HomeMy WebLinkAbout02_UP13-0007_SBA Communications 2014-03-27
■ Butte County PLANNING COMMISSION AGENDA REPORT ■
■ March 27, 2014 ■ SBA Communications (c/o Tom Johnson) - UP13-0007 Agenda Report ■ Page 1 of 18 ■
BUTTE COUNTY PLANNING COMMISSION
AGENDA REPORT – March 27, 2014
Applicant: SBA Communications (c/o Tom
Johnson)
Location: The parcel is located on the
west side of Cherokee Road,
approximately 1.47 miles
south of Highway 70, at
4220 Cherokee Road, in the
community of Cherokee,
north of Oroville.
Owner: Jack & Polly McWherter Trust
File #: UP13-0007
Request: A Conditional Use Permit for the
development of a 90-foot tall,
multi-carrier (up to 48 panel
antennas), monopole wireless
communication tower. The first
sector of antennas shall be
located at 85-feet, and then
subsequent sets of antennas
(colocations) will be placed at
every 10 feet separation, down to
55 feet. Also proposed are 24
remote radio units, surge
suppressor, ground related
enclosures and equipment and
back-up generator within the
fenced, 3,300 square foot area.
Supervisor
District:
1
Planner: Mark Michelena
Attachments:
A: Resolution with Use Permit
and Conditions of Approval
(Exhibit A)
B: Zoning and Vicinity
Exhibits
G.P.: FR (Foothill Residential) C: Initial Study/Mitigated
Negative Declaration (with
Studies)
Zoning: FR-20 (Foothill Residential – 20
acre minimum)
D: Architectural Control
Agreement
Zone Date: December 10, 2012 E: Photo Simulations
APN: 041-070-046 F: Site Plan
Parcel Size: 23.84 acres (portion)
Project Size: 3,300 SF
EXECUTIVE SUMMARY:
SBA Communication is requesting approval of a Conditional Use Permit for the development of a
90-foot tall, multi-carrier (up to 48 panel antennas), monopole wireless communication tower.
The first sector of antennas will be located at 85-feet, and then subsequent sets of antennas
(colocations) will be placed at every 10 feet separation, down to 55 feet. Also proposed are 24
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remote radio units, surge suppressor, ground related enclosures and equipment and back-up
generator within the fenced, 3,300 square foot area.
Staff recommends adoption of the attached resolution, adopting the Mitigated Negative Declaration
pursuant to the California Environmental Quality Act (CEQA), and approving Use Permit UP13-
0007 with findings and conditions.
PROJECT DESCRIPTION:
The applicant requests a Conditional Use Permit for the development of a 90-foot tall, multi-
carrier (up to 48 panel antennas), monopole wireless communication tower. The first sector
of antennas will be located at 85-feet, and then subsequent sets of antennas (colocations) will
be placed at every 10 feet separation, down to 55 feet. Also proposed are 24 remote radio
units, surge suppressor, ground related enclosures and equipment and back-up generator
within the fenced, 3,300 square foot area.
Access to the project site will be a dirt access road.
The facility will be enclosed with 8-foot high chain-link security fencing with 3 strands of
barbwire at the top.
No water or wastewater facilities are proposed.
SITE CHARACTERISTICS:
The 23.84-acre project site is developed with two residential dwellings and accessory
structures, located in the northern portion of the parcel.
The project parcel includes blue oaks, pines, scrub oak, manzanita and scrub brush. The
project site area includes disturbed grass land with surrounding scrub oaks, manzanita, pines
and scrub brush.
The parcel has access off of Cherokee Road.
The project parcel is located approximately six miles north of the City of Oroville.
The project site location has an approximate elevation of 1,365 feet above sea level and
generally level.
The proposed lease area is identified as flood zone “X.”
The site is not located within an earthquake fault zone or an airport land use compatibility
zone.
The site is not located within an earthquake fault zone or an airport land use compatibility
zone.
There are no streams or creeks on site.
ANALYSIS:
Zoning Consistency
The project parcel is zoned FR-20 (Foothill Residential 20-acre minimum).
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Wireless Communication Facilities are regulated by Article 26 of the Butte County Code.
The purpose (Section 24-176) of these requirements are to:
A. Allow reasonable opportunities for wireless communication providers to provide such
services to the community in a safe effective and efficient manner.
B. Encourage the location of new monopoles, towers and antennas in non-residential areas,
thereby discouraging the need for such facilities in residential areas.
C. Minimize the total number of antennas through the county.
D. Encourage co-location of facilities at appropriate new and existing monopoles, towers
and antenna sites.
E. Encourage wireless communication providers to locate new monopoles, towers and
antennas in areas that minimize adverse impact on agricultural and air navigation.
F. Require wireless communication providers to design and configure wireless
communication facilities in a way that minimizes visual impacts.
The applicant has indicated the project area is presently underserved by their cellular
coverage. Their cellular communications operates in the UHF, or ultra-high-frequency
portion of the radio spectrum. In each of the segments the electromagnetic spectrum the RF
signals travel in a “line-of-sight” manner. They do not travel long distances by bending to
follow the curvature of the Earth, or by bouncing off of the ionosphere, such as commercial
AM or shortwave radio signals do. Therefore, they are subject to being interfered with, or
blocked by any number of terrestrial objects, from trees and hills to man-made structures
such as buildings and concrete and steel roadway bridges and overpasses.
The height of the tower will also provide an opportunity for up to three additional carriers to
collocate on the tower, reducing the need for additional towers in the project area.
The following section highlights Section 24-181, General Requirements for
Telecommunication Facilities:
A. Setbacks.
1. Generally, new telecommunication facilities shall be located on a parcel so that the
distance from the base of facility to the parcel boundary is equal to or greater than the
height of the facility. (Reduced setbacks are allowed in the agriculture zones and non-
residential zones with conditions specified in 24-181 A.2 to A.4.)
The monopole (90 feet) meets the necessary setback requirements from the property
lines. Setbacks from the property lines, meeting or exceeding the height of the tower
are: North – 400+ feet; South – 1,000+ feet; East – 560+ feet; and West - 310+
feet.
B. Height.
1. The maximum height for telecommunication facilities in all zones shall be 100 feet,
except in Commercial and Industrial zones where it shall be 150 feet. Section 24-
181B.1 specifies that the review authority may approve additional height based on
justifiable need.
The height of the tower, 90 feet, meets the requirement.
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Section 24-183 (Standards for Types of Facilities):
C. Monopoles or Towers.
1. New monopoles or towers proposed in or within 1,000 feet of agriculture and
residential zones require written notice, in a manner approved by the Zoning
Administrator, to be given to owners of parcels located within a minimum radius of
1,000 feet of the parcel on which the proposed monopole or tower will be located.
Staff provided written notice to all property owners and tenants (with mail delivery to
their residential address) within one-half mile (2,640 feet) of the project parcel.
2. Monopoles or towers in agricultural or residential zones shall not exceed 30 feet in
height except when:
a. No feasible alternative site exists;
b. A denial would constitute a prohibition on the provision of the affected wireless
communication service in violation of federal or State law.
See response above under discussion in Section 24-181 B, above.
General Plan Consistency
The project parcel is designated as Foothill Residential by the General Plan.
The project was reviewed for consistency with the policies of the General Plan.
COS-P13.3 The County shall utilize the Zoning Ordinance to require review of all
proposed development projects within the Military Operations Areas (MOA) shown in
Figure LU-5.
The project site is located in a Military Airspace Overlay Zone (MA Overlay) within the
500-foot tall Military Operations review area. The project was sent to the U.S. Navy
NAVFACSW Intergovernmental Branch AM-3 for review and it was determined the tower
would not have any impacts to military overflight areas.
COS-P17.2 Ridgeline development near scenic resources shall be limited via the
adoption of specific design guidelines in order to minimize visual impacts.
The project site, while not on a ridgeline, is on a high point in Cherokee. The tower will
be visible from State Highway 70, at distances of approximately ½ mile to one mile. The
tower will be visible only at certain points as terrain and trees will provide screening at
other points.
COS-P18.3 The County shall require utility companies to choose the least conspicuous
locations for distribution lines, so as to avoid impacts to scenic corridors where there is
reasonable choice.
The project site is not located along a designated state scenic-highway, but State
Highway 70 is listed as an eligible state scenic highway between State Highway 149 and
the County line. Although the tower will be visible from certain points along State
Highway, they are for short segments and most of the time, blocked by trees or terrain.
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Criteria for Granting a Conditional Use Permit
The criteria for granting a conditional use permit for the 130-foot tall tower and ground
equipment derive both from the generally criteria for granting all use permits (BCC section 24-
222) as well as the specific criteria for Monopole Facilities (BCC section 24-183 C 1 & 2).
BCC Section 24-222 Findings:
A. The proposed use is allowed in the applicable zone.
The project is zoned FR-20 (Foothill 20-acre minimum). The Foothill Residential
Zone identifies new towers or poles as requiring a conditional use permit.
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.
Wireless communication monopoles can present a negative aesthetic impact due to
their high visibility and metal construction; however, the proposed monopole is
approximately 825 feet from the nearest off-site residence. Moreover, the lease area
on a parcel with a mix of vegetation, including pines, oaks and other ground cover
that will provide a screening of the ground equipment and most of the tower. Based
on these distances, location proposed is not expected to result in a significant impact
to scenic vistas and to the area’s visual aesthetics.
The project parcel is located within the historic Town of Cherokee. The project
parcel is subject to an Architectural Control Agreement, recorded in 1986, between
the Cherokee Heritage & Museum Association, Inc. and the land owner at the time,
Spring Valley Minerals, Inc. This agreement is still in effect and requires
development follow the pioneer architectural styles of the settlement during the circa
1880 period.
Staff spoke with, and circulated the project information, to the president of the
Association. They commented that a stealth-like tower (“monopine”), might be a
better fit for the area, than a standard monopole design. Discussion did include that
the architectural styles were meant for construction along, and visible from,
Cherokee Road. As noted, the ground equipment and majority of the tower will not
be visible from Cherokee Road.
C. The proposed use will not be detrimental to the public health, safety, and welfare of
the County.
People living near the proposed communications facility have the potential to be
exposed to radio-frequency (RF) emissions from the antennas mounted on the
monopole. The nearest off-site residential dwelling is approximately 825 feet from
the proposed monopole.
Wireless communication systems emit non-ionizing, electromagnetic energy. The
perceived health risk of this emission has been identified as a potential public health
and safety issue. However, no studies to date have demonstrated a specific
correlation between wireless communication facilities and health problems. The
actual use of radio frequency transmission requires only a small amount of energy,
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making mobile phone technology one of the most efficient forms of communication
available. Unlike television and radio transmitters which broadcast at full power all
the time, a mobile phone site is designed to control its output so that it provides the
appropriate signal strength required to handle the number of calls being made at that
moment. Therefore, if no calls are being made at any one moment, the cell site is
virtually shut down. The antennas are designed to transmit most of the signal away
horizontally, or just below the horizontal, rather than at steep angles to the ground.
Wireless communication systems are, by design and operation, low-power devices.
Even under maximum exposure conditions, in which all channels are operating at full
power, public exposure to radio frequency emissions from a wireless facility will
typically be less than 3 microwatts per centimeter squared (µW/cm2). This exposure
is more than 1,200 times lower than the current American National Standards
Institute (ANSI) and the National Council on Radiation Protection and Measurement
(NCRP) report public exposure standards. The current ANSI and NCRP maximum
allowable exposures are also set at levels 50 times higher than the majority of the
scientific community believes may pose a health risk to human populations.
The proposed communications facility is proposed to utilize a diesel powered
generator for emergency backup power. The storage of diesel on the project site
requires that the applicant complete a “Hazardous Materials Release Response
Plan” pursuant to Chapter 6.95 of the California Health and Safety Code and is
regulated by the Butte County Environmental Health Division. With the submittal
and implementation of the Hazardous Materials Release Response Plan the project is
not expected to create any hazardous conditions or emissions.
The proposed communications facility will also have large batteries within the
equipment cabinets. Such batteries are typically classified as non-hazardous
material for transportation. The use of these batteries on the project site is not
expected to create any hazardous materials or emissions. The Butte County
Environmental Health Division requires that the applicant complete a “Hazardous
Materials Release Response Plan” pursuant to Chapter 6.95 of the California Health
and Safety Code.
D. The proposed use is properly located within the County and adequately served by
existing or planned services and infrastructure.
Implementation of the project would not require domestic water or wastewater
treatment, or solid waste facilities. It would not be in conflict with any statutes or
regulations relating to solid waste, nor would it employ equipment that would
introduce interference into any system.
The project would not increase the level of demand for fire protection service needed
on the site because wireless communications facilities do not normally require such
services.
The proposal would not result in an increase in demand for school facilities in the
area. The project would not result in any impacts to area parks and facilities.
