HomeMy WebLinkAboutMUP15-0003 ZA DeterminationATTACHMENT A
BUTTE COUNTY ZONING ADMINISTRATOR
DECISION ZDN15-0008
MINOR USE PERMIT MUP15-0003
(Sacramento Valley Limited Partnership, dba Verizon Wireless)
A Minor Use Permit (MUP) to construct a wireless telecommunication facility that includes a 105-
foot tall monopine tower, four (4) proposed antenna sectors (2 per sector) mounted at the 90-ft.
elevation and ground related equipment.
APN 060-080-010
October 7, 2015
I. The Zoning Administrator has considered the Initial Study and Mitigated Negative
Declaration in accordance with the California Environmental Quality Act (CEQA), and
adopts the Mitigated Negative Declaration with the following findings:
A. An Initial Study was completed in compliance with the California Environmental
Quality Act. Said Study identified significant environmental effects and included
mitigation measures that would mitigate such effects below significant levels;
B. The Zoning Administrator has considered the Mitigated Negative Declaration,
together with comments received during the review process.
C. On the basis of the whole record before the Zoning Administrator, including the
Initial Study and any comments received, there is no substantial evidence that the
Minor Use Permit for Sacramento Valley Limited Partnership, dba Verizon
Wireless, Planning Division File No. MUP15-0003, with conditions and
mitigations here attached, would have a significant effect on the environment.
D. The custodian of the record is the Department of Development Services Planning
Division. The location of the record is 7 County Center Drive, Oroville CA 95965.
E. The Mitigated Negative Declaration reflects the independent judgment and analysis
of the County, which is the Lead Agency.
II. Makes the following Minor Use Permit findings:
A. The proposed use is allowed in the applicable zone.
The Butte County Code allows for the establishment of new towers and poles for
wireless telecommunication facilities in the TPZ zone, subject to the approval of a
Minor Use Permit. Staff has analyzed the Project and determined that it is
consistent with the development standards for telecommunication facilities
provided in Chapter 24, Article 26.
B. The location, size, design, and operating characteristics of the proposed use will be
compatible with the existing and future land uses in the vicinity of the subject
property.
The densely forested property, together with the proposed use of the monopine
design and adopted Conditions of Approval, would ensure that project features are
compatible with existing and future land uses in the vicinity of the project site.
C. The proposed use will not be detrimental to the public health, safety, and welfare
of the County.
Mitigation Measures and Conditions of Approval have been added to the project
that would ensure the proposed uses would not be detrimental to the health and
general welfare of the persons residing or working in the neighborhood or to the
general health, welfare and safety of the county.
D. The proposed use is properly located within the County and adequately served by
existing or planned services and infrastructure.
The location of the Project was selected based on the availability of utilities, access,
appropriate zoning regulations, and a willing property owner for the purpose to
both fill in a gap in coverage in the Butte Meadows community, more specifically in
eastern Butte County and possibly Highway 32.
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.
Based on the environmental analyses carried out in the Initial Study-Mitigated
Negative Declaration, which is recommended for adoption regards to this project,
and the six mitigation measures included therein, would ensure that the size, shape
and physical characteristics of the property can accommodate the Project, and
ensure compatibility with the existing and future residential and public uses in the
vicinity of the project site.
III. The project is consistent with the following Telecommunication Facilities Standards and
Requirements:
A. Setbacks.
1. Except when specifically allowed, all 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 height of the monopine from grade to the top branches is 105 feet, and 93
feet to the top of the steel pole and panel antennas. Approximate setbacks from
the property lines for the tower are: North – 1,095+ feet; South 4,250+ feet;
East – 2,085+ feet; and West – 3,240+ 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. The
height of a telecommunication facility shall be measure from the natural
undisturbed ground surface below the center of the base of the monopole or
tower to the top of the monopole or tower itself or, if higher, the tip of the
highest antenna or piece of equipment attached thereto.
The project site is situated in the Timber Production Zone, and the height of the
monopine from grade to the top branches is 105 feet, and 93 feet to the top of
the steel pole and panel antennas. The minimum height of the tower was based
on the needed coverage area for the carrier. That height is 93 feet. The
applicant submitted in a monopole with a height of 93 feet. Based on the
surrounding area, the County requested the communication tower to be a
monopine. The increased height above the 100 feet maximum height is
necessary to provide top branches for the proposed monopine.
