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HomeMy WebLinkAboutUP 09-00083 LEAD IN SHEET & COMMENT DISTRIBUTION LIST FILE NO: 11UP`98- o 9 - o o c> $ APN: 040-020-171 APPLICANT: Verizon Wireless OWNER: MCKINNEY, DENNY ENGINEER/AGENT: Complete Wireless PROJECT DESCRIPTION & LOCATION: The applicant (Verizon Wireless) is proposing to construct a 100 -foot monopole cellular tower. The tower will replace facilities that are currently located on a radio tower, approximately 1.6 -mile north, which is being removed. Twelve panel antennas are proposed to be centered at the 96 -foot level. Additionally, two microwave dishes are proposed to be centered at the 83 -foot level. The facilities are proposed to be located within a 1,200 square foot lease area that is situated in the northwest corner of the parcel. VtW The�te is located on the south side of the Skyway, near the Skyway/Honey Run Road/Longest Drive intersection, east of the City of Chico. SIZE: 2.5 -acres (1,200 square foot lease area) SUPERVISORIAL DISTRICT: 4 EXISTING ZONING: M-1 (Light Industrial) GENERAL PLAN DESIGNATION: I (Industrial) ASSIGNED PLANNER: Chris Tolley Date Application Received: 12/18/2008 Date Project Assigned: 12/19/2008 Requested IDR Date: / 7 0"6 30 Day Complete: 1i/.17/201(1$t20/2000 is the first business day after �/16/20(1Bj Tentative Hearing Date: COMMENT DISTRIBUTION LIST . County Offices and Cities: LOAPUD ❑ ®— Environ mental Health n ❑ County Counsel Domestic Water: LAFCo ❑ City of Biggs ®^ Agricultural Commissioner. ® City of.Chico Thermalito Irrigation District Public Works/Land Dev ❑ City of Gridley ® Assessor's Office - Mapping ❑ City of Oroville ❑ Planning Division Staff ❑ Town of Paradise ❑ Building Manager ❑ Table Mountain Irrigation Dist. Fire Protection: LOAPUD ❑ ® CalFire ❑ El Medio Fire Protection District Domestic Water: ❑ ❑ S.F.W & P. Agency (OWID) ❑ . Butte Water District ❑ California Water Service Co. ❑ Thermalito Irrigation District Utilities: ❑ State Agencies: ❑ PG&E North & South - Chico ❑ AT & T Irrigation District:. ❑ Dept. of Conservation ❑ Biggs / West. Gridley Water ❑ Durham Irrigation Dist. ❑ Richvale Irrigation Dist. ❑ Table Mountain Irrigation Dist. Sewer: ❑ LOAPUD ❑ ❑ City of Chico .(Sewer) . ❑ Drainage Districts: ❑ Sacramento & San Joaquin ❑ Drainage Dist. ❑ Reclamation District No. 2054 ❑ State Agencies: ❑ Cal Trans ❑ ❑ Dept. of Conservation ❑ Federal Agencies: ❑ U.S. Forest Service ❑ Sterling City Sewer Main City of Oroville (Sewer) Drainage District 200 ❑ BCAG ❑ ALUC ❑ APCD' ❑ Butte Co. Farm Bureau ❑ Chico Airport Commission ❑ Chief Administrative Officer El ❑ Del Oro Water Co. ❑■ ❑ Paradise Irrigation Dist. El ❑ Skansen Subdivision (CSA 21) ❑ SCOR ❑ Reclamation District No. 833 Reclamation District No. 2056 ❑ Dept. of Water Resources U.S. Bureau of Management ❑ Dept. of Fish & Game El Land ❑ EPA ❑ . USFWS ❑ Army Corp. of Engineers ❑ Other Districts, Agencies, Committees: ® US Plant Introduction Gardens (3935 Morrow Lane, Chico, CA 95926) G:\PROJECTS\Trakit Merge Documents\Drafts\Lead In Sheet & Comment Distribution List.doc 0 Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile APPLICATION PACKET FOR USE PERMIT OR MINOR USE PERMIT Applicant Name:y tr�Z o"\ W o rc- e S S Project Number: Check One ❑ USE PERMIT ® MINOR USE PERMIT BUTTE COUNTY DEC "18 1008 DEVELOPMENT p SERVICES APPLICATION PACKET CHECKLIST The applicant should discuss the application requirements with Department of Development Services, Public Works and Environmental Health staff prior to preparing this application. Please note that acceptance of your application is not an indication of approval. Application packets with,missing components cannot be accepted. Include this checklist along with your submittal. Applicant PlannerN 1. El El Complete a Pre -Application Review with the Environmental Health Division and provide evidence of meeting their requirements for sewage disposal and water supply in one of the following ways: ❑ A pre -application completion letter from Environmental Health ❑ A Willing and Able to Serve Letter from the appropriate utility district ❑ A completed cooperative agreement for annexation into a utility district 2. ® A completed, signed Project Information Form. 3. A complete Project Setting Description (instructions attached). 4. ® If the application is signed by an agent for the owner, an agent authorization form must be / submitted along with the application. The application cannot be accepted unless signed by the owner or authorized agent. 5. ® A signed agreement for Butte County Archaeological Resources Project Review by the Northeast Information Center (NEIC) accompanied by its required topographic map and a check in the amount of $75.00 made out to "NEIL". t ' • BUTTE 0 COUNTY Applicant Planner DEC 18 2008 DEVELOPMENT 6. ❑ Payment of the currently required Application Hde T id/or Deposits. Make checks payable to "Butte County Treasurer". Public Fee Schedule is available under "Fees" at: hitp://www.buttecounty.net/dds/Planning/ Additional fees for publication notices will be required prior to issuance of the use permit. Application fees are non-refundable. Applicant's Initials 7. ® � A creation document for the project parcel and evidence of current property ownership. 8. M SITE PLAN: Thirty (30) copies of a site map drawn to standard engineering scale j a (e.g., 1" = 20'). Additional copies of the map shall be made available to county j departments upon request. All maps shall be drawn on uniform size sheets no less than 11 "x 17" and no greater than 24" X 36", folded to 8 %" x 11 ". In addition, a { digital copy of the map and aerial photographs are encouraged. The detailed man must include: a. ® ❑ Name and business address of the applicant, engineer or person who prepared the map. b. ❑ Assessor Parcel Number(s); street address (if available); tract name and date (if applicable); and/or Township, Range and Section numbers. C. ❑ Proposed use and/or uses of the property. d. ❑ A vicinity map indicating the location of the land in relation to the nearest major roads and/or significant topographic features in the surrounding area or region. e• ® ❑ -------. Property lines, lot dimensions and any applicable easements of record or proposed. -................._....... _— f. M E] -- -... — -- - -... ----.—..—_._...._........._.._.._........ ---------._._...-. ...... ...._........_..................._.......... .......... ......-.-.._-..__... _.....................� Dimensioned locations of existing and proposed public and private improvements on the property (including, but not limited to, buildings, driveways, roads, parking j areas, wells, septic tanks, sewer lines, leach fields, utilities, signage, storm drainage _S.Y....stems_ and lighting.) .......... ---......... _................ _-----._.._..__....._.__.._.__._..._._...... _.... - - _....._..__...__..._.__...._.. - - _- ---- g. ❑ Location of all water features including, but not limited to, natural and human -made NUS- drainage courses, irrigation canals, ponds, creeks, sloughs; topographic features including, but not limited to, buttes, slopes > 30%, rock out-croppings; and existing vegetation, such as oak trees greater than 5" in diameter and agricultural crops. h. ❑ ❑ Distances between any significant natural and constructed features of the property, ; (� such as streets, access roads, streams, rock outcroppings, major tree stands, storm j drains, bodies of water, railroads, and their relationship to the property lines�I 1 ❑4\v ❑ Location, height, and materials of walls and fences (sections may be required). 1 ❑NUR ❑ ._._...... _---._..................... —___.-.-------...................................................... _...... ------------- _.... Internal circulation pattern, if applicable. ! k ❑01 ❑ Existing fire hydrants within 1000 feet. 1. ❑ ❑ Approximate location of all buildings, wells, septic tanks and leach fields within j 100 feet, on adjacent properties. m• 00V ❑ All driveways, drawn to scale, on properties within 100 feet of the site. n. 1-100� ❑ Existing curbs, gutters, sidewalks and road surface widths on-site or on properties within 100 feet of the site. o• ❑V ❑ Any existing faults or fractures and geologic hazards. 2 ._..... ........ _...... ... - - __ — ----------- _ - — _ _ -- . -----_--------------------- ----- --_. P- ❑ Elevation contours, at an appropriate vertical scale. I q• [Z ❑ Indicate at least one route from the property to a publicly-maintained road. j r• VY Off-street parking ursuantto coup code. ❑ ❑ P g-p county . -� _....... _. _............. ..._......................._ �__.. ._...... - --. _ _...----- ......... -- ....... :. -- - S• �D ❑ Indicate scale and include a north arrow oriented to the top of the sheet. t ❑ All maps must be clear and legible. j BUTTE Applicant Planner COUNTY - - 9. Building Elevations DEC 18 2008 ' DEVELOPMENT SERVICES 10. ❑❑ If applicable, provide a proposed landscaping and irrigation plan on a separate sheet. 11. ❑V ❑ If applicable, provide a conceptual grading plan. Items to be shown on the plan include: a. ❑ ❑ Natural areas to be preserved. b. ❑ ❑ Proposed cut and fill areas in contrasting colors or patterns. c. ❑ ❑ Existing and proposed contours at an appropriate vertical scale within the project and - on adjacent properties within 100 feet of the project boundaries. . . d. - ❑ ❑ Proposed drainage and flood control facilities. e. ❑ ❑ Erosion control measures and best management practices (e.g., - slope landscaping). f. ❑ g. ❑ ❑ Natural drainage. ❑ - Location of retaining walls, drainage channels and existing structures h. ❑ ❑, Location, elevation and size of proposed building pads. Additional information may be required in order to clarify, correct or supplement the above submittal information or to complete any required environmental review documents, as deemed necessary by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or -Agriculture Commissioner. Additional fees may be collected for the California Department of Fish and Game at the time of recording the Notice of Determination as required by Public Resource Code (PRC) section 21089 (b). Please call the Planning Division of the Department of Development Services at (530) 538- 7601 if you have any questions about these requirements. 3 Signature: Applicant/Representative Signature: �4,1",Jjj, Planner Receiving Application Date: 12 — I <� --95 S Date: -A K:\Planning\FORMS\APPLICATIONS\UsePermit_MinorUP.doc Revised 07/26/06 BUTTE COUNTY DEC 18 1958 DEVELOpIigENT SERVICES 4 Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 811TTE COQI TY ` 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone Op1v1EN r (530) 538-7785 Facsimile DE CLOVMSIERVICES APPLICATION FOR COMMUNICATIONS FACILITY INSTALLATION Applicant Name: Ar1ZDr1yv�r-i,''CSS Project Number: -MO3 Note: This checklist .must be accompanied by a Use Permit or Minor Use Permit Application (per Butte County Code Section 24-262.E). APPLICATION PACKET CHECKLIST The applicant .should discuss the application requirements with Department of Development Services, Public Works and Environmental Health staff prior to submitting an application. Please note that acceptance of your application is not an indication of approval. Application packets with missing components cannot be accepted.' Include this checklist along with your submittal. Applicant Planner 1.0 E� Statement of Justification. Must include the following: a. 14 ❑ A description of the proposed facility, including the type being requested. r b. ® ❑ Height from natural grade to the top of proposed Facflity. ' C. ❑ Support equipment proposed. d. ❑ RFR/EMF and wattage out data including the number of channels. See puw2r C�ens�-4� �M2rvb e. ❑ ❑ Horizontal and vertical location coordinates. 2. ® Proposed elevations of the structure and any accessory buildings, including building height and other physical dimensions, drawn to graphic scale. 3.0 Visual impact assessment, photo montages, mock-ups as determined by the Director of Development Services or Planning Commission. The assessment shall ,identify any proposed trimming of vegetation that will be required for the normal operation of the Facility. Stealth technology is encouraged. 1 4. ® 0 Mock-ups required (may be required at any time during the processing of the permit). 5. A discussion of and supporting information regarding the alternative site selection of at least a minimum of three to four other sites, if available, including colocation opportunities, and a statement as to why these alternative sites and/or colocation opportunities were rejected. S -e --e *?fiu-kcA- 6. ❑ I�L A complete service area map showing the provider's' entire wireless communications network twenty (20) miles in all directions from the proposed site for the time period from the filing of the application to twelve (12) months from the filing of the application, for the purpose of visually aiding cumulative environmental' analysis, with and without the -proposed facility or facilities, showing all hand-off sites within the above specified area. S -e, e CoQ kxO-(�-P_ N`-rk 7. A graphic depiction of the search ring and all other technical criteria used in determining ✓✓✓ the proposed facility location. 8.0 JZ Documentation which identifies failure characteristics of the facility structure or tower and demonstrates that the site and setbacks are of adequate size to contain falling debris. S 4 .Z 'PMS4SAS�p�e�r� S�a,��w, e✓� �- 9. ® 19' At the time of application for new wireless facilities use permit, the applicant should consider any future needs for installation of backup emergency power (diesel generator) systems. Related to such installations, applicant must provide the following information: a. ®. El rvpan-�. Operating specifications of the P generator, including horsepower rating and noise output rating. b. ❑Nip ❑ f Provide specifications for noise attenuation/acoustical shielding structures/enclosures for the diesel engine. c. ❑ Fuel tank and/or batteries specifications: Location (including above or below ground) of all emergency power backup installations must be cle ly specified on the site plan. ® ❑ Sze mp,mo d. State number, specifications, and location of all battery backup systems. ® ❑ S e-2 bc.,Aerl� YY\ k_rV t o e. Provide proposed hours of periodic testing of emergency power systems. f. ® ❑ The applicant acknowledges that s/he will need to submit an application to Butte County Environmental Health Division for approval of a Hazardous Materials Release Response . Plan by a separate Request for Service Environmental Health Division application and accompanying fee for each project that includes an emergency backup power system. p } Y•1 TZ mj)TrY DEC 18 KOO SFRVICES 10. Written evidence demonstrating that the selected facility structure or tower design is as° visually unobtrusive as possible, given technical and engineering considerations. This. evidence shall indicate which type of facility is required to provide reasonably effective service and also the best technology and/or construction available to maximally achieve visual unobtrusiveness. The use of best available technology and/or construction to maximally achieve visual unobtrusiveness is mandatory: S.pA S k aAQ.w, ery A- 11. ❑ ❑ Applicants who operate common carrier facilities (specifically, but not limited to N �� �� cellular, . PCS, SMR and paging service licensees of the FCC) shall provide written evidence that the applicant has provided notice to all FCC licensed wireless communication service carriers operating within the County of Butte of the plans to develop the site. 12. ® Evidence of a valid, current operating license or construction permit from the FCC or, if the applicant is not a wireless communications service provider, a user operating agreement for each and every such provider to which the applicant intends to rent space on the proposed facility. S.ee_ 0U- Uc p_c • L'Ceas.e_ 13. V IR A report, signed by a qualified radio frequency engineer licensed by the FCC, prepared pursuant to FCC OET 65, stating whether the maximum radio frequency radiation/electromagnetic radiation (RF/EMF) to be emitted by the proposed facility, taking into account all other facilities, both existing and known future facilities, at the proposed site and adjacent properties, conforms to safety standards adopted by the FCC, if applicable. The reports prepared for facilities shall conform to the reporting requirements set by the County and FCC OET 65 human exposure standards. The report shall also analyze the evidence provided in support of the proposed facility location, height and radiated power, frequency, the number of channels, and all other related data and present alternatives for the location, height and radiated power, pursuant to the requirements of this section. If the proposed facility exceeds FCC OET 65. human exposure standards, applicant shall also provide additional comprehensive technical and planning information regarding how the applicant shall protect all persons from such excessive exposure consistent with all Federal and State requirements, and any additional County requirements. S e Q_ d,Ov�,_Ghec9 C LY -1,C -CL 14. ❑ ❑�\ Landscaping and painting plans for the completed project. 