HomeMy WebLinkAboutUP15-0001_USE PERMIT_072315 - signedUSE PERMIT
BUTTE COUNTY PLANNING COMMISSION JULY 23, 2015
DATE: (Certified Mail Rec.)
UP15-0001
PERMIT NO.
063-210-013
ASSESSOR’S PARCEL NO.
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special
conditions set forth below: Sacramento Valley Limited Partnership dba Verizon Wireless c/o
Complete Wireless Consulting is hereby granted a Conditional Use Permit to construct a wireless
telecommunication facility that includes a 125-foot tall monopine tower, eight (8) panel antennas
mounted at the 110-ft. elevation, a prefabricated equipment shelter, a standby diesel generator,
underground power, and associated equipment. The facility will be situated within a 40-ft. x 40-
ft. (1,600 sq. ft.) lease area that will surrounded with a 6-ft tall chain link fence with barbed wire.
Access to the facility will be provided by a 10-12 ft. wide driveway situated within a 15 ft. wide
non-exclusive access and utility easement from Wagon Road.
l. Failure to comply with the conditions specified herein as the basis for approval of this Use
Permit constitutes cause for the revocation of said permit in accordance with the procedures
set forth in the Butte County Code (BCC), Chapter 24, Article 34, Section 24-251 Permit
Revocation or Modification.
2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must
be completed prior to or concurrently with the establishment of the granted use. The use
granted by this Use Permit must be established within 24 months of the delivery of the
countersigned permit to the Permittee, or as provided by BCC Chapter 24, Article 34,
Section 24-247 Time Limits and Extensions.
3. Minor changes as provided by BCC Chapter 24, Article 34, Section 24-246(C), may be
approved administratively by the Zoning Administrator upon receipt of a substantiated
written request by the applicant, or their respective designee. Prior to such approval,
verification shall be made by each Department or Division that the modification is
consistent with the application, fees paid, and environmental determination as
conditionally approved. Changes deemed to be major or significant in nature shall require
a formal application for amendment.
4. If any use for which a Use Permit has been granted is not established within two years of
the date of receipt of the countersigned permit by the Permittee, the permit shall become
null and void and reapplication and a new permit shall be required to establish the use.
5. The terms and conditions of this permit shall run with the land and shall be binding upon
and be to the benefit of the heirs, legal representatives, successors, and assigns of the
Permittee.
6. Terms of Approval (BCC Chapter 24, Article 26, Section 24-185)
A. Permits for telecommunication facilities issued under this article shall be valid 10
years, unless this term is changed through the permitting process.
B. A permit granted under this article becomes invalid if an operator of a
telecommunication facility ceases to operate the facility under the terms of this
article or under the specific conditions of approval for the facility. If the facility
becomes non-compliant, the owner shall cease to operate the facility and remove it
from its location within 90 days of being informed that the permit has become
invalid.
C. All permits for telecommunication facilities, regardless of the method by which
they were originally issued, may be extended administratively by the Zoning
Administrator upon verification of the permit-holder’s continued compliance with
the findings and conditions of approval under which the application was originally
approved. The Zoning Administrator may require a public hearing for renewal of
a Conditional Use Permit for a telecommunication facility.
D. As part of the permit renewal process, the Zoning Administrator may require
submittal of a certification by a licensed professional that the facility is being
operated in accordance with all applicable FCC standards for RF emissions.
Conditions of Approval:
Planning Division
1. Mitigation Measure #1 – (Construction Emissions)
The following best practice measures to reduce impacts to air quality shall be incorporated
by the project applicant, subject property owners, or third-party contractors during
construction activities on the project site. These measures are intended to reduce criteria
air pollutants that may originate from the site during the course of land clearing and other
construction operations.
Diesel PM Exhaust from Construction Equipment and Commercial On-Road Vehicles
Greater than 10,000 Pounds
All on- and off-road equipment shall not idle for more than five minutes. Signs shall
be posted in the designated queuing areas and/or job sites to remind drivers and
operators of the five minute idling limit.
Idling, staging and queuing of diesel equipment within 1,000 feet of sensitive receptors
is prohibited.
All construction equipment shall be maintained in proper tune according to the
manufacturer’s specifications. Equipment must be checked by a certified mechanic
and determined to be running in proper condition before the start of work.
Install diesel particulate filters or implement other CARB-verified diesel emission
control strategies.
Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air
conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a
sleeper berth for greater than 5 minutes at any location when within 100 feet of a
restricted areas.
To the extent feasible, truck trips shall be scheduled during non-peak hours to reduce
perk hour emissions.
