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HomeMy WebLinkAboutUP19-0001 Report ■ Butte County Planning Commission Agenda Report ■ ■ September 26, 2019 ■ AT&T Mobility dba AT&T Wireless - UP19-0001 Agenda Report ■ Page 1 of 12 ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT – September 26, 2019 Applicant: AT&T Mobility dba AT&T Wireless c/o Sara King Parcel Size: 9.98 acres Owner: Catherine C. Dunning Project Size: 1,200 SF (plus easements) File #: UP19-0001 G.P.: Foothill Residential Request: A Conditional Use Permit to construct a wireless telecommunication facility that includes a 150-foot tall lattice tower. Zoning: FR-20 (Foothill Residential 20-acre minimum) Zone Date: December 10, 2012 APN: 072-310-053 Supervisor District: 1 Planner: Mark Michelena Location: 129 Rosie O’Grady Lane, Forbestown Attachments: A: Resolution with Use Permit and Conditions of Approval (Exhibit A) B: Zoning Map and Vicinity Map C: Initial Study/Mitigated Negative Declaration D: RF Statement & Site Justification E: Height Justification F: Photo Simulations G: Plans EXECUTIVE SUMMARY: AT&T Mobility dba AT&T Wireless, is requesting approval of 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 six-foot tall chain link fence with ■ Butte County Planning Commission Agenda Report ■ ■ September 26, 2019 ■ AT&T Mobility dba AT&T Wireless - UP19-0001 Agenda Report ■ Page 2 of 12 ■ barbed wire. Access to the facility will be provided by a 12-foot wide driveway from Rosie O’Grady Lane. Staff recommends adoption of the attached resolution, adopting the Mitigated Negative Declaration pursuant to the California Environmental Quality Act (CEQA), and approving Conditional Use Permit UP19-0001 with findings and conditions. PROJECT DESCRIPTION: The applicant requests 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. The unmanned facility will provide enhanced wireless network coverage 24 hours a day, 7 days a week. Access to the facility will be provided by a 12-foot wide driveway from Rosie O’Grady Lane. SITE CHARACTERISTICS:  The 9.98-acre project site is developed with a residential dwelling and accessory structures.  The project parcel is located at 129 Rosie O’Grady Lane, approximately 1,400 feet east of Forbestown Road, east of Oroville.  The project site has an approximate elevation of 2,045 feet above sea level.  The subject property is covered with pines, oaks, manzanita and other ground cover.  There are no waterways on, or near, the project parcel.  The project site vicinity is characterized as primarily rural residential and grazing uses on parcels ranging in size from 8.2 to 163 acres in size.  The project parcel is identified as being within a flood zone “X” (unshaded) as shown on the applicable Federal Emergency Management Agency Flood Insurance Rate Map.  The site is not within an Alquist-Priolo Earthquake Fault Zone or an aftershock zone, but is located approximately 5.43 miles east of the Cleveland Hills Fault, the only known active fault trace in Butte County. ■ Butte County Planning Commission Agenda Report ■ ■ September 26, 2019 ■ AT&T Mobility dba AT&T Wireless - UP19-0001 Agenda Report ■ Page 3 of 12 ■ Aerial Photo of Subject Property and Surrounding Parcels ANALYSIS: Zoning Consistency  The subject property is zoned FR-20 (Foothill Residential 20-acre minimum).  Wireless Communication Facilities are regulated by Article IV, Division 2, Telecommunication Facilities, of the Butte County Code. The Purpose (Section 24-176) is to: A. Allow reasonable opportunities for wireless communication providers to provide such services to the community in a safe effective and efficient manner. B. Encourage the location of new monopoles, towers and antennas in non-residential areas, thereby discouraging the need for such facilities in residential areas. C. Minimize the total number of antennas through the county. D. Encourage co-location of facilities at appropriate new and existing monopoles, towers and antenna sites. E. Encourage wireless communication providers to locate new monopoles, towers and antennas in areas that minimize adverse impact on agricultural and air navigation. F. Require wireless communication providers to design and configure wireless communication facilities in a way that minimizes visual impacts. G. Protect the public’s interest in the safe operation of emergency services such as air ambulance, medical and air evacuation, firefighting, law enforcement, search and rescue, vector control, and resource management. ■ Butte County Planning Commission Agenda Report ■ ■ September 26, 2019 ■ AT&T Mobility dba AT&T Wireless - UP19-0001 Agenda Report ■ Page 4 of 12 ■  The following highlights General Requirements for Telecommunication Facilities: Section 24-176 (Purpose) A. Allow reasonable opportunities for wireless communication providers