HomeMy WebLinkAboutUP23-0003 Incomplete Letter Department 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
buttecounty.net/dds
March 29, 2023
Assurance Development jcosgrove@assurance-realty.com
Subject: Incomplete Letter for UP23-0003 a 100’ Monopine Tower proposed on APN 028-240-034
Dear Jim, On March 29, 2023, the Department of Development Services, Planning Division determined that the above application was deemed incomplete. 1. Please clarify the access easements proposed. Sheets LS-1 and LS-2 appear to show the southern access route as the proposed access easement with the northern alignment as a 5-foot utility easement, while Sheets A-1 and A-2 show the northern alignment with a 20-foot access and utility easement. Sheet A-1 also shows a label for a 15-foot wide access and utility easement, but the easement is not shown.
2. Please ensure that all plans are scaled properly. Currently, Sheets LS-1, LS-2, A-1, and A-2 are not scaling accurately.
3. Please ensure that if the northern access is used, the driveway is no less than 10 feet from the property line per Butte County driveway standards, and that all inside horizontal curve radii are no less than 50 feet per State Fire Safe Regulations.
4. Per Article 16 of Butte County Chapter 24 (Zoning Ordinance), we require a 50’ setback from the stream bed of the waterway located south of the proposed lease area to any
component of the proposed lease area. Show this on your site plan. 5. You will need to justify the reasoning for the lightening rod pursuant to Chapter 24-181 B. 1.
since the height of the tower will exceed the allowed 100’. Unless you can reduce the tower height, your justification will be presented to the Planning Commission at the hearing to determine whether or not the height exceedance is permitted. 6. Place a scale bar for measurement reference on your coverage maps, and ensure that the maps reach to at least 3 miles in all directions from the proposed site. (24-180 A. 13.) 7. A description of the types, quantities, and locations of hazardous materials to be handled
on-site. (24-180 A. 7.) 8. We will need a total of three additional alternative sites with discussion and supporting
information, and statements as to why these alternative sites were rejected. You present two
alternative sites on page 8 of your plan submittal package. One additional site is required. (24-180 A. 12.)
9. 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. (24-
180 A. 16.) 10. 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. (24-180 A. 18.)
11. Evidence of a valid, current operating license or construction permit from the FCC or, if the applicant is not a wireless communications service provider, a user operating agreement for each and every such provider to which the applicant intends to rent space on the proposed facility. (24-180 A. 19) 12. A narrative describing the anticipated maintenance and monitoring program for the structure, antennas, equipment, shelters and cabinets, landscaping, and security features.
(24-180 A. 21.) 13. 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. (24-180
A. 22.) Note that for purposes of the 150 day “shot clock” that this will be on hold from today, until I have
received the necessary documents and materials to render the project complete and begin the environmental review process. Note that this clock started on the day we received payment for the project, which was March 7, 2023.
If you have any questions about this determination please contact Senior Planner, Tristan Weems, AICP at 530.552.3685 or tweems@buttecounty.net. Sincerely,
Tristan Weems, AICP Senior Planner
Encl: Telecommunications Ordinance
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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 24-176 of the Butte County Code is amended to
read as follows:
24-176 – Purpose
This article establishes 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,
antennas, and broadband associated ground-mount
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.
E. Encourage wireless telecommunication providers to
locate new monopoles, towers, and antennas in areas
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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.
Section 2. 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 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
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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
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.
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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
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 3. Section 24-179 of the Butte County Code is amended to
read as follows:
24-179 - Permits required.
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A. Permits required for telecommunication facilities shall
be as specified in Table 24-179-1 (Permits Required for
Telecommunication Facilities).