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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 is located in a rural area with residential and undeveloped parcels.
The overall size of the project, approximately 3,300 square feet on the 23.84 acres
parcel, encompasses approximately 0.3% of the project parcel.
The project, with project conditions, complies with the required findings to approve a use
permit.
Land Use
The project would not result in a significant increase in air emissions, fugitive dust
emissions, light, noise, or vehicle traffic.
Only a minor amount of construction activity would be required to install the
proposed tower and ground related equipment.
The project site is not located within an Airport Compatibility Zone.
Agency Review
The project application materials were circulated to, Environmental Health, Public
Works/Land Development, Agricultural Commissioner, Cal Fire/Butte County Fire,
Assessor’s Office and NAVFACSW Intergovernmental Branch AM-3. Public Works
and the Agricultural Commissioner included conditions.
Other
The project parcel is located in an area under an Architectural Control Agreement
(County Document No. 86-37796) between the Cherokee Heritage & Museum
Association, Inc. and Spring Valley Minerals, Inc. This agreement was entered into
on October 17, 1986. The following requirement applies to the current owner of the
project parcel.
- All construction along the existing paved road (Cherokee Road) will replicate the
pioneer architectural styles of the settlement during the circa 1880 period. This
affects facades and side walls which may be seen from Cherokee Road.
The proposed communication facility ground equipment is not visible from
Cherokee Road. Only a small portion of the tower itself is visible from the access
drive off of Cherokee Road. Due to existing vegetation, the tower is well screened
from view from Cherokee Road.
Staff spoke with, and circulated the project information, to the president of the
Association. They commented that a stealth-like tower (“monopine”), might be a
better fit for the area, than a standard monopole design. Discussion did include
that the architectural styles were meant for construction along, and visible from,
Cherokee Road. As noted, the ground equipment and majority of the tower will
not be visible from Cherokee Road.
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Staff was contacted by The Native American Heritage Commission regarding the
proposed tower. The supplied a current list of the Native Tribes so they could
provide comments. Information was sent and staff did not hear back prior to
completion of the staff report.
A mitigation measure is included that would addresses if development activities
reveal the presence of cultural resources (i.e., artifact concentrations, including
arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural
remains; human skeletal remains).
ENVIRONMENTAL REVIEW:
In compliance with Section 15073(a), the Initial Study/Mitigated Negative Declaration
(IS/MND), application, and reference documents for this project were placed on file for public
review and comment for a twenty day period starting February 24, 2014 through March 25,
2014. Notices regarding the 30-day review period were mailed to landowners near the project
site, and a notice was placed in the Chico Enterprise Record. Pursuant to California Public
Resources Code Section 15073(d), the Department of Development Services determined that this
project is not a project where one or more state agencies would be a “responsible” or a “trustee”
agency or would exercise jurisdiction by law over natural resources affected by the project.
Therefore, this project is not of statewide, regional, or areawide environmental significance.
The Initial Study prepared for this project determined there may be potential environmental
impacts to the following areas:
Air Quality
Cultural Resources
The initial study, which is attached to this agenda report, recommended two mitigation measures
to reduce environmental impacts to a less than significant level. The 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 Game 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)).
PUBLIC COMMENTS:
Staff did not receive any public comments prior to completion of the agenda report.
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RESOLUTION PC14 - ___
A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING
CONDITIONAL USE PERMIT UP13-0007
WHEREAS, the Planning Commission has considered Use Permit UP13-0007 for SBA
Communications (c/o Tom Johnson), in accordance with Chapter 24, Article 31, Use Permits and
Minor Use Permits, of the Butte County Code on Assessor’s Parcel Number 0041-070-046; and
WHEREAS, the Planning Commission has considered an Initial Study and Mitigated
Negative Declaration in accordance with the California Environmental Quality Act (CEQA); and
WHEREAS, said Use Permit was referred to various affected public and private agencies,
County departments, and referral agencies for review and comments; and
WHEREAS, a duly noticed public hearing was held on March 27, 2014; and
WHEREAS, the Planning Commission has considered public comments and a report
from the Planning Division.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission:
I. Adopts a Mitigated Negative Declaration with the following findings:
A. An Initial Study was completed in compliance with the California
Environmental Quality Act. Said study identified no significant
environmental effects with implementation of Butte County Code, Chapter 24,
Article 25, Supplemental Use Regulations, and Article 24 Land Use
Compatibility Standards.
B. The Planning Commission has considered the Mitigated Negative Declaration,
together with comments received during the review process.
C. On the basis of the whole record before the Planning Commission, including
the Initial Study and any comments received, there is no substantial evidence
that the Conditional Use Permit, Planning Division File No. UP13-0007,
would have a significant effect on the environment.
D. The Mitigated Negative Declaration reflects the independent judgment and
analysis of the County, which is the Lead Agency.
E. The custodian of the record is the Department of Development Services. The
location of the record is 7 County Center Drive, Oroville CA 95965.
II. Finds that based on a review of the project as proposed, the Department of Fish
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 Game that the project is exempt from the fee requirement. If a required fee is
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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)).
III. Makes the following Use Permit findings:
A. The proposed use is allowed in the applicable zone.
The project is zoned FR-20 (Foothill 20-acre minimum). The Foothill
Residential Zone identifies new towers or poles as requiring a conditional use
permit.
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.
Wireless communication monopoles can present a negative aesthetic impact
due to their high visibility and metal construction; however, the proposed
monopole is approximately 825 feet from the nearest off-site residence.
Moreover, the lease area on a parcel with a mix of vegetation, including
pines, oaks and other ground cover that will provide a screening of the
ground equipment and most of the tower.. Based on these distances, location
proposed is not expected to result in a significant impact to scenic vistas and
to the area’s visual aesthetics.
The project parcel is located within the historic Town of Cherokee. The
project parcel is subject to an Architectural Control Agreement, recorded in
1986, between the Cherokee Heritage & Museum Association, Inc. and the
land owner at the time, Spring Valley Minerals, Inc. This agreement is still in
effect and requires development follow the pioneer architectural styles of the
settlement during the circa 1880 period.
Staff spoke with, and circulated the project information, to the president of the
Association. They commented that a stealth-like tower (“monopine”), might
be a better fit for the area, than a standard monopole design. Discussion did
include that the architectural styles were meant for construction along, and
visible from, Cherokee Road. As noted, the ground equipment and majority of
the tower will not be visible from Cherokee Road.
C. The proposed use will not be detrimental to the public health, safety, and
welfare of the County.
People living near the proposed communications facility have the potential to
be exposed to radio-frequency (RF) emissions from the antennas mounted on
the monopole. The nearest off-site residential dwelling is approximately 825
feet from the proposed monopole.
Wireless communication systems emit non-ionizing, electromagnetic energy.
The perceived health risk of this emission has been identified as a potential
public health and safety issue. However, no studies to date have
demonstrated a specific correlation between wireless communication facilities
and health problems. The actual use of radio frequency transmission requires
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only a small amount of energy, making mobile phone technology one of the
most efficient forms of communication available. Unlike television and radio
transmitters which broadcast at full power all the time, a mobile phone site is
designed to control its output so that it provides the appropriate signal
strength required to handle the number of calls being made at that moment.
Therefore, if no calls are being made at any one moment, the cell site is
virtually shut down. The antennas are designed to transmit most of the signal
away horizontally, or just below the horizontal, rather than at steep angles to
the ground.
Wireless communication systems are, by design and operation, low-power
devices. Even under maximum exposure conditions, in which all channels are
operating at full power, public exposure to radio frequency emissions from a
wireless facility will typically be less than 3 microwatts per centimeter
squared (µW/cm2). This exposure is more than 1,200 times lower than the
current American National Standards Institute (ANSI) and the National
Council on Radiation Protection and Measurement (NCRP) report public
exposure standards. The current ANSI and NCRP maximum allowable
exposures are also set at levels 50 times higher than the majority of the
scientific community believes may pose a health risk to human populations.
The proposed communications facility is proposed to utilize a diesel powered
generator for emergency backup power. The storage of diesel on the project
site requires that the applicant complete a “Hazardous Materials Release
Response Plan” pursuant to Chapter 6.95 of the California Health and Safety
Code and is regulated by the Butte County Environmental Health Division.
With the submittal and implementation of the Hazardous Materials Release
Response Plan” the project is not expected to create any hazardous
conditions or emissions.
The proposed communications facility will also have large batteries within the
equipment cabinets. Such batteries are typically classified as non-hazardous
material for transportation. The use of these batteries on the project site is
not expected to create any hazardous materials or emissions. The Butte
County Environmental Health Division requires that the applicant complete a
“Hazardous Materials Release Response Plan pursuant to Chapter 6.95 of the
California Health and Safety Code.
D. The proposed use is properly located within the County and adequately served
by existing or planned services and infrastructure.
Implementation of the project would not require domestic water or
wastewater treatment, or solid waste facilities. It would not be in conflict
with any statutes or regulations relating to solid waste, nor would it employ
equipment that would introduce interference into any system.
The project would not increase the level of demand for fire protection service
needed on the site because wireless communications facilities do not
normally require such services.
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The proposal would not result in an increase in demand for school facilities
in the area. The project would not result in any impacts to area parks and
facilities.
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 is located in a rural area with residential and undeveloped
parcels. The overall size of the project, approximately 3,300 square feet on
the 23.84 acres parcel, encompasses approximately 0.3% of the project
parcel.
F. Based on the above findings, the proposed location, size, design, and
operating characteristics of the proposed use and the conditions under which it
would be operated or maintained would not be detrimental to the public
health, safety, or welfare, or injurious to properties or improvements in the
vicinity.
IV. The project is consistent with the following Telecommunication Facilities
Standards and Requirements:
A. Setbacks.
1. Generally, new telecommunication facilities shall be located on a parcel so
that the distance from the base of facility to the parcel boundary is equal to
or greater than the height of the facility.(Reduced setbacks are allowed in
the agriculture zones and non-residential zones with conditions specified
in 24-181 A.2 to A.4.)
The monopole (90 feet) meets the necessary setback requirements from the
property lines. Setbacks from the property lines, meeting or exceeding the
height of the tower are: North – 400+ feet; South – 1,000+ feet; East –
560+ feet; and West - 310+ feet.
B. Height.
1. The maximum height for telecommunication facilities in all zones shall be
100 feet, except in Commercial and Industrial zones where it shall be 150
feet. Section 24-181B.1 specifies that the review authority may approve
additional height based on justifiable need.
The height of the tower, 90 feet, meets the requirement.
C. Monopoles or Towers.
1. New monopoles or towers proposed in or within 1,000 feet of agriculture
and residential zones require written notice, in a manner approved by the
Zoning Administrator, to be given to owners of parcels located within a
minimum radius of 1,000 feet of the parcel on which the proposed
monopole or tower will be located.
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Staff notified all parcels and tenants within 2,640 feet of the project
parcel.
2. Monopoles or towers in agricultural or residential zones shall not exceed
30 feet in height except when:
a. No feasible alternative site exists;
b. A denial would constitute a prohibition on the provision of the affected
wireless communication service in violation of federal or State law.
See findings under IV B above.
V. The project is consistent with the following General Plan Policies:
COS-P13.3 The County shall utilize the Zoning Ordinance to require review of
all proposed development projects within the Military Operations Areas (MOA)
shown in Figure LU-5.
The project site is located in a Military Airspace Overlay Zone (MA Overlay)
within the 500-foot tall Military Operations review area. The project was sent to
the U.S. Navy NAVFACSW Intergovernmental Branch AM-3 for review and it was
determined the tower would not have any impacts to military overflight areas.
COS-P17.2 Ridgeline development near scenic resources shall be limited via
the adoption of specific design guidelines in order to minimize visual impacts.
The project site, while not on a ridgeline, is on a high point in Cherokee. The
tower will be visible from State Highway 70, at distances of approximately ½ mile
to one mile. The tower will be visible only at certain points as terrain and trees
will provide screening at other points.
COS-P18.3 The County shall require utility companies to choose the least
conspicuous locations for distribution lines, so as to avoid impacts to scenic
corridors where there is reasonable choice.
The project site is not located along a designated state scenic-highway, but State
Highway 70 is listed as an eligible state scenic highway between State Highway
149 and the County line. Although the tower will be visible from certain points
along State Highway, they are for short segments and most of the time, blocked by
trees or terrain.
VI. Approves Conditional Use Permit UP13-0007 for SBA Communications, subject
to the findings and conditions in Exhibit “A”
A. The proposed use will comply with each of the applicable provisions of Butte
County Code Chapter 24, Article 24 Land Use Compatibility Standards;
Article 25 Supplemental Use Regulations; Article 31, Telecommunication
Facilities; and Article 31, Conditional Use Permits. Conditions of approval
have been applied to this project pursuant to the applicable requirements of
Butte County Code Chapter 24. The project is in accord with the purposes of
the FR-20 (Foothill Residential 20-acre minimum) and the Butte County
General Plan designation of Agriculture.
