HomeMy WebLinkAboutUP14-0009 - COA
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Conditions of Approval:
Planning Division
1. Mitigation Measure #1:
To avoid creating substantial glare, the monopole and equipment attached thereto shall be
constructed of, or treated with, a flat finish material with a low light reflectivity value. The
pole shall be painted form a height of 10 feet above the ground to the top of the facility
with alternating aviation orange and white stripes. Any painted surfaces are to be
maintained during the life of this project.
Plan Requirements: The note shall be placed on all building and site development plans.
Timing: Requirements of the condition shall be adhered to throughout the life of the
project.
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.
2. Mitigation Measure #2:
The motion sensor lighting shall be fully shielded and directed downward so as to not create
any glare or excess light on adjacent parcels.
Plan Requirements: Building and site development plans shall indicate that all exterior
lighting, other than required obstruction lighting for the tower, shall be fully shielded and
directed downwards.
Timing: The requirements of this measure shall be adhered to at all times.
Monitoring: Department of Development Services staff shall conduct a field inspection
prior to use of the facility to verify that all exterior lights meet the requirements of this
mitigation measure. Building inspectors shall check and ensure compliance on-site.
3. Mitigation Measure #3:
Obstruction marking and lighting, consistent with the requirements (limited to marking and
lighting design only) of U.S. Department of Transportation Federal Aviation
Administration Advisory Circular AC70/7460-1K, is required at the top of the tower and
shall have a flashing or steady burning light that is shielded from the ground to prevent
visual impacts, unless the applicant can demonstrate that such measures are not required to
ensure compatibility with established air navigation practices in the immediate area.
Plan Requirements: Building and site development plans shall indicate the type of
lighting proposed.
Timing: The requirements of this measure shall be adhered to at all times.
Monitoring: Department of Development Services, as needed, shall conduct a field
inspection to verify that the lighting is consistent with approved type.
4. Mitigation Measure #4:
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:
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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.
5. Mitigation Measure #5 – (Special Status Species)
Prior to vegetation removal, grading or construction activities, the project proponent shall
retain a qualified biologist to conduct protocol-level surveys during the appropriate
flowering window for woolly rose-mallow (Hibiscus lasiocarpos var. occidentalis) (June -
September). Surveys shall be in compliance with survey protocols for plants species listed
under the California Endangered Species Act and Federal Endangered Species Act. A
report summarizing the findings of surveys will be prepared and submitted to the County
and the California Department of Fish and Wildlife. In the event sensitive species are
identified on the project site, avoidance of marked/mapped plant locations should be
considered in the design of project plans. If avoidance is not possible through design
revisions, prior to construction, the biologist shall consult with the California Department
of Fish and Wildlife to determine appropriate measures to replant or mitigate off-site. The
replanting area will be monitored for five years or until 100% success rate has be met to
determine the success of replanting efforts. The monitoring should include a record of
flowering versus vegetative plants observed, any observation of pollutants, herbivory, site
alteration from human activities or other risks to the site. Success is determined by the
number of relocated plants that survive and transplantation. If the success rate after five
years is below 75%, consultation with CDFW will be required to develop appropriate
remediation plans. A copy of the monitoring report shall be provided to the CDFW each
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year, and a new occurrence report shall be provided to the California Natural Diversity
Database.
Timing: Prior to and during vegetation removal, grading and construction.
Monitoring: Biologist and Development Services Department.
6. Mitigation Measure #6 - (Giant Garter Snake)
Prior to any surface disturbance (grading, excavation or constructions), the
applicant/developer shall obtain an Incidental Take Permit (ITP) from the California
Department of Fish & Wildlife for loss of upland habitat (i.e. lease area and additional
access drive) area. The applicant/developer shall mitigate off site in an approved habitat
mitigation bank for GGS.
Timing: Requirements of the mitigation measure shall be completed prior to any site
grading or construction and adhered to throughout all grading, excavation, and construction
periods.
Monitoring: Departments of Development Services will ensure that the requirements of
the mitigation measure shall be satisfied prior to site grading or construction. The onsite
inspectors of the Building Department will ensure that the requirements of the mitigation
measure are adhered to throughout all grading, excavation, and construction periods.
7. Mitigation Measure #7 - (Giant Garter Snake)
Construction related activities have the potential to impact the Giant Garter Snake (GGS).
Therefore, the following mitigation measure is required:
“Prior to any surface disturbance activities (grading, excavation or construction) on non-
paved areas, the developer shall implement the following measures, or measures which
may be adopted through the Butte Regional Habitat Conservation Plan/Natural Community
Conservation Plan, to avoid any impacts to Giant Garter Snake and the habitat upon which
it relies, or shall mitigate potential impacts to the satisfaction of the California Department
of Fish and Wildlife.
