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HomeMy WebLinkAbout03_UP13-0008_Anthem Telecom 2014-03-27 ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ March 27, 2014 ■ Anthem Telecom (c/o Gordon Bell) - UP13-0008 Agenda Report ■ Page 1 of 18 ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT – March 27, 2014 Applicant: Anthem Telecom, (c/o Gordon Bell) G.P.: FR (Foothill Residential) Owner: Francisco Maldonado Zoning: FR-5 (Foothill Residential – 5 acre minimum) File #: UP13-0008 Zone Date: December 10, 2012 Request: A Conditional Use Permit for the development of a 130-foot tall, multi-carrier (up to 48 panel antennas), lattice wireless communication tower. The applicant is requesting the 130 feet in height to provide the ability for additional carriers on the tower. The project proposes 12 panel antennas at the 119-foot level and a 6-foot diameter microwave dish at the 127-foot level. Subsequent sets of antennas (colocations) will be placed at every 10 feet separation, down to 89 feet. Also proposed are 15 remote radio units, one equipment shelter, 2 A/C units mounted on the shelter, a 500 gallon emergency generator and associated cabling from the shelter to the tower. The communication facility will be located in a 3,600 square foot area, secured by a 6-foot chain link fence. APN: 058-520-051 Parcel Size: 6.19 acres (portion) Project Size: 3,600 SF Location: The parcel is located on the north side of Highway 70, on Capricorn Way, approximately 3,000 feet northeast of the intersection of Highway and Capricorn Way, at 11740 Capricorn Way, Concow. Supervisor District: 1 Planner: Mark Michelena Attachments: A: Resolution with Use Permit and Conditions of Approval (Exhibit A) B: Zoning and Vicinity Exhibits C: Initial Study/Mitigated Negative Declaration (with Studies) D: Photo Simulations E: Site Plan 1 ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ March 27, 2014 ■ Anthem Telecom (c/o Gordon Bell) - UP13-0008 Agenda Report ■ Page 2 of 18 ■ EXECUTIVE SUMMARY: Anthem Telecom is requesting approval of a Conditional Use Permit for the development of a 130-foot tall, multi-carrier (up to 48 panel antennas), lattice wireless communication tower. The first sector of antennas shall be located at 119-feet, and then subsequent sets of antennas (colocations) will be placed at every 10 feet separation, down to 89 feet. Also proposed are a 6- foot diameter microwave dish at the 127-foot level, 15 remote radio units, one equipment shelter, 2 A/C units mounted on the shelter, a 500 gallon emergency generator and associated cabling from the shelter to the tower. The communication facility will be located in a 3,600 square foot area, secured by a 6-foot chain link fence. 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- 0008 with findings and conditions. PROJECT DESCRIPTION:  The applicant requests a Conditional Use Permit for the development of a 130-foot tall, multi-carrier (up to 48 panel antennas), lattice wireless communication tower. The first sector of antennas shall be located at 119-feet, and then subsequent sets of antennas (colocations) will be placed at every 10 feet separation, down to 89 feet. Also proposed are a 6-foot diameter microwave dish at the 127-foot level, 15 remote radio units, one equipment shelter, 2 A/C units mounted on the shelter, a 500 gallon emergency generator and associated cabling from the shelter to the tower. The communication facility will be located in a 3,600 square foot area.  Access to the project site will be on a private road (Capricorn Way). Capricorn way is accessed from a county-maintained road, Pinkston Canyon Road, at its intersection with State Route 70.  The facility will be enclosed with 6-foot high chain-link security fencing with 3 strands of barbwire at the top.  No water or wastewater facilities are proposed. SITE CHARACTERISTICS:  The 6.19-acre project site is developed with a mobilehome and accessory structures.  The project site location includes disturbed grass land with scattered oak and pine trees and bushes.  The project site location has an approximate elevation of 2,280 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. 2 ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ March 27, 2014 ■ Anthem Telecom (c/o Gordon Bell) - UP13-0008 Agenda Report ■ Page 3 of 18 ■  There are no streams or creeks on site. ANALYSIS: Zoning Consistency  The project parcel is zoned FR-5 (Foothill Residential 5-acre minimum).  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.  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 of the electromagnetic spectrum utilized, the radio frequency (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 lattice tower (130 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 – 380+ feet; South – 490+ feet; East – 135+ feet; and West - 135+ feet. 3 ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ March 27, 2014 ■ Anthem Telecom (c/o Gordon Bell) - UP13-0008 Agenda Report ■ Page 4 of 18 ■ 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- 181(B.)