HomeMy WebLinkAboutUP16-0005 Use Permit with COA
■ Butte County Department of Development Services ■
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EXHIBIT A
USE PERMIT
BUTTE COUNTY PLANNING COMMISSION January 26, 2017
DATE:
UP16-0005
PERMIT NO.
069-010-036
ASSESSOR’S PARCEL NO.
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special
conditions set forth below: Horizon Tower, LLC is hereby granted a Conditional Use Permit a
Conditional Use Permit to construct a wireless telecommunication facility that includes a 120-foot
tall (with an additional 5 feet of branches) monopine (i.e. a monopole camouflaged to resemble a
pine tree tower) designed to have up to four collocations. Currently both Verizon and AT&T are
in agreement to locate on the tower. Verizon is proposing nine (9) panel antennas (3 per sector)
mounted at the 115-ft. elevation, outdoor cabinets and associated equipment (and possibly a
standby generator). AT&T is proposing to collocate at the 105-ft elevation and include an
equipment shelter and a standby generator). Utilities will be run underground, except for the coax
between their equipment, which will be on an ice bridge to the tower. The ground equipment
facility will be situated within a 2,500 sq. ft. lease area that will surrounded with a 6-ft tall chain
link fence with privacy slats. Access to the facility will be provided by a 15-foot wide driveway
from Kelly Ridge Road. The unmanned facility will provide enhanced wireless network coverage
24 hours a day, 7 days a week.
l. Failure to comply with the conditions specified herein as the basis for approval of this Use
Permit constitutes cause for the revocation of said permit in accordance with the procedures
set forth in the Butte County Code (BCC), Chapter 24, Article 34, Section 24-251 Permit
Revocation or Modification.
2. Unless otherwise provided for in a special condition to this Use Permit, all conditions must
be completed prior to or concurrently with the establishment of the granted use. The use
granted by this Use Permit must be established within 24 months of the delivery of the
countersigned permit to the Permittee, or as provided by BCC Chapter 24, Article 34,
Section 24-247 Time Limits and Extensions.
3. Minor changes as provided by BCC Chapter 24, Article 34, Section 24-26 C, may be
approved administratively by the Zoning Administrator upon receipt of a substantiated
written request by the applicant, or their respective designee. Prior to such approval,
verification shall be made by each Department or Division that the modification is
consistent with the application, fees paid, and environmental determination as
conditionally approved. Changes deemed to be major or significant in nature shall require
a formal application for amendment.
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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:
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:
Control Dust
a. During clearing, grading, earth moving, excavation, or transportation of cut or fill
materials, water trucks or sprinkler systems are to be used to prevent dust from leaving
the site and to create a crust after each day’s activities cease.
b. During construction, water trucks or sprinkler systems shall be used to keep all areas
of vehicle movement damp enough to prevent dust from leaving the site. At a
minimum, this would include wetting down such areas in the later morning and after
work is completed for the day and whenever wind exceeds 15 miles per hour.
c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil
binders to prevent dust generation.
d. On-site construction vehicles shall be limited to a speed of 15 mph on unpaved roads.
e. Haul vehicles transporting soil into or out of the property shall be covered.
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f. Existing roads and streets 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.
g. Other measures may be required as determined appropriate by the BCAQMD or
Department of Public Works in order to control dust.
Post Contact Information
h. 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 shall be
visible to ensure compliance with BCAQMD Rule 200 & 205 (Nuisance and Fugitive
Dust Emissions).
Other Construction Practices
i. Maintain all construction equipment in proper tune according to manufacturer’s
specification.
j. Where feasible, give preference to utilizing the following equipment:
Electric equipment
Substitute gasoline-powered for diesel-powered equipment.
Alternatively fueled construction equipment on site such as compressed natural gas
(CNG), liquid natural gas (LNG), propane, or biodiesel.
Equipment that has Caterpillar pre-chamber diesel engines, as practical.
Diesel construction equipment meeting the CARB’s 1996 or newer certification
standard for off-road heavy-duty diesel engines.
Construction workers shall park in designated parking area(s) to help reduce dust
emissions.”
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: The 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.
2. Mitigation Measure #2
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 1st – September 15th) 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 two working days of the surveys
prepare a report and submit to the County and CDFW;
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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.
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: The Department of Development Services shall ensure that this note is placed
on all building and site development plans. The Department shall ensure the condition is
met at the time of development and during construction activities.
3. Mitigation Measure #3
If construction occurs between March 1st and September, 15th the developer shall engage
the services of a qualified biologist to survey the project site and area within 250 feet of
the site for nesting birds of prey and migratory birds, no more than thirty days prior to the
initiation of construction. Results of the preconstruction survey shall be submitted to the
Butte County Development Services Department.
a. If an active nest is located within 250 ft. of the project study area, a qualified
biologist will monitor the nest weekly during construction to evaluate potential
nesting disturbance caused by construction activities. The biologist monitoring the
site will immediately notify the Department of Development Services of any
potential nesting disturbance caused by construction activities. The Department of
Development Services will have the authority to stop construction if construction
appears to be resulting in nest abandonment or forced fledging.
b. If an active nest occurs in a tree scheduled for removal, the species of bird using
the nest will be determined by the qualified biologist. The biologist making the
determination will immediately notify the Department of Development Services of
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any active nest in a tree scheduled for removal. The nest tree will be preserved until
it is outside of the breeding season for that species or until the young have fledged.
