Loading...
HomeMy WebLinkAboutMUP16-0007 Agenda Report ■ Butte County Department of Development Services ■ ■ July 12, 2017 ■ Agenda Report – MUP16-0007 Soper Company■ Page 1 of 14 ■ BUTTE COUNTY ZONING ADMINISTRATOR AGENDA REPORT – July 12, 2017 Applicant: Soper Company (Gregory Hutton) Parcel Size: 231.7 acres Owner: Soper Company Project Size: 2,500 SF (plus easements) File #: Minor Use Permit MUP16-0007 G.P.: Timber Mountain Request: A Minor Use Permit to construct a wireless telecommunication facility that includes a 180-foot tall self-supporting lattice tower with a 15-foot broadcast antenna, bringing the height to 195 feet, a 12’ x 20’ pre-fabricated unmanned equipment shelter, propane powered generator with a 1,000-gallon tank, back-up batteries to be stored in the equipment shelter within a 2,500 square foot leased area, and gravel road to serve the site. Two existing lattice towers are proposed to be removed as part of this project. Zoning: TPZ (Timber Production Zone) Zone Date: December 10, 2012 APN: 061-660-002 Supervisor District: 1 Planner: Mark Michelena Location: West side of Encina Grande Road and south of Bloomer Hill Road, approximately 4.3 miles northwest of the intersection of Encina Grande Road and Oroville- Quincy Highway in Berry Creek. Attachments: A: Zoning Administrator Decision approving MUP16-0007 with Exhibit A Conditions of Approval B: Zoning Map and Vicinity Map C: Initial Study/Mitigated Negative Declaration D: Applicant’s RF Statement & Site Justification E: Public Comments F: Plans ■ Butte County Department of Development Services ■ ■ July 12, 2017 ■ Agenda Report – MUP16-0007 Soper Company■ Page 2 of 14 ■ EXECUTIVE SUMMARY: Applicant Soper Company is requesting approval of a Minor Use Permit to construct a wireless telecommunication facility that includes a 180-foot tall self-supporting lattice tower with a 15-foot broadcast antenna, bringing the height to 195 feet, a 12’ x 20’ pre-fabricated unmanned equipment shelter, propane powered generator with a 1,000-gallon tank, back-up batteries to be stored in the equipment shelter within a 2,500 square foot leased area, and gravel road to serve the site. Two existing lattice towers are proposed to be removed as part of this project. Access to the facility will be provided by an access easement from Bloomer Hill Road. Staff recommends the Zoning Administrator adopt the Mitigated Negative Declaration pursuant to the California Environmental Quality Act (CEQA), and approve Minor Use Permit MUP16-0007, subject to findings and conditions in Attachment A of the report. PROJECT DESCRIPTION:  Applicant seeks to construct a wireless telecommunication facility that includes a 180-foot tall self-supporting lattice tower with a 15-foot broadcast antenna, bringing the height to 195 feet, a 12’ x 20’ pre-fabricated unmanned equipment shelter, propane powered generator with a 1,000- gallon tank, back-up batteries to be stored in the equipment shelter within a 2,500 square foot leased area, and gravel road to serve the site. Two existing lattice towers are proposed to be removed as part of this project.  Access to the facility will be provided by an access easement from Bloomer Hill Road.  No water or wastewater facilities are proposed. BACKGROUND: The proposed tower is to replace two existing towers (120 feet and 70 feet), which are not structurally sound. The existing equipment will be relocated onto the proposed tower. SITE CHARACTERISTICS:  The 231.7-acre project site is developed with four communication facilities, two (160 feet and 140 feet in height) which will remain and two (120 feet and 70 feet in height) which will be removed and replaced with the proposed 180 foot tower.  There is an existing access to the 2,500 square foot leased area off of Bloomer Hill Road that will be used for access to the communication facility.  The project parcel is located on Bloomer Hill, on the west side of Encina Grande Road and south of Bloomer Hill Road, in Berry Creek.  The project site has an approximate elevation 2,225 to 2,980 feet above sea level. The proposed lease area has an approximate elevation of 2,950 to 2,960 feet above sea level and has a gentle slope from north to south.  The remainder of the parcel is used for timber production. ■ Butte County Department of Development Services ■ ■ July 12, 2017 ■ Agenda Report – MUP16-0007 Soper Company■ Page 3 of 14 ■  The project parcel is identified on Federal Emergency Management Agency Flood Insurance Rate Maps as being located in flood zone “X” (unshaded).  The site is not located within an Alquist Priolo Earthquake Fault Zone.  Land uses surrounding the project site are characterized as communication facilities and timber production on Plumas National Forest land to the north, rural residential to the west, south and southeast and large timber production parcels.  There are no waterways on, or near, the project parcel. ■ Butte County Department of Development Services ■ ■ July 12, 2017 ■ Agenda Report – MUP16-0007 Soper Company■ Page 4 of 14 ■ ANALYSIS: Zoning Consistency  The project parcel is zoned TPZ (Timber Production Zone).  Wireless Communication Facilities are regulated by Article 26, Telecommunication Facilities, of the Butte County Code. The Purpose (Section 24-176) 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. G. Protect the public’s interest in the safe operation of emergency services such as air ambulance, medical and air evacuation, firefighting, law enforcement, search and rescue, vector control, and resource management.  