(1) specifies that the review authority may approve additional height based on justifiable need. Because of the “line of sight” RF propagation limitation, the general result is that the higher the antennas are placed, the larger the “footprint” or service area of the cell site. This site is intended to improve signal levels along State Highway 70 and the Concow area, which has a coverage gap in the carrier’s service area. The applicant is requesting the additional 30 feet in tower height to provide ability for up to three additional carriers to be located on the tower, which minimizes the need for additional towers in the area. The terrain and vegetation in the project and coverage area also require the height of the tower to exceed the 100-foot maximum height in the zone in order to provide necessary coverage where it does not currently exist. Based upon the need for improved cellular service, staff supports the requested 130’ tower height. Regarding the location of the telecommunications facility on this specific parcel, Anthem Telecom identified they surveyed the property owners along Capricorn Way as to their interest in supporting a cell tower facility on their property, but only Mr. Maldonado expressed interest in having the facility on his parcel.  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 notified all parcels and tenants 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.)(1), above. General Plan Consistency  The project parcel is designated as Foothill Residential (FR) by the General Plan.  The project was reviewed for consistency with the following policies of the General Plan: 4 ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ March 27, 2014 ■ Anthem Telecom (c/o Gordon Bell) - UP13-0008 Agenda Report ■ Page 5 of 18 ■ 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 within the Military Airspace Overlay (MA) zone in 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 guidelines in order to minimize visual impacts. The project site, while not on a ridgeline, is along State Highway 70. The tower will be visible from State Highway 70 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, however State Highway 70 is listed as an eligible state scenic highway between its intersection with State Highway 149 and the Butte County line. Although the tower will be visible from certain points along State Highway 70, they are for short segments and most of the time, blocked by trees or terrain. In the vicinity of the subject property, State Highway 70 is located in a recessed cut further minimizing views of the tower from the Highway (see below). View East along State Highway 70 South of Subject Property 5 ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ March 27, 2014 ■ Anthem Telecom (c/o Gordon Bell) - UP13-0008 Agenda Report ■ Page 6 of 18 ■ 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 general 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-5 (Foothill 5-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 lattice tower is approximately 290 feet northwest from the nearest off-site residence. The project site area is not heavily vegetated, so the tower will be visible to the surrounding residential dwellings. The area also includes main PG&E transmission lines and towers which impact the visual aesthetics in the area. 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. A mobilehome is located on the subject property; the nearest existing off- site residential dwelling is approximately 290 feet from the proposed lattice tower. 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 only the 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 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 6 ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ March 27, 2014 ■ Anthem Telecom (c/o Gordon Bell) - UP13-0008 Agenda Report ■ Page 7 of 18 ■ 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. 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 3,600 square feet on the 6.19 acres parcel, encompasses approximately 1.3% 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. 7 ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ March 27, 2014 ■ Anthem Telecom (c/o Gordon Bell) - UP13-0008 Agenda Report ■ Page 8 of 18 ■  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. 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 area wide 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. 8 ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ March 27, 2014 ■ Anthem Telecom (c/o Gordon Bell) - UP13-0008 Agenda Report ■ Page 9 of 18 ■ RESOLUTION PC14 - ___ A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT UP13-0008 WHEREAS, the Planning Commission has considered Use Permit UP13-0008 for Anthem Telecom (c/o Gordon Bell), in accordance with Chapter 24, Article 31, Use Permits and Minor Use Permits, of the Butte County Code on Assessor’s Parcel Number 058-520-051; 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. UP13-0008, 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 9 ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ March 27, 2014 ■ Anthem Telecom (c/o Gordon Bell) - UP13-0008 Agenda Report ■ Page 10 of 18 ■ 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-5 (Foothill 5-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 lattice tower is approximately 290 feet northwest from the nearest off-site residence. The project site area is not heavily vegetated, so the tower will be visible to the surrounding residential dwellings. The area also includes main PG&E transmission lines and towers which impact the existing visual aesthetics in the area. 