HomeMy WebLinkAboutVII.B.Telecommunication Facilities.1 Agenda ReportDepartment of Development Services Paula M. Daneluk, AICP, Director
Curtis Johnson, Assistant Director
7 County Center Drive T: 530.552.3700
Oroville, California 95965 F: 530.538.7785
Butte County Planning Commission
Telecommunication Facility Ordinance Amendments
August 11, 2022
buttecounty.net/dds
Butte County Planning Commission
AGENDA REPORT
Butte County Zoning Ordinance
County Initiated Amendment to Butte County Zoning Ordinance Article 26
Telecommunication Facilities
August 11, 2022
To: Butte County Planning Commission
From: Mark Michelena, Senior Planner
Subject: County Initiated Amendment to Butte County Code Chapter 24, Zoning
Ordinance, Article 26, Telecommunication Facilities
I.RECOMMENDATION
Recommended Motion: Adopt the Resolution making findings and recommending the
amendment of Butte County Code Chapter 24, Zoning Ordinance, Article 26, Telecommunication
Facilities to the Board of Supervisors, and find this Zoning Ordinance amendment is not a project
under the California Environmental Quality Act (CEQA).
II.EXECUTIVE SUMMARY
The purpose of the Telecommunication Facilities is to establish standards for the placement and
design of wireless telecommunication facilities. These standards are intended 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 throughout the county.
D.Encourage co-location of facilities at appropriate new and existing monopoles, towers,
and antenna sites.
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Butte County Planning Commission
Telecommunication Facility Ordinance Amendments
August 11, 2022
E. Encourage wireless telecommunication providers to locate new monopoles, towers,
and antennas in areas that minimize adverse impact on agriculture and air navigation.
F. Require wireless communication providers to design and configure wireless
communication facilities in a way that minimizes adverse visual impacts.
G. Protect the public’s interest in the safe operation of emergency services such as air
ambulance, medical and emergency evacuation, firefighting, law enforcement, search
and rescue, vector control, and resource management.
Article 26 applies to all commercial wireless telecommunications facilities for the transmission or
reception of wireless telephone, radio, television, and other telecommunication signals. The
facilities subject to these standards include all equipment and network components such as
towers, utility poles, transmitters, base stations, and emergency power systems that are integral
to providing wireless telecommunications services.
The amendments to Butte County Code Chapter 24, Zoning Ordinance, Article 26,
Telecommunication Facilities Ordinance, will include bringing the ordinance into conformance
with federal and State law by requirements regarding reasonable time periods for processing
applications and which modifications to existing telecommunication facilities constitute a
substantial change, additional application submittal information, updates to existing sections and
removing particular requirements that are not required by federal or State law. Federal law is
supreme and must be followed by Butte County, and the California Legislature, in Government
Code section 65964.1, has declared that wireless telecommunications facilities are a matter of
statewide concern. This Ordinance does not expand or alter the locations in which a
telecommunication facility may be located and does not expand or alter the size of a
telecommunication facility except as required by federal law.
This is a County-initiated amendment to Butte County Zoning Ordinance (Butte County Code
Chapter 24) for Article 26, Telecommunication Facilities. The following amendments are
proposed:
1) Modifications to what does not constitutes a substantial change (section 24-179 B.3);
2) Conform to federal and State law by paraphrasing federal and State requirements
regarding reasonable time periods for processing applications (section 24-180 E);
3) Removing particular requirements that are not required by State or federal law;
4) Updates and minor clean-up edits.
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Butte County Planning Commission
Telecommunication Facility Ordinance Amendments
August 11, 2022
III. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) REVIEW
Staff has determined that this Zoning Ordinance amendment is not a project under CEQA. This
Ordinance amends the Zoning Ordinance to make it conform to federal and State law by paraphrasing
federal and State requirements regarding reasonable time periods for processing applications and
which modifications constitute a substantial change. Federal law is supreme and must be followed by
Butte County, and the California Legislature, in Government Code section 65964.1, has declared that
wireless telecommunications facilities are a matter of statewide concern. This Ordinance does not
expand or alter the locations in which a telecommunication facility may be located and does not
expand or alter the size of a telecommunication facility except as required by federal law. This
Ordinance will not have a direct or reasonably foreseeable indirect effect on the environment and is
thus not a project.
IV. PROJECT DESCRIPTION
The proposed amendments will bring the ordinance into compliance with current State and federal
laws in regard to what does not constitute substantial change to an existing communication facility
and to include defined reasonable timeframes for processing applications.
Substantial change occurs when increases in height exceed certain limits: for monopoles or towers,
greater than 10% or the height of one additional antenna array separated from the nearest antenna
array by not more than 20 feet, whichever is greater, and for other structures, greater than 10% or
ten feet, whichever is greater; and when increases in horizontal attachments exceed certain limits: for
monopoles or towers, protruding from the edge of the monopole or tower more than twenty feet or
the width of the monopole or tower at the attachment, whichever is greater, and for other structures,
protruding from the edge of the structure more than six feet; and when more than four equipment
cabinets will be installed; and when there is any excavation or deployment outside of the current site;
and when the change would defeat the concealment elements of the structure; and when the change
does not comply with the conditions of approval for any structure. The applicant has the burden to
prove that the proposed change is not a substantial change.
