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■ Butte County Planning Commission Resolution with Use Permit and Conditions of Approval ■
■ Peter Ferreri on behalf of Verizon Wireless with SAC Wireless – UP20-0002 Use Permit ■ Page 1 of 8 ■
EXHIBIT A
USE PERMIT
BUTTE COUNTY PLANNING COMMISSION May 20, 2021
DATE:
UP20-0002
PERMIT NO.
016-220-099
ASSESSOR’S PARCEL NO.
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special
conditions set forth below: Peter Ferreri on behalf of Verizon Wireless with SAC Wireless is
hereby granted a Conditional Use Permit to construct a wireless telecommunication facility. The
facility includes a 82-foot tall faux pine telecommunications tower, with 9 panel antennas,
associated ground equipment, a 30kw backup diesel generator (with 54 gallon capacity tank)
within a 625 square foot (25 x 25) lease area. Along with an access easement, drive, and
underground utilities to the PG&E power supply along Brown’s Valley Drive. The lease area is
enclosed with an 8-foot chain link fence. Access to the facility will be provided by an existing drive
off Brown’s Valley Drive. 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 ■
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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.
Diesel PM Exhaust from Construction Equipment and Commercial On-Road Vehicles
Greater than 10,000 Pounds
• All on- and off-road equipment shall not idle for more than five minutes. Signs
shall be posted in the designated queuing areas and/or job sites to remind drivers
and operators of the five-minute idling limit.
• Idling, staging and queuing of diesel equipment within 1,000 feet of sensitive
receptors is prohibited.
• All construction equipment shall be maintained in proper tune according to the
manufacturer’s specifications. Equipment must be checked by a certified mechanic
and determined to be running in proper condition before the start of work.
• Install diesel particulate filters or implement other CARB-verified diesel emission
control strategies.
■ Butte County Planning Commission Resolution with Use Permit and Conditions of Approval ■
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• Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater,
air conditioner, or any ancillary equipment on that vehicle during sleeping or resting
in a sleeper berth for greater than 5 minutes at any location when within 100 feet
of a restricted areas.
• To the extent feasible, truck trips shall be scheduled during non-peak hours to
reduce perk hour emissions.
Operational TAC Emissions
• All mobile and stationary Toxic Air Contaminants (TACs) sources shall comply
with applicable Airborne Toxic Control Measures (ATCMs) promulgated by the
CARB throughout the life of the project (see
http:www.arb.ca.gov/toxics/atcm/atcm.htm).
• Stationary sources shall comply with applicable District rules and regulations.
Fugitive Dust
Construction activities can generate fugitive dust that can be a nuisance to local residents
and businesses near a construction site. Dust complaints could result in a violation of the
District’s “Nuisance” and “Fugitive Dust” Rules 200 and 205, respectively. The following
is a list of measures that may be required throughout the duration of the construction
activities:
• Reduce the amount of the disturbed area where possible.
• Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne
dust from leaving the site. An adequate water supply source must be identified.
Increased watering frequency would be required whenever wind speeds exceed 15
mph. Reclaimed (non-potable) water should be used whenever possible.
• All dirt stockpile areas should be sprayed daily as needed, covered, or a District
approved alternative method will be used.
• Permanent dust control measures identified in the approved project revegetation
and landscape plans should be implemented as soon as possible following
completion of any soil disturbing activities.
• Exposed ground areas that will be reworked at dates greater than one month after
initial grading should be sown with a fast-germinating non-invasive grass seed and
watered until vegetation is established.
• All disturbed soil areas not subject to re-vegetation should be stabilized using
approved chemical soil binders, jute netting, or other methods approved in advance
by the Butte County Air Quality Management District.
• All roadways, driveways, sidewalks, etc. to be paved should be completed as soon
as possible. In addition, building pads should be laid as soon as possible after
grading unless seeding or soil binders are used.
• Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved
surface at the construction site.
■ Butte County Planning Commission Resolution with Use Permit and Conditions of Approval ■
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• All trucks hauling dirt, sand, soil, or other loose materials are to be covered or
should maintain at least two feet of freeboard (minimum vertical distance between
top of load and top of trailer) in accordance with local regulations.
