HomeMy WebLinkAboutUP23-0002 PC Packet■Butte County Department of Development Services ■
■ August 24, 2023 ■ Assurance Development UP23-0002 ■ Page 1 of 17 ■
BUTTE COUNTY PLANNING COMMISSION
AGENDA REPORT – August 24, 2023
RECOMMENDATION:
Staff recommends the Planning Commission adopt the Negative Declaration prepared pursuant
to the California Environmental Quality Act (CEQA), and approve Use Permit UP23-0002, subject
to the findings and conditions in the attached Resolution (Attachment A).
PROJECT DESCRIPTION:
Per BCC sec. 24-179 Assurance Development is requesting a Use Permit to construct a wireless
telecommunication facility. The facility includes a 100-foot mono-pine tower and related ground
equipment in a 2,500 sq. ft. fenced lease area in the central portion of the 2.04-acre site. Twelve
(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
Applicant: Assurance Development Location:
Owner: Peter Phelan
File #: Use Permit UP23-0002 Supervisor
District:
Request: Use Permit to construct a
wireless telecommunication
facility that includes a 100-foot
tall mono-pine.
Project
Planner:
G.P.:
Zoning:
FR (Foothill Residential)
FR-20 (Foothill Residential, 20-
acre minimum)
Parcel Size:
Attachments:
The parcel is located at 108 Fire
Camp Road, Oroville, CA 95966,
approximately 10.3 miles
southeast of the City of Oroville
via Forbestown Road and
Oroville Quincy Highway.
1 (Bill Connelly)
Austin Forde
Assistant Planner
2.04± acres
A: PC Resolution
B: Use Permit with
Conditions of Approval
C: Zoning Map / Site Plan
D: Photo Simulations
E: IS/ND
F: Public Comment
APN: 072-410-022
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access/utility easement off Fire Camp Road.
T-Mobile will be the first tenant, and the monopole will be designed to accommodate co-location
by additional wireless carriers. Once constructed and operational, the communications facility
would provide 24-hour service to customers seven days a week. Apart from initial construction
activity, no personnel would be stationed at the site. Routine maintenance and inspection of the
facility would occur once a month during normal business hours. No water or sewer service is
required as the site would be unmanned. Electric service will be provided by PG&E.
SITE CHARACTERISTICS AND SURROUNDING USES:
The 2.04± acre project site is located south of Forbestown Road within the Foothill Residential
(FR-20) zoning district. The project site has been previously developed with residential and
accessory uses. Removal of the damaged residential structure, underground tank, and septic and
leach field is proposed as shown on the attached revised site plan.
Surrounding land uses include Foothill Residential zoning with low-density residential land uses
and vacant land.
Direction General Plan
Designation Zoning Existing Land Use(s)
North Foothill Residential FR-20 Residential
South Foothill Residential FR-20 Residential
East Foothill Residential FR-20 Residential, Vacant
West Foothill Residential FR-20 Residential
ANALYSIS:
Zoning Consistency
Wireless Communication Facilities are regulated by Article 26, Telecommunication Facilities, of
the Butte County Code. The Purpose (BCC sec. 24-176) is to:
A. Allow reasonable opportunities for wireless communication providers to provide such
services to the community in a safe, effective, and efficient manner.
B. Encourage the location of new monopoles, towers and antennas in non-residential areas,
thereby discouraging the need for such facilities in residential areas.
C. Minimize the total number of antennas through the county.
D. Encourage co-location of facilities at appropriate new and existing monopoles, towers
and antenna sites.
E. Encourage wireless communication providers to locate new monopoles, towers and
antennas in areas that minimize adverse impact on agricultural and air navigation.
F. Require wireless communication providers to design and configure wireless
communication facilities in a way that minimizes visual impacts.
G. Protect the public’s interest in the safe operation of emergency services such as air
ambulance, medical and air evacuation, firefighting, law enforcement, search and rescue,
vector control, and resource management.
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BCC sec. 24-181 (General Requirements for Telecommunication Facilities):
A. Setbacks
Except when specifically allowed, 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. (Reduced setbacks are allowed in the agriculture zones and non-
residential zones with conditions specified in 24-181 A.2 to A.4.) thereto.
The height of the mono-pine from grade to the top of the steel structure is one hundred (100) feet.
The mono-pine is set back 126’-8” from the northern property line and 122’ from the southern
property line, which meets the 1-to-1 height to setback ratio requirement.
B. Height
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 and fifty (150) feet. The
review authority may approve additional height based on 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. thereto.
The project site is situated in a residential zone, and the height of the mono-pine from grade to
the top of the steel structure is one hundred (100) feet, which meets the one hundred (100) foot
maximum height standard.
H. Vehicle Access.
All facilities shall have a fifteen (15) 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.
The project proposes twenty (20) foot-wide all-weather access to Fire Camp Road, a publicly
maintained road, through a future encroachment entitlement and recordation of a non-
exclusive access and utility easement, which meets this access requirement.
N. Distance Between Facilities
A facility shall not be located within one thousand (1,000) feet of any other existing facility.
The project is located in excess of 1,000 feet from the nearest telecommunication facility, which
meets this separation requirement.
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.
The project proposes twenty (20) foot-wide all-weather access to Fire Camp Road, a publicly
maintained road, through a future encroachment entitlement, which meets this entitlement
requirement.
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BCC sec. 24-182 (Standards for Zones):
B. Residential Zones.
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.
The project proposes shielded lighting to prevent the direct illumination of areas within a
radius of five hundred (500) feet of the mono-pine, which meets this lighting requirement.
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.
The project proposes mono-pine concealment, and aesthetic compatibility is proposed for
the facility’s ground-mounted radio cabinets, which meets this compatibility requirement.
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.
No other monopole or tower exists on the parcel, nor is an additional tower proposed,
which meets this location requirement.
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 significant gap based on county regulations.
No feasible alternative site exists to meet the applicant’s measured gap in coverage, which
meets this location requirement.
5. The burden of proof shall be on the applicant to establish both conditions described in
Subsection B.4. above.
The applicant has provided evidence of their stated gap in coverage, which meets this
evidential requirement.
BCC sec. 24-183 (Standards for Types of Facilities):
D. Monopoles or Towers.
1. New monopoles or towers proposed in or within 1,000 feet of agriculture and residential
zones require written notice, in a manner approved by the Zoning Administrator, to be
given to owners of parcels located within a minimum radius of 1,000 feet of the parcel on
which the proposed monopole or tower will be located.
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Property owners within one thousand (1,000) feet of the project parcel were notified of
the project, environmental document, and public hearing for the project, which meets this
notification requirement.
2. New monopoles or towers shall allow for at least two (2) additional wireless service
providers to be located on the monopoles or towers.
While T-Mobile will be the initial tenant, the facility is designed to accommodate two
additional carriers for co-location, which meets this co-location requirement.
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., shall be
regularly maintained.
All shelters, cabinets or structures proposed in conjunction with the facilities, including
two (2) ground mounted radio cabinets on a raised concrete pad and multimeter utility
service mounted on an H-frame, are proposed for construction in a 2,500 sq. ft. lease area
immediately surrounding the tower and outside of any setback area, and will be screened
from public view by barrier fabric and chain link fencing, which meets this screening
requirement.
To approve a use permit, the proposed project must comply with applicable standards in the
zoning ordinance, other County ordinances, the General Plan, County Improvement Standards,
and supported by the findings (Butte County Code 24-222) that are set forth in the attached
Planning Commission Resolution.
AGENCY COMMENTS:
The Butte County Public Health Department, Environmental Health Division provided clearance
in their review with conditions set forth under Attachment C: Use Permit, requiring as a condition
of approval that the applicant submit and final a septic tank destruction permit.
The Butte County Fire Department provided clearance in their review with conditions as set forth
under Attachment C: Use Permit, noting that the project is located within the State Responsibility
Area (SRA) and a High Fire Hazard Severity Zone, with Butte County Fire being the Fire
Department having jurisdiction. Butte County Fire is requiring as conditions of approval that all
construction proceed in accordance with the Public Resources Code, the Board of Forestry’s Fire
Safe Regulations, Butte County’s Improvement Standards, and the California Building Code, and
that a lock box be provided for fire department access.
The Butte County Public Works Department, Land Development Division provided clearance in
their review with conditions as set forth under Attachment C: Use Permit, requiring as a condition
of approval that the applicant pay all applicable mitigation fees in place prior to the issuance of
building permits.
The Butte County Building Division provided clearance in their review with conditions as set
forth under Attachment C: Use Permit, requiring as conditions of approval that a building permit
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be obtained prior to installation, and that plans drawn by a licensed CA RDP be provided in
accordance with current code at the time of application.
General Plan Consistency
General Plan goals and policies were evaluated in the context of the proposed project. 8 goals
and 11 policies were identified as applying to the project. The following table identifies each
applicable goal and policy and includes a rationale for the project's consistency with each policy.
General Plan 2040 Goals and Policies Consistency Review
WATER RESOURCE ELEMENT
GOAL W-6. Protect water quality through
effective stormwater management.
Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
W-P6.3. Temporary facilities shall be installed as
necessary during construction activities in order
to adequately treat stormwater runoff from
construction sites.*
Consistent. The proposed project will include
BMPs as necessary during construction activities.
BMPs may include silt fences, stakes straw
bales/wattles, silt/sediment basins, temporary
revegetation, and any other appropriate
measures.
CONSERVATION AND OPEN SPACE ELEMENT
GOAL COS-1. Reduce greenhouse gas emissions
to support the State’s goal of carbon neutrality
by 2045 by reducing emissions to 6.0 MTCO2e
per person by 2030, 4.0 MTCO2e per person by
2040, and no more than 2.0 MTCO2e per person
by 2050.
Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
COS-P1.1. Greenhouse gas emission impacts from
proposed development projects shall be
evaluated as required by the California
Environmental Quality Act (CEQA).
Consistent. The Initial Study, prepared pursuant
to CEQA, evaluated whether the proposed project
would cause an adverse impact from greenhouse
gas emissions, and whether the project is
consistent with the Butte County CAP.
COS-P1.2. New development projects shall
mitigate greenhouse gas emissions on-site or as
close to the site as possible.
Consistent. Cal Green development measures will
be applied in the design of the facility, with the
use of alternative fuels for construction
equipment and limiting construction equipment
idling times applied during construction.
GOAL COS-15. Preserve important cultural
resources.
Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
COS-P15.2. As part of CEQA and NEPA projects,
evaluations of surface and subsurface cultural
resources in the county shall be conducted. Such
evaluations should involve consultation with the
Northeast Information Center.
Consistent. Cultural resources on the project site
was evaluated under CEQA. The Northeast
Information Center was not consulted due to the
previously developed nature of the property.
GOAL COS-17. Respect Native American culture
and planning concerns.
Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
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General Plan 2040 Goals and Policies Consistency Review
COS-P17.7. Consistent with State local and tribal
intergovernmental consultation requirements
such as SB18 and AB52, the County shall consult
with Native American tribes that may be
interested in proposed new development projects
and land use policy changes.
Consistent. Notification of the project and
invitations for consultation were sent to Tribes
who requested it under Public Resources Code
section 21080.3, including the Paskenta Band of
Nomlaki Indians, the Mechoopda Indian Tribe,
and the Mooretown Rancheria of Maidu Indians.
GOAL COS-18. Maintain and enhance the quality
of Butte County's scenic and visual resources.
Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
COS-P18.1. Views of Butte County's scenic
resources, including water features, unique
geologic features and wildlife habitat areas, shall
be maintained.*
Consistent. No scenic resources were identified
within the project area that would be adversely
impacted by the proposed project, including any
substantial water features, unique geological
features, or wildlife habitat areas.
HEALTH AND SAFETY ELEMENT
GOAL HS-1. Maintain an acceptable noise
environment in all areas of the county.
Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
HS-P1.7. Applicants for discretionary permits shall
be required to limit noise-generating construction
activities located within 1,000 feet of residential
uses to daytime hours between 7:00 a.m. and
6:00 p.m. on weekdays and non-holidays.
Consistent. The project is subject to the County's
noise control ordinance, which requires that
construction activities occur during daytime hours
to be exempt from the County's noise standards.
HS-P1.8. Noise from generators shall be regulated
near existing and future residential uses.
Consistent. The proposed back-up generator is
exempt from the noise ordinance since it will used
during emergency situations, such as a power
outages.
HS-P1.9. The following standard construction
noise control measures shall be required at
construction sites in order to minimize
construction noise impacts: (a.) Equip all internal
combustion engine driven equipment with intake
and exhaust mufflers that are in good condition
and appropriate for the equipment. (b.) Locate
stationary noise-generating equipment as far as
possible from sensitive receptors when sensitive
receptors adjoin or are near a construction
project area. (c.) Utilize quiet air compressors
and other stationary noise-generating equipment
where appropriate technology exists and is
feasible.*
Consistent. Noise control measures are standard
in the construction industry and are commonly
used to minimize noise impacts to surrounding
uses.
GOAL HS-11. Reduce risks from wildland and
urban fire.
Consistent. This goal is more specifically
reviewed in the discussion of the policies below.
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General Plan 2040 Goals and Policies Consistency Review
HS-P11.1. Fire hazards shall be considered in all
land use and zoning decisions, environmental
review, subdivisions review and the provision of
public services.
Consistent. Fire hazards associated with the
project were evaluated by staff and the Butte
County Fire Department/Cal Fire. No hazards
were identified, and two conditions are
recommended for the approval of the project.