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DULY PASSED AND ADOPTED this 27th day of March, 2014, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Chuck Nelson, Chair
Planning Commission
County of Butte, State of California
ATTEST:
_____________________________
Kim McMillan, Secretary
Planning Commission
County of Butte, State of California
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EXHIBIT A
USE PERMIT
BUTTE COUNTY PLANNING COMMISSION
DATE: (Certified Mail Rec.)
UP13-0007
PERMIT NO.
041-070-046
ASSESSOR’S PARCEL NO.
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special
conditions set forth below: SBA Communications is hereby granted a Conditional Use Permit for
the development of a 90-foot tall, multi-carrier (up to 48 panel antennas), monopole wireless
communication tower. The first sector of antennas shall be located at 85-feet, and then
subsequent sets of antennas (colocations) will be placed at every 10 feet separation, down to 55
feet. Also proposed are 24 remote radio units, one surge suppressor, ground related enclosures
and equipment and back-up generator within the fenced, 3,300 square foot area.
l. 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, Chapter 24, Article 34, Section 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 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 247 Time Limits and Extensions.
3. Minor changes as provided by BCC Chapter 24, Article 34, Section 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.
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.
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6. Terms of Approval (BCC Chapter 24, Article 26, Section 24-185)
A. Permits for telecommunication facilities issued under this article shall be valid 10
years, unless this term is changed through the permitting process.
B. 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.
C. All permits for telecommunication facilities, regardless of the method by which
they were originally issued, may be extended administratively by the Zoning
Administrator upon verification of the permit-holder’s continued compliance with
the findings and conditions of approval under which the application was
originally approved. The Zoning Administrator may require a public hearing for
renewal of a Conditional Use Permit for a telecommunication facility.
D. As part of the permit renewal process, the Zoning Administrator may require
submittal of a certification by a licensed professional that the facility is being
operated in accordance with all applicable FCC standards for RF emissions.
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Conditions of Approval:
Planning Division
1. Mitigation Measure #1:
Dust generated by the development activities shall be kept to a minimum with a goal of
retaining dust on the site. Follow the dust control measures listed below:
a. Water shall be applied by means of truck(s), hoses, and/or sprinklers as needed prior
to any land clearing or earth movement to minimize dust emissions.
b. Haul vehicles transporting soil into or out of the property shall be covered.
c. A water truck shall be on site at all times during development activities. Water shall
be applied to disturbed areas a minimum of two (2) times per day or more as
necessary.
d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads.
e. Post a publicly visible sign with the telephone number and person to contact
regarding dust complaints. This person shall respond and take corrective action
within 24 hours. The telephone number of the Butte County Air Quality Management
District shall be visible to ensure compliance with BCAQMD Rule 200 & 205
(Nuisance and Fugitive Dust Emissions).
f. All visibly dry disturbed soil surface areas of operation shall be watered to minimize
dust emissions.
g. Existing roads and street adjacent to the project shall be cleaned at least once per day
if dirt or mud from the project site has been tracked onto these roadways, unless
conditions warrant a greater frequency.
Plan Requirements: The note shall be placed on all building and site development
plans.
Timing: Requirements of the condition shall be adhered to throughout all grading and
construction periods.
Monitoring: Department of Development Services shall ensure that this note is placed
on all building and site development plans. Building inspectors shall spot check and shall
ensure compliance on-site. Butte County Air Quality Management District inspectors
shall respond to nuisance complaints.
2. Mitigation Measure #2: Should development activities reveal the presence of cultural
resources (i.e., artifact concentrations, including arrowheads and other stone tools or
chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work
within 50 feet of the find shall cease immediately until a qualified professional
archaeologist can be consulted to evaluate the resource and implement appropriate
mitigation procedures. Should human skeletal remains be encountered, State law
requires immediate notification of the County Coroner. Should the County Coroner
determine that such remains are in an archaeological context, the Native American
Heritage Commission in Sacramento shall be notified immediately, pursuant to State law,
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to arrange for Native American participation in determining the disposition of such
remains.
Plan Requirements: This note shall be placed on all building and site development
plans.
Timing: This measure shall be implemented during all site development activities.
Monitoring: The applicant/developer shall notify the Planning Division if any cultural
resources are uncovered. Should cultural resources be discovered, the Planning Division
shall coordinate with the developer and appropriate authorities to avoid damage to
cultural resources and determine appropriate action.
3. The telecommunication facilities shall comply with the applicable requirements under
Butte County Code Sections 24-181, 24-182, 24-186 and 24-187.
Public Works
4. Prior to constructing facilities into, under, over, above, or upon any public street in the
unincorporated area of the county, obtain a utility permit from the Butte County Public
Works Department. Submittal of improvement plans for review and approval by the
Public Works Department may be required depending on the facilities proposed.
Environmental Heath
5. If required, submit a Hazardous Material Release Response Plan to Butte County
Environmental Health per Chapter 6.95 of the California Health and Safety Code.
Processing Fees
6. Prior to issuance of the Conditional Use Permit, pay any outstanding project-related
processing fees.
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 Conditional Use Permit, and
that I agree to abide fully by said conditions.
Date: ______________________ ________________________________________________
Applicant
NOTE: Issuance of this Minor Use Permit does not waive requirement of obtaining Building
and Health Division permits before starting construction, nor does it waive any other
requirements.
cc: Land Development Division
Building Division
Environmental Health Division
Butte County Fire Department/CDF
Assessor’s Office
18
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Applicant: SBA Communications File/Project: UP13-0007
Owner: Jack & Polly McWherter Trust APN: 041-070-046
Meeting Date: March 27, 2014 Zoning: FR-20 (Foothille Residential 20-acre minimum)
Supervisorial
District #1
BUTTE COUNTY PLANNING COMMISSION
Request: A Conditional Use Permit for the development of a 90-foot tall, multi-carrier (up to 48 panel antennas),
monopole wireless communication tower. Also proposed are 24 remote radio units, surge suppressor, ground related
enclosures and equipment and back-up generator within the fenced, 3,300 square foot area.
:
0 750 1,500 2,250 3,000375
Feet
Legend
Zoning 2030
Agricultural Zones
Agriculture - 20
Agriculture - 40
Agriculture - 160
Agriculture Services
Residential Zones
Foothill Residential - 20 (up to 1 du/20 ac)
Foothill Residential - 40 (up to 1 du/40 ac)
Commercial and Mixed Use Zones
Community Commercial
Special Purpose Zones
Public
Facility Location
191919
¬«70
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Nelson Ave
Neal Rd
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Oro Quincy Hwy
Paradise
Oroville
Project Site Location
202020
Project Name: Conditional Use Permit UP13-0007 for SBA Communications
■ Butte County Department of Development Services ■
■ Initial Study – SBA Communications c/o Tom Johnson, UP13-0007 ■ Page 1 of 35 ■
DEVELOPMENT SERVICES
DEPARTMENT
BUTTE COUNTY
INITIAL STUDY AND
PROPOSED MITIGATED NEGATIVE DECLARATION
FOR
UP13-0007 (SBA Communications c/o Tom Johnson)
212121
Project Name: Conditional Use Permit UP13-0007 for SBA Communications
■ Butte County Department of Development Services ■
■ Initial Study – SBA Communications c/o Tom Johnson, UP13-0007 ■ Page 2 of 35 ■
COUNTY OF BUTTE
DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY & PROPOSED MITIGATED NEGATIVE DECLARATION FOR CONDITIONAL USE PERMIT UP13-0007
(SBA Communications c/o Tom Johnson)
1.0 PROJECT INFORMATION
A. Applicant/Owner: SBA Communications c/o Tom Johnson/McWherter, Jack & Polly
B. Staff Contact: Mark Michelena, Senior Planner (530) 538-7376, mmichelena@buttecounty.net
C. Project Name: N/A
D. Project Location: 4220 Cherokee Road, north of Oroville. The parcel is located on the west side of Cherokee Road, approximately 1.3 miles south of Highway 17, in the community of Cherokee. The entrance to the parcel is located approximately 1.47 miles south of Highway 70.
E. Type of Application: Conditional Use Permit
F. Assessor’s Parcel Number: 041-070-046
G. Project Parcel Size: 23.84 acres Lease area size: 3,300 square feet (SF) exclusive of easements
H. Zoning: FR-20 (Foothill Residential 20-ac)
I. General Plan Designation: Foothill Residential
J. Environmental Setting: The 23.84-acre project site is developed with an existing residence and accessory structures, located northeast of the proposed communication tower location. The project parcel includes
blue oaks, pines, scrub oak, manzanita, scrub brush and other brush., The project site area includes disturbed grass land with surrounding scrub oak trees, manzanita and scrub brush. The monopole and
ground equipment are proposed to be located within a 3,300 square foot lease area in the northern portion of the parcel. Additional easements are proposed from the lease area to adjacent roads.
The project parcel is located approximately six miles north of the City of Oroville. The project site location has an approximate elevation of 1,365 feet above sea level and generally level. The proposed lease area is identified as flood zone “X.” The site is not located within an earthquake fault zone or an airport land use compatibility zone.
K. Surrounding Land Uses:
Direction General Plan Designation Zoning Existing Land Use(s) North Foothill Residential (FR) FR-40 residential & undeveloped East FR/Retail and Office/Agriculture FR-20/CC/AG-160 residential & undeveloped
South FR FR-20 residential & undeveloped West Agriculture AG-20 undeveloped
L. Project Description: The applicant is requesting a Conditional Use Permit for the development of a 90-foot tall, multi-carrier (up to 48 panel antennas), monopole wireless communication tower. The first sector
of antennas shall be located at 85-feet, and then subsequent sets of antennas (colocations) will be placed at every 10 feet separation, down to 55 feet. Also proposed are 24 remote radio units, one surge suppressor, ground related enclosures and equipment and back-up generator within the fenced, 3,300 square foot area. Access to the site will be via existing dirt roads on the parcel.
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3.0 POTENTIALLY SIGNIFICANT EFFECTS CHECKLIST SETTING
A. Environmental Factors Potentially Affected:
The environmental factors checked below could be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages.
[ ] 4.1 Aesthetics [ ] 4.2 Agriculture Resources [X] 4.3 Air Quality
[X] 4.4 Biological Resources [X] 4.5 Cultural Resources [ ] 4.6 Geologic Processes [ ] 4.7 Hazards/Hazardous Material [ ] 4.8 Hydrology/Water Quality [ ] 4.9 Land Use
[ ] 4.10 Mineral Resources [ ] 4.11 Noise [ ] 4.12 Housing [ ] 4.13 Public Services [ ] 4.14 Recreation [ ] 4.15 Transportation/Traffic
[ ] 4.16 Utilities/Service Systems [X] 4.17 Mandatory Findings of Significance
4.0 ENVIRONMENTAL IMPACTS:
4.1 AESTHETIC/VISUAL RESOURCES:
Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact No Impact
Reviewed Under Previous Document
a. Have a substantial adverse effect on a scenic vista? X
b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic
buildings within a state scenic highway? X
c. Substantially degrade the existing visual character or quality of the site and its surroundings? X
d. Create a new source of substantial light or glare which would adversely affect day or nighttime views
in the area?
X
Impact Discussion:
The project site is located on the west side of Cherokee Road and south and east of State Highway 70, on a rural residential parcel. The tower will be located in the northwest portion of the parcel. The project parcel includes
numerous blue oaks and other trees that will screen the ground equipment and most of the tower.
The project site is not located along a designated state scenic-highway, but State Highway 70 is listed as an eligible state scenic highway between State Highway 149 and the county line. Although the tower will be visible from certain points along State Highway 70 (see Appendix A photo simulation exhibits at the back of the document), they
are for short segments and most of the time, blocked by trees or terrain.
The top of the tower would be 90 feet above ground level. Nine panel antennas are proposed to be centered at the
85-foot level. Additional antenna arrays are proposed at the 75-foot, 65-foot and 55-foot levels Related equipment includes a prefabricated equipment shelter (192 square feet) and a back-up diesel generator on a 6-foot x 13-foot concrete pad within a 3,300 square foot facility footprint.
An 8-foot tall chain link fence with barb wire would surround the 3,300 square foot lease area. Communication
cables running from the facility to the existing PG&E power poles will be underground within the existing disturbed area for the access road.
The nearest off-site residential dwellings from the proposed communication tower are approximately as follows:
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■ Butte County Department of Development Services ■
■ Initial Study – SBA Communications c/o Tom Johnson, UP13-0007 ■ Page 6 of 35 ■
Distance (feet) Direction Address Land Use
825 ft. E 4233 Cherokee Road Residence
1,060 ft. S 4314 Cherokee Road Residence
1,240 ft. NE 4190 Cherokee Road Residence
The applicant supplied photo simulations of the proposed monopole tower as seen from different locations in the
project area. Please see Appendix A to this study.