Pursuant to Government Code section 65964.1, the State Legislature has declared that wireless
telecommunications facilities are a matter of statewide concern. The Legislature has determined that
a county may still make decisions regarding placement, construction, and modification of wireless
telecommunications facilities. In making such decisions, the County shall approve or disapprove an
application within a reasonable period of time as established by applicable FCC rules, i.e., for small
wireless facilities as defined in 47 C.F.R. §1.6002, 60 days for colocations and 90 days for new
structures, and for other facilities, 90 days for colocations and 150 days for new structures.
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Butte County Planning Commission
Telecommunication Facility Ordinance Amendments
August 11, 2022
The amendment proposes to remove the requirements of the owner or operator of the
communication facility to provide annual written verification that the RF/EMF emitted by the facility
conforms to safety standards set by the FCC (section 24-181 R). As part of the application, the
applicant provides a RF/EMF report that identifies the amount of emissions that will be generated by
the facility to identify that it is in compliance with FCC standards. Also being removed is the
requirement for a bond for a one-time test after the facility is in operation and bond for the removal
of the facility when it is abandoned (section 24-186 A & B). The one-time test is not recommended
based on the fact that the facility would not have been approved if it did not meet FCC RF/EMF
emissions. The bond for removal of the facility is not recommended based on the section 24-187 C,
which identifies that if the facility is not removed within 60 days of abandonment, the County may
remove the facility at the applicant’s or owner’s expense.
Section 24-183 C.2 has been edited to remove the existing language and add the following language
of “New monopoles or towers shall allow for at least two additional wireless service providers to be
located on the monopoles or towers.”
Section 24-185 (Terms of Approval) has been amended to remove the language that the permit issued
for the facility shall be valid for ten (10) years, unless extended by the Zoning Administrator. This
requirement provides undue burden on staff and operators to make sure all facilities continue to be
extended after every 10 years.
The proposed amendments do not change the type of permit required for a new facility or collocation
as identified in section 24-179 A. The amendments will assist in reducing the overall review time for
processing applications for telecommunication facilities. They will also allow for staff determine if a
modification to the existing facility constitutes a substantial change, and if not, process the
modification administratively.
V. NEXT STEPS
The Planning Commission’s recommendations concerning the proposed amendment will be
provided to the Board of Supervisors for their consideration at a future public hearing.
ATTACHMENTS:
A. Planning Commission Resolution No.____
Exhibit I - Butte County Code Chapter 24, Zoning Ordinance, Article 26 Amendments
B. Current Butte County Code Chapter 24, Zoning Ordinance, Article 26
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Resolution No. PC
A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION
RECOMMENDING THAT THE BOARD OF SUPERVISORS: ADOPT
AMENDMENTS TO BUTTE COUNTY CODE CHAPTER 24, ZONING ORDINANCE,
ARTICLE 26, TELECOMMUNICATION FACILITIES: 1) TO CONFORM TO
FEDERAL AND STATE LAW BY PARAPHRASING FEDERAL AND STATE
REQUIREMENTS REGARDING REASONABLE TIME PERIODS FOR
PROCESSING APPLICATIONS AND WHICH MODIFICATIONS CONSTITUTE A
SUBSTANTIAL CHANGE, 2) UPDATES TO EXISTING SECTIONS AND 3)
REMOVING PARTICULAR REQUIREMENTS THAT ARE NOT REQUIRED BY
STATE OR FEDERAL LAW
WHEREAS, on September 27, 2012 the Planning Commission made recommendations
to the Board of Supervisors, and on November 6, 2012, the Board of Supervisors adopted the
Zoning Ordinance Update under Ordinance #4050, and Certified a Supplemental Final EIR under
County Resolution 12-123; and,
WHEREAS, the Board of Supervisors approved Ordinance #4062, updating the Butte
County Zoning Ordnance at a duly noticed public hearing on September 10, 2013, and,
WHEREAS, the Board of Supervisors approved Ordinance #4091, updating the Butte
County Zoning Ordnance at a duly noticed public hearing on January 27, 2015, and,
WHEREAS, further County-initiated Amendments to the Zoning Ordinance in 2013, 2015,
2016, 2017, 2018, 2019, 2020, and 2021 to further address updates, corrections, and issues that
have arisen; and,
WHEREAS, from time-to-time County-initiated Amendments to the Zoning Ordinance are
required to address a variety of needed updates including but not limited to corrections, legal
compliance, and other issues that arise; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on August 11,
2022 concerning these Amendments; and,
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission hereby recommends
to the Board of Supervisors the following findings:
1.Notice of the Planning Commission hearing on the Zoning Ordinance Amendments was
given as required by law.
2.It is determined that this Zoning Ordinance amendment is not a project under the California
Environmental Quality Act (CEQA).
Attachment A
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3. The Planning Commission was presented with all of the information described in the
recitals and has considered this information in adopting this resolution.
4. The proposed Adoption of the Amendments are consistent and compatible with the General
Plan and any applicable community or specific plan as provided by Government Code
Section 65860.
5. The proposed Adoption of the Amendments are internally consistent with other applicable
provisions of the Zoning Ordinance.
DULY PASSED AND ADOPTED this 11th day of August, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Ruby Roethler, Chair Planning Commission
County of Butte, State of California
ATTEST:
_______________________________
Kao Vang, Secretary
Planning Commission
County of Butte, State of California
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Ordinance No.