PUBLIC COMMENTS:
No written public comment has been received by staff at the time of report preparation.
ENVIRONMENTAL REVIEW (CEQA):
In compliance with Section 15073(a), the Initial Study/Negative Declaration (IS/ND) (Attachment
E), application, and reference documents for this project were placed on file for public review
and comment for a 30-day period starting July 25, 2023, through August 23, 2023. Notices of
Intent regarding the 30-day review period were mailed to all landowners within 1,000’ of the
project site pursuant to 24-183 D. 1, and a notice was published in the Oroville Mercury Record.
The Initial Study prepared for this project determined that no environmental factors would be
potentially impacted, and prepared a Negative Declaration. The Initial Study/Negative
Declaration, attached to this agenda report, recommended no mitigation measures.
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ATTACHMENT A
RESOLUTION PC23-
A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING USE PERMIT UP23-0002
WHEREAS, the Planning Commission has considered Use Permit UP23-0002 for
Assurance Development, in accordance with Article IV, Division 2; Telecommunication Facilities, of the Butte County Code on Assessor’s Parcel Number 072-410-022; and
WHEREAS, said project was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and
WHEREAS, a duly noticed Planning Commission hearing was held on August 24, 2023; and
WHEREAS, the Planning Commission has considered a staff report from the Planning
Division.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission:
I.Has considered the Initial Study and Negative Declaration in accordance with theCalifornia Environmental Quality Act (CEQA), and adopts the Negative Declaration withthe following findings:
A.An Initial Study was completed in compliance with the California EnvironmentalQuality Act. Said Study identified no potentially significant environmental effectsand included no mitigation measures.
B.The Planning Commission has considered the Negative Declaration, together with
comments received during the review process.
C.On the basis of the whole record before the Planning Commission, including theInitial Study and any comments received, there is no substantial evidence that theMinor Use Permit for Assurance Development, Planning Division File No. UP23-0002, with conditions here attached, would have a significant effect on the
environment.
D.The Negative Declaration reflects the independent judgment and analysis of theCounty, which is the Lead Agency.
II.Finds that collection of fees pursuant to Fish and Wildlife Code Section 711.4 is required,prior to filing a Notice of Determination for the project, unless the project proponent
provides verification from the California Department of Fish and Wildlife that the project
is exempt from the fee requirement. If a required fee is not paid for a project, the projectwill not be operative, vested or final and any local permits issued for the project will beinvalid (Section 711.4 (c)(3)).
III.The custodian of the record is the Department of Development Services. The location of
the record is 7 County Center Drive, Oroville CA 95965.
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IV.Approves Use Permit UP23-0002 for Assurance Development, subject to the conditionsfound in Attachment “C” and the following findings:
A.The proposed use is allowed in the applicable zone.
The project parcel is zoned FR-20 (Foothill Residential, 20-acre minimum). The FR-20 zone permits new towers or poles with a Use Permit entitlement.
B.The location, size, design, and operating characteristics of the proposed use will becompatible with the existing and future land uses in the vicinity of the subject property.
The proposed monopole meets BCC requirements for Telecommunication Facilities
and will be compatible with the existing residential and vacant land uses and any futureland uses on-site or in the vicinity.
C.The proposed use will not be detrimental to the public health, safety, and welfare of theCounty.
The T-Mobile installation consisting of twelve (12) panel antennae mounted on a mono-
pine will not exceed the Federal Communications Commission’s (FCC) acceptedGeneral Public limit, thus complying with said agency’s regulations for RadioFrequency Electromagnetic Fields (RF-EME).
No battery storage is proposed as part of the communications facility. A building
permit is required for construction of the proposed communications facility, which will
ensure the engineered structure will adhere to building safety standards of theCalifornia Building Code.
D.The proposed use is properly located within the County and adequately served byexisting or planned services and infrastructure.
Implementation of the project would not require domestic water or wastewater
treatment, or solid waste facilities. It would not be in conflict with any statutes orregulations relating to solid waste, nor would it employ equipment that would introduceinterference into any system.
The project site would be served by a private access drive off of Fire Camp Road ,
which is sufficient for the construction and maintenance of the proposed facility.
The project would not increase the level of demand for fire protection service neededon the site because communication towers do not normally require such services.
The proposal would not result in an increase in demand for school facilities in the area.
The project would not result in any impacts to area parks and facilities.
E.The size, shape, and other physical characteristics of the subject property are adequateto ensure compatibility of the proposed use with the existing and future land uses in thevicinity of the subject property.
The proposed project is located in the central portion of the subject parcel. The subject
parcel is outside of any municipal Sphere of Influence (SOI) or specific plan or overlay
zone. Surrounding land uses include residential development and vacant land on lots
ranging in size from 1.1 to 4.63 acres.
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DULY PASSED AND ADOPTED this 24th day of August, 2023, by the following vote:
AYES:
NOES: ABSENT: ABSTAIN:
_____________________________
Tammy Flicker, Chair Planning Commission County of Butte, State of California
ATTEST:
_____________________________
Breeann Buttelo, Secretary Planning Commission County of Butte, State of California
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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.
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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
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conforms to safety standards in FCC OET 65. The reports prepared for facilities shall conform to reporting requirements set by the FCC and the County.
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.
14
■Butte County Department of Development Services ■
■ August 24, 2023 ■ Assurance Development UP23-0002 ■ Page 15 of 17 ■
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
15
■Butte County Department of Development Services ■
■ August 24, 2023 ■ Assurance Development UP23-0002 ■ Page 16 of 17 ■
ATTACHMENT C Zoning Map / Site Plan
16
BYUNAUTHORIZED ALTERATION OR ADDITION TOTHIS DOCUMENT IS A VIOLATION OFAPPLICABLE STATE AND / OR LOCAL LAWS750 PARK OF COMMERCE DR.SUITE 200 | BOCA RATON, FL | 33487561.948.6367SITE ACQUISITION1499 HUNTINGTON DR. | SUITE 305SOUTH PASADENA, CA | 91030626.216.2024ENGINEER23072 LAKE CENTER DR., SUITE 211LAKE FOREST, CA 92630714.624.9027NO. SUBMITTAL / REVISIONDRAWN:DESIGNED:CHECKED:LJAJKPROJECT NUMBER:US-CA-5441PROJECT TITLE:ENGINEER STAMP:DATEDRAWING TITLE:DRAWING SCALE:AS NOTEDDATE:01/17/2023DRAWING NUMBER:SURVEY PREPARED FOR:VB BTS II, LLCVICINITY MAPSI5&LS-1US-CA-5441SC60552BERRY CREEK108 FIRE CAMP ROAD,OROVILLE, CA 95966TITLE SHEET0 PRELIMINARY SURVEY LJ 12/28/22A TITLE REPORT UPDATE LJ 01/10/23APNRECORD OWNERTITLE REPORTBASIS OF ELEVATIONS: (NAVD 1988)FLOOD ZONELEGAL DESCRIPTIONSURVEYOR CERTIFICATIONENCROACHMENT STATEMENT GUIDELINES—(THE EXCEPTION IS A STANDARD EXCEPTION AND NOT THE TYPE TO BE DEPICTED HEREON)(THE EXCEPTION IS A STANDARD EXCEPTION AND NOT THE TYPE TO BE DEPICTED HEREON)(THE EXCEPTION IS A STANDARD EXCEPTION AND NOT THE TYPE TO BE DEPICTED HEREON)(THE EXCEPTION IS A STANDARD EXCEPTION AND NOT THE TYPE TO BE DEPICTED HEREON)(THE EXCEPTION IS A STANDARD EXCEPTION AND NOT THE TYPE TO BE DEPICTED HEREON)”(THE EXCEPTION IS LOCATED WITHIN THE PARENT PARCEL AND THE VB EASEMENTS, BUT IS NOT LOCATED WITHIN THELEASE AREA )”(THE EXCEPTION IS LOCATED WITHIN THE PARENT PARCEL, BUT IS NOT LOCATED WITHIN THE LEASE AREA OR ANY VBEASEMENT)(THE EXCEPTION IS A STANDARD EXCEPTION AND NOT THE TYPE TO BE DEPICTED HEREON)SCHEDULE B, PART II1FINAL SURVEYLJ 01/17/2317
BYUNAUTHORIZED ALTERATION OR ADDITION TOTHIS DOCUMENT IS A VIOLATION OFAPPLICABLE STATE AND / OR LOCAL LAWS750 PARK OF COMMERCE DR.SUITE 200 | BOCA RATON, FL | 33487561.948.6367SITE ACQUISITION1499 HUNTINGTON DR. | SUITE 305SOUTH PASADENA, CA | 91030626.216.2024ENGINEER23072 LAKE CENTER DR., SUITE 211LAKE FOREST, CA 92630714.624.9027NO. SUBMITTAL / REVISIONDRAWN:DESIGNED:CHECKED:LJAJKPROJECT NUMBER:US-CA-5441PROJECT TITLE:ENGINEER STAMP:DATEDRAWING TITLE:DRAWING SCALE:AS NOTEDDATE:01/17/2023DRAWING NUMBER:SURVEY PREPARED FOR:VB BTS II, LLCLS-2US-CA-5441SC60552BERRY CREEK108 FIRE CAMP ROAD,OROVILLE, CA 95966TOPOGRAPHIC SURVEY0 PRELIMINARY SURVEY LJ 12/28/22LEGENDMONUMENTSA TITLE REPORT UPDATE LJ 01/10/23LEASE AREAACCESS AND UTILITY EASEMENT1FINAL SURVEYLJ 01/17/23COORDINATES18
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 19
SANDRA LN
FIRE
CAMP
RD
PROJECT SITE
COLD
C
R
E
E
K
L
N
NO.DATE REVISIONS
0 2/02/23 JFYISSUED FOR SUBMITTAL
BY
CONTACT : JOYCE YU
EMAIL : SIMS@DRAFTLINK.COM
PHONE : 949-232-5045
WWW.DRAFTLINK.COM
US-CA-5441
BERRY CREEK
108 FIRE CAMP ROAD
OROVILLE, CA 95966
PROPOSED
EXISTING
AERIAL MAP
COPYRIGHT: GOOGLE MAPS, 2023
'VERTICAL BRIDGE' 100'H
CO-LOCATABLE MONOPINE
VIEW SHEET
A
A
1 /3
DISCLAIMER: THIS IS A RENDERING REPRESENTATION OF THE PROPOSED PROJECT ONLY PHOTO PROVIDED BY: ASSURANCE DEVELOPMENT
PANEL ANTENNAS AND
RRU'S PAINTED TO MATCH
MONOPINE BRANCHES
ATTACHMENT D: PHOTO SIMULATIONS
20
NO.DATE REVISIONS
0 2/02/23 JFYISSUED FOR SUBMITTAL
BY
CONTACT : JOYCE YU
EMAIL : SIMS@DRAFTLINK.COM
PHONE : 949-232-5045
WWW.DRAFTLINK.COM
US-CA-5441
BERRY CREEK
108 FIRE CAMP ROAD
OROVILLE, CA 95966
SANDRA LN
FIRE
CAMP
RD
PROJECT SITE
COLD
C
R
E
E
K
L
N
PROPOSED
EXISTING
AERIAL MAP
COPYRIGHT: GOOGLE MAPS, 2023
VIEW
2 /3
SHEET
B
B
DISCLAIMER: THIS IS A RENDERING REPRESENTATION OF THE PROPOSED PROJECT ONLY PHOTO PROVIDED BY: ASSURANCE DEVELOPMENT
'VERTICAL BRIDGE' 100'H
CO-LOCATABLE MONOPINE
PANEL ANTENNAS AND
RRU'S PAINTED TO MATCH
MONOPINE BRANCHES
21
SANDRA LN
FIRE
CAMP
RD
PROJECT SITE
COLD
C
R
E
E
K
L
N
NO.DATE REVISIONS
0 2/02/23 JFYISSUED FOR SUBMITTAL
BY
CONTACT : JOYCE YU
EMAIL : SIMS@DRAFTLINK.COM
PHONE : 949-232-5045
WWW.DRAFTLINK.COM
US-CA-5441
BERRY CREEK
108 FIRE CAMP ROAD
OROVILLE, CA 95966
PROPOSED
EXISTING
AERIAL MAP
COPYRIGHT: GOOGLE MAPS, 2023
VIEW
3 / 3
SHEET
C
C
DISCLAIMER: THIS IS A RENDERING REPRESENTATION OF THE PROPOSED PROJECT ONLY PHOTO PROVIDED BY: ASSURANCE DEVELOPMENT
'VERTICAL BRIDGE' 100'H
CO-LOCATABLE MONOPINE
PANEL ANTENNAS AND
RRU'S PAINTED TO MATCH
MONOPINE BRANCHES
22
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
NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION
UP23-0002 (Assurance Development)
NOTICE IS HEREBY GIVEN that Butte County has prepared an Initial Study (IS) and is considering
the adoption of a Negative Declaration (ND) for the project listed below. The County has prepared
this Notice of Intent to Adopt a ND to provide an opportunity for input from public agencies, organizations, and interested parties on the environmental analysis addressing the potential effects of the proposed project.
PROJECT TITLE: Use Permit for Assurance Development (UP23-0002).