to provide such services to the community in a safe effective and efficient manner. B. Encourage the location of new monopoles, towers and antennas in non-residential areas, thereby discouraging the need for such facilities in residential areas. C. Minimize the total number of antennas through the county. D. Encourage co-location of facilities at appropriate new and existing monopoles, towers and antenna sites. E. Encourage wireless communication providers to locate new monopoles, towers and antennas in areas that minimize adverse impact on agricultural and air navigation. F. Require wireless communication providers to design and configure wireless communication facilities in a way that minimizes visual impacts. The proposed lattice tower is located within a residential zone, with surrounding uses characterized as rural residential and grazing/open land on parcel sizes ranging from 8.2 to 163 acres in size. The proposed site will allow current and future AT&T customers to have access to wireless services in the areas shown on the Coverage Plots included in this application. This site is intended to improve wireless coverage to the area consistent with the applicant’s Service Improvement Objective and will increase the network capacity. The new wireless communication facility will provide both improved indoor and outdoor service to residents. This network will provide an extremely valuable service to those who live, travel, and do business in the local area. It will give people the ability to call for emergency services in the event of an accident, the ability to communicate with employees or clients outside of the office, and the ability to communicate with family members when needed. The project engineer has indicated that the proposed location will provide the necessary coverage and capacity with the ability to hand off the wireless signal to the next telecommunications site. This will enable travelers and community members to have reliable and continuous wireless coverage. Section 24-181 (General Requirements): A. Setbacks. 1. Except when specifically allowed, all new telecommunication facilities shall be located on a parcel so that the distance from the base of facility to the parcel boundary is equal to or greater than the height of the facility. (Reduced setbacks are allowed in the agriculture zones and non-residential zones with conditions specified in 24-181 A.2 to A.4.) The 1:1 setback was adopted, in part, to minimize impacts to surrounding properties and residences and minimize potential exposure to RF emissions. The proposed lattice tower is located 150 feet from the north and east property lines, and well over 150 feet from the south and west property lines. The proposed tower meets the required setback. ■ Butte County Planning Commission Agenda Report ■ ■ September 26, 2019 ■ AT&T Mobility dba AT&T Wireless - UP19-0001 Agenda Report ■ Page 5 of 12 ■ B. Height. 1. The maximum height for telecommunication facilities in all zones shall be 100 feet, except in Commercial and Industrial zones where it shall be 150 feet. Section 24- 181B.1 specifies that the review authority may approve additional height based on justifiable need. AT&T is proposing a new wireless telecommunication tower at a height of 150 feet Above Ground Level (AGL) which exceeds the height allowance of 100 feet in a non- commercial or industrial zone as described in Article 26, Section 24-181-B 1 of the Butte County Telecommunications Facilities Standards. The request by the applicant’s engineers for approval of an additional 50 feet of height for the tower is essential for the site in order to reach as many living units in the area as possible, and provide clear, consistent indoor-outdoor wireless coverage and broadband internet service to the community consistent with the Service Improvement Objective. If the proposed lattice tower was restricted to 100 foot in height it would not be possible for AT&T to reach its coverage objective, and provide the local community and surrounding area with the proposed wireless and broadband internet service. See attached coverage maps showing a 100-foot and 150-foot tall tower. In support of their proposal, the applicant has provided coverage maps detailing the coverage that would be provided with a 100-foot lattice tower, versus the coverage provided by the proposed 150-foot lattice tower. In comparing these two coverage maps, there is a significant increase in area coverage to surrounding communities, as a direct result of the increased height of the proposed tower. In addition, approval for the proposed 150-foot lattice tower will provide capacity for co-location opportunities for other wireless service providers to the area, leading to a reduced number of cell towers required to provide coverage in Butte County. Section 24-183 (Standards for Types of Facilities): C. Monopoles or Towers. 