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. A mobilehome is located on the subject property; the nearest existing off-site residential dwelling is approximately 290 feet from the proposed lattice tower. 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 the 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 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 10 ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ March 27, 2014 ■ Anthem Telecom (c/o Gordon Bell) - UP13-0008 Agenda Report ■ Page 11 of 18 ■ 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. 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. 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 3,600 square feet on the 6.19 acres parcel, encompasses approximately 1.3% 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 11 ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ March 27, 2014 ■ Anthem Telecom (c/o Gordon Bell) - UP13-0008 Agenda Report ■ Page 12 of 18 ■ 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 lattice tower (130 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 – 380+ feet; South – 490+ feet; East – 135+ feet; and West - 135+ 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. Because of the “line of sight” RF propagation limitation, the general result is that the higher the antennas are placed, the larger the “footprint” or service area of the cell site. This site is intended to improve signal levels along State Highway 70 and the Concow area, which has a coverage gap in the carrier’s service area. The applicant is requesting the additional 30 feet in tower height to provide ability for up to three additional carriers to be located on the tower, which minimizes the need for additional towers in the area. The terrain and vegetation in the project and coverage area also require the height of the tower to exceed the 100-foot maximum height in the zone in order to provide necessary coverage where it does not currently exist. Based upon the need for improved cellular service, staff supports the requested 130’ tower height. Regarding the location of the telecommunications facility on this specific parcel, Anthem Telecom identified they surveyed the property owners along Capricorn Way as to their interest in supporting a cell tower facility on their property, but only Mr. Maldonado expressed interest in having the facility on his parcel. 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 12 ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ March 27, 2014 ■ Anthem Telecom (c/o Gordon Bell) - UP13-0008 Agenda Report ■ Page 13 of 18 ■ minimum radius of 1,000 feet of the parcel on which the proposed monopole or tower will be located. Staff notified all parcels and tenants 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 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 within the Military Airspace Overlay (MA) zone in the 500-foot tall Military Operations review areas. 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 guidelines in order to minimize visual impacts. The project site, while not on a ridgeline, is along State Highway 70. The tower will be visible from State Highway 70 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, however State Highway 70 is listed as an eligible state scenic highway between its intersection with State Highway 149 and the Butte County line. Although the tower will be visible from certain points along State Highway 70, they are for short segments and most of the time, blocked by trees or terrain. In the vicinity of the subject property, State Highway 70 is located in a recessed cut further minimizing views of the tower from the Highway. VI. Approves 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 13 ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ March 27, 2014 ■ Anthem Telecom (c/o Gordon Bell) - UP13-0008 Agenda Report ■ Page 14 of 18 ■ Butte County Code Chapter 24. The project is in accord with the purposes of the FR-5 (Foothill Residential 5-acre minimum) and the Butte County General Plan designation of Agriculture. 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 14 ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ March 27, 2014 ■ Anthem Telecom (c/o Gordon Bell) - UP13-0008 Agenda Report ■ Page 15 of 18 ■ EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP13-0008 PERMIT NO. 058-520-051 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 130-foot tall, multi-carrier (up to 48 panel antennas), lattice wireless communication tower. The applicant is requesting the 130 feet in height to provide the ability for additional carriers on the tower. The project proposes 12 panel antennas at the 119-foot level and a 6-foot diameter microwave dish at the 127-foot level. Subsequent sets of antennas (colocations) will be placed at every 10 feet separation, down to 89 feet. Also proposed are 15 remote radio units, one equipment shelter, 2 A/C units mounted on the shelter, a 500 gallon emergency generator and associated cabling from the shelter to the tower. The communication facility will be located in a 3,600 square foot area, secured by a 6-foot chain link fence. 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. 15 ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ March 27, 2014 ■ Anthem Telecom (c/o Gordon Bell) - UP13-0008 Agenda Report ■ Page 16 of 18 ■ 5. The terms and conditions of this permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 6. Terms of Approval (BCC Chapter 24, Article 26, Section 24-185) 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. 