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HomeMy WebLinkAboutMUP16-0007 ZA Determination  Butte County Department of Development Services   Zoning Administrator Determination –MUP16-0007 Soper Company  Page 1 of 7  BUTTE COUNTY ZONING ADMINISTRATOR DECISION ZDN17-0016 MINOR USE PERMIT MUP16-0007 (Soper Company) A request by the Soper Company for a Minor Use Permit (MUP) 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, a propane powered generator with a 1,000-gallon tank, and back-up batteries to be stored in the equipment shelter, within a 2,500 square foot leased area. The project site will be accessed by gravel road from Bloomer Hill Road to serve the site. Two existing lattice towers (120 and 70 feet in height, respectively) will be removed as part of this project. APN 061-660-002 July 12, 2017 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 potentially 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 Soper Company, Planning Division File No. MUP16-0007, 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. 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. Finds that collection of fees pursuant to Fish and Wildlife 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 Wildlife 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)). III. Makes the following Minor Use Permit findings: A. The proposed use is allowed in the applicable zone. The project parcel is zoned TPZ (Timber Production Zone). The Timber Production Zone identifies new towers or poles as requiring a minor use permit unless the  Butte County Department of Development Services   Zoning Administrator Determination –MUP16-0007 Soper Company  Page 2 of 7  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. 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%  Butte County Department of Development Services   Zoning Administrator Determination –MUP16-0007 Soper Company  Page 3 of 7  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. 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, 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. IV. The Minor Use Permit complies with Section 24-181, General Requirements for Telecommunication Facilities as follows: 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  Butte County Department of Development Services   Zoning Administrator Determination –MUP16-0007 Soper Company  Page 4 of 7  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: 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  Butte County Department of Development Services   Zoning Administrator Determination –MUP16-0007 Soper Company  Page 5 of 7  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”. 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-  Butte County Department of Development Services   Zoning Administrator Determination –MUP16-0007 Soper Company  Page 6 of 7  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 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 no 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 V. The following section highlights 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  Butte County Department of Development Services   Zoning Administrator Determination –MUP16-0007 Soper Company  Page 7 of 7  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. VI. 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. VII. Approves Minor Use Permit MUP16-0007 for Soper Company, subject the findings and conditions in Exhibit “A”. A. The proposed use will comply with the applicable provisions of Butte County Code Chapter 24, Supplemental Use Regulations; Telecommunication Facilities and Conditional Use and Minor Use Permits. Conditions of approval have been applied to this project pursuant to the applicable requirements of Butte County Code Chapter 24. The project is in accord with the purposes of the TPZ (Tmber Production) Zone and the Butte County General Plan designation of Timber Mountain.