HomeMy WebLinkAboutUP23-0004 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 – UP23-0004 (Assurance Development); APN: 028-030-047 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:
UP23-0004
PERMIT NO.
028-030-047
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 monopole telecommunication tower with 12-antennas and a 1,600 square foot lease area.
The project site located at in the unincorporated community of Honcut, California. The site
encompasses one 66-acre parcel: Assessor Parcel Number (APN) 028-030-047.
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
1. Compliance with applicable regulations under Butte County Chapter 24 Zoning
Ordinance Article 26 titled “Telecommunication Facilities”.
2. The telecommunication facilities shall comply with all applicable building and electrical
codes.
3. No advertising or commercial display is permitted on any telecommunication facility.
4. The installation of a facility shall not violate any existing deed restrictions.
5. There shall be no outdoor vehicle or equipment storage except for emergency purposes.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. Facilities shall be screened from public view and secured at all times to prevent access
by the public.
13. 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.
14. The applicant shall cooperate in all respects with the County’s consultant to assist the
consultant to reach a conclusion.
15. 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.
16. 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
17. 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
18. Submit a Hazardous Materials Business Plan to California Environmental Reporting
System within 30 days of storing hazardous materials (e.g. diesel generator) on site.
Butte County Agricultural Commissioner’s Office
19. Submit an Agricultural Maintenance plan for construction of sites and ongoing
Maintenance of facility.
Butte County Fire Department
20. 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.
21. 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
22. Prior to issuance of improvement permits, obtain an encroachment permit, submit road
and drainage improvement plans to the Public Works Department, and improve all new
and existing driveway and road approaches to publicly maintained roads as specified in
county Improvement Standard S-31 and the terms of the encroachment permit and
improvement permit. Adequate sight distance at the intersection of the project access
road and Ahart Road shall be provided. Right-of-way required for construction of road
approach and roadside drainage shall be provided.
23. Prior to issuance of building permits, pay all applicable mitigation fees in place at the
time of issuance.
Mooretown Rancheria
24. If tribal cultural items or Native American human remains are found during the
development phase of the project contact the following individual: 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