Operational TAC Emissions
All mobile and stationary Toxic Air Contaminants (TACs) sources shall comply with
applicable Airborne Toxic Control Measures (ATCMs) promulgated by the CARB
throughout the life of the project (see http:www.arb.ca.gov/toxics/atcm/atcm.htm).
Stationary sources shall comply with applicable District rules and regulations.
Fugitive Dust
Construction activities can generate fugitive dust that can be a nuisance to local residents
and businesses near a construction site. Dust complaints could result in a violation of the
District’s “Nuisance” and “Fugitive Dust” Rules 200 and 205, respectively. The following
is a list of measures that may be required throughout the duration of the construction
activities:
Reduce the amount of the disturbed area where possible.
Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne
dust from leaving the site. An adequate water supply source must be identified.
Increased watering frequency would be required whenever wind speeds exceed 15
mph. Reclaimed (non-potable) water should be used whenever possible.
All dirt stockpile areas should be sprayed daily as needed, covered, or a District
approved alternative method will be used.
Permanent dust control measures identified in the approved project revegetation and
landscape plans should be implemented as soon as possible following completion of
any soil disturbing activities.
Exposed ground areas that will be reworked at dates greater than one month after
initial grading should be sown with a fast-germinating non-invasive grass seed and
watered until vegetation is established.
All disturbed soil areas not subject to re-vegetation should be stabilized using
approved chemical soil binders, jute netting, or other methods approved in advance
by the Butte County Air Quality Management District.
All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as
possible. In addition, building pads should be laid as soon as possible after grading
unless seeding or soil binders are used.
Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved
surface at the construction site.
All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should
maintain at least two feet of freeboard (minimum vertical distance between top of
load and top of trailer) in accordance with local regulations.
Install wheel washers where vehicles enter and exit unpaved roads onto streets, or
wash off trucks and equipment leaving the site.
Sweep streets at the end of each day if visible soil material is carried onto adjacent
paved roads. Water sweepers with reclaimed water should be used where feasible.
Post a sign in prominent location visible to the public with the telephone numbers of
the contractor and the Butte County Air Quality Management District - (530) 332-
9400 for any questions or concerns about dust from the project.
All fugitive dust mitigation measures required should be shown on grading and building
plans. In addition, the contractor or builder should designate a person or persons to monitor
the dust control program and to order increased watering, as necessary, to prevent transport
of dust offsite. Their duties shall include holidays and weekend period when work may
not be in progress. The name and telephone number of such persons shall be provided to
the District prior to land use clearance for map recordation and finished grading of the area.
Please note that violations of District Regulations are enforceable under the provisions of
California Health and Safety Code Section 42400, which provides for civil or criminal
penalties of up to $25,000 per violation.
Plan Requirements: Applicable measures shall be adhered to by the applicant, property
owners, and third-party contractors during construction activities. Measures shall be noted
on grading and building plans.
Timing: Requirements of the condition shall be adhered to throughout all grading and
construction periods.
Monitoring: Butte County Department of Development Services
2. Mitigation Measure #2 – (Cultural Resources)
Should grading activities reveal the presence of prehistoric or historic 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 immediately cease until a qualified professional archaeologist can be consulted to
evaluate the find and implement appropriate mitigation procedures. Should human skeletal
remains be encountered, State law requires immediate notification of the County Coroner
((530) 538-6579). Should the County Coroner determine that the 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: Should cultural resources be discovered, the project proponent shall
notify the Planning Division and a professional archaeologist. The Planning Division shall
coordinate with the developer and appropriate authorities to avoid damage to cultural
resources and determine appropriate action.
Timing: This measures shall be implemented during construction activities, including land
clearing, road construction, utility installation, and site development.
Monitoring: Butte County Department of Development Services
3. Mitigation Measure #3 – (Noise Reduction)
The project applicant shall perform the following measures at the time of development: (1)
Installation of the proposed project generator, Generac Industrial Power Systems Model
SD030, shall occur with the optional Level 2 Acoustic Enclosure that results in the
referenced noise level of 68 dB at 23 feet; (2a) Construct an 8-foot tall solid noise barrier,
that consist of either masonry or precast concrete panels, on the three sides of the facility
directed towards the residential property located east of the project site, or (2b) Increase
the proposed chain link fence height from 6 to 8 feet and line the facility with an acoustical
curtain (vinyl) product with a minimum STC (Sound Transmission Class) rating of 28 on
the three sides of the facility directed towards the residential property located east of the
project site.
Plan Requirements: Installation of the generator shall include the optional Level 2
Acoustic Enclosure. The outer perimeter of the facility shall be constructed with an 8-foot
tall solid noise barrier, or increase the height of the chain-link fence and install an acoustical
curtain product with a minimum STC rating of 28.