If construction cannot be delayed until the end of the breeding season, guidance
from the California Department of Fish & Wildlife shall be requested.”
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: The Department of Development Services shall ensure that this note is placed
on all building and site development plans. The Department shall ensure the condition is
met at the time of development and during construction activities.
4. Mitigation Measure #4:
Prior to any development activity, site disturbance, or the issuance of any permit or
approval removing or encroaching upon oak trees on the project site (this generally
includes the canopy drip-line of trees within the area of ground disturbance and trees
subject to changes in hydrologic regime) an Oak Tree Mitigation Plan prepared by a
certified arborist, registered professional forester, botanist or landscape architect shall be
submitted for review and approval by the Director of Development Services or his/her
designee that includes:
1) A survey showing the location of oak trees 5 inches or more in diameter at
breast height, as defined by PRC §21083.4(a);
2) The removal of all oak trees 5 inches or more in diameter at breast height shall
be mitigated. It shall be mitigated by the following: replanting and maintaining
oak trees, establishing conservation easements, contributing funds for off-site
oak woodlands conservation/open space, and/or other mitigation measures
developed by Butte County. Replanting oak trees cannot account for more than
one-half of the mitigation. Replanting of oak seedlings shall be of the same
species removed and be planted at a 3 to 1 ratio. Replanted oak trees shall be
maintained for a period of seven years after they are planted. If any of the
replanted oak trees die or become diseased, they shall be replaced and
maintained for seven years after the new oak trees are planted;
3) A replanting schedule and diagram for trees removed or encroached upon by
permit activities consistent with PRC §21083.4(b)(2), applicable mitigation
measures, and Butte County Ordinance, if any, shall be submitted to and
approved by the Director of Development Services or his/her
designee. Replanted trees shall be planted in areas deemed appropriate by the
Plan, considering future lot development, interference with foundations,
fencing, roadways, driveways, and utilities. Trees planted shall be protected
from livestock and other animals;
4) Oak Tree protection measures for trees to be retained within the project site
shall be included in construction specifications. Each oak tree to be preserved
shall be surrounded by a tree zone identified by the drip line of the tree. An
orange plastic fence or other suitable type of fence shall be used to identify the
tree zone during construction activities. No vegetation removal, soil
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disturbance, or other development activities shall occur within the tree zone in
order to protect root systems and minimize compaction of the soil, unless
authorized by Oak Tree Mitigation Plan; and
5) Conservation easements or funds for off-site oak woodlands conservation shall
be proposed to and approved by the Director of Development Services or his/her
designee.
Plan Requirements: No vegetation removal, grading, road construction, or other
earthwork shall be permitted until the tree plan is submitted and approved.
Timing: Requirements of the condition shall be satisfied prior to any development activity
or the issuance of any building permit, or the approval of any improvement plans on the
parcels.
Monitoring: Butte County Department of Development Services shall ensure compliance
with this requirement.
5 Mitigation Measure #5:
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. 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.
5. The telecommunication facilities shall comply with the applicable requirements under
Butte County Code Sections 24-181, 24-182, 24-186 and 24-187.
6. The telecommunication facilities shall comply with all applicable building and electrical
codes.
7. 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.
8. No advertising or commercial display is permitted on any telecommunication facility.
9. 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.
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10. The installation of a facility shall not violate any existing deed restrictions.
11. 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.
12. There shall be no outdoor vehicle or equipment storage except for emergency purposes.
13. All facilities shall meet current regulations of the FAA, the FCC, and any other State or
federal agency with the authority to regulate such facilities.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. Facilities shall be secured at all times to prevent access by the public.
21. 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.
22. 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.
23. The applicant shall cooperate in all respects with the County’s consultant to assist the
consultant to reach a conclusion.
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24. 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.
25. 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.
26. 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.
27. 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.
28. Prior to establishing use, obtain an encroachment permit and improve all new and existing
driveway approaches to publicly maintained roads as specified in the county improvement
standards and the terms of the encroachment permit. Prior to constructing facilities into,
under, over, above, or upon any county public street in the unincorporated area of the
county, obtain a utility permit from the Butte County Public Works Department. Submittal
of improvement plans for review and approval by the Public Works Department may be
required depending on the facilities proposed.
Environmental Health
29. Submit a Hazardous Materials and Emissions Questionnaire to Environmental Health
Division for review.
Processing Fees
30. Prior to issuance of the Use Permit, pay any outstanding project-related processing fees.
I hereby declare under penalty of perjury that I have read the foregoing conditions that they are in
fact the conditions which were imposed upon the granting of this Conditional Use Permit, and that
I agree to abide fully by said conditions.
Date: ______________________ ________________________________________________
Applicant
NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health
Division permits before starting construction, nor does it waive any other requirements.
cc: Land Development Division
Building Division
Environmental Health Division
Butte County Fire Department/CDF
Assessor’s Office