1. New monopoles or towers proposed in or within 1,000 feet of agriculture and residential zones require written notice, in a manner approved by the Zoning Administrator, to be given to owners of parcels located within a minimum radius of 1,000 feet of the parcel on which the proposed monopole or tower will be located. Property owners within 1,000 feet were notified of the public hearing for the project. 2. Monopoles or towers in agricultural or residential zones shall not exceed 30 feet in height except when: a. No feasible alternative site exists; b. A denial would constitute a prohibition on the provision of the affected wireless communication service in violation of federal or State law. The area surrounding the project site is primarily a rural residential area. The applicant’s Service Improvement Objective requires the communication facility to be located at a higher elevation to address the service coverage gap for the area. ■ Butte County Planning Commission Agenda Report ■ ■ September 26, 2019 ■ AT&T Mobility dba AT&T Wireless - UP19-0001 Agenda Report ■ Page 6 of 12 ■ There are additional parcels that can provide the necessary parcel size to meet the required setbacks and the location to provide the necessary additional coverage area, but do not provide an enough elevation difference to reduce the height of the tower. Based on this analysis, no feasible alternative site exists that would reduce the height of the proposed lattice tower to 30 feet or less. General Plan Consistency General Plan goals and policies were evaluated in the context of the proposed project. Seven goals and eleven policies were identified as being applicable to the project. The following table identifies each applicable goal and policy, and a review of the project’s consistency with each policy. Policies followed by an asterisk (*) are required by the General Plan as means to mitigate environmental impacts under the California Environmental Quality Act (CEQA) and are considered mandatory. ■ Butte County Planning Commission Agenda Report ■ ■ September 26, 2019 ■ AT&T Mobility dba AT&T Wireless - UP19-0001 Agenda Report ■ Page 7 of 12 ■ General Plan 2030 Goals and Policies Consistency Review CONSERVATION AND OPEN SPACE ELEMENT GOAL COS-1. Reduce greenhouse gas emissions to 1990 levels by 2020. Consistent. This goal is more specifically reviewed in the discussion of the policies below. COS-P1.1. Greenhouse gas emission impacts from proposed development projects shall be evaluated as required by the California Environmental Quality Act (CEQA). Consistent. The Initial Study, prepared pursuant to the CEQA, evaluated whether the proposed project would cause an adverse impact from greenhouse gas emissions, and whether the project is consistent with the Butte County CAP. COS-P1.2. New development projects shall mitigate greenhouse gas emissions on-site or as close to the site as possible. Consistent. Cal Green development measures will be applied in the design of the facility, with the use alternative fuels for construction equipment and limiting construction equipment idling times applied during construction. GOAL COS-2. Promote green building, planning and business. Consistent. This goal is more specifically reviewed in the discussion of the policies below. COS-P2.2. New development shall comply with Green Building Standards adopted by the California Building Standards Commission at the time of building permit application, including requirements about low- or no- toxicity building materials. Consistent. Cal Green development measures will be applied in the design of the facility, at the time of the building permit application. GOAL COS-5. Minimize air pollutant emissions. Consistent. This goal is more specifically reviewed in the discussion of the policies below. COS-P5.2. Developers shall implement best management practices to reduce air pollutant emissions associated with the construction and operation of development projects.* Consistent. The project includes an air quality mitigation measure that contains best management practices in the suppression of dust and other air pollution emissions during construction activities. GOAL COS-15. Ensure that new development does not adversely impact cultural resources. Consistent. This goal is more specifically reviewed in the discussion of the policies below. COS-P15.1. Areas found during construction to contain significant historic or prehistoric archaeological artifacts shall be examined by a qualified consulting archaeologist or historian for appropriate protection and preservation. Historic or prehistoric artifacts found during construction shall be examined by a qualified consulting archaeologist or historian to determine their significance and develop appropriate protection and preservation measures.