C. Distance Between Facilities.
1. A facility shall not be located within 1,000 feet of any other existing facility
2. The minimum required distance between facilities may be reduced with
approval of a Minor Use Permit. To approve the reduced separation, the review
authority shall find that one or more of the following apply:
a. Visual Impacts are negligible; or
b. The applicant can demonstrate that the site is a technical necessity to meet
the demands of the geographic service area and the applicant’s network
A monopine is designed to resemble a pine tree to blend in better with the
surrounding environment. In this case, there are existing pines near the project
site area and throughout the project parcel. The monopine would be similar in
size, albeit taller, to the surrounding trees. The existing topography will screen
the ground equipment and part of the monopine from views from the public
rights-of-ways (Humboldt Road). No offsite residences will have views of the
monopine or ground equipment.
The applicant looked at possible collocating on the existing lattice tower, but
their engineers determined that it wasn’t structurally designed for a colocation.
The applicant looked several different locations for the proposed
telecommunication facility to provide the needed coverage and meet the 1,000
feet. All locations were on Sierra Pacific Industries land. The current site was
chosen based on the existing access road, power, the geographical location best
serving the coverage needs. Sierra Pacific Industries also identified it as the
best location on the parcels.
IV. Finds the Project to be substantially consistent with the applicable Goals and Policies of
the Butte County General Plan based on a consistency review in the staff report.
V. Approves Minor Use Permit MUP15-0003 for Sacramento Valley Limited Partnership, dba
Verizon Wireless, subject to the findings and conditions in Exhibit “A”
ATTACHMENT B
EXHIBIT A
MINOR USE PERMIT
BUTTE COUNTY ZONING ADMINISTRATOR
DATE OF APPROVAL
MUP15-0003
PERMIT NO.
060-080-010
ASSESSOR’S PARCEL NO.
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special
conditions set forth below: Sacramento Valley Limited Partnership, dba Verizon Wireless is
hereby granted a Minor Use Permit to construct a wireless telecommunication facility that includes
a 105-foot tall monopine tower, four (4) proposed antenna sectors (2 per sector) mounted at the 90-ft.
elevation and ground related equipment.
1. As provided by Butte County Code §24-243, the effective date of this Minor Use Permit
shall be ten days following the action of the Zoning Administrator, unless appealed or
called up for review. Permits or other approvals may be issued only upon or following the
effective date, provided no appeal has been filed.
2. This approval shall expire and become void if not exercised within two years from the date
of approval, except where an extension of time is approved as provided in Butte County
Code §24-247.
3. The terms and conditions of this Minor Use 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 Permitee, provided the use has not been abandoned.
4. This Minor Use Permit may be revoked, or the conditions of approval modified, as
provided in Butte County Code §24-251.
5. 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.
6. The applicant shall comply with all applicable federal, State and local statues and
regulations.
Conditions of Approval:
Planning Division
1. Mitigation Measure #1 – (Construction Emissions)
The following best practice measures to reduce impacts to air quality shall be incorporated
by the project applicant, subject property owners, or third-party contractors during
construction activities on the project site. These measures are intended to reduce criteria air
pollutants that may originate from the site during the course of land clearing and other
construction operations.
Diesel PM Exhaust from Construction Equipment and Commercial On-Road Vehicles
Greater than 10,000 Pounds
All on- and off-road equipment shall not idle for more than five minutes. Signs shall be
posted in the designated queuing areas and/or job sites to remind drivers and operators
of the five minute idling limit.
Idling, staging and queuing of diesel equipment within 1,000 feet of sensitive receptors
is prohibited.
All construction equipment shall be maintained in proper tune according to the
manufacturer’s specifications. Equipment must be checked by a certified mechanic and
determined to be running in proper condition before the start of work.
Install diesel particulate filters or implement other CARB-verified diesel emission
control strategies.
Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air
conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a
sleeper berth for greater than 5 minutes at any location when within 100 feet of a
restricted areas.
To the extent feasible, truck trips shall be scheduled during non-peak hours to reduce
perk hour emissions.
Operational TAC Emissions
All mobile and stationary Toxic Air Contaminants (TACs) sources shall comply with
applicable Airborne Toxic Control Measures (ATCMs) promulgated by the CARB
throughout the life of the project (see http:www.arb.ca.gov/toxics/atcm/atcm.htm).
Stationary sources shall comply with applicable District rules and regulations.