15. ❑ Projects in Agricultural Zones (A-5 through A-160) shall, -prior to submitting an. (J j� application fora proposed facility, submit a site plan of the proposed facility to the Butte 'County Agricultural Commissioner for comment and send a notification letter to all aerial agricultural applicators registered in the County informing them of the proposed site location and tower height. No hearing on an application for a proposed facility in any agricultural zone will be scheduled, nor shall any Administrative Permit for any such facility be issued without proof that the Butte County Agricultural Commissioner BUTTE COUNTY 3 DEC 18 2008 y 3 DEVELOPMENT SERVTCES • and all aerial agricultural applicators registered in the County have been notified, as specified herein. 16. V All applications for facilities that are proposed to be located within the boundaries of any Comprehensive Airport Land Use Plan or Airport Area -of Influence, as adopted or designated from time to time by the Butte County Airport Land Use Commission, shall be submitted to the Department of Development Services, Planning Division, and a copy submitted to the Butte County Airport Land Use Commission for review regarding consistency with adopted Comprehensive Airport Land Use Plans and for recommendations addressing potential impacts to air navigation within the Airport Area of Influence. The County may in its sole discretion retain an independent consultant to review either individual elements of or the entire application and advise the County at the applicant's sole expense. After approval and prior to issuance of the building permit, the applicant shall post a performance security 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. In addition, the applicant shall post a separate performance security to cover the cost of removal of the facility in the event that such facility is abandoned, or the permit has been terminated for violation of its conditions by the county after hearing, or has expired, or after notice has been given to the owner/operator by the county, no application for renewal has been filed. Additional information may be required in order to clarify, correct or supplement the above submittal information or to complete any required environmental review documents, as deemed necessary by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. Please call the Planning Division of the Department of Development Services at (530) 538-7601 if you have any questions about these requirements. Signature: pplicant/Representative Signature: Planner Receiving Application K:\Planning\FORMS\APPLICATIONS\Communications Facilities.doc Revised 08/04/06 Date l2.— Date: BUTTE COUNTY DEC 18 2000 DEVEk.�g-,,v1zNT SERVICES All Facilities Are Subject To The Following Land Use Permitting Requirements In Specified Zone Districts, In Addition To All Applicable .Requirements Of This Chapter. (24-262(d)) PERMIT REQUIREMENTS ONE DISTRICT BUILDING FACADE ROOF MOUNTED CO -LOCATION NEW TOWER OR POLE UTILITY POLE MOUNTED (Includes Antenna) -5 TO A-10 MUP MUP MUP UP MUP -15 TO A-160 MUP MUP MUP MUP MUP RTO AR -10 UP UP UP UP MUP -SR* R P UP P UP P UP P UP P UP R-1 TO FR -10 UP UP UP UP UP R=20 TO FR -160 MUP MUP MUP MUP MUP 1 TO R4* P P P P MUP** -N* P P P P MUP** T-1 * P P P P MUP** SR TO SR5* P P P P MUP** -P* P P P P MUP** S -H* HP* P P P P P' P P P MUP** MUP** UP UP UP UP UP -Z* P P P P P C-1 MUP MUP MUP MUP AP C-2 MUP MUP MUP MUP AP C -C MUP MUP MUP MUP AP -C MUP MUP MUP MUP AP -C -1 MUP MUP MUP MUP MUP MUP MUP MUP AP AP -1 MUP MUP MUP MUP AP -2 MUP MUP MUP MUP AP C -F MUP MUP MUP MUP AP M-1 TO TM -160 MUP MUP MUP MUP AP BUTTE COUNTY 5 DEC 1 8 2008 DEVELOk HENT •SERVICES PZ -160 MUP MUP MUP MUP. AP -Q MUP MUP MUP MUP AP RBP MUP MUP MUP MUP AP -C MUP MUP MUP MUP AP P = Prohibited AP = Administrative Permit MUP = Minor Use Permit UP = Use Permit * Facilities are prohibited from locating in these zones or within one thousand (1,000) feet of these zones, or within one thousand (1,000) feet of the property line of any parcel within any residential zone in any incorporated city in the County of Butte or in any incorporated or unincorporated area of another county. The installation of and the permitting of facilities in these areas is prohibited except when: 1) no feasible alternative site exists; and 2) a denial would constitute a prohibition on, the provision of the affected wireless communications service in violation of federal or state Law. The burden of proof shall be on the applicant to establish both conditions. A use permit is required in these zones or within one thousand (1,000) feet of these zones should both exceptions herein be met by the applicant. **Utility pole mounted facilities may be located within RI to R4, R -N, RT -1, SR to SR -5, R -P, S -H and MHP zones with an approved minor use permit. ***Notwithstanding any other provision of the Butte County Code, whenever an applicant proposing a facility in any prohibited area or of any prohibited height or configuration, such that this section imposes the burden of proof on such applicant to show that: 1) no feasible alternative site exists; and 2) a denial would constitute a prohibition on the provision of the affected wireless communications service in violation of federal or state Law; a hearing shall be held on the above two (2) issues by the board of supervisors. At such hearing, the applicant shall have the burden of producing evidence and the burden of proving the above two (2) conditions through competent evidence introducedinto the record. The board may allow others the same opportunity to present evidence at the hearing. The formal rules of evidence shall not apply at such hearings. A presumption shall exist as to the lack of the two (2) conditions. The decision of the board of supervisors shall be sustained if it is supported by competent evidence contained in the record. At the conclusion of the hearing, the board of supervisors shall determine, based upon the evidence in the record, whether the applicant has met the burden of proof, make findings based on the evidence presented, and refer the applicant's proposal back to the planning commission for further proceedings on the applicant's proposal consistent with the board's findings. BUTTE COUNTY DEC 18 2008 DEVELi -k. W1 ENT SERVICES Butte. County Department Of Development Services BUTTE 7F uTrF TIM SNELLINGS, DIRECTOR ( PETE CALARCO, ASSISTANT DIRECTOR COUNTYI `, 7 County Center Drive o; '� o, Oroville, CA 95965 DEC t 8 20080 _-;\A--'4,o (530) 538-7601 Telephone c a (530) 538-7785 Facsimile DEVELOPMENT _- CQU SERVICES N �r k$�.'�..? u'h.n�'it#. '�"'•y-€''�.z-�'.,*,i, t? ��a �.�`ta.'�-��§.*,�-4vv:?` �":y�a. xtv�S„'a',�'�. :i,:h:a,+°�'s�. k:'�„'',.'�..'�?k �,�'t�,'�2'�$a.>m. �s►tr X... �*3>` Y�Z( APPLICANT'S NAME: (If applicant is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: uCnZon Wirt tSs Flo J.1\.an dna . Cum 1 � s 0`f � - C7 - i ADDRESS: STREET, CITY, STATE, &ZIP CODE •TELEPHONE: - " ®0101\ V, V s�- e --t Sc,-cy-a (C\e >z1-1 E-MAIL: FAX: r.'a Q (bw� 1,t �-�w► i \.c S S : r� -4 (ci 11v j 2-9 D - v-1-1-7 OWNER'S NAME:' . .: 4�a l-� Me TELEPHONE: �- �1 rn ,n ne - Sea l► - ADDRE S- STREET, CITY, STATE,)& ZIP CODE: 1y40 Sk�wat l C VSL D , C -)F't °15q —L Visku`� x�5r.1-0 ON PROPERTY INFORMATION= zzrt_� 5�f - - -7a3�. ..-•T _ `�. �L1r..e%.,.Ni.:-_-iYe3J>Z,,. t -Y_ -T ..1.-6xsY la', NAME OF PROPOSED PROJECT (if any) SITE SIZE (in square feet or acres) , C�-v c0 LOCATION OF PROJECT (majorcross'streets and address, if any) L4 % O vz U. -A 91�5 ZB ZONE • ' GENERA LAN LAND USE PROPOSED LAND USE M-1 r du skrl'Ol l" WSTING s �o� �-Seu nth (.0 vac t\ess b EXISTING STRUCTURES (square feet) PROPOSED STRUCTURES ( square fee UNDER WILLIAMSON ACT CONTRACT -t 0� ^ �vo� wwno _ Z`-10 {:F ❑ Yes No (Check One) OVA— (Check One) N Cr ❑ PROPERTY IS, OR PROPOSED TO BE SEWERED ,, ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER ❑ PROPERTY IS OR PROPOSED TO BE ON SEPTIC ❑ PROPERTY IS OR PROPOSED TO BE ON WELL WATER ...F REPLICATION TYPE F i e � r NMI � ❑ ADMINISTRATIVE PERMIT ❑ TENTATIVE SUBDIVISION MAP El LEGAL LOT. DETERMINATION ❑ TENTATIVE PARCEL MAP ❑ USEPERMIT. ❑ WAIVER OF PARCEL MAP ® MINOR USE PERMIT =: ❑ CERTIFICATE OF CORRECTION ❑ COMMUNICATIONS FACILITY UP/MUP ❑ REZONE ❑ VARIANCE; ❑.GENERAL PLAN AMENDMENT . ❑ MINOR VARIANCE ❑' MINING AND RECLAMATION PLAN ❑ LOT LINE ADJUSTMENT ❑ DEVELOPMENT AGREEMENT ° ❑ CERTIFICATE OF MERGER ❑ OTHER -�' T �. �5`"s F'A'N ";�Nf Wr i._.�`C v ,f' 4'a^ •sx* 9 < ,!`. .£.* 5 E��-�4 31 &':_-« su .r:t a: �' .:2�'z i"a H s ku }, E -... ��� � ,.v • t �� s<a� PROJECT DESCRIPTION .fid �� � WIN ".., a ,� __,�:z�.�:�-<..s5�_.�3�.a5..a � .«§ xt..:. L.n %I,��'�-F�;✓.. ,_ ..'.�4d,. '�-tt : ? 3 .�+e., ti` A a ' '✓!' Qu'w �.rJu k"���:.�0�'1'"CJ�'i;.^ ��"Ys���'3 'd 3 � �",Y�'� FULL DESCRIPTION OF PROPOSEDf•PROJECT (Attach necessary sheets. If this application is for a land division, describe the number and size of parcels:) V4 X12—(�(\ ..Wm � SS .. C - Prt�o use ow►wtu v►1' ca -I -I D r s tic i IrFN -1-� a wok V^V \wn'0 \.e- n nCi, cxS sbci co--ef • 900'\"�61 291t•� fJwtP ✓l -F- S 2 fro 2 S uc'A-SekQ,M �n-t 3 5 'E`.` v.^n ° 2'.S,.i:'' Z+ y ,> . ' fzm' "X- � d J -7�i• .,xsk�f `tNt `� .� . he K .:b -t �` �.. _ k. '�'£ 'r'r,. ,[ -. yY..f .. % t #S z wi .2A�i k �k' b •s 1 4 r";r A OWNEwR CERTIFICATION ��az �'� t �-�. . �+ F _P S'� � F g� r,� s�� x f .,. ...a . P....- � .u:,/ �,:1 s . �R.. _n ?x -1 .... _....e._ S .d :.. #`.._.-...-i.�.u' �- S•f-Si �...+ L3va4:Eada_ � _? .x a..Y K.k...-'�..F.'$fd..a.... ttPX. �C_ 1 CERTIFY. THAT 1 AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY_ , FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ' ACCURATE. "(If an agent is. to be•allthorized, execute anaffidavit of authorization and include the affidavit with this application.) DATE: \1.� l� SIGNATURE:, NOU-5-2008 04:14P FROM:CASCO 5308911460 TO &63133730 P.1 5 Nov 0 2006 4:04PM Co ete Wireless Consult 916- -2114 P.1 CDONfX AGENT AUTHORIZATION -EC 18 ZOQB DEVELU��'Ii:NT To Butte County, Department of Development Serrices: SER�CE3 Print Name of Agent Phone Number . e aD QCA S- -e.A- . S a.c,r r� r,r�en ko Grp- u Miling is hereby authorized to proms this application on mylour property, identified as Butte County Assessors Parcel Number(s) -9-4Q-b-2-0 -1-11 N This authorisation allows representation for all applications, hearings, appeals, et -c. and to sign el l documents necessary for saldprocessing, but not inchwing document (s) relating to record title interest. Owner(@) of Record (sign and print mate) a Pint Nitme atApplieant (!father AaN owner) Print Name &p m a Signature of Applicant (Vother than owner) • ( 1 PdW Natrte of Callfo" Civil Hngitucr/Ltnd gTaveyot Phone Number Mailing Address Email Addmss ei Butte County Department of Development Services. TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile BUTTE COUNTY DEC 18 2008 DEVEi Al irmENT SERVICES PROJECT SETTING DESCRIPTION INSTRUCTIONS Applicant Name: VerI2_0 \ V\)`�-Q,�SS Project Number: ��V'ood Please address the following on a separate sheet of paper: 1. Identify any applicable proposed development schedule, including anticipated, incremental, or phased development and all associate projects. 2. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies. 3. Describe the site as it exists before the project, including information on topography, soil stability, plants, animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. 4. Describe the surrounding properties, including information on plants, animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one -family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear yard, etc.). 5. Include any special studies prepared for the project site including, but not limited to traffic, biology, wetlands delineation, archaeology, etc. Project Setting Description for Verizon Wireless Site "Chico Relo" at 1480 Skyway, Chico BUTTE LAT: N39142' 41.91"LONG: W1210 46'40.7211 COUNTY DEC 18 2008 DEVEI,C3kMENT SERVICES 1. Identify any applicable proposed development schedule, including anticipated, incremental, or phased development and al] associate projects. The proposed development consists of the installation of a 100 foot monopole with 12 panel antennas, the addition of a 12'x 20' pre fabricated equipment shelter, and propane generator. The shelter will house associated radio equipment. Following the planning approval, Verizon will apply for their building permit. Upon the issuance of the building permit, the tower with antennas, a pre fabricated equipment shelter and propane generator will be installed. The construction of the facility will be in compliance with all local rules and regulations. They typical duration is 1 to 2 months. The crew size will range from 2 to 10 individuals. 2. List and. describe any other related permits and other public approvals required for this project, including those required by city, rebi.onal., state and. federal agencies. Butte County building permit and any applicable federal and state regulatory filings. 3. Describe the site as it exists before the project., including information on topography, soil stability, plants, animals, and any cultural, historical, or scenic aspects. .Describe any existing stTuctures on the site and the use of the structures. The project site is located on flat ground. Soils, vegetation and wildlife are known to be those common to the outlying Chico area. The project site is used as an asphalt sealing company. Currently the proposed site is used for storage for the asphalt sealing company. There is a modular home and office on the property. 4. Describe the surrounding properties, including information on plants, animals and any cultural,, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one -family, apartment houses, shops, department stores, etc.), and. scale of development: (heigh.t, frontage., set -back., rear yard, etc.). The surrounding properties are zoned M -I (Industrial). The properties are similar in topography, soils, vegetation and wildlife. To the south is a golf course, west is property zoned Public (vacant land), to the north and east is an asphalt making company. 5. Include any special studies prepared for the project site :including, but not limited. to traffic, biology, wetlands delineation, archaeology, etc. None at this time. FILE NO.: PROJECT TYPE: APN: APPLICANT ADDRESS: PHONE: OWNER: ADDRESS REPRESENTATIVE ADDRESS: J PROJECT SUMMARY SHEET MUP08-0003 MINOR USE PERMIT 040-020-171 Complete Wireless 2009 V Street, Sacramento, CA95818 9162177513 MCKINNEY, DENNY PO BOX 3742CHICO, CA95927 <undefined value> <undefined value><undefined value>, <undefined value> <undefined value> PROJECT DESCRIPTION: PROJECT DESCRIPTION & LOCATION: The applicant (Verizon Wireless) is proposing to construct a 100 -foot monopole cellular tower. The tower will replace facilities that are currently located on a radio tower, approximately 1.6 -mile north, which is being removed. Twelve panel antennas are proposed to be centered at the 96 -foot level. Additionally, two microwave dishes are proposed to be centered at the 83 -foot level. The facilities are proposed to be located within a 1,200 square foot lease area that is situated in the northwest corner of the parcel. The site is located on the south side of the Skyway, near the Skyway/Honey Run Road/Longest Drive intersection, east of the City of Chico. SIZE: 2.5 -acres (1,200 square foot lease area) PROPERTY ZONED: M-1 Light Industrial GENERAL PLAN DESIGNATION: I - Industrial 1. Application accepted: 12/18/2008 2. Assigned To: Chris Tolley 3. Comments sent to: Public Works Director, Environmental Health, Assessor, LAFCo, Agricultural Commissioner, CDF, Building Manager, City Of Chico 4. Sent to Inter -Departmental Review Committee (IDR): 5. Status Letter sent to applicant: 6. Date scheduled for IDR: 1/07/09 7. Comments received from: 8. Rezone Petition Signatures Checked: 9. Mailing List/Lead-in Sheet: 10. Environmental Determination: Clearinghouse circulation required: Yes No Date Sent to SCH: State Clearinghouse No. Categorical Exemption-CEQA# Negative Declaration De Minimis: Mitigation Negative Declaration Subject to Fish & Game: Environmental Impact Report Gen. Rule Ex. — CEQA # Other 16. 17. 18. 19. 20. 