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HomeMy WebLinkAboutUP14-0009 - CUP ■ UP14-0009 Conditional Use Permit ■ Page 1 of 10 ■ USE PERMIT BUTTE COUNTY PLANNING COMMISSION May 28, 2015 DATE: (Certified Mail Rec.) UP14-0009 PERMIT NO. 029-060-020 ASSESSOR’S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting is hereby granted a Conditional Use Permit for the development of a 124-foot tall monopole wireless communication tower, with 8 antennae (2 per sector) and up to 4 additional antennae (1 per sector) and 2 microwave dishes, equipment shelter and a standby generator. The facility footprint will be a 1,600 square foot enclosed 6-foot fenced (with barbed wire) lease area. A 15-foot wide access and utility easement between the wireless communications facility lease area to Aguas Frias Road is proposed. There is also a 6-foot utility easement proposed from the 15-foot easement to the existing power pole. 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) ■ UP14-0009 Conditional Use Permit ■ Page 2 of 10 ■ 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: 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. ■ UP14-0009 Conditional Use Permit ■ Page 3 of 10 ■ 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: 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 ■ UP14-0009 Conditional Use Permit ■ Page 4 of 10 ■ 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 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. ■ UP14-0009 Conditional Use Permit ■ Page 5 of 10 ■ 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. 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. ■ UP14-0009 Conditional Use Permit ■ Page 6 of 10 ■ 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 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) ■ UP14-0009 Conditional Use Permit ■ Page 7 of 10 ■ 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, 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 ■ UP14-0009 Conditional Use Permit ■ Page 8 of 10 ■ 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 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. ■ UP14-0009 Conditional Use Permit ■ Page 9 of 10 ■ 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. 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.