Fugitive Dust
Construction activities can generate fugitive dust that can be a nuisance to local residents and
businesses near a construction site. Dust complaints could result in a violation of the
District’s “Nuisance” and “Fugitive Dust” Rules 200 and 205, respectively. The following
is a list of measures that may be required throughout the duration of the construction
activities:
Reduce the amount of the disturbed area where possible.
Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust
from leaving the site. An adequate water supply source must be identified. Increased
watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed
(non-potable) water should be used whenever possible.
All dirt stockpile areas should be sprayed daily as needed, covered, or a District approved
alternative method will be used.
Permanent dust control measures identified in the approved project revegetation and
landscape plans should be implemented as soon as possible following completion of any
soil disturbing activities.
Exposed ground areas that will be reworked at dates greater than one month after initial
grading should be sown with a fast-germinating non-invasive grass seed and watered
until vegetation is established.
All disturbed soil areas not subject to re-vegetation should be stabilized using approved
chemical soil binders, jute netting, or other methods approved in advance by the Butte
County Air Quality Management District.
All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as
possible. In addition, building pads should be laid as soon as possible after grading unless
seeding or soil binders are used.
Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved
surface at the construction site.
All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should
maintain at least two feet of freeboard (minimum vertical distance between top of load
and top of trailer) in accordance with local regulations.
Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash
off trucks and equipment leaving the site.
Sweep streets at the end of each day if visible soil material is carried onto adjacent paved
roads. Water sweepers with reclaimed water should be used where feasible.
Post a sign in prominent location visible to the public with the telephone numbers of the
contractor and the Butte County Air Quality Management District - (530) 332-9400 for
any questions or concerns about dust from the project.
All fugitive dust mitigation measures required should be shown on grading and building
plans. In addition, the contractor or builder should designate a person or persons to monitor
the dust control program and to order increased watering, as necessary, to prevent transport
of dust offsite. Their duties shall include holidays and weekend period when work may not
be in progress. The name and telephone number of such persons shall be provided to the
District prior to land use clearance for map recordation and finished grading of the area.
Please note that violations of District Regulations are enforceable under the provisions of
California Health and Safety Code Section 42400, which provides for civil or criminal
penalties of up to $25,000 per violation.
Plan Requirements: Applicable measures shall be adhered to by the applicant, property
owners, and third-party contractors during construction activities. Measures shall be noted
on grading and building plans.
Timing: Requirements of the condition shall be adhered to throughout all grading and
construction periods.
Monitoring: Butte County Department of Development Services.
2. Mitigation Measure #2 – (Biologist for Construction Monitoring)
A qualified biologist and/or botanist shall be retained by the applicant/developer to the
satisfaction of the Department of Development Services to conduct construction monitoring
in and immediately adjacent to all construction barrier fencing for protected species when
construction is taking place near such habitat areas. The biologist shall submit weekly
monitoring reports to the Department of Development Services and the applicant/developer
when construction related activities occur immediately adjacent to barrier fencing.
Timing: This measure shall be implemented during site preparation and construction.
Monitoring: Butte County Department of Development Services shall ensure compliance
with this requirement.
3. Mitigation Measure #3 – (Construction Employee Training)
The qualified biologist and/or botanist retained by the applicant/developer to the satisfaction
of the Department of Development Services to conduct construction monitoring shall provide
mandatory training to construction employees operating equipment or engaged in any
development-associated activities involving vegetation removal or ground disturbing
activities in sensitive resource areas. The qualified biologist and/or botanist shall provide
information on the on-site biological resources (sensitive natural communities, special-status
plan and wildlife habitats, nests of special-status birds, etc.), avoidance of invasive plan
introduction and spread, and the penalties for not complying with biological mitigation
requirements and other State and federal regulations.
Timing: This measure shall be implemented during site preparation and construction.
Monitoring: Butte County Department of Development Services shall ensure compliance
with this requirement.
4. Mitigation Measure #4 – (Construction Barrier Fencing)
Construction barrier fencing shall be installed, at a distance specified by the qualified
biologist and/or botanist retained to conduct construction monitoring in and adjacent to all
habitats for protected species, around sensitive resources on or adjacent to construction sites.
Fencing shall be installed prior to any construction activities and maintained throughout the
construction period. The biologist shall determine the location and delineate/stake-out the
location of this fencing.
Timing: This measure shall be implemented during site preparation and construction.
Monitoring: Butte County Department of Development Services shall ensure compliance
with this requirement.