AN ORDINANCE OF THE COUNTY OF BUTTE AMENDING ARTICLE 26,
ENTITLED “TELECOMMUNICATION FACILITIES”, OF CHAPTER 24,
ENTITLED “ZONING”, OF THE BUTTE COUNTY CODE
The Board of Supervisors of the County of Butte ordains as follows:
Section 1. Section 24-178 of the Butte County Code is amended to
read as follows:
24-178 - Exemptions.
The following facilities are exempt from the standards in this
article, and may be permitted if all identified standards are
met:
A.Two-way radio communications systems operated only as
an internal business or household communications
system that are not made available to third parties,
subject to the maximum height requirements as set
forth in Section 24-181.8 (General Requirements) or no
greater than fifty (50) feet in height.
B.Privately operated noncommercial facilities attendant
to a residential, noncommercial use, including amateur
radio facilities no greater than sixty-five (65) feet
in height.
C.Noncommercial television receiving antennas, subject
to the maximum height requirements for the zone, as
set forth in Section 24-181.B (General Requirements)
or no greater than fifty (50) feet in height.
D.Satellite dish (television receive only) antennas no
greater than two (2) meters in diameter which are used
for noncommercial purposes by the user, providing all
Attachment B
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such facilities are exempt from demonstrating radio-
frequency emission compliance from Federal
Communications Commission (FCC) regulation. This
exemption only applies to facilities categorically
exempt from FCC regulation, and does not apply to
facilities operated, leased to, or used by common
carriers, or wireless communications providers, or
personal communications systems (PCS) providers, or
cellular communications providers or specialized
mobile radio (SMR) communications providers, or
television and radio broadcast facilities.
E. Temporary wireless telecommunication facilities
providing public information coverage of a news event.
Mobile facilities providing public information
coverage of news events may be set up on public or
private property for a duration of up to seventy-two
(72) hours.
F. Government-owned communications facilities utilized
for a public purpose.
G. Facilities exempted under federal or State law.
H. Facilities erected and operated for emergency
situations which are approved in writing in advance of
installation by the Zoning Administrator. Uses of such
facilities shall not exceed two (2) weeks, unless an
extension is granted in
writing by the Zoning Administrator.
I. Personal wireless Internet equipment, such as a
wireless router, that complies with all applicable FCC 8
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regulations.
J. Personal handheld and portable wireless devices, such
as mobile phones, smart phones, computer tablets and
readers, cordless phones, personal digital assistants
(PDAs), and wireless headphones that comply with all
applicable FCC regulations.
K. Repair or replacement of a lawfully established
existing facility, so long as the repair or
replacement does not involve modifications to the
facility which add height, change the appearance in a
visually or physically obtrusive manner, or increase
its effective radiated power. Other modifications
which exceed this exemption but which do not
constitute a substantial change are not exempt and
shall be processed pursuant to Subsection 24-179 B 3.
Section 2. Subsection 24-179 B of the Butte County Code is amended
to read as follows:
24-179 - Permits required.
B. Special Permit Requirements.
1. Excluding collocated facilities that comply with
the standards in Section 24-184 (Co-Location
Facilities), a Conditional Use Permit shall be
required for telecommunication facilities located
within a residential zone, within one thousand
(1,000) feet of a residential zone, or within the
Airport (AIR) zone. To approve the Conditional
Use Permit, the Planning Commission shall make
the following findings in addition to the 9
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findings in Article V, Division 5 (Conditional
Use and Minor Use Permits) to approve the permit:
a. No feasible alternative site exists; and
b. A denial would constitute a prohibition on
the provision of the affected wireless
communications service in violation of
federal or State law.
2. The burden of proof shall be on the applicant to
establish the findings in Subsection 1 above.
3. A modification of an existing facility that
exceeds what is exempt pursuant to Subsection 24-
178 K but does not constitute a substantial
change to the facility pursuant to 47 C.F.R.
§1.6100 does not require a permit, but does
require that the applicant submit an application
pursuant to Section 24-180 (Application submittal
and review) [Subsections A 11, 12, 13, 15, and 17
are not required] along with supporting
documentation that demonstrates that the proposed
modification does not constitute a substantial
change in the physical dimensions of the
facility. To qualify as an existing facility, the
facility must have been reviewed and approved
pursuant to Article 26 (Telecommunication
Facilities) of the Zoning Ordinance or have been
lawfully established pursuant to previous zoning
regulations or lawfully established prior to any
requirements in the Zoning Ordinance governing 10
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such facilities.
If the application and documentation demonstrate
that the facility is an existing facility and the
modification does not constitute a substantial
change, the application shall be approved within
60 days. If not, a letter specifying why the
application is incomplete shall be sent within 30
days of receipt of the application. The applicant
and the County may mutually toll the 60-day
period to allow the applicant to provide the
information required. When the applicant provides
the information, the 60-day review period starts
again. If previously identified required
information was not provided, an additional
letter specifying why the application remains
incomplete shall be sent within 10 days. When the
applicant provides the information, the 60-day
review period starts again. If the application is
not approved or denied within the required
timelines, this inaction shall constitute a
deemed approval of the application after the
applicant has informed the County that the review
period has expired.
Substantial change, as defined in 47 C.F.R.