1. Construction activities should be conducted only between May 1 and October 1. This
is the active period for giant garter snake and direct mortality is lessened, because
snakes can be detected, and can move out of the way of machines and people to avoid
injury or death. (see #11 below for other option)
2. Twenty-four (24) hours prior to construction activities, the project area must be
surveyed by a qualified biologist for giant garter snakes and habitat upon which it relies.
The survey of the project area shall be repeated if a lapse in construction of two weeks
or greater has occurred. If a snake is encountered during construction, activities shall
cease until appropriate corrective measures have been completed or it is determined by
a qualified biologist that the snake will not be harmed. Sightings and/or incidental
harm to snakes shall be immediately reported to the Fish and Wildlife Services ((916)
414-6600) and the Department of Development Services ((530) 538-7601).
3. Based on the site survey, the qualified biologist must flag and designate snake habitat
areas to be avoided within or adjacent to the project area as Environmentally Sensitive
Areas. This area must be avoided by all construction personnel.
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4. Land clearing activities must be confined to the minimal area necessary to facilitate
construction activities. Limit vegetation clearing within 200 feet of the banks of
potential GGS aquatic habitat to the minimal area necessary.
5. Prior to ground disturbance (grading, excavation and construction), all on-site
construction personnel shall be given Fish and Wildlife Service-approved instruction
by a qualified biologist regarding how to recognize the presence of GGS and the
importance of avoiding impacts to these species and their habitats.
6. In areas where wetlands, irrigation ditches, marsh areas or other potential giant garter
snake habitats are being retained on the site:
a. Install temporary GGS exclusion fencing at the edge of the construction area and
the adjacent wetland, marsh, or ditch.
b. Restrict working areas, spoils and equipment storage and other project activities to
areas outside of marshes, wetlands and ditches.
c. Maintain water quality and limit construction runoff into wetland areas through the
use of hay bales, filter fences, vegetative buffer strips, or other accepted
equivalents.
7. After completion of construction activities, all temporary fill and construction debris
shall be removed whenever feasible and disturbed areas shall be restored to pre-project
conditions. Required restoration work may include replanting of species removed from
banks or replanting emergent vegetation in the active channel.
8. If construction is proposed between October 2 and April 30, prior to any ground
disturbance the project proponent shall conduct California Department of Fish and
Wildlife-recommended protocol level survey. Prior to any ground disturbance or
construction, the results of such survey shall be submitted to the Department of
Development Services. Prior to any ground disturbance or construction the Director of
the Department will identify and require appropriate mitigation measures, consistent
with the findings of the survey.
9. All requirements above shall be noted in full on the site plan for any development
permits (including but not limited to septic, well and building permits) issued by Butte
County.
Timing: Requirements of the mitigation measure shall be adhered to throughout all
grading, excavation, and construction periods.
Monitoring: Departments of Development Services will ensure that the requirements of
the mitigation measure shall be adhered to during construction. The onsite inspectors of
the Building Department will ensure that the requirements of the mitigation measure are
adhered to throughout all grading, excavation, and construction periods.
8. Mitigation Measure #8 - (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
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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.
9. Mitigation Measure #9 - (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 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.
10. Mitigation Measure #10 - (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,
■ UP14-0009 Conditions of Approval ■ Page 6 of 9 ■
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.
11. Mitigation Measure #11 - (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.
12. Mitigation Measure #12 - (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.
13. Mitigation Measure #13: 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
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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.
14. The telecommunication facilities shall comply with the applicable requirements under
Butte County Code Sections 24-181, 24-182, 24-186 and 24-187.
15. The telecommunication facilities shall comply with all applicable building and electrical
codes.
16. 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.
17. No advertising or commercial display is permitted on any telecommunication facility.
18. 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.
19. The installation of a facility shall not violate any existing deed restrictions.
20. 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.
21. There shall be no outdoor vehicle or equipment storage except for emergency purposes.
22. 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.
23. 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.
24. 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.
25. 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.
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26. 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.
27. 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.
28. 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.
29. Facilities shall be secured at all times to prevent access by the public.
30. 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.
31. 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.
32. The applicant shall cooperate in all respects with the County’s consultant to assist the
consultant to reach a conclusion.
33. 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.
34. 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.
35. 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.
36. 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
37. Prior to issuance of building permits, 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 the improvement plans for review and approval by the Public Works
Department may be required depending on the facilities approved.
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38. Prior to issuance of building permits, establish 100-year flood plain elevation for site and
set the lowest floor elevations for any structures in accordance with the Butte County Code
26-22. Site is also in the Sacramento River Designated Floodway – E and may be subject
to permitting through the Central Valley Flood Protection Board. Said permitting must be
completed prior to issuance of building permits.
Environmental Health
39. If required, submit a Hazardous Material Release Response Plan to Butte County
Environmental Health pursuant to the California Health and Safety Code.
Processing Fees
40. Prior to issuance of the Conditional 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.
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