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HomeMy WebLinkAboutUP14-0009 - IS-MND - Updated DEVELOPMENT SERVICES DEPARTMENT BUTTE COUNTY INITIAL STUDY AND PROPOSED MITIGATED NEGATIVE DECLARATION FOR CONDITIONAL USE PERMIT UP14-0009 (Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting) Note: The following modifications and corrections were made: 1. Page 12 – Modified the response for consistency with Policy P7.4. Additional language shown as underlined and deleted language shown as strike-through. 2. Page 13 – Added response for consistency with Policy P9.2. Additional language shown as underlined. 3. Pages 18 & 39 – Mitigation Measure #9. Changed the word “will” to “shall” and moved “to the Department (added in “of Development Services) and the applicant developer” within the mitigation. 4. Pages 19 & 39 – Mitigation Measure #10. Changed the word “will” to “shall” in two locations. 5. Page 29 – Modified response under #2. Additional language shown as underlined and deleted language shown as strike-through. Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 1 of 45 ■ COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY & PROPOSED MITIGATED NEGATIVE DECLARATION FOR CONDITIONAL USE PERMIT UP14-0009 (Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting) 1.0 PROJECT INFORMATION A. Applicant/Owner: Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting /Harris Landowning Corp B. Staff Contact: Mark Michelena, Senior Planner (530) 538-7376, mmichelena@buttecounty.net C. Project Name: Conditional Use Permit UP14-0009 D. Project Location: 4409 Aguas Frias Road, northwest of Biggs. The parcel is located at northwest corner of Aguas Frias Road and State Highway 162. E. Type of Application: Conditional Use Permit F. Assessor’s Parcel Number: 029-060-020 G. Project Parcel Size: 321 acres Lease area size: 1,600 square feet (SF) exclusive of easements. 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. H. Zoning (current): AG-80 (Agriculture 80-acre minimum) I. General Plan Designation: Agriculture J. Environmental Setting: The 321-acre project parcel is developed with an existing residence, accessory structures in the southeast corner of the parcel. Except for a small riparian area west of the project area, the remainder of the parcel is in rice production. A drainage ditch is located along the southern portion of the project parcel adjacent to State Highway 162. The location of communication facility is in a clearing of grasses and dirt. Other than the communication facility area and access road, no land disturbance will occur. Surrounding parcels are also in rice production. No trees are proposed to be removed. The parcel has access off of a county-maintained road, Aguas Frias Road. The monopole and ground equipment are proposed to be located within a 1,600 square foot lease area in the already developed/disturbed southeast corner of the project parcel. 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. The project parcel is located northwest of Biggs. Other than a drainage ditch south of, and riparian area west of the project site area, there are no waterways in the project site area. Butte Creek is located approximately 2,950 feet west of the communication facility. The project site has an approximate elevation of 75 feet above sea level and is generally level. The project parcel and proposed lease area is identified as flood zone “A.” The site area is also within the Sacramento River Designated Floodway “E”. The parcel is not within an Airport Compatibility Zone. The site is not located within an earthquake fault zone. Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 2 of 45 ■ K. Surrounding Land Uses: Direction General Plan Designation Zoning Existing Land Use(s) North Agriculture AG-80 Rice Production East Agriculture AG-80 Rice Production South Agriculture AG-80 Rice Production West Agriculture AG-80 Rice Production L. Project Description: The applicant (Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting) is requesting a Conditional Use Permit for the development of an 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. The monopine is located to meet the necessary setback requirements from the property lines. A building permit is required for the proposed monopole and associated ancillary equipment. Once constructed and operational, the communications facility would provide 24-hour service to customers seven days a week. Apart from initial construction activity, no personnel will be stationed at the site. Routine maintenance and inspection of the facility would occur once a month during normal business hours. No water or sewer service is required as the site would normally be unmanned. M. Public Agency Approvals: Butte County Planning Division, Butte County Building Division, Butte County Fire Department/CDF, Butte County Public Works Department. 2.0 DETERMINATION [ ] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [X] I find that although the proposed project COULD have a significant effect on the environment, there will NOT be a significant effect in this case because revisions have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. [ ] I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [ ] I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. [ ] I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 4 of 45 ■ 3.0 POTENTIALLY SIGNIFICANT EFFECTS CHECKLIST SETTING A. Environmental Factors Potentially Affected: The environmental factors checked below could be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages. [X] 4.1 Aesthetics [X] 4.2 Agriculture Resources [X] 4.3 Air Quality [X] 4.4 Biological Resources [ ] 4.7 Greenhouse Gas Emissions [ ] 4.10 Land Use [X] 4.5 Cultural Resources [ ] 4.8 Hazards/Hazardous Material [ ] 4.11 Mineral Resources [ ] 4.6 Geologic Processes [ ] 4.9 Hydrology/Water Quality [X] 4.12 Noise [ ] 4.13 Housing [ ] 4.14 Public Services [ ] 4.15 Recreation [ ] 4.16 Transportation/Traffic [ ] 4.17 Utilities/Service Systems [X] 4.18 Mandatory Findings of Significance Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 5 of 45 ■ 4.0 ENVIRONMENTAL IMPACTS: 4.1 AESTHETIC/VISUAL RESOURCES: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Have a substantial adverse effect on a scenic vista? X b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? X c. Substantially degrade the existing visual character or quality of the site and its surroundings? X d. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? X Impact Discussion: (a.)(b.)(c.) Less Than Significant Impact. The project site is located on the northwest corner of State Highway 162 and Aguas Frias Road. State Highway 162 and Aguas Frias Road are not designated as a State or County scenic highway (Butte County Scenic Highway Map). Surrounding uses include agricultural uses (rice fields). Natural physical characteristics of the project site area have been disturbed by the development of a residential dwelling and accessory structure. The top of the monopole would be 124 feet above ground level. Eight panel antennae are proposed to be centered at the 120-foot level. Additionally, four additional future antennae and two microwave dishes are proposed (height to be determined). Related equipment includes a prefabricated equipment shelter and a standby generator on a concrete pad. The equipment will be located within a 1,600 square foot leased area, enclosed by 6-foot fence (with barbed wire). Communication cables running from the facility to the existing PG&E power poles will be underground within the a 6-foot easements. The nearest off-site structures from the proposed monopole are approximately as follows: Distance (miles) Direction Address Land Use 1.3 S 4105 Aguas Frias Road Residence/Rice 1.4 W Glenn County CAF&W/Ag Processing 2.5 W Glenn County Residence/Ag Processing 2.6 E 2578 Hwy 162 Residence/Ag Processing The applicant supplied photo simulations of the proposed monopole as seen from different locations in the project area. Please see Appendix A to this study. Wireless communication monopoles can present a negative aesthetic impact due to their high visibility and metal construction; however, the nearest off-site residence is located approximately 1.3 miles from the proposed monopole. Moreover, the lease area is located within an existing orchard. The monopole at 124 feet in height will be visible in the surrounding area, but associated equipment will generally be shielded by the fence from view from State Highway 162 and Aguas Frias Road. Based on these distances, location proposed is not expected to result in a significant impact to scenic vistas and to the area’s visual aesthetics for the purpose of CEQA. Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 6 of 45 ■ (d.) Less Than Significant Impact with Mitigation Incorporated. To ensure that the proposed monopole does not create substantial glare, Mitigation Measure # 1 is recommended that requires that the monopole be finished with a low light reflectivity value material and painted in alternative aviation orange and white stripes. Lighting proposed will include a motion sensor controlled light on the equipment shelter. The motion sensor lights on the equipment shelter could cause potentially create glare and excess light on the adjacent parcels. To prevent this impact, Mitigation Measure #2 is recommended that requires the motion sensor lighting will be fully shielded and directed downwards. Discussion of potential lighting on top of the tower is discussed in Section 4.2 (Agricultural Resources). Mitigation Measure #3 is included to address potential impacts of lighting at the top of the tower. 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. 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. 4.2 AGRICULTURE RESOURCES: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? X b. Conflict with existing zoning for agricultural use, or a Williamson Act Contract? X c. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? X Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 7 of 45 ■ Impact Discussion: (a.) No Impact. The project site is zoned AG-80 (Agriculture 80-acre minimum). The AG-80 zone allows wireless communications facilities with approval of a Conditional Use Permit pursuant to Butte County Code Article 26, Section 24-179 (Table 24-179-1) and 24-262(d). The project site is designated as Agriculture, with surrounding land uses agricultural uses (rice fields). The project parcel is primarily in rice production. The southeast corner of the parcel is developed with a residential dwelling and accessory structures. The proposed communication facility is located in the southeast corner portion. The rice field portion of the parcel is identified as “Prime Farmland” in the Farmland Mapping and Monitoring Program (FMMP). The project site area is identified as “Other Lands”. The project will not impact any of the identified “Prime Farmland”. In February 2010, the California Resources Agency issued the Important Farmlands Map for Butte County identifying Prime Farmland, Farmland of Statewide Importance, Unique Farmland, and Grazing land. The “Other Lands” designation is described as: Land not included in any other mapping category. Common examples include low density rural developments; brush, timber, wetland, and riparian areas not suitable for livestock grazing; confined livestock, poultry or aquaculture facilities; strip mines, borrow pits; and water bodies smaller than forty acres. Vacant and nonagricultural land surrounded on all sides by urban development and greater than 40 acres is mapped as Other Land. The proposed project would not result in conversion of prime agricultural land. The proposed communications facility, which will require minimal earth work or vegetation clearance. (b.) Less Than Significant Impact. The project parcel is approximately 321 acres. Over 98% of the site is in agricultural production (rice fields). The proposed project will be located in an area that is not currently being used for agricultural production. The project site area is located on the east side of a riparian area where it is developed with a residential dwelling and accessory structures. The project parcel is subject to a Williamson Act agreement. Also, the parcel to the west and parcels to the east across Aguas Frias Road are subject to a Williamson Act agreement. Section 51238 of the California Government Code provides that the “erection, construction, alteration, or maintenance of…communication…facilities are …compatible uses in any agricultural preserve”, unless the Board of Supervisors makes a specific finding to the contrary. Under Rule 3.B.8 of the Butte County Williamson Act Rules and Procedures, the Board of Supervisors has found that, where they are an accessory use to a primary agricultural use on Williamson Act lands, public utility transmission and delivery lines consistent with Section 51238 are compatible with the Williamson Act, as long as they are incidental, related, appropriate, and clearly subordinate to the primary agricultural use. The communication facility site will be located in a 1,600 square foot leased area, surrounding by development, including a residential dwelling and accessory structures. No existing agricultural use will be removed to allow for the communication facility, including the access and utility easements. The majority of the site, approximately 314.5 acres (98%) is in, and will remain, as rice fields. The communication tower and facility is clearly incidental to the agricultural use. The proposed communication facility is consistent with the accessory uses identified under Rule 3.B. Based on the above information, a Williamson Act Committee recommendation is not required for the proposed project. (c.) Less Than Significant with Mitigation Incorporated. The Agricultural Commissioner’s Office and local aerial applicators reviewed the project and commented that the project may pose a hazard to agricultural aviation and an adverse impact to necessary agricultural aerial application in this agricultural area. The aerial applicators identified that while the tower will pose a risk, they will adjust and work around the tower as long as the tower is properly painted and lighted per FAA requirements. The Agricultural Commissioner’s Office defers to the NAAA (National Agricultural Aviation Association) as the subject matter specialist. The Agricultural Commissioner’s Office included the following NAAA Tower Safety Guidelines: - Petitions for constructing towers should be provided to the local and state or regional agricultural aviation association no later than 30 days before tower construction permits are considered for approval. Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 8 of 45 ■ Local aerial applicators were notified of the proposed communication facility. While they identified that the communication tower will provide a hazard/risk to their aerial operations on the surrounding rice fields, they will adjust/work around the tower, but it should be properly painted and lighted per FAA requirements. - Towers should not be erected on prime agricultural land or inhibit aerial applicators’ access to prime agricultural land. The proposed communication facility will be located on land identified as “Other Land”, not “Prime Land”. Local aerial applicators were notified of the proposed communication facility. While they identified that the communication tower will provide a hazard/risk to their aerial operations on the surrounding rice fields, they will adjust/work around the tower, but it should be properly painted and lighted per FAA requirements - If a proposed tower is to be constructed on prime agricultural land or in the vicinity of such land in such a way that may inhibit an aerial applicator’s access, person(s) that own and/or farm such land should be made aware by the entity responsible for that tower that the proposed tower may result in the land no longer being accessible to aerial applicators and in the event of a pest outbreak or plant disease, a crop on such land may be put in jeopardy of not being treated. Landowners and or farmers within at least a one-half mile radius of a proposed tower should be notified by the sponsoring entity of the tower. The proposed project site are is not identified as prime agricultural land. Landowners and occupants within one-half mile were notified of the proposed project and hearing. - In the event that a proposed tower is constructed on prime agricultural land or in the vicinity of such land, towers should be freestanding without guy wires. Furthermore, towers should be lit and well-marked so they are clearly visible to aerial applicators. Landowners and occupants within one-half mile were notified of the proposed project and hearing. The proposed tower is a monopole and will not have any guy wires. Section 4.1 (Aesthetics) includes two mitigations that require the tower to be painted in alternative aviation orange and white stripes and lighting at the top of the tower. - In the event that a number of proposed towers are to be constructed on prime agricultural land or in the vicinity of such land, the towers should be constructed in a linear pattern, not a disordered, clustered pattern that would make an area completely inaccessible by air. The tower is proposed to be 124 feet in height and the objective is to both fill in a gap in coverage in Butte County, as well as to provide support capacity to the existing overloaded facilities (Nelson, Oroville, and Biggs). The increase in wireless signal strength will benefit residents in the area, local businesses and public safety systems. The 124-foot tower would also allow for collocations, which would reduce the need for additional towers on the surrounding prime agricultural lands. 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. Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 9 of 45 ■ 4.3 AIR QUALITY: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Conflict with or obstruct implementation of the applicable air quality plan? X b. Violate any air quality standard or contribute substantially to an existing or projected air quality violation? X c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? X d. Expose sensitive receptors to substantial pollutant concentrations? X e. Create objectionable odors affecting a substantial number of people? X Impact Discussion: Both the California Air Resources Board and the Environmental Protection Agency have established air pollution standards in an effort to protect human health and welfare. Geographic areas are designated “attainment” if these standards are met and “nonattainment” if they are not met. In addition, each agency has several levels of classifications based on severity of the problem. Butte County and all northern Sacramento Valley Air Districts have been designated as “moderate” nonattainment areas for the state standards for ozone (O3) and fine particulate matter (PM10). Currently, Butte County is in attainment for all the federal (less stringent) air quality standards. One emergency, diesel-powered generator is proposed to be installed at the proposed communications facility. The Generator is for emergency use only, therefore the project would not create on-going emissions. (a.)(b.)(c.)(d.) Less Than Significant Impact with Mitigation Incorporated. Construction activities, a source of organic gas emissions, will be limited to the monopole, and related ground equipment. During construction, various diesel-powered vehicles and equipment would be in use. Construction diesel emissions are temporary, affecting an area for a period of days or perhaps weeks. Additionally, construction-related sources are mobile and transient in nature. Because of its temporary duration and the limited area of disturbance, health risks from construction emissions of diesel particulate would be less-than-significant impact. The project is not expected to create any significant amounts of fugitive dust, oxides of nitrogen, or reactive organic gases emissions. One standby, diesel-powered generator is proposed to be installed at the proposed communications facility. The Generator is for emergency use only, therefore the project would not create on-going emissions. The ongoing project is not expected to generate any significant amounts of fugitive dust because the only soil disturbance would be some very minor excavation for the concrete slabs that the equipment cabinets, ground cables and electrical service. Construction dust would affect local air quality at various times during construction of the proposed project. The dry, windy climate of the area during the summer months creates a high potential for dust generation when and if underlying soils are exposed. Clearing, grading and earthmoving activities have a high potential to generate dust whenever soil moisture is low and particularly when the wind is blowing. The effects of construction activities would