B. TABLE 24-179-1 PERMITS REQUIRED FOR TELECOMMUNICATION FACILITIES
Key
A Administrative Permit required
M Minor Use Permit required
C Conditional Use Permit required
- Use not allowed
Type of Telecommunication Facility
Co-Location
Facilities/Small
Wireless
Facilities [1]
Ground
Mount
Antenna
Facilities
[2]
Building
Mounted
Utility
Pole
Mounted
New
Tower or
Pole
Agriculture Zones
Agriculture (AG) A A M M C
Agriculture Services (AS) A A M M C
Natural Resource Zones
Timber Mountain (TM) A - M A M
Timber Production (TPZ) A - M A M
Resource Conservation (RC) A - M A M
Residential Zones
Foothill Residential (FR) A - C C C
Foothill Country Residential (FCR) A - C C C
Rural Residential (RR) A - C C C
Rural Country Residential (RCR) A - C C C
Very Low Density Residential (VLDR) A - C C C
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Key
A Administrative Permit required
M Minor Use Permit required
C Conditional Use Permit required
- Use not allowed
Type of Telecommunication Facility
Co-Location
Facilities/Small
Wireless
Facilities [1]
Ground
Mount
Antenna
Facilities
[2]
Building
Mounted
Utility
Pole
Mounted
New
Tower or
Pole
Very Low Density Country Residential
(VLDCR)
A
-
C C C
Low Density Residential (LDR) A - C C C
Medium Density Residential (MDR) A - C C C
Medium High Density Residential
(MHD)
A
-
C C C
High Density Residential (HDR) A - C C C
Very High Density Residential (VHDR) A - C C C
Commercial and Mixed Use Zones
General Commercial (GC) A A M A M
Neighborhood Commercial (NC) A A M A M
Community Commercial (CC) A A M A M
Recreation Commercial (RE) A A M A M
Sports and Entertainment (SE) A A M A M
Mixed Use (MU) A A M A M
Industrial Zones
Light Industrial (LI) A A M A M
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Key
A Administrative Permit required
M Minor Use Permit required
C Conditional Use Permit required
- Use not allowed
Type of Telecommunication Facility
Co-Location
Facilities/Small
Wireless
Facilities [1]
Ground
Mount
Antenna
Facilities
[2]
Building
Mounted
Utility
Pole
Mounted
New
Tower or
Pole
General Industrial (GI) A A M A M
Heavy Industrial (HI A A M A M
Special Purpose Zones
Public (PB) A A M A M
Airport (AIR) A - C C C
Research and Business Park (RBP) A - M A M
Planned Development (PD) A - M A M
[1] See section 24-185
[2] See section 24-183 C
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
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the following findings in addition to the
findings in Article V, Division 5 (Conditional
Use and Minor Use Permits) to approve the permit:
a. No feasible alternative site exists; and
b. The applicant has demonstrated that there is
a significant gap in its ability to provide
wireless communications service, and the
placement of this facility is the least
intrusive means to close the significant gap
based on county regulations.
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, 17,
and 23 are not required, and, if the change does
not involve ground equipment or work on the
ground, the response to subsection A 8 may be “No
ground work”] along with supporting documentation
that demonstrates that the proposed modification
does not constitute a substantial change in the
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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 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 begins
running 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 begins running again. If the
application is not approved or denied within the
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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
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, aside from the
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allowances for height, width, ground equipment,
and/or excavation or deployment outside of the
current site listed above. The applicant has the
burden to prove that the proposed change is not a
substantial change.
Section 4. 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:
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.
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.
5. A statement specifying facility height from
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natural grade to the top of the proposed
facility.
6. A description of any proposed support equipment,
including towers or other structures necessary to
support or house the facility.
7. A description of the types, quantities, and
locations of hazardous materials to be handled
on-site.
8. Landscaping and painting plans for the proposed
facility.
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.
10. Elevations of the facility and any accessory
buildings, including building height and other
physical dimensions, drawn to graphic scale.
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.
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
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identify all antennas owned and/or operated by
wireless service providers 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.
13. A complete service area map showing the entire
wireless communications network of the providers
three (3) 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 proposed facility
or facilities, showing all hand-off sites within
the specified area.
14. RFR/EMF and wattage output data, including the
number of channels.
15. A graphic depiction of the search ring and all
other technical criteria used in determining the
proposed facility location.
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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.
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.
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.
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
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facility.
20. A report, signed by a qualified radio frequency
engineer licensed by the State of California,
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 provide
additional comprehensive technical and planning
information regarding how the applicant shall
protect all persons from excessive exposure
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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.
23. A letter from both the applicant and the property
owner stating their willingness to allow other
wireless service providers to colocate on the
facility, as well as how many colocations 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
applicators registered in the county informing them of
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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.
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
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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
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not counted, i.e., if the notification is sent on day
9, the day the required materials are resubmitted is
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 5. 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
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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
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
as 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;
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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
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:
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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
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
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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.