5. Mitigation Measure #5 – (Nesting Birds Survey)
If project construction activities, including vegetation clearing, are to occur during the nesting
season for birds protected under the Migratory Bird Treaty Act and California Fish and Game
Code (March 1 – August 31) the project proponent shall retain a qualified biologist to perform
preconstruction surveys for all migratory nesting birds, including raptors in the project site
area and immediate vicinity. At least two surveys shall be conducted no more than 15 days
prior to the initiation of construction activities, including vegetation clearing. In the event
that nesting birds are found on the project site area, or the immediate vicinity, the project
proponent shall:
Locate and map the location of the nest site. Within 2 working days of the surveys prepare
a report and submit to the County and CDFW;
A no-disturbance buffer of 250 feet shall be established around any active raptor or
special status species next and a 50-foot buffer shall be established around any migratory
songbird nest. Modifications from these no-disturbance buffers may be implemented
when there is compelling biological or ecological reason to do so, such as when the
project area would be concealed from a nest site by topography. Any modifications from
these buffers shall be supported by a qualified wildlife biologist and submitted to the
California Department of Fish & Wildlife for acceptance of the buffer modification.
The biologist shall demarcate the no-disturbance buffer using construction barrier fencing
to ensure the no-disturbance buffer is maintained and conduct a follow-up survey to
document the buffer is adequate. Construction can resume when a qualified biologist has
confirmed that the birds have fledged or the nest has been naturally predated.
In the event of destruction of a nest with eggs, or if a juvenile or adult migratory bird or
raptor should become stranded from the nest, injured or killed, the qualified biologist
shall immediately notify the CDFW. The qualified biologist shall coordinate with the
CDFW to have the injured raptor either transferred to a recovery center or, in the case of
mortality, transfer it to the CDFW within 48 hours of notification. If directed/authorized
by the CDFW during the notification, the qualified biologist may transfer the injured
raptors to a raptor recovery center.
Timing: Prior to and during vegetation removal, grading and construction.
Monitoring: Biologist and Development Services Department.
6. Mitigation Measure #6 – (Monitoring Costs)
The Department of Development Services (DDS) is responsible for monitoring the
landowner’s compliance with all Conditional Use Permit conditions of approval as detailed
above. As the cost of ongoing monitoring of Measures and Conditions of Approval is not
included in the County’s application fees, at the discretion of the Director of DDS (Director),
the cost of DDS staff and consultant time directly related to the monitoring of compliance
with Conditional Use Permit conditions of approval may be billed to and borne by the
landowner at the established DDS Planning Division hourly rate. The current fee amount
established in Butte County Code and implementing resolutions for Mitigation Measure and
Condition of Approval Monitoring (currently $1,031.79) shall be paid within 30 days of the
date of project approval. Regarding the monitoring of relevant mitigation measures and
conditions of approval after construction, the landowner shall maintain this fee with DDS in
an amount (not to exceed the established maximum) at a level determined by the Director to
ensure adequate ongoing mitigation measure and condition of approval
monitoring. Mechanisms which may be used by the County to address failure by the
landowner to maintain the adequate fee amount may include, but are not limited to, “stop
work” orders, denial of building permits and/or final inspections at the discretion of the
Director of DDS, and/or permit revocation or modification as provided by Section 24-251 of
Butte County Code.
Timing: Monitoring costs shall be paid within 30 days of project approval.
Monitoring: The Butte County Department of Development Services shall ensure adequate
monitoring funds are available to ensure adequate ongoing Measure and condition of
approval monitoring.
7. Mitigation Measure #7:
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.
8. The telecommunication facilities shall comply with the applicable requirements under Butte
County Code Sections 24-181, 24-182, 24-186 and 24-187.
9. The telecommunication facilities shall comply with all applicable building and electrical
codes.
10. All facility operators shall submit certification from a registered structural engineer to the
building division that all associated monopoles and towers in excess of 30 feet in height will
withstand sustained winds as required by the California Building Code.
11. No advertising or commercial display is permitted on any telecommunication facility.
12. The placement of any antenna shall not adversely affect any on-site sewage disposal system
or its repair area without written approval from the Division of Environmental Health.
13. The installation of a facility shall not violate any existing deed restrictions.
14. All facilities shall have a 12-foot-wide all-weather access to a publicly maintained road
capable of supporting a 40,000-pound fire apparatus with 15 feet of vertical clearance.
15. There shall be no outdoor vehicle or equipment storage except for emergency purposes.
16. All facilities shall fall within current regulations of the FAA, the FCC, and any other State
and federal agency with the authority to regulate such facilities.