PROJECT LOCATION: The parcel is located at 108 Fire Camp Road, Oroville, CA 95966,
approximately 10.3 miles southeast of the City of Oroville via Forbestown Road and Oroville Quincy Highway, Assessor Parcel Number: 072-410-022. PROJECT DESCRIPTION: A Use Permit to construct a Telecommunications and Public Utility Facility per BCC sec. 24-179. The proposal is for 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 Fire Camp Road. The IS/ND is on file for public review and comment starting July 25, 2023
through August 23, 2023. All comments on the IS/ND must be submitted in writing to the address or email provided below and received no later than 5:00 pm Wednesday, August 23, 2023. The IS/ND is available for review at: https://www.buttecounty.net/363/Environmental-Review-Documents. For information or to submit comments, please contact Assistant Planner Austin Forde, Butte County
Department of Development Services, Planning Division, 7 County Center Drive, Oroville, CA
95965. Phone: 530.552.3686 or email: aforde@buttecounty.net.
ATTACHMENT E
23
Monopine Telecommunications Facility Use Permit (UP23-0002) 1 Butte County July 2023
INITIAL STUDY AND ENVIRONMENTAL REVIEW CHECKLIST
California Environmental Quality Act (CEQA)
PROJECT INFORMATION
1.Project Title:Monopine Telecommunications Facility Use Permit (UP23-0002)
2.Lead Agency Name and Address:Butte County – Department of Development Services Planning Division 7 County Center Drive Oroville, CA 95965
3.Contact Person and Phone Number:Austin Forde, Assistant Planner 530.552.3701 aforde@buttecounty.net
4.Project Location:The project site is a 2,500 square foot area proposed for lease at 108 Fire Camp Road, Oroville, California. APN 072-410-022.
5.Project Sponsor’s Name and Address: Vertical Bridgec/o Assurance Development, Inc. 1499 Huntington Drive, Suite 305 South Pasadena, CA 91030
6.General Plan Designation:Foothill Residential
7.Zoning:Foothill Residential (FR) – 20
8.Description of Project: (Describe the whole action involved, including but not limited to later phases of the project,and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets ifnecessary.)
With approval of a Use Permit, the applicant, Vertical Bridge, would construct a new unmanned wirelesscommunications monopine, 100’ in height with twelve (12) 8-foot antennas attached, 6 remote radio units (RRUs),one microwave unit and one GPS antenna. The communication monopine will include a 10-foot lightening rodthat will extend 5-feet above the top of the monopine. The project includes (2) ground mounted radio cabinetsand diesel backup generator on a raised concrete pad contained within a concrete block retaining area; a fibervault and a multimeter utility service mounted on a H-frame within a 50’ X 50’ lease area contained within an 8-foot high chain link fence. All pervious area would be covered with gravel over a weed barrier. As part of theconstruction process, an abandoned septic tank and a remnant concrete slab would be removed. The site wouldbe accessed via an existing unpaved road located on the property surrounding the site. The facility will be un-staffed, and once in operation will generate approximately one vehicle trip per month for routine maintenanceand inspections. The project is proposed for construction in fall 2023. This will be part of T-Mobile’s wirelessnetwork, but no other incremental activity is associated with this application. Additional carriers could co-locatedon the monopine. Future colocation by other carriers will occur as dictated by carrier needs, and those projectswould occur under future permits from the County.
24
Monopine Telecommunications Facility Permit (UP23-0002) 2 Butte County July 2023
9.Surrounding Land Uses and Setting: (Briefly describe the project’s surroundings)
The project site is a 2.04-acre residential parcel with existing development surrounded by vacant land and ruralsingle-family development. The nearest residence is located on the site. The nearest neighboring residences arelocated approximately 280 feet northeast, 400 feet south and southwest and 350 feet to the north of theproposed monopine location.
Direction General Plan Designation Zoning Existing Land Use(s) North Foothill Residential FR-20 Vacant/Residential South Foothill Residential FR-20 Vacant/Residential East Foothill Residential FR-20 Vacant/Residential West Foothill Residential FR-20 Vacant/Residential
The project site is developed with an existing single-family residence and various outbuildings. The project would not require municipal services. Fire Camp Road would provide access to the site. It is a two-lane County Road approximately 24’ wide and unpaved. As stated, the lease area would be accessed via an existing unpaved road on the property. site.
10.Other public agencies whose approval is required: (e.g., permits, financing approval, or participation agreement)
•Federal Communication Commission operating license.
11.Have California Native American tribes traditionally and culturally affiliated with the project area requestedconsultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation thatincludes, for example, the determination of significance of impacts to tribal cultural resources, proceduresregarding confidentiality, etc.?
See Discussion 1.18
25
Monopine Telecommunications Facility Permit (UP23-0002) 3 Butte County July 2023
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages. Where checked below, the topic with a potentially significant impact will be addressed in an environmental impact report.
Aesthetics Agriculture and Forest Resources Air Quality
Biological Resources Cultural Resources Energy
Geology / Soils Greenhouse Gas Emissions Hazards / Hazardous Materials
Hydrology / Water Quality Land Use / Planning Mineral Resources
Noise Population / Housing Public Services
Recreation Transportation Tribal Cultural Resources
Utilities / Service Systems Wildfire Mandatory Findings of Significance
None None with Mitigation Incorporated
26
Monopine Telecommunications Facility Permit (UP23-0002) 4 Butte County July 2023
DETERMINATION (To be completed by the Lead Agency)
On the basis of this initial evaluation:
I find that the proposed project could not have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
I find that although the proposed project COULD have a significant effect on the environment, there
WILL NOT be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An
ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE
DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.
Prepared by Austin Forde, Assistant Planner Date
Mark Michelena July 25, 2023
Reviewed by: Mark Michelena, Principal Planner Date
July 25, 2023Austin Forde
27
Monopine Telecommunications Facility Permit (UP23-0002) 5 Butte County July 2023
EVALUATION OF ENVIRONMENTAL IMPACTS
1. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis).
2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.
3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required.
4. “Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from “Earlier Analyses,” as described in (5) below, may be cross-referenced).
5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,” describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.
6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.
7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion.
8. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project’s environmental effects in whatever format is selected.
9. The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance.
28
Monopine Telecommunications Facility Permit (UP23-0002) 6 Butte County July 2023
1.1 AESTHETICS
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with
Mitigation Incorporated
Less Than Significant Impact
No
Impact
I. Aesthetics.
Except as provided in Public Resources Code section 21099 (where aesthetic impacts shall not be considered significant for qualifying residential, mixed-use residential, and employment centers), would the project:
a) Have a substantial adverse effect on a scenic vista?
b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage points.) If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
Discussion
a) Have a substantial adverse effect on a scenic vista?
Less than Significant. The area comprising the project site contains an existing single-family residence, outbuildings and related improvements on a 2.04-acre parcel. The site is surrounded by single-family residential development and vacant land. Views from surrounding properties are of native and non-native evergreen trees, residences and outbuildings. There are no unique visual features or scenic vistas in the project area. The proposed monopine would likely be visible from Fire Camp Road and surrounding properties. However, the design is intended to blend into the existing environment; thus, would not substantively change existing views. The proposed equipment cabinets and security fence would not be visible from Fire Camp Road or surrounding parcels; and thus, would have no impact on existing views. The project site and surrounding area includes vegetation, including trees that will assist in screening part of the communication facility. The project will not substantially interfere with any scenic views, or otherwise, have a substantive negative aesthetic impact.
b) Substantially damage scenic resources, including, but not limited to, trees, rock
outcroppings, and historic buildings within a state scenic highway?
No impact. The proposed project does not include new construction that would disturb features such as trees, rock outcroppings and historic buildings within a state scenic highway. Further, the project site is not adjacent to a state scenic highway and there are no scenic resources on the project site.
29
Monopine Telecommunications Facility Permit (UP23-0002) 7 Butte County July 2023
c) In non-urbanized areas, substantially degrade the existing visual character or quality
of public views of the site and its surroundings? (Public views are those that are
experienced from publicly accessible vantage points.) If the project is in an urbanized
area, would the project conflict with applicable zoning and other regulations
governing scenic quality?
Less than significant impact. The nearest publicly accessible area to the project site is Fire Camp Road which is located adjacent to and east of the 2.04-acre parcel containing the proposed lease area. The monopine would likely be visible from Fire Camp Road; however, the area is heavily vegetated and it would not substantively change existing views. The proposed equipment cabinet and security fence would not be visible from La Porte Road. The monopine would change existing views into the site; however, it would not substantively change the character of the existing 2.04-acre parcel or surrounding uses.
d) Create a new source of substantial light or glare which would adversely affect day or
nighttime views in the area?
Less than significant impact. The tower and antennas will be a non-reflective, matte finish, light green in color. The equipment area will be screened by a chain link fence. The project would not require security lighting or otherwise add lighting; and thus, would not adversely affect day or nighttime views in the area. Impacts would be less than significant.
30
Monopine Telecommunications Facility Permit (UP23-0002) 8 Butte County July 2023
1.2 AGRICULTURE AND FOREST RESOURCES
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with
Mitigation Incorporated
Less Than Significant Impact
No
Impact
II. Agriculture and Forest Resources.
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997, as updated) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.
In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board.
Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural use or a Williamson Act contract?
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))?
d) Result in the loss of forest land or conversion of forest land to non-forest use?
e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use?
Regulatory Setting
Williamson Act/Land Conservation Act (LCA) Contracts
The California Land Conservation Act of 1965, commonly known as the Williamson Act, was established based on numerous State legislative findings regarding the importance of agricultural lands in an urbanizing society. Policies emanating from those findings include those that discourage premature and unnecessary conversion of agricultural land to urban uses and discourage discontinuous urban development patterns, which unnecessarily increase the costs of community services to community residents. The Williamson Act authorizes each County to establish an agricultural preserve. Land that is within the agricultural preserve is eligible to be placed under a contract between the property owner and County that would restrict the use of the land to agriculture in exchange for a tax assessment that is based on the yearly production yield. The contracts have a 9-year term that is automatically renewed each year unless the property owner or county requests a non-renewal or the contract is canceled.
31
Monopine Telecommunications Facility Permit (UP23-0002) 9 Butte County July 2023
Farmland Mapping and Monitoring Program
The California Farmland Mapping and Monitoring Program (FMMP) develops statistical data for analyzing impacts on California’s agricultural resources. The FMMP program characterizes “Prime Farmland” as land with the best combination of physical and chemical characteristics that are able to sustain long-term production of agricultural crops. “Farmland of Statewide Importance” is characterized as land with a good combination of physical and chemical characteristics for agricultural production, but with less ability to store soil moisture than prime farmland. “Unique Farmland” is used for the production of the state’s major crops on soils not qualifying as prime farmland or of statewide importance. The FMMP also identifies “Grazing Land”, “Urban and Built-up Land”, “Other Land”, and “Water” that is not included in any other mapping category.
California Public Resources Code Section 4526
"Timberland" means land, other than land owned by the federal government and land designated by the board as experimental forest land, which is available for, and capable of, growing a crop of trees of a commercial species used to produce lumber and other forest products, including Christmas trees. Commercial species shall be determined by the board on a district basis.
California Public Resources Code Section 12220(g)
"Forest land" is land that can support 10-percent native tree cover of any species, including hardwoods, under natural conditions, and that allows for management of one or more forest resources, including timber, aesthetics, fish and wildlife, biodiversity, water quality, recreation, and other public benefits.
Discussion
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance
(Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources Agency, to non-agricultural use?
No impact. The California Farmland Mapping and Monitoring Program designates the site as “Other Land”. Project improvements would not impact prime, unique or farmland of statewide importance.
b) Conflict with existing zoning for agricultural use or a Williamson Act contract?
No impact. The project site is zoned Foothill Residential and is not under an existing Williamson Act Contract. All actions associated with the project would be confined to the project site. The project will not conflict with existing zoning or agricultural use of a parcel under a Williamson Act contract.
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in
Public Resources Code section 12220(g)), timberland (as defined by Public Resources
Code section 4526), or timberland zoned Timberland Production (as defined by
Government Code section 51104(g))?
No impact. The project site is zoned Foothill Residential and surrounding area is not classified as forestland, as defined in Public Resources Code Section 12220(g), or as timberland, as defined in Public Resources Code Section 4526. The project site is not zoned or designated for forest or timber resource uses.
d) Result in the loss of forest land or conversion of forest land to non-forest use?
No impact. The project site is a developed Foothill Residential property. There are no trees or timber resources classified as forestland, as defined in Public Resources Code Section 12220(g), or as timberland, as defined in Public Resources Code Section 4526. Therefore, the proposed project would not result in the loss or conversion of forest land to a non-forest use.
32
Monopine Telecommunications Facility Permit (UP23-0002) 10 Butte County July 2023
e) Involve other changes in the existing environment, which, due to their location or
nature, could result in conversion of Farmland to non-agricultural use or conversion of
forest land to non-forest use?
No impact. The project site is designated as “Other Land” under the California Farmland Mapping and Monitoring Program. All proposed development and subsequent use of the site would occur within the areas of the property that are designated as “Other Land”. Therefore, the project would not result in the conversion of Farmland to a non-agricultural use.
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Monopine Telecommunications Facility Permit (UP23-0002) 11 Butte County July 2023
1.3 AIR QUALITY
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with
Mitigation Incorporated
Less Than Significant Impact
No
Impact
III. Air Quality.
Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied on to make the following determinations.
Are significance criteria established by the applicable air district available to rely on for significance determinations? Yes No
Would the project:
a) Conflict with or obstruct implementation of the applicable air quality plan?