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. 16 ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ March 27, 2014 ■ Anthem Telecom (c/o Gordon Bell) - UP13-0008 Agenda Report ■ Page 17 of 18 ■ 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 #6: 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) 538-7404). 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. 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 establishing use, repair/restore Capricorn Way to the like-kind condition that existed prior to construction of the communication facilities. 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. 17 ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ March 27, 2014 ■ Anthem Telecom (c/o Gordon Bell) - UP13-0008 Agenda Report ■ Page 18 of 18 ■ 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 ¬«70 T i m t am L n Deadwood Rd Paiute Dr Chalair Dr M ill e r P e a k R d Tobin Ct D e t lo w R d Pinkston Canyon Rd Big B e nd R d Bardees Bar Rd Da rk Ca nyon Rd Tuttle Ct Capricorn Way Backache Rd Wind Ridge Dr Peaceful Trl Dio n R d Cooter Terr Andy Mt. Rd Miller Flat Rd Aureole W ay Little W o o d m a n R d Easy Live'n Rd Park Hill Cir Bardees Bar Rd Applicant: Anthem Telecom File/Project: UP13-0008 Owner: Francisco Maldonado APN: 058-520-051 Meeting Date: March 27, 2014 Zoning: FR-5 (Foothill Residential 5-acre minimum) Supervisorial District #1 BUTTE COUNTY PLANNING COMMISSION Request: A Conditional Use Permit for the development of a 130-foot tall, multi-carrier (up to 48 panel antennas), latttice wireless communication tower. Also proposed are 15 remote radio units, surge suppressor, ground related enclosures and equipment and back-up generator within the fenced, 3,600 square foot area. : 0 750 1,500 2,250 3,000375 Feet Facility Location Legend Zoning 2030 Zone C-C FR-2 FR-20 FR-40 FR-5 GI P TM TPZ 1919 ¬«70 Pentz Rd Cla rk Rd Pearson Rd Bille Rd :0 3,000 6,000 9,000 12,0001,500 Feet Project Location Vicinity Map Town of Paradise 2020 Project Name: Conditional Use Permit UP13-0008 for Anthem Telecom ■ Butte County Department of Development Services ■ ■ Initial Study – Anthem Telecom c/o Gordon Bell, UP13-0008 ■ Page 1 of 35 ■ DEVELOPMENT SERVICES DEPARTMENT BUTTE COUNTY INITIAL STUDY AND PROPOSED MITIGATED NEGATIVE DECLARATION FOR UP13-0008 (Anthem Telecom c/o Gordon Bell) 2121 Project Name: Conditional Use Permit UP13-0008 for Anthem Telecom ■ Butte County Department of Development Services ■ ■ Initial Study – Anthem Telecom c/o Gordon Bell, UP13-0008 ■ Page 2 of 35 ■ COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY & PROPOSED MITIGATED NEGATIVE DECLARATIONFOR CONDITIONAL USE PERMIT UP13-0008 (Anthem Telecom c/o Gordon Bell) 1.0 PROJECT INFORMATION A. Applicant/Owner: Anthem Telecom c/o Gordon Bell/Moldonado, Francisco B. Staff Contact: Mark Michelena, Senior Planner (530) 538-7376, mmichelena@buttecounty.net C. Project Name: N/A D. Project Location: The parcel is located on the north side of Highway 70, on Capricorn Way, approximately 3,000 feet northeast of the intersection of Highway and Capricorn Way, at 11740 Capricorn Way, Concow. E. Type of Application: Conditional Use Permit F. Assessor’s Parcel Number: 058-520-051 G. Project Parcel Size: 6.19 acres Lease area size: 3,600 square feet (SF) exclusive of easements H. Zoning: FR-5 (Foothill Residential 5-ac) I. General Plan Designation: Foothill Residential J. Environmental Setting: The 6.19-acre project site is developed with an existing residence, located northwest of the proposed communication tower location. The project site location includes disturbed grass land with scattered oak and pine trees and bushes. The tower and ground equipment are proposed to be located within a 3,600 square foot lease area in the center portion of the parcel. Additional easements are proposed from the lease area to the proposed power. The project site location has an approximate elevation of 2,280 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-5 Across Capricorn Way, residential & undeveloped East Foothill Residential (FR)FR-5 residential & undeveloped South FR/Public (P) FR-2/P Across State Route 70, residential /Yankee Hill Grange & undeveloped West Foothill Residential (FR) FR-5 undeveloped L. Project Description: The applicant is requesting a Conditional Use Permit for the development of a 130- foot tall, multi-carrier (up to 48 panel antennas), lattice wireless communication tower. The applicant is requesting the 130 feet in height to provide the ability for additional carriers on the tower. The project proposes 12 panel antennas at the 119-foot level and a 6-foot diameter microwave dish at the 127-foot level. Subsequent sets of antennas (colocations) will be placed at every 10 feet separation, down to 89 feet. Also proposed are 15 remote radio units, one equipment shelter, 2 A/C units mounted on the shelter, a 500 gallon emergency generator and associated cabling from the shelter to the tower. The communication facility will be located in a 3,600 square foot area, secured by a 6-foot chain link fence. 