* Consistent. Mitigation measures have been included that address the recovery of cultural resources, and identification of human remains, should any be discovered through future grading activities on the resultant parcels. COS-P15.2. Any archaeological or paleontological resources on a development project site shall be either preserved in their sites or adequately documented as a condition of removal. When a development project has sufficient flexibility, avoidance and preservation of the resource shall be the primary mitigation measure.* Consistent. Mitigation measures have been included that address the recovery of cultural resources, and identification of human remains, should any be discovered through future grading activities on the resultant parcels. ■ Butte County Planning Commission Agenda Report ■ ■ September 26, 2019 ■ AT&T Mobility dba AT&T Wireless - UP19-0001 Agenda Report ■ Page 8 of 12 ■ General Plan 2030 Goals and Policies Consistency Review GOAL COS-16. Respect Native American culture and planning concerns. Consistent. This goal is more specifically reviewed in the discussion of the policies below. COS-P16.4. If human remains are located during any ground disturbing activity, work shall stop until the County Coroner has been contacted and, if the human remains are determined to be of Native American origin, the NAHC and most likely descendant have been consulted.* Consistent. Mitigation measures have been included that address the recovery of cultural resources, and identification of human remains, should any be discovered through future grading activities on the resultant parcels. GOAL COS-17. Maintain and enhance the quality of Butte County's scenic and visual resources. Consistent. This goal is more specifically reviewed in the discussion of the policies below. COS-P17.1. Views of Butte County's scenic resources, including water features, unique geologic features and wildlife habitat areas, shall be maintained.* Consistent. No scenic resources were identified within the project area that would be adversely impacted by the proposed project, including any substantial water features, unique geological features, or wildlife habitat areas. HEALTH AND SAFETY ELEMENT GOAL HS-1. Maintain an acceptable noise environment in all areas of the county. Consistent. This goal is more specifically reviewed in the discussion of the policies below. HS-P1.7. Applicants for discretionary permits shall be required to limit noise-generating construction activities located within 1,000 feet of residential uses to daytime hours between 7:00 a.m. and 6:00 p.m. on weekdays and non-holidays. Consistent. The project is subject to the County's noise control ordinance, which requires that construction activities occur during daytime hours to be exempt from the County's noise standards. HS-P1.8. Noise from generators shall be regulated near existing and future residential uses. Consistent. Proposed use of generators at the facility are subject to the County's noise control ordinance. HS-P1.9. The following standard construction noise control measures shall be required at construction sites in order to minimize construction noise impacts: (a.) Equip all internal combustion engine driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment. (b.) Locate stationary noise-generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area. (c.) Utilize quiet air compressors and other stationary noise-generating equipment where appropriate technology exists and is feasible.* Consistent. Noise control measures are standard in the construction industry and are commonly used to minimize noise impacts to surrounding uses. ■ Butte County Planning Commission Agenda Report ■ ■ September 26, 2019 ■ AT&T Mobility dba AT&T Wireless - UP19-0001 Agenda Report ■ Page 9 of 12 ■ Criteria for Granting a Conditional Use Permit The criteria for granting a conditional use permit for the 150-foot tall lattice tower and ground equipment derive both from the generally criteria for granting all use permits (BCC Section 24- 222) as well as the specific criteria for Monopole Facilities (BCC section 24-183 C 1 & 2). BCC section 24-222 Findings A. The proposed use is allowed in the applicable zone. The project is zoned FR-20 (Foothill Residential 20-acre minimum). The FR-20 Zone identifies new towers or poles as requiring a conditional use permit. B. The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the subject property. The 9.98-acre project parcel is developed with a residential dwelling and accessory structures. The project site area has been disturbed and is surrounded by mixture of pine and oak trees. The project site has an approximate elevation of 2,045 feet above sea level and slopes from east to west. The proposed project will require the removal of