The proposed project is to replace two existing substandard communication towers (120 feet and 70 feet) with the 180 foot communication tower. The proposed tower will collocate the existing equipment from two existing towers and also be able to include additional colocations in the future. Users of the existing towers include emergency medical service providers.  Additionally, this site will serve as a backup to the existing landline service in the area and will provide improved wireless communication, which is essential to first responders, community safety, local businesses and area residents. As a backup system to traditional landline phone service, mobile phones have proven to be extremely important during natural disasters and other catastrophes. In the future, customers from other carriers will also be able to receive better service.  The following section highlights Section 24-181, General Requirements for Telecommunication Facilities: 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.) 3. Minimum Setbacks for telecommunication facilities that are within a non-residential zone and located more than one thousand (1,000) feet from any residential zone or existing legally established residential dwellings may be reduced with the approval of a Minor Use Permit. To approve the reduced setback, the review authority shall find that: ■ Butte County Department of Development Services ■ ■ July 12, 2017 ■ Agenda Report – MUP16-0007 Soper Company■ Page 5 of 14 ■ a. Setback distances for the facility are greater than or equal to setbacks for primary structures in the applicable district, or a minimum of twenty (20) feet, whichever is greater. The proposed communication facility is located approximately 1,680 feet from the nearest residential zone and more than 1,500 feet from the nearest residential dwelling. The Timber Production zone requires a front setback of 20 feet for primary structures. The proposed tower is located 30 feet from the front property line. b. The facility is not located within a Scenic Highway (SH) overlay zone. The project parcel is not within a Scenic Highway overlay zone. The closest Scenic Highway overlay zone is located approximately 2.3 miles southeast of the project site. c. The facility is not located within five hundred (500) feet of any building or feature located on a State historic or cultural significant list. In researching the Office of Historic Preservation list of Cultural Historical Resources, there are no buildings or features within 500 feet of the facility. d. The facility is compatible and consistent with any applicable adopted airport land use plan, and the facility would not interfere with agricultural aircraft operations. The project site is not located within an airport compatibility zone. The nearest airports are, Paradise Airport which is located approximately 9 miles to the northwest, and Oroville Municipal which is located approximately 13.4 miles to the southwest. There are no agricultural operations within the project vicinity and therefore the facility will not impact agricultural aircraft operations. e. The facility does not create a hazardous condition to the general health, safety, or welfare. The project proposes to replace two existing communication facilities, ground- related equipment and propane tank, with one communication facility. The project will relocate the existing equipment from the two existing towers (120 feet and 70 feet) onto one 180-foot tower. The tower will have the ability to include additional colocations. 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 ■ Butte County Department of Development Services ■ ■ July 12, 2017 ■ Agenda Report – MUP16-0007 Soper Company■ Page 6 of 14 ■ 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 what the majority of the scientific community believes may pose a health risk to human populations. People living near the proposed communications facility have the potential to be exposed to limited radio-frequency (RF) emissions from the proposed facility. Existing wireless facilities located on two existing towers (proposed to be removed) onsite will be relocated to the proposed facility. An RF emissions study was prepared and determined the proposed facility will not exceed the FCC ET Docket 93-62 allowed levels. The maximum worst case level anywhere in the buildings or on the grounds will not exceed 9.84% of allowed levels for Occupational/Controlled Exposure or 49.18% of allowed levels for General Population/Uncontrolled. The nearest offsite residential dwelling to the proposed communication facility is located approximately 1,530 feet to the southwest. 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 the California Health and Safety Code”. A building permit is required for construction of the proposed communications facility, which will ensure the engineered structure will adhere to building safety standards in the California Building Code. f. Modifications or setback standards would not interfere with other standards or requirements within the Zoning Ordinance. The proposed setback, 30 feet, exceeds the required 20-foot front setback for primary structures in the Timber Production zone. B. Height. 