2222 2323 Project Name: Conditional Use Permit UP13-0008 for Anthem Telecom ■ Butte County Department of Development Services ■ ■ Initial Study – Anthem Telecom c/o Gordon Bell, UP13-0008 ■ Page 4 of 35 ■ Overall Site Plan 2424 Project Name: Conditional Use Permit UP13-0008 for Anthem Telecom ■ Butte County Department of Development Services ■ ■ Initial Study – Anthem Telecom c/o Gordon Bell, UP13-0008 ■ Page 5 of 35 ■ Close-up Site Plan 3,600 Square Foot Lease Area 2525 Project Name: Conditional Use Permit UP13-0008 for Anthem Telecom ■ Butte County Department of Development Services ■ ■ Initial Study – Anthem Telecom c/o Gordon Bell, UP13-0008 ■ Page 6 of 35 ■ 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 [X] 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: (a.)(b.)(c.) Less Than Significant Impact. The project site is located on the south side of Capricorn Way (a private road) and north of State Highway 70, on a rural residential parcel. The tower will be located in the central portion of the parcel in an area that is mostly dirt, brush and grasses, and has been disturbed. 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 Highay 70 (see Appendix A photosimulation 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 130 feet above ground level. Nine panel antennas are proposed to be centered at the 119-foot level. Additionally, one microwave dish is proposed to be centered at the 127-foot level. Additional antenna arrays are proposed at the 109-foot, 99-foot and 89-foot levels Related equipment includes a prefabricated equipment shelter (192 square feet) and a 506-gallon back-up diesel generator on a 6-foot x 13-foot concrete pad within a 1,400 square foot facility footprint. A 6-foot tall chain link fence would surround the 3,600 square foot lease area. Communication cables running from the facility to the existing PG&E power poles will be underground within a proposed 5-foot easement. The nearest off-site residential dwellings from the proposed communication tower are approximately as follows: 2626 Project Name: Conditional Use Permit UP13-0008 for Anthem Telecom ■ Butte County Department of Development Services ■ ■ Initial Study – Anthem Telecom c/o Gordon Bell, UP13-0008 ■ Page 7 of 35 ■ Distance (feet) Direction Address Land Use 290 ft. SE 11788 Capricorn Way Residence 685 ft. SW 11597 Pinkston Cyn Rd Residence 690 ft. NW 11722 Capricorn Way Residence 795 ft. NW 11717 Capricorn Way Residence 870 ft. N 4106 Backache Road Residence 970 ft. S 4100 Backache Road Residence 990 ft. N 11733 Capricorn Way Residence The applicant supplied photo simulations of the proposed lattice 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 290 feet to the southeast. 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 parcels in the surrounding areas that could accommodate the tower, the visual impacts would generally be the same to the existing residential dwellings. Based on these distances, the 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 with Mitigation Incorporated. 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-5 (Foothill Residential 5-acre minimum). The FR-5 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 of rural residential uses and vacant parcels. The site does not include any agricultural uses. The site is designated as “Other Land” in the Farmland Mapping and Monitoring Program (FMMP). (b.) No Impact. The project parcel and surrounding parcels are zoned FR with no identifiable agricultural uses. Neither the project parcel nor surrounding parcels are subject to a Williamson Act Contract. 2727 Project Name: Conditional Use Permit UP13-0008 for Anthem Telecom ■ Butte County Department of Development Services ■ ■ Initial Study – Anthem Telecom c/o Gordon Bell, UP13-0008 ■ Page 8 of 35 ■ (c.) No Impact. The project site does not have any 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 lattice tower 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. 2828 Project Name: Conditional Use Permit UP13-0008 for Anthem Telecom ■ Butte County Department of Development Services ■ ■ Initial Study – Anthem Telecom c/o Gordon Bell, UP13-0008 ■ Page 9 of 35 ■ 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 #4. Mitigation Measure #1: Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. As needed, 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 2929 Project Name: Conditional Use Permit UP13-0008 for Anthem Telecom ■ Butte County Department of Development Services ■ ■ Initial Study – Anthem Telecom c/o Gordon Bell, UP13-0008 ■ Page 10 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 6.19-acre project site is developed an existing residential dwelling in the northern portion of the parcel. The rest of the parcel is mostly vegetated with chaparral, scrub oaks and grasses. The project site area was more densely vegetated and was impacted by recent fires. 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 native species and animals have been formally designated as threatened or endangered under State and Federal 3030 Project Name: Conditional Use Permit UP13-0008 for Anthem Telecom ■ Butte County Department of Development Services ■ ■ Initial Study – Anthem Telecom c/o Gordon Bell, UP13-0008 ■ Page 11 of 35 ■ 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 (3,600 s.f.), site investigation, and the disturbed status of the site, special status plant species were not considered to be potentially present within the lease area. The CNDDB did not show occurrences of any plant or animal species within one-half mile of the project site. The project site is not located within the Butte Regional Conservation Plan area The project site is not located on the fringes of the Sacramento Valley which are considered habitat for Swainson’s hawk (Buteo swainsoni) and therefore would not impact nesting or foraging areas. (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 communication towers. 