Wireless communication towers can present a negative aesthetic impact due to their high visibility and metal construction. The project site area is relatively level with views in all directions. As noted in the table above, the closes offsite residence is located approximately 825 feet to the east. The tower is proposed to be located on this
area to provide additional coverage in an area that carriers have a coverage gap. While there are other parcel in the surrounding areas that could locate the tower, the visual impacts are reduced based on the size of the project parcel and the existing vegetation on the site.. Based on these distances, location proposed is not expected to result in a
significant impact to scenic vistas and to the area’s visual aesthetics for the purpose of CEQA.
(d.) Less Than Significant Impact. The tower is not required or proposed to be lit. If the communication facility operators decide to provide security light for the ground equipment, they will be required to be in compliance with
Butte County Code Article 14, Outdoor Lighting, which requires lighting to be shielded, and directed such that no
direct light falls outside the property line.
Mitigation Measure: None required.
4.2 AGRICULTURE RESOURCES:
Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
Reviewed Under Previous Document
a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural use?
X
b. Conflict with existing zoning for agricultural use, or a Williamson Act Contract? X
c. Involve other changes in the existing environment
which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? X
Impact Discussion:
(a.) No Impact. The project site is zoned FR-20 (Foothill Residential 20-acre minimum). The FR-20 zone allows wireless communications facilities with approval of a Conditional Use Permit pursuant to Butte County Code
Article 26, Section 24-179 (Table 24-179-1). The project site is designated as Foothill Residential, with surrounding land uses agricultural uses (grazing) and rural residential uses.
The site does not include any agricultural uses. The site is designated as “Grazing Land” in the Farmland Mapping and Monitoring Program (FMMP).
(b.) No Impact. Neither the project parcel nor surrounding parcels are subject to a Williamson Act Contract. The parcel to the west is zoned AG-20 and at best is used for seasonal grazing. The proposed tower, which is
unmanned, will not impact, or be impacted by seasonal grazing. The proposed tower will be located approximately 380 feet from the agriculturally zoned parcel.
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■ Initial Study – SBA Communications c/o Tom Johnson, UP13-0007 ■ Page 7 of 35 ■
(c.) No Impact. The project site does not have any agricultural uses. The small area proposed for the
telecommunication facility (3,300 square feet) will not impact the parcel for future agricultural uses.
Mitigation Measure: None required.
4.3 AIR QUALITY:
Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact No Impact
Reviewed Under Previous Document
a. Conflict with or obstruct implementation of the applicable air quality plan? X
b. Violate any air quality standard or contribute
substantially to an existing or projected air quality violation? X
c. Result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)?
X
d. Expose sensitive receptors to substantial pollutant concentrations? X
e. Create objectionable odors affecting a substantial
number of people? X
Impact Discussion:
Both the California Air Resources Board and the Environmental Protection Agency have established air pollution
standards in an effort to protect human health and welfare. Geographic areas are designated “attainment” if these standards are met and “nonattainment” if they are not met. In addition, each agency has several levels of
classifications based on severity of the problem. Butte County and all northern Sacramento Valley Air Districts have been designated as “moderate” nonattainment areas for the state standards for ozone (O3) and fine particulate
matter (PM10). Currently, Butte County is in attainment for all the (less stringent) federal air quality standards.
One emergency, diesel-powered generator is proposed to be installed at the proposed communications facility. The
Generator is for emergency use only, therefore the project would not create on-going emissions.
(a.)(b.)(c.)(d.)(e.) Less Than Significant Impact with Mitigation Incorporated. Construction activities, a source of
organic gas emissions, will be limited to the monopole, and related ground equipment. During construction various diesel-powered vehicles and equipment would be in use. Construction diesel emissions are temporary, affecting an
area for a period of days or perhaps weeks. Additionally, construction-related sources are mobile and transient in nature. Because of its temporary duration and the limited area of disturbance, health risks from construction
emissions of diesel particulate would be less-than-significant impact. The project is not expected to create any significant amounts of fugitive dust, oxides of nitrogen, or reactive organic gases emissions.
One emergency, diesel-powered generator is proposed to be installed at the proposed communications facility. The Generator is for emergency use only, therefore the project would not create on-going emissions. The ongoing
project is not expected to generate any significant amounts of fugitive dust because the only soil disturbance would be some very minor excavation for the concrete slabs that the equipment cabinets, ground cables and electrical
service.
Construction dust would affect local air quality at various times during construction of the proposed project. The
dry, windy climate of the area during the summer months creates a high potential for dust generation when and if underlying soils are exposed. Clearing, grading and earthmoving activities have a high potential to general dust
whenever soil moisture is low and particularly when the wind is blowing.
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The effects of construction activities would be increased dustfall and locally elevated levels of particulates
downwind of construction activity. Construction dust has the potential to create a nuisance at nearby properties or at
previously completed portions of the proposed project. In addition to nuisance effects, excess dustfall can increase maintenance and cleaning requirements and could adversely affect sensitive electronic devices.
Due to its limited construction and operational scope, the project would not conflict with or obstruct implementation
of the applicable air quality plan.
Negligible amounts of emissions would be generated by construction equipment during site development activities, because of the limited amount of construction equipment and time needed to install the extension, antennas, and
equipment cabinets.
The limited scope of the project’s construction and operational phases will have no impact upon any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard.
The project may create fugitive dust emission during site development activities, such as grading, excavation for trenching and utilities, and other soil work. The Butte County Air Quality Management District (BCAQMD) recommends incorporating measures to control fugitive dust emission for all road and other construction activities
during project development, using such methods as site and driveway watering and/or use of other acceptable soil palliatives. BCAQMD-recommended measures to control dust are found in Mitigation Measure #1.
Mitigation Measure #1: Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Follow the dust control measures listed below:
a. Water shall be applied by means of truck(s), hoses, and/or sprinklers as needed prior to any land clearing or
earth movement to minimize dust emissions.
b. Haul vehicles transporting soil into or out of the property shall be covered.
c. A water truck shall be on site at all times during development activities. Water shall be applied to disturbed
areas a minimum of two (2) times per day or more as necessary.
d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads.
e. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air
Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive Dust Emissions).
f. All visibly dry disturbed soil surface areas of operation shall be watered to minimize dust emissions.
g. Existing roads and street adjacent to the project shall be cleaned at least once per day if dirt or mud from the project site has been tracked onto these roadways, unless conditions warrant a greater frequency.
Plan Requirements: The note shall be placed on all building and site development plans.
Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods.
Monitoring: Department of Development Services shall ensure that this note is placed on all building and site
development plans. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air
Quality Management District inspectors shall respond to nuisance complaints.
4.4 BIOLOGICAL RESOURCES:
Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact No Impact
Reviewed Under Previous Document
a. Have a substantial adverse effect, either directly or
through habitat modifications, on any species X
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■ Initial Study – SBA Communications c/o Tom Johnson, UP13-0007 ■ Page 9 of 35 ■
Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
Reviewed Under Previous Document
identified as a candidate, sensitive, or special status species in local or regional plans, policies, or
regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?
b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community
identified in local or regional plans, policies, and regulations or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
X
c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 or the
Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal,
filling, hydrological interruption, or other means)?
X
d. Interfere substantially with the movement of any
native resident or migratory fish and wildlife species or with established native resident or migratory
wildlife corridors, or impede the use of native wildlife nursery sites?
X
e. Conflict with any local policies or ordinances
protecting biological resources such as a tree preservation policy ordinance? X
f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat conservation plan?
X
g. A reduction in the numbers, a restriction in the range,
or an impact to the critical habitat of any unique, rare, threatened, or endangered species of animals? X
h. A reduction in the diversity or numbers of animals onsite (including mammals, birds, reptiles,
amphibians, fish or invertebrates)? X
i. A deterioration of existing fish or wildlife habitat (for foraging, breeding, roosting, nesting, etc.)? X
j. Introduction of barriers to movement of any resident or migratory fish or wildlife species? X
k. Introduction of any factors (light, fencing, noise,
human presence and/or domestic animals) which could hinder the normal activities of wildlife? X
Impact Discussion:
The 23.84-acre project site is developed with two residential dwellings and accessory structures, located in the northern portion of the parcel. The rest of the property appears to be undisturbed, except for existing dirt roads and
power lines. The project parcel includes blue oaks, pines, scrub oak, manzanita, scrub brush and other brush. The project site area includes disturbed grass land with surrounding scrub oak trees, manzanita, pines and scrub brush.
Many species of plants and animals within the State of California have low populations, limited distributions, or both. Such species may be considered “rare” and are vulnerable to extirpation as the state’s human population
grows and the habitats these species occupy are converted to agricultural and urban uses. A sizable number of
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■ Initial Study – SBA Communications c/o Tom Johnson, UP13-0007 ■ Page 10 of 35 ■
native species and animals have been formally designated as threatened or endangered under State and Federal
endangered species legislation. Others have been designated as “Candidates” for such listing; still others have been
designated as “Species of Special Concern” by the California Department of Fish and Game (CDFG). The California Native Plant Society (CNPS) has developed its own set of lists of native plants considered rare, threatened or endangered. Collectively, these plants and animals are referred to as “special status species.”
(a.)(b.)(c.)(d.) Less Than Significant Impact. The California Natural Diversity Database (CNDDB Rarefind 3, Government Version) was reviewed to determine if any special status animal species or habitats occur on the project site or in the project area. Due to the small size of the lease area (3,300 s.f.), site investigation special status plant species
were not considered to be potentially present within the lease area. The CNDDB identified the following plants were identified within one mile of the project site. No animal species were listed within one mile of the project site.
Based on the overgrowth of manzanita, scrub oak, scrub brush and scattered pines on the proposed project site area,
the project would not have an impact on either of the identified CNDDB species within one mile of the project site.
The project site is located on the fringes of the Sacramento Valley, which is habitat for Swainson’s hawk (Buteo swainsoni). The Swainson’s hawk is a State-listed Threatened species (California Department of Fish and Game, State and Federally Listed Endangered, Threatened, and Rare Animals of California, January 2005). The CNDDB
shows that the nearest known Swainson’s hawk nesting site is located within 13.43 miles to the southwest of the project site (near the Butte Creek).
The Swainson’s hawk is a State-listed Threatened species (California Department of Fish and Game, State and Federally Listed Endangered, Threatened, and Rare Plants of California, January 2005). According to the
CNDDB, the nearest Swainson’s hawk nest is located 13.4 miles to the west of the project site. The Department of Fish and Game has identified that a Swainson’s hawk’s foraging habitat is generally within five miles of the nest.
Preferred foraging habitats for Swainson's hawks include: alfalfa, fallow fields, low-growing row or field crops, dry-land and irrigated pasture, rice land (during the non-flooded period), and cereal grain crops (including corn after
harvest). The project site is not within five miles of the nearest identified Swainson’s hawks nest, and the site is not foraging habitat.
(The following information was obtained from a letter by Jamie Rappaport Clark, Director, United States Department of Interior, Fish and Wildlife Service, dated September 14, 2000, subject line: “Service Guidance on
the Siting, Construction, Operation and Decommissioning of Communications Towers.” This letter can be found at: http://migratorybirds.fws.gov/issues/towers/comtow.html).
The construction of new communication tower creates a potentially significant impact on migratory birds, especially some 350 species of night-migrating birds. Communications towers are estimated to kill 4-5 million
birds per year, which violates the spirit and the intent of the Migratory Bird Treaty Act (MBTA) and the Code of Federal Regulations at Part 50 designed to implement the MBTA. Some of the species affected are also
protected under the Endangered Species Act and Bald and Golden Eagle Act. Interim guidelines were developed by Fish and Wildlife Service personnel from research conducted in several eastern, midwestern, and
southern states, and have been refined through Regional review. They are based on the best information available at this time, and are the most prudent and effective measures for avoiding bird strikes at monopoles.
Some of the guidelines are:
• New facilities should be collocated on existing towers or other existing structures.
• Towers should be less than 200 feet above ground level
• Towers should be freestanding (i.e., no guy wires)
• Towers and attendant facilities should be sited, designed and constructed so as to avoid or minimize habitat loss within and adjacent to the monopole “footprint”.
• New towers should be designed structurally and electrically to accommodate the applicant/licensee’s
antennas and antennas for at least two additional users (minimum of three users for each monopole structure.
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• Security lighting for on-ground facilities and equipment should be down-shielded to keep light within the
boundaries of the site.
• Monopoles no longer in use or determined to be obsolete should be removed within 12 months of cessation of use.
The project is consistent with the U.S. Fish and Wildlife Service interim guidelines because the proposed 130-foot monopole is less than 200 feet in height and no guy wires are necessary. The footprint of the proposed lease area
would not encroach onto any environmentally sensitive habitat.