be increased dust fall and locally elevated levels of particulates downwind of construction activity. Construction dust has the potential to create a nuisance at nearby properties or at previously Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 10 of 45 ■ completed portions of the proposed project. In addition to nuisance effects, excess dustfall can increase maintenance and cleaning requirements and could adversely affect sensitive electronic devices. Due to its limited construction and operational scope, the project would not conflict with or obstruct implementation of the applicable air quality plan. Negligible amounts of emissions would be generated by construction equipment during site development activities, because of the limited amount of construction equipment and time needed to install the extension, antennas, and equipment cabinets. The limited scope of the project’s construction and operational phases will have no impact upon any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard. The project may create fugitive dust emissions during site development activities, such as grading, excavation for trenching and utilities, and other soil work. The Butte County Air Quality Management District (BCAQMD) recommends incorporating measures to control fugitive dust emission for all road and other construction activities during project development, using such methods as site and driveway watering and/or use of other acceptable soil palliatives. (e.) No Impact. The proposed monopine and ground related equipment will not use anything that will generate objectionable odors to the surrounding properties or area. 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. Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 11 of 45 ■ 4.4 BIOLOGICAL RESOURCES: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? X b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? X c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 or the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means)? X d. Interfere substantially with the movement of any native resident or migratory fish and wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? X e. Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy ordinance? X f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? X g. A reduction in the numbers, a restriction in the range, or an impact to the critical habitat of any unique, rare, threatened, or endangered species of animals? X h. A reduction in the diversity or numbers of animals onsite (including mammals, birds, reptiles, amphibians, fish or invertebrates)? X i. A deterioration of existing fish or wildlife habitat (for foraging, breeding, roosting, nesting, etc.)? X j. Introduction of barriers to movement of any resident or migratory fish or wildlife species? X k. Introduction of any factors (light, fencing, noise, human presence and/or domestic animals) which could hinder the normal activities of wildlife? X Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 12 of 45 ■ Setting Butte County is located in a Mediterranean climate that is characterized by mild winters and dry summers. The County is comprised of two environments: the Sierra Foothills, and the northern portion of California’s Central Valley. The project site is located on the valley floor, in the south western portion of the county. The project parcel and surrounding area is primarily in rice production. The project site area, a 1,600 square foot leased area, along with the access and utility easements, is located in the southeast corner of the project parcel and is developed with a residential dwelling and accessory structures. The project site area is largely vegetated by disturbed areas of annual grasses and forbs. There is a small riparian area located west of the project site area and a drainage ditch located south of the project site area. The April 22, 2011 Draft Butte Regional Conservation Plan (BRCP) Biological Constraints Map indicates that project area is considered to be an area of Moderate biological constraint within the BRCP. The adjacent riparian area is identified as a Very High biological constraints area. General Plan Polices Regarding Biological Resources The following polices from the General Plan Conservation and Open Space (COS) Element may be applicable to this project. Those polices which are noted with an (*) are mandatory polices required by the General Plan for mitigation of potential adverse environmental affects: COS-P7.4 “New development projects shall mitigate their impacts in habitat areas for protected species through on- or off-site habitat restoration, clustering of development, and/or project design and through the provisions of the Butte Regional Habitat Conservation Plan (HCP) and Natural Community Conservation Plan (NCCP) within the HCP/NCCP Planning Area, upon the future adoption of the HCP/NCCP.*” The project site is in an area of disturbed grassland and includes an existing residence and accessory structures. The site location has been chosen to reduce the number of oak trees to be removed. Mitigation measures are included that address impacts to wildlife and their habitat. COS-P7.5 “No new development projects shall occur in wetlands or within significant riparian habitats, except within the Butte Regional Habitat Conservation Plan (HCP) and Natural Community Conservation Plan (NCCP) Planning Area where such development is consistent with the conditions of the HCP/NCCP, upon the future adoption of the HCP/NCCP.*” The BRCP Landcover Map has identified the project area as rice land, although there is no rice grown in the project area. The riparian area west of the project site area is identified as emergent wetlands. COS-P7.8 “Where sensitive on-site biological resources have been identified, construction employees operating equipment or engaged in any development-associated activities involving vegetation removal or ground disturbing activities in sensitive resource areas shall be trained by a qualified biologist and/or botanist who will 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.*” COS-9 Protect identified special-status plant and animal species. COS-P9.1 “A biological resources assessment shall be required for any proposed development project where special-status species or critical habitat may be present. Assessments shall be carried out under the direction of Butte County. Additional focused surveys shall be conducted during the appropriate season if necessary. Upon adoption of the Butte Regional Habitat Conservation Plan (HCP) and Natural Community Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 13 of 45 ■ Conservation Plan (NCCP), assessment requirements of the HCP/NCCP shall be implemented for development projects within the HCP/NCCP area.*” The project parcel and surrounding area is primarily in rice fields. The project site itself is located in an area that is developed with a residence and accessory structures. Vegetation in the project site area is disturbed grasses and forbs. There is a riparian area located to the west and a drainage ditch to the south. The project site has the potential to support a special-status plant species; woolly rose-mallow (Hibiscus lasiocarpos var. occidentalis). Protocol-level survey shall be conducted by a qualified biologist during the species’ flowering period (July – September) to verify these species continue to not be present prior to vegetation removal, grading or construction activities in the project area. COS-P9.2 “If special-status plant or animal species are found to be located within a development site, proponents of the project shall engage in consultation with the appropriate federal, State and regional agencies and mitigate project impacts in accordance with State and federal law. Upon adoption of the Butte Regional Habitat Conservation Plan (HCP) and Natural Community Conservation Plan (NCCP), mitigation requirements of the HCP/NCCP shall be implemented for development with the HCP/NCCP area. Examples of mitigation may include:*” a. Design the proposed project to avoid and minimize impacts.* b. Restrict construction to specific seasons based on project-specific special-status species issues (e.g. minimizing impacts to special-status nesting birds by constructing outside of the nesting season).* c. Confine construction disturbance to the minimum area necessary to complete the work.* d. Mitigate for the loss of special-status species by purchasing credits at an approved conservation bank (if a bank exists for the species in question), funding restoration or habitat improvement projects at existing preserves in Butte County or purchasing or donating mitigation lands of substantially similar habitat.*” e. Maintain a minimum 100-foot buffer on each side of all riparian corridors, creeks and streams for special-status and common wildlife.*” f. Establish setbacks from the outer edge of special-status species habitat areas.* Staff consulted with the California Department of Fish and Wildlife to address the potential impact to giant garter snake and its upland habitat. The project will not impact any of the wetland area or irrigation canals located on the property. Mitigation measures are included to address potential impacts to giant garter snake upland habitat area and possible take of the giant garter snake. A mitigation measure is included that if project construction activities, including vegetation clearance, occurs during nesting season for birds protected under the Migratory Treaty Act and California Fish and Game Code, a preconstruction survey for all migratory birds, including raptors, shall be performed by a qualified biologist. The California Natural Diversity Database (CNDDB) was reviewed to determine if any special-status species have the potential to occur on the project site or in the vicinity. Table 4.4-1 lists the regulatory status and habitat requirements for each special-status species identified as being located within two miles of the project site. Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 14 of 45 ■ Special-Status Species Many species of plants and animals within the State of California have low populations, limited distributions, or both. Such species may be considered “rare” and are vulnerable to extirpation as the state’s human population grows and the habitats these species occupy are converted to agricultural and urban uses. A sizable number of native species and animals have been formally designated as threatened or endangered under State and Federal endangered species legislation. Others have been designated as “Candidates” for such listing and the California Department of Fish and Wildlife (CDFW) have designated others as “Species of Special Concern”. The California Native Plant Society (CNPS) has developed its own lists of native plants considered rare, threatened or endangered. Collectively, these plants and animals are referred to as “special status species.” Giant Garter Snake The giant garter snake (Thamnophis gigas) is listed as a federal and state threatened species. This species was listed in 1993, but to date critical habitat has not been listed for the GGS. GGS habitat includes: 1. Waterways with year round water, such as creeks, irrigation canals and agricultural drainages. Rice fields have also become habitat. These habitat areas provide food and cover during the snake’s active period. 2. Emergent wetlands, with vegetation, that provides cover and foraging habitat during the active season. 3. Grassy banks and openings along waterways for basking. 4. Upland areas for cover and refuge from flood waters during the dormant season during the winter. Various direct and indirect impacts to biological resources may result from the amount of development enabled by the project, including the loss and/or alteration of existing undeveloped open space that may serve as habitat. California Environmental Quality Act Guidelines Section 15065 requires a mandatory finding of significance for projects that have the potential to substantially degrade or reduce the habitat of a threatened or endangered species, and to fully disclose and mitigate impacts to special status resources. For the purposes of this Initial Study, the California Environmental Quality Act (Public Resources Code Sections 21083 and 21087,) defines mitigation as measure(s) that:  Avoids the impact altogether by not taking a certain action or parts of an action.  Minimizes impacts by limiting the degree or magnitude of the action and its implementation.  Rectifies the impact by repairing, rehabilitating, or restoring the impacted environment.  Reduces or eliminates the impact over time by preservation and maintenance operations during the life of the project.  Compensates for the impact by replacing or providing substitute resources or environments. Impact Discussion: (a.)(b.)(d.)(e.)(g.)(i.) Less Than Significant Impact with Mitigation Incorporated. Table 4.4-1 above, identified special status species within 2 miles of the project site area. The project site has the potential to support a special-status plant species; woolly rose-mallow (Hibiscus lasiocarpos var. occidentalis). Protocol-level survey shall be conducted by a qualified biologist during the species’ flowering period (June – September) to verify these species Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 15 of 45 ■ continue to not be present prior to vegetation removal, grading or construction activities in the project area. Should the presence of sensitive species be identified, measures would be implemented by the applicant to avoid or mitigate these species, and insure that no significant impacts occur. The project site is not located adjacent to, but not within any riparian habitat. The communication facility will be located in an area developed with a residential dwelling and accessory structures with vegetation of annual grasses and forbs. The Butte Regional Conservation Plan identifies the project site area as rice land, although rice is not grown in the project site area. BRCP Constraints maps identified the project site area as a moderate constraint area. The riparian area to the west is identified as a very high constraint area. The project will avoid the riparian area and will have a buffer of a minimum of 50 feet from the high water mark. The proposed project could have an adverse effect on several species whose status was identified by State and Federal wildlife agencies as threatened or of concern. Included in this list are: giant garter snake (GGS), tricolored blackbird, Swainson’s hawk and the valley elderberry longhorn beetle. These species could be affected directly or indirectly by construction activities that would disrupt foraging areas or possible habitats. The proposed project site area is adjacent to rice fields, riparian area and water delivery system that provide habitat for giant garter snake (Thamnophis gigas). Construction of the pad and tower may have direct and indirect impacts to upland habitat for giant garter snake since it is within 200 feet of the adjacent riparian areas, rice and canal/ditches. Upland habitat is used up to 60 percent of the active season for giant garter snake for basking, escaping predation, shedding, digesting prey, and giving birth. Construction activities within 200 feet of the riparian area and drainage ditch may adversely affect these species through disturbance of habitat or direct injury or take (kill) of individuals. GGS are at less of risk if construction takes place between May and October, a time when GGS is active, can be detected, and can move out of the way of machines and people to avoid injury or death. The project will not impact any of the existing waterways near the project site improvements. Access to the site will be off of Aguas Frias Road, where there is no waterway, irrigation canal or agricultural drainage. The proposed improvements will be located in the upland area. While section 2080 of the Fish and Game Code prohibits take of any species that the Fish and Game Commission determines to be endangered or threatened, The California Endangered Species Act (CESA) allows for take incidental to otherwise lawful activity through section 2081(b) of the Fish and Game Code. CESA emphasizes early consultation to avoid potential impacts to rare, endangered, and threatened species and to develop appropriate mitigation planning to offset project-caused losses of listed species populations and their essential habitats. Based on the impacts to GGS upland habitat and potential indirect take, mitigation measures related to the giant garter snake are outlined at the end of this impact discussion. Nesting birds could potentially be disturbed during construction and placement of the communication facility if construction occurred during the nesting season (approximately February through August). Although not present in the development footprint, existing trees located in the riparian area west of the project site area may provide suitable nesting habitat for raptors, such as Swainson’s hawks and other migratory birds. Proper mitigation measures related to migratory birds and raptors are outlined at the end of this impact discussion. The valley elderberry longhorn beetle is a federally listed threatened species. The project site area is located adjacent to existing development and disturbed grass land. No elderberry bushes were located in the area for development or disturbance. The riparian area to the west of the project site area has the potential for elderberry bushes. Due to the minimal area of disturbance and distance away from the riparian area, the proposed project would not have impacts to any elderberry bushes located within the riparian area. (c.) Less Than Significant Impact. The project site area is located in a developed area (residential dwelling and accessory structures) that has been disturbed. Vegetation in the project site area are grasses and forbs. Located west Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 16 of 45 ■ of the project site area is a riparian area and to the south is a drainage ditch. Butte County Zoning Code Article 16, Riparian Areas, requires a 50-foot setback from the high water mark. The project disturbance/improvements will be located outside the 50-foot setback area. The proposed project will have minimal area of disturbance, a 1,600 square foot leased area and access drive from Aguas Frias Road. Only a small amount of impervious surface will be generated. The project will not have a substantial adverse effect on riparian habitats or federally protected wetlands as defined by Section 404 of the Clean Water Act. (f.) Less Than Significant Impact. This site is located within the area of the Draft Butte Regional Conservation Plan (BRCP), prepared by the Butte County Association of Governments. The project site area is designated as “Rice” on the BRCP Land Cover Map. However, the site is not presently within an adopted BRCP or other approved habitat conservation plan area. Nevertheless, the project was provided to the following for pre-BRCP adoption review and comments: California Department of Fish and Wildlife, U.S. Fish and Wildlife Service, and NOAA Fisheries. Other than the comments received by California Fish & Wildlife during the site visit and ongoing correspondence, no comments or recommendations were received from the other agencies for incorporation into this CEQA review. This proposal would not conflict with the ongoing process for adoption of the future BRCP, local policies or ordinances protecting biological resources, or other approved local, regional, or state habitat conservation plan. (h.)( j) Less Than Significant Impact. The project site area is developed with an existing residence and accessory structures. The site for the communication facility and access drive have been disturbed over time and includes vegetation of grasses and forbs. The proposed project facility will be located within a 1,600 square foot leased area that will be fenced. This is a small portion of the site area that is already disturbed. It will not create significant barriers to, or reduce the range of habitat for wildlife in the project area. (k.) Less Than Significant Impact. Any security exterior lights for the ground equipment are required to be fully shielded and directed downward. The lighting on top of the proposed communication tower will have minimal impacts to migratory birds or other wildlife in the area. The 1,600 square foot leased area containing ground equipment will fenced for security reasons, but is small enough so as not to inhibit migratory patterns or normal wildlife activities. 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 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. 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. Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 17 of 45 ■ 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. 