HomeMy WebLinkAboutUP23-0007_Appeal_Approval_LetterDepartment of Development Services Paula M. Daneluk, AICP, DirectorCurtis Johnson, Assistant Director
7 County Center Drive T: 530.552.3700 Oroville, California 95965 F: 530.538.7785 buttecounty.net/dds
August 8, 2024
Mr. Elliott Froissart Assurance Development (obo/ Vertical Bridge) 1499 Huntington Drive, Suite 305
South Pasadena, CA 91030
Re: Board of Supervisors Appeal Hearing – UP23-0007 (Assurance Development); APN: 072-140-058
Dear Mr. Froissart:
At the Board of Supervisors Meeting held on July 30, 2024, your appeal of the Planning Commission’s denial of Use Permit UP23-0007 was approved by the Board, adopting the Negative Declaration and approving the Conditional Use Permit on the above referenced property.
The conditions of approval must be met within twenty-four (24) months from the date of approval by the Butte County Board of Supervisors or the approval will be considered null and void. The applicant may request an Extension of Time (Article 34, BCC Section 24-247 C), up to one additional year, with the Zoning Administrator.
The permit will go into effect ten (10) days following the Board of Supervisors decision.
This date falls on Friday, August 9, 2024. Should you have any questions regarding this matter,
please contact Austin Forde, Assistant Planner, at 530.552.3686, or by email at aforde@buttecounty.net between 8:00 a.m. to 4:00 p.m., Monday through Friday.
Sincerely,
Austin Forde, Assistant Planner
Attachment: Conditions of Approval
EXHIBIT A
CONDITIONAL USE PERMIT
BUTTE COUNTY PLANNING COMMISSION
DATE OF APPROVAL:
UP23-0007
PERMIT NO.
072-140-058
ASSESSOR’S PARCEL NO. ddddddddd
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: Construction and operation
of a wireless communications facility. The facility includes a 100-ft tall monopole with ten (10)
8-foot antennas, 6 remote radio units (RRUs), one microwave unit, and one GPS
antenna attached. Additionally, the project includes (2) ground mounted radio cabinets on a
concrete pad, a fiber vault, and a multimeter utility service mounted on an H-frame within a 40’ X
40’ lease area surrounded by a 6-foot high chain link fence. Two additional carriers may co-
locate on the monopole under separate permitting actions. The site is located at 4825
Foothill Boulevard, Oroville CA 95966, approximately 4.8 miles southeast of the City of Oroville.
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
07/30/2024
Planning Commission may extend any time limit previously made a part of any condition
to a Use Permit.
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. The approved use shall be developed and maintained in substantial conformance with the
approved site plan and building plans on file with the Butte County Planning Division.
Minor changes to the plans may be allowed subject to the approval of the Director of
Development Services if found to substantially conform to the approved project.
8. The applicant shall construct and operate the project in compliance with the approvals
granted herein, county standards, and local ordinances and in compliance with all State
and Federal laws, regulations, and standards. In the event of a conflict between County
laws and standards and a State or Federal law, regulation, or standard, the stricter or
higher standard shall control.
9. The applicant shall obtain all necessary building permits from the Butte County Building
Division for all proposed structures to be constructed at the project site. The applicant shall
submit building plans and specifications prepared by a California registered design
professional (engineer or architect) demonstrating compliance with the current California
Building Code requirements.
10. No advertising or commercial display is permitted on the telecommunication facility.
11. There shall be no outdoor vehicle or equipment storage except for emergency purposes.
12. The facility shall meet current regulations of the Federal Aviation Administration (FAA),
Federal Communication Commission (FCC), and any other State or federal agency with
authority to regulate such facilities.
13. The applicant shall obtain all necessary building permits from the Butte County Building
Division for all proposed structures to be constructed at the project site. The applicant shall
submit building plans and specifications prepared by a California registered design
professional (engineer or architect) demonstrating compliance with the current California
Building Code requirements.
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 regulation unless the controlling agency mandates a more stringent
compliance schedule.
15. No facility or combination of facilities shall generate, at any time, electromagnetic
frequency radiation (EMF) or radio frequency (RF) in excess of the FCC adopted standard
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’s health, safety, or 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. Within sixty (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. If an abandoned or
discontinued facility is not removed within 60 days, the County may remove the facility at
the project proponent’s or land owner’s expense.