The project site area does not include any waterways and due to the heavy overgrowth of manzanita and scrub
brush, the area does not include any wetlands or vernal pools.
Given the relatively small area of the project site, the project is not anticipated to have any impacts to special status
species or to general wildlife number or migratory corridors.
(e.)(g.)(h.)(i)(j) Less Than Significant Impact. The project parcel is developed with two residential dwellings and
accessory structures. The project proposes very minimal changes to the existing site. A small area of scrub oaks, manzanita, scrub brush and one pine tree will be removed to allow for the communication tower and related ground
equipment. The project would not conflict with any local policies or ordinances protecting biological resources.
(f.) Less Than Significant Impact. This project site are is located right on the edge of the Butte Regional
Conservation Plan (BRCP) coordinated by the Butte County Association of Governments. The area is identified as Mixed Oak Woodland. Vegetation in the project site area includes disturbed grass land with surrounding scrub oak
trees, manzanita, pines and scrub brush. The proposal would not conflict with the adoption of the future BRCP, local policies or ordinances protecting biological resources, or other approved local, regional, or state habitat conservation plan.
(k.) Less Than Significant Impact. All exterior lights on the project site are required to be fully shielded and
directed downward. The 3,300 square foot leased area containing ground equipment will fenced for security reasons, but is small enough so as not to inhibit migratory patterns or normal wildlife activities.
Mitigation Measure: None required.
4.5 CULTURAL RESOURCES:
Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
Reviewed Under Previous Document
a. Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? X
b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? X
c. Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature? X
d. Disturb any human remains, including those interred
outside of formal cemeteries? X
Impact Discussion:
(a.)(b.)(c.)(d.) Less Than Significant Impact with Mitigation Incorporated. Cultural resources include prehistoric and historic period archaeological sites; historical features, such as rock walls, water ditches and flumes,
and cemeteries; and architectural features. Cultural resources consist of any human-made site, object (i.e., artifact), or feature that defines and illuminates our past. According to Butte County constraints mapping, the project site is
located in an area considered to have a low archeological sensitivity. Prehistoric resources sites are found in foothill areas, areas with high bluffs, rock outcroppings, areas overlooking deer migratory corridors, or above bodies of
water. Numerous prehistoric sites have been identified in the project area and a small creek, which may have been
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utilized by Native American Indians, flows through the project site. No cultural resources structures or sites of any
type are known to be located on the subject site. All of the structures on the project site are of modern construction
and are not considered historic or unique.
Nevertheless, grading and other soil disturbance activities on the project site have the potential to uncover historic or prehistoric cultural resources. To prevent impacts to historic or prehistoric cultural resources that may be uncovered
during development activities on the project site, Mitigation Measure #2 is recommended requiring that, in the event a historic or prehistoric archaeological or paleontological resources site is discovered, all construction activity halt and the County Planning Division and a professional archaeologist be consulted to evaluate the find(s).
Mitigation Measure #2: Should development activities reveal the presence of cultural resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional
archaeologist can be consulted to evaluate the resource and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner ((530) 538-6759). Should the County Coroner determine that such remains are in an archaeological context, the Native American Heritage
Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains.
Plan Requirements: This note shall be placed on all building and site development plans.
Timing: This measure shall be implemented during all site development activities.
Monitoring: The applicant/developer shall notify the Planning Division if any cultural resources are uncovered.
Should cultural resources be discovered, the Planning Division shall coordinate with the developer and appropriate
authorities to avoid damage to cultural resources and determine appropriate action.
4.6 GEOLOGIC PROCESSES:
Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact No Impact
Reviewed Under Previous Document
a. Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or death involving:
1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other
substantial evidence of a known fault? Refer to Division of Mines and Geology Special
Publication 42. 2. Strong seismic ground shaking? 3. Seismic-related ground failure, including liquefaction?
4. Landslides?
X
X X
X
b. Result in substantial soil erosion or the loss of topsoil? X
c. Be located on a geologic unit or soil that is unstable, or
that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral
spreading, subsidence, liquefaction or collapse?
X
d. Be located on expansive soil, as defined in Table 18-1-
B of the Uniform Building Code (1994), creating substantial risks to life or property? X
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Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
Reviewed Under Previous Document
e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal
system where sewers are not available for the disposal or wastewater?
X
Impact Discussion:
(a.1) (a.2.) (a.3.) Less Than Significant Impact. The Seismic Safety Element of the Butte County General Plan indicates that all of Butte County is in Moderate Earthquake Intensity Zone VIII. The site is not within an Alquist-
Priolo Earthquake fault zone or an aftershock zone. The only known active fault in Butte County is the Cleveland Hill fault, where activity on August 1, 1975 resulted in the Oroville earthquake. This earthquake had a Richter
magnitude of 5.7 and resulted in approximately 2.2 miles of ground rupture along the western flank of Cleveland Hill. No impacts are anticipated since no rupture of a known earthquake fault exists in the project area.
Like most of central California, the site can be expected to be subjected to seismic ground shaking at some future time. Accordingly, the proposed wireless communications facility extension would be designed and installed in
accordance with International Building Code requirements. Because the project appears to be located such that the probability of significant groundshaking is low, and because any structures that are built during the course of the
project will be designed and installed in accordance with International Building Code standards for the appropriate Seismic Hazard Zone, potential geologic impacts would be.
(a.4.) Less Than Significant Impact. The Landslide Potential Map (Figure HS-4) of the Health and Safety Element of the Butte County General Plan indicates that there is a moderate potential for landslides and a moderate
potential for subsidence in this area.
(b.) Less Than Significant Impact. There is ‘moderate’ to ‘severe’ soil erosion potential for the project site,
according to Butte County General Plan Health and Safety Element (Figure HS-5). The project does not involve large amounts of soil disturbance that could result in significant soil erosion impacts. The project site area is
relatively level. The construction activities would result in a land disturbance of less than 0.075 of an acre and therefore are not expected to require a Stormwater Pollution Prevention Permit (SWPPP) from State Water
Resources Control Board prior to construction. Due to the relatively small amount of soils disturbance required for construction, erosion potential will be minimal.
(c.) Less Than Significant Impact. The Butte County Seismic Safety Element’s Maps indicates that the site has a generally low potential for liquefaction. Due to the relatively small amount of soils disturbance required for
construction, the potential for unstable soils is minimal.
(d.) Less than significant. The Health and Safety Element's Expansive Soils Map (Figure HS-6) indicates that the
project site has a low expansive soil potential. The project would be required to comply with applicable portions of the International Building Code as adopted by Butte County, which would offset potential impacts resulting from
expansive soils.
(e.) No impact. The project does not require the use of septic systems.
Mitigation Measure: None required.
4.7 GREENHOUSE GAS EMISSIONS:
Would the proposal:
Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
Reviewed Under Previous Document
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Would the proposal:
Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
Reviewed Under Previous Document
a. Generate greenhouse gas emissions, either directly or
indirectly, that may have a significant impact on the environment? X
b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of
greenhouse gases? X
Impact Discussion:
Global climate change is the observed increase in the average temperature of the Earth’s atmosphere and oceans along with other significant changes in climate (such as precipitation or wind) that last for an extended period of time. The
term “global climate change” is often used interchangeably with the term “global warming,” but “global climate change” is preferred to “global warming” because it helps convey that there are other changes in addition to rising temperatures.
Global surface temperatures have risen by 0.74°C ± 0.18°C over the last 100 years (1906 to 2005). The rate of warming over the last 50 years is almost double that over the last 100 years.1 The prevailing scientific opinion on climate change
is that most of the warming observed over the last 50 years is attributable to human activities. The increased amounts of carbon dioxide (CO2) and other greenhouse gases (GHGs) are the primary causes of the human-induced component of
warming. GHGs are released by the burning of fossil fuels, land clearing, agriculture, and other activities, and lead to an increase in the greenhouse effect.2
GHGs are present in the atmosphere naturally, are released by natural sources, or are formed from secondary reactions taking place in the atmosphere. The following are the gases that are widely seen as the principal contributors to human-
induced global climate change:3
• Carbon dioxide (CO2)
• Methane (CH4)
• Nitrous oxide (N2O)
• Hydrofluorocarbons (HFCs)
• Perfluorocarbons (PFCs)
• Sulfur Hexafluoride (SF6)
Over the last 200 years, human activities have caused substantial quantities of GHGs to be released into the atmosphere. These extra emissions are increasing GHG concentrations in the atmosphere and enhancing the natural greenhouse
effect, which is believed to be causing global warming, while manmade GHGs include naturally-occurring GHGs such as CO2, methane, and N2O, some gases, such as HFCs, PFCs, and SF6 are completely new to the atmosphere.
Section 15064.4 of the CEQA Guidelines sets forth guidance for determining the significance of Impacts from Greenhouse Gas Emissions. The guidelines allow impacts from a particular project to be described quantitatively or
qualitatively and direct that impacts should be evaluated in consideration of existing environmental setting, applicable
1 Intergovernmental Panel on Climate Change (IPCC), 2007. Climate Change 2007: The Physical Science Basis. Contribution of Working Group I to the Fourth Assessment Report of the IPCC. 2 The temperature on Earth is regulated by a system commonly known as the "greenhouse effect.” Just as the glass in a greenhouse lets heat from sunlight in and reduce the amount of heat that escapes, greenhouse gases like carbon dioxide, methane, and nitrous oxide in the atmosphere keep the Earth at a relatively even temperature. Without the
greenhouse effect, the Earth would be a frozen globe; thus, although an excess of greenhouse gas results in global warming, the naturally occurring greenhouse effect is necessary to keep our planet at a comfortable temperature. 3 The greenhouse gases listed are consistent with the definition in Assembly Bill (AB) 32 (Government Code
§38505).
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thresholds of significance, and compliance with regulations and requirements adopted to implement the mitigation of
greenhouse gas emissions.
Section 15064 (h)(3)of the CEQA Guidelines specifies that a project’s contribution to a cumulative effect may be found ‘not cumulatively considerable’ if the project will comply with the requirements in a previously approved plan or mitigation program, including plans or regulations for the reduction of greenhouse gas emissions. Butte County has not
adopted a plan or mitigation program for the reduction of greenhouse gases as of the publication of this study. Likewise, it has not adopted thresholds of significance for evaluating greenhouse gas emissions. This section evaluates greenhouse gas emissions relative to the existing environmental setting and compliance with air quality regulations relative to
automobile emissions, the primary contributor to greenhouse gas emissions from the proposed project.
GHG emissions within Butte County were analyzed in the General Plan EIR. Section I, Greenhouse Gases of the Land Use Element of the 2030 General Plan, adopted on October 26, 2010, includes numerous goals and policies
related to circulation and transportation, land use development, green building design, techniques and construction,
and sustainable energy supply and energy efficiency, that help reduce GHG production within the County. Although these goals and policies reduce GHG emissions, any production of greenhouse gases contributes to the
cumulative impacts of GHG emissions. The General Plan EIR Greenhouse Gas Analysis indicated that, under the 2030 General Plan, GHG emissions would be greater than 85% of the 2006 conditions; thus, the County emissions reduction goal would not be met. Greenhouse gas impacts were therefore considered Cumulatively Significant and Unavoidable. Because of economic and social benefits of the 2030 General Plan and because feasible
mitigations for greenhouse gases did not exist, the County adopted a Statement of Overriding Considerations in 2010 (Resolution 10-150) along with the General Plan. The adopted Statement of Overriding Considerations
regarding greenhouse gas emission impacts is as follows:
F. Greenhouse Gas Emissions Impact CC-1: Implementation of General Plan 2030 would result in greenhouse gas emissions that
would contribute to cumulative greenhouse gas emissions and global climate change. The 2020 greenhouse gas forecast for the county indicates that emissions would be greater than 85 percent of current (2006)
conditions, creating a significant contribution to greenhouse gas emissions and associated climate change impacts. Policies and actions would provide a comprehensive framework for reducing greenhouse gas
emissions in the county, but they would not ensure that the County can meet the reduction goal.
Mitigation Adopted by the County: No feasible mitigation is available.
