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HomeMy WebLinkAbout24-107•o•ae°naaaa° •�•.'�� S U P"k� 0 0o Q ; •' o°o BOARD OF SUPERVISORS �* '• ' *' COUNTY OF BUTTE, STATE OF CALIFORNIA °•.�'•G'p�jN'te°�° Resolution No. 24-107 A RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS APPROVING THE APPEAL OF THE BUTTE COUNTY PLANNING COMMISSION'S DENIAL AND APPROVING CONDITIONAL USE PERMIT UP23-0007 (ASSURANCE DEVELOPMENT) WHEREAS, Assurance Development (Applicant) has applied for a conditional use permit to construct a new unmanned wireless telecommunication facility in the RR-5 (Rural Residential, 5-acre minimum) zone. The proposed facility has a 100-ft tall monopole (designed to appear as a pine tree) 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' (1,600 sq. ft.) lease area surrounded by a 6-foot high chain link fence. A new electrical transformer would be installed on a 50 X 52-inch concrete pad. The project is located at 4825 Foothill Boulevard, approximately 4.8 miles southeast of the City of Oroville (Assessor Parcel Number: 072-140-058); and WHEREAS, Butte County is considered a Lead Agency under the California Environmental Quality Act (CEQA) for this Project and has determined that a Mitigated Negative Declaration was necessary to fully review and mitigate all the potentially significant impacts for the Project; and WHEREAS, the Planning Commission held duly noticed Public Hearings regarding the proposed Mitigated Negative Declaration and Conditional Use Permit on March 28, 2024, April 25, 2024, and June 27, 2024, at which time any and all comments received during the public hearing process were reviewed; and WHEREAS, after consideration of all the facts presented at the public hearing including the Initial Study/Mitigated Negative Declaration, staff reports, and all written and verbal public testimony, the Planning Commission denied the Project on June 27, 2024, with a 3-2 vote, finding that the project would contribute unreasonable impacts to the viewshed, character, and nature of adjacent land uses; and WHEREAS, the Applicant subsequently appealed the Planning Commission's denial of the Project to the Board of Supervisors pursuant to the County Code provisions; and WHEREAS, the Board of Supervisors held a duly noticed public hearing on the appeal on July 30, 2024, at which time the Board fully considered the Planning Commission's resolution and findings for the denial of the Project, the Draft Initial Study and Mitigated Negative Declaration, Planning staff reports, all public testimony, and the totality of the public record for the Project and the appeal letter. NOW, THEREFORE, BE IT RESOLVED, that the Butte County Board of Supervisors hereby takes the following actions: Adopts the Negative Declaration with the following findings: A. The Initial Study was completed in compliance with the California Environmental Quality Act. Said Study identified that the project will not have a significant impact on the environment; B. The Board of Supervisors has considered the Negative Declaration, together with comments received during the review process. C. On the basis of the whole record before the Board of Supervisors, including the environmental document and any comments received, there is no substantial evidence that the Conditional Use Permit for Assurance Development, Planning Division File No. UP23-0007, with conditions here attached, would not have a significant effect on the environment. The custodian of the record is the Department of Development Services. The location of the record is 7 County Center Drive, Oroville, CA 95965. D. The Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. II. Finds that collection of fees pursuant to Fish and Game 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 Project will not be operative, vested, or final, and any local permits issued for the Project will be invalid (BCC sec. 711.4 (c)(3)). III. Approves Conditional Use Permit UP23-0007, subject to the conditions in Exhibit "A" and the following findings, identified in Butte County Code sections 24-222 and 24-182: BCC sec. 24-222 A. The proposed use is allowed in the applicable zone. Telecommunications facilities are permissible in the Rural Residential zone with the approval of a Conditional Use Permit, in accordance with Butte County Code section 24-179 et al. (Telecommunication Facilities Ordinance). The Project meets all other applicable development standards specified under BCC sections 24- 181, 24-18Z and 24-183. 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. The location, size, and design of the Project are compatible with the surroundings and will not result in any significant impact on the viewshed, character, or nature of the adjacent land uses because the Project is bounded by existing trees and orchard lands to the west and north, existing trees and residential development to the east, and existing trees and Foothill Boulevard to the south. The monopine design helps to blend in with the adjacent trees and minimize visual impacts. The revised project's location is 80 ft. to the north/northeast of the previously proposed location, and 125 ft. from the shared property line between the subject property and 4747 Foothill Boulevard. Additionally, the revised location moves the tower further from Foothill Boulevard, reducing visual impacts from the public right-of-way. C. The proposed use will not be detrimental to the public health, safety, and welfare of the County. Measures were taken to ensure the granting of the conditional use permit under the conditions imposed will comply with all applicable building and improvement regulations and will not be detrimental to the health, safety, and welfare of the general public. Applicable State and local agencies and departments, including the Public Works Department, Environmental Health Division of the Department of Public Health, Building and Butte County Fire, were provided an opportunity to review the Project's revised location and provide necessary conditions to address any public health, safety, and welfare concerns. D. The proposed use is properly located within the county and adequately served by existing or planned services and infrastructure. The project site is served by existing power transmission and road infrastructure to meet the needs of the proposed development. A new encroachment onto Foothill Boulevard for direct access to the facility is proposed. Additional infrastructural improvements, including those related to wastewater and domestic water, are not required to operate the facility. 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. The project site has physical characteristics capable of accommodating the proposed use consistent with County requirements. The site would be accessed via Foothill Boulevard and a new 20 foot wide access easement, with internal connections proposed to an existing unpaved road system. Required property setbacks are met by the proposed facility. BCC sec. 24-182 (B)(4) A. No feasible alternative site exists. The applicant has provided alternative site analysis indicating the selected property was the only feasible location for such a development. This analysis is included within the official record on page 92. 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. The applicant has provided coverage analysis indicating development on the subject property would close the gap in coverage with consideration to county regulations. This analysis is included within the official record on page 96. PASSED AND ADOPTED by the Butte County Board of Supervisors this 30th day of July, 2024 by the following vote: AYES: Supervisors Connelly, Durfee and Chair Kimmelshue NOES: Supervisor Ritter ABSENT: Supervisor Teeter ABSTAIN: None rift Tod KimmelsNu , Chair Butte County Board of Supervisors ATTEST: Andy Pickett, Chief Administrative Officer �le of the Board of Supervisors, By: ---V— (161 Deputy EXHIBIT A CONDITIONAL USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE OF APPROVAL: UP23-0007 PERMIT NO. 072-140-058 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: Construction and operation of a wireless communications facility. The facility includes a 100-ft tall monopole with twelve (12) 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. A new electrical transformer would be installed on a 50 X 52-inch concrete pad. 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 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 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