HomeMy WebLinkAboutUP23-0002 Approval LetterDepartment 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
August 24, 2023
Bill Lewis 1499 Huntington Drive, Suite 305
South Pasadena, CA 91031
Subject: Approval of Use Permit (UP23-0002); APN 072-410-022
Dear Mr. Lewis,
On August 24, 2023 the Planning Commission adopted the Negative Declaration and approved the Use Permit on the above referenced property.
The conditions of approval must be met within twenty-four (24) months from the date of approval by the Butte County Planning Commission or the approval will be considered null and void. The applicant may request an Extension of Time (Article 34, BCC Section 24-247 C), up to one additional year, with the Zoning Administrator.
The permit will go into effect ten (10) days following the Planning Commission decision, barring an appeal.
This date falls on Sunday, September 3, 2023.If you have any questions concerning this matter, please contact Austin Forde, Assistant Planner, at 530.552.3686, Monday through Friday, 8:00 a.m. to 4:00 p.m. or aforde@buttecounty.net.
Sincerely,
Austin Forde Assistant Planner
Encl: Approved Site Plan, Conditional Use Permit UP23-0002
A-1
SITE PLAN
NO.SUBMITTAL / REVISION
DRAWN:
DESIGNED:
CHECKED:
APP
APP
BL
PROJECT NUMBER:US-CA-5441
PROJECT TITLE:
US-CA-5441
SC60552B
BERRY CREEK
108 FIRE CAMP RD.
OROVILLE, CA 95966
ENGINEER STAMP:
01/07/23
DATE
APP
DRAWING TITLE:
DRAWING SCALE:
AS NOTED
DATE:
XXXX
DRAWING NUMBER:
ZD
ISSUED FOR REVIEWA
BY
UNAUTHORIZED ALTERATION OR ADDITION TO
THIS DOCUMENT IS A VIOLATION OF
APPLICABLE STATE AND / OR LOCAL LAWS
750 PARK OF COMMERCE DR.
SUITE 200 | BOCA RATON, FL | 33487
561.948.6367
SITE ACQUISITION
1499 HUNTINGTON DR. | SUITE 305
SOUTH PASADENA, CA | 91030
626.765.5079
CLIENT
01/25/23APPISSUED FOR ZONING0
05/10/23CVPLANNING COMMENTS1
1SITE PLAN
■Butte County Department of Development Services ■
■ August 24, 2023 ■ Assurance Development UP23-0002 ■ Page 1 of 4 ■
ATTACHMENT B USE PERMIT
BUTTE COUNTY PLANNING COMMISSION 08/24/2023
DATE:
UP23-0002
PERMIT NO.
072-410-022
ASSESSOR’S PARCEL NO.
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Assurance Development is hereby granted a Use Permit to develop a facility involving a 100-foot mono-pine tower and related ground equipment on a 2,500 sq. ft. fenced lease area in the central portion of the 2.04-acre site. 12 panel antennae and related equipment are
proposed to be centered at the 91-foot level. Sites for future co-location are proposed at lower
elevations. Related ground equipment will consist of two (2) ground mounted radio cabinets on a raised concrete pad, and multimeter utility service mounted on an H-frame. Access to the site will be made via a new 20-foot encroachment and access/utility easement off Camp Fire Road. The unmanned facility will provide coverage 24 hours a day, 7 days a week.
l.Failure to comply with the conditions specified herein as the basis for approval of this Use
Permit constitutes cause for the revocation of said permit in accordance with the proceduresset forth in the Butte County Code (BCC), Chapter 24, Article 34, Section 24-251 PermitRevocation or Modification.
2.Unless otherwise provided for in a special condition to this Use Permit, all conditions must
be completed prior to or concurrently with the establishment of the granted use. The use
granted by this Use Permit must be established within 24 months of the delivery of thecountersigned permit to the Permittee, or as provided by BCC Chapter 24, Article 34,Section 24-247 Time Limits and Extensions.
3.Minor changes as provided by BCC Chapter 24, Article 34, Section 24-26 C, may be
approved administratively by the Zoning Administrator upon receipt of a substantiated
written request by the applicant, or their respective designee. Prior to such approval,verification shall be made by each Department or Division that the modification isconsistent with the application, fees paid, and environmental determination asconditionally approved. Changes deemed to be major or significant in nature shall require
a formal application for amendment.
4.If any use for which a Use Permit has been granted is not established within two years ofthe date of receipt of the countersigned permit by the Permittee, the permit shall becomenull and void and reapplication and a new permit shall be required to establish the use.
5.The terms and conditions of this permit shall run with the land and shall be binding upon
and be to the benefit of the heirs, legal representatives, successors, and assigns of the
Permittee.