17. If federal or State regulations are changed, the property owner or responsible party shall bring
such facilities into compliance with revised regulations within 90 days of the effective date
of such regulations, unless a more stringent compliance schedule is mandated by the
controlling agency.
18. No facility or combination of facilities shall generate, at any time, electromagnetic frequency
radiation (EMF) or radio frequency radiation (RF) in excess of the FCC adopted standards
for human exposure.
19. Any facility determined by the County to be detrimental to the health, safety, or welfare of
persons working or residing near such facility, shall be removed, adjusted or replaced by the
property owner or service provider. In no case shall a facility remain in operation if it is
found to create a hazard to the public health, safety, and welfare.
20. Facilities that are not in use for a period of six months shall be considered abandoned and
shall be removed. Abandoned facilities shall be designated as unlawful and as public
nuisances, requiring no amortization period.
21. The owner or operator of a facility shall annually submit written verification that the radio
frequency radiation/electromagnetic frequency radiation (RF/EMF) emitted by a facility
conforms to safety standards in FCC OET 65. The reports prepared for facilities shall
conform to reporting requirements set by the FCC and the County.
22. Facilities shall be secured at all times to prevent access by the public.
23. Prior to issuance of the building permit for the installation of a telecommunications facility,
the applicant shall post a performance security in an amount and form determined by the
Zoning Administrator that is sufficient to cover the cost of a one-time test by a radio
frequency consultant selected by the County, sufficient to determine whether the facility’s
RF/EMF emissions comply with FCC standards.
24. If the facility’s emissions are determined to exceed FCC standards, the applicant shall pay
for such other tests and other corrective measures as are necessary to establish compliance
with FCC OET 65 and its successors. Continued noncompliance constitutes sufficient
grounds to commence a permit revocation hearing which may lead to permit revocation.
25. The applicant shall cooperate in all respects with the County’s consultant to assist the
consultant to reach a conclusion.
26. Prior to issuance of the building permit for the installation of a facility, the applicant shall
post a performance security in an amount and form determined by the Zoning Administrator
that is sufficient to cover the cost of removal of the facility in the event that such facility is
abandoned or subject to a revoked permit.
27. Within 30 days of the service provider’s intention of leaving the site, documentation of the
intention to remove the facility shall be provided to the County. The removal requirement
set forth in this section shall be included in the terms of lease for facilities on the property.
28. Within 60 days of abandonment, or discontinuance of use, of a telecommunications facility,
the operator shall secure a Demolition Permit from the County and the facility shall be
removed and the site restored to its pre-construction condition.
29. If an abandoned or discontinued facility is not removed within 60 days, the County may
remove the facility at the applicant’s or land owner’s expense.
Public Works
30. Prior to establishing use, obtain an encroachment permit and improve all new and existing
driveway approaches to publicly maintained roads as specified in the county improvement
standards and the terms of the encroachment permit. Prior to constructing facilities into,
under, over, above, or upon any public street in the unincorporated area of the county,
obtain a utility permit from the Butte County Public Works Department. Submittal of
improvement plans for review and approval by the Public Works Department may be
required depending on the facilities proposed.
31. Prior to establishing use, repair/restore private access road to like-kind conditions that
existed prior to construction of communication facility.
32. Prior to establishing use, deed to Butte County in fee simple 30 feet of right-of-way from
each side of the physical centerline (60 feet total width) of Humboldt Road along the entire
property frontage.
33. If grading for the project results in a disturbance (including clearing, excavation, filling
and grading) of one or more acres, a construction storm water permit will be required by
the State Water Resources Control Board. The permit must be obtained from the State
Water Resources Control Board prior to construction. If a construction storm water permit
is required, a note is to be placed on the site improvement plans that states: “The
development of this project required a construction storm water permit.” In addition the
WDID number issued by the State shall also be placed on the site improvement plans.
Construction activities that result in a land disturbance of less than one acre, but are part of
a larger common plan of development, also require a construction storm water permit.
Environmental Health
34. If required, submit a Hazardous Material Release Response Plan to Butte County
Environmental Health pursuant to the California Health and Safety Code.
Processing Fees
35. Prior to issuance of the Minor Use Permit, pay any outstanding project-related processing
fees.
I hereby declare under penalty of perjury that I have read the foregoing conditions that they are in
fact the conditions which were imposed upon the granting of this Minor Use Permit, and that I
agree to abide fully by said conditions.
Date: ______________________ ________________________________________________
Applicant