notify the United Auburn Indian Community (UAIC) and shall have a tribal monitor present during all ground-disturbing activities associated with the development of the communication facility, including any improvements to the access drive. Plan Requirements: This measure shall be placed on all building and site development plans. Timing: This measure shall be implemented during all site development activities. Monitoring: The Planning Division shall work with the applicant and the UAIC to make sure a tribal monitor is on site during all ground-disturbing activities. ■ Butte County Planning Commission Resolution with Use Permit and Conditions of Approval ■ ■ September 26, 2019 ■ AT&T Mobility dba AT&T Wireless - UP19-0001 ■ Page 5 of 7 ■ 5. The telecommunication facilities shall comply with the applicable requirements under sections 24-181, 24-182, 24-186 and 24-187 of the Butte County Code (Ordinance No. 4062). 6. The telecommunication facilities shall comply with all applicable building and electrical codes. 7. All facility operators shall submit certification from a registered structural engineer to the building division that all associated monopoles and towers in excess of 30 feet in height will withstand sustained winds as required by the California Building Code. 8. No advertising or commercial display is permitted on any telecommunication facility. 9. The installation of a facility shall not violate any existing deed restrictions. 10. All facilities shall have a 12-foot-wide all-weather access to a publicly maintained road capable of supporting a 40,000-pound fire apparatus with 15 feet of vertical clearance. 11. There shall be no outdoor vehicle or equipment storage except for emergency purposes. 12. All facilities shall meet current regulations of the FAA, the FCC, and any other State or federal agency with the authority to regulate such facilities. 13. If federal or State regulations are changed, the property owner or responsible party shall bring such facilities into compliance with revised regulations within 90 days of the effective date of such regulations, unless a more stringent compliance schedule is mandated by the controlling agency. 14. No facility or combination of facilities shall generate, at any time, electromagnetic frequency radiation (EMF) or radio frequency radiation (RF) in excess of the FCC adopted standards for human exposure. 15. Any facility determined by the County to be detrimental to the health, safety, or welfare of persons working or residing near such facility, shall be removed, adjusted or replaced by the property owner or service provider. In no case shall a facility remain in operation if it is found to create a hazard to the public health, safety, and welfare. 16. Facilities that are not in use for a period of six months shall be considered abandoned and shall be removed. Abandoned facilities shall be designated as unlawful and as public nuisances, requiring no amortization period. 17. All ground level support facilities shall be painted or screened from view with adequate landscaping appropriate to the surrounding environment. All aesthetic treatments, including landscaping, shall be maintained as approved for the life of the facility. 18. The owner or operator of a facility shall annually submit written verification that the radio frequency radiation/electromagnetic frequency radiation (RF/EMF) emitted by a facility conforms to safety standards in FCC OET 65. The reports prepared for facilities shall conform to reporting requirements set by the FCC and the County. 19. Facilities shall be secured at all times to prevent access by the public. 20. Prior to issuance of the building permit for the installation of a telecommunications facility, the applicant shall post a performance security in an amount and form determined by the Zoning Administrator that is sufficient to cover the cost of a one-time test by a radio ■ Butte County Planning Commission Resolution with Use Permit and Conditions of Approval ■ ■ September 26, 2019 ■ AT&T Mobility dba AT&T Wireless - UP19-0001 ■ Page 6 of 7 ■ frequency consultant selected by the County, sufficient to determine whether the facility’s RF/EMF emissions comply with FCC standards. 21. If the facility’s emissions are determined to exceed FCC standards, the applicant shall pay for such other tests and other corrective measures as are necessary to establish compliance with FCC OET 65 and its successors. Continued noncompliance constitutes sufficient grounds to commence a permit revocation hearing which may lead to permit revocation. 22. The applicant shall cooperate in all respects with the County’s consultant to assist the consultant to reach a conclusion. 23. Prior to issuance of the building permit for the installation of a facility, the applicant shall post a performance security in an amount and form determined by the Zoning Administrator that is sufficient to cover the cost of removal of the facility in the event that such facility is abandoned or subject to a revoked permit. 24. Within 30 days of the service provider’s intention of leaving the site, documentation of the intention to remove the facility shall be provided to the County. The removal requirement set forth in this section shall be included in the terms of lease for facilities on the property. 25. Within 60 days of abandonment, or discontinuance of use, of a telecommunications facility, the operator shall secure a Demolition Permit from the County and the facility shall be removed and the site restored to its pre-construction condition. 26. If an abandoned or discontinued facility is not removed within 60 days, the County may remove the facility at the applicant’s or land owner’s expense. Public Works 27. Prior to establishing use, repair/restore private access roads to like-kind condition that existed prior to construction of the communication facility. 28. Prior to grading, a construction storm water permit will be required by the State Water Resources Control Board if the project results in a ground disturbance, including clearing, excavation, filling, and grading of one or more acres. The permit must be obtained from the State Water Resources Control Board prior to construction. Submit engineering estimate of area to be disturbed to the Department of Public Works for review and approval. If a construction storm permit is required, engineering plans shall show the Water Discharge Identification (WDID) number on the title sheet of the plans and a copy of the erosion and sediment control plan shall be provided to the Land Development Division of the Public Works Department. Environmental Health 29. The placement of the facility shall not adversely affect any on-site sewage disposal system or its repair area without written approval from the Division of Environmental Health. 30. Submit a Hazardous Materials and Emissions Questionnaire to Environmental Health Division for review. Cal Fire/Butte County Fire 31. Construction, installation or development of buildings and/or roads, driveways, gates and bridges on parcels/lots shall comply with the latest adopted California Fire Code, California ■ Butte County Planning Commission Resolution with Use Permit and Conditions of Approval ■ ■ September 26, 2019 ■ AT&T Mobility dba AT&T Wireless - UP19-0001 ■ Page 7 of 7 ■ Fire Safe Regulations Public Resources Code 4290, 4291 and/or current Butte County Improvement Standards, whichever is stricter. 32. Ensure adequate fire protection measures are in place during construction. 33. Storage of Hazardous Materials: Ensure compliance with Chapter 50, 2013 CFC. Including NFPA 704 signage, control areas, and any other applicable sections. 34. Fuel Tanks & Generators: Shall have adequate clearance from combustibles and appropriate signage. 35. Gates: Confirm gates are located at least 30' from street. Distance may need to be increased to allow operation with a fire engine in driveway and not impede traffic on main street. Minimum opening on gate shall be 2' wider than the road on both sides. (Example: 20' wide fire access road would require 24' wide gate minimum.) Processing Fees 36. Prior to issuance of the Use Permit, pay any outstanding project-related processing fees. I hereby declare under penalty of perjury that I have read the foregoing conditions that they are in fact the conditions which were imposed upon the granting of this Conditional Use Permit, and that I agree to abide fully by said conditions. Date: ______________________ ________________________________________________ Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Division permits before starting construction, nor does it waive any other requirements. cc: Land Development Division Building Division Environmental Health Division Butte County Fire Department/CDF Assessor’s Office