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HomeMy WebLinkAboutUP23-0010 SIGNED CONDITIONAL USE PERMITCONDITIONAL USE PERMIT BUTTE COUNTY PLANNING COMMISSION August 22, 2024 DATE OF APPROVAL: UP23-0010 PERMIT NO. 030-110-081 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: Harmoni Towers, would construct a new unmanned wireless communications monopole, 80’ in height with six (6) 8-foot antennas attached, and one remote radio unit. The project includes (2) ground mounted radio cabinets on a reinforced concrete pad; a fiber vault and a multimeter utility service mounted on an H-frame within a 50’ X 50’ lease area contained within a 6-foot high chain link fence with a 12- foot wide access gate. A new 25 kW generator and 240-gallon diesel fuel tank will be installed in a 5’ X 10’ raised concrete pad. All pervious area would be covered with gravel over a weed barrier. The site would be accessed from 16th Street via an existing unpaved access driveway along the eastern side of the property. The facility will be un-staffed, and once in operation will generate approximately one vehicle trip per quarter for routine maintenance and inspections. Per the noise study, the generator would be tested for approximately 15 minutes per week. The project is proposed for construction in late 2024. This will be part of an existing wireless network, but no other incremental activity is associated with this application. Up to two additional carriers could co-locate on the monopole. Future colocation by other carriers will occur as dictated by carrier needs, and those projects would occur under future permits from the County. I. GENERAL REQUIREMENTS, CONDITIONS, AND RESTRICTIONS: 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. 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. 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. 2. 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. 3. 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. 4. No advertising or commercial display is permitted on the telecommunication facility. 5. There shall be no outdoor vehicle or equipment storage except for emergency purposes. 6. 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. 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 regulation unless the controlling agency mandates a more stringent compliance schedule. 8. 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. 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’s health, safety, or 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. 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. 12. Equipment shelters within the lease area shall be screened from public view and secured at all times to prevent access by the public. 13. 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. 14. 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. 15. 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). 16. Prior to issuance of the Use Permit, pay any outstanding project-related processing fees. Butte County Department of Public Health, Environmental Health Division 17. Submit a Hazardous Materials Business Plan (HMBP) to California Environmental Reporting System (CERS) if storing hazardous materials in above threshold quantities. Butte County Fire Department 18. All construction and development must be in accordance with current adopted Board of Forestry Fire Safe Regulations, Butte County Improvement Standards, California Fire Codes, and the California Building Standards Codes. 19. 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 20. Prior to issuance of improvement permits, obtain an encroachment permit, submit road and drainage improvement plans to the Public Works Department, and improve the existing road approach at 16th Street and Grand Avenue as specified in County Improvement Standard S-18A and the terms of the encroachment permit. 21. 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. 22. The access and utility easements shall be submitted to the Public Works Department and fire agency for review and approval of width and turnaround requirements prior to recording. 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. 23. Show all easements of record on the site improvement plans. Butte County Airport Land Commission 24. Prior to approval of the building permit for the communication facility, record as a separate instrument an Avigation Easement granting the right of continued use of the airspace above the proposed parcel by the Oroville Municipal Airport and acknowledging any land and all existing or potential airport operational impacts. The final form and content of said easement shall be consistent with Section 3.7.5(c.) of the Butte County Airport Land Use Compatibility Plan and to the satisfaction of the City of Oroville. The Copies of the avigation easement, upon recordation, shall be provided to the Butte County Department of Development Services, Planning Division. Page 5 of 5 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