3. Telecommunication facilities may exceed the
allowed height for the applicable zone in
accordance with Subsection 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.
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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.
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.
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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
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.
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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
thousand (1,000) feet of any other existing
facility.
2. The minimum required distance between facilities
may be reduced by 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
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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.
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.
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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. 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.
S. Security. Facilities shall be secured at all times to
prevent access by the public.
Section 6. 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
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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
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
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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 monopoles or towers in
residential zones shall require the following
findings:
a. No feasible alternative site exists;
and
b. The Applicant has demonstrated that
there is a significant gap in its
ability to provide wireless
communications service, and the
placement of this facility is the least
intrusive means to close the
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significant gap based on county
regulations.
5. The burden of proof shall be on the applicant to
establish both conditions described in Subsection
B 4 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 7. 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.
3. All equipment shelters, cabinets, or other
structures utilized or built in connection with
the facility shall be located within the building
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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
center of the roof as feasibly and aesthetically
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possible, and the height of the tower shall not
exceed twenty (20) feet above the roof top.
C. Ground Mount Antenna Facilities
1. New Ground Mount Antenna Facilities proposed in
an Agriculture zone or within one thousand
(1,000) feet of a residential zone 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 facility will be located.
2. In Agriculture zones, the minimum size of a
parcel on which a facility may be located shall
be 10 acres.
3. In Agriculture zones, the maximum size of the
facility shall be no more than 2.5 percent of the
parcel size, or 15,000 square feet, whichever is
less.
4. Ground Mount Antenna Facilities are not allowed
on parcels under a Williamson Act Contract.
5. The maximum height of any structure in the
facility shall be 10 feet.
6. The facility shall meet the minimum setbacks of
the zone.
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7. All equipment utilized or built in connection
with the facility shall be located within a
secured fenced area.
8. The installation of a Ground Mount Antenna
Facility requires the issuance of a building
permit from the Building Division.
D. 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. 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
vehicle parking space, and shall be visually screened
from public view and secured from public access. The
shelters, cabinets, screening, and security, etc.,
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shall be regularly maintained.
E. Facilities in the Right-of-Way.
Only small wireless facilities may be placed in the
right-of-way.
Section 8. 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 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 that 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:
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1. The existing wireless telecommunications co-
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
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immediately adjacent to an existing co-location
facility which has not been subject to a County
discretionary permit, the wireless telecommunications
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
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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
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
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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
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 9. Section 24-185 of the Butte County Code is amended to
read as follows:
24-185 Small Wireless Facilities.
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A. Applicability: Notwithstanding any other provision of
the Butte County Code, the standards for placement and
design of Small Wireless Facilities shall be governed
only by this section.
B. Facility: Small Wireless Facilities are much smaller
than traditional telecommunications facilities and may
be installed on telephone poles, streetlight poles,
and traffic signals, etc. They are less visually
intrusive because in some cases an antenna and its
associated equipment may be located in a single box,
and, in other cases, an antenna may extend above the
height of the existing pole by only a few feet, and
its associated equipment may be located in boxes
attached to the pole.
C. Definition: Small Wireless Facilities are defined in
47 C.F.R. §1.6002(l). The definition generally
includes: each antenna is no more than three cubic
feet in volume; all other wireless equipment on the
structure supporting the antenna, including the
wireless equipment associated with the antenna, is no
more than 28 cubic feet in volume; the structure
supporting the antenna and equipment is 50 feet or
less in height including the antenna or the antenna
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does not extend more than 10% above the existing
structure, whichever is greater; and the radio
frequency radiation does not exceed applicable safety
standards. The laws, rules, and regulations governing
small wireless facilities are discussed in a legal
decision, i.e., City of Portland v. United States
(2020) 969 F.3d 1020.
D. Location: In subsection (b) of Section 24-176,
Purpose, it states that there are standards for the
placement and design of wireless telecommunication
facilities which are intended to encourage the
location in non-residential areas and discourage the
location in residential areas. Based on this purpose,
this section establishes preferred locations and less
preferred locations. Preferred locations are where
there are no residences, residential zones, or schools
nearby. Less preferred locations are where there are
residences, residential zones, or schools nearby.
Nearby means adjacent to or across the street from a
residence, residential zone, or school.