■Butte County Department of Development Services ■
■ August 24, 2023 ■ Assurance Development UP23-0002 ■ Page 2 of 4 ■
6. Terms of Approval (BCC Chapter 24, Article 26, Section 24-186)
A.A permit granted under this article becomes invalid if an operator of atelecommunication facility ceases to operate the facility under the terms of this
article or under the specific conditions of approval for the facility. If the facilitybecomes non-compliant, the owner shall cease to operate the facility and remove itfrom its location within 90 days of being informed that the permit has becomeinvalid.
Conditions of Approval:
Planning Division
1.All construction vehicles shall be limited to 15 mph maximum on all private access drives.
2.The telecommunication facilities shall comply with the applicable requirements underButte County Code Sections 24-181, 24-182, 24-183, 24-186 and 24-187, or as may beamended.
3.The telecommunication facilities shall comply with all applicable building and electricalcodes.
4.All facility operators shall submit certification from a registered structural engineer to thebuilding division that all associated monopoles and towers in excess of 30 feet in heightwill withstand sustained winds as required by the California Building Code.
5. No advertising or commercial display is permitted on any telecommunication facility.
6.The installation of a facility shall not violate any existing deed restrictions.
7. There shall be no outdoor vehicle or equipment storage except for emergency purposes.
8.All facilities shall meet current regulations of the Federal Aviation Administration, theFederal Communications Commission (FCC), and any other State or federal agency with
the authority to regulate such facilities.
9.If federal or State regulations are changed, the property owner or responsible party shallbring such facilities into compliance with revised regulations within 90 days of theeffective date of such regulations, unless a more stringent compliance schedule is mandated
by the controlling agency.
10.No facility or combination of facilities shall generate, at any time, electromagneticfrequency radiation (EMF) or radio frequency radiation (RF) in excess of the FCC adoptedstandards for human exposure.
11.Any facility determined by the County to be detrimental to the health, safety, or welfare of
persons working or residing near such facility, shall be removed, adjusted or replaced by
the property owner or service provider. In no case shall a facility remain in operation if itis found to create a hazard to the public health, safety, and welfare.
12.Facilities that are not in use for a period of six months shall be considered abandoned andshall be removed. Abandoned facilities shall be designated as unlawful and as public
nuisances, requiring no amortization period.
13.The owner or operator of a facility shall annually submit written verification that the radiofrequency radiation/electromagnetic frequency radiation (RF/EMF) emitted by a facility
■Butte County Department of Development Services ■
■ August 24, 2023 ■ Assurance Development UP23-0002 ■ Page 3 of 4 ■
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.
14.Facilities shall be secured at all times to prevent access by the public.
15.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 theZoning Administrator that is sufficient to cover the cost of a one-time test by a radiofrequency consultant selected by the County, sufficient to determine whether the facility’sRF/EMF emissions comply with FCC standards.
If the facility’s emissions are determined to exceed FCC standards, the applicant shall payfor such other tests and other corrective measures as are necessary to establish compliancewith FCC OET 65 and its successors. Continued noncompliance constitutes sufficientgrounds 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.
16.Prior to issuance of the building permit for the installation of a facility, the applicant shallpost a performance security in an amount and form determined by the ZoningAdministrator that is sufficient to cover the cost of removal of the facility in the event thatsuch facility is abandoned or subject to a revoked permit.
17.Within 30 days of the service provider’s intention of leaving the site, documentation of theintention to remove the facility shall be provided to the County. The removal requirementset forth in this section shall be included in the terms of lease for facilities on the property.
18.Within 60 days of abandonment, or discontinuance of use, of a telecommunications facility,the operator shall secure a Demolition Permit from the County and the facility shall be
removed and the site restored to its pre-construction condition.
19.If an abandoned or discontinued facility is not removed within 60 days, the County mayremove the facility at the applicant’s and/or land owner’s expense.
Environmental Health
20.The applicant shall submit and final a septic tank destruction permit to the satisfaction of
the Butte County Environmental Health Division of Public Health.
Cal Fire/Butte County Fire
21.All construction and development must be in accordance with current Public ResourcesCode 4290 and 4291, current adopted Board of Forestry Fire Safe Regulations, Butte
County Improvement Standards, and California Building and Fire Codes
22.The applicant shall supply a Knox Box key box or lock for fire access, pursuant toCalifornia Fire Code Sec. 506.1.
Public Works
23.Prior to issuance of building permits, applicant shall pay all applicable mitigation fees in
place at the time of issuance.
■Butte County Department of Development Services ■
■ August 24, 2023 ■ Assurance Development UP23-0002 ■ Page 4 of 4 ■
Building Division
24.Prior to installation, applicant shall obtain a building permit. Plans shall be provided inaccordance with the California Building Code and drawn by a licensed CA RDP.
Processing Fees
25.Prior to issuance of the Use Permit, applicant shall pay any outstanding project-relatedprocessing fees.
I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in
fact the conditions which were imposed upon the granting of this Use Permit, and that I agree to abide fully by said conditions.
Date: ______________________ ________________________________________________ Applicant
NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Division permits before starting construction, nor does it waive any other requirements.
cc: Land Development Division Building Division
Environmental Health Division Butte County Fire Department