21. Staff Recommends: Approval Denial Date Notices Mailed: Neg Dec. Hearing Number of Notices: Newspaper Publication Date: Neg Dec. Hearing O C Planning Commission Hearing(s): Action taken: Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: Ordinance No: Adopted: Type Minor Use Permit, Send for signature: N.O.E. / N.O.D. / APPENDIX G: Fish & Game Fees Paid: Send letter if approval/denial to applicant/representative: Copies to Environmental Health, Building, Land Development: Assessor's Memo: Copy MINOR USE PERMIT to GIS: P G B Yes No COUNTY OF BUTTE OFFICE OF PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965-3397 RETURN SERVICE REQUESTED PUBLIC HEARING NOTICE ut ` C� i lu a- SPT* *?y �— C®ury a i7 w SEP 2 8 2109 C a 1EVELOPMEENT fa SERVICES U S PLANT INTRODUCTION GARDENS 3 13,5 M �, 4 CHICO CA c 016H26513456 $00,414 to 09/21/2009 Mailed From 95965 US POSTAGE NX1C3£ 9.57 DE '1 "00 09/,26!09 RETURN TO SENDER NO SUCH NUMBER UNAMLE TO FORWARD BC: 95965339799 *1972-0.27.24-21-42 .9S98S@339 Z � lo Project Name: Use Permit UP09-0008 for Verizon Wireless 0 DEVELOPMENT SERVICES DEPARTMENT BUTTE COUNTY INITIAL STUDY AND PROPOSED MITIGATED NEGATIVE DECLARATION FOR UP09-0008 (Verizon Wireless) ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 1 of 42 ■ Project Name: Use Permit UP09-0008 for Verizon Wireless COUNTY OF BUTTE DEPARTMENT OF DEVELOPMENT SERVICES INITIAL STUDY & PROPOSED MITIGATED NEGATIVE DECLARATION FOR USE PERMIT 09-0008 (VERIZON WIRELESS) 1.0 PROJECT INFORMATION A. Applicant/Owner: Verizon Wireless/Dennis McKinney B. Staff Contact: Stacey Jolliffe, Principal Planner (530)'538-6573, sjolliffe@buttecounty.net C. Project Name: N/A D. Project Location: 1480 Skyway, Chico. The site is located on the south side of the Skyway, west of the Skyway/Honey Run Road/Longest Drive intersection, east of the City of Chico. E. Type of Application: Use Permit F. Assessor's Parcel Number: 040-020-171 G. Project Site Size: 2.5 acres Lease area size: 1,200 s.f. H. Current Zoning:M-1 Light Industrial I. General Plan Designation: Industrial Proposed General Plan 2030 Designation: Industrial J. Environmental Setting: The 2.5 -acre project site is developed with an asphalt sealing company, located on the southerly side of the Skyway between Potter Road and Longest Drive. Access to the project site is via Longest Drive from the Skyway. The monopole and ground equipment are proposed to be located within a 1,200 square foot lease area near the northwest corner of the parcel. The project parcel is located within the sphere of influence of the City of Chico, approximately 400 from the existing city boundaries. The project site has an approximate elevation of 240 feet above sea level and slopes generally to the southeast. The site is located within an AE flood zone per map 0600760510D dated April 20, 2000. The site is not located within an earthquake fault zone or an airport land use compatibility zone. K. Surrounding Land Uses: Direction General Plan Designation Zoning Existing Land Use(s) North Industrial M-1 Asphalt /Gravels East Industrial M-1 Asphalt sealing plant South Industrial M-1 Golf driving range West Public P -Q US Plant Introduction Gardens L. Project Description: The applicant (Verizon Wireless) is proposing to construct a 100 -foot monopole and related ground equipment on a 1,200 s.f. lease area in the northwestern portion of the 2.5 acre site. Twelve panel antennas are proposed to be centered at the 96 -foot level. Additionally, two microwave dishes are proposed to be centered at the 83 -foot level. Related equipment includes a 499 gallon propane tank on a 50s.f. concrete foundation, and a propane generator and 240 s.f. equipment shelter on a 780 s.f. concrete foundation. The monopole requires modification of the standard setback ratio of one foot of setback per one foot of monopole height, as permitted by Butte County Code section 24-262'(g) with Use Permit. Proposed ■ Butte County Department of Development Services ■ ■ Initial. Study — Verizon Wireless, UP09-0008 ■ Page 2 of 42 ■ Project Name: Use Permit UP09-0008 for Verizon Wireless setbacks from the monopole to parcel boundaries are approximately 14' to the north, 273' to the east, 216' to the south, and 4 P to- the west. The application is- being processed as a use permit, rather than a minor use permit, to allow for setback modifications. The monopole would be located approximately 30 feet from an existing modular unit located on the subject parcel, which is utilized for office/storage for the existing operations. The monopole will replace facilities that are currently located on the KHSL radio tower, approximately 1.6 - miles north, which are planned to be removed. There are no plans to collocate facilities on the monopole at this time; however, the pole would be able to accommodate one additional carrier in the future. Circulation and utility connections will be achieved from an existing 50' access and utility easement within Longest Drive to a proposed 15' access and utility easement from Longest Drive to the lease area and then to an additional 6' utility easement proposed along the south boundary of the lease area to an existing power pole and transformer just west of the subject parcel. An underground trench for telecom and power will follow the utility easement on sheet Al. 1. The proposed monopole location would require relocation of an overhead power line currently serving the module unit. A new power pole is proposed near the southeast corner of the lease area. A building permit is required for the proposed monopole and associated ancillary equipment. The only lighting proposed will be a motion sensor controlled light on the equipment shelter. No lights of any type (i.e., red obstruction lights or strobe lights) are proposed to be placed on the monopole. 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 n the proposed project, nothing further is required. Prepared by: eyolliffe, Principal Planner Date Reviewed by: Chuck Thistlethwaite, Planning Manager Date ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 3 of 42 ■ Project Name: Use Permit UP09-0008 for•Verizon Wireless APN 040-020- 170 \ -� \ SCALL 1' = 50' \ ` •` APN 04f�O2C—f70 t � SCALE t" = 10' f (F) 0,0 a0*ESS @° UML TV EgSEW T \y / PROJECT AREA ENLARGEMENT ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 4 of 42 ■ , Fyr 1 E!SEVEK PoR INCF£SR �EA4 t wnUTV fwposEG { CE=M D FOIEQ�L GERQtG1M CM—M M TT8 i PLS+ORT, FPA.\`l O® M STARS -� oE PE7S 9EDf11 \ ; \ N,— $ I N 040-020-171 `'` Q I {E1 TRA%GM 011Y., �. .uwattE, w^w/QTS Awolkwot m]IVTr cSw�r.J/ i I re J 2" --J&B I .aPN Oso -020— l f2 � I I � I OVERALL PROJECT AREA SCALE t" = 10' f (F) 0,0 a0*ESS @° UML TV EgSEW T \y / PROJECT AREA ENLARGEMENT ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 4 of 42 ■ Project Name: Use Pen -nit UP09-0008 for Verizon Wireless 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 [ ] 4.2 Agriculture Resources [X] 4.3 Air Quality [X] 4.4 Biological Resources [X] 4.5 Cultural Resources [ ] 4.6 Geologic Processes [ ] 4.7 Hazards/Hazardous Material [X] 4.8 Hydrology/Water Quality [ ] 4.9 Land Use [ ] 4.10 Mineral Resources [ ] 4.11 Noise [ ] 4.12 Housing [ ] 4.13 Public Services [ ] 4.14 Recreation [ ] 4.15 Transportation/Traffic [ ] 4.16 Utilities/Service Systems [X] 4.17 Mandatory Findings of Significance 4.0 ENVIRONMENTAL IMPACTS: 4.1 AESTHETIC/VISUAL RESOURCES: Impact Discussion: The project site is located south of the Skyway, within an existing site of an asphalt sealing company. The Skyway is not designated as a State or County scenic highway (Butte County Scenic Highway Map). The portion of the upper Skyway designated as a Scenic Resource by the incorporated Town of Paradise is located miles to the east of the project site. Surrounding Skyway, a driving range is located to the south of the lease area, and Mendocino Forest Tree Experiment Station is located east of the lease area. Natural physical characteristics of the project site have been disturbed by previous activities on site. An asphalt sealing plant (aka the Franklin plant) is located between the lease area and the Skyway frontage. The project site does not have high scenic value due to these characteristics, and it is not an officially designated scenic area. The top of the monopole would be 100 feet above ground level. Twelve panel antennas are proposed to be centered at the 96 -foot level. Additionally, two microwave dishes are proposed to be centered at the 83 -foot level. Related equipment includes a 499 gallon propane tank on a 50s.f. concrete foundation, and a propane generator and 240 s.f. equipment shelter on a 780 s.f, concrete foundation. A 6 -foot tall chain link fence would surround a 1,200 square foot lease area. The only lighting proposed will be a motion sensor controlled light on the equipment shelter. No lights of any type (i.e., red obstruction lights or strobe lights) are proposed to be placed on the monopole ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 5 of 42 ■ Potentially Less Than Significant Less Than Reviewed Would the proposal: Significant with Significant No Under Impact Mitigation Impact Impact Previous Incorporated 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 X buildings within a state scenic highway? 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 X in the area? Impact Discussion: The project site is located south of the Skyway, within an existing site of an asphalt sealing company. The Skyway is not designated as a State or County scenic highway (Butte County Scenic Highway Map). The portion of the upper Skyway designated as a Scenic Resource by the incorporated Town of Paradise is located miles to the east of the project site. Surrounding Skyway, a driving range is located to the south of the lease area, and Mendocino Forest Tree Experiment Station is located east of the lease area. Natural physical characteristics of the project site have been disturbed by previous activities on site. An asphalt sealing plant (aka the Franklin plant) is located between the lease area and the Skyway frontage. The project site does not have high scenic value due to these characteristics, and it is not an officially designated scenic area. The top of the monopole would be 100 feet above ground level. Twelve panel antennas are proposed to be centered at the 96 -foot level. Additionally, two microwave dishes are proposed to be centered at the 83 -foot level. Related equipment includes a 499 gallon propane tank on a 50s.f. concrete foundation, and a propane generator and 240 s.f. equipment shelter on a 780 s.f, concrete foundation. A 6 -foot tall chain link fence would surround a 1,200 square foot lease area. The only lighting proposed will be a motion sensor controlled light on the equipment shelter. No lights of any type (i.e., red obstruction lights or strobe lights) are proposed to be placed on the monopole ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 5 of 42 ■ Project Name: Use Permit UP09-0008 for Verizon Wireless The proposed monopole location would require relocation of an overhead power line currently serving the module unit. An underground trench for telecom and power will follow the utility easement on sheet A1.1. The monopole will replace facilities that are currently located on a radio tower (KHSL), approximately 1.6 -mile north, which is proposed to be removed. The proposed grey monopole would be located approximately 500 feet south of the Skyway and approximately 100 feet northeast of the Butte Creek Diversion Channel. The nearest off-site structures from the proposed monopole are approximately as follows: Distance (feet) Direction Address Land Use 640 ft SE 1 Longest Drive Driving Range Office 1,575 ft. SE 97 Horse Run Lane Residence 2,400 ft. NW 3960 Marrow Lane Commercial 2,275 ft. NW 3935 Marrow Lane Plant introduction gardens 1,580 ft. S 3935 Marrow Lane Plant introduction gardens 1125 ft. E 10 Honey Run Road Church/Meeting Hall The applicant supplied photo simulations of the proposed monopole as seen from different locations in the project area. Wireless communication monopoles can present a negative aesthetic impact due to their high visibility and metal construction; however, the proposed monopole is over 1,500 feet from the nearest residence and 640 feet from the office for the nearby driving range. The church/meeting hall is on the northerly side of the Skyway, over 1125 ft. away. Moreover, the lease area is located behind the sealing plant. The monopole at 100 ft in height will be visible, but associated equipment will generally be shielded from view from the Skyway. Similarly, the monopole will be visible from the plant introduction gardens, but the fence and ground mounted equipment will generally be shielded from view by trees and riparian vegetation along the Butte Creek Diversion channel. Based on these distances, the industrially -zoned 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. 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. The exterior security lights on the equipment shelters could cause significant glare and excess light on the adjacent parcels. To prevent this impact, Mitigation Measure # 2 is recommended that requires all exterior lights on the project site be fully shielded and directed downwards. 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. Prior to issuance of a building permit, the applicant shall submit sample color chips to the Planning Division for review and approval. 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. Prior to issuance of a building permit, the applicant shall submit sample color chips to the Planning Division for review and approval. Building inspectors shall spot check and shall ensure compliance on- site. Mitigation Measure # 2: All exterior 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 lights shall be fully shielded and directed downwards. Timing: The requirements of this measure shall be adhered to at all times. ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 6 of 42 ■ Project Name: Use Permit UP09-0008 for Verizon Wireless 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: Impact Discussion: The project site is zoned M-1 Light Industrial). The CM -1 zone allows wireless communications facilities with approval of a Use Permit pursuant to Butte County Codes Sections 24-146 and 24-262(d). The project site is designated as a Quasi -Public use, with surrounding land uses including the tree experiment center (beyond the Butte Creek Diversion Channel), a gravel/asphalt processing site and materials storage to the east and north, and a golf driving range to the south. No agricultural uses exist on the site. Currently the lease area is being used for storage of salvage. The US Plant Introduction Gardens represent the only agriculturally -related use surrounding the property. The soils on the project site are listed as Redtough-Redswale Complex, 0 to 2 percent slope by the National Cooperative Soil Survey, which are not prime agricultural soils. The site is designated as "Urban and Built-up Land" in the Farmland Mapping and Monitoring Program (FMMP). In June 2007, 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 "Urban and Built -Up Land" designation is described as: Land that is occupied by structures with a building density of at least 1 unit to 1.5 acres, or approximately 6 structures to a 10 -acre parcel. Common examples include residential, industrial, commercial, institutional facilities, cemeteries, airports, golf courses, sanitary landfills, sewage treatment, and water control structures. Due to the land use patterns on site and in the surrounding parcels, the project site is unsuitable for cultivation. The proposed project would not result in a loss of prime agricultural land. None of the parcels surrounding the project site are subject to a Williamson Act agreement. The proposed communications facility is not expected to have any significant impacts on future agricultural uses on the project site or on the adjacent parcels. The project would not result in any new residential structures being placed on the project site. The Agricultural Commissioner's Office did not identify adverse agricultural issues associated with the project site. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 7 of 42 ■ Potentially Less Than Significant Less Than Reviewed Would the proposal: Significant with Significant No Impact Under Previous Impact Mitigation Impact Document Incorporated a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the X Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b. Conflict with existing zoning for agricultural use, or X a Williamson Act Contract? C. Involve other changes in the existing environment which, due to their location or nature, could result in X conversion of Farmland, to non-agricultural use? Impact Discussion: The project site is zoned M-1 Light Industrial). The CM -1 zone allows wireless communications facilities with approval of a Use Permit pursuant to Butte County Codes Sections 24-146 and 24-262(d). The project site is designated as a Quasi -Public use, with surrounding land uses including the tree experiment center (beyond the Butte Creek Diversion Channel), a gravel/asphalt processing site and materials storage to the east and north, and a golf driving range to the south. No agricultural uses exist on the site. Currently the lease area is being used for storage of salvage. The US Plant Introduction Gardens represent the only agriculturally -related use surrounding the property. The soils on the project site are listed as Redtough-Redswale Complex, 0 to 2 percent slope by the National Cooperative Soil Survey, which are not prime agricultural soils. The site is designated as "Urban and Built-up Land" in the Farmland Mapping and Monitoring Program (FMMP). In June 2007, 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 "Urban and Built -Up Land" designation is described as: Land that is occupied by structures with a building density of at least 1 unit to 1.5 acres, or approximately 6 structures to a 10 -acre parcel. Common examples include residential, industrial, commercial, institutional facilities, cemeteries, airports, golf courses, sanitary landfills, sewage treatment, and water control structures. Due to the land use patterns on site and in the surrounding parcels, the project site is unsuitable for cultivation. The proposed project would not result in a loss of prime agricultural land. None of the parcels surrounding the project site are subject to a Williamson Act agreement. The proposed communications facility is not expected to have any significant impacts on future agricultural uses on the project site or on the adjacent parcels. The project would not result in any new residential structures being placed on the project site. The Agricultural Commissioner's Office did not identify adverse agricultural issues associated with the project site. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 7 of 42 ■ Project Name: Use Permit UP09-0008 for Verizon Wireless 4.3 AIR QUALITY: 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 (03) and fine particulate matter (PMio). Currently, Butte County is in attainment for all the federal (less stringent) air quality standards. One emergency, propane -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. 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. 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 general dust whenever soil moisture is low and particularly when the wind is blowing. The effects of construction activities would be increased dustfall 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 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. The project may create fugitive dust emission 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. BCAQMD-recommended measures to control dust are found in Mitigation Measure #3. ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 8 of 42 ■ Potentially Less Than Significant Less Than Reviewed Would the proposal: Significant with Significant No Under Impact Mitigation Impact Impact Previous Document Incorporated a. Conflict with or obstruct implementation of the applicable air qualityplan? X b. Violate any air quality standard or contribute substantially to an existing or projected air quality X violation? 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 X air quality standard (including releasing emissions which exceed quantitative thresholds for ozoneprecursors)? 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 (03) and fine particulate matter (PMio). Currently, Butte County is in attainment for all the federal (less stringent) air quality standards. One emergency, propane -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. 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. 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 general dust whenever soil moisture is low and particularly when the wind is blowing. The effects of construction activities would be increased dustfall 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 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. The project may create fugitive dust emission 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. BCAQMD-recommended measures to control dust are found in Mitigation Measure #3. ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 8 of 42 ■ Project Name: Use Permit UP09-0008 for Verizon Wireless During project construction, various diesel -powered vehicles and equipment in use on the site would create odors. These odors are not likely to be noticeable beyond the project boundaries, however. The proposed communications facility would not create objectionable odors. Mitigation Measure #3: 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 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. 4.4 BIOLOGICAL RESOURCES: ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 9 of 42 ■ Potentially Less Than Significant Less Than No Reviewed Under Would the proposal: Significant with Significant Impact p Previous Impact Mitigation Impact Document Incorporated a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status X species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and X regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? 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, X vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means)? d. Interfere substantially with the movement of any X ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 9 of 42 ■ Project Name: Use Permit UP09-0008 for Verizon Wireless Impact Discussion: The project site is located adjacent to the Butte Creek Diversion Channel on a previously graded site containing storage and processing facilities for materials mined off-site. Riparian vegetation, typically a high habitat -value vegetation type, is located adjacent to the Diversion Channel, west of the project site. Further west, the Plant Introduction Center also contains potential habitat. Dominant vegetation on the project site is non-native grasslands. The project would not require the removal of any trees. 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; still others have been designated as "Species of Special Concern" by the California Department of Fish and Game (CDFG). The California Native Plant Society (CNPS) has developed its own set of lists of native plants considered rare, threatened or endangered. Collectively, these plants and animals are referred to as "special status species." The California Natural Diversity Database (CNDDB Rarefind 2, Government Version, Jan -02-2003) was reviewed to determine if any special status animal species or habitats occur on the project site or in the project area. Due to the small size of the lease area (1200 s.f.), site investigation, and the disturbed status of the site, special status plant species were not considered to be potentially present within the lease area. The CNDDB showed occurrences within the Chico, California USGS 7.5 -minute quadrangle for the following species: Vernal Pool Tadpole Shrimp, Central Valley spring run Chinook Salmon, valley elderberry longhorn beetle, and Swainson's hawk. The project site does not contain, and the project will not affect, wetlands; therefore the project would not affect Vernal Pool Tadpole Shrimp which depend on that habitat. The project is adjacent to the Butte Creek Diversion ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 10 of 42 ■ Potentially Less Than Significant Less Than No Reviewed Under Would the proposal: Significant with Significant Impact Previous Impact Mitigation Impact Document Incorporated 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? e. Conflict with any local policies or ordinances protecting biological resources such as a tree X reservation policy ordinance? f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat X conservationplan? g. A reduction in the numbers, a restriction in the range, or an impact to the critical habitat of any unique, rare, X threatened, or endangered species of animals? It. A reduction in the diversity or numbers of animals onsite (including mammals, birds, reptiles, X amphibians, fish or invertebrates)? 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 X hinder the normal activities of wildlife? Impact Discussion: The project site is located adjacent to the Butte Creek Diversion Channel on a previously graded site containing storage and processing facilities for materials mined off-site. Riparian vegetation, typically a high habitat -value vegetation type, is located adjacent to the Diversion Channel, west of the project site. Further west, the Plant Introduction Center also contains potential habitat. Dominant vegetation on the project site is non-native grasslands. The project would not require the removal of any trees. 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; still others have been designated as "Species of Special Concern" by the California Department of Fish and Game (CDFG). The California Native Plant Society (CNPS) has developed its own set of lists of native plants considered rare, threatened or endangered. Collectively, these plants and animals are referred to as "special status species." The California Natural Diversity Database (CNDDB Rarefind 2, Government Version, Jan -02-2003) was reviewed to determine if any special status animal species or habitats occur on the project site or in the project area. Due to the small size of the lease area (1200 s.f.), site investigation, and the disturbed status of the site, special status plant species were not considered to be potentially present within the lease area. The CNDDB showed occurrences within the Chico, California USGS 7.5 -minute quadrangle for the following species: Vernal Pool Tadpole Shrimp, Central Valley spring run Chinook Salmon, valley elderberry longhorn beetle, and Swainson's hawk. The project site does not contain, and the project will not affect, wetlands; therefore the project would not affect Vernal Pool Tadpole Shrimp which depend on that habitat. The project is adjacent to the Butte Creek Diversion ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 10 of 42 ■ Project Name: Use Permit UP09-0008 for Verizon Wireless Channel, which potentially contains habitat for the Central Valley spring run Chinook Salmon and valley elderberry longhorn beetle. The project will not intrude into the diversion Channel, and will be set back approximately 41 feet from the western property line, and 25+ feet from the Butte Creek Diversion channel top of bank. Therefore, the project will not have any direct impacts to the salmon or elderberry. The project would not be expected to have indirect impacts, with the possible exception of erosion and/or other water quality impacts to salmon, Mitigation measure # 7 in Section 4.8 Hydrology, of this study specifies actions to ensure construction activities will not have adverse impacts to water quality which could affect the Central Valley spring run Chinook Salmon. The project site is located on the fringes of the Sacramento Valley, which is habitat for Swainson's hawk (Buteo swainsoni). The Swainson's hawk is a State -listed Threatened species (California Department of Fish and Game, State and Federally Listed Endangered, Threatened, and Rare Animals of California, January 2005). The project site, which consists of an open, dry field, may be preferred foraging habitat for Swainson's hawks. The CNDDB shows that the nearest known Swainson's hawk nesting site is located within five miles to the west of the project site (near the Sacramento River). According to the California Department of Fish and Game's The Status of Rare, Threatened, and Endangered Animals and Plants of California - Annual Report for 2000, over 85 percent of Swainson's hawk territories in the Central Valley are in riparian systems adjacent to suitable foraging habitats. Swainson's hawks often nest peripherally to riparian systems of the valley as well as utilizing lone trees or groves of trees in agricultural fields. Valley oak, Fremont cottonwood, walnut, and large willow with an average height of about 58 feet, and ranging from 41 to 82 feet, are the most commonly used nest trees in the Central Valley. Swainson's hawks require large, open grasslands with abundant prey in association with suitable nest trees. Suitable foraging areas include native grasslands or lightly grazed pastures, alfalfa and other hay crops, and certain grain and row croplands. Unsuitable foraging habitat includes crops such as vineyards, orchards, certain row crops, rice, corn and cotton crops. Suitable nest sites may be found in mature riparian forest, lone trees or groves of oaks, other trees in agricultural fields, and mature roadside trees. The project vicinity contains riparian habitat and adjacent open fields. Standard practices and site specifies measures have been developed to avoid impacts to Swainsons hawk nesting areas. These measures have been incorporated into mitigation on the project site. (The following information was obtained from a letter by Jamie Rappaport Clark, Director, United States Department of Interior, Fish and Wildlife Service, dated September 14, 2000, subject line: "Service Guidance on the Siting, Construction, Operation and Decommissioning of Communications Towers." This letter can be found at: hgp:Hmi rg atorybirds.fws.gov/issues/towers/comtow.html). The construction of new monopoles creates a potentially significant impact on migratory birds, especially some 350 species of night -migrating birds. Communications towers are estimated to kill 4-5 million birds per year, which violates the spirit and the intent of the Migratory Bird Treaty Act and the Code of Federal Regulations at Part 50 designed to implement the MBTA. Some of the species affected are also protected under the Endangered Species Act and Bald and Golden Eagle Act. Interim guidelines were developed by Fish and Wildlife Service personnel from research conducted in several eastern, midwestern, and southern states, and have been refined through Regional review. They are based on the best information available at this time, and are the most prudent and effective measures for avoiding bird strikes at monopoles. Some of the guidelines are: • New facilities should be collocated on existing towers or other existing structures. • Towers should be less than 200 feet above ground level • Towers should be freestanding (i.e., no guy wires) • Towers and appendant facilities should be sited, designed and constructed so as to avoid or minimize habitat loss within and adjacent to the monopole "footprint". • New towers should be designed structurally and electrically to accommodate the applicant/licensee's antennas and antennas for at least two additional users (minimum of three users for each monopole structure. • Security lighting for on -ground facilities and equipment should be down -shielded to keep light within the boundaries of the site. • Monopoles no longer in use or determined to be obsolete should be removed within 12 months of cessation of use. ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page I 1 of 42 ■ Project Name: Use -Permit UP09-0008 for Verizon Wireless The project is consistent with the U.S. Fish and Wildlife Service interim guidelines because the proposed communication facility would be much less than 200 feet in height and would be freestanding (i.e., no .guy wires). The footprint of the proposed lease area would not encroach onto any environmentally sensitive habitat. The proposed facility could collocate one additional, future carrier to the monopole. All exterior lights on the project site are required to be fully shielded and directed downward. Finally, the facility is required to be removed within six months of the cessation of use. In order to ensure construction activities do not cause migratory birds to abandon nests still containing eggs or young birds, Mitigation Measure #4 would require pre -construction surveys to identify nests of migratory birds prior to construction. If nests of migratory birds are identified, then a delay construction activities, or mitigation of impacts consistent with applicable regulations, would occur. The project would not conflict with any local policies or ordinances protecting biological resources. A landscaping buffer is anticipated around the proposed lease area, consistent with Butte County Code 24-262. In order to avoid invasive non-native plants entering the Butte Creek diversion Channel, Mitigation Measure #5 below requires a non- invasive plant pallet, and encourages drought -resistant and native planting within future landscaped areas. The proposal would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. Mitigation Measure #4: Perform the following mitigations concerning area raptors (American kestrel, red-tailed hawk, black -shouldered kite, and Swainson's hawk), and their nests: a If development of the proposed improvements occur during the breeding season (February through September), pre -construction surveys shall be conducted by a qualified biologist to determine if nesting/breeding activities are occurring. Any portion of the subject property that lies within 500 feet of an active nest shall be surrounded by an orange fence during construction activities Any construction activities planned for areas that are within 500 feet of any active nest shall be delayed until after the young have been fledged. The survey shall take place prior to any development activities The survey and all findings shall be provided to the Department of Development Services The Department of Development Services shall ensure that compliance with any limitations on construction activities in the vicinity of any identified nests. The survey shall be conducted by a qualified biologist no more than 30 -days prior to the onset of construction activities. b If no active nests are identified during the pre -construction survey or if construction activities are proposed to occur during the non -breeding season (October through January), no further mitigation shall be required c Place a note on a building and site development plans that states: "Prior to any development activity during raptor breeding season (February through September) a raptor survey prepared by a qualified biologist shall be required." Plan Requirements: Preconstruction raptor surveys shall be accomplished 30 -days prior to construction during the breeding season. Any identified nests shall be marked and identified with a 500 -foot no -disturbance buffet until young have fledged Timing: This mitigation shall take place prior to all subdivision development activities Monitoring: The Department of Development Services shall monitor compliance with this mitigation and shall receive all pre -construction survey information prior to construction activities Mitigation Measure #5: A landscape plan, approved by the Director of Development Services, shall be submitted prior to issuance of building permits. All vegetation selected must be non-invasive so as avoid introducing invasive non-native plants into the Butte Creek Diversion Channel. Drought -resistant and/or native plantings are strongly encouraged. Plan Requirements: Landscape plans may not include invasive plant choices. Timing: This mitigation shall be fulfilled prior to the issuance of building permits. ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 12 of 42 ■ Project Name: Use Permit UP09-0008 for Verizon Wireless Monitoring: Development Services will review plant selection with assistance from the Agricultural Commissioner's office as needed. 4.5 CULTURAL RESOURCES: Impact Discussion: 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. Based on previous site disturbance, it does not appear that the project is located in an area considered to be sensitive for prehistoric, protohistoric, and historic cultural resources. 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 # 6 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 # 6: 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. ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 13 of 42 ■ Potentially Less Than Significant Less Than Reviewed Would the proposal: Significant with Significant No Under Impact Mitigation Impact Impact Previous Document Incorporated 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: 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. Based on previous site disturbance, it does not appear that the project is located in an area considered to be sensitive for prehistoric, protohistoric, and historic cultural resources. 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 # 6 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 # 6: 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. ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 13 of 42 ■ Project Name: Use Permit UP09-0008 for Verizon Wireless 4.6 GEOLOGIC PROCESSES: Impact Discussion: 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. In the northwest corner of Butte County near Chico there are a series of short, north-northwest trending faults similar to the Cleveland Hill fault. These faults appear to be an extension of the Bear Mountain Fault or Foothills Shear Zone. Minor seismic activity has occurred in the area of these short faults; however, other geologic evidence indicates these faults are not active (Butte County General Plan 1977). 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 seismic ground shaking at some future time. Accordingly, the proposed wireless communications monopole would be designed and installed in accordance with Uniform 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 California Building Code standards for the appropriate Seismic Hazard Zone, potential geologic impacts would be less than significant. The Butte County Seismic Safety Element's Liquefaction Potential Map indicates that the site has a generally low potential for liquefaction. The impact would be less than significant. ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 14 of 42 ■ Potentially Less Than Significant Less Than No Reviewed Under Would the proposal: Significant with Significant Impact p Previous Impact Mitigation Impact Document Incorporated 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 X 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? X X 3. Seismic -related ground failure, including liquefaction? X 4. Landslides? 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 X spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18-1- B of the Uniform Building Code (1994), creating X substantial risks to life or property? 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 X or wastewater? Impact Discussion: 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. In the northwest corner of Butte County near Chico there are a series of short, north-northwest trending faults similar to the Cleveland Hill fault. These faults appear to be an extension of the Bear Mountain Fault or Foothills Shear Zone. Minor seismic activity has occurred in the area of these short faults; however, other geologic evidence indicates these faults are not active (Butte County General Plan 1977). 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 seismic ground shaking at some future time. Accordingly, the proposed wireless communications monopole would be designed and installed in accordance with Uniform 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 California Building Code standards for the appropriate Seismic Hazard Zone, potential geologic impacts would be less than significant. The Butte County Seismic Safety Element's Liquefaction Potential Map indicates that the site has a generally low potential for liquefaction. The impact would be less than significant. ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 14 of 42 ■ Project Name: Use Permit UP09-0008 for Verizon Wireless The Subsidence and Landslide Potential Map of the Safety Element of the Butte County General Plan indicates that there is a moderate potential for landslides and a moderate potential for subsidence in this area. The project site and the surrounding parcels do not contain any steep slopes that would be at risk of a landslide. There is `high' soil erosion potential for the project site, according to Butte County General Plan GIS data. The project site has an average slope of approximately 0 to 3%, but the area where the proposed communications facility would be placed is relatively flat. The project does not involve large amounts of soil disturbance that could result in significant soil erosion impacts. A condition of project approval requires that the project be developed in accordance with the submitted site plan, and the applicant would be required to comply with all the notes shown on the site plan. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. The Permit must be obtained from the State Water Resources Control Board prior to construction. The Conservation Element's Expansive Soils Map indicates that the project site has a low expansive soil potential. The project would be required to comply with applicable portions of the California Building Code as adopted by Butte County, which would mitigate any potential impacts resulting from expansive soils. The project does not require the use of septic systems. Mitigation Measure: None required. 4.7 HAZARDS AND HAZARDOUS MATERIALS: ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 15 of 42 ■ Potentially Less Than Significant Less Than No Reviewed Under Would the proposal: Significant with Significant Impact Previous Impact Mitigation Impact Document Incorporated a. Create a significant hazard to the public or the environmental through the routine transport use, or X disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and X accident conditions involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- X quarter mile of an existing or proposed schools? 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, X would it create a significant hazard to the public or the environment? 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 X project result in a safety hazard for people residing or working in the project area? E For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people X residing or working in the project area? g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency X evacuation plan? ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 15 of 42 ■ Project Name: Use Permit UP09-0008 for Verizon Wireless Impact Discussion: Construction activities associated with the development of the proposed project would involve the use of potentially hazardous materials, including paints, cleaning materials, 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. 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 a propane powered generator for emergency backup power, and a 499 gallon propane tank for the storage of propane. The storage of propane on the project site requires that the applicant complete a "Hazardous Materials Release Response Plan" pursuant to Chapter 6.95 of 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. A review of regulatory agency databases, which included lists of hazardous materials sites compiled pursuant to California Government Code Section 65962.5, did not identify any additional sites at or adjacent to the project site that have used, stored, disposed of, or released hazardous materials. The Phase I analysis evaluates groundwater issues associated with Butte College's wastewater treatment ponds to the west and groundwater monitoring data from a nearby monitoring well. It concludes "Based upon the information gathered and evaluated as a part of this Phase I ESA, no further investigation of the subject property appears warranted at this time." The project site is not located within the 65 or 70 CNEL noise contour of any airport, nor is it located in any aircraft overflight area. People living near the proposed communications facility have the potential to be exposed to radio-frequency (RF) emissions from the antennas mounted on the monopole. The nearest residential dwellings to the proposed communication monopole is approximately 1575 feet from the proposed monopole. 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. 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 ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 16 of 42 ■ Less Than Reviewed Potentially Significant Less Than No Under Would the proposal: Significant with Significant Impact Mitigation Impact Im pact Previous Incorporated Document 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 X where residences are intermixed with willdlands? Impact Discussion: Construction activities associated with the development of the proposed project would involve the use of potentially hazardous materials, including paints, cleaning materials, 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. 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 a propane powered generator for emergency backup power, and a 499 gallon propane tank for the storage of propane. The storage of propane on the project site requires that the applicant complete a "Hazardous Materials Release Response Plan" pursuant to Chapter 6.95 of 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. A review of regulatory agency databases, which included lists of hazardous materials sites compiled pursuant to California Government Code Section 65962.5, did not identify any additional sites at or adjacent to the project site that have used, stored, disposed of, or released hazardous materials. The Phase I analysis evaluates groundwater issues associated with Butte College's wastewater treatment ponds to the west and groundwater monitoring data from a nearby monitoring well. It concludes "Based upon the information gathered and evaluated as a part of this Phase I ESA, no further investigation of the subject property appears warranted at this time." The project site is not located within the 65 or 70 CNEL noise contour of any airport, nor is it located in any aircraft overflight area. People living near the proposed communications facility have the potential to be exposed to radio-frequency (RF) emissions from the antennas mounted on the monopole. The nearest residential dwellings to the proposed communication monopole is approximately 1575 feet from the proposed monopole. 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. 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 ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 16 of 42 ■ Project Name: Use Permit UP09-0008 for Verizon Wireless 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. The applicant submitted an analysis of the radio-frequency emissions that would be generated by the project, in letter from Jillian Faria to Doug Picard dated December 18, 2008. This letter assumed the maximum power the Motorola SC4812MC base station equipment will produce. Manufacturer's specifications are 27 watts per sector - per carrier. This value plus the antenna gain (14.0 dBd) provide a maximum of 5,426 Watts ERP for eight carriers (the site will actually only have four CDMA carriers and two EVDO carriers). Assuming a 98 -foot antenna centerline height the analysis calculated the following: At the base of the tower: 0.001940 µW/cm2 100 ft. from the base of the tower: 0.000250 µW/cm2 1000 ft. from the base of the tower: 0.883119 gW/cm2 5280 ft. from the base of the tower: 0.069944 gW/cm2 The ANSI standard for the cellular frequency (880 — 894 MHz) is 587 µW/cm2. At 1000 ft. from the base of the tower, the resulting maximum power density of 0.883119 µW/cm2 represents 0.15`1° of the standard. These results were calculated taking this site's specific antenna patterns into account. The power density 1000 ft. away from the tower is greater than the power density at the base of the tower because the antenna's power is directed outward rather than downward. The vertical pattern of typical antenna was used, with the majority of the energy is directed outward, not downward. It should also be noted that the proposed tower at Casco Sealing at 1480 Skyway in southeastern Chico is proposed as a replacement facility for the Verizon cell site currently located on the old KHSL towers on Bruce Road, therefore, net radio-frequency emissions (new tower minus KHSL tower) are substantially less than reported. This is a less than significant impact. Mitigation Measure: None Required 4.8 HYDROLOGY AND WATER QUALITY: ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 17 of 42 ■ Potentially Less Than Significant Less Than Reviewed Would the proposal: Significant with Significant No Impact Under Previous Impact Mitigation Impact Document Incorporated 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 X 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)? 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 X substantial erosion or siltation on- or off-site? ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 17 of 42 ■ Project Name: Use Permit UP09-0008 for Verizon Wireless Impact Discussion: The project does not require the use of water and would not create any water discharges. The Butte Creek Diversion Channel is located at the western edge of the subject project site. No wetlands or vernal pools are located on the project site. During construction of the project, grading operations and other soil disturbance activities would result in the removal of on-site soil cover and the exposure of soils to the erosional forces of rainfall and runoff. Stormwater runoff and erosion could result in violation of water quality standards and waste discharge requirements. Due to the limited amount of grading and other soil disturbance that would be required, the project is not expected to cause any significant soil erosion impacts. The applicant is required to obtain a Construction Storm Water Permit from the State Water Resources Control Board if any development on the site results in a disturbance (including clearing, excavation, filling, and grading) of one or more acres. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. The Permit must be obtained from the State Water Resources Control Board prior to construction. The project would result in a minor increase in storm water runoff from the site due to the new impervious surfaces that would be created by the project. The increase in runoff would be very minor because only approximately 3600 square feet of impervious surfaces would be created. The lease area and the site access driveway would be covered with crushed gravel, which would not result in a significant increase in storm water runoff. The site is located within an AE flood zone per map 0600760510D dated April 20, 2000. However, locating the monopole and related ground equipment within this area does not risk substantial loss of life or property. This is considered a less than significant impact. Mitigation Measure # 7: Prior to submitting any development applications or engaging in any development activities, the applicant or his/her successors, heirs, assigns shall obtain all necessary permits/certifications from the Regional Water Quality Control Board (RWQCB) regarding National Pollutant Discharge Elimination System (NPDES) regulations and shall show ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 18 of 42 ■ Potentially Less Than Significant Less Than Reviewed Would the proposal: Significant with Significant No Impact Under Previous Impact Mitigation Impact Document Incorporated 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 X amount of surface runoff in a manner which would result in flooding on- or off-site? 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 X polluted runoff? f. Otherwise substantially degrade waterquality? 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 X map? 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 X a result of the failure of a levee or dam? j. Inundation by seiche, tsunami, or mudflow? X Impact Discussion: The project does not require the use of water and would not create any water discharges. The Butte Creek Diversion Channel is located at the western edge of the subject project site. No wetlands or vernal pools are located on the project site. During construction of the project, grading operations and other soil disturbance activities would result in the removal of on-site soil cover and the exposure of soils to the erosional forces of rainfall and runoff. Stormwater runoff and erosion could result in violation of water quality standards and waste discharge requirements. Due to the limited amount of grading and other soil disturbance that would be required, the project is not expected to cause any significant soil erosion impacts. The applicant is required to obtain a Construction Storm Water Permit from the State Water Resources Control Board if any development on the site results in a disturbance (including clearing, excavation, filling, and grading) of one or more acres. Construction activities that result in a land disturbance of less than one acre, but which are part of a larger common plan of development, also require a permit. The Permit must be obtained from the State Water Resources Control Board prior to construction. The project would result in a minor increase in storm water runoff from the site due to the new impervious surfaces that would be created by the project. The increase in runoff would be very minor because only approximately 3600 square feet of impervious surfaces would be created. The lease area and the site access driveway would be covered with crushed gravel, which would not result in a significant increase in storm water runoff. The site is located within an AE flood zone per map 0600760510D dated April 20, 2000. However, locating the monopole and related ground equipment within this area does not risk substantial loss of life or property. This is considered a less than significant impact. Mitigation Measure # 7: Prior to submitting any development applications or engaging in any development activities, the applicant or his/her successors, heirs, assigns shall obtain all necessary permits/certifications from the Regional Water Quality Control Board (RWQCB) regarding National Pollutant Discharge Elimination System (NPDES) regulations and shall show ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 18 of 42 ■ Project Name: Use Pen -nit UP09-0008 for Verizon Wireless evidence of compliance with the RWQCB regulations prior to on-site grading activities or other soil disturbance activities Plan Requirements: The approved Storm Water Pollution Prevention Plan (SWPPP) shall be attached to all building and site development plans Timing: The requirements of the approved Storm Water Pollution Prevention Plan shall be adhered to at all times. Monitoring: The applicant or his or her successors, heirs, assigns are responsible for ensuring compliance with the Storm Water Pollution Prevention Plan. The California Regional Water Quality Control Board and the Butte County Public Works Department shall respond to any storm water runoff problems. 4.9 LAND USE: The proposal would allow for the installation of a 100 foot tall wireless communications monopole and supporting ground equipment on a 1,200 s.f. lease area in the northwestern portion of the 2.5 acre site. Twelve panel antennas are proposed to be centered at the 96 -foot level. Additionally, two microwave dishes are proposed to be centered at the 83 -foot level. Related equipment includes a 499 gallon propane tank on a 50s.f. concrete foundation, and a propane generator and 240 s.f. equipment shelter on a 780 s.f. concrete foundation. The monopole requires modification of the standard setback ratio of one foot of setback per one foot of monopole height, as permitted by Butte County Code section 24-262 (g) with Use Permit. Proposed setbacks from the monopole to parcel boundaries are approximately 14' to the north, 273' to the east, 216' to the south, and 41' to the west. The application is being processed as a use permit, rather than a minor use permit, to allow for setback modifications. The monopole would be located approximately 30 feet from an existing modular unit located on the subject parcel, which is utilized for office/storage for the existing operations. The monopole will replace facilities that are currently located on the KHSL radio tower, approximately 1.6 -miles north, which are planned to be removed. There are no plans to collocate facilities on the monopole at this time; however, the pole would be able to accommodate one additional carrier in the future. Impact Discussion: No new parcels would be created as a result of this project. The project would not divide any established community. The proposed monopole, which would have an overall height of 100 feet above ground level, is located on the project site approximately 40' feet from the western property line and 14 feet from the northern property line. Monopoles have a very low probability of failure, especially in areas where substantial ice does not form. If it should fall down, it would not fall into areas of high human activity. A building permit is required for the proposed monopole and the Butte County Building Division would review the building plans for the monopole for compliance with all applicable structural requirements of the California Building Code. ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 19 of 42 ■ Potentially Less Than Significant Less Than Reviewed Would the proposal: Significant with Significant No Under Impact Mitigation Impact Impact Previous Document Incorporated 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 X ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any applicable habitat conservation plan or natural community conservation Rl X The proposal would allow for the installation of a 100 foot tall wireless communications monopole and supporting ground equipment on a 1,200 s.f. lease area in the northwestern portion of the 2.5 acre site. Twelve panel antennas are proposed to be centered at the 96 -foot level. Additionally, two microwave dishes are proposed to be centered at the 83 -foot level. Related equipment includes a 499 gallon propane tank on a 50s.f. concrete foundation, and a propane generator and 240 s.f. equipment shelter on a 780 s.f. concrete foundation. The monopole requires modification of the standard setback ratio of one foot of setback per one foot of monopole height, as permitted by Butte County Code section 24-262 (g) with Use Permit. Proposed setbacks from the monopole to parcel boundaries are approximately 14' to the north, 273' to the east, 216' to the south, and 41' to the west. The application is being processed as a use permit, rather than a minor use permit, to allow for setback modifications. The monopole would be located approximately 30 feet from an existing modular unit located on the subject parcel, which is utilized for office/storage for the existing operations. The monopole will replace facilities that are currently located on the KHSL radio tower, approximately 1.6 -miles north, which are planned to be removed. There are no plans to collocate facilities on the monopole at this time; however, the pole would be able to accommodate one additional carrier in the future. Impact Discussion: No new parcels would be created as a result of this project. The project would not divide any established community. The proposed monopole, which would have an overall height of 100 feet above ground level, is located on the project site approximately 40' feet from the western property line and 14 feet from the northern property line. Monopoles have a very low probability of failure, especially in areas where substantial ice does not form. If it should fall down, it would not fall into areas of high human activity. A building permit is required for the proposed monopole and the Butte County Building Division would review the building plans for the monopole for compliance with all applicable structural requirements of the California Building Code. ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 19 of 42 ■ Project Name: Use Permit UP09-0008 for Verizon Wireless The proposed project is located in an area zoned M-1, which is a Light Industrial designation. Wireless communication facilities are a permitted use in the M -I zone with the approval of a minor use permit; because of the standard setback ratio of one foot of setback per one foot of monopole height, as permitted by section 24-262 (g), the proposed project must then receive an Use Permit. Therefore, the entire application is being processed under a use permit. The project site is designated as Quasi -Public by the Land Use Element of the Butte County General Plan. The proposed wireless communications facility is a public utility because it is regulated by the California Public Utilities Commission. For the approval of the Use Permit, the applicant is required to present information, including plans or other information that is substantial enough to make an informed decision. The Planning Commission reviews the proposal and will grant a Use Permit if: "the proposed uses of property will not impair the integrity and character of the zone in which the land lies, and that the use would not be unreasonably incompatible with, or injurious to, surrounding properties or detrimental to the health and general welfare of the persons residing or working in the neighborhood or the general health, welfare, and safety of the residents of the county" (Butte County Code, Section 24-45.10). This Initial Study and the review by the Planning Commission based on information from planning staff and the applicant will ensure compliance with all land use plans and policies and ensure the proposed project would not impair the health, welfare, or safety of Butte County residents. The property is not within a habitat conservation plan or natural community conservation plan. No impact would be incurred. Mitigation Measure: None required. 4.10 MINERAL RESOURCES: Impact Discussion: Mining process operations will continue on site, as they are currently. The location of the 1,200 lease area will not restrict or encumber the asphalt sealing use at the site. 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. Therefore, the project would have no impact on mineral resources. Mitigation Measure: None required. 4.11 NOISE: Less Than Reviewed Potentially Significant Less Than No Under Would the proposal: Significant with Significant Impact Previous Impact Mitigation Impact Document Incorporated a. Result in the loss of availability of a known mineral resource that would be of value to the region and the X residents of the state? b. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local X general plan, specific plan, or other land useplan? Impact Discussion: Mining process operations will continue on site, as they are currently. The location of the 1,200 lease area will not restrict or encumber the asphalt sealing use at the site. 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. Therefore, the project would have no impact on mineral resources. Mitigation Measure: None required. 4.11 NOISE: ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 20 of 42 ■ Less Than Reviewed Potentially Significant Less Than No Under Would the proposal: Significant with Significant Impact Previous Impact Mitigation Impact Document Incorporated ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 20 of 42 ■ Project Name: Use Permit UP09-0008 for Verizon Wireless Impact Discussion: The project site is located in an area that consists of a mix of land uses including a golf driving range, asphalt sealing plant, commercial uses and a tree introduction garden. Noise levels are moderately high at times due to heavy machinery used to move materials for the asphalt sealing plant. Also, the project site is located on the Skyway and the numerous vehicles on this roadway create noise which can be heard throughout the project site. The proposed wireless communications facility is unmanned and would therefore not expose people at the facility to high noise levels. Uses associated with this project would not create a significant increase in ambient noise levels within or in proximity to the project site. Air conditioning units are not proposed; communication shelters are not a part of the project design. One emergency power generator is proposed to be installed at the proposed communications facility. The generator is for emergency use, therefore the project would not create any on-going noise. This monopole is not expected to create any significant noise impacts. Construction activities on the site would temporarily 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 earthmoving 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 of a road, drainage improvements, and eight single family dwellings at varying times is temporary in nature and is not seen as significant. The General Plan Noise Element establishes a conditionally acceptable community noise level of up to 70 dB CNEL for construction activities. Given the significant distance from the nearest off-site residential structures, construction noise is not expected to have a significant impact on nearby residence. Furthermore, any such noise disturbance would be intermittent and short- term in nature. 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 because no mid -or high-rise buildings or other structures are proposed that would require heavy footings where the use of heavy pile drivers would be required. Therefore, a less -than -significant impact would occur. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 21 of 42 ■ Potentially Less Than Significant Less Than No Reviewed Under Would the proposal: Significant with Significant Impact Previous Impact Mitigation Impact Document Incorporated 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 X agencies? 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 X without theproject? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above X levels existing without theproject? 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, X would the project expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, would the project expose people residing or working X in the project area to excessive noise levels? Impact Discussion: The project site is located in an area that consists of a mix of land uses including a golf driving range, asphalt sealing plant, commercial uses and a tree introduction garden. Noise levels are moderately high at times due to heavy machinery used to move materials for the asphalt sealing plant. Also, the project site is located on the Skyway and the numerous vehicles on this roadway create noise which can be heard throughout the project site. The proposed wireless communications facility is unmanned and would therefore not expose people at the facility to high noise levels. Uses associated with this project would not create a significant increase in ambient noise levels within or in proximity to the project site. Air conditioning units are not proposed; communication shelters are not a part of the project design. One emergency power generator is proposed to be installed at the proposed communications facility. The generator is for emergency use, therefore the project would not create any on-going noise. This monopole is not expected to create any significant noise impacts. Construction activities on the site would temporarily 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 earthmoving 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 of a road, drainage improvements, and eight single family dwellings at varying times is temporary in nature and is not seen as significant. The General Plan Noise Element establishes a conditionally acceptable community noise level of up to 70 dB CNEL for construction activities. Given the significant distance from the nearest off-site residential structures, construction noise is not expected to have a significant impact on nearby residence. Furthermore, any such noise disturbance would be intermittent and short- term in nature. 