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 lattice tower “footprint”.  New towers should be designed structurally and electrically to accommodate the applicant/licensee’s antennas and antennas for up to an additional three additional users.  Security lighting for on-ground facilities and equipment should be down-shielded to keep light within the boundaries of the site.  Communication towers 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 lattice tower 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. 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) No Impact. The project parcel is developed with a residential dwelling. The project site location is in the orchard. The project proposes very minimal changes to the existing site. Only a minimal amount of vegetation, grasses and chaparral could be removed. Based on the recent fires and the small area used, the project would not conflict with any local policies or ordinances protecting biological resources. (f.) No Impact. This site is not located within the area for which the area of the Butte Regional Conservation Plan (BRCP) coordinated by the Butte County Association of Governments. (k.) Less Than Significant Impact. All exterior lights on the project site are required to be fully shielded and directed downward. The 1,400 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. 3131 Project Name: Conditional Use Permit UP13-0008 for Anthem Telecom ■ Butte County Department of Development Services ■ ■ Initial Study – Anthem Telecom c/o Gordon Bell, UP13-0008 ■ Page 12 of 35 ■ 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. Several prehistoric sites have been identified in the project area. No cultural resources structures or sites of any type are known to be located on the subject site. 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 #5 is recommended that requires 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. 3232 Project Name: Conditional Use Permit UP13-0008 for Anthem Telecom ■ Butte County Department of Development Services ■ ■ Initial Study – Anthem Telecom c/o Gordon Bell, UP13-0008 ■ Page 13 of 35 ■ 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 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 high potential for landslides and a moderate potential for subsidence in this area. Due to the generally level area where the tower and ground equipment will be located, there is not much of an issue with a landslide. (b.) Less Than Significant Impact. There is ‘moderate’ to ‘sever 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 3333 Project Name: Conditional Use Permit UP13-0008 for Anthem Telecom ■ Butte County Department of Development Services ■ ■ Initial Study – Anthem Telecom c/o Gordon Bell, UP13-0008 ■ Page 14 of 35 ■ 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 0.083 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 moderate 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 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 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. 3434 Project Name: Conditional Use Permit UP13-0008 for Anthem Telecom ■ Butte County Department of Development Services ■ ■ Initial Study – Anthem Telecom c/o Gordon Bell, UP13-0008 ■ Page 15 of 35 ■ 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 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. 3 The greenhouse gases listed are consistent with the definition in Assembly Bill (AB) 32 (Government Code §38505). 3535 Project Name: Conditional Use Permit UP13-0008 for Anthem Telecom ■ Butte County Department of Development Services ■ ■ Initial Study – Anthem Telecom c/o Gordon Bell, UP13-0008 ■ Page 16 of 35 ■ 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 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 3636 Project Name: Conditional Use Permit UP13-0008 for Anthem Telecom ■ Butte County Department of Development Services ■ ■ Initial Study – Anthem Telecom c/o Gordon Bell, UP13-0008 ■ Page 17 of 35 ■ Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document 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, 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 500 gallon propane powered generator for emergency backup power. The use of propane on the project site does not require 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. 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 tower The nearest off-site residential dwelling to the proposed communication facility is approximately 290 feet from the proposed tower. 