§1.6100(B)(7), occurs when increases in height
exceed certain limits: for monopoles or towers,
greater than 10% or the height of one additional
antenna array separated from the nearest antenna 11
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array by not more than 20 feet, whichever is
greater, and for other structures, greater than
10% or ten feet, whichever is greater; and when
increases in horizontal attachments exceed
certain limits: for monopoles or towers,
protruding from the edge of the monopole or tower
more than twenty feet or the width of the
monopole or tower at the attachment, whichever is
greater, and for other structures, protruding
from the edge of the structure more than six
feet; and when more than four equipment cabinets
will be installed; and when there is any
excavation or deployment outside of the current
site; and when the change would defeat the
concealment elements of the structure; and when
the change does not comply with the conditions of
approval for any structure. The applicant has the
burden to prove that the proposed change is not a
substantial change.
Section 3. Section 24-180 of the Butte County Code is amended to
read as follows:
24-180 Application submittal and review.
A. Applications for approval of a telecommunication
facility shall specify which reasonable time period
discussed in Subsection E below applies and include
all materials and information required for the permit
(e.g., Conditional Use Permit) plus the following
information: 12
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1. A narrative description of the proposed facility,
including the type of facility being requested.
2. A description of the type of technology and
consumer services the provider will provide to
its customers.
3. A description of the number, size, material, and
color of antennas.
3.4. A description of the number of arrays by
elevation at which antennas may be located; which
arrays the applicant’s antennas will occupy; and
the remaining arrays for colocation.
4.5. A statement specifying facility height from
natural grade to the top of the proposed
facility.
5.6. A description of any proposed support equipment,
including towers or other structures necessary to
support or house the facility.
6.7. A description of the types, quantities, and
locations of hazardous materials to be handled
on-site.
7.8. Landscaping and painting plans for the proposed
facility.
8.9. A site location map, including horizontal and
vertical location coordinates, that shows the
area on the property that will be occupied,
screened, and secured.
9.10. Elevations of the facility and any accessory
buildings, including building height and other 13
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physical dimensions, drawn to graphic scale.
10.11. A visual impact assessment, photomontages,
or mock-ups as required by the Zoning
Administrator or Planning Commission. The
assessment shall identify any proposed trimming
of vegetation that will be required for the
normal operation of the facility.
11.12. For facilities within a residential zone,
within one thousand (1,000) feet of a residential
zone, or within the AIR zone, the applicant shall
identify all antennas listed on antennasearch.com
within two (2) miles of the proposed facility and
evaluate these properties as alternative sites.
In addition, the applicant shall prepare a
discussion of and supporting information
regarding the alternative site selection of at
least three (3) additional alternative sites, if
available, including co-location opportunities,
and a statement as to why these alternative sites
or co-location opportunities were rejected.
12.13. A complete service area map showing the
entire wireless communications network of the
providers twenty (20) miles in all directions
from the proposed site for the time period from
the filing of the application to twelve (12)
months from the filing of the application, for
the purpose of visually aiding cumulative
environmental analysis, with and without the 14
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proposed facility or facilities, showing all
hand-off sites within the specified area.
13.14. RFR/EMF and wattage output data, including
the number of channels.
14.15. A graphic depiction of the search ring and
all other technical criteria used in determining
the proposed facility location.
15.16. Documentation which identifies failure
characteristics of the facility structure or
tower and demonstrates that the site and setbacks
are of adequate size to contain falling debris.
16.17. Written evidence demonstrating that the
selected facility structure or tower design is as
visually unobtrusive as possible, given technical
and engineering considerations. Submitted
evidence shall indicate what type of facility is
required to provide reasonably effective service
and also the best technology and construction
available to maximally achieve visual
unobtrusiveness.
17.18. Applicants which operate common carrier
facilities (specifically, but not limited to
cellular, PCS, SMR, and paging service licensees
of the FCC) shall provide written evidence that
the applicant has provided notice to all FCC
licensed wireless communications service carriers
operating within the County of Butte of the plans
to develop the site. 15
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18.19. 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 for
each and every such provider to which the
applicant intends to rent space on the proposed
facility.
20. A report, signed by a qualified radio frequency
engineer licensed by the FCC, prepared pursuant
to FCC OET 65, stating whether the maximum radio
frequency radiation/electromagnetic frequency
radiation (RF/EMF) to be emitted by the proposed
facility, taking into account all other
facilities, both existing and known future
facilities, at the proposed site and adjacent
properties, conforms to safety standards adopted
by the FCC, if applicable. The reports prepared
for facilities shall conform to the reporting
requirements set by the County and FCC OET 65
human exposure standards. The report shall 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 the requirements of this section. If
the proposed facility exceeds FCC OET 65 human
exposure standards, the applicant shall also 16
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provide additional comprehensive technical and
planning information regarding how the applicant
shall protect all persons from excessive exposure
consistent with all federal and State
requirements, and any additional County
requirements.
21. A narrative describing the anticipated
maintenance and monitoring program for the
structure, antennas, equipment, shelters and
cabinets, landscaping, and security features.
22. A narrative describing manufacturer’s
specifications for all equipment such as air
conditioners and generators that identifies the
equipment’s noise rating, as well as a depiction
of how close the equipment will be to adjoining
properties. The narrative shall demonstrate that
noise shall not exceed the limits set forth in
the Zoning Ordinance.
19.23. A letter from both the applicant and the
property owner stating their willingness to allow
other carriers to co-locate on the facility, as
well as how many co-locations will be allowed on
the facility.