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. 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 giant garter snake 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 Giant Garter Snake 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. Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 18 of 45 ■ 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. “ 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. 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 will shall submit weekly monitoring reports to the Department of Development Services and the applicant/developer when construction related activities occur immediately adjacent to barrier fencing to the Department and the applicant/developer. Timing: This measure shall be implemented during site preparation and construction. Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 19 of 45 ■ Monitoring: Butte County Department of Development Services shall ensure compliance with this requirement. 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 will 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 will 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. 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. 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. Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 20 of 45 ■ 4.5 CULTURAL RESOURCES: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? X b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? X c. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X d. Disturb any human remains, including those interred outside of formal cemeteries? X Impact Discussion: (a.)(b.)(c.)(d.) Less Than Significant Impact with Mitigation Incorporated. Cultural resources include prehistoric and historic period archaeological sites; historical features, such as rock walls, water ditches and flumes, and cemeteries; and architectural features. Cultural resources consist of any human-made site, object (i.e., artifact), or feature that defines and illuminates our past. According to Butte County constraints mapping, the project site is located in an area considered to have a low archeological sensitivity. Prehistoric resources sites are found in foothill areas, areas with high bluffs, rock outcroppings, areas overlooking deer migratory corridors, or above bodies of water. Numerous prehistoric sites have been identified in the project area and a small creek, which may have been utilized by Native American Indians, flows through the project site. No cultural resources structures or sites of any type are known to be located on the subject site. All of the structures on the project site are of modern construction and are not considered historic or unique. Nevertheless, grading and other soil disturbance activities on the project site have the potential to uncover historic or prehistoric cultural resources. To prevent impacts to historic or prehistoric cultural resources that may be uncovered during development activities on the project site, Mitigation Measure #11 is recommended that requires all construction activity halt and the county Planning Division and a professional archaeologist be consulted to evaluate the find(s). 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. Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 21 of 45 ■ 4.6 GEOLOGIC PROCESSES: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 2. Strong seismic ground shaking? 3. Seismic-related ground failure, including liquefaction? 4. Landslides? X X X X b. Result in substantial soil erosion or the loss of topsoil? X c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? X d. Be located on expansive soil, as defined in Table 18-1- B of the Uniform Building Code (1994), creating substantial risks to life or property? X e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal system where sewers are not available for the disposal or wastewater? X Impact Discussion: (a.1) (a.2.) (a.3.) Less Than Significant Impact. The Seismic Safety Element of the Butte County General Plan indicates that all of Butte County is in Moderate Earthquake Intensity Zone VIII. The site is not within an Alquist- Priolo Earthquake fault zone or an aftershock zone. The only known active fault in Butte County is the Cleveland Hill fault, where activity on August 1, 1975 resulted in the Oroville earthquake. This earthquake had a Richter magnitude of 5.7 and resulted in approximately 2.2 miles of ground rupture along the western flank of Cleveland Hill. The project site is located approximately 21.2 miles west of this known active fault. No impacts are anticipated since no rupture of a known earthquake fault exists in the project area. Like most of central California, the site can be expected to be subjected to strong seismic ground shaking at some future time. Accordingly, the proposed wireless communications facility extension would be designed and installed in accordance with International Building Code requirements. Because the project appears to be located such that the probability of significant groundshaking is low, and because any structures that are built during the course of the project will be designed and installed in accordance with International Building Code standards for the appropriate Seismic Hazard Zone, potential geologic impacts would be less than significant. (a.4.) Less Than Significant Impact. The Landslide Potential Map (Figure HS-4) of the Health and Safety Element of the Butte County General Plan indicates that there is a low to no potential for landslides and a moderate potential Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 22 of 45 ■ for subsidence in this area. Due to the relatively level proposed project area, minimum disturbance of the project and existing vegetation on the site, the potential for a land slide is unlikely. (b.) Less Than Significant Impact. There is ‘slight’ soil erosion potential for the project site, according to Butte County General Plan Health and Safety Element (Figure HS-5). The project does not involve minimal amounts of soil disturbance that could result in significant soil erosion impacts. The construction activities would result in a land disturbance of less than one acre and therefore are not expected to require a Stormwater Pollution Prevention Permit (SWPPP) from State Water Resources Control Board prior to construction. Due to the relatively small amount of soils disturbance required for construction, erosion potential will be minimal. (c.) Less Than Significant Impact. The Butte County Seismic Safety Element’s Maps indicates that the site has a generally moderate potential for liquefaction, a high potential for expansion, and a low potential for landslide. Due to the relatively small amount of soils disturbance required for construction, the potential for unstable soils is minimal. (d.) Less than significant. The Health and Safety Element's Expansive Soils Map (Figure HS-6) indicates that the project site has a very high expansive soil potential. The project would be required to comply with applicable portions of the International Building Code as adopted by Butte County, which would offset potential impacts resulting from expansive soils. (e.) No impact. The project does not require the use of septic systems. Mitigation Measure: None required. 4.7 GREENHOUSE GAS EMISSIONS: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? X b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? X Impact Discussion: Global climate change is the observed increase in the average temperature of the Earth’s atmosphere and oceans along with other significant changes in climate (such as precipitation or wind) that last for an extended period of time. The term “global climate change” is often used interchangeably with the term “global warming,” but “global climate change” is preferred to “global warming” because it helps convey that there are other changes in addition to rising temperatures. Global surface temperatures have risen by 0.74°C ± 0.18°C over the last 100 years (1906 to 2005). The rate of warming over the last 50 years is almost double that over the last 100 years.1 The prevailing scientific opinion on climate change is that most of the warming observed over the last 50 years is attributable to human activities. The increased amounts of carbon dioxide (CO2) and other greenhouse gases (GHGs) are the primary causes of the human-induced component of warming. GHGs are released by the burning of fossil fuels, land clearing, agriculture, and other activities, and lead to an increase in the greenhouse effect.2 1 Intergovernmental Panel on Climate Change (IPCC), 2007. Climate Change 2007: The Physical Science Basis. Contribution of Working Group I to the Fourth Assessment Report of the IPCC. 2 The temperature on Earth is regulated by a system commonly known as the "greenhouse effect.” Just as the glass in a greenhouse allows heat from sunlight in and reduces the amount of heat that escapes, greenhouse gases like carbon dioxide, methane, and nitrous oxide in the atmosphere keep the Earth at a relatively even temperature. Without the Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 23 of 45 ■ GHGs are present in the atmosphere naturally, are released by natural sources, or are formed from secondary reactions taking place in the atmosphere. The following are the gases that are widely seen as the principal contributors to human- induced global climate change:3  Carbon dioxide (CO2)  Methane (CH4)  Nitrous oxide (N2O)  Hydrofluorocarbons (HFCs)  Perfluorocarbons (PFCs)  Sulfur Hexafluoride (SF6) Over the last 200 years, human activities have caused substantial quantities of GHGs to be released into the atmosphere. These extra emissions are increasing GHG concentrations in the atmosphere and enhancing the natural greenhouse effect, which is believed to be causing global warming, while manmade GHGs include naturally-occurring GHGs such as CO2, methane, and N2O, some gases, such as HFCs, PFCs, and SF6 are completely new to the atmosphere. Section 15064.4 of the CEQA Guidelines sets forth guidance for determining the significance of Impacts from Greenhouse Gas Emissions. The guidelines allow impacts from a particular project to be described quantitatively or qualitatively and direct that impacts should be evaluated in consideration of existing environmental setting, applicable thresholds of significance, and compliance with regulations and requirements adopted to implement the mitigation of greenhouse gas emissions. Section 