19. Equipment shelters within the lease area shall be screened from public view and secured
at all times to prevent access by the public.
20. If the facility’s EMF or RF emissions are determined to exceed FCC standards, the project
proponent shall pay for other tests and other corrective measures necessary to establish
compliance with FCC OET 65 and its successors. Continued noncompliance constitutes
sufficient ground to commence a permit revocation hearing, which may lead to permit
revocation. The project proponent shall cooperate in all respects with the County’s
consultant to assist the consultant in reaching a conclusion.
21. Grading and erosion and sediment control measures shall be designed to minimize
erosion during construction and shall be implemented for the duration of the grading period
and until structures, long-term erosion control measures, or permanent landscaping have
stabilized regraded areas. Erosion and sediment control measures shall be included in
building plans.
22. The Department of Development Services (DDS) monitors the landowner’s compliance
with all use permit conditions as detailed above. As the cost of ongoing monitoring of Use
Permit Conditions is not included in the County’s Use Permit application fees, at the
discretion of the Director of DDS (Director), the cost of DDS staff time directly related to
the monitoring of compliance with use permit conditions of approval shall be billed to and
borne by the landowner at the current DDS Planning Division hourly rate. Failure by the
landowner to remit payment of monitoring fees may be addressed as a violation of the
terms of the Use Permit per BCC Section 24-251 (Permit Revocation or Modification).
23. The collection of fees pursuant to Fish and Game Code Section 711.4 is required prior to
filing a CEQA 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 Project will
not be operative, vested, or final, and any local permits issued for the Project will be invalid
(Section 711.4 (c) (3)).
24. Prior to issuance of the Use Permit, pay any outstanding project-related processing fees.
Butte County Department of Public Health, Environmental Health Division
25. Within 30 days of storing hazardous materials at or above reporting quantities, project
proponent shall submit a complete Hazardous Material Business Plan (HMBP) and
Inventories into the California Environmental Reporting System (CERS) in accordance
with California Health and Safety Code (HSC) Chapter 6.95, Article 1 (§25500-§25519)
and California Code of Regulations (CCR) Title 19, Division 2, Chapter 4, Article 4. The
project proponent shall comply with all applicable requirements of HMBP state laws and
regulations, including, but not limited to, initial and annual employee training, annual
submittal of the HMBP in CERS, and re-submittal of the HMBP in CERS within 30 days of
a change of hazardous material formulation, type or quantity. Butte County Public Health
Department, Environmental Health Division is the regulatory oversight agency for the
HMBP program and will perform CERS submittal reviews and compliance inspections.
Butte County Fire Department
26. Construction, installation, or development of buildings and/or roads, driveways, gates, and
bridges on parcels/lots shall comply with the current adopted California Building Standard
Codes and current Butte County Improvement Standards, whichever is stricter.
27. 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
28. 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 Foothill Boulevard shall be provided.
29. The gate shall be placed a minimum of 30 feet from the edge of the traveled way and shall
be located outside the County right of way.
30. Coverage under the stormwater Construction General Permit (CGP) will be required by
the State Water Resources Control Board if the project results in ground disturbance,
including clearing, excavation, filling, and grading of one or more acres or disturbs less
than one acre but is part of a larger common plan or development that disturbs more than
one acre in total. Coverage under this General Permit must be obtained from the State
Water Resources Control Board prior to starting construction. If coverage under the CGP
is required, engineering plans shall show the Waste Discharge Identification (WDID)
number on the title sheet of the plans and a copy of Storm Water Pollution Prevention
Plan (SWPPP) shall be provided to the Land Development Division of the Public Works
Department. Submit with improvement or grading plans the estimated areas to be
disturbed to the Department of Public Works for consistency with the SWPPP.
31. Show all easements of record on the site improvement plans.
III. APPLICANT ACCEPTANCE AND ACKNOWLEDGEMENT OF CONDITIONS OF APPROVAL:
I hereby declare under penalty of perjury that I have read the preceding conditions, that they
are in fact the conditions imposed upon the granting of this Use Permit, and that I agree to
abide fully by said conditions.
Date:__________________ ______________________________________________
Applicant