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard?
c) Expose sensitive receptors to substantial pollutant concentrations?
d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Environmental Setting
Butte County is located within the Sacramento Valley Air Basin (SVAB), comprising the northern half of California’s 400-mile long Great Central Valley. The SVAB encompasses approximately 14,994 square miles with a largely flat valley floor (excepting the Sutter Buttes) about 200 miles long and up to 150 miles wide, bordered on its east, north and west by the Sierra Nevada, Cascade and Coast mountain ranges, respectively.
The SVAB, containing 11 counties and some two million people, is divided into two air quality planning areas based on the amount of pollutant transport from one area to the other and the level of emissions within each. Butte County is within the Northern Sacramento Valley Air Basin (NSVAB), which is composed of Butte, Colusa, Glenn, Shasta, Sutter, Tehama, and Yuba Counties.
Emissions from the urbanized portion of the basin (Sacramento, Yolo, Solano, and Placer Counties) dominate the emission inventory for the Sacramento Valley Air Basin, and on-road motor vehicles are the primary source of emissions in the Sacramento metropolitan area. While pollutant concentrations have generally declined over the years, additional emission reductions will be needed to attain the State and national ambient air quality standards in the SVAB.
Seasonal weather patterns have a significant effect on regional and local air quality. The Sacramento Valley and Butte County have a Mediterranean climate, characterized by hot, dry summers and cool, wet winters. Winter weather is governed by cyclonic storms from the North Pacific, while summer weather is typically subject to a high-pressure cell that deflects storms from the region.
In Butte County, winters are generally mild with daytime average temperatures in the low 50s°F and nighttime temperatures in the upper 30s°F. Temperatures range from an average January low of approximately 36°F to an average July high of approximately 96°F, although periodic lower and higher temperatures are common. Rainfall between
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Monopine Telecommunications Facility Permit (UP23-0002) 12 Butte County July 2023
October and May averages about 26 inches but varies considerably year to year. Heavy snowfall often occurs in the northeastern mountainous portion of the County. Periodic rainstorms contrast with occasional stagnant weather and thick ground or “tule” fog in the moister, flatter parts of the valley. Winter winds generally come from the south, although north winds also occur.
Diminished air quality within Butte County largely results from local air pollution sources, transport of pollutants into the area from the south, the NSVAB topography, prevailing wind patterns, and certain inversion conditions that differ with the season. During the summer, sinking air forms a “lid” over the region, confining pollution within a shallow layer near the ground that leads to photochemical smog and visibility problems. During winter nights, air near the ground cools while the air above remains relatively warm, resulting in little air movement and localized pollution “hot spots” near emission sources. Carbon monoxide, nitrogen oxides, particulate matters and lead particulate concentrations tend to elevate during winter inversion conditions when little air movement may persist for weeks.
As a result, high levels of particulate matter (primarily fine particulates or PM2.5) and ground-level ozone are the pollutants of most concern to the NSVAB Districts. Ground-level ozone, the principal component of smog, forms when reactive organic gases (ROG) and nitrogen oxides (NOx) – together known as ozone precursor pollutants – react in strong sunlight. Ozone levels tend to be highest in Butte County during late spring through early fall, when sunlight is strong and constant, and emissions of the precursor pollutants are highest (Butte County CEQA Air Quality Handbook 2014).
Air Quality Attainment Status
Local monitoring data from the BCAQMD is used to designate areas a nonattainment, maintenance, attainment, or unclassified for the National Ambient Air Quality Standards (NAAQS) and California Ambient Air Quality Standards (CAAQS). The four designations are further defined as follows:
Nonattainment – assigned to areas where monitored pollutant concentrations consistently violate the standard in question.
Maintenance – assigned to areas where monitored pollutant concentrations exceeded the standard in question in the past but are no longer in violation of that standard.
Attainment – assigned to areas where pollutant concentrations meet the standard in question over a designated period of time.
Unclassified – assigned to areas were data are insufficient to determine whether a pollutant is violating the standard in question.
Table 1.3-1. Federal and State Attainment Status of Butte County
POLLUTANT STATE DESIGNATION FEDERAL DESIGNATION
1-hour ozone Nonattainment -
8-hour ozone Nonattainment Nonattainment
Carbon monoxide Attainment Attainment
Nitrogen Dioxide Attainment Attainment
Sulfur Dioxide Attainment Attainment
24-Hour PM10 Nonattainment Attainment
24-Hour PM2.5 No Standard Attainment
Annual PM10 Attainment No Standard
Annual PM2.5 Nonattainment Attainment
Source: Butte County AQMD, 2018
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Monopine Telecommunications Facility Permit (UP23-0002) 13 Butte County July 2023
Sensitive Receptors
Sensitive receptors are frequently occupied locations where people who might be especially sensitive to air pollution are expected to live, work, or recreate. These types of receptors include residences, schools, churches, health care facilities, convalescent homes, and daycare centers. The project is located on a residential site surrounded by a single-family residential and vacant land. Table 1.3-2 lists sensitive receptors that were identified in the project vicinity and the distances from the project site.
Table 1.3-2. Sensitive Receptors in the Project Vicinity
SENSITIVE RECEPTORS DISTANCE FROM PROJECT SITE TO RECEPTOR
Residence (160 Fire Camp Road) 570 feet southeast
Residence (99 Fire Camp Road) 280 feet northeast
Residence (480 Black Bart Road) 460 feet north/northeast
Source: Butte County Geographical Information System/Google Earth imagery
Butte County Air Quality Management District
The Butte County Air Quality Management District (BCAQMD) is the local agency with primary responsibility for compliance with both the federal and state standards and for ensuring that air quality conditions are maintained. They do this through a comprehensive program of planning, regulation, enforcement, technical innovation, and promotion of the understanding of air quality issues.
Activities of the BCAQMD include the preparation of plans for the attainment of ambient air quality standards, adoption and enforcement of rules and regulations concerning sources of air pollution, issuance of permits for stationary sources of air pollution, inspection of stationary sources of air pollution and response to citizen complaints, monitoring of ambient air quality and meteorological conditions, and implementation of programs and regulations required by the FCAA and CCAA.
According to the State CEQA Guidelines, the significance criteria established by the applicable air quality management or air pollution control district may be relied on to make significance determinations for potential impacts on environmental resources. BCAQMD is responsible for ensuring that state and federal ambient air quality standards are not violated within Butte County. Analysis requirements for construction and operation-related pollutant emissions are contained in BCAQMD’s CEQA Air Quality Handbook: Guidelines for Assessing Air Quality and Greenhouse Gas Impacts for Projects Subject to CEQA Review. Established with these guidelines are screening criteria to determine whether or not additional modeling for criteria air pollutants is necessary for a project. The CEQA Air Quality Handbook also contains thresholds of significance for construction-related and operation-related emissions: ROG, NOx and PM10. The screening criteria listed in Table 1.3-4 were created using CalEEMod version 2013.2.2 for the given land use types. To determine if a proposed project meets the screening criteria, the size and metric for the land use type (units or square footage) should be compared with that of the proposed project. If a project is less than the applicable screening criteria, then further quantification of criteria air pollutants is not necessary, and it may be assumed that the project would have a less than significant impact on criteria air pollutants. If a project exceeds the size provided by the screening criteria for a given land use type then additional modeling and quantification of criteria air pollutants should be performed (Butte County Air Quality Management District 2014).
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Monopine Telecommunications Facility Permit (UP23-0002) 14 Butte County July 2023
Table 1.3-4. Screening Criteria for Criteria Air Pollutants
LAND USE TYPE MAXIMUM SCREENING LEVELS FOR PROJECTS
Single-Family Residential 30 Units Multi-Family (Low Rise) Residential 75 Units
Commercial 15,000 square feet
Educational 24,000 square feet
Industrial 59,000 square feet
Recreational 5,500 square feet Retail 11,000 square feet
Source: Butte County AQMD, CEQA Air Quality Handbook, 2014
Discussion
a) Conflict with or obstruct implementation of the applicable air quality plan?
No impact. A project is deemed inconsistent with an air quality plan if it would result in population or employment growth that exceeds the growth estimates in the applicable air quality plan (i.e., generating emissions not accounted for in the applicable air quality plan emissions budget). Therefore, proposed projects need to be evaluated to determine whether they would generate population and employment growth and, if so, whether that growth would exceed the growth rate included in the applicable air quality plan.
The proposed project would not result in population growth in the County. No additional employees would be required to operate the facility. As stated, one monthly inspection/maintenance trip would be required Further, the project would not result in a substantial increase in criteria air pollutants that would cause significant impacts to regional air quality.
b) Result in a cumulatively considerable net increase of any criteria pollutant for which
the project region is non-attainment under an applicable federal or state ambient air
quality standard?
No impact. The proposed communication facility would be on a 2,500-square foot leased site. The project size would not exceed the residential land-use type screening criteria listed above in Table 1.3-3. Thus, the project would not exceed the significance thresholds established in the BCAQMD, CEQA Air Quality Handbook.
c) Expose sensitive receptors to substantial pollutant concentrations?
No impact. Sensitive receptors in the project area and their distances from the project site area contained Table 1.3-2. Based on the information provided in section b.), above, the proposed project would not result in the violation of any air quality standards or contribute substantially to an existing or projected air quality violation.
d) Result in other emissions (such as those leading to odors) adversely affecting a
substantial number of people?
Less than significant impact. The project will not create a new source of objectionable odors nor would odors be detectable at off-site properties. The monopine and related equipment would not generate odors that would impact a substantial number of people for an extended time.
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Monopine Telecommunications Facility Permit (UP23-0002) 15 Butte County July 2023
1.4 BIOLOGICAL RESOURCES
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with
Mitigation Incorporated
Less Than Significant Impact
No
Impact
IV. Biological Resources.
Would the project:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?
Environmental Setting
The site is zoned Foothill Residential. The project would be constructed on a 2,500 square foot lease area and an access 20-foot easement on the 2.04-acre parcel. The project site is developed with a residential dwelling with vacant land and rural single-family development adjacent to the project site.
Special-Status Species
Many species of plants and animals within the State of California have low populations, limited distributions, or both. Such species may be considered “rare” and are vulnerable to extirpation as the state’s human population grows and the habitats these species occupy are converted to agricultural and urban uses. A sizable number of native species and animals have been formally designated as threatened or endangered under State and Federal endangered species legislation. Others
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Monopine Telecommunications Facility Permit (UP23-0002) 16 Butte County July 2023
have been designated as “Candidates” for such listing and the California Department of Fish and Wildlife (CDFW) have designated others as “Species of Special Concern”. The California Native Plant Society (CNPS) has developed its own lists of native plants considered rare, threatened or endangered. Collectively, these plants and animals are referred to as “special status species.”
Various direct and indirect impacts to biological resources may result from the small amount of development enabled by the project, including the loss and/or alteration of existing undeveloped open space that may serve as habitat. Increased vehicle trips to and from the project site can result in wildlife mortality and disruption of movement patterns within and through the project vicinity. Disturbances such as predation by pets (e.g., cats and dogs) and human residents may also occur at the human/open space interface, while conversion of land from lower to higher density residential use can lead to a predominance of various urban-adapted wildlife species (e.g., coyotes, raccoons, ravens and blackbirds) that have been observed to displace more sensitive species.
California Environmental Quality Act Guidelines Section 15065 requires a mandatory finding of significance for projects that have the potential to substantially degrade or reduce the habitat of a threatened or endangered species, and to fully disclose and mitigate impacts to special status resources. For the purposes of this Initial Study, the California Environmental Quality Act (Sections 21083 and 21087, Public Resources Code) defines mitigation as measure(s) that:
• Avoids the impact altogether by not taking a certain action or parts of an action.
• Minimizes impacts by limiting the degree or magnitude of the action and its implementation.
• Rectifies the impact by repairing, rehabilitating, or restoring the impacted environment.
• Reduces or eliminates the impact over time by preservation and maintenance operations during the life of the project.
• Compensates for the impact by replacing or providing substitute resources or environments.
The California Natural Diversity Database (CNDDB) was reviewed to determine if any special-status species have the potential to occur on the project site or its vicinity. Table 1.4-1 lists each special-status species identified within a two-mile radius of the project site, along with regulatory status and habitat requirements for each special-status species. A total of two special-status species are known to inhabit areas within the vicinity of the project site.
Table 1.4-1. Special-Status Species in the vicinity of the project site
Scientific Name Common Name
Federal
Status State Status
CNPS/DFG
List Habitat
AMPHIBIANS
Rana boylii pop. 2
Foothill Yellow-Legged
Frog
Proposed
Threatened Threatened
Foothills of the Sierra
Nevada and southern
Cascade Range in
California
Source: California Natural Diversity Database.
Discussion
a) Have a substantial adverse effect, either directly or through habitat modifications, on
any species identified as a candidate, sensitive, or special-status species in local or
regional plans, policies, or regulations, or by the California Department of Fish and
Wildlife or the U.S. Fish and Wildlife Service?
No impact. The site is occupied by a single-family residential parcel with outbuildings and related improvements. Vegetation on-site is comprised of ruderal weed species, native and ornamental trees. The
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Monopine Telecommunications Facility Permit (UP23-0002) 17 Butte County July 2023
project would develop a new monopine telecommunication facility on a disturbed portion of the site. No impact to habitat would occur as a result of the project action.
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural
community identified in local or regional plans, policies, or regulations or by the
California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service?