15064 (h)(3)of the CEQA Guidelines specifies that a project’s contribution to a cumulative effect may be found ‘not cumulatively considerable’ if the project will comply with the requirements in a previously approved plan or mitigation program, including plans or regulations for the reduction of greenhouse gas emissions. Butte County has not adopted a plan or mitigation program for the reduction of greenhouse gases as of the publication of this study. Likewise, it has not adopted thresholds of significance for evaluating greenhouse gas emissions. This section evaluates greenhouse gas emissions relative to the existing environmental setting and compliance with air quality regulations relative to automobile emissions, the primary contributor to greenhouse gas emissions from the proposed project. A 2006 baseline GHG emission inventory was prepared for unincorporated Butte County. The inventory identified the sources and the amount of GHG emissions produced in the county. Within Butte County, the leading contributors of GHG emissions are agriculture (43%), transportation (29%), and residential energy (17%). A Climate Action Plan (CAP) was adopted by Butte County on February 25, 2014. The CAP provides a framework for the County to reduce GHG emissions while simplifying the review process for new development. Measures and actions identified in the CAP lay the groundwork to achieve the adopted General Plan goals related to climate change, including reducing GHG emissions to 1990 levels by 2020. In an effort to implement the measures of the CAP, a development checklist was created to evaluate a new projects consistency with the CAP, and to identify which GHG emission reduction measures would be implemented with project approval. (a.) Less Than Significant Impact. The proposed project is a communication tower that would not contribute to the existing greenhouse gas inventory for Butte County. Short term construction will occur to install the tower and ground equipment. The stanby diesel generator will only be used during power outages and for short duration during testing. Vehicle trips will be associated with construction and routine maintenance. GHG emissions generated by the development and vehicle trips would be of a limited scope and duration, but would be cumulatively considerable, which was addressed through the Supplemental EIR for the Climate Action Plan. greenhouse effect, the Earth would be a frozen globe; thus, although an excess of greenhouse gas results in global warming, the naturally occurring greenhouse effect is necessary to keep our planet at a comfortable temperature. 3 The greenhouse gases listed are consistent with the definition in Assembly Bill (AB) 32 (Government Code §38505). Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 24 of 45 ■ (b.) Less Than Significant Impact. The Butte County General Plan and Butte County Climate Action Plan establish numerous policies relative to greenhouse gases. The everyday operation of the proposed communication facility would not generate greenhouse gas emissions. Due to the short term construction, limited vehicle trips to the site and monthly testing of the stanby generator, the anticipated increase in emissions would not conflict with the applicable with policies adopted for the purpose of reducing GHG emissions. Mitigation Measure: None required 4.8 HAZARDS AND HAZARDOUS MATERIALS: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Create a significant hazard to the public or the environmental through the routine transport use, or disposal of hazardous materials? X b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed schools? X d. Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? X e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? X f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? X g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? X h. Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? X Impact Discussion: (a.)(b.)(c.)(d.) Less Than Significant Impact. Construction activities associated with the development of the proposed project would involve the use of potentially hazardous materials, including vehicle fuels, oils, and transmission fluids. However, all potentially hazardous materials would be contained, stored, and used in accordance with manufacturers’ instructions and handled in compliance with applicable standards and regulations. Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 25 of 45 ■ Implementation of the proposed project would result in the development of a wireless communications facility. It is not anticipated that large quantities of hazardous materials would be permanently stored or used within the project site. Similarly, the project would not emit hazardous emissions or handle hazardous materials. Small quantities of publicly-available hazardous materials (e.g., paint, maintenance supplies) may be routinely used within the project site for maintenance and cleaning. However, these materials would not be used in sufficient strength or quantity to create a substantial risk of fire or explosion, or otherwise pose a substantial risk to human or environmental health. Therefore, implementation of the proposed project would not create a permanent significant hazard to the public or environment through the routine transport, use, or disposal of hazardous materials. The proposed communications facility is proposed to utilize as a standby power source, a 132 gallon, 30kw diesel generator. The storage of diesel on the project site requires that the applicant complete a “Hazardous Materials Release Response Plan” pursuant to the California Health and Safety Code and is regulated by the Butte County Environmental Health Division. With the submittal and implementation of the Hazardous Materials Release Response Plan” the project is not expected to create any hazardous conditions or emissions. 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. People living near the proposed communications facility have the potential to be exposed to radio-frequency (RF) emissions from the antennas mounted on the monopine. The nearest offsite residential dwelling to the proposed communication monopine is located approximately 1.3 miles to the south. 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 the majority of the scientific community believes may pose a health risk to human populations. (e.) No Impact. The project site is not located within an airport compatibility zone or in the vicinity of a private airstrip. (f.) Less Than Significant Impact with Mitigation Incorporated. The project site is in an area of rice fields that are require aerial applicators to spray adjacent to the proposed facility. Staff worked with the Agricultural Commissioner’s office and local aerial applicators on the issues of the proposed project. Although it does present a potential hazard to aerial applicators, they identified if the communication facility is approved, they will adjust and work around the communication facility. A mitigation measure is included that requires the tower to be painted and lighted per FCC standards. (g.) No Impact. The proposed project will not physically interfere with existing emergency evacuation plans. (h.) No Impact. The proposed facility is located in an agricultural area, not subject to wildfires. The proposed use is unmanned and will not subject additional people to risk of fire. Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 26 of 45 ■ Mitigation Measure: None required 4.9 HYDROLOGY AND WATER QUALITY: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Violate any water quality standards or waste discharge requirements? X b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? X c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? X d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? X e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? X f. Otherwise substantially degrade water quality? X g. Place housing within a 100-year flood hazard area as mapped by Federal Flood Hazard Boundary, Flood Insurance Rate Map, or other flood hazard delineation map? X h. Place within a 100-year flood hazard area structures which would impede or redirect flood flows? X i. Expose people or structures to a significant risk or loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam? X j. Inundation by seiche, tsunami, or mudflow? X Impact Discussion: (a.)(b.) No Impact. The project does not require the use of water and would not create any water discharges. (c.)(d.)(e.)(f.) Less Than Significant Impact. An equipment shelter is proposed within the 1,600 square foot fenced lease area. The proposed area to be disturbed, including the 15-foot wide access easement is minimal and will not create any significant impact to drainage patterns or create significant amount of runoff. (g.)(h.)(i.) Less Than Significant Impact. The project parcel and proposed lease area is identified as flood zone “A.” The site area is also within the Sacramento River Designated Floodway “E”. The applicant will be required, Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 27 of 45 ■ prior to issuance of building permit, to obtain the required permit from the Central Valley Flood Protection Board and a flood certificate. (j.) No Impact. The elevation of the project site at approximately 75 feet above sea level and the height of the improvements to the tower for collocation indicate that it will not be subject to inundation by seiche, tsunami, or mudflow. Mitigation Measures: None required. 4.10 LAND USE: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Physically divide an established community? X b. Conflict with an applicable land use plan, policy, or regulations of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? X c. Conflict with any applicable habitat conservation plan or natural community conservation plan? X Impact Discussion: The applicant is requesting 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. The project parcel is designated by the General Plan as Agriculture and is zoned AG-40 (Agriculture 40-acre minimum parcel) and is under a Williamson Act contract. The monopole meets the necessary setback requirements from the property lines. Circulation and utility connections will be achieved through the proposed 15’ access and utility easement (from Aguas Frias Road) and communication cables running from the facility to the existing PG&E power poles will be underground within a 6-foot wide easement. Once constructed and operational, the communications facility would provide 24-hour service to customers seven days a week. Apart from initial construction activity, no personnel will be stationed at the site. Routine maintenance and inspection of the facility would occur once a month during normal business hours. No water or sewer service is required as the site would normally be unmanned. (a.) Less Than Significant Impact. No new parcels or substantial development would result from this project. The project would not divide any established community. Currently, Verizon Wireless is experiencing a significant coverage gap for agricultural areas west of Oroville. The proposed coverage objective is to both fill in a gap in coverage in Butte County, as well as to provide support capacity to the existing overloaded facilities (Nelson, Oroville, and Biggs). The increase in wireless signal strength will benefit residents in the area, local businesses and public safety systems. Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 28 of 45 ■ (b.) Less Than Significant Impact. The proposed project was reviewed for constancy with the zoning code. Wireless Communication Facilities are regulated by Article 26 of the Butte County Code. The Purpose (Section 24- 176) of the Telecommunication Facilities 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. The proposed communication facility is located within an agricultural zone. The proposed coverage objective is to both fill in a gap in coverage in Butte County, as well as to provide support capacity to the existing overloaded facilities (Nelson, Oroville, and Biggs). The increase in wireless signal strength will benefit residents in the area, local businesses and public safety systems. The proposed tower is being designed at 124 feet to provide the necessary coverage area Section 24-181 (General Requirements): 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. Setbacks for the communication facility meets the 1 to 1 requirement from the western and southern property lines. 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. The review authority may approve additional height based on justifiable need. No structures shall exceed the maximum permitted height in areas as specified in Section 24-50. (Section 24-50 refers to Section 24-51, which refers to Section 24-51, which refers Telecommunication Facilities back to Article 26 – Telecommunication Facilities) The applicant has requested an increase in height to 124 feet in order to meet the coverage area need for the area. 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. Property owners within 1,000 feet were notified of the project and of the public hearing for the project. Staff also worked with the Agricultural Commissioner’s office and local aerial applicators on the issues of the proposed project. Although it does present a potential hazard to aerial applicators, they identified if the communication facility is approved, they will adjust and work around the communication facility. A mitigation measure is included that requires the tower to be painted and lighted per FCC standards. Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 29 of 45 ■ 2. Monopoles or towers in agricultural or residential zones shall not exceed 30 feet in height except when: a. No feasible alternative site exists; b. A denial would be constitute a prohibition on the provision of the affected wireless communication service in violation of federal or State law. The nearest nonagricultural or nonresidential zone is located approximately 5.4 miles to the northeast. This area is zoned (P) Public. Agriculture. The nearest commercially or industrially zoned properties are located approximately 6.3 miles to the northeast (Richvale) and 8.2 miles to the southeast (Biggs). Those areas do not address the coverage need to locate in the project area. The search ring prepared by the applicant indicates proposed coverage objective is to both fill in a gap in coverage in Butte County, as well as to provide support capacity to the existing overloaded facilities (Nelson, Oroville, and Biggs). The increase in wireless signal strength will benefit residents in the area, local businesses and public safety systems. (c.) Less Than Significant Impact with Mitigation Incorporated. This site is located within the area for which the area of the Butte Regional Conservation Plan (BRCP) coordinated by the Butte County Association of Governments; however it is not presently within an adopted BRCP or other approved habitat conservation plan area. The project site has been developed with a residential dwelling and accessory structures. The majority of the site is in rice field. In between the rice fields and the project site area is a riparian area. The rice fields and riparian area is habitat for the giant garter snake. A mitigation measure is included in Section 4.4 (Biological Resources) that addresses potential impacts to the giant garter snake. A mitigation measure is also included that address potential impacts to nesting raptors or migratory birds. Therefore the proposed communication tower and related equipment would not conflict with the adoption of the future BRCP, local policies or ordinances protecting biological resources, or other approved local, regional, or state habitat conservation plan. Mitigation Measure: See Section 4.4 (Mitigation Measures #5, 6 & 7). 4.11 MINERAL RESOURCES: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? X b. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? X Impact Discussion: (a.)(b.) No Impact. The California Geological Survey (CGS) has not classified the project site as being located in a Mineral Resource Zone (MRZ). The proposed project would not use or extract any mineral or energy resources and would not restrict access to known mineral resource areas. Mitigation Measure: None required. Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 30 of 45 ■ 4.12 NOISE: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? X b. Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? X c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? X d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? X e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? X f. For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? X Impact Discussion: The project site is located in an agricultural area (rice fields). Noise levels very in the project area. The proposed wireless communications facility is unmanned and would therefore not expose people at the facility to noise levels. (a.)(c.) Less Than Significant Impact. Uses associated with this project would not create a significant increase in ambient noise levels within or in proximity to the project site. An onsite standby generator would provide power until normal power is restored. The use of the generator will be short term in duration and will not create significant impacts. (b.) No Impact. The proposed project would not include the development of land uses that would generate substantial ground-borne vibration or noise or use construction activities that would have such effects. No structures are proposed that would require heavy footings where the use of heavy pile drivers would be required. (d.) Less Than Significant Impact. Construction activity on the site has the potential to generate high noise levels on and adjacent to the project site intermittently during project development activities. During construction, the highest noise levels would result from operation of heavy equipment, which can be expected to generate noise levels of between 85 to 90 decibels (dBA) at a distance of 50 feet from the source. Noise levels will be reduced, however, by a factor of six dBA with each doubling of distance from the noise source and by intervening topography. Construction noise activities related to the construction is temporary in nature and is not seen will not be significant, given the distance, approximately 1.3 miles to the nearest offsite residence. The General Plan Health and Safety Element policy HS-P1.7 limits noise generating construction activities located within 1,000 feet of residential uses to daytime hours between 7:00am and 6:00 pm on weekdays and non-holidays. The anticipated noise generated by the project, construction and the back-up generator, are considered exemptions under Butte County Code Section 24-153 B. Given the distance from the nearest off-site residential structures, construction noise is not expected to Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 31 of 45 ■ have a significant impact on nearby residence. Furthermore, any such noise disturbance would be intermittent, short-term in nature and required to be in compliance with the General Plan Health and Safety Element policy HS- P1.7. (e.)(f.) No Impact. The project is located more than two miles from the nearest airport or private airstrip. Mitigation Measure: None required. 4.13 HOUSING: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure? X b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? X c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X Impact Discussion: (a.) No Impact. The project would not affect the population of the area because no new parcels would be created and no additional dwellings would be placed on the project site as a result of this project. (b.)(c.) No Impact. The project would not displace individuals or housing. The project does not require the extension of any infrastructure, such as roads, water, or sewer systems. Therefore, the project would not induce substantial population growth in the project area. Mitigation Measure: None required. 4.14 PUBLIC SERVICES: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Would the project result in substantial adverse physical impacts associated with the provision of or need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services? X b. Fire protection? X Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 32 of 45 ■ Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document c. Police Protection? X d. Schools? X e. Parks? X f. Other public services? X Impact Discussion: (a.)(b.)(c.)(d.)(e.)(f.) No Impact. The project is not within the State Responsibility Area of Butte County Fire/California Department of Forestry (CalFire). The project would not increase the level of fire protection service needed on the site because wireless communication facilities do not normally require such services. The proposal is not expected to result in an increase in demand for police services because wireless communication facilities 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. Mitigation Measure: None required. 