1. The maximum height for telecommunication facilities in all zones shall be 100 feet, except in Commercial and Industrial zones where it shall be 150 feet. Section 24- 181B.1 specifies that the review authority may approve additional height based on justifiable need. The 180-foot height of the communication facility lattice tower (with an additional 15- foot broadcast antenna on top) is needed based on: The consolidation of existing ■ Butte County Department of Development Services ■ ■ July 12, 2017 ■ Agenda Report – MUP16-0007 Soper Company■ Page 7 of 14 ■ facilities from the two existing towers (with existing respective heights of 120 feet and 70 feet); the proposed tower location being approximately at a 30-foot lower elevation than the exiting two towers proposed to be removed; and for the ability of the new tower to provide additional collocation space for future carriers. The existing towers (AT&T and Verizon) are limited on the space available for the needed relocation of the existing facilities on the other two towers proposed to be removed and provide additional space for future cellular service providers. N. Distance Between Facilities. 1. A facility shall not be located within 1,000 feet of any other existing facility. The proposed project site is located within 1,000 feet of other existing communication facilities, both onsite and offsite; however they are unable to accommodate the existing carriers and services currently located on the two towers proposed to be removed and future carriers. 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 geological service area and the applicant’s network. The project site is already developed with four towers (160 feet, 140 feet, 120 feet and 70 feet). The 120-foot (with guyed wires) and the 70-foot tower will be removed. The addition of a 180-foot tower (with an additional 15 foot broadcast antenna) on top will not create any new significant visual impacts to the area. The nearest residences are located more than, 1,500 feet way. Based on this distance and the fact there are existing antennas in the project site area, the visual impacts will be negligible. The 180-foot height of the communication facility lattice tower (with an additional 15-foot broadcast antenna on top) is needed based on the location being approximately at a 30-foot lower elevation than the exiting two towers proposed to be removed and for the ability of the new tower to accommodate the existing radio and tower equipment on the existing two towers and provide additional collocation space for future carriers. The existing towers (AT&T and Verizon) are limited on the space available for the needed relocation of the existing facilities on the other two towers proposed to be removed and provide additional space for future cellular service providers. ■ Butte County Department of Development Services ■ ■ July 12, 2017 ■ Agenda Report – MUP16-0007 Soper Company■ Page 8 of 14 ■ 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. The project site is not within 1,000 feet of an agriculture or residential zone. General Plan Consistency General Plan goals and policies were evaluated in the context of the proposed project. Seven goals and eleven policies were identified as being applicable to the project. The following table identifies each applicable goal and policy, and a review of the project’s consistency with each policy. General Plan 2030 Goals and Policies Consistency Review CONSERVATION AND OPEN SPACE ELEMENT GOAL COS-1. Reduce greenhouse gas emissions to 1990 levels by 2020. Consistent. This goal is more specifically reviewed in the discussion of the policies below. COS-P1.1. Greenhouse gas emission impacts from proposed development projects shall be evaluated as required by the California Environmental Quality Act (CEQA). Consistent. The Initial Study, prepared pursuant to the CEQA, evaluated whether the proposed project would cause an adverse impact from greenhouse gas emissions, and whether the project is consistent with the Butte County CAP. COS-P1.2. New development projects shall mitigate greenhouse gas emissions on-site or as close to the site as possible. Consistent. Cal Green development measures will be applied in the design of the facility, with the use alternative fuels for construction equipment and limiting construction equipment idling times applied during construction. GOAL COS-2. Promote green building, planning and business. Consistent. This goal is more specifically reviewed in the discussion of the policies below. COS-P2.2. New development shall comply with Green Building Standards adopted by the California Building Standards Commission at the time of building permit application, including requirements about low- or no- toxicity building materials. Consistent. Cal Green development measures will be applied in the design of the facility, at the time of the building permit application. GOAL COS-5. Minimize air pollutant emissions. Consistent. This goal is more specifically reviewed in the discussion of the policies below. ■ Butte County Department of Development Services ■ ■ July 12, 2017 ■ Agenda Report – MUP16-0007 Soper Company■ Page 9 of 14 ■ General Plan 2030 Goals and Policies Consistency Review COS-P5.2. Developers shall implement best management practices to reduce air pollutant emissions associated with the construction and operation of development projects.* Consistent. The project includes an air quality mitigation measure that contains best management practices in the suppression of dust and other air pollution emissions during construction activities. GOAL COS-15. Ensure that new development does not adversely impact cultural resources. Consistent. This goal is more specifically reviewed in the discussion of the policies below. COS-P15.1. Areas found during construction to contain significant historic or prehistoric archaeological artifacts shall be examined by a qualified consulting archaeologist or historian for appropriate protection and preservation. Historic or prehistoric artifacts found during construction shall be examined by a qualified consulting archaeologist or historian to determine their significance and develop appropriate protection and preservation measures.