HomeMy WebLinkAboutGSS Project # W15319-CA-35 (Valley Sub - MP 168.90) - Local RegulationsFrom: Thomas McGovern [mailto:TMCGOVERN@UP.COM]
Sent: Thursday, December 17, 2015 10:44 AM
To: Michelena, Mark
Cc: Andrew E. Black
Subject: Fw: GSS Project # W15319-CA-35 (Valley Sub - MP 168.90)
Hi Mark.
This is the response UPRR would send out via our law department. I can have an official letter drafted,
but I am trying to expedite the process.
Please advise if further action is required.
Tom McGovern
1400 Douglas STOP 0680
Omaha, NE 68179
Office - (402) 544-6090
Cell - (402) 871-4005
From: Michelena, Mark [mailto:MMichelena@buttecounty.net]
Sent: Thursday, December 17, 2015 10:26 AM
To: GSS <gss@gssmidwest.com>
Subject: GSS Project # W15319-CA-35
Good Morning.
Thank you for the opportunity to comment on your project # W15319-CA-35. The location of the project (APN 029-
080-013) is zoned Agricultural (AG-80). A communication facility in the Agriculture zone requires a Conditional Use
Permit (CUP). There would have to be several issues addressed as part of the CUP, including:
1. Setbacks – the communication tower shall be located on the parcel so that the distance from the base
of the tower to the parcel boundary is equal to or greater than the height of the tower (possible to reduce
this setback).
2. Concerns with aerial spraying of surrounding agricultural use.
3. Special findings need to be made for any communication tower over 30 feet in the Agricultural zones
(The burden of proof shall be on the applicant to establish both requirements below):
a. No feasible alternative site exists; and
b. A denial would constitute a prohibition on the provision of the affected wireless
communications service in violation of federal or state law.
Please let me know if you have any questions or would like me to email you an application packet.
Regards.
Mark Michelena, Senior Planner
Department of Development Services
7 County Center Drive, Oroville, CA 95965
☏530.538.7601 | 530.538.7376 (direct)