3737 Project Name: Conditional Use Permit UP13-0008 for Anthem Telecom ■ Butte County Department of Development Services ■ ■ Initial Study – Anthem Telecom c/o Gordon Bell, UP13-0008 ■ Page 18 of 35 ■ 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 6.3 miles east 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 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 3838 Project Name: Conditional Use Permit UP13-0008 for Anthem Telecom ■ Butte County Department of Development Services ■ ■ Initial Study – Anthem Telecom c/o Gordon Bell, UP13-0008 ■ Page 19 of 35 ■ Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document 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 3,600 s.f. lease area. This small amount of hard surface is insignificant over the 6.19 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 2,280 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. Mitigation Measures: None requied. 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 3939 Project Name: Conditional Use Permit UP13-0008 for Anthem Telecom ■ Butte County Department of Development Services ■ ■ Initial Study – Anthem Telecom c/o Gordon Bell, UP13-0008 ■ Page 20 of 35 ■ Impact Discussion: The applicant is requesting a Conditional Use Permit for the development of a 130-foot tall, multi-carrier (up to 48 panel antennas), lattice tower wireless communication tower. The applicant is requesting the additional 30 feet in height to provide the ability for additional carriers on the tower. The project proposes 12 panel antennas at the 119- foot level and a 6-foot diameter microwave dish at the 127-foot level. Subsequent sets of antennas (colocations) will be placed at every 10 feet separation, down to 89 feet. Also proposed are 15 remote radio units, one equipment shelter, 2 A/C units mounted on the shelter, 500 gallon emergency propane generator and associated cabling from the shelter to the tower. The communication facility will be located in a 3,600 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-5 (Foothill Residential 5-acre minimum parcel). The tower meets the necessary setback requirements from the property lines. Setbacks from the property lines, meeting or exceeding the height of the tower are: North – 380+ feet; South – 490+ feet; East – 135 feet; and West - 135 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 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 towers and antenna sites. E. Encourage wireless communication providers to locate new 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. This tower will provide the existing service gap for their 3G wireless and provide service for their 4G LTE (Long Term Evolution). Their cellular communications operates in the UHF, or ultra-high-frequency portion of the radio spectrum. AT&T’s cell towers in Butte County transmit in the 880-894 MHz. range, and they “listen” on 835- 849 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 746-757 MHz. on the “downlink” and 776-787 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. 4040 Project Name: Conditional Use Permit UP13-0008 for Anthem Telecom ■ Butte County Department of Development Services ■ ■ Initial Study – Anthem Telecom c/o Gordon Bell, UP13-0008 ■ Page 21 of 35 ■ 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 lattice tower (130 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 – 380+ feet; South – 490+ feet; East – 135 feet; and West - 135 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 applicant is requesting an additional 30 feet in height to provide the ability for up to three additional carriers to be located on the tower. This would eliminate the need for additional towers in the general facility. 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.) No Impact. This site is not located the area of the Butte Regional Conservation Plan (BRCP) coordinated by the Butte County Association of Governments. Mitigation Measure: None required. 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 4141 Project Name: Conditional Use Permit UP13-0008 for Anthem Telecom ■ Butte County Department of Development Services ■ ■ Initial Study – Anthem Telecom c/o Gordon Bell, UP13-0008 ■ Page 22 of 35 ■ 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 rural residential uses and vacant parcels. 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 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 4242 Project Name: Conditional Use Permit UP13-0008 for Anthem Telecom ■ Butte County Department of Development Services ■ ■ Initial Study – Anthem Telecom c/o Gordon Bell, UP13-0008 ■ Page 23 of 35 ■ 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. 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 4343 Project Name: Conditional Use Permit UP13-0008 for Anthem Telecom ■ Butte County Department of Development Services ■ ■ Initial Study – Anthem Telecom c/o Gordon Bell, UP13-0008 ■ Page 24 of 35 ■ 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. Mitigation Measure: None required. 4444 Project Name: Conditional Use Permit UP13-0008 for Anthem Telecom ■ Butte County Department of Development Services ■ ■ Initial Study – Anthem Telecom c/o Gordon Bell, UP13-0008 ■ Page 25 of 35 ■ 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. Capricorn Way has minimal 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 Capricorn Way, 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. 4545 Project Name: Conditional Use Permit UP13-0008 for Anthem Telecom ■ Butte County Department of Development Services ■ ■ Initial Study – Anthem Telecom c/o Gordon Bell, UP13-0008 ■ Page 26 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. 