E. Permit: An administrative permit, pursuant to Section
24-180 (Application submittal and review) [Subsections
A 4, 12, 13, 15, and 23 are not required, and, if the
change does not involve ground equipment or work on
the ground, the response to subsection A 8 may be “No
ground work”], is required in all areas. The
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administrative permit shall address the standards set
forth below and shall allow the applicant, when the
applicant proposes to locate the facility in a less
preferred area, to demonstrate that there is no
preferred location within 500 feet of the proposed
location or that available preferred locations within
500 feet of the proposed location are not technically
feasible. Applications for a less preferred location
shall be accompanied by clear and convincing written
evidence demonstrating that a preferred location is
infeasible and that approval of the proposed location
rather than a preferred location is therefore needed.
To be approved, the applicant shall demonstrate that:
the applicant does not own any property or facilities
within 500 feet of the proposed site that could
provide service rather than the proposed site; no
preferred location exists within 500 feet of the
proposed site; or any preferred location within 500
feet of the proposed site is technically infeasible.
The applicant has the burden of proof to demonstrate
that these provisions are satisfied with clear and
convincing evidence. In reviewing a request for a less
preferred location, the County may hire an independent
consultant at the applicant’s expense to evaluate the
application and the applicant’s demonstration of need.
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F. Standards: The antenna and equipment shall be made as
visually unobtrusive as possible, matching the
structure on which they are located; they cannot
overhang a property line; they cannot impede worker
access to the infrastructure of the telephone poles,
streetlight poles, and traffic signals, etc. or
infrastructure owned or operated by a public or
private utility agency; they cannot impede worker
access to traffic control devices, such as signs,
signals, or parking meters, etc.; they cannot impede
access to public transportation facilities, etc.; they
cannot impede access to a fire hydrant or water valve
or to any fire escape; they cannot impede access to
any ingress or egress point to any building
appurtenant to the right-of-way; and they should be
located on telephone poles, streetlight poles, and
traffic signals, etc., that are as close as possible
to shared property lines. A small wireless facility
cannot be located within 1,000 feet of another small
wireless facility operated by the same carrier or
within 200 feet of any small wireless facility
regardless of its ownership or maintenance.
G. Standards for right-of-way: Only small wireless
facilities may be placed in the right-of-way.
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For each small wireless facility placed in the right-
of-way, the applicant shall obtain an encroachment
permit.
Small wireless facilities placed in the right-of-way
shall not impede sight distance at intersections or
driveways for all roadway users. They shall not impede
pedestrian use of sidewalks or pathways and shall be
designed and sited in compliance with the Americans
with Disabilities Act.
The zoning district that applies to a small wireless
facility placed in the right-of-way is the zoning
district of the adjoining land.
If the applicant demonstrates the need for a small
wireless facility near a residence, residential zone,
or school, the facility shall be placed: in a median,
if one exists; a minimum of 25 feet from the nearest
residence or school; outside of the central 50% of the
property’s frontage, unless there is no feasible
alternative location within 500 feet.
No new structures, such as monopoles or towers, etc.,
shall be located in the right-of-way where there are
already existing structures nearby unless the
applicant demonstrates that it is technically
infeasible to use the existing structures. If there
are no existing feasible structures within 500 feet
along the right-of-way, the applicant must demonstrate
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that there is sufficient room within the right-of-way
that is outside of the travel lanes to safely locate a
new structure and that the new structure shall be
constructed and located in a manner that will not
incommode the public use of the right-of-way. A new
structure shall be located in alignment with existing
trees or poles, etc., and it shall be located at an
equal distance between existing trees or poles, etc.,
as well as a sufficient distance from existing trees
to avoid the critical root zone of any tree.
Section 10. Section 24-186 of the Butte County Code is amended to
read as follows:
24-186 Terms of approval.
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 ninety (90) days of being
informed that the permit has become invalid.
Section 11. Section 24-187 of the Butte County Code is amended to
read as follows:
24-187 Facility removal.
A. Prior 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
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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 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 facility is not removed within sixty
(60) days, the County may remove the facility at the
applicant's or land owner's expense.
Section 12. 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
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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 13. Severability.
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 14. 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.
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PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the 24th day of January, 2023 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 By: ________________________ Deputy