B. Projects in agriculture zones shall, prior to
submitting an application for a proposed facility,
submit a site plan of the proposed facility to the
Butte County Agricultural Commissioner for comment and
send a notification letter to all aerial agricultural 17
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applicators registered in the county informing them of
the proposed site location and tower height. No
hearing on an application for a proposed facility in
any agriculture zone will be scheduled, nor shall any
permit for any such facility be issued without proof
that the Butte County
Agricultural Commissioner and all aerial agricultural
applicators registered in the county have been
notified, as specified above.
C. All applications for facilities that are proposed to
be located within the boundaries of any comprehensive
airport land use plan or airport area of influence, as
adopted or designated by the Butte County Airport Land
Use Commission, shall be submitted to the Department
of Development Services, and a copy submitted to the
Butte County Airport Land Use Commission for review
regarding consistency with adopted comprehensive
airport land use plans and for recommendations
addressing potential impacts to air navigation within
the airport area of influence.
D. The County may, at its sole discretion and at the
applicant's sole expense, retain an independent
consultant to review either individual elements of or
the entire application and advise the County.
D.E. Pursuant to Government Code section 65964.1, the State
Legislature has declared that wireless
telecommunications facilities are a matter of
statewide concern. The Legislature has determined that 18
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a county may still make decisions regarding placement,
construction, and modification of wireless
telecommunications facilities.
In making such decisions, the County shall approve or
disapprove an application within a reasonable period
of time as established by applicable FCC rules (47
C.F.R. §1.6003), i.e., for small wireless facilities
as defined in 47 C.F.R. §1.6002, 60 days for
colocations and 90 days for new structures, and for
other facilities, 90 days for colocations and 150 days
for new structures. The time periods may be tolled
when an applicant is timely informed the application
is materially incomplete by specifically identifying
the missing documents or information and the specific
rule or regulation requiring them to be submitted.
Timely informed means within 10 days for an initial
application for a small wireless facility, within 30
days for other facilities, and within 10 days for
subsequent notices after a resubmittal for all
facilities.
When the required materials are initially resubmitted
for a small wireless facility, the reasonable time
period restarts at zero; for other facilities and
subsequent resubmittals for all facilities, the days
between the date after the notification is sent and
the date the required materials are resubmitted are
not counted, i.e., if the notification is sent on day
9, the day the required materials are resubmitted is 19
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day 10. The failure to make a timely decision may be a
deemed approval of the application if the applicant
has provided all required public notices and the
applicant has provided notice that the reasonable time
period has lapsed and the application is deemed
approved. The reasonable time period begins to run
when the applicant makes the first required
submission.
This subsection does not apply to modifications which
do not constitute a substantial change which shall be
processed pursuant to Subsection 24-179 B 3.
Section 4. Section 24-181 of the Butte County Code is amended to
read as follows:
24-181 General requirements.
A. Setbacks.
1. Except when specifically allowed below, all new
telecommunication facilities shall be located on
a parcel so that the distance from the base of
the facility to the parcel boundary is equal to
or greater than the height of the facility.
2. In the agriculture zones (AG, AS), the Zoning
Administrator (for Administrative and Minor Use
Permits), and the Planning Commission (for
Conditional Use Permits, and appeals) may approve
a reduced setback requirement if:
a. The facility is located adjacent to an
existing structure such as a barn, rice
dryer, or other existing facility such that 20
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the facility will blend with the surrounding
area; or
b. Adjacent property owners consent in writing to
a reduced distance, no less than the minimum
setback required by the applicable zone.
Additional setback modifications may be
permitted, as described in Subsection 3
below.
3. Minimum setbacks for telecommunication facilities
that are within a non-residential zone and
located more than one thousand (1,000) feet from
any residential zone or existing legally
established residential dwellings may be reduced
with approval of a Minor Use Permit or
Conditional Use Permit in the case of the Airport
(AIR) zoneas part of the permit for the facility.
To approve the reduced setback, the review
authority shall find that:
a. Setback distances for the facility are
greater than or equal to setbacks for
primary structures in the applicable
district, or a minimum of twenty (20) feet,
whichever is greater;
b. The facility is not located within the
Scenic Highway (-SH) overlay zone;
c. The facility is not located within five
hundred (500) feet of any building or
feature located on a local or State historic 21
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or cultural significance list;
d. The facility is compatible and consistent
with any applicable adopted airport land use
plan, and the facility would not interfere
with agricultural aircraft operations;
e. The facility does not create a hazardous
condition to the general health, safety, or
welfare; and
f. Modifications of setback standards would not
interfere with other standards or
requirements addressed within the Zoning
Ordinance.
4. Minimum setbacks for telecommunication facilities
that are within a non-residential zone and
located between three hundred (300) and one
thousand (1,000) feet from any residential zone
or existing legally established residential
dwellings may be reduced with approval of a Minor
Use Permit or Conditional Use Permit in the case
of the Airport (AIR) zone. To approve the reduced
setback, the review authority shaft find that:
a. All findings specified in Subsection 3 above
can be made;
b. All lighting on the proposed facility,
including identification or warning lights
required by the FAA or other public agency.
is oriented so as to not directly illuminate
any residential use on the ground, providing 22
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that such orientation/shielding complies
with FAA or other federal or state agency
requirements;
c. The facility is aesthetically and
architecturally compatible with the
surrounding environment. The new pole
facility shall incorporate slim-line
technology, stealth camouflaging features,
or neutral colors;
d. Associated support buildings are designed to
architecturally match the exterior of
buildings in the surrounding area.
