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HomeMy WebLinkAboutPROJ-25-0004 Minor Use Permit Approved 12-17-25T-Mobile Wireless Communications Co-Location Facility Minor Use Permit Application (PROJ-25-0004) APN 073-310-002 1 MINOR USE PERMIT BUTTE COUNTY ZONING ADMINISTRATOR DATE PROJ-25-0004 PERMIT NO. 073-310-002 ASSESSOR’S PARCEL NO. A Minor Use Permit to install a co-location on and related ground equipment next to an existing wireless telecommunications co-location facility per BCC sec. 24-184(C). T- Mobile proposes to co-locate six antennas at approximately 180 feet heigh antenna centerline on the existing 202 feet and four inch tall South Feather Water & Power Agency lattice tower. A six-foot-high chain-link fence with 2 five-foot-high access gates would enclose a 10ft x15ft lease area/ concrete pad with two cabinets and related equipment. An ice bridge would run from atop the southern portion of the pad to the existing tower. Conduit would run via a proposed 5 foot wide utility easement from the least area in a north east direction from the property to a nearby overhead utility pole with transformer within the county owned public right of way. Access to the site will be made via the existing north eastern gravel driveway off of Forbestown Road. The unmanned facility will provide coverage 24 hours a day, 7 days a week. 1.Failure to comply with the conditions specified herein as the basis for approval of this Use Permit constitutes cause for the revocation of said permit in accordance with the procedures set forth in the Butte County Code (BCC), Chapter 24, Article 34, Section 24-251 Permit Revocation or 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 Minor Use Permit must be established within 24 months of the delivery of the countersigned permit to the Permittee, or as provided by BCC Chapter 24, Article 34, Section 24-247 Time Limits and Extensions. 3.Minor changes as provided by BCC Chapter 24, Article 34, Section 24-26 C, may be approved administratively by the Zoning Administrator upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 12/17/2025 T-Mobile Wireless Communications Co-Location Facility Minor Use Permit Application (PROJ-25-0004) APN 073-310-002 2 4. If any use for which a Use Permit has been granted is not established within two years of the date of receipt of the countersigned permit by the Permittee, the permit shall become null and void and reapplication and a new permit shall be required to establish the use. 5. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 6. Terms of Approval (BCC Chapter 24, Article 26, Section 24-186) a. A permit granted under this article becomes invalid if an operator of a telecommunication facility ceases to operate the facility under the terms of this article or under the specific conditions of approval for the facility. If the facility becomes non-compliant, the owner shall cease to operate the facility and remove it from its location within 90 days of being informed that the permit has become invalid. CONDITIONS OF APPROVAL 1. Butte County Planning Division a. The installation of co-location facilities requires the issuance of a building permit from the Building Division. The Building Division, based upon engineered calculations submitted by the applicant, may determine that the wireless telecommunications facility cannot safely physically support the requested co-location facility. If this is the case, the colocation facility allowed on the wireless telecommunications facility shall only be commensurate with what can be safely physically supported by the wireless communications facility, as determined by the Building Division. b. All equipment shelters, cabinets, or structures utilized or built in connection with the facilities shall be located within the building being utilized for the facility or on the ground outside of any setback area. c. The antennas and array shall be painted to match the color of the existing antennas and pole or tower. d. Additional facilities shall not extend out horizontally from the pole more than the widest existing projection. The use of proximity designs is encouraged. e. Environmental Health has given clearance for the Hazardous Materials Plan. f. If project-related activities are scheduled between February 1 to August 31 (the typical nesting season), a focused survey for nests shall be conducted by a qualified biologist within three (3) calendar days prior to the beginning of project-related activities. The qualified biologist shall survey a minimum radius of 500-feet for migratory birds and 1/2-mile for raptors around the project area. The results of the survey shall be provided to Butte County upon completion. If no active nests are found, project activities may proceed as scheduled. T-Mobile Wireless Communications Co-Location Facility Minor Use Permit Application (PROJ-25-0004) APN 073-310-002 3 i. Active Nests. If an active nest is found, active nests should be avoided, and a no disturbance buffer shall be determined and established by the qualified biologist. The buffer shall be kept in place until after the nesting season or until the qualified biologist confirms the young have fledged, are foraging independently, and the nest is no longer active for the season. The extent of these buffers shall be determined by the qualified biologist and will depend on the species present, the level of noise or construction disturbance, line of sight between the nest and the disturbance, ambient levels of noise and other disturbances, and other topographical or artificial barriers. ii. Project Delay. If a lapse in project-related work of seven (7) calendar days or longer occurs, the qualified biologist shall complete another focused survey before project work can be reinitiated. iii. CEQA requires that information developed in environmental impact reports and negative declarations be incorporated into a database which may be used to make subsequent or supplemental environmental determinations (Pub. Resources Code, § 21003, subd. (e).) Accordingly, please report any special-status species and natural communities detected during Project surveys to the California Natural Diversity Database (CNDDB). The CNNDB field survey form can be found at the following link: https://www.wildlife.ca.gov/Data/CNDDB/Submitting-Data. The completed form can be submitted online or mailed electronically to CNDDB at the following email address: CNDDB@wildlife.ca.gov. 2. Butte County Fire Department a. 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. b. Disposal of Flammable Vegetation, Job Site Waste, and Fuels: Disposal, including chipping, burning, or removal to a landfill site approved by the local jurisdiction, of flammable vegetation, job site waste and fuels caused by site development and construction, road, and driveway construction, and fuel modification shall be completed prior to completion of road construction or final inspection of a building permit. 3. Butte County Environmental Health Department a. Maintain minimum 5ft setback from septic system. 4. Butte County Building Division a. A building permit will be required prior to construction. Plans signed and stamped by a CA RDP will be required.