HomeMy WebLinkAboutUP14-0008 - Use Permit with Conditions
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USE PERMIT
BUTTE COUNTY PLANNING COMMISSION January 22, 2015
DATE:
UP14-0008
PERMIT NO.
064-650-030
ASSESSOR’S PARCEL NO.
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special
conditions set forth below: Verizon Wireless is hereby granted a Conditional Use Permit for an
85-foot tall monopine (i.e. a monopole designed to resemble a pine tree) wireless communication
tower, with 6 antennae (2 per sector), equipment shelter (12’ x 26’), a 168 gallon, 30kw diesel generator
in the equipment shelter. The facility footprint will be 1,200 square foot (SF) fenced lease area. A 15-foot
wide access and utility easement between the wireless communications facility lease area to Smokey
Way is proposed.
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 (BCC), Chapter 24, Article 34, Section 24-251 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 24-247 Time Limits and Extensions.
3. Minor changes as provided by BCC Chapter 24, Article 34, Section 24-26 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.
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)
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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:
The ground facility along the northern and eastern portions of the solar facility shall be
screened by vegetation from offsite residences and/or shall be located inside a structure
architecturally designed to be consistent with surrounding architecture. The architecture
design shall be approved by the zoning administrator. A landscaping plan shall be
submitted to the Department of Development Services. Vegetation type shall approved by
the Director of Development Services, or his designee.
Plan Requirements: Landscaping plan, including how the trees will be irrigated and
maintained shall be submitted to the Department of Development Services and/or
elevations and building materials shall be submitted with building plans for approval by
the zoning administrator.
Timing: Requirements shall be completed prior to finaling the building permit. The
requirements of the condition shall be adhered to throughout the life of the use permit.
Monitoring: Department of Development Services shall ensure that vegetation is planted
and maintained per the landscape plan and/or the ground facility is maintained per the life
of the use permit.
2. Mitigation Measure #2:
Security lighting for the ground equipment structures shall be in compliance with Butte
County Code, Chapter 24, Article 14, Outdoor Lighting, for residential zones to reduce
potential lighting and glare issues on adjacent residential uses.
Plan Requirements: The note shall be placed on all building and site development plans.
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Timing: Requirements of the condition shall be adhered to throughout the life of the use
permit.
Monitoring: Department of Development Services shall ensure that this note is placed on
all building and site development plans. Butte County Code Enforcement shall respond to
nuisance complaints.
3. Mitigation Measure #3:
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 ((855)
332-9400) 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. Mitigation Measure #4: 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.
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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.
5. Prior to establishing use, repair/restore Smokey Way to the like-kind condition that existed
prior to construction of the communication facilities.
6. The telecommunication facilities shall comply with the applicable requirements under
Butte County Code Sections 24-181, 24-182, 24-186 and 24-187.
7. The telecommunication facilities shall comply with all applicable building and electrical
codes.
8. 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.
9. No advertising or commercial display is permitted on any telecommunication facility.
10. 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.
11. The installation of a facility shall not violate any existing deed restrictions.
12. 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.
13. There shall be no outdoor vehicle or equipment storage except for emergency purposes.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
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19. All ground level support facilities shall be painted or screened from view with adequate
landscaping appropriate to the surrounding environment. All aesthetic treatments,
including landscaping, shall be maintained as approved for the life of the facility.
20. 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.
21. Facilities shall be secured at all times to prevent access by the public.
22. 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.
23. 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.
24. The applicant shall cooperate in all respects with the County’s consultant to assist the
consultant to reach a conclusion.
25. 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.
26. 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.
27. 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.
28. 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.
Environmental Health
29. If required, submit a Hazardous Material Release Response Plan to Butte County
Environmental Health pursuant to the California Health and Safety Code.
Processing Fees
30. Prior to issuance of the 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 Conditional Use Permit, and that
I agree to abide fully by said conditions.
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Date: ______________________ ________________________________________________
Applicant
NOTE: Issuance of this 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