* Consistent. Mitigation measures have been included that address the recovery of cultural resources, and identification of human remains, should any be discovered through future grading activities on the resultant parcels. COS-P15.2. Any archaeological or paleontological resources on a development project site shall be either preserved in their sites or adequately documented as a condition of removal. When a development project has sufficient flexibility, avoidance and preservation of the resource shall be the primary mitigation measure.* Consistent. Mitigation measures have been included that address the recovery of cultural resources, and identification of human remains, should any be discovered through future grading activities on the resultant parcels. GOAL COS-16. Respect Native American culture and planning concerns. Consistent. This goal is more specifically reviewed in the discussion of the policies below. COS-P16.4. If human remains are located during any ground disturbing activity, work shall stop until the County Coroner has been contacted and, if the human remains are determined to be of Native American origin, the NAHC and most likely descendant have been consulted.* Consistent. Mitigation measures have been included that address the recovery of cultural resources, and identification of human remains, should any be discovered through future grading activities on the resultant parcels. GOAL COS-17. Maintain and enhance the quality of Butte County's scenic and visual resources. Consistent. This goal is more specifically reviewed in the discussion of the policies below. COS-P17.1. Views of Butte County's scenic resources, including water features, unique geologic features and wildlife habitat areas, shall be maintained.* Consistent. No scenic resources were identified within the project area that would be adversely impacted by the proposed project, including any substantial water features, unique geological features, or wildlife habitat areas. HEALTH AND SAFETY ELEMENT GOAL HS-1. Maintain an acceptable noise environment in all areas of the county. Consistent. This goal is more specifically reviewed in the discussion of the policies below. ■ Butte County Department of Development Services ■ ■ July 12, 2017 ■ Agenda Report – MUP16-0007 Soper Company■ Page 10 of 14 ■ General Plan 2030 Goals and Policies Consistency Review HS-P1.7. Applicants for discretionary permits shall be required to limit noise-generating construction activities located within 1,000 feet of residential uses to daytime hours between 7:00 a.m. and 6:00 p.m. on weekdays and non-holidays. Consistent. The project is subject to the County's noise control ordinance, which requires that construction activities occur during daytime hours to be exempt from the County's noise standards. HS-P1.8. Noise from generators shall be regulated near existing and future residential uses. Consistent. Proposed use of generators at the facility are subject to the County's noise control ordinance. HS-P1.9. The following standard construction noise control measures shall be required at construction sites in order to minimize construction noise impacts: (a.) Equip all internal combustion engine driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment. (b.) Locate stationary noise-generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area. (c.) Utilize quiet air compressors and other stationary noise-generating equipment where appropriate technology exists and is feasible.* Consistent. Noise control measures are standard in the construction industry and are commonly used to minimize noise impacts to surrounding uses. Criteria for Granting a Minor Use Permit The criteria for granting a minor use permit for the 180-foot tall tower (with an additional 15 foot antenna on top) and ground equipment derive both from the generally criteria for granting all use permits (BCC Section 24-222) as well as the specific criteria for Monopole Facilities (BCC section 24-183 C 1 & 2). BCC section 24-222 Findings A. The proposed use is allowed in the applicable zone. The project is zoned TPZ (Timber Production Zone). The Timber Production Zone identifies new towers or poles as requiring a minor use permit unless the telecommunication facility is located within 1,000 feet of a residential zone. The telecommunication facility is located not within 1,000 feet of a residential zone, so therefore, a minor use permit is required. 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 proposed project is located in a 2,500 square foot leased area along the northern parcel boundary of a 271.3 acre parcel. The project vicinity also includes five other communication facilities, four of which are on the project parcel. The proposed communication facility will replace two existing communication facilities. The rest of the parcel is used for timber production. The proposed communication facility will not impact the existing and future land uses on site or in the vicinity. ■ Butte County Department of Development Services ■ ■ July 12, 2017 ■ Agenda Report – MUP16-0007 Soper Company■ Page 11 of 14 ■ C. The proposed use will not be detrimental to the public health, safety, and welfare of the County. The project proposes to replace two existing communication facilities, ground-related equipment and propane tank, with one communication facility. The project will relocate the existing equipment from the two existing towers (120 feet and 70 feet) onto one 180-foot tower. The tower will have the ability to include additional colocations. 