Finding: Impact CC-1 will be significant and unavoidable. The County finds that there are no feasible mitigation measures that the County could adopt at this time that would reduce the impact to less than
significant. To the extent that this adverse impact will not be substantially lessened or eliminated, the County finds that specific economic, social, and other benefits identified in the Statement of Overriding Considerations support the approval of the proposed Project. Facts and Reasoning that Support Finding. Proposed General Plan 2030 policies and actions provide a comprehensive framework for reducing greenhouse gas emissions in the county. In particular, the Climate
Action Plan requirements under Action COS-A1.1 would assist California in meeting the reduction goals for
2020 that are embodied in AB 32, and would ensure that greenhouse gas emissions in Butte County would not contribute considerably to cumulative greenhouse gas emissions and associated climate change effects. However, until the Climate Action Plan is fully developed, it cannot be assured that all measures to achieve the
needed greenhouse gas reduction are feasible. Furthermore, although Action COS-A1.1 requires that the County update the Climate Action Plan by 2020 to include reduction measures to achieve the adopted 2030 reduction goal, State action beyond 2020 is uncertain as there are no adopted State plans to achieve reductions
beyond 2020. Thus, even if the County were to achieve its stated 2030 reduction goals, given the limitations on County authority (e.g. lack of authority over vehicle emissions), greenhouse gas emissions in the county would still contribute considerably to 2030 cumulative emissions. Therefore, the proposed project would have
a significant greenhouse gas emission impact.
As part of the General Plan 2030 process, the County considered a wide range of policies and actions to reduce
greenhouse gas emissions, and all feasible measures are included. However, they do not ensure that the
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County will meet its reduction goal, so the impact is considered cumulatively significant and unavoidable. For
the social and economic reasons outlined above, there are no feasible mitigation measures to reduce this impact
to a less than significant level. (DEIR pp. 4.15-33 through 4.15-65.)
(a.)(b.) Less Than Significant Impact. The proposed project would have short term increase in traffic during construction of the wireless communication facilities. Once constructed, the facilities would be visited one or twice a
month for routine maintenance of equipment. The project would create a less than significant contribution to overall emissions and would be consistent with adopted air quality regulations. During a power outage, an onsite back-up diesel generator will be used until power is restored.
Mitigation Measure: None required
4.8 HAZARDS AND HAZARDOUS MATERIALS:
Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact No Impact
Reviewed Under Previous Document
a. Create a significant hazard to the public or the
environmental through the routine transport use, or disposal of hazardous materials? X
b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous materials into the environment?
X
c. Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one-quarter mile of an existing or proposed schools? X
d. Be located on a site which is included on a list of hazardous materials sites complied pursuant to
Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the
environment?
X
e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the project result in a safety hazard for people residing or
working in the project area?
X
f. For a project within the vicinity of a private airstrip,
would the project result in a safety hazard for people residing or working in the project area? X
g. Impair implementation of or physically interfere with an
adopted emergency response plan or emergency evacuation plan? X
h. Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including
where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands?
X
Impact Discussion:
(a.)(b.)(c.)(d.) Less Than Significant Impact. Construction activities associated with the development of the proposed project would involve the use of potentially hazardous materials, including paints, cleaning materials, vehicle fuels, oils, and transmission fluids. However, all potentially hazardous materials would be contained, stored,
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and used in accordance with manufacturers’ instructions and handled in compliance with applicable standards and
regulations.
Implementation of the proposed project would result in the development of a wireless communications facility. It is not anticipated that large quantities of hazardous materials would be permanently stored or used within the project site. Similarly, the project would not emit hazardous emissions or handle hazardous materials. Small quantities of
publicly-available hazardous materials (e.g., paint, maintenance supplies) may be routinely used within the project site for maintenance and cleaning. However, these materials would not be used in sufficient strength or quantity to create a substantial risk of fire or explosion, or otherwise pose a substantial risk to human or environmental health.
Therefore, implementation of the proposed project would not create a permanent significant hazard to the public or environment through the routine transport, use, or disposal of hazardous materials.
The proposed communications facility is proposed to utilize a generator for emergency backup power. The storage
of diesel on the project site requires that the applicant complete a “Hazardous Materials Release Response Plan”
pursuant to Chapter 6.95 of the California Health and Safety Code and is regulated by the Butte County Environmental Health Division. With the submittal and implementation of the Hazardous Materials Release
Response Plan” the project is not expected to create any hazardous conditions or emissions.
The proposed communications facility will also have large batteries within the equipment cabinets. Such batteries are typically classified as non-hazardous material for transportation. The use of these batteries on the project site is not expected to create any hazardous materials or emissions. The Butte County Environmental Health Division
requires that the applicant complete a “Hazardous Materials Release Response Plan” pursuant to Chapter 6.95 of the California Health and Safety Code.
People living near the proposed communications facility have the potential to be exposed to radio-frequency (RF) emissions from the antennas mounted on the monopole. The nearest off-site residential dwelling to the proposed communication monopole is approximately 590 feet from the proposed monopole.
Wireless communication systems emit non-ionizing, electromagnetic energy. The perceived health risk of this
emission has been identified as a potential public health and safety issue. However, no studies to date have demonstrated a specific correlation between wireless communication facilities and health problems. The actual use of radio frequency transmission requires only a small amount of energy, making mobile phone technology one of the
most efficient forms of communication available. Unlike television and radio transmitters which work at full power
all the time, a mobile phone site is designed to control its output so that it provides exactly the signal strength required to handle the number of calls being made at that moment, no more and no less. Therefore, if no calls are
being made at any one moment, the cell site will virtually shut itself down. The antennas are designed to transmit most of the signal away horizontally, or just below the horizontal, rather than at steep angles to the ground.
Wireless communication systems are, by design and operation, low-power devices. Even under maximum exposure conditions, in which all channels are operating at full power, public exposure from a wireless facility will typically
be less than 3 microwatts per centimeter squared (µW/cm2). This exposure is more than 1,200 times lower than the current American National Standards Institute (ANSI) and the National Council on Radiation Protection and
Measurement (NCRP) report public exposure standards. The current ANSI and NCRP maximum allowable exposures are set at levels 50 times higher than the majority of the scientific community believes may pose a health
risk to human populations.
(e.)(f.) No Impact. The project site is not located within an airport compatibility zones, nor will conflict the Butte
County Airport Land Use Compatibility Plan. The proposed tower location is approximately 5.8 miles southeast of the Paradise-Skypark Airport. There are no known private airstrips near the project site.
(g.) No Impact. The proposed project will not physically interfere with existing emergency evacuation plans.
(h.) No Impact. The proposed facility is located in agricultural area, not subject to wildfires. The proposed use
unmanned and will not subject additional people to risk of fire.
Mitigation Measure : None Required
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4.9 HYDROLOGY AND WATER QUALITY:
Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
Reviewed Under Previous Document
a. Violate any water quality standards or waste discharge requirements? X
b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production
rate of preexisting nearby wells would drop to a level which would not support existing land uses or planned
uses for which permits have been granted)?
X
c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course
of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site?
X
d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course
of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result
in flooding on- or off-site?
X
e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage
systems or provide substantial additional sources of polluted runoff?
X
f. Otherwise substantially degrade water quality? X
g. Place housing within a 100-year flood hazard area as mapped by Federal Flood Hazard Boundary, Flood
Insurance Rate Map, or other flood hazard delineation map?
X
h. Place within a 100-year flood hazard area structures which would impede or redirect flood flows? X
i. Expose people or structures to a significant risk or loss,
injury, or death involving flooding, including flooding as a result of the failure of a levee or dam? X
j. Inundation by seiche, tsunami, or mudflow? X
Impact Discussion:
(a.)(b.) No Impact. The project does not require the use of water and would not create any water discharges.
(c.)(d.)(e.)(f.) Less Than Significant Impact. An equipment shelter is proposed within the 3,300 s.f. lease area.
This small amount of hard surface is insignificant over the 23.84 acre site. As the project site area is relatively flat and has existing vegetation surrounding the site, the drainage pattern will not be substantially altered by placement of the equipment shelter. No wetlands, vernal pools, or riparian vegetation are located on the project site.
(g.)(h.)(i.) No Impact. The project parcel and project site are located in Flood Zone X. The site is not subject to
flooding.
(j.) No Impact. The elevation of the project site at approximately 1,365 feet above sea level and the height of the
improvements to the tower for collocation indicate that it will not be subject to inundation by seiche, tsunami, or mudflow.
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Mitigation Measures: None required.
4.10 LAND USE:
Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact No Impact
Reviewed Under Previous Document
a. Physically divide an established community? X
b. Conflict with an applicable land use plan, policy, or regulations of an agency with jurisdiction over the
project (including, but not limited to, the general plan, specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or mitigating an environmental effect?
X
c. Conflict with any applicable habitat conservation
plan or natural community conservation plan? X
Impact Discussion:
The applicant is requesting a Conditional Use Permit for the development of a 90-foot tall, multi-carrier (up to 48
panel antennas), monopole wireless communication tower. The first sector of antennas shall be located at 85-feet, and then subsequent sets of antennas (colocations) will be placed below at every 10 foot separation, down to 55 feet.
Also proposed are 24 remote radio units, one surge suppressor, ground related enclosures and equipment and back-up generator within the fenced, 3,300 square foot area. Access to the site will be via existing dirt roads on the
parcel. The project parcel is designated by the General Plan as Foothill Residential and is zoned FR-20 (Foothill Residential 20-acre minimum parcel).
The monopole exceeds the necessary setback requirements from the property lines. Setbacks from the property lines, meeting or exceeding the height of the tower are: North – 400+ feet; South – 1,000+ feet; East – 560+ feet;
and West - 310+ feet.
Utilities lines will be placed underground and tie into an existing electrical pole on site.
Once constructed and operational, the communications facility would provide 24-hour service to customers seven days a week. Apart from initial construction activity, no personnel will be stationed at the site. Routine maintenance and
inspection of the facility would occur once a month during normal business hours. No water or sewer service is required as the site would normally be unmanned.
(a.) Less Than Significant Impact. No new parcels or substantial development would result from this project. The project would not divide any established community. The tower will provide coverage in area that has gaps in
the area of service.
(b.) Less Than Significant Impact. The proposed project was reviewed for constancy with the zoning code.
Wireless Communication Facilities are regulated by Article 26 of the Butte County Code. The Purpose (Section 24-176) of the Telecommunication Facilities is to:
A. Allow reasonable opportunities for wireless communication providers to provide such services to the community in a safe effective and efficient manner.
B. Encourage the location of new monopoles, towers and antennas in non-residential areas, thereby discouraging the need for such facilities in residential areas.
C. Minimize the total number of antennas through the county. D. Encourage co-location of facilities at appropriate new and existing monopoles, towers and antenna sites.
E. Encourage wireless communication providers to locate new monopoles, towers and antennas in areas that minimize adverse impact on agricultural and air navigation.
F. Require wireless communication providers to design and configure wireless communication facilities in a way that minimizes visual impacts.
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■ Butte County Department of Development Services ■
■ Initial Study – SBA Communications c/o Tom Johnson, UP13-0007 ■ Page 20 of 35 ■
Their cellular communications operates in the UHF, or ultra-high-frequency portion of the radio spectrum.
Their cell towers in Butte County transmit in the following frequency ranges 728-746, 869-894, 1930-1990 and 2110-2155 MHz. range, and they “listen” on 698-716, 824-894, 1850-1910, and 1710-1755 MHz. which is the subscriber handset transmit range. Their new 4G LTE service which we will be launching in the market very soon operates between 728-746 and 1930-1990 MHz. on the “downlink” and 698-716 and 1850-1910 MHz. on
the “uplink”. In each of these segments of the electromagnetic spectrum the RF signals travel in a “line-of-sight” manner. They do not travel long distances by bending to follow the curvature of the Earth, or by bouncing off of the ionosphere, such as commercial AM or shortwave radio signals do. Therefore, they are subject to being interfered with, or blocked by any number of terrestrial objects, from trees and hills to man-made structures such as buildings and concrete and steel roadway bridges and overpasses.
The height of the tower will also provide an opportunity for up to three additional carriers to collocate on the
tower, reducing the need for additional towers in the project area.
Section 24-181 (General Requirements):
A. Setbacks.
1. Except when specifically allowed, allow new telecommunication facilities shall be located on a parcel so that the distance from the base of facility to the parcel boundary is equal to or greater than the height of the facility.
The monopole (90 feet) meets the necessary setback requirements from the property lines. Setbacks from the property lines, meeting or exceeding the height of the tower are: North – 400+ feet; South – 1,000+ feet; East – 560+ feet; and West - 310+ feet.
B. Height.
1. The maximum height for telecommunication facilities in all zones shall be 100 feet, except in Commercial and Industrial zones where it shall be 150 feet. The review authority may approve additional height based on justifiable need. No structures shall exceed the maximum permitted
height in areas as specified in Section 24-50. (Section 24-50 refers to Section 24-51, which refers to Section 24-51, which refers Telecommunication Facilities back to Article 26 – Telecommunication Facilities)
The height of the tower, 90 feet, meets this requirement.
Section 24-183 (Standards for Types of Facilities):
C. Monopoles or Towers.
1. New monopoles or towers proposed in or within 1,000 feet of agriculture and residential zones require written notice, in a manner approved by the Zoning Administrator, to be given to owners of parcels located within a minimum radius of 1,000 feet of the parcel on which the proposed
monopole or tower will be located.