one pine tree. The subject property is substantially covered with pines, oaks, manzanita and other vegetation and therefore the removal of one pine tree will not significantly impact the vegetative canopy coverage of oak trees and pine trees. This vegetation in the project site area is not particularly dense, but the surrounding area is particularly dense, which will substantially reduce the facility’s visibility from public rights of way and surrounding properties. Based on these distances, the location proposed will not substantially degrade the existing visual character of the site and is not expected to result in a significant impact to scenic vistas and to the area’s visual aesthetics. C. The proposed use will not be detrimental to the public health, safety, and welfare of the County. The Federal Communications Commission (FCC) is the government agency responsible for the authorization and licensing of facilities such as cellular towers that generate radio frequency (RF) radiation. For guidance in health and safety issues related to RF radiation, the FCC relies on other agencies and organizations for guidance, including the Environmental Protection Agency (EPA), Food and Drug Administration (FDA), the National Institute for Occupational Safety and Health (NIOSH) and Occupational Safety and Health Administration (OSHA), which have all been involved in monitoring and investigating issues related to RF exposure. The FCC has developed and adopted guidelines for human exposure to RF radiation using the recommendations of the National Council on Radiation Protection and Measurements (NCRP) and the Institute of Electrical and Electronics Engineers (IEEE), with the support of the EPA, FDA, OSHA and NIOSH. According to the FCC, both the NCRP exposure criteria and the IEEE standard were developed by expert scientists and engineers after extensive reviews of the scientific literature related to RF biological effects. The exposure guidelines are based on thresholds for known adverse effects, and they incorporate wide safety margins. In addition, under the National Environmental Policy Act (NEPA) the FCC is required to evaluate transmitters and facilities for ■ Butte County Planning Commission Agenda Report ■ ■ September 26, 2019 ■ AT&T Mobility dba AT&T Wireless - UP19-0001 Agenda Report ■ Page 10 of 12 ■ significant impacts on the environment, including human exposure to RF radiation. When an application is submitted to the FCC for construction or modification of a transmitting facility or renewal of a license, the FCC evaluates it for compliance with the RF exposure guidelines, which were previously evaluated under the National Environmental Policy Act (NEPA). Failure to show compliance with the FCC’s RF exposure guidelines in the application process could lead to the additional environmental review and eventual rejection of an application. The proposed telecommunication facility is subject to the FCC exposure guidelines, and must fall under the FCC’s American National Standards Institute (ANSI) public limit standard of .58 mW/cm2. Wireless communication systems are, by design and operation, low-power devices. Even under maximum exposure conditions, in which all channels are operating at full power, public exposure from a wireless facility will typically be less than 3 microwatts per centimeter squared (µW/cm2). This exposure is more than 1,200 times lower than the current American National Standards Institute (ANSI) and the National Council on Radiation Protection and Measurement (NCRP) report public exposure standards. The current ANSI and NCRP maximum allowable exposures are set at levels 50 times higher than what the majority of the scientific community believes may pose a health risk to human populations. An Electromagnetic Energy (EME) Exposure Report (attached to the IS/MND) was prepared by OSC Engineering on February 18, 2019 to determine RF-EME exposure levels from the proposed AT&T wireless equipment at the project site (see attached). The Federal Communications Commission (FCC) has developed Maximum Permissible Exposure (MPE) Limits for general public exposures and occupational exposures. This report summarizes the results of RF-EME modeling in relation to relevant FCC RF-EME compliance standards for limiting human exposure to RF-EME fields. Based on worst-case predictive modeling, there are no modeled exposures on any accessible rooftop or ground walking/working surface related to AT&T's proposed antennas that exceed the FCC's occupational and/or general public exposure limits at this site. The proposed communications facility is expected to have a 30kw backup diesel generator (with 190-gallon capacity belly tank) on a concrete slab. The proposed communications facility will also have large batteries within the equipment cabinets. Such