B. Height.
1. The maximum height for telecommunication
facilities in all zones shall be one hundred
(100) feet, except in Commercial and Industrial
zones where it shall be one hundred fifty (150)
feet. The review authority may approve additional
height based upon justifiable need. The height of
a telecommunication facility shall be measured
from the natural, undisturbed ground surface
below the center of the base of the monopole or
tower to the top of the monopole or tower itself
or, if higher, the tip of the highest antenna or
piece of equipment attached thereto.
2. Facilities shall use the best available
technology and construction to achieve maximal
visual unobtrusiveness. 23
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3. Telecommunication facilities may exceed the
allowed height for the applicable zone in
accordance with Subsection I B 1 above.
4. A roof-mounted wireless telecommunication
facility shall be no more than fifteen (15) feet
taller than the roof of the structure on which it
is mounted.
C. Building and Electrical Codes.
1. Telecommunication facilities shall comply with
all applicable building and electrical codes.
2. All facility operators shall submit certification
from a registered structural engineer to the
building division that all associated monopoles
and towers in excess of thirty (30) feet in
height will withstand sustained winds as required
by the California Building Code.
D. Utility Pole Mounted or Power Transmission Tower
Mounted Facilities.
1. Facilities mounted on an existing utility pole or
transmission tower are not subject to setbacks.
2. Facilities mounted on an existing utility pole or
transmission tower may increase overall height
pursuant to Subsection 24-179 B 3 or by up to
twenty (20) percent of the existing facility's
total height through the approval of a Minor Use
Permit.
E. Advertising. No advertising or commercial display is
permitted on any telecommunication facility. 24
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F. Sewage Disposal. The placement of any antenna shall
not adversely affect any on-site sewage disposal
system or its repair area without written approval
from the Division of Environmental Health.
G. Deed Restrictions. The installation of a facility
shall not violate any existing deed restrictions.
H. Vehicle Access. 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 with fifteen (15) feet
of vertical clearance.
I. Outdoor Storage. There shall be no outdoor vehicle or
equipment storage except for emergency purposes.
J. Federal and State Regulations.
1. All facilities shall fall within current
regulations of the FAA, the FCC, and any other
State and federal agency with the authority to
regulate such facilities.
2. If federal or State regulations are changed, the
property owner or responsible party shall bring
such facilities into compliance with revised
regulations within ninety (90) days of the
effective date of such regulations, unless a more
stringent compliance schedule is mandated by the
controlling agency.
K. Emissions. No facility or combination of facilities
shall generate, at any time, electromagnetic frequency
radiation (EMF) or radio frequency radiation (RF) in 25
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excess of the FCC adopted standards for human
exposure.
L. Hazardous Facilities.
1. 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.
2. In no case shall a facility remain in operation
if it is found to create a hazard to the public
health, safety, and welfare.
3. A facility shall not be found to create a hazard
to health, safety, or welfare as a result of EMF
or RF emissions from the facility so long as it
meets all current standards established by the
FCC, pursuant to FCC OET 65.
M. Abandoned Facilities. Facilities that are not in use
for a period of six (6) months shall be considered
abandoned and shall be removed. All operators who
intend to abandon the use of any facility shall notify
the County of such intention no less than 60 days
prior to the final day of use. Abandoned facilities
shall be designated as unlawful and as public
nuisances, requiring no amortization period. The
abandoned facility shall be removed pursuant to
Section 24-187 (Facility removal).
N. Distance Between Facilities.
1. A facility shall not be located within one 26
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thousand (1,000) feet of any other existing
facility.
2. The minimum required distance between facilities
may be reduced with approval of a Minor Use
Permitby making specific findings. To approve the
reduced separation, the review authority shall
find that one (1) or more of the following apply:
a. Visual impacts are negligible; or
b. The applicant can demonstrate that the site
is a technical necessity to meet the demands
of the geographic service area and the
applicant's network.
O. Impacts on Cultural Resources.
1. Locating facilities in areas of historical,
cultural or aesthetic importance to the County is
prohibited, except when:
a. No feasible alternative site exists; and
b. A denial would prohibit wireless
communications service in violation of
federal or State law.
2. The burden of proof shall be on the applicant to
establish both conditions above.
3. The County shall submit all applications for
facilities in areas of historical, cultural, or
aesthetic importance to the Northeast Information
Center, CSU Chico, and the Butte County
Historical Society for review and comment prior
to acting upon the application. 27
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P. Ground Level Support Facilities.
1. All ground level support facilities shall be
painted or screened from view with adequate
landscaping appropriate to the surrounding
environment.
2. All aesthetic treatments, including landscaping,
shall be maintained as approved for the life of
the facility.
Q. Encroachment Permit Required. Facilities may not
encroach into, under, over, above, or upon any public
street in the unincorporated area of the county in the
absence of a valid encroachment permit from the
County.
R. Annual Emissions Verification.
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.
SR. Development Schedule. Applicants may be required to
submit a development schedule if the Zoning
Administrator determines that nearby property owners
may be inconvenienced during the construction of a
telecommunication facility.
TS. Security. Facilities shall be secured at all times to
prevent access by the public. 28
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Section 5. Section 24-182 of the Butte County Code is amended to
read as follows:
24-182 Standards for zones.
A. Agriculture Zones. All facilities in AG and AS zones
shall comply with the following standards.
1. The review authority may require that tower or
pole facilities be painted from a height of ten
(10) feet above the ground to the top of the
facility with alternating aviation orange and
white stripes and have a 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 to ensure
compatibility with established air navigation
practices in the immediate area.