• Install wheel washers where vehicles enter and exit unpaved roads onto streets, or
wash off trucks and equipment leaving the site.
• Sweep streets at the end of each day if visible soil material is carried onto adjacent
paved roads. Water sweepers with reclaimed water should be used where feasible.
• Post a sign in prominent location visible to the public with the telephone numbers
of the contractor and the Butte County Air Quality Management District - (530)
332-9400 for any questions or concerns about dust from the project.
All fugitive dust mitigation measures required should be shown on grading and building
plans. In addition, the contractor or builder should designate a person or persons to monitor
the dust control program and to order increased watering, as necessary, to prevent transport
of dust offsite. Their duties shall include holidays and weekend period when work may not
be in progress. The name and telephone number of such persons shall be provided to the
District prior to land use clearance for map recordation and finished grading of the area.
Please note that violations of District Regulations are enforceable under the provisions of
California Health and Safety Code Section 42400, which provides for civil or criminal
penalties of up to $25,000 per violation.
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: Building inspectors shall spot check and shall ensure compliance on-site.
Butte County Air Pollution Control District inspectors shall respond to nuisance
complaints.
2. Mitigation Measure BIO-1
Prior to any land disturbance or construction, a qualified biologist shall complete four
surveys for burrowing owl prior to the start of construction. The biologist should conduct
4 survey visits: 1) at least one site visit between 15 February and 15 April, and 2) a
minimum of three survey visits, at least three weeks apart, between 15 April and 15 July,
with at least one visit after 15 June. Surveys should be conducted on the project site and
within 150 meters of areas that will be directly or indirectly impacted by the project, where
feasible. Surveys should not be conducted during inclement weather, when burrowing owls
are typically less active and visible. A report summarizing the survey including the
qualifications of the biologist who performed the survey, methods, and results should be
provided to CDFW prior to the start of construction. If burrowing owls or evidence of
burrowing owls (e.g., whitewash or pellets) are not observed during surveys, no additional
mitigation is necessary. If the birds are present, then there is potential for impacts to occur
and CDFW is available to assist with the development of potential measures to offset
impacts.
■ Butte County Planning Commission Resolution with Use Permit and Conditions of Approval ■
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Plan Requirements: Perform surveys for burrowing owls. The note shall be placed on
all building and site development plans.
Timing: Requirements of the condition shall be adhered to prior to any land disturbance
or construction activities.
Monitoring: The Butte County Department of Development Services shall ensure the
condition is met prior to any land disturbance or construction activities.
3. Mitigation Measure BIO-2
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
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.
4. 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.
■ Butte County Planning Commission Resolution with Use Permit and Conditions of Approval ■
■ Peter Ferreri on behalf of Verizon Wireless with SAC Wireless – UP20-0002 Use Permit ■ Page 6 of 8 ■
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.
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
■ Butte County Planning Commission Resolution with Use Permit and Conditions of Approval ■
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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
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.
Environmental Health
27. Applicant shall submit a hazardous materials business plan via California Environmental
Reporting System (CERS) within 30 days after placing any hazardous materials on-site (ie
batteries, propane, fuel) in quantities as per Health and Safety Code (HSC) Chapter 6.95.
Cal Fire/Butte County Fire
28. Construction, installation or development of buildings and/or roads, driveways, gates and
bridges on parcels/lots shall comply with the current adopted California Fire Code, the
latest California Fire Safe Regulations—Public Resources Code 4290, 4291 and current
Butte County Improvement Standards, whichever is stricter.
29. All flammable vegetation and fuels caused by site development and construction, road and
driveway construction and/or fuel modification must be removed, chipped, buried or
burned prior to completion of building permit.
Processing Fees
30. Prior to issuance of the Use Permit, pay any outstanding project-related processing fees.
■Butte County Planning Commission Resolution with Use Permit and Conditions of Approval ■
■ Peter Ferreri on behalf of Verizon Wireless with SAC Wireless – UP20-0002 Use Permit ■ Page 8 of 8 ■
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
: Mario Alexis (Lex) Munoz, Sr Real Estate Manager
6/03/2021 Mario Munoz (Jun 3, 2021 13:02 PDT)
Mario Munoz