4.15 RECREATION: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? X b. Include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? X Impact Discussion: (a.)(b.) No Impact. The project is located in the Richvale Recreation and Park District. No recreational facilities are proposed under this proposal and none are located on the project site. No impacts on existing or future recreational facilities would occur. Mitigation Measure: None required. Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 33 of 45 ■ 4.16 TRANSPORTATION/TRAFFIC: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? X b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? X c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? X d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? X e. Result in inadequate emergency access? X f. Result in inadequate parking capacity? X g. Conflict with accepted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? X Impact Discussion: Circulation and utility connections will be achieved through the proposed 15-foot access and utility easement from the lease area to the access road and a 6-foot easement for power tie-in. (a.)(b.) Less Than Significant Impact. State Highway 162 and Aguas Frias Road have moderate traffic volumes, mostly during the morning and evening peak hours. The proposed wireless communication facility would temporally generate additional vehicle traffic in the project area during construction activities. This would be minor and would not have a significant impact on vehicular circulation in the project area. Once construction has been completed, traffic will return to pre-construction levels. After construction activities have been completed, the project would require only one to two site visits per month. This very low number of vehicle trips would not have any impact on vehicular circulation in the project area. (c.) Less Than Significant with Mitigation Incorporated. The project site is not located within an Airport Compatibility Zone. However, the project site is located in an agricultural area that is dependent on aerial applicators. The Agricultural Commissioner’s Office and local aerial applicators reviewed the project and commented that the project may pose a hazard to agricultural aviation and an adverse impact to necessary agricultural aerial application in this agricultural area. The aerial applicators identified that while the tower will pose a risk, they will adjust and work around the tower as long as the tower is properly painted and lighted per FAA requirements. (d.) No Impact. The project design does not involve any modifications to State Highway 162 or Aguas Frias (other than an encroachment permit from Butte County Public Works), or create any additional hazards of safety concerns. (e.) No Impact. Since the project does not involve a substantial number of vehicle trips, the project will not impact parking capacity and will not conflict with plans for alternative transportation. Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 34 of 45 ■ Mitigation Measure: See Section 4.2 (Mitigation Measure #3). 4.17 UTILITIES AND SERVICE SYSTEMS: Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? X e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? X f. Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? X g. Comply with federal, state, and local statutes, and regulations related to solid waste? X Impact Discussion: The monopole and ground equipment are proposed to be located within a 1,600 square foot lease area in the south corner of the project parcel. Circulation and utility connections will be achieved through the proposed 15’ access and utility easement from the lease area to the access road and power tie-in. (a.) through (g.) No Impact. Implementation of the project would not require domestic water or wastewater treatment, or solid waste facilities. It would not be in non-compliance with any statutes or regulations relating to solid waste, nor would it employ equipment that would introduce interference into any system. Thus, the project would have no impact on any utilities or service systems. Mitigation Measure: None required. Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 35 of 45 ■ 4.18 MANDATORY FINDINGS OF SIGNIFICANCE (SECTION 15065): Would the proposal: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Reviewed Under Previous Document a. Have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b. Have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects and the effects of probable future projects)? X c. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X The project has the potential to contribute impacts that are individually limited, but cumulatively considerable with respect to Initial Study Checklist Items 4.1 – Aesthetics; 4.2 – Agriculture Resources; 4.3 – Air Quality; 4.4 – Biological Resources and 4.5 – Cultural Resources. Cumulative impacts to this area would be mitigated to a level of less than significant due to the inclusion of Mitigation Measures as summarized in the following section. 5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS: 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. 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. Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 36 of 45 ■ 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. 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. 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. 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 Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 37 of 45 ■ 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. 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. 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. 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. Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 38 of 45 ■ 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. “ 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 Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 39 of 45 ■ 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. 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 will shall submit weekly monitoring reports to the Department of Development Services and the applicant/developer when construction related activities occur immediately adjacent to barrier fencing. to the Department and the applicant/developer. Timing: This measure shall be implemented during site preparation and construction. Monitoring: Butte County Department of Development Services shall ensure compliance with this requirement. 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 will 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 will 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. 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. 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 Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 40 of 45 ■ 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. 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. Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 41 of 45 ■ 6.0 ENVIRONMENTAL REFERENCE MATERIAL: 1. Butte Association of Governments. Butte Regional Conservation Plan, First Administrative Draft. Accessed March 2012. (available at http://www.buttehcp.com/BRCP-Documents/1st-Admin-Draft-BRCP/index.html) 2. Butte County 2030 General Plan. Environmental Impact Report. Oroville, CA. April 8, 2010. (Available at http://www.buttegeneralplan.net/products/2010-08-30_FEIR/default.asp.) 3. Butte County General Plan 2030. Oroville, CA. October 26, 2010. (available at http://www.buttegeneralplan.net/products/2010-10-26_GP2030/Butte_County_General_Plan.pdf) 4. Butte County 2030 General Plan. Settings and Trends Report. Public Draft. Oroville, CA. August 2, 2007. (Available at http://www.buttegeneralplan.net/products/SettingandTrends/default.asp.) 5. Butte County Climate Action Plan. Adopted February 25, 2014. (Available at ButteCap.net) 6. Butte County. Resolution 10-150. Resolution of the board of supervisors of the County of Butte, state of California, making findings of fact in support of Butte County General Plan 2030 and its associated environmental impact report, rejecting alternatives, adopting a mitigation monitoring and reporting plan, and adopting a statement of overriding considerations. Adopted October 26, 2010. 7. Butte County. Section III, Seismic and Geologic Hazards, Health and Safety Element of the Butte County General Plan (2010-2030). 2010. 8. California Air Resources Board. “ARB approves tripling of early action measures required under AB 32”. News Release 07-46. http://www.arb.ca.gov/newsrel/nr102507.htm . Retrieved October 25, 2007. 9. California Air Resources Board. Climate Change Scoping Plan: a framework for change. December 2008. 10. California Air Resources Board. Expanded List of Early Action Measures to Reduce Greenhouse Gas Emissions in California Recommended for Board Consideration. October 2007. 11. California Department of Conservation. Fault-Rupture Hazard Zones in California. Altquist-Priolo Earthquake Fault Zoning Act with Index to Earthquake Fault Zone Maps. Special Publication 42. Interim Revision. 2007. 12. Department of Toxic Substance Control. 2009. Envirostor Database. Accessed November 18, 2014. http://www.envirostor.dtsc.ca.gov/public. 13. California Natural Diversity Database (CNDDB) accessed through Rarefind 5, Government Version, March 2015. 14. U.S. Department of Transportation, Federal Aviation Administration, Obstruction Marking & Lighting, Advisory Circular, February 1, 2007. 15. Site Safe, RF Site Compliance Report, Verizon Wireless, October 13, 2014. 16. Photo Simulations, Verizon Wireless, 2014. Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 43 of 45 ■ Appendix A View 1 – Looking west from State Highway 162 Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 44 of 45 ■ View 2 – Looking east from State Highway 162 Project Name: Conditional Use Permit UP14-0009 for Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting ■ Butte County Department of Development Services ■ ■ Initial Study/Mitigated Negative Declaration - Sacramento Valley Limited Partnership dba Verizon Wireless c/o Complete Wireless Consulting, UP14-0009 ■ Page 45 of 45 ■ View 3 – Looking southwest from Aguas Frias Road