No impact. As stated, the site is occupied by existing development. Vegetation on-site is comprised of ruderal weed species and native and ornamental trees. There are no areas of native vegetation including riparian woodland vegetation or oak trees. Thus, no riparian habitat or other sensitive natural communities on the project site that would be affected by construction of the project.
c) Have a substantial adverse effect on state or federally protected wetlands (including,
but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling,
hydrological interruption, or other means?
No impact. No natural drainage features occur on or proximal to the area proposed for construction of the monopine. The project action would have no effect on any state or federally protected wetlands, marsh areas or vernal pool resources.
d) Interfere substantially with the movement of any native resident or migratory fish or
wildlife species or with established native resident or migratory wildlife corridors, or
impede the use of native wildlife nursery sites?
No impact. The project site is developed and not located within the Butte County migratory deer corridors. Per the Butte County General Plan Update 2040, Figure COS-3, no migratory routes or corridors have been designated through the project site. Further, the existing developed components of the project area preclude use of the area as a migratory wildlife corridor for large mammals. The proposed monopine would not interfere with existing migratory wildlife populations that may use land adjacent to the site.
e) Conflict with any local policies or ordinances protecting biological resources, such as a
tree preservation policy or ordinance?
No impact. No native oak trees are known to occur on the portion of the site affected by the project. Further, no trees are proposed to be removed as part of the project. Thus, no trees would be affected by the proposed monopine.
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural
Community Conservation Plan, or other approved local, regional, or state habitat
conservation plan?
No impact. The Butte Regional Conservation Plan (BRCP) is a joint Habitat Conservation Plan (HCP)/National Community Conservation Plan (NCCP) that is currently being prepared for the western half of Butte County. In the event the BRCP is adopted, individual projects and development that occur in the BRCP planning area would need to be coordinated with the Butte County Association of Governments to ensure that the project does not conflict with the BRCP. No resources affected by the plan occur on-site. Further, because the plan has not been adopted, the proposed project will not conflict, nor interfere with, the attainment of the goals of the proposed plan.
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Monopine Telecommunications Facility Permit (UP23-0002) 18 Butte County July 2023
1.5 CULTURAL RESOURCES
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with
Mitigation Incorporated
Less Than Significant Impact
No
Impact
V. Cultural Resources.
Would the project:
a) Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5?
b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5?
c) Disturb any human remains, including those interred outside of dedicated cemeteries?
Discussion
a) Cause a substantial adverse change in the significance of a historical resource pursuant
to Section 15064.5?
No impact. The project site is developed with a single-family residence, out buildings and related improvements. New construction would be required to install the monopine and associated equipment. Ground disturbing activities would be confined to the 2,500 square foot lease area and unpaved road corridor. No new construction or ground-disturbing activities are proposed that would result in impacts to historic resources. No features exist on the property, including objects, sites, or landscapes, that could be considered as having historic value to California Native American tribes, or eligible for listing in the California Register of Historic Resources.
b) Cause a substantial adverse change in the significance of an archaeological resource
pursuant to Section 15064.5?
No impact. No new construction or ground-disturbing activities are proposed that would result in impacts to known historic or cultural resources. No features exist on the property, including objects, sites, or landscapes, that could be considered as having cultural value to California Native American tribes, or eligible for listing in the California Register of Historic Resources.
c) Disturb any human remains, including those interred outside of formal cemeteries?
No impact. No new construction or ground-disturbing activities are proposed that would result in impacts to unknown human remains. The monopine, equipment cabinets and fencing would have no effect on previously undiscovered human remains.
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Monopine Telecommunications Facility Permit (UP23-0002) 19 Butte County July 2023
1.6 ENERGY
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with
Mitigation Incorporated
Less Than Significant Impact
No
Impact
VI. Energy.
Would the project:
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?
b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
Discussion
a) Result in potentially significant environmental impact due to wasteful, inefficient, or
unnecessary consumption of energy resources, during project construction or
operation?
No impact. Project development consumes energy primarily in two ways: (1) construction activities consume energy through the operation of heavy off-road equipment, trucks, and worker traffic, and (2) operation of new facilities would consume energy from electricity and propane gas consumption, energy used for water conveyance, and vehicle operations to and from the project site.
In this case, the project would construct a new monopine, equipment pad and cabinets, diesel generator and fence. Energy consumption would be limited to what is required to assemble and erect the monopine, install electrical service and equipment cabinets and security fence. Operation of the facility would require electricity like other similar telecommunication facilities. Diesel fuel would only be used to power the generator periodically for testing and if an electrical outage occurs. This would not be considered wasteful, inefficient or unnecessary. Thus, no impact to energy consumption would occur.
b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency
No impact. Many of the state and federal regulations regarding energy efficiency are focused on increasing building efficiency and renewable energy generation, as well as reducing water consumption and Vehicles Miles Traveled. The proposed project would increase electrical demand; however, the site is not used for or proposed for use as a site for renewable energy generation nor would energy be used inefficiently. No impact would occur under this threshold.
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Monopine Telecommunications Facility Permit (UP23-0002) 20 Butte County July 2023
1.7 GEOLOGY AND SOILS
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with
Mitigation Incorporated
Less Than Significant Impact
No
Impact
VII. Geology and Soils.
Would the project:
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to California Geological Survey Special Publication 42.)
ii) Strong seismic ground shaking?
iii) Seismic-related ground failure, including liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss of topsoil?
c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse?
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994, as updated), creating substantial direct or indirect risks to life or property?
e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water?
f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
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Monopine Telecommunications Facility Permit (UP23-0002) 21 Butte County July 2023
Discussion
a) Directly or indirectly cause potential substantial adverse effects, including the risk of
loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-
Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or
based on other substantial evidence of a known fault? (Refer to California
Geological Survey Special Publication 42.)
Less than significant impact. No known active faults are underlying, or adjacent to, the project site. The Cleveland Hill fault is the only active fault zone in Butte County identified in the most recent Alquist-Priolo Earthquake Fault Zoning Map. The Cleveland Hill fault is located east of Dunstone Drive and Miners Ranch Road, between North Honcut Creek and Mt. Ida Road, approximately 4± miles southeast of the City of Oroville and 4.8 miles west of the site. While a fault is located in the general project area, it does not traverse the project site. The likelihood of a surface rupture at the project site is very low and would not be a design or operational consideration for the project.
ii) Strong seismic ground shaking?
Less than significant impact. Ground shaking at the project site could occur due to the earthquake potential of the region’s active faults. Based on proximity of the Cleveland fault, seismic ground shaking would likely be perceptible at the site.
iii) Seismic-related ground failure, including liquefaction?
Less than significant impact. According to Butte County General Plan 2040, areas that are at risk for liquefaction can be found on the valley floor, especially near the Sacramento and Feather Rivers, and their tributaries, which have a higher potential to contain sandy and silty soils. The project area is not susceptible to subsidence and according to Butte County General Plan 2040 (Figure HS-10),t a generally low potential for liquefaction.
iv) Landslides?
No impact. . According to Butte County General Plan 2040 (Figure HS-7), the project site and surrounding area as a low to moderate for landslides. The project site is rolling; however, no steep slopes are located on the site. As a result, there is no potential for landslide on the project site. No impact would occur under this threshold.
b) Result in substantial soil erosion or the loss of topsoil?
No impact. According to Figure HS-8 of Butte County General Plan 2040, the project site has a moderate potential for soil erosion. Surface soil erosion and loss of topsoil have the potential to occur in any area of the county from disturbances associated with construction-related activities. The proposed action would require minimal ground disturbance to install the equipment. Thus, the project would have a less than significant impact with respect to soil erosion or loss of topsoil.
c) Be located on a geologic unit or soil that is unstable, or that would become unstable as
a result of the project, and potentially result in on- or off-site landslide, lateral
spreading, subsidence, liquefaction, or collapse?
No impact. According to Butte County General Plan 2040 (Figure HS-7), the project site is located in an area with a low to moderate potential for landslides. To date, there have been no documented incidents of subsidence in Butte County. Further, the project would not require new development or related soil
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Monopine Telecommunications Facility Permit (UP23-0002) 22 Butte County July 2023
disturbances on the site. Future operation of the facility would not be exposed to greater potential for liquefaction, lateral spreading and subsidence with implementation of the proposed action.
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code
(1994, as updated), creating substantial direct or indirect risks to life or property?
Less than significant impact. According to Figure HS-9 in the Butte County General Plan 2040, the project site is located in an area with low potential for expansive soils. Expansive soils are those that have potential to undergo significant changes in volume, either shrinking or swelling, with changes in moisture content. Periodic shrinking and swelling of expansive soils can cause extensive damage to buildings, other structures and roads. Soils of high expansion potential generally occur in the level areas of the Sacramento Valley, including the City of Oroville and other population centers. The project would require isolated soil disturbances on the site for installation of the monopine foundation, development pad, electrical service, equipment cabinets and fencing. Operation of the monopine and related improvements are not anticipated to create substantial direct or indirect risks to life or property.
e) Have soils incapable of adequately supporting the use of septic tanks or alternative
waste water disposal systems where sewers are not available for the disposal of waste
water?
No impact. The project would not generate wastewater; thus, no septic system would be required. No impact would occur.
f) Directly or indirectly destroy a unique paleontological resource or site or unique
geologic feature?
No impact. No paleontological resources are known to occur on the project site. Excavation would be limited to what is required within the 2,500 square foot lease area to install the required equipment. No impact to paleontological resources would occur.
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Monopine Telecommunications Facility Permit (UP23-0002) 23 Butte County July 2023
1.8 GREENHOUSE GAS EMISSIONS
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with
Mitigation Incorporated
Less Than Significant Impact
No
Impact
VIII. Greenhouse Gas Emissions.
Would the project:
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
Environmental Setting
Discussion
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a
significant impact on the environment?
Less than significant impact. The project would generate greenhouse gas (GHG) emissions during the construction and operation of the telecommunication facility. Construction-related emissions during development may be generated from construction equipment exhaust and construction employee vehicle trips to and from the worksite. Project’s construction emissions would occur over a short duration and consist primarily of equipment exhaust emissions. The long-term regional emissions associated with the project would mainly arise from the creation of one new monthly inspection and maintenance trip and indirect sources emissions from electricity consumption.
The Butte County Climate Action Plan (CAP) was adopted in February 2014 and updated in December 2021. The Butte County CAP includes strategies and associated actions related to public education and outreach efforts regarding reducing GHG emissions, administrative actions to monitor progress, and encouraging participation in programs. The strategies either apply to existing buildings that have already completed the environmental analysis, address operational characteristics of the county, or encourage options for actions that would reduce GHG emissions.
The project is allowed in the Foothill Residential (20) zone with approval of a UP; thus, construction activities and operations are consistent with the Butte County General Plan. GHG emissions associated with the build-out of the project site have been analyzed and mitigated with the adoption of the Butte County CAP and the continued implementation of its strategies. Electricity consumed during construction and operations is provided primarily by the area service provider regulated by state renewable energy plans. Vehicles used during construction, and generated by the project’s operations, would conform to state regulations and plans regarding fuel efficiency. Therefore, the project would not generate substantial GHG emissions, either directly or indirectly, significantly impacting the environment. Impacts are less than significant.
b) Conflict with an applicable plan, policy or regulation adopted for the purpose of
reducing the emissions of greenhouse gases?
Less than significant impact. The project’s consistency with the Butte County General Plan would ensure compliance with the GHG emission reduction strategies in the Butte County CAP, which in turn, support
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Monopine Telecommunications Facility Permit (UP23-0002) 24 Butte County July 2023
County-wide efforts to meet statewide GHG emission reduction goals. Therefore, impacts would be less than significant.
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Monopine Telecommunications Facility Permit (UP23-0002) 25 Butte County July 2023
1.9 HAZARDS AND HAZARDOUS MATERIALS
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with
Mitigation Incorporated
Less Than Significant Impact
No
Impact
IX. Hazards and Hazardous Materials.
Would the project:
a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and/or accident conditions involving the release of hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?
d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?
f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires?
Discussion
a) Create a significant hazard to the public or the environment through the routine
transport, use, or disposal of hazardous materials?
No impact. The project would be a monopine telecommunications facility with related improvements. The project would require installation of a 150-gallon diesel storage tank for the backup emergency generator. The tank would be installed consistent with Butte County Department of Environmental Health standards and require preparation and approval of a Hazardous Materials Release and Response Plan (HMRRP) to address actions that would be taken to avoid environmental effects should a fuel spill occur. The fuel would not be routinely transported or used. It would only be used in emergency situations when disruptions to electrical
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service occur and during periodic testing of the generator. No impact to the public would occur with storage of diesel fuel on-site in the quantities proposed and with implementation of a HMRRP if required.
b) Create a significant hazard to the public or the environment through reasonably
foreseeable upset and/or accident conditions involving the release of hazardous
materials into the environment?
Less than significant impact. The project would not emit hazardous emissions or handle hazardous materials. Publicly available hazardous materials (e.g., paint, maintenance supplies) may be required for maintenance and cleaning. These materials are not used in sufficient strength or quantity to create a substantial risk of fire or explosion, or otherwise pose a substantial risk to human or environmental health.
A RF (Radio Frequency) Emissions study was prepare as part of the project application submittal. The RF Study determined for a person anywhere at ground, the maximum RF exposure level due to the proposed as part of the operation, including the contribution of the microwave antenna, is calculated to be 0.088 mW/cm2, which is 10% of the applicable public exposure limit. The maximum calculated level at the second-floor elevation of any nearby building§ is 17% of the public exposure limit. It should be noted that these results include several “worst-case” assumptions and therefore are expected to overstate actual power density levels from the proposed operation. Due to their mounting location and height, the T-Mobile antennas would not be accessible to unauthorized persons, and so no measures are necessary to comply with the FCC public exposure guidelines. Based on the information RF Study, the operation of the base station will comply with the prevailing standards for limiting public exposure to radio frequency energy and, therefore, will not for this reason cause a significant impact on the environment.