4646 Project Name: Conditional Use Permit UP13-0008 for Anthem Telecom ■ Butte County Department of Development Services ■ ■ Initial Study – Anthem Telecom c/o Gordon Bell, UP13-0008 ■ Page 27 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. As needed, 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. 4747 Project Name: Conditional Use Permit UP13-0008 for Anthem Telecom ■ Butte County Department of Development Services ■ ■ Initial Study – Anthem Telecom c/o Gordon Bell, UP13-0008 ■ Page 28 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. 4848 Project Name: Conditional Use Permit UP13-0008 for Anthem Telecom ■ Butte County Department of Development Services ■ ■ Initial Study – Anthem Telecom c/o Gordon Bell, UP13-0008 ■ Page 29 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.asp x) 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. 4949 Project Name: Conditional Use Permit UP13-0008 for Anthem Telecom ■ Butte County Department of Development Services ■ ■ Initial Study – Anthem Telecom c/o Gordon Bell, UP13-0008 ■ Page 30 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, Previsualists, September 20, 2013. 5050   5151 Project Name: Conditional Use Permit UP13-0008 for Anthem Telecom ■ Butte County Department of Development Services ■ ■ Initial Study – Anthem Telecom c/o Gordon Bell, UP13-0008 ■ Page 32 of 35 ■ Appendix A Key Map 5252 Project Name: Conditional Use Permit UP13-0008 for Anthem Telecom ■ Butte County Department of Development Services ■ ■ Initial Study – Anthem Telecom c/o Gordon Bell, UP13-0008 ■ Page 33 of 35 ■ View - Looking northeast from eastbound Hwy 70 at Pinkston Canyon Road 5353 Project Name: Conditional Use Permit UP13-0008 for Anthem Telecom ■ Butte County Department of Development Services ■ ■ Initial Study – Anthem Telecom c/o Gordon Bell, UP13-0008 ■ Page 34 of 35 ■ View – Looking west from Hwy 70 5454 Project Name: Conditional Use Permit UP13-0008 for Anthem Telecom ■ Butte County Department of Development Services ■ ■ Initial Study – Anthem Telecom c/o Gordon Bell, UP13-0008 ■ Page 35 of 35 ■ View – Looking west from Highway 70 at the pullout at Backache Road 5555 5656 5757 5858 5959 6060 6161 6262 6363 6464 6565 6666 6767 UP13-0008 Anthem Telecom (c/o Gordon Bell) 130-foot tall, multi-carrier (up to 48 panel antennas), monopole wireless communication tower. Also proposed are 15 remote radio units, one equipment shelter, 2 A/C units mounted on the shelter, an emergency backup generator and associated cabling from the shelter to the tower., in a 3,600 square foot area. 68 Project Setting The 6.19-acre project parcel is developed with a mobilehome and accessory structures, located in the center portion of the parcel. The project site location includes disturbed grass land with scattered oak and pine trees and bushes. The project site location has an approximate elevation of 2,280 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. 69 Vicinity Map 70 Aerial 71 Aerial 72 Site Plan 73 Elevation 74 Photosimulations 75 Photosimulations 76 Photosimulations 77 Photosimulations 78 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. 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 other carriers to collocate on the tower, reducing the need for additional towers in the project area. 79 Zoning 80 Analysis - Zoning The project parcel is zoned FR-5 (Foothill Residential 5-acre minimum). Wireless Communication Facilities are regulated by Article 26, Telecommunication Facilities, of the Butte County Code. 81 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. 82 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 lattice tower (130 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 – 380+ feet; South – 490+ feet; East – 135+ feet; and West - 135+ fee 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. 83 Analysis - Zoning Section 24-181, General Requirements for Telecommunication Facilities: 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. Because of the “line of sight” RF propagation limitation, the general result is that the higher the antennas are placed, the larger the “footprint” or service area of the cell site. This site is intended to improve signal levels along State Highway 70 and the Concow area, which has a coverage gap in the carrier’s service area. The applicant is requesting the additional 30 feet in tower height to provide ability for up to three additional carriers to be located on the tower, which minimizes the need for additional towers in the area. The terrain and vegetation in the project and coverage area also require the height of the tower to exceed the 100-foot maximum height in the zone in order to provide necessary coverage where it does not currently exist. 84 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. 85 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. 86 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. 87 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. 88 Analysis Department/Agency Review The project application materials were circulated to, Environmental Health, Public Works/Land Development, Cal Fire/Butte County Fire, Assessor’s Office and NAVFACSW Intergovernmental Branch AM-3. 89 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. 90 Public Comments Staff did not receive any public comments. 91 Recommendation Staff recommends the Planning Commission: Adopt a Mitigated Negative Declaration Approve Conditional Use Permit CUP13-0008 for Anthem Telecom, subject to the findings and conditions 92