batteries are typically classified as non-hazardous material for transportation. The use of these batteries on the project site is not expected to create any hazardous materials or emissions. The Butte County Environmental Health Division requires that the applicant complete a “Hazardous Materials Release Response Plan” pursuant to the California Health and Safety Code”. A building permit is required for construction of the proposed communications facility, which will ensure the engineered structure will adhere to building safety standards in the California Building Code. D. The proposed use is properly located within the County and adequately served by existing or planned services and infrastructure. ■ Butte County Planning Commission Agenda Report ■ ■ September 26, 2019 ■ AT&T Mobility dba AT&T Wireless - UP19-0001 Agenda Report ■ Page 11 of 12 ■ Implementation of the project would not require domestic water or wastewater treatment, or solid waste facilities. It would not be in conflict with any statutes or regulations relating to solid waste, nor would it employ equipment that would introduce interference into any system. The project would not increase the level of demand for fire protection service needed on the site because communication towers do not normally require such services. The proposal would not result in an increase in demand for school facilities in the area. The project would not result in any impacts to area parks and facilities. E. The size, shape, and other physical characteristics of the subject property are adequate to ensure compatibility of the proposed use with the existing and future land uses in the vicinity of the subject property. The project site is zoned FR-20, with rural residential development in the surrounding area. The overall size of the project, approximately 1,200 square feet, along with the 12 foot wide access and utility easement, on the 9.98-acre parcel, encompasses approximately 2.5% of the project parcel. The project, together with the required conditions, complies with the required findings to approve a use permit. Land Use  The project would not result in a significant increase in air emissions, fugitive dust emissions, light, noise, or vehicle traffic.  Only a minor amount of construction activity would be required to install the proposed tower and ground related equipment.  The project site is not located within an Airport Compatibility Zone.  The project site is located with the General Plan’s Military Airspace Overlay (MAO). This area applies to all structures over 500 feet above ground level. Agency Review  The project application materials were circulated to, Environmental Health, Public Works/Land Development, Cal Fire/Butte County Fire, Assessor’s Office, and NAVFACSW Intergovernmental Branch AM-3. ENVIRONMENTAL REVIEW: In compliance with Section 15073(a), the Initial Study/Mitigated Negative Declaration (IS/MND), application, and reference documents for this project were placed on file for public review and comment for a thirty day period starting August 27, 2019 through September 25, 2019. Notices regarding the 30-day review period were mailed to landowners near the project site, and a notice was placed in the Chico Enterprise Record and Oroville Mercury Register. Pursuant to California Public Resources Code Section 15073(d), the Department of Development Services determined that this project is not a project where one or more state agencies would be a “responsible” or a “trustee” agency or would exercise jurisdiction by law over natural resources affected by the project. Therefore, this project is not of statewide, regional, or area wide environmental significance. ■ Butte County Planning Commission Agenda Report ■ ■ September 26, 2019 ■ AT&T Mobility dba AT&T Wireless - UP19-0001 Agenda Report ■ Page 12 of 12 ■ The Initial Study prepared for this project determined there may be potential environmental impacts to the following areas:  Air Quality  Biological  Cultural Resources  Tribal Cultural Resources The Initial Study, which is attached to this agenda report, recommended four mitigation measures to reduce environmental impacts to a less than significant level. The collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not paid for a project, the project will not be operative, vested or final and any local permits issued for the project will be invalid (Section 711.4 (c) (3)). PUBLIC COMMENTS: Staff received one public comment prior to completion of this staff report. A nearby property owner wanted to know where the tower was going to be located on the subject parcel and whether or not it would impact any access easement that they have. Staff discussed the location and informed them the tower, and the access for the tower, would not impact any existing easement, including, Rosie O’Grady Lane.