Operation of the telecommunications facility would not create a permanent significant hazard to the public or environment through the routine transport, use, or disposal of hazardous materials.
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials,
substances, or waste within one-quarter mile of an existing or proposed school?
No impact. No existing or proposed schools have been identified within one-quarter mile of the project site.
d) Be located on a site which is included on a list of hazardous materials sites compiled
pursuant to Government Code §65962.5 and, as a result, would it create a significant
hazard to the public or the environment?
No impact. A review of regulatory agency databases, which included lists of hazardous materials sites compiled pursuant to California Government Code Section 65962.5, did not identify a contamination site within one-quarter mile of the project site.
e) For a project located within an airport land use plan or, where such a plan has not been
adopted, within two miles of a public airport or public use airport, would the project
result in a safety hazard or excessive noise for people residing or working in the project
area?
No impact. No public use airports have been identified to be located within two miles of the project site. The closest public use airport is Oroville Municipal Airport, located approximately 13 miles west of the project site. The proposed project is located outside the compatibility zones for the area airports, and therefore, would not result in impacts to people residing on, or visiting, the project site.
f) Impair implementation of or physically interfere with an adopted emergency response
plan or emergency evacuation plan?
No impact. The proposed project would not require a new access from a public road. Thus, emergency access would not be affected. The project would not include any actions that physically interfere with emergency
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response or emergency evacuation plans. One new monthly inspection/maintenance trip would be required; however, that would result in a negligible change to overall volumes on Fire Camp Road. No impact would occur under this threshold.
g) Expose people or structures, either directly or indirectly, to a significant risk of loss,
injury, or death involving wildland fires?
Less than significant impact. The project is located in a moderate fire hazard area as designated by the State Department of Forestry and Fire Protection. The project site is within a State Responsibility Area (SRA), which means that the California Department of Forestry and Fire Protection (CalFire) has fiscal responsibility for preventing and suppressing fires. The nearest staffed fire station is Butte County Fire Station #64, located at 22 Walnut Avenue in Oroville west of the site. The CalFire Robinson Mill Station is located at 10 Robinson Mill Road approximately 2.4 miles northeast of the site. The proposed action would not expose people or structures to a significant risk or loss, injury or death involving wildland fires. A less than significant impact would occur under this threshold.
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1.10 HYDROLOGY AND WATER QUALITY
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with
Mitigation Incorporated
Less Than Significant Impact
No
Impact
X. Hydrology and Water Quality.
Would the project:
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality?
b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i) Result in substantial on- or offsite erosion or siltation;
ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite;
iii) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or
iv) Impede or redirect flood flows?
d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
Discussion
a) Violate any water quality standards or waste discharge requirements or otherwise
substantially degrade surface or groundwater quality?
No impact. The proposed action would not generate wastewater or otherwise change the quality or volume of water exiting the site. Thus, no impact to water quality standards and related discharge requirements would occur with the project.
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b) Substantially decrease groundwater supplies or interfere substantially with
groundwater recharge such that the project may impede sustainable groundwater
management of the basin?
No impact. The Sacramento Valley Groundwater Basin supplies a portion of the municipal and agricultural water demands for the City of Oroville and surrounding unincorporated areas. The project site is located over the Sacramento Valley Groundwater Basin which underlies the majority of eastern Butte County. According to the Butte County Groundwater Management Plan (2005), groundwater supplies approximately 31% of potable water demand county-wide. Water demand for the unincorporated areas of the county was projected to grow from 8,322.3 million gallons in 2000 to 9,736.4 million gallons in 2030, an increase of 17 percent. As noted, a private well currently supplies domestic water. No additional water demand would be associated with implementation of the proposed project. The net increase in impervious surfaces relative to existing conditions would consist of the equipment cabinets. Further, no water service would be required. The proposed action would not cause a change in surface infiltration or a decrease in the percolation of water into the underlying aquifers. As shown in Figure 2-7 of the Butte County Groundwater Plan, the project site is not located in a groundwater recharge area for the Sacramento Valley Groundwater Basin. No impacts to groundwater supplies and recharge would occur.
c) Substantially alter the existing drainage pattern of the site or area, including through
the alteration of the course of a stream or river or through the addition of impervious
surfaces, in a manner which would:
i) Result in substantial on- or offsite erosion or siltation;
No impact. The proposed action would have no effect on erosion or siltation occurring on- or off-site. With the exception of grading required to create the development site, no changes to the landform or drainage patterns would occur and minimal ground disturbance would be required. See response to 1.10 (a) above. The project would not alter the course of a stream or river. No impact would occur under this threshold.
ii) Substantially increase the rate or amount of surface runoff in a manner which
would result in flooding on- or offsite;
No impact. The proposed action would result in a negligible increase in impervious surface area from construction of new facilities. The existing drainage patterns on-site would not be affected. Storm water would percolate into the existing soil surrounding the site or runoff into a proposed concrete swale and gravel pit located on the east side of the lease area. The project would not result in on- or off-site flooding. Impacts would be less than significant.
iii) Create or contribute runoff water which would exceed the capacity of existing
or planned stormwater drainage systems or provide substantial additional
sources of polluted runoff; or
No impact. Stormwater drainage systems in the project area currently consists of roadside ditches and culverts that capture surface runoff, which ultimately infiltrate into the underground aquifer or conveyed to area waterways. Precipitation that falls on vacant land percolates into the soil. The project would not increase runoff from impervious surfaces or otherwise affect the ability of existing on-site stormwater detention to accommodate stormflows. No impacts would occur under this threshold.
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iv) Impede or redirect flood flows?
No impact. The project site is not located within a 100-year mapped flood zone (FEMA Flood Insurance Rate Map No. 06007C1025E, January 6, 2011). As referenced, the project would not redirect on-site drainage patterns or impede or redirect flood flows. All on-site drainage would be managed to ensure existing flows off-site are maintained. The project would not expose people or structures to flood hazard from severe storm events. No impact would occur under this threshold.
d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project
inundation?
No impact. The project site is not located within a 100-year mapped flood zone (FEMA Flood Insurance Rate Map No. 06007C1050E, January 6, 2011). The flood zone is identified as X (Unshaded), which is the area determined to be outside the 500-year flood and protected by levee from 100- year flood. The project would not redirect on-site drainage patterns or impede or redirect flood flows on or surrounding the site. All on-site drainage would be managed to ensure pre-construction flows off-site are maintained. The project would not expose people or structures to flood hazard from severe storm events. Per the General Plan Health and Safety Element Figure HS-5, the project site, is not located in a dam inundation zone. The project site is not located in an area that would be impacted by a seiche, tsunami, or mudflows. Because the site is not located in a dam inundation zone, no impact would occur under this threshold.
e) Conflict with or obstruct implementation of a water quality control plan or sustainable
groundwater management plan?
No impact. The project site is located outside the Butte County Groundwater Management Plan area. As referenced, the site is within the Sacramento River Valley Groundwater Basin; however, no water service is required for operation of the project. The project would not affect groundwater demand or recharge. No impact would occur under this threshold.
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1.11 LAND USE AND PLANNING
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with
Mitigation Incorporated
Less Than Significant Impact
No
Impact
XI. Land Use and Planning.
Would the project:
a) Physically divide an established community?
b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?
Environmental Setting
The General Plan Update represents the basic community values, ideals and aspirations with respect to land use, development, transportation, public services, and conservation policy that will govern Butte County through 2040. The land use element of the general plan designates the land use of areas within the County, and includes a description of the characteristics and intensity of each land use category. The land use designation for the project site is Foothill Residential (FR). It is located in the Bangor community of unincorporated Butte County.
Butte County Zoning Ordinance
The Zoning Ordinance implements the goals and policies of the Butte County General Plan by regulating the uses of the land and structures within the County. The zoning designations of the project site and their intended use are as follows:
Foothill Residential (FR)
The purpose of the FR zone is to allow for the appropriate development of large-lot single-family home, small farmsteads, and related uses in the foothill areas of the county. Standards for the FR zone are intended to ensure that the development of homes respond sensitively to the foothill setting. Permitted residential uses in the FR zones include a single-family home, small residential care home, and a second unit. The FR zone also conditionally permits non-residential uses compatible with a low-density rural setting, including public and quasi-public uses, mining, animal services, hunting and fishing clubs, nurseries, and commercial stables. Animal grazing, crop cultivation, private stables, on-site agricultural product sales, and other similar agricultural activities are permitted uses in the FR zone. The minimum permitted parcel size in the FR zone ranges from 1 acre to 40 acres. The FR zone implements the Foothill Residential land use designation in the General Plan.
Use Permit
As stated, the proposed action is subject to approval of a conditional Use Permit. The finding associated with approval of a conditional Use Permit application are as follows:
Butte County Code §24-217 (Conditional Use Permit - Findings)
A. The proposed use is allowed in the applicable zone and consistent with the General Plan.
B. The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the subject property.
C. The proposed use will not be detrimental to the public health, safety, and welfare of the County.
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D. The proposed use is properly located within the County and adequately served by existing or planned services and infrastructure.
E. The size, shape, and other physical characteristics of the subject property are adequate to ensure compatibility of the proposed use with the existing and future land uses in the vicinity of the subject property.
F. The proposed project would have no significant or adverse environmental impacts.
Discussion
a) Physically divide an established community?
No impact. The subject property is a 2,500 square foot lease area within a 2.04-acre parcel. The proposed action would allow the installation of a monopine, elevated development pad, equipment cabinet and related improvements to enhance telecommunication infrastructure within the area. The project would not require any changes to an existing facility. No structures would be removed nor would neighboring parcels be affected by the project.
b) Cause a significant environmental impact due to a conflict with any land use plan,
policy, or regulation adopted for the purpose of avoiding or mitigating an environmental
effect?
No impact. The project is deemed consistent if the proposed use is consistent with the applicable General Plan designation and text, the applicable General Plan is legally adequate and internally consistent, and the anticipated types of activities are appropriate to the land use designated for the area. The proposed project does not include an amendment to the existing land use designation and would be consistent with the zoning designation provided a UP is approved. The proposed project is a request for a UP, consistent with Section 24-217 of the Butte County Zoning Ordinance. Implementation of the project would not result in a conflict with zoning ordinances because the project is a conditionally allowed use in the Foothill Residential zone with the approval of a UP. The project will not generate any inconsistencies with applicable zoning standards and General Plan policies.
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1.12 MINERAL RESOURCES
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with
Mitigation Incorporated
Less Than Significant Impact
No
Impact
XII. Mineral Resources.
Would the project:
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan?
Discussion
a) Result in the loss of availability of a known mineral resource that would be of value to
the region and the residents of the state?
No impact. The majority of Butte County’s sand and gravel deposits occur in two regions, along the Sacramento River and within a band running from north to south down the center of the county. There are no known economically viable sources of rock materials in the immediate vicinity of the project site and no mining has occurred on the project site or surrounding area. Approval of the proposed action would not preclude future extraction of available mineral resources. No impact would occur under this threshold.
b) Result in the loss of availability of a locally important mineral resource recovery site
delineated on a local general plan, specific plan, or other land use plan?
No impact. The project site is not within or near any designated locally-important mineral resource recovery site. Further, construction of the monopine and related improvements would not require the use of mineral resources. No impact would occur under this threshold.
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1.13 NOISE
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with
Mitigation Incorporated
Less Than Significant Impact
No
Impact
XIII. Noise.
Would the project result in:
a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or in other applicable local, state, or federal standards?
b) Generation of excessive groundborne vibration or groundborne noise levels?
c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
Environmental Setting
According to the Butte County General Plan 2040, noise is a concern throughout Butte County, but especially in rural areas and in the vicinity of noise-sensitive uses such as residences, schools, and churches. Noise is discussed in the Health and Safety Chapter of the Butte County General Plan 2040. Tables HS-2 and HS-3 in the County General Plan (included as Tables 1.13-1 and 1.13-2 below) outline the maximum allowable noise levels at sensitive receptor land uses.
Table 1.13-1. Maximum Allowable Noise Exposure Transportation Noise Sources
LAND USE
Exterior Noise Level Standard for
Outdoor Activity Areasa
Interior Noise Level
Standard
Ldn/CNEL, dB Leq, dBAb Ldn/CNEL, dB Leq, dBAb
Residential 60c - 45 -
Transient Lodging 60c - 45 -
Hospitals, nursing homes 60c - 45 -
Theaters, auditoriums, music halls - - - 35
Churches, meeting halls 60c - - 40
Office Buildings - - - 45
Schools, libraries, museums - 70 - 45
Playgrounds, neighborhood parks - 70 - -
Source: Table HS-2, Butte County General Plan 2040
a Where the location of outdoor activity areas is unknown, the exterior noise-level standard shall be
applied to the property line of the receiving land use.
b As determined for a typical worst-case hour during periods of use.
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c Where it is not possible to reduce noise in outdoor activity areas to 60 dB Ldn/CNEL or less using a
practical application of the best-available noise reduction measures, an exterior noise level of up to 65 dB
Ldn/CNEL may be allowed, provided that available exterior noise-level reduction measures have been
implemented and interior noise levels are in compliance with this table.