Timing: The selected sound barrier measure shall be shown on buildings plans submitted
to the Butte County Development Services Department, and constructed prior to finaling
of the building permit. Prior to issuance of a Building Permit for the installation of the
proposed generator, building plans shall include a Level 2 Acoustic Enclosure.
Monitoring: The Butte County Department of Development Services shall review
building plans for the facility and generator to ensure mitigation requirements have been
met. Building inspectors shall spot check and shall ensure compliance on-site.
4. The telecommunication facilities shall comply with the applicable requirements under
Butte County Code Sections 24-181, 24-182, 24-186 and 24-187.
5. The telecommunication facilities shall comply with all applicable building and electrical
codes.
6. All facility operators shall submit certification from a registered structural engineer to the
building division that all associated monopoles and towers in excess of 30 feet in height
will withstand sustained winds as required by the California Building Code.
7. No advertising or commercial display is permitted on any telecommunication facility.
8. The placement of any antenna shall not adversely affect any on-site sewage disposal system
or its repair area without written approval from the Division of Environmental Health.
9. The installation of a facility shall not violate any existing deed restrictions.
10. All facilities shall have a 12-foot-wide all-weather access to a publicly maintained road
capable of supporting a 40,000-pound fire apparatus with 15 feet of vertical clearance.
11. There shall be no outdoor vehicle or equipment storage except for emergency purposes.
12. All facilities shall fall within current regulations of the FAA, the FCC, and any other State
and federal agency with the authority to regulate such facilities.
13. If federal or State regulations are changed, the property owner or responsible party shall
bring such facilities into compliance with revised regulations within 90 days of the
effective date of such regulations, unless a more stringent compliance schedule is mandated
by the controlling agency.
14. No facility or combination of facilities shall generate, at any time, electromagnetic
frequency radiation (EMF) or radio frequency radiation (RF) in excess of the FCC adopted
standards for human exposure.
15. Any facility determined by the County to be detrimental to the health, safety, or welfare of
persons working or residing near such facility, shall be removed, adjusted or replaced by
the property owner or service provider. In no case shall a facility remain in operation if it
is found to create a hazard to the public health, safety, and welfare.
16. Facilities that are not in use for a period of six months shall be considered abandoned and
shall be removed. Abandoned facilities shall be designated as unlawful and as public
nuisances, requiring no amortization period.
17. All ground level support facilities shall be painted or screened from view with adequate
landscaping appropriate to the surrounding environment. All aesthetic treatments,
including landscaping, shall be maintained as approved for the life of the facility.
18. The owner or operator of a facility shall annually submit written verification that the radio
frequency radiation/electromagnetic frequency radiation (RF/EMF) emitted by a facility
conforms to safety standards in FCC OET 65. The reports prepared for facilities shall
conform to reporting requirements set by the FCC and the County.
19. Facilities shall be secured at all times to prevent access by the public.
20. Prior to issuance of the building permit for the installation of a telecommunications facility,
the applicant shall post a performance security in an amount and form determined by the
Zoning Administrator that is sufficient to cover the cost of a one-time test by a radio
frequency consultant selected by the County, sufficient to determine whether the facility’s
RF/EMF emissions comply with FCC standards.
21. If the facility’s emissions are determined to exceed FCC standards, the applicant shall pay
for such other tests and other corrective measures as are necessary to establish compliance
with FCC OET 65 and its successors. Continued noncompliance constitutes sufficient
grounds to commence a permit revocation hearing which may lead to permit revocation.
22. The applicant shall cooperate in all respects with the County’s consultant to assist the
consultant to reach a conclusion.
23. Prior to issuance of the building permit for the installation of a facility, the applicant shall
post a performance security in an amount and form determined by the Zoning
Administrator that is sufficient to cover the cost of removal of the facility in the event that
such facility is abandoned or subject to a revoked permit.
24. Within 30 days of the service provider’s intention of leaving the site, documentation of the
intention to remove the facility shall be provided to the County. The removal requirement
set forth in this section shall be included in the terms of lease for facilities on the property.
25. Within 60 days of abandonment, or discontinuance of use, of a telecommunications facility,
the operator shall secure a Demolition Permit from the County and the facility shall be
removed and the site restored to its pre-construction condition.
26. If an abandoned or discontinued facility is not removed within 60 days, the County may
remove the facility at the applicant’s or land owner’s expense.
Public Works
27. Prior to issuance of building permits, obtain an encroachment permit and improve all new
and existing driveway approaches to publicly maintained roads as specified in the county