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 what the majority of the scientific community believes may pose a health risk to human populations. People living near the proposed communications facility have the potential to be exposed to limited radio-frequency (RF) emissions from the proposed facility. Existing wireless facilities located on two existing towers (proposed to be removed) onsite will be relocated to the proposed facility. An RF emissions study was prepared and determined the proposed facility will not exceed the FCC ET Docket 93-62 allowed levels. The maximum worst case level anywhere in the buildings or on the grounds will not exceed 9.84% of allowed levels for Occupational/Controlled Exposure or 49.18% of allowed levels for General Population/Uncontrolled. The nearest offsite residential dwelling to the proposed communication facility is located approximately 1,530 feet to the southwest. 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 the California Health and Safety Code”. ■ Butte County Department of Development Services ■ ■ July 12, 2017 ■ Agenda Report – MUP16-0007 Soper Company■ Page 12 of 14 ■ A building permit is required for construction of the proposed communications facility, which will ensure the engineered structure will adhere to building safety standards in the California Building 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 site is served by Encina Grande and Bloomer Hill Roads, both private roads, which are sufficient for the construction and maintenance of the proposed facility. The project would not increase the level of demand for fire protection service needed on the site because communication towers 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 proposed project is located on the northwest boundary of the subject parcel. The subject parcel is located in a rural area with a mix of timber production land a residential. The project parcel size, 231.7 acres, already includes four existing communication facilities (two of which will be removed and replaced the proposed facility). The project proposes a 2,500 square foot lease area for the new facility. This small area will not restrict the ongoing timber production for the rest of the parcel. 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 and traffic would be required to install the proposed tower and ground related equipment.  The project site is not located within an Airport Compatibility Zone. Agency Review  The project application materials were circulated to, Environmental Health, Public Works/Land Development, Cal Fire/Butte County Fire, Assessor’s Office, and NAVFACSW Intergovernmental Branch AM-3. 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 thirty day period starting June 10, 2017 through July 10, 2017. Notices regarding ■ Butte County Department of Development Services ■ ■ July 12, 2017 ■ Agenda Report – MUP16-0007 Soper Company■ Page 13 of 14 ■ 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  Biological  Cultural Resources The Initial Study, which is attached to this agenda report, recommended five 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 received one written comment and four phone calls regarding the proposed communication facility as of the date of preparation of this report. The following issues were raised: 1. Impacts to Encina Grande Road Encina Grande Road is a road of local access (not a County maintained) that provides access to existing uses and that Solar Company has right to use it to access it’s property. This project is only a small contributor to the total amount of traffic that accesses the road. The only additional traffic will be for construction purposes, which will be limited in amount of trips and duration. Aside from construction traffic, vehicle trips to the site will be virtually the same as it is currently. 2. Heath concerns The project proposes to replace two existing communication facilities with one new facility. The existing communication equipment will be located on the new tower. The proposed facility will allow for additional collocations. The project applicant submitted an RF Report that concluded that RF emissions are currently at 49% of allowable FCC levels for the general population near the project site. Based on the distance of the nearest residential dwellings, the level would be significantly lower for the general population offsite. Future collocation will be required to provide information on additional RF emissions and their compliance with applicable FCC standards. 3. Large propane tank There is already an existing 1,000 propane tank serving the two existing facilities to provide back-up power in case of a power outage. As part of the proposed project, the propane tank will be relocated to the new facility site. The use of propane was done to minimize risk of ■ Butte County Department of Development Services ■ ■ July 12, 2017 ■ Agenda Report – MUP16-0007 Soper Company■ Page 14 of 14 ■ environmental contamination due to potential spillage of diesel fuel, to reduce the threat of someone trying to steal diesel, and to reduce impacts to air quality from particulate emissions. 4. Traffic on Encina Grande Road from existing facilities. This project is not responsible for the traffic generated by other communication facilities located on site or on the adjacent parcel to the north that generates vehicle trips on Encina Grande Road. Aside from a limited increase in traffic during construction, the proposed tower will not result in an increase in existing traffic. 5. Additional development in the area which creates additional traffic on the road. Future development that may occur in the area resulting in additional vehicle trips on Encina Grande is not the result of the proposed communication facility.