Table 1.13-2. Maximum Allowable Noise Exposure Non-Transportation Noise Sources
NOISE LEVEL DESCRIPTION
Daytime 7 am - 7 pm Evening 7 pm - 10 pm Night 10 pm - 7 am
Urban Non-Urban Urban Non-Urban Urban Non-Urban
Hourly Leq (dB) 55 50 50 45 45 40
Maximum Level (dB) 70 60 60 55 55 50
Source: Table HS-3, Butte County General Plan 2040
Notes:
1. “Non-Urban designations” are Agriculture, Timber Mountain, Resource Conservation, Foothill
Residential and Rural Residential. All other designations are considered “urban designations” for the
purposes of regulating noise exposure.
2. Each of the noise levels specified above shall be lowered by 5 dB for simple tone noises, noises
consisting primarily of speech or music, or for recurring impulsive noises. These noise level standards do not
apply to residential units established in conjunction with industrial or commercial uses (e.g. caretaker
dwellings).
3. The County can impose noise level standards which are up to 5 dB less than those specified above based
upon determination of existing low ambient noise levels in the vicinity of the project site.
4. In urban areas, the exterior noise level standard shall be applied to the property line of the receiving
property. In rural areas, the exterior noise level standard shall be applied at a point 100 feet away from the residence. The above standards shall be measured only on property containing a noise sensitive land use. This
measurement standard may be amended to provide for measurement at the boundary of a recorded noise
easement between all affected property owners and approved by the County.
Table 1.13.1, above, identifies the maximum allowable noise exposure to a variety of land uses from transportation sources, including from roadways, rail and airports. Table 1.13-2 identifies the maximum allowable noise exposure from non-transportation sources. In the case of transportation noise sources, exterior noise level standards for residential outdoor activity areas are 60 dB (Ldn/CNEL). However, where it is not possible to reduce noise in an outdoor activity area to 60 dB Ldn /CNEL or less using a practical application of the best-available noise-reduction measures, an exterior noise level of up to 65 dB may be allowed, provided that available exterior noise-level reduction measures have been implemented and interior noise levels are in compliance with applicable standards.
Butte County Noise Ordinance
Chapter 41A, Noise Control, of the Butte County Code of Ordinance applies to the regulation of noise. The purpose of the noise ordinance is to protect the public welfare by limiting unnecessary, excessive, and unreasonable noise. Section 41A-7 specifies the exterior noise limits that apply to land use zones within the County, which are provided in Table 1.13-2.
The Butte County Noise Ordinance provides the County with a means of assessing complaints of alleged noise violations and to address noise level violations from stationary sources. The ordinance includes a list of activities that are exempt from the provisions of the ordinance. Relevant information related to the exterior and interior noise limits set out by the Butte County Noise Ordinance are included below.
Chapter 41A-9 Exemptions
The following are exempted activities identified in Chapter 41A-9 that are applicable to the proposed project:
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(f) Noise sources associated with construction, repair, remodeling, demolition, paving or grading of any real property or public works project located within one thousand (1,000) feet of residential uses, provided said activities do not take place between the following hours:
• Sunset to sunrise on weekdays and non-holidays;
• Friday commencing at 6:00 p.m. through and including 8:00 a.m. on Saturday, as well as not before 8:00 a.m. on holidays;
• Saturday commencing at 6:00 p.m. through and including 10:00 a.m. on Sunday; and,
• Sunday after the hour of 6:00 p.m.
Provided, however, when an unforeseen or unavoidable condition occurs during a construction project and the nature of the project necessitates that work in process be continued until a specific phase is completed, the contractor or owner shall be allowed to continue work into the hours delineated above and to operate machinery and equipment necessary to complete the specific work in progress until that specific work can be brought to conclusion under conditions which will not jeopardize inspection acceptance or create undue financial hardships for the contractor or owner;
(g) Noise sources associated with agricultural and timber management operations in zones permitting agricultural and timber management uses;
(h) All mechanical devices, apparatus or equipment which are utilized for the protection or salvage of agricultural crops during periods of adverse weather conditions or when the use of mobile noise sources is necessary for pest control;
(i) Noise sources associated with maintenance of residential area property, provided said activities take place between 7:00 a.m. to sunset on any day except Saturday, Sunday, or a holiday, or between the hours of 9:00 a.m. and 5:00 p.m. on Saturday, Sunday, or a holiday; and, provided machinery is fitted with correctly functioning sound suppression equipment;
Chapter 41A-8 Butte County Interior Noise Standards
Interior noise standards discussed in Chapter 41A apply to all noise sensitive interior area within Butte County. The maximum allowable interior noise level standards for residential uses is 45 dB Ldn/CNEL, which is designed for sleep and speech protection. The typical structural attenuation of a residence from an exterior noise is 15 dBA when windows facing the noise source is open. When windows in good condition are closed, the noise attenuation factor is around 20 dBA for an older structure and 25 dBA for a newer dwelling constructed consistent with Title 24 of the California Energy Code.
Table 1.13-3. Maximum Allowable Interior Noise Standards
NOISE LEVEL
DESCRIPTION Daytime 7 am - 7 pm Evening 7 pm - 10 pm Nighttime 10 pm - 7 am
Hourly Leq (dB) 45 40 35
Maximum Level (dB) 60 55 50
Source: Butte County Code Chapter 41A-8, Interior Noise Standards
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Discussion
a) Generation of a substantial temporary or permanent increase in ambient noise levels in
the vicinity of the project in excess of standards established in the local general plan
or noise ordinance, or in other applicable local, state, or federal standards?
Less than significant impact. Post-construction, the project would not generate noise. The project site approximately 280 southwest of the nearest sensitive properties. Other than one monthly inspection and maintenance trips, the proposed action would not change existing noise levels.
b) Generation of excessive groundborne vibration or groundborne noise levels?
No impact. The proposed action would require minor grading and excavation to accommodate installation of the equipment. The nearest sensitive properties are located approximately 280 feet northeast of the site. No temporary or permanent sources of groundborne vibration proximal to an existing receiver would occur. Post-construction, the project would not generate vibration.
c) For a project located within the vicinity of a private airstrip or an airport land use plan
or, where such a plan has not been adopted, within two miles of a public airport or
public use airport, would the project expose people residing or working in the project
area to excessive noise levels?
No impact. The Oroville Municipal Airport is located approximately 13 miles northwest of the site. As referenced, the project site is located out the Airport Influence Area. Thus, while aircraft overflights would be audible at the project site, the project would not expose people to excessive noise levels from a public use airport or private airstrip. No impact would occur under this threshold.
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1.14 POPULATION AND HOUSING
ENVIRONMENTAL ISSUES Potentially Significant
Impact
Less Than
Significant with Mitigation Incorporated
Less Than Significant
Impact
No Impact
XIV. Population and Housing.
Would the project:
a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
Discussion
a) Induce substantial unplanned population growth in an area, either directly (for
example, by proposing new homes and businesses) or indirectly (for example, through
extension of roads or other infrastructure)?
No impact. The project would construct a new monopine and related equipment on a 2,500 square foot leased area within an existing 2.04-acre residential parcel. No new jobs would be generated nor would the action induce population growth in the County.
b) Displace substantial numbers of existing people or housing, necessitating the
construction of replacement housing elsewhere?
No impact. The proposed monopine and equipment would not result in the loss of existing housing or cause an increase in the local population that would displace existing residents, necessitating the construction of additional housing.
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1.15 PUBLIC SERVICES
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with
Mitigation Incorporated
Less Than Significant Impact
No
Impact
XV. Public Services.
Would the project:
a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services:
Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?
Discussion
a) Result in substantial adverse physical impacts associated with the provision of new or
physically altered governmental facilities, or the need for new or physically altered
governmental facilities, the construction of which could cause significant
environmental impacts, in order to maintain acceptable service ratios, response times,
or other performance objectives for any of the public services:
Fire protection?
No impact. The project is located in a moderate fire hazard area as designated by the State Department of Forestry and Fire Protection. The project site is within a State Responsibility Area (SRA), which means that the California Department of Forestry and Fire Protection (CalFire) has fiscal responsibility for preventing and suppressing fires. The nearest staffed fire station is Butte County Fire Station #64, located at 22 Walnut Avenue in Oroville west of the site. The CalFire Robinson Mill Station is located at 10 Robinson Mill Road approximately 2.4 miles northeast of the site. The proposed project would be an unmanned telecommunication facility. It would not increase demand for fire protection.
Police protection?
No impact. The Butte County Sheriff’s Office (BCSO) provides law enforcement service to the site from the headquarters located in the City of Oroville. The BCSO also maintains a mutual aid agreement with the Oroville Police Department. Municipal police departments are responsible for protecting the citizens and property within their jurisdictions. Under the terms of the mutual aid agreements, the BCSO can assume that role in these jurisdictions upon request or in the event of the inability of municipal police departments to provide law enforcement. Implementation of the proposed project could increase service calls when development occurs. The project would not require any new law enforcement facilities or the alteration of existing facilities to maintain acceptable performance objectives. No increase in demand for law enforcement is anticipated. No impact would occur under this threshold.
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Schools?
No impact. The proposed action would allow construction of a new monopine and related equipment. It would not affect demand for school facilities in the area. No impact would occur under this threshold.
Parks?
No impact. The project would not affect demand for existing local and regional park facilities. Approval of the project would allow construction of a new monopine and related equipment. No impact would occur under this threshold.
Other public facilities?
Less than significant impact. Development of the project would require electrical service. These site-specific improvements would not cause any adverse project impacts or otherwise increase demand for County services such as fire protection, road maintenance, law enforcement, schools, recreation and libraries.
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1.16 RECREATION
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with
Mitigation Incorporated
Less Than Significant Impact
No
Impact
XVI. Recreation.
Would the project:
a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
b) Include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment?
Discussion
a) Increase the use of existing neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the facility would occur or be
accelerated?
No impact. The proposed project would allow construction of a new monopine and related equipment on a 2,500 square foot lease site located within an existing residential property. The project would not affect recreational resources. No impact would occur under this threshold.
b) Include recreational facilities or require the construction or expansion of recreational
facilities that might have an adverse physical effect on the environment?
No impact. The project would not include recreational facilities nor would the monopine and related equipment require the expansion of existing recreational facilities. The project would not result in any adverse physical effects on the environment from construction or expansion of recreational facilities. No impact would occur under this threshold.
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Monopine Telecommunications Facility Permit (UP23-0002) 42 Butte County July 2023
1.17 TRANSPORTATION
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with
Mitigation Incorporated
Less Than Significant Impact
No
Impact
XVII. Transportation.
Would the project:
a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities?
b) Conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b)? c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?
d) Result in inadequate emergency access?
Discussion
a) Conflict with a program, plan, ordinance or policy addressing the circulation system,
including transit, roadway, bicycle, and pedestrian facilities?
Less than significant impact. The proposed project would allow construction of a new monopine and related equipment. One monthly inspection and maintenance trip would be required during operation of the project. Operation of Fire Camp Road would not be affected by the project. Impacts would be less than significant.
There are no designated pedestrian or bicycle transportation facilities located near the project site, nor are such facilities proposed for the project area. Fire Camp Road is not identified as an existing or planned bike route in the adopted 2011 Butte County Bicycle Plan. Development of the project would not impact alternative transportation facilities.
b) Conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b)?
Less than significant impact. The project proposes the construction of a telecommunication facility. Construction traffic is temporary. Routine maintenance will occur 1 to 2 times a month, which will generate a less than significant impact in relation to vehicle miles traveled for the project.
c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or
dangerous intersections) or incompatible uses (e.g., farm equipment)?
No impact. The proposed project would not require any access improvements connecting to Fire Camp Road. It would not change the configuration (alignment) of area roadways and would not introduce types of vehicles that would result in dangerous conditions on area roads.
d) Result in inadequate emergency access?
No impact. The project site would be accessed via an existing private driveway from Fire Camp Road. As stated, one monthly maintenance trip would occur and, if needed, emergency vehicles. No impact to emergency access would occur with approval of the proposed action.
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1.18 TRIBAL CULTURAL RESOURCES
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with
Mitigation Incorporated
Less Than Significant Impact
No
Impact
XVIII. Tribal Cultural Resources.
Has a California Native American Tribe requested consultation in accordance with Public Resources Code section 21080.3.1(b)? Yes No
Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)?
b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe?
Environmental Setting
Tribal Cultural Resources are defined as a site feature, place, cultural landscape, sacred place or object, which is of cultural value to a Tribe and is either on or eligible for the California Historic Register, a local register, or a resource that the lead agency, at its discretion, chooses to treat as such (Public Resources Code Section 21074 (a)(1)).
Butte County contains a rich diversity of archaeological, prehistoric and historical resources. The General Plan 2040 EIR observes that the “archaeological sensitivity of Butte County is generally considered high, particularly in areas near water sources or on terraces along water courses” (Butte County General Plan EIR, 2010, p. 4.5-7).
A substantial adverse change upon a historically significant resource would be one wherein the resource is demolished or materially altered so that it no longer conveys its historic or cultural significance in such a way that justifies its inclusion in the California Register of Historical Resources or such a local register (CEQA Guidelines Section 15064.5, sub. (b)(2)). Cultural resources include prehistoric and historic period archaeological sites; historical features, such as rock walls, water ditches and flumes, and cemeteries; and architectural features. Cultural resources consist of any human-made site, object (i.e., artifact), or feature that defines and illuminates our past. Often such sites are found in foothill areas, areas with high bluffs, rock outcroppings, areas overlooking deer migratory corridors, or near bodies of water.