2. All obstruction lighting shall be visually
inspected on a regular basis to ensure proper
operation. Any lighting failure or malfunction
that affects a 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.
3. Facilities are encouraged to be located to ensure
compatibility with established or anticipated
future air navigation practices in the immediate
area, as well as to minimize the disruption of 29
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agricultural land, provided all other applicable
site development standards are met.
B. Residential Zones. All facilities in residential zones
shall comply with the following standards.
1. All lighting on a facility, including
identification or warning tights required by the
FAA or other public agency, shall be oriented not
to directly illuminate any area on the ground
within a radius of five hundred (500) feet of the
tower or monopole horizontally beyond the
facility site, providing that such
orientation/shielding complies with FAA or other
federal or state agency requirements.
2. All facilities shall be aesthetically and
architecturally compatible with the surrounding
environment. Residentially compatible materials
and veneers such as wood, brick, or stucco shall
be used for associated support buildings, which
shall be designed to architecturally match the
exterior of residential structures in the area.
3. Only one (1) monopole or tower is permitted per
parcel. Multiple facilities may be placed on the
single monopole or tower to facilitate co-
location in zones where permitted.
4. The approval of mMonopoles or towers in
agriculture or residential zones shall not exceed
thirty (30) feet in height except whenrequire the
following findings: 30
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a. No feasible alternative site exists;
and
b. A denial would constitute a prohibition
on the provision of the affected
wireless communications service in
violation of federal or State law.
5. The burden of proof shall be on the applicant to
establish both conditions described in Subsection
B 24 above.
C. Commercial and Industrial Zones. All facilities
located within an existing office or business park
shall be constructed to be architecturally compatible
with existing nearby structures or architectural
styles including color schemes, textures, and
ornamentation.
Section 6. Section 24-183 of the Butte County Code is amended to
read as follows:
24-183 Standards for types of facilities.
A. Building Facade Mounted Facilities.
1. All portions of facilities projecting above the
roof parapet or roof line shall be screened or
hidden from view.
2. The total area of all facility panels shall not
exceed the greater of ten (10) percent of the
square footage of the facade of the building or
twenty-five (25) square feet per facade,
whichever is less.
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3. All equipment shelters, cabinets, or other
structures utilized or built in connection with
the facility shall be located within the building
being utilized for the facility, or on the ground
outside of any setback area or required vehicle
parking space, or on the roof, if screened.
4. The lowest portion of all facilities shall be
located a minimum of twenty (20) feet above grade
level.
5. No portion of the facility shall project out in
any direction more than eighteen (18) inches from
the facade of the building.
6. Facilities shall be constructed or mounted and
painted to blend with the predominant
architecture of the building or shall appear to
be part of the building to which the facility is
attached.
B. Roof Mounted Facilities.
1. All equipment shelters, cabinets, or structures
utilized or built in connection with the
facilities shall be located within the building
being utilized for the antenna, or on the ground
outside of any setback area or required vehicle
parking space, or on the roof, if visually
screened.
2. Facilities affixed to towers located on the roof
of buildings shall be located as close to the
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possible, and the height of the tower shall not
exceed twenty (20) feet above the roof top.
C. Monopoles or Towers.
1. New monopoles or towers proposed in or within one
thousand (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 one thousand (1,000) feet of
the parcel on which the proposed monopole or
tower will be located.
2 Monopoles or towers in agriculture or
residential zones shall not exceed thirty (30)
feet in height except when:
No feasible alternative site exists; and
A denial would constitute a prohibition on the
provision of the affected wireless communications
service in violation of federal or State law.
2. The burden of proof shall be on the applicant to
establish both conditions described in Subsection 2
above.New monopoles or towers shall allow for at least
two additional wireless service providers to be
located on the monopoles or towers.
3. All equipment shelters, cabinets, or structures
utilized or built in connection with the facilities
shall be located within a delineated area immediately
surrounding the monopole or tower as shown on the site
plan, and outside of any setback area or required 33
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vehicle parking space, and shall be visually screened
from public view and secured from public access. The
shelters, cabinets, screening, and security, etc.,
shall be regularly maintained.
Section 7. Section 24-184 of the Butte County Code is amended to
read as follows:
24-184 Co-location facilities.
A. Co-Location Facility. means The the placement or
installation of wireless facilities, including
antennas, and related equipment, on, or immediately
adjacent to, a Wireless Telecommunications Co-location
Facility. However, "Co-location Facility" shall not
include the placement or installation of any
facilities on a Wireless Telecommunications Co-
location Facility which would add height to a Wireless
Telecommunications Facility which must be applied for
pursuant to Subsection 24-179 B 3, the placement or
installation of any new monopole or tower immediately
adjacent to a Wireless Telecommunications Co-Location
Facility, or the placement or installation of any
facilities on a Wireless Telecommunications Co-
Location Facility in a zone in which such a facility
is prohibited bythat does not conform to the
requirements of this section.
B. A co-location facility is permitted as-of-right with
the approval of an Administrative Permit if it
complies with the following requirements:
1. The existing wireless telecommunications co-34
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location facility which the co-location 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 adopted for the wireless
telecommunications co-location facility in
compliance with the California Environmental
Quality Act (Division 13, commencing with Section
21000, of the Public Resources Code), the
requirements of Section 21166 do not apply, and
the co-location facility incorporates required
mitigation measures specified in that
environmental impact report, negative
declaration, or mitigated negative declaration.