2. Monopoles or towers in agricultural or residential zones shall not exceed 30 feet in height except when:
a. No feasible alternative site exists; b. A denial would be constitute a prohibition on the provision of the affected wireless communication service in violation of federal or State law.
See response above under discussion in Section 24-181 B.
(c.) Less Than Significant Impact. This site is located within the area for which the area of the Butte Regional Conservation Plan (BRCP) coordinated by the Butte County Association of Governments; however it is not
presently within an adopted BRCP or other approved habitat conservation plan area. The project site has been in active agricultural use (orchard) and therefore the proposed communication tower and related equipment would not conflict with the adoption of the future BRCP, local policies or ordinances protecting biological resources, or other approved local, regional, or state habitat conservation plan.
Mitigation Measure: None required.
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■ Butte County Department of Development Services ■
■ Initial Study – SBA Communications c/o Tom Johnson, UP13-0007 ■ Page 21 of 35 ■
4.11 MINERAL RESOURCES:
Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
Reviewed Under Previous Document
a. Result in the loss of availability of a known mineral resource that would be of value to the region and the
residents of the state?
X
b. Result in the loss of availability of a locally important
mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? X
Impact Discussion:
(a.)(b.) No Impact. The California Geological Survey (CGS) has not classified the project site as being located in a Mineral Resource Zone (MRZ). The proposed project would not use or extract any mineral or energy resources and would not restrict access to known mineral resource areas.
Mitigation Measure: None required.
4.12 NOISE:
Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
Reviewed Under Previous Document
a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan
or noise ordinance, or applicable standards of other agencies?
X
b. Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? X
c. A substantial permanent increase in ambient noise
levels in the project vicinity above levels existing without the project? X
d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above
levels existing without the project? X
e. For a project located within an airport land use plan or, where such a plan has not been adopted, within
two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
X
f. For a project within the vicinity of a private airstrip,
would the project expose people residing or working in the project area to excessive noise levels? X
Impact Discussion:
The project site is located in an area that consists mostly of agricultural, rural residences and vacant parcels. Union Pacific Railroad is located approximately 2,500 feet north and 3,200 feet west of the project site. Noise
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■ Butte County Department of Development Services ■
■ Initial Study – SBA Communications c/o Tom Johnson, UP13-0007 ■ Page 22 of 35 ■
levels very in the depending on the ongoing agricultural operations in the area. The proposed wireless
communications facility is unmanned and would therefore not expose people at the facility to noise levels.
(a.)(c.) No Impact. Uses associated with this project would not create a significant increase in ambient noise levels within or in proximity to the project site. On onsite emergency back-up diesel generator would provide power until normal power is restored. The use of the generator will be short term in duration and will not create
significant impacts.
(b.) No Impact. The proposed project would not include the development of land uses that would generate substantial ground-borne vibration or noise or use construction activities that would have such effects. No structures
are proposed that would require heavy footings where the use of heavy pile drivers would be required.
(d.) Less Than Significant Impact. Construction activity on the site has the potential to generate high noise levels on and adjacent to the project site intermittently during project development activities. During
construction, the highest noise levels would result from operation of heavy equipment, which can be expected to
generate noise levels of between 85 to 90 decibels (dBA) at a distance of 50 feet from the source. Noise levels will be reduced, however, by a factor of six dBA with each doubling of distance from the noise source and by
intervening topography. Construction noise activities related to the construction is temporary in nature and is not seen will not be significant, given the distance, 370 feet to the nearest residence. The General Plan Health and Safety Element policy HS-P1.7 limits noise generating construction activities located within 1,000 feet of residential uses to daytime hours between 7:00am and 6:00 pm on weekdays and non-holidays. The anticipated
noise generated by the project, construction and the back-up generator, are considered exemptions under Butte County Code Section 24-153 B. Given the distance from the nearest off-site residential structures, construction
noise is not expected to have a significant impact on nearby residence. Furthermore, any such noise disturbance would be intermittent, short-term in nature and required to be in compliance with the General Plan Health and
Safety Element policy HS-P1.7.
(e.)(f.) No Impact. The project is located more than two miles from the nearest airport or private airstrip.
Mitigation Measure: None required.
4.13 HOUSING:
Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact No Impact
Reviewed Under Previous Document
a. Induce substantial population growth in an area, either
directly (for example, by proposing new homes and businesses) or indirectly (for example, through
extension of roads or other infrastructure?
X
b. Displace substantial numbers of existing housing,
necessitating the construction of replacement housing elsewhere? X
c. Displace substantial numbers of people, necessitating
the construction of replacement housing elsewhere? X
Impact Discussion:
(a.) No Impact. The project would not affect the population of the area because no new parcels would be created
and no additional dwellings would be placed on the project site as a result of this project.
(b.)(c.) No Impact. The project would not displace individuals or housing. The project does not require the
extension of any infrastructure, such as roads, water, or sewer systems. Therefore, the project would not induce substantial population growth in the project area.
Mitigation Measure: None required.
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■ Butte County Department of Development Services ■
■ Initial Study – SBA Communications c/o Tom Johnson, UP13-0007 ■ Page 23 of 35 ■
4.14 PUBLIC SERVICES:
Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
Reviewed Under Previous Document
a. Would the project result in substantial adverse physical impacts associated with the provision of
or need for new or physically altered
governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios,
response times, or other performance objectives for any of the public services?
X
b. Fire protection? X
c. Police Protection? X
d. Schools? X
e. Parks? X
f. Other public services? X
Impact Discussion:
(a.)(b.)(c.)(d.)(e.)(f.) No Impact. The project is within the State Responsibility Area of Butte County Fire/California Department of Forestry (CalFire). The project would not increase the level of fire protection service
needed on the site because wireless communication facilities do not normally require such services.
The proposal is not expected to result in an increase in demand for police services because wireless communication
facilities do not normally require such services.
The proposal would not result in an increase in demand for school facilities in the area.
The project would not result in any impacts to area parks and facilities.
Mitigation Measure: None required.
4.15 RECREATION:
Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact No Impact
Reviewed Under Previous Document
a. Increase the use of existing neighborhood and
regional parks or other recreational facilities such that substantial physical deterioration of the facility
would occur or be accelerated?
X
b. Include recreational facilities or require the
construction or expansion of recreational facilities which might have an adverse physical effect on the
environment?
X
Impact Discussion:
(a.)(b.) No Impact. No recreational facilities are proposed under this proposal and none are located on the project site. No impacts on existing or future recreational facilities would occur.
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■ Butte County Department of Development Services ■
■ Initial Study – SBA Communications c/o Tom Johnson, UP13-0007 ■ Page 24 of 35 ■
Mitigation Measure: None required.
4.16 TRANSPORTATION/TRAFFIC:
Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact No Impact
Reviewed Under Previous Document
a. Cause an increase in traffic which is substantial in
relation to the existing traffic load and capacity of the
street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)?
X
b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion
management agency for designated roads or highways?
X
c. Result in a change in air traffic patterns, including
either an increase in traffic levels or a change in location that results in substantial safety risks? X
d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)? X
e. Result in inadequate emergency access? X
f. Result in inadequate parking capacity? X
g. Conflict with accepted policies, plans or programs
supporting alternative transportation (e.g., bus turnouts, bicycle racks)? X
Impact Discussion:
Access to the site will be on existing dirt roads. Utilities will be placed underground and tied into an existing power pole.
(a.)(b.) No Impact. Cherokee Road has moderate traffic volumes, mostly during the morning and evening peak hours. The proposed wireless communication facility would temporally generate additional vehicle traffic in the
project area during construction activities. This would be minor and would not have a significant impact on vehicular circulation in the project area. Once construction has been completed, traffic will return to pre-
construction levels. After construction activities have been completed, the project would require only one to two site visits per month. This very low number of vehicle trips would not have any impact on vehicular circulation in
the project area.
(c.) No Impact. The project site is not within any airport compatibility zone and the proposed communications
facility extension would not project into any protected airspace. Therefore, the project would not cause any changes to air traffic patterns.
(d.) No Impact. The project design does not involve any modifications to Cherokee Road, or create any additional hazards of safety concerns.
(e.) No Impact. Since the project does not involve a substantial number of vehicle trips, the project will not impact parking capacity and will not conflict with plans for alternative transportation.
Mitigation Measure: None required.
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Project Name: Conditional Use Permit UP13-0007 for SBA Communications
■ Butte County Department of Development Services ■
■ Initial Study – SBA Communications c/o Tom Johnson, UP13-0007 ■ Page 25 of 35 ■
4.17 UTILITIES AND SERVICE SYSTEMS:
Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
Reviewed Under Previous Document
a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X
b. Require or result in the construction of new water or wastewater treatment facilities or expansion of
existing facilities, the construction of which could cause significant environmental effects?
X
c. Require or result in the construction of new storm
water drainage facilities or expansion of existing facilities, the construction of which could cause
significant environmental effects?
X
d. Have sufficient water supplies available to serve
the project from existing entitlements and resources, or are new or expanded entitlements
needed?
X
e. Result in a determination by the wastewater treatment provider which serves or may serve the
project that it has adequate capacity to serve the project’s projected demand in addition to the
provider’s existing commitments?
X
f. Be served by a landfill with sufficient permitted
capacity to accommodate the project’s solid waste disposal needs? X
g. Comply with federal, state, and local statutes, and
regulations related to solid waste? X
Impact Discussion:
Access to the site will be on existing dirt roads. Utilities will be placed underground and tied into an existing power
pole.
(a.) through (g.) No Impact. Implementation of the project would not require domestic water or wastewater
treatment, or solid waste facilities. It would not be in non-compliance with any statutes or regulations relating to solid waste, nor would it employ equipment that would introduce interference into any system. Thus, the project
would have no impact on any utilities or service systems.
Mitigation Measure: None required.
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■ Butte County Department of Development Services ■
■ Initial Study – SBA Communications c/o Tom Johnson, UP13-0007 ■ Page 26 of 35 ■
4.18 MANDATORY FINDINGS OF SIGNIFICANCE (SECTION 15065):
Would the proposal: Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
Reviewed Under Previous Document
a. Have the potential to substantially degrade the
quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate
important examples of the major periods of California history or prehistory?
X
b. Have impacts that are individually limited, but
cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a
project are considerable when viewed in connection with the effects of past projects, the effects of other
current projects and the effects of probable future projects)?
X
c. Does the project have environmental effects which will cause substantial adverse effects on human
beings, either directly or indirectly? X
The project has the potential to contribute impacts that are individually limited, but cumulatively considerable with
respect to Initial Study Checklist Items 4.3 – Air Quality and 4.5 – Cultural Resources. Cumulative impacts to this area would be mitigated due to the inclusion of Mitigation Measures 1 through 6 as summarized in the following
section.
5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS:
Mitigation Measure #1: Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site.
Follow the dust control measures listed below:
a. Water shall be applied by means of truck(s), hoses, and/or sprinklers as needed prior to any land clearing or
earth movement to minimize dust emissions.
b. Haul vehicles transporting soil into or out of the property shall be covered.
c. A water truck shall be on site at all times during development activities. Water shall be applied to disturbed areas a minimum of two (2) times per day or more as necessary.
d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads.
e. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This
person shall respond and take corrective action within 24 hours. The telephone number of the Butte County Air Quality Management District shall be visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance
and Fugitive Dust Emissions).
f. All visibly dry disturbed soil surface areas of operation shall be watered to minimize dust emissions.
g. Existing roads and street adjacent to the project shall be cleaned at least once per day if dirt or mud from the project site has been tracked onto these roadways, unless conditions warrant a greater frequency.
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■ Butte County Department of Development Services ■
■ Initial Study – SBA Communications c/o Tom Johnson, UP13-0007 ■ Page 27 of 35 ■
Plan Requirements: The note shall be placed on all building and site development plans.
Timing: Requirements of the condition shall be adhered to throughout all grading and construction periods.
Monitoring: Department of Development Services shall ensure that this note is placed on all building and site development plans. Building inspectors shall spot check and shall ensure compliance on-site. Butte County Air Quality Management District inspectors shall respond to nuisance complaints.
Mitigation Measure #2: Should development activities reveal the presence of cultural resources (i.e., artifact
concentrations, including arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains;
human skeletal remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can be consulted to evaluate the resource and implement appropriate mitigation procedures. Should human skeletal remains be encountered, State law requires immediate notification of the County Coroner. Should the County
Coroner determine that such remains are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified immediately, pursuant to State law, to arrange for Native American participation in determining the disposition of such remains.
Plan Requirements: This note shall be placed on all building and site development plans.
Timing: This measure shall be implemented during all site development activities.
Monitoring: The applicant/developer shall notify the Planning Division if any cultural resources are uncovered.
Should cultural resources be discovered, the Planning Division shall coordinate with the developer and appropriate authorities to avoid damage to cultural resources and determine appropriate action.