Per Assembly Bill AB 52 (Statutes of 2014) letters were sent to the Paskenta Band of Nomlaki Indians, the Mooretown Rancheria, and the Mechoopda Indian Tribe of Chico Rancheria. No request for consultation from any tribe was received.
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Discussion
Would the project cause a substantial adverse change in the significance of a tribal cultural
resource, defined in Public Resources Code section 21074 as either a site, feature, place,
cultural landscape that is geographically defined in terms of the size and scope of the
landscape, sacred place, or object with cultural value to a California Native American tribe,
and that is:
a) Listed or eligible for listing in the California Register of Historical Resources, or in a
local register of historical resources as defined in Public Resources Code section
5020.1(k)?
No impact. The proposed action would be constructed within an existing disturbed area that is part of the surrounding residential property. Grading and excavation would be limited to what is needed to install the monopine foundation, elevated equipment pad and related improvements. No historic resources are known to occur on-site and none would be affected by the project. No impact would occur under this threshold.
b) A resource determined by the lead agency, in its discretion and supported by substantial
evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public
Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of
Public Resource Code Section 5024.1, the lead agency shall consider the significance of
the resource to a California Native American tribe?
No impact. As detailed in response to Checklist Question 1.5b, no proposed construction or ground-disturbing activities are expected to result in impacts to known historic or cultural resources. No known features exist on the property, including objects, sites, or landscapes, that could be considered as having cultural value to California Native American tribes, or eligible for listing in the California Register of Historic Resources.
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1.19 UTILITIES AND SERVICE SYSTEMS
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with
Mitigation Incorporated
Less Than Significant Impact
No
Impact
XIX. Utilities and Service Systems.
Would the project:
a) Require or result in the relocation or construction of construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunication facilities, the construction or relocation of which could cause significant environmental effects?
b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years?
c) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project’s projected demand, in addition to the provider’s existing commitments?
d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
Environmental Setting
Solid Waste
Most municipal wastes are hauled to the Neal Road Recycling and Waste Facility, which is owned by Butte County and managed by the Butte County Department of Public Works. The Neal Road Facility is located at 1023 Neal Road, one mile east from State Highway 99, and seven miles southeast of Chico, on 190 acres owned by Butte County. The Neal Road Facility is permitted to accept municipal solid waste, inert industrial waste, demolition materials, special wastes containing nonfriable asbestos, and septage. Hazardous wastes, including friable asbestos, are not accepted at the Neal Road Facility or any other Butte County disposal facility, and must be transported to a Class I landfill permitted to receive untreated hazardous waste. The landfill has a design capacity of 25,271,900 cubic yards and is permitted to accept 1,500 tons per day; however, the average daily disposal into the landfill is approximately 466 tons. As of November 2017, the remaining capacity of the Neal Road Facility is approximately 15,449,172 cubic yards, which would give the landfill a service life to the year 2048 (Neal Road Recycling & Waste Facility, 2017).
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Discussion
a) Require or result in the relocation or construction of construction of new or expanded
water, wastewater treatment or stormwater drainage, electric power, natural gas, or
telecommunication facilities, the construction or relocation of which could cause
significant environmental effects?
No impact. The project site is currently served by electric power (PG&E) and wireless phone service. No domestic wastewater or water service is required; no septic system or water infrastructure is needed. The project would require the extension of electrical service to the lease area. The project would not result in the relocation or construction of new or expanded infrastructure including water services, wastewater treatment stormwater drainage or natural gas. The project would be a new wireless telecommunication facility.
b) Have sufficient water supplies available to serve the project and reasonably foreseeable
future development during normal, dry and multiple dry years?
No impact. No domestic water would be required for the project. No impact would occur.
c) Result in a determination by the wastewater treatment provider that serves or may
serve the project that it has adequate capacity to serve the project’s projected
demand, in addition to the provider’s existing commitments?
No impact. No domestic wastewater service would be required. No impact would occur.
d) Generate solid waste in excess of State or local standards, or in excess of the capacity
of local infrastructure, or otherwise impair the attainment of solid waste reduction
goals?
Less than significant. Operations would not generate solid waste that would require disposal at the Neal Road Recycling and Waste Facility. As stated, the Neal Road Facility has a maximum permitted throughput of 1,500 tons per day, and an estimated current daily average throughput of 466 tons per day. Facility capacity would not be affected by operation of the proposed project.
e) Comply with federal, state, and local management and reduction statutes and
regulations related to solid waste?
No impact. The proposed project would comply with statutes and regulations related to solid waste. As stated, the project would not generate solid waste. No impact would occur.
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Monopine Telecommunications Facility Permit (UP23-0002) 47 Butte County July 2023
1.20 WILDFIRE
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with
Mitigation Incorporated
Less Than Significant Impact
No
Impact
XX. Wildfire.
Is the project located in or near state responsibility areas or lands classified as high fire hazard severity zones?
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
Yes No
a) Substantially impair an adopted emergency response plan or emergency evacuation plan?
b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
c) Require the installation of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?
Environmental Setting
The project site is designated as a high fire hazard by the State Department of Forestry and Fire Protection. The project site is located within a designated State Responsibility Area (SRA); thus, CalFire has fiscal responsibility for preventing and suppressing any potential wildfires.
Discussion
a) Substantially impair an adopted emergency response plan or emergency evacuation
plan?
No impact. The project would require construction of a new monopine and related equipment. Access would be provided via an existing driveway connecting to Fire Camp Road. No lane closures or other project-related actions would create restrictions affecting emergency access or interfere with an emergency evacuation plan. No impact would occur under this threshold.
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Monopine Telecommunications Facility Permit (UP23-0002) 48 Butte County July 2023
b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby
expose project occupants to pollutant concentrations from a wildfire or the
uncontrolled spread of a wildfire?
No impact. The project site is located on a disturbed site within an existing 2.04-acre residential property in a foothill residential area with rolling topography. The nearest staffed fire station is Butte County Fire Station #64, located at 22 Walnut Avenue in Oroville west of the site. The CalFire Robinson Mill Station is located at 10 Robinson Mill Road approximately 2.4 miles northeast of the site. No conditions or factors have been identified in the project area that would exacerbate wildfire risks. No impact would occur under this threshold.
c) Require the installation of associated infrastructure (such as roads, fuel breaks,
emergency water sources, power lines or other utilities) that may exacerbate fire risk
or that may result in temporary or ongoing impacts to the environment?
No impact. No off-site infrastructure improvements are needed to address fire or emergency access requirements. The existing driveway would accommodate emergency vehicles. No increase in the risk of wildland fires would occur with the approval of the project. No impact would occur under this threshold.
d) Expose people or structures to significant risks, including downslope or downstream
flooding or landslides, as a result of runoff, post-fire slope instability, or drainage
changes?
No impact. According to Butte County General Plan 2040 (Figure HS-7), the project site is located in an area with a low to moderate potential for landslides (see discussion Section 1.7.a – Geology Soils). However, based on site conditions, no impacts from post-fire instability or drainage changes have been identified. No impact would occur under this threshold.
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Monopine Telecommunications Facility Permit (UP23-0002) 49 Butte County July 2023
1.21 MANDATORY FINDINGS OF SIGNIFICANCE
ENVIRONMENTAL ISSUES Potentially Significant Impact
Less Than Significant with
Mitigation Incorporated
Less Than Significant Impact
No
Impact
XX. Mandatory Findings of Significance.
a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of an endangered, rare, or threatened species, or eliminate important examples of the major periods of California history or prehistory?
b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.)
c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly?
Discussion
a) Does the project have the potential to substantially degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife species, cause a fish
or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant
or animal community, substantially reduce the number or restrict the range of an
endangered, rare, or threatened species, or eliminate important examples of the major
periods of California history or prehistory?
Less than significant. Potential impacts to biological resources and cultural resources associated with future project development were analyzed in this Initial Study. All direct, indirect, and cumulative impacts were determined to have no impact or a less than significant impact. No special status species or their habitat was identified on the site. Development of the project would not cause fish or wildlife populations to drop below self-sustaining levels or restrict the movement/distribution of a rare or endangered species. No mitigation would be required.
Development would not affect known significant historic resources or known archaeological or paleontological resources. There are no known unique ethnic or cultural values associated with the project site, nor are known religious or sacred uses associated with the project site. Limited excavation would be required to install the monopine foundation, equipment cabinets, fencing and gravel driveway. No mitigation is required to address the potential discovery of unknown resources during excavation or other soil disturbance associated with development. No impact to cultural and paleontological resources would occur.
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b) Does the project have impacts that are individually limited, but cumulatively
considerable? (“Cumulatively considerable” means that the incremental effects of a
project are considerable when viewed in connection with the effects of past projects,
the effects of other current projects, and the effects of probable future projects.)
Less than significant. The project would have no impact or a less than significant impact with respect to all environmental issues pursuant to CEQA. Due to the limited scope of direct physical impacts to the environment associated with the project, potential impacts are project-specific in nature. No mitigation measures would be required.
The cumulative effects resulting from build out of the Butte County General Plan 2040 were previously identified in the General Plan Update Program EIR. The type, scale, and location of the type of activity proposed would be consistent with the County’s General Plan and zoning designation with approval of a UP and is compatible with existing development on-site and adjacent single-family residential and agricultural uses. Because of this consistency, the potential cumulative environmental effects of the proposed project would fall within the impacts identified in the County’s General Plan EIR.
c) Does the project have environmental effects that will cause substantial adverse effects
on human beings, either directly or indirectly?
Less than significant. There have been no impacts discovered through the review of this application demonstrating that approval of the UP application and implementation of the proposed action would cause substantial adverse effects to human beings either directly or indirectly. No mitigation measures are required to reduce any potential impacts to less than significant.
Authority for the Environmental Checklist: Public Resources Code Sections 21083, 21083.5.
Reference: Government Code Sections 65088.4. Public Resources Code Sections 21080, 21083.5, 21095; Eureka Citizens for Responsible Govt. v. City of Eureka (2007) 147 Cal.App.4th 357; Protect the Historic Amador Waterways v. Amador Water Agency (2004) 116 Cal.App.4th at 1109; San Franciscans Upholding the Downtown Plan v. City and County of San Francisco (2002) 102 Cal.App.4th 656.
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Environmental Reference Materials
1. Butte County. Butte County Airport Land Use Compatibility Plan. Butte County Airport Land Use Commission. November 15, 2017. Available at http://www.buttecounty.net/Portals/10/Docs/ALUC/BCALUCP_11-15-17/Butte_County_Airport_Land_ Use_Compatibility_Plan_2017-11-15.pdf
2. Butte County. Butte County Bicycle Plan. June 14, 2011. Available at https://www.buttecounty.net/Portals/22/downloads/BikewayMastserPlan/5-23-11%20FINAL%20Draft_County_Bike_Plan%20June%2014%202011%20with%20Table%20of%20Contents.pdf
3. Butte County. Butte County Climate Action Plan. Updated December 2021. Available at https://www.buttecounty.net/DocumentCenter/View/2255/2021-Butte-County-Climate-Action-Plan-CAP-PDF?bidId=
4. Butte County. Butte County General Plan Update 2040 Update Final Environmental Impact Report. March 2023. Available at https://www.buttecounty.net/DocumentCenter/View/6521/Butte-GPU-FEIR-030923?bidId=
5. Butte County. Butte County General Plan 2040 Update. March 28, 2023. Available at http://www.buttecounty.net/dds/Planning/GeneralPlan/Chapters.aspx
6. Butte County. Butte County General Plan 2040 Setting and Trends Report Public Draft. June 2021. Available at http://www.buttegeneralplan.net/products/SettingandTrends/default.asp.
7. Butte County. Butte County Code of Ordinances, Chapters 19, 20, 24 & 41A. Available at https://www.municode.com/library/ca/butte_county/codes/code_of_ordinances/
8. Butte County. Butte County Department of Development Services GIS Data. March 2020.
9. Butte County Air Quality Management District. CEQA Air Quality Handbook – Guidelines for Assessing Air Quality and Greenhouse Gas Impacts for Projects Subject to CEQA Review. October 23, 2014. Available at https://bcaqmd.org/planning/air-quality-planning-ceqa-and-climate-change/
10. Butte County Public Works Department, Division of Waste Management. Joint Technical Document-Neal Road Recycling and Waste Facility, Butte County, California. November 2017.
11. Butte County. Butte County Groundwater Management Plan, September 2004. http://www.buttecounty.net/waterresourceconservation/groundwatermanagementplan
12. California Department of Conservation. Fault-Rupture Hazard Zones in California. Altquist-Priolo Earthquake Fault Zoning Act with Index to Earthquake Fault Zone Maps. Special Publication 42. Interim Revision. 2007.
13. California Department of Conservation, Division of Land Resource Protection. A Guide to the Farmland Mapping and Monitoring Program. 2004.
14. California Department of Toxic Substance Control. 2009. Envirostor Database. Accessed on April 2023. http://www.envirostor.dtsc.ca.gov/public.
15. California Department of Finance. Population and Housing Estimates for Cities, Counties, and the State, 2010-2020. May 2021.
16. Hammett & Edison, Inc. RF Emission Study. February 6, 2023
17. DraftLink, Photosimulations. February 2, 2023
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ATTACHMENT F
PUBLIC COMMENTS
Staff received the attached public comments after the Planning Commission report was
completed. The comments will be addressed at the Planning Commission Hearing.
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