HomeMy WebLinkAboutUP23-0003 PC Approval Letter Department of Development Services Paula M. Daneluk, AICP, Director Curtis Johnson, Assistant Director 7 County Center Drive T: 530.552.3700 Oroville, California 95965 F: 530.538.7785 buttecounty.net/dds
September 29, 2023
Assurance Development blewis@assurance-realty.com
Re: Planning Commission Approval – UP23-0003 (Assurance Development); APN: 028-240-034 Dear Applicant: Your request for a Conditional Use Permit was approved at the Planning Commission
meeting on September 28, 2023. Should you desire to appeal the decision of the Planning Commission, you must do so in writing, before 4:00 p.m., Monday, October 9, 2023, to the following:
Department of Development Services
Planning Division 7 County Center Drive Oroville, California, 95965 The appeal fee of $790.45 must be paid at that time. If you do not appeal within the 10
calendar-day appeal period, the action of the Planning Commission is final. The conditions of approval for your project must be met within twenty-four (24) months from the date of approval. If the conditions of approval have not been met within this time,
your map will expire and become null and void unless a map extension is applied for prior to
the expiration of the tentative map (Butte County Code §20-67). Should you have any questions, please contact me at (530) 552-3685 or by email at tweems@buttecounty.net.
Sincerely,
Tristan Weems, AICP, Senior Planner
EXHIBIT A
CONDITIONAL USE PERMIT
BUTTE COUNTY PLANNING COMMISSION
DATE OF APPROVAL:
UP23-0003
PERMIT NO.
028-240-034
ASSESSOR’S PARCEL NO.
This Conditional Use Permit, pursuant to the provisions of the Zoning Ordinance of the County of
Butte and the special conditions set forth below permits the following: The development of a 100’
tall mono-pine telecommunication tower with 12-antennas and a 1,600 square foot lease area.
The project site located at 5753 La Porte Road in the unincorporated community of Bangor,
California. The site encompasses one 20-acre parcel: Assessor Parcel Number (APN) 028-240-
034.
I. GENERAL REQUIREMENTS, CONDITIONS, AND RESTRICTIONS:
1.Failure to comply with the conditions specified herein as the basis for approval of
application and issuance of permit constitutes cause for the revocation of said permit in
accordance with the procedures set forth in the Butte County Zoning Ordinance,
including Butte County Code section 24-251 (Permit Revocation and 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 permit must be established within two years of the date of
approval.
3. Changes to this Use Permit may be approved in accordance with the requirements of
Butte County Code section 24-246 (Changes to an Approved Project).
4. If any use for which a Use Permit has been granted is not established within two years
of the receipt of the permit by the Permittee consistent with conditions of approval herein,
the permit shall become null and void and reapplication pursuant to Butte County Code
section 24-248. Resubmittals shall be required to establish the use previously granted
under the expired permit unless, 30 days prior to the expiration date, a request for a one-
year extension is submitted to the Planning Commission together with sufficient
evidence that the time limits for processing development permits under federal or State
regulations require time limits which exceed one year. Upon application, and for good
cause by the Permittee, at a public hearing pursuant to Article 36 of Butte County Zoning
Code, the Planning Commission may extend any time limit previously made a part of
any condition to a Use Permit.
September 28, 2023
5. The terms and conditions of this permit shall run with the land and shall be binding upon
and to the benefit of the heirs, legal representatives, successors, and assigns of the
Permittee.
6. Neither the applicant nor any agent nor representative of the applicant shall intentionally
omit or misrepresent any material fact in connection with the application. Any alleged
material misrepresentation shall constitute grounds for the Director of Development
Services to commence a revocation hearing and, if proven to exist, shall constitute
sufficient grounds to revoke the permit.
II. CONDITIONS OF APPROVAL:
Butte County Department of Development Services, Planning Division
7. Compliance with applicable sections of Butte County Chapter 24 Zoning Ordinance
Article 26 titled “Telecommunication Facilities”.
8. Mitigation Measure BIO-1:
If the project will include vegetation removal (including grasses) or earthwork of any
kind during the nesting season (February 1 through August 31), CDFW recommends a
pre-construction nesting bird survey be conducted by a qualified biologist to identify
the absence or presence of active (i.e. with eggs or young) nests. The survey area
should include the project site and a minimum 300-foot buffer around the project site.
To minimize the chance of nests becoming established between the time the survey is
conducted and when construction begins, CDFW recommends the preconstruction
survey be conducted no more than three (3) days before the start of vegetation
removal and/or ground disturbing activities. Please also note that Fish and Game
Code section 3503 protects the nests and eggs of all birds, not just migratory birds and
birds of prey. If active nests are observed during the pre-construction survey a
species-appropriate no-disturbance buffer should be established to protect the active
nest. Nesting birds’ tolerance of disturbance varies greatly depending on species,
intensity of disturbance, whether the nesting pair is accustomed to disturbance, the
location of the nest, the stage of development of nestlings, etc. Disturbance too close
to the nest may impact the parents’ ability to forage effectively and reduce nestlings’
chances of survival. In some cases, disturbance can cause the parents to abandon the
nest completely. For these reasons the size of the no-disturbance buffer should be
determined by the qualified biologist. CDFW is available to provide comments and
feedback on nesting bird avoidance strategies if desired. However, it should be noted
that CDFW cannot guarantee that any specific buffer width will be sufficient to
completely avoid take in any given situation, and therefore CDFW cannot approve or
disapprove specific buffer proposals.