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■ Butte County Department of Development Services ■
■ Initial Study – SBA Communications c/o Tom Johnson, UP13-0007 ■ Page 28 of 35 ■
6.0 ENVIRONMENTAL REFERENCE MATERIAL:
1. Butte County Association of Governments. Butte Regional Conservation Plan, First Administrative Draft.
Accessed May 7 2013. (available at http://www.buttehcp.com/BRCP-Documents/1st-Admin-Draft-BRCP/index.html)
2. Butte County Association of Governments. Butte Regional Transit (B-Line). 2008. Bus Basics. Available at www.blinetransit.com/. Accessed on May 7, 2013.
3. Butte County 2030 General Plan. Environmental Impact Report. Oroville, CA. April 8, 2010. (Available at http://www.buttegeneralplan.net/products/2010-08-30_FEIR/default.asp.)
4. Butte County General Plan 2030. Oroville, CA. October 26, 2010. (available at http://www.buttegeneralplan.net/products/2010-10-26_GP2030/Butte_County_General_Plan.pdf)
5. Butte County 2030 General Plan. Settings and Trends Report. Public Draft. Oroville, CA. August 2, 2007. (Available at http://www.buttegeneralplan.net/products/SettingandTrends/default.asp.)
6. Butte County. Housing Element of the Butte County General Plan (2010-2030). 2010.
7. Butte County Noise Control Ordinance (Ordinance No. 4053). Adopted on March 26, 2013. (Available at
http://www.buttecounty.net/Development%20Services/PLANNING%20DIVISION/Noise%20Ordinance.aspx)
8. Butte County Zoning Ordinance. Adopted on November 6, 2012. (Available at http://www.buttegeneralplan.net/)
9. Butte County. Resolution 10-150. Resolution of the board of supervisors of the County of Butte, state of California, making findings of fact in support of Butte County General Plan 2030 and its associated
environmental impact report, rejecting alternatives, adopting a mitigation monitoring and reporting plan, and adopting a statement of overriding considerations. Adopted October 26, 2010.
10. Butte County. Section III, Seismic and Geologic Hazards, Health and Safety Element of the Butte County General Plan (2010-2030). 2010.
11. Butte County Planning Department. Butte County GIS Data. May 2013.
12. Butte County Public Works Department. 2011 Butte County Bicycle Plan. June 14, 2011.
13. Butte County Air Quality Management District. CEQA Air Quality Handbook – Guidelines for Assessing Air Quality Impacts for Projects Subject to CEQA Review. January 2008.
14. California Air Resources Board. “ARB approves tripling of early action measures required under AB 32”. News Release 07-46. http://www.arb.ca.gov/newsrel/nr102507.htm. October 25, 2007.
15. California Air Resources Board. Climate Change Scoping Plan: a framework for change. December 2008.
16. California Air Resources Board. Expanded List of Early Action Measures to Reduce Greenhouse Gas
Emissions in California Recommended for Board Consideration. October 2007.
17. California Department of Conservation. Fault-Rupture Hazard Zones in California. Altquist-Priolo
Earthquake Fault Zoning Act with Index to Earthquake Fault Zone Maps. Special Publication 42. Interim Revision. 2007.
18. California Department of Conservation, Division of Land Resource Protection. A Guide to the Farmland Mapping and Monitoring Program. 2004.
19. Department of Toxic Substance Control. 2009. Envirostor Database. Accessed on May 7, 2013. http://www.envirostor.dtsc.ca.gov/public.
20. Institute of Transportation Engineers. Trip Generation Manual, 6th Edition – Volume 1 of 3. 1997.
21. U.S. Census Bureau. Annual Estimates of the Resident Population – 2012 Population Estimates for Butte
County, California. March 5, 2013.
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■ Butte County Department of Development Services ■
■ Initial Study – SBA Communications c/o Tom Johnson, UP13-0007 ■ Page 29 of 35 ■
22. U.S. Census Bureau. Profile of General Population and Housing Characteristics – 2010. Butte County,
California. March 5, 2013.
23. USGS Quad Maps.
24. RF Statement, Hammett & Edison, Inc, September , 2013.
25. Photo Simulations, AdvanceSim, September 2013.
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■ Butte County Department of Development Services ■
■ Initial Study – SBA Communications c/o Tom Johnson, UP13-0007 ■ Page 31 of 35 ■
Appendix A
Key Map
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Project Name: Conditional Use Permit UP13-0007 for SBA Communications
■ Butte County Department of Development Services ■
■ Initial Study – SBA Communications c/o Tom Johnson, UP13-0007 ■ Page 32 of 35 ■
View 1 – Looking west from Cherokee Road
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Project Name: Conditional Use Permit UP13-0007 for SBA Communications
■ Butte County Department of Development Services ■
■ Initial Study – SBA Communications c/o Tom Johnson, UP13-0007 ■ Page 33 of 35 ■
View 2 – Looking northwest from Cherokee Road at project parcel entrance
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■ Butte County Department of Development Services ■
■ Initial Study – SBA Communications c/o Tom Johnson, UP13-0007 ■ Page 34 of 35 ■
View 3 – Looking southeast from Highway 70
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■ Butte County Department of Development Services ■
■ Initial Study – SBA Communications c/o Tom Johnson, UP13-0007 ■ Page 35 of 35 ■
View 4 – Looking southwest from Highway 70
3
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UP13-0007
SBA Communications (c/o Tom Johnson)
90-foot tall, multi-carrier (up to 48 panel antennas),
monopole wireless communication tower. Also proposed
are 24 remote radio units, surge suppressor, ground
related enclosures and equipment and back-up generator
within the fenced, 3,300 square foot area.
6969
Project Setting
The 23.84-acre project parcel is developed with two residential
dwellings and accessory structures, located in the northern
portion of the parcel.
The project parcel includes blue oaks, pines, scrub oak,
manzanita and scrub brush. The project site area includes
disturbed grass land with surrounding scrub oaks, manzanita,
pines and scrub brush.
The project site location has an approximate elevation of 1,365
feet above sea level and generally level.
The proposed lease area is identified as flood zone “X.”
The site is not located within an earthquake fault zone or an
airport land use compatibility zone.
7070
Vicinity Map
7171
Aerial
7272
Aerial
7373
Site Plan
7474
Elevation
7575
Photosimulations
7676
Photosimulations
View 1 - Looking
west from Cherokee
Road
7777
Photosimulations
View 2 - Looking
northwest from
Cherokee Road at
parcel entry
7878
Photosimulations
View 3 - Looking
southeast from
State Highway 70
7979
Photosimulations
View 4 - Looking
southwest from
State Highway 70
8080
The applicant has indicated the project area is presently
underserved by their cellular coverage.
In each of the segments the electromagnetic spectrum the RF
signals travel in a “line-of-sight” manner. They do not travel
long distances by bending to follow the curvature of the Earth,
or by bouncing off of the ionosphere, such as commercial AM
or shortwave radio signals do.
They are subject to being interfered with, or blocked by any
number of terrestrial objects, from trees and hills to man-made
structures such as buildings and concrete and steel roadway
bridges and overpasses.
The height of the tower will also provide an opportunity for
other carriers to collocate on the tower, reducing the need for
additional towers in the project area.
8181
Zoning
8282
Analysis - Zoning
The project parcel is zoned FR-20 (Foothill Residential 20-acre
minimum).
Wireless Communication Facilities are regulated by Article 26,
Telecommunication Facilities, of the Butte County Code.
8383
Analysis - Zoning
The Purpose (Section 24-176) of the Telecommunication Facilities is to:
A. Allow reasonable opportunities for wireless communication
providers to provide such services to the community in a safe
effective and efficient manner.
B. Encourage the location of new monopoles, towers and
antennas in non-residential areas, thereby discouraging the need
for such facilities in residential areas.
C. Minimize the total number of antennas through the county.
D. Encourage co-location of facilities at appropriate new and
existing monopoles, towers and antenna sites.
E. Encourage wireless communication providers to locate new
monopoles, towers and antennas in areas that minimize
adverse impact on agricultural and air navigation.
F. Require wireless communication providers to design and configure
wireless communication facilities in a way that minimizes visual
impacts.
8484
Analysis - Zoning
Section 24-181, General Requirements for Telecommunication
Facilities:
Setbacks - Generally, new telecommunication facilities shall be
located on a parcel so that the distance from the base of facility to
the parcel boundary is equal to or greater than the height of the
facility.
The monopole (90 feet) meets the necessary setback requirements
from the property lines. (North – 400+ feet; South – 1,000+ feet;
East – 560+ feet; and West - 310+ feet.
Height - The maximum height for telecommunication facilities in all
zones shall be 100 feet. Section 24-181B.1 specifies that the
review authority may approve additional height based on
justifiable need.
The height of the tower, 90 feet, meets the requirement.
8585
Analysis - Zoning
Section 24-183, Standards for Types of Facilities:
Monopoles or Towers –
1. New monopoles or towers proposed in or within 1,000
feet of agriculture and residential zones require written
notice, in a manner approved by the Zoning
Administrator, to be given to owners of parcels located
within a minimum radius of 1,000 feet of the parcel on
which the proposed monopole or tower will be located.
Staff gave written notice to both owners and occupants
within 2,640 feet of the project parcel.
8686
Analysis – General Plan
The project parcel is designated as Agriculture by the General
Plan.
The project was reviewed for consistency with the policies of
the General Plan.
COS-P13.3 The County shall utilize the Zoning Ordinance to
require review of all proposed development projects within the
Military Operations Areas (MOA) shown in Figure LU-5.
COS-P17.2 Ridgeline development near scenic resources shall be
limited via the adoption of specific design guidelines in order to
minimize visual impacts.
COS-P18.3 The County shall require utility companies to choose
the least conspicuous locations for distribution lines, so as to avoid
impacts to scenic corridors where there is reasonable choice.
8787
Analysis –
Criteria for Granting a Use Permit - BCC section 24-222
A. The proposed use is allowed in the applicable zone.
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.
C. The proposed use will not be detrimental to the public health,
safety, and welfare of the County.
D. The proposed use is properly located within the County and
adequately served by existing or planned services and
infrastructure.
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.
8888
Analysis – Land Use
The project would not result in a significant increase in air
emissions, fugitive dust emissions, light, noise, or vehicle
traffic.
Only a minor amount of construction activity would be required
to install and maintain the telecommunication facility.
The project site is not located within an Airport Compatibility
Zone.
8989
Analysis
Department/Agency Review
The project application materials were circulated to,
Environmental Health, Public Works/Land Development,
Agricultural Commissioner, Cal Fire/Butte County Fire,
Assessor’s Office and NAVFACSW Intergovernmental Branch
AM-3. Public Works and the Agricultural Commissioner
included conditions.
9090
Analysis
Other
The project parcel is located in an area under a Architectural Control Agreement
(County Document No. 86-37796) between the Cherokee Heritage & Museum
Association, Inc. and Spring Valley Minerals, Inc. This agreement was entered
into on October 17, 1986. The following requirement applies to the current owner
of the project parcel.
All construction along the existing paved road (Cherokee Road) will replicate
the pioneer architectural styles of the settlement during the circa 1880 period.
This affects facades and side walls which may be seen from Cherokee Road.
The proposed communication facility ground equipment is not visible from
Cherokee Road. Only a small portion of the tower itself is visible from the
access drive off of Cherokee Road. Due to existing vegetation, the tower is
well screened from view from Cherokee Road.
Staff spoke with the president of the Cherokee Heritage & Museum
Association. He was also sent a copy of the Mitigated Negative Declaration.
Different options were discussed, including a possible use of a monopine for
the tower.
9191
Analysis
Other
Staff was contacted by The Native American Heritage Commission regarding the
proposed tower. The supplied a current list of the Native Tribes so they could
provide comments. Information was sent and staff did not hear back prior to
completion of the staff report.
A mitigation measure is included that would addresses if development
activities reveal the presence of cultural resources (i.e., artifact concentrations,
including arrowheads and other stone tools or chipping debris, cans, glass,
etc.; structural remains; human skeletal remains)..
9292
Analysis - CEQA
In compliance with CEQA Guidelines Section 15073(a), an
Initial Study/Mitigated Negative Declaration (IS/MND) was
prepared and circulated for public review.
The Initial Study prepared for this project determined that
there may be potential environmental impacts to the following
areas:
- Air Quality
- Cultural Resources
The Initial Study/Mitigated Negative Declaration prepared for
this project determined with the included two mitigations the
project would not have significant environmental impacts.
9393
Public Comments
Staff did not receive any public comments.
9494
Recommendation
Staff recommends the Planning Commission:
Adopt a Mitigated Negative Declaration
Approve Conditional Use Permit CUP13-0007 for SBA
Telecommunications, subject to the findings and
conditions
9595
9696
9797
9898
9999