2. The co-location facility is consistent with all
requirements, including but not limited to Use
Permit conditions, applicable to the existing
wireless telecommunications co-location facility
for which the colocation facility is proposed on,
or immediately adjacent.
3. The co-location facility shall be subject to all
of the development and performance standards set
forth in this article.
C. If a co-location facility is proposed on, or
immediately adjacent to an existing co-location
facility which has not been subject to a County
discretionary permit, the wireless telecommunications 35
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co-location facility shall require the approval of a
Minor Use Permit or a Conditional Use Permit, and
shall comply with all of the following:
1. The California Environmental Quality Act 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
telecommunications co-location facility that
specifies types of wireless telecommunications
facilities that are allowed to include a co-
location facility, or types of wireless
telecommunications facilities that are allowed to
include certain types of co-location facilities;
height, location, bulk, and size of the wireless
telecommunications co-location facility;
percentage of the wireless telecommunications co-
location facility that may be occupied by co-
location facilities; and aesthetic or design
requirements for the wireless telecommunications
co-location facility, including but not limited
to applicable requirements of this section.
4. County requirements for a proposed co-location
facility, including any types of co-location 36
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facilities that may be allowed on a wireless
telecommunications co-location facility; height,
location, bulk, and size of allowed co-location
facilities; and aesthetic or design requirements
for a co-location facility.
5. The County shall hold at least one (1) public
hearing on the discretionary permit and notice
shall be given pursuant to Article Vt. Division 2
(Public Notice and Hearings).
D. Co-location facilities shall be permitted subject to
the issuance of an Administrative and building permit
and shall comply with the following development and
performance standards.
1. The installation of co-location facilities
allowed by this subsection requires the issuance
of a building permit from the Building Division.
The Building Division, based upon engineered
calculations submitted by the applicant, may
determine that the wireless telecommunications
facility cannot safety physically support the
requested co-location facility. If this is the
case, the co-location 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
Building Division.
2. All equipment shelters, cabinets, or structures 37
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utilized or built in connection with the
facilities shall be located within the building
being utilized for the facility, or on the ground
outside of any setback area or required vehicle
parking space, or on the roof, if visually
screened.
3. Additional facilities shall not extend out
horizontally from the pole more than the widest
existing projection. The use of proximity designs
is encouraged.
4. The antennas and pole shall be painted to match
the color of the existing antennas and pole or
tower, and shall be painted and constructed to
blend with the prevalent architecture and natural
features existing on the subject site, as
determined by the Zoning Administrator.
Section 8. Section 24-185 of the Butte County Code is amended to
read as follows:
24-185 Terms of approval.
A. Permits for telecommunication facilities issued under
this article shall be valid ten (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 38
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it from its location within ninety (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.
Section 9. Section 24-186 of the Butte County Code is deleted and
reserved as follows:
24-186 Performance securities.
Emissions Testing.
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 39
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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.
The applicant shall cooperate in all respects with the
County's consultant to assist the consultant to reach
a conclusion.
B. Facility Removal. 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.
Section 10. Section 24-187 of the Butte County Code is amended to
read as follows:
24-187 Facility removal.
A. Within thirty (30) days of the service provider's
intention of leaving the sitePrior to the final day of
a facility’s use, 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.
B. Within sixty (60) days of abandonment, or 40
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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.
C. If an abandoned or discontinued facility is not
removed within sixty (60) days, the County may remove
the facility at the applicant's or land owner's
expense.
Section 11. CEQA
The Board of Supervisors determines that this Zoning Ordinance
amendment is not a project. This Ordinance amends the Zoning
Ordinance to make it conform to federal and State law by
paraphrasing federal and State requirements regarding reasonable
time periods for processing applications and which modifications
constitute a substantial change. Federal law is supreme and must be
followed by Butte County, and the California Legislature, in
Government Code section 65964.1, has declared that wireless
telecommunications facilities are a matter of statewide
concern. This Ordinance does not expand or alter the locations in
which a telecommunication facility may be located and does not
expand or alter the size of a telecommunication facility except as
required by federal law. This Ordinance will not have a direct or
reasonably foreseeable indirect effect on the environment and is
thus not a project. The Board’s determination is supported by Union
of Medical Marijuana Patients, Inc. v. City of San Diego (2019) 7
Cal.5th 1171.
Section 12. Severability. 41
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If any provision of this Ordinance or the application thereof to
any person or circumstances is for any reason held to be invalid by
a court of competent jurisdiction, such provision shall be deemed
severable, and the invalidity thereof shall not affect the
remaining provisions or other applications of the Ordinance which
can be given effect without the invalid provision or application
thereof.
Section 13. Effective Date and Publication.
This Ordinance shall take effect thirty (30) days after the date of
its passage. The Clerk of the Board of Supervisors is authorized
and directed to publish this ordinance before the expiration of
fifteen (15) days after its passage. This Ordinance shall be
published once, with the names of the members of the Board of
Supervisors voting for and against it, in a newspaper of general
circulation published in the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the ____ day of ____, 2022 by the
following vote:
AYES:
NOES:
ABSENT:
NOT VOTING:
_________________________________
BILL CONNELLY, Chair
Butte County Board of Supervisors
ATTEST:
ANDY PICKETT, Chief Administrative Officer
and Clerk of the Board 42
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By: ________________________
Deputy
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