Plan Requirements: Perform protocol-level surveys for migratory birds protected by
the California Department Fish & Game Code and the Migratory Bird Treaty Act. This
measure shall be included as a condition on the use permit.
Timing: Requirements of the condition shall be adhered to prior to and during
construction activities planned to occur during nesting seasons for CDFC and MBTA
species (between February 1 and August 31).
Monitoring: The Butte County Department of Development Services shall ensure this
mitigation is met at the time of construction activities.
9. The telecommunication facilities shall comply with all applicable building and electrical
codes.
10. No advertising or commercial display is permitted on any telecommunication facility.
11. The installation of a facility shall not violate any existing deed restrictions.
12. There shall be no outdoor vehicle or equipment storage except for emergency
purposes.
13. All facilities shall meet current regulations of the FAA, the FCC, and any other State or
federal agency with the authority to regulate such facilities.
14. If federal or State regulations are changed, the property owner or responsible party
shall bring such facilities into compliance with revised regulations within 90 days of the
effective date of such regulations, unless a more stringent compliance schedule is
mandated by the controlling agency.
15. No facility or combination of facilities shall generate, at any time, electromagnetic
frequency radiation (EMF) or radio frequency radiation (RF) in excess of the FCC
adopted standards for human exposure.
16. Any facility determined by the County to be detrimental to the health, safety, or welfare
of persons working or residing near such facility, shall be removed, adjusted or
replaced by the property owner or service provider. In no case shall a facility remain in
operation if it is found to create a hazard to the public health, safety, and welfare.
17. Facilities that are not in use for a period of six months shall be considered abandoned
and shall be removed. Abandoned facilities shall be designated as unlawful and as
public nuisances, requiring no amortization period.
18. All facility operators shall submit certification from a registered structural engineer to
the building division at time of building permit submittal that all associated monopoles
and towers in excess of thirty (30) feet in height will withstand sustained winds as
required by the California Building Code.
19. Facilities shall be screened from public view and secured at all times to prevent access
by the public.
20. If the facility’s emissions are determined to exceed FCC standards, the applicant shall
pay for such other tests and other corrective measures as are necessary to establish
compliance with FCC OET 65 and its successors. Continued noncompliance
constitutes sufficient grounds to commence a permit revocation hearing which may
lead to permit revocation.
21. The applicant shall cooperate in all respects with the County’s consultant to assist the
consultant to reach a conclusion.
22. 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.
23. If an abandoned or discontinued facility is not removed within 60 days, the County may
remove the facility at the applicant’s or land owner’s expense.
Butte County Department of Development Services, Building Division
24. A building permit is required along with full set of plans designed by a CA Registered
Design Professional. Plans shall be in compliance with current Codes at time of
application.
Butte County Department of Public Health, Environmental Health Division
No conditions
Butte County Fire Department
25. All construction and development must be in accordance with current Public
Resources Code 4290 and 4291, current adopted Board of Forestry Fire Safe
Regulations, Butte County Improvement Standards, and California Building and Fire
Codes.
26. Supply a Knox Box Key box or lock for fire department access. California Fire Code
Sec. 506.1
Butte County Department of Public Works, Land Development Division
27. Driveway and Road Approaches: Prior to grading and building permit issuance, obtain
an encroachment permit, submit road and drainage improvement plans to the Public
Works Department, and improve the proposed existing road approach at Webb Creek
Circle and La Porte Road as specified in Butte County Improvement Standard S-18B
and the terms of the encroachment permit and improvement permit. Adequate sight
distance at the intersection of Webb Creek Circle and La Porte Road shall be provided
per Butte County Improvement Standard S-18. Right-of-way required for construction
of road approach and roadside drainage shall be provided. If the approach is already
constructed to standard, provide an engineer’s certification that the existing approach
meets County Improvement Standard S-18B.
28. Encroachment Permit: Prior to any work within the County right of way, the applicant
shall obtain an encroachment permit from the County, which includes a Traffic Control
Plan showing all public roadways where work is to be performed and indicates each
stage of work, closure dates for street and section of closure (if necessary and
otherwise allowed by local jurisdiction), signage, flaggers, and any other pertinent
information. The Traffic Control Plan shall be reviewed and approved by the County
before the contractor begins work.
29. Easements: The non-exclusive access and utility easement shall be submitted to the
Public Works Department and fire agency for review and approval prior to recording.
Prior to approval, the following shall be in place:
a. The easement shall include the location of the existing and planned driveway
improvements to ensure that the entirety of the driveway and its improvements are
located within the easement (with the exception of any portions of the existing road
that are being abandoned).
b. The easement shall also be located a minimum of 10 feet from the property line.
c. The easement shall include the fire turnaround.
30. Upon approval by the Public Works Department and fire agency, and prior to issuance
of improvement permits, the easement shall be recorded and a copy of the recorded
access deed provided to the Department of Public Works.
31. Site Plan Corrections: Prior to approval of improvement permits, please correct the
following on the site plans:
a. All plans must be scaled correctly in PDF.
b. All easements shall be labeled as “proposed” or “existing” with Document number
references.
32. Private Driveway: Prior to approval of improvement permits, all driveway
improvements must be a minimum of 10 feet from the property line.
Mooretown Rancheria
33. Contact the following individual if tribal cultural items or Native American human remains
are found during the development phase of the project: Tribal Historic Preservation
Officer Matthew Hatcher (THPO) at: Matthew.hatcher@mooretown.org
III. APPLICANT ACCEPTANCE AND ACKNOWLEDGEMENT OF CONDITIONS OF
APPROVAL:
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