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 because no mid -or high-rise buildings or other structures are proposed that would require heavy footings where the use of heavy pile drivers would be required. Therefore, a less -than -significant impact would occur. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 21 of 42 ■ Project Name: Use Permit UP09-0008 for Verizon Wireless 4.12 HOUSING: Impact Discussion: 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. The project would not displace individuals or housing. No impact would occur. 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. 4.13 PUBLIC SERVICES: Potentially Less Than Significant Less Than Reviewed Would the proposal: Significant with Significant No Under Impact Mitigation Impact Impact Previous Document Incorporated Document a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through X extension of roads or other infrastructure? b. Displace substantial numbers of existing housing, X necessitating the construction of replacement housing X elsewhere? c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X X Impact Discussion: 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. The project would not displace individuals or housing. No impact would occur. 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. 4.13 PUBLIC SERVICES: Impact Discussion: The project is within the service area of the City of Chico Fire Department. It is outside of (approximately 1,000 feet from) the State Responsibility Area of California Department of Forestry (CalFire), moderate fire hazard. 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. ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 22 of 42 ■ Potentially Less Than Significant Less Than Reviewed Would the proposal: Significant with Significant No Under Impact Mitigation Impact Impact Previous Incorporated 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 X order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services? b. Fireprotection? X c. Police Protection? X d. Schools? X e. Parks? X L Other public services? X Impact Discussion: The project is within the service area of the City of Chico Fire Department. It is outside of (approximately 1,000 feet from) the State Responsibility Area of California Department of Forestry (CalFire), moderate fire hazard. 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. ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 22 of 42 ■ Project Name: Use Permit UP09-0008 for Verizon Wireless The project site would not appear subject to large grass fires due to its location next to industrial operations and the tree introduction center. Based upon the low height of the proposed monopole, the impact to fire protection services would be less than significant. 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. 4.14 RECREATION: Impact Discussion: 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. The monopole is adjacent to the tree introduction garden which is used by the general public for it walking paths, and area that allow dog -walking. Although the monopole will be visible in some portion of the tree introduction garden, the monopole is expected to have a less than significant visual impact due to the limited height of the facility (100'), and the presence of surrounding trees, telephone poles, and utility lines. The City of Chico submitted comments that encouraged the relocation of the lease area to allow at least a 25+ setback from the diversion channel, which could be used in the future within a trail system. The applicant revised the site plan for the lease area to accommodate this request. Mitigation Measure: None required. 4.15 TRANSPORTATION/TRAFFIC: Potentially Less Than Significant Less Than Reviewed Would the proposal: Significant with Significant No Under Would the proposal: Impact Mitigation Impact Impact Previous Impact Incorporated Impact Document a. Increase the use of existing neighborhood and Incorporated regional parks or other recreational facilities such that substantial physical deterioration of the facility X 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 X environment? Impact Discussion: 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. The monopole is adjacent to the tree introduction garden which is used by the general public for it walking paths, and area that allow dog -walking. Although the monopole will be visible in some portion of the tree introduction garden, the monopole is expected to have a less than significant visual impact due to the limited height of the facility (100'), and the presence of surrounding trees, telephone poles, and utility lines. The City of Chico submitted comments that encouraged the relocation of the lease area to allow at least a 25+ setback from the diversion channel, which could be used in the future within a trail system. The applicant revised the site plan for the lease area to accommodate this request. Mitigation Measure: None required. 4.15 TRANSPORTATION/TRAFFIC: ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 23 of 42 ■ Less Than Reviewed Potentially Significant Less Than No Under Would the proposal: Significant with Significant Impact Previous Impact Mitigation Impact Document Incorporated 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 X either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 23 of 42 ■ Project Name: Use Permit UP09-0008 for Verizon Wireless Impact Discussion: Vehicles accessing the project site would use an existing 50' access and utility easement within Longest Drive to a proposed 15' access and utility easement from Longest Drive to the lease area The Skyway is classified as a major arterial and has high traffic volumes, especially 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. Construction vehicles turning left onto the Skyway from Longest Drive would have to be very cautious due to the high speed and volume of the cross traffic. 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 per wireless carrier. This very low number of vehicle trips would not have any impact on vehicular circulation in the project area. The project site is not within any airport compatibility zone and the proposed communications monopole would not extend into any protected airspace. Therefore, the project would not cause any changes to air traffic patterns. Mitigation Measure: None required. 4.16 UTILITIES AND SERVICE SYSTEMS: Potentially Less Than Significant Less Than No Reviewed Under Would the proposal: Significant with Significant Impact Previous Would the proposal: Impact Mitigation Impact Impact Document Impact Incorporated Impact Document b. Exceed, either individually or cumulatively, a level of Incorporated service standard established by the county congestion X management agency for designated roads or X highways? c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in X location that results in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or X incompatible uses (e.g., farm equipment)? 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 X turnouts, bicycle racks)? Impact Discussion: Vehicles accessing the project site would use an existing 50' access and utility easement within Longest Drive to a proposed 15' access and utility easement from Longest Drive to the lease area The Skyway is classified as a major arterial and has high traffic volumes, especially 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. Construction vehicles turning left onto the Skyway from Longest Drive would have to be very cautious due to the high speed and volume of the cross traffic. 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 per wireless carrier. This very low number of vehicle trips would not have any impact on vehicular circulation in the project area. The project site is not within any airport compatibility zone and the proposed communications monopole would not extend into any protected airspace. Therefore, the project would not cause any changes to air traffic patterns. Mitigation Measure: None required. 4.16 UTILITIES AND SERVICE SYSTEMS: ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 24 of 42 ■ Less Than Reviewed Potentially Significant Less Than No Under Would the proposal: Significant with Significant Impact Previous Impact Mitigation Impact Document Incorporated a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 24 of 42 ■ Project Name: Use Permit UP09-0008 for Verizon Wireless Impact Discussion: Utility connections will be achieved from an existing 50' access and utility easement within Longest Drive to a proposed 15' access and utility easement from Longest Drive to the lease area and then to an additional 6' utility easement proposed along the south boundary of the lease area to an existing power pole and transformer just west of the subject parcel. An underground trench for telecom and power will follow the utility easement on sheet ALL, attached. Implementation of the project would 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 not significantly impact any utilities or service systems. Mitigation Measure: None required. 4.17 MANDATORY FINDINGS OF SIGNIFICANCE (SECTION 15065: Potentially Less Than Significant Less Than No Reviewed Under Would the proposal: p p Significant with Significant Impact Previous Would the proposal: Impact Mitigation Impact Impact Document Impact Incorporated Impact Document b. Require or result in the construction of new water or Incorporated wastewater treatment facilities or expansion of X existing facilities, the construction of which could cause significant environmental effects? c. Require or result in the construction of new storm water drainage facilities or expansion of existing X facilities, the construction of which could cause significant environmental effects? d. Have sufficient water supplies available to serve the project from existing entitlements and X resources, or are new or expanded entitlements needed? 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 X project's projected demand in addition to the provider's existing commitments? E Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste X disposal needs? g. Comply with federal, state, and local statutes, and X regulations related to solid waste? Impact Discussion: Utility connections will be achieved from an existing 50' access and utility easement within Longest Drive to a proposed 15' access and utility easement from Longest Drive to the lease area and then to an additional 6' utility easement proposed along the south boundary of the lease area to an existing power pole and transformer just west of the subject parcel. An underground trench for telecom and power will follow the utility easement on sheet ALL, attached. Implementation of the project would 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 not significantly impact any utilities or service systems. Mitigation Measure: None required. 4.17 MANDATORY FINDINGS OF SIGNIFICANCE (SECTION 15065: ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 25 of 42 ■ Less Than Reviewed Potentially Significant Less Than No Under Would the proposal: Significant with Significant Impact Previous Impact Mitigation Impact Document Incorporated ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 25 of 42 ■ Project Name: Use Permit UP09-0008 for Verizon Wireless The project has the potential to contribute impacts that are individually limited, but cumulatively considerable with respect to Initial Study Checklist Items 4.1 - Aesthetic/Visual Resources; 4.3 — Air Quality; 4.4 Biological Resources, 4.5 — Cultural Resources, and 4.8 Hydrology and Water Resources. Cumulative impacts to this area would be mitigated due to the inclusion of Mitigation Measures I through 7 as summarized in the following section. 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. Prior to issuance of a building permit, the applicant shall submit sample color chips to the Planrdng Division for review and approval. 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. Prior to issuance of a building permit, the applicant shall submit sample color chips to the Planning Division for review and approval. Building inspectors shall spot check and shall ensure compliance on- site. Mitigation Measure # 2: All exterior 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 lights 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. ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 26 of 42 ■ Potentially Less Than Significant Less Than No Reviewed Under Would the proposal: Significant with Significant Im pact Previous Impact Mitigation Impact Document Incorporated 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 X 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 orprehistory? 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 X with the effects of past projects, the effects of other current projects and the effects of probable future projects)? c. Does the project have environmental effects which will cause substantial adverse effects on human X beings, either directly or indirectly? The project has the potential to contribute impacts that are individually limited, but cumulatively considerable with respect to Initial Study Checklist Items 4.1 - Aesthetic/Visual Resources; 4.3 — Air Quality; 4.4 Biological Resources, 4.5 — Cultural Resources, and 4.8 Hydrology and Water Resources. Cumulative impacts to this area would be mitigated due to the inclusion of Mitigation Measures I through 7 as summarized in the following section. 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. Prior to issuance of a building permit, the applicant shall submit sample color chips to the Planrdng Division for review and approval. 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. Prior to issuance of a building permit, the applicant shall submit sample color chips to the Planning Division for review and approval. Building inspectors shall spot check and shall ensure compliance on- site. Mitigation Measure # 2: All exterior 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 lights 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. ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 26 of 42 ■ Project Name: Use Permit UP09-0008 for Verizon Wireless Mitigation Measure #3: 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 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 #4: Perform the following mitigations concerning area raptors (American kestrel, red-tailed hawk, black -shouldered kite, and Swainson's hawk), and their nests: a If development of the proposed improvements occur during the breeding season (February through September), pre -construction surveys shall be conducted by a qualified biologist to determine if nesting/breeding activities are occurring. Any portion of the subject property that lies within 500 feet of an active nest shall be surrounded by an orange fence during construction activities Any construction activities planned for areas that are within 500 feet of any active nest shall be delayed until after the young have been fledged. The survey shall take place prior to any development activities The survey and all findings shall be provided to the Department of Development Services The Department of Development Services shall ensure that compliance with any limitations on construction activities in the vicinity of any identified nests. The survey shall be conducted by a qualified biologist no more than 30 -days prior to the onset of construction activities. b If no active nests are identified during the pre -construction survey or if construction activities are proposed to occur during the non -breeding season (October through January), no further mitigation shall be required c Place a note on a building and site development plans that states: "Prior to any development activity during raptor breeding season (February through September) a raptor survey prepared by a qualified biologist shall be required." Plan Requirements: Preconstruction raptor surveys shall be accomplished 30 -days prior to construction during the breeding season Any identified nests shall be marked and identified with a 500 -foot no -disturbance buffet until young have fledged Timing: This mitigation shall take place prior to all subdivision development activities Monitoring: The Department of Development Services shall monitor compliance with this mitigation and shall receive all pre -construction survey information prior to construction activities ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 27 of 42 ■ Project Name: Use Permit UP09-0008 for Verizon Wireless Mitigation Measure #5: A landscape plan, approved by the Director of Development Services, shall be submitted prior to issuance of building permits. All vegetation selected must be non-invasive so as avoid introducing invasive non-native plants into the Butte Creek Diversion Channel. Drought -resistant and/or native plantings are strongly encouraged. Plan Requirements: Landscape plans may not include invasive plant choices Timing: This mitigation shall be fulfilled prior to the issuance of building permits. Monitoring: Development Services will review plant selection with assistance from the Agricultural Commissioner's office as needed. Mitigation Measure # 6: 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. Mitigation Measure # 7: Prior to submitting any development applications or engaging in any development activities, the applicant or his/her successors, heirs, assigns shall obtain all necessary permits/certifications from the Regional Water Quality Control Board (RWQCB) regarding National Pollutant Discharge Elimination System (NPDES) regulations and shall show evidence of compliance with the RWQCB regulations prior to on-site grading activities or other soil disturbance activities Plan Requirements: The approved Storm Water Pollution Prevention Plan (SWPPP) shall be attached to all building and site development plans Timing: The requirements of the approved Storm Water Pollution Prevention Plan shall be adhered to at all times. Monitoring: The applicant or his or her successors, heirs, assigns are responsible for ensuring compliance with the Storm Water Pollution Prevention Plan. The California Regional Water Quality Control Board and the Butte County Public Works Department shall respond to any storm water runoff problems. ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 28 of 42 ■ Project Name: Use Permit UP09-0008 for Verizon Wireless 5.0 MITIGATION MEASURES AND MONITORING REQUIREMENTS: 6.0 ENVIRONMENTAL REFERENCE MATERIAL: 1. Butte County Board of Supervisors. Agricultural Preserves Man, established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. 2. Butte County Planning Department. Archaeological Sensitivity Mai Oroville, CA: James P. Manning, 1983. 3. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Map. Butte County Fire Department and California Department of Forestry, 1989. 4. Butte County Planning Department. Butte County GIS Data. Oroville, CA: November 2001. 5. Butte County Planning Department Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 6. Butte County Planning Department Environmental Checklist Form, Evaluation of Environmental Impact File Number 93-15 Oroville, CA: February 9, 1993 7. Butte County Planning Department. Erosion Potential Man 111-2, Safety Element. Oroville, CA: CH2M Hill, 1977. 8. Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 10. Butte County Planning Department. Natural Fire Hazard Classes Map 1114, Safety Element. Oroville, CA: CH2M Hill, 1977. 11. Butte County Planning Department. Noise Element Map IV -1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 12. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 13. Butte County Planning Department. School District Map Oroville, CA 14. Butte County Planning Department. _Subsidence and Landslide Potential Map 111-1, Safety Element. Oroville, CA CH2M Hill, 1977. 15. California Department of Transportation, Traffic Operations Division 2000 All Traffic Volumes of California State Highway System. 2001 16. California Department of Transportation, Traffic Operations Division 1998 Truck Volumes on California State Highway System 1998 17. California Department of Transportation, Traffic Operations Division 1998 All Traffic Volumes on California State Highway 1998 18. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management Agency. 1989. 19. Northwestern District Department of Water Resources Chico Nitrate Study Map, Nitrate Concentration in Shallow Wells. The Resources Agency, State of California, 1983 20. USGS Quad Maps 21. Butte County Association of Governments 2003 Traffic Counts 22. Caltrans 2002 State Highway Traffic Counts 23. Butte County Department of Public Works 2002 Traffic Counts 24. Central Butte County GPA Draft Program EIR, July 1997, LSA Associates, Inc 25. Initial Study/Mitigated Negative Declaration, Butte College Facilities Master Plan, April 2002 26. Butte County Association of Governments, Countywide Bikeway Master Plan for Butte County, September 1998. ■ Butte County Department of Development Services ■ ■ Initial Study - Verizon Wireless, UP09-0008 ■ Page 29 of 42 ■ Project Name: Use Permit UP09-0008 for Verizon Wireless 7.0 CONSULTED AGENCIES: [X] Environmental Health [X] Public Works [ ] Building Manager [ ] BCAG [ ] ALUC [ ] LAFCo [X] Assessor [X] Development Services [ ] Chico Unified School Distr. [X] Air Qual. Management Dist. [X] City of Chico [ ] City of Biggs [ ] City of Gridley [ ] City of Oroville [ ] Town of Paradise [X] CA Department of Forestry [X] Caltrans (Traffic) [ ] Central Reg. Water Quality [ ] Department of Conservation [X] CA Dept. of Fish and Game [ ] Highway Patrol [ ] Army Corps of Engineers [X] US Fish & Wldlife Service [ ] Agricultural Commissioner [ ] Butte Co. Farm Bureau [ ] Oroville Union School Dist. [ ] Feather River Rec. Dist. [ ] El Medio Fire Dept. [ ] SFWPA [ ] LOAPUD [X] PG&E [ ] Pacific Bell [ ] Palermo Union School Dist. [ ] Animal Control [ ] County Counsel 8.0 PROJECT SPONSOR(S) INCORPORATION OF MITIGATION INTO PROPOSED PROJECT: Me have reviewed the Initial Study for the Verizon Wireless Use Permit (APN # 040-020- 171) application and particularly the mitigation measures identified herein. Me hereby modify the application on file with the Butte County Planning Department to include and incorporate all mitigations set forth in this Initial Study. q .3o G Project Sponsor/Pr 'ect Agent Da Project Sponsor/Project Agent k:\planning\projects\up\diversified wireless Date ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 30 of 42 ■ Project Name: Use Permit UPO9-0008 for Verizon Wireless a VIVO !MrOW 'KYW 1OLOW1 'J33M5 311 � swam qX0 Wim =..qAuw . MOAT ris 04 M! J' \ 111 �- P. �� sib.' J ¢�I ` W � Ile —42 T r -- 00 ~a0 r— C5 —jN am I W , Pa. 900 =0 V)cjjQ cam = 8 sE E� a M e fdP r e s FG0 Now :fie 3E9/ ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 31 of 42 ■ Project Name: Use Permit UP09-0008 for Verizon Wireless ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 32 of 42 ■ Project Name: Use Permit UP09-0008 for Verizon Wireless .&MADAM 4tr3'BLL®INUM nrois iaa vt aus: �rtx3io ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 33 of 42 Project Name: Use Permit UP09-0008 for Verizon Wireless wra imwi wpwinta l ■ Butte County Department of Development Services ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 34 of 42 Project Name: Use Permit UP09-0008 for Verizon Wireless ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 35 of 42 nl ..r did 1 iJ ........ . . ...... . . . . . . . . . . . . . . . . . . . . . . ................ .......... td October 31, 2008 Photosimulation of view looking southwest from the curve along the Skyway. ■ October 31, 2008 Photosimulation of view looking southwest from the curve along the Skyway. Project Name: Use Permit UP09-0008 for Verizon Wireless Project Support Statement for Development Application for Verizon Wireless Site "Chico Relo" at 1480 Skyway, Chico APN: 040-020-171 LAT: N390 42' 41.91 "LONG: W121° 46' 40.72" Introduction Presently, Verizon has a site located on the old KHSL AM radio tower in the southeast part of Chico The radio towers are in the path of development and will be coming down as the landowner, New Urban Builders develops Merriam Park The proposed tower will be a replacement for the site on the radio tower Verizon proposes to install a 100 -foot monopole with 12 panel antennas (6 current and 6 future) and two microwave dishes at 1480 Skyway A ground lease area will be located at the base of the tower and contain the associated radio equipment as well as a propane generator. Verizon Wireless is seeking to improve and continue communications service In the greater Butte County area and City of Chico More specifically, Verizon would like to increase and maintain coverage to residences, travelers, and businesses in and around the Chico community Verizon maintains a strong customer base in Butte County and strives to increase and improve coverage for both current and potential customers This unmanned facility will provide service to the area residents and businesses 24 hours a day, T days a week This site will also serve as a back up to the existing landline service in the area and will provide improved mobile communications, essential to modern day commerce and recreation The proposed facility *11 be located at 1480 Skyway in Chico on a parcel zoned M-1 (Light Industrial) Coverage Area This site has been designed to enhance and maintain call coverage in the following areas. • Vehicle users, residents, and businesses throughout the southwest area of Chico • Travelers on Skyway Blvd • Residents and businesses in the surrounding area .ry ■ Butte County Department of Development Services ■ e Initial Study — Verizon Wireless, UP09-0008 a Page 39 of 42 a Project Name: Use Permit UP09-0008 for Verizon Wireless Alternative Locations Considered As part of Verizon's standard practice, the development team searched the surrounding area for potential locations, including any existing communications sites or existing tall structures for potential co -location opportunities The development team assessed serveral PG&E tubular pole locations located in the throughout commerical and residential areas along Skyway. Unforunity the existing PG&E towers are located too close to Verizon Park Ave site and the proposed location needs to be further east The proposed site was ultimately selected because it provided the best Wireless coverage to better serve our customers and was located on in an industrial area.. See map below of the alternative sites investigated. site 2. PG&E Warehouse: limited ground space available, location too close to Verizon's Park Ave site 3. PG&E: no ground space available, location too close to Verizon's Park Ave Site 4. PG&E: zoned residential by City of Chico, property of the border of environmental wetlands RF needs to be east of this location due to proximity to Verizon site Park Ave. S. Body Shop -new monopole: To close in proximity to Verizon's Park Ave site City of Chico has setback back requirements to residential zoned properties. 6. PG&E: Wireless facilities are not allowed in R-2 zones in City of Chico. Also this area has environmental restrictions, wetlands 7. Golf Course -replace driving range pole. Golf course has separate operator and property owner. Property Owner uninterested in leasing area for facility. Facility would not meet fall zone setbacks. ■ Butte County Department of Development Services ■ a Initial Study - Verizon Wireless, UP09-0008 ■ Page 40 of 42 ■ Project Name: Use Permit UP09-0008 for Verizon Wireless Project Support Statenwi Chi= Re10 Safety Benefits of Improved Wireless Service page 3 or 5 Mobile phone use has become an extremely important system for public safety. Along roads and highways without public calf boxes, mobile phones are often the only means for emergency roadside communication Motorists with disabled vehicles (or worse) can use their phone to call in and request appropriate assistance. With good cellular coverage along important roadways, emergency response is just a phone call away. Furthermore, as a back up system to traditional landline phone service, mobile phones have proven to be extremely important during natural disasters and other catastrophes. Convenience Benefits of Improved Wireless Service Modern day life has become increasingly dependent on instant communications. Whether it is a parent calling their child, spouse calling a spouse, or general contractor ordering materials to the jobsite, wireless phone service is no longer just a convenience. It has become a way of life and a way of business. Application Requirements for Wireless Communication Towers 8) Documentation which identifies failure characteristics of the facility structure or tower and demonstrates that the site setbacks are adequate size to contain failing debris. The tower will be located in the northwest comer of the parcel in order to not interfere with the asphalt sealing company's operation. The tower will be located 35 -feet from the north property line and 40 -feet from the west property line. The tower will be engineered and built to all applicable county and state requirements. Butte. County is currently In the process of amending the wireless ordinance to remove this requirement. t 0) Written evidence demonstrating that the selected facility structure and tower design is as visually unobtrusive as possible, given technical and engineering considerations This evidence shall indicate which type of facility is required to provide reasonably effective service and also the best technology and/or construction available to maximally achieve visual unobttusiveness. The use of best available technology and/or construction to maximally achieve visual unobtrusiveness is mandatory. The proposed grey monopole is the most unobtrusive structure for the facility. Due to the industrial nature of the property and area, normal stealth designs such as, monopine, windmill, or water tank would only make the facility more visually obtrusive. ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 ■ Page 41 of 42 Project Name: Use Permit UP09-0008 for Verizon Wireless Arofod SUppwr statement page 4 or S Chko ROO Compliance with FCC Standards This project will not interfere with any TV, radio, telephone, satellite, or any other signals. Any interference would be against the Federai Law and would be a violation Verizon's FCC License Please see attached Verizon FCC Cellular License for the Butte County area. Power Density Please see attached Power Density memo MAINTENANCE AND BACK-UP GENERATOR TESTING Verizon Wireless installs a standby generator and batteries at all of its cell sites. The generator and batteries serve a vital role in Verizon's emergency and disaster preparedness plan. In the event of a power outage, Verizon's communications equipment will first transition over to the back-up batteries. The batteries can run the site for a few hours depending upon the demand planed upon the equipment. Should the power outage extend beyond the capacity of the batteries, the back-up generator will automatically start and continue to run the site. This two state back-up plan is an extremely important component of every Verizon communications site. As one of the nation's largest wireless companies, Verizon is the mobile phone service of choice to many Federal, State, and Local public safety agencies While many public safety agencies employ their own two-way radio systems for intra -agency communications, Verizon phones are often the link to other agencies and the outside world Back-up batteries and generators allow Verizon's communications sites to continue providing valuable communications services in the event of a power outage, natural disaster or other emergency A technician will visit the site approximately twice a month to check the facility and perform any necessary maintenance A standby generator will be installed at the site to ensure quality and consistent coverage in the event of a power outage or disaster. This generator will be run for 30 minutes per week for maintenance purposes, and during power outages and disasters. CONSTRUCTION SCHEDULE The construction of the facility will be in compliance with all local rules and regulations The typical duration is two months The crew size will range from approximately 2 to 10 individuals NOTICE OF ACTIONS AFFECTING THIS DEVELOPMENT PERMIT In accordance with Califomia Government Code Section 65945(a), Verizon Wireless requests notice of any proposal to adopt or amend the: general plan, specific plan, zoning ordinance, ordinance(s) affecting building or grading permits that would in any manner affect this development permit. Any such notice may be sent to 2009 V Street, Sacramento, CA 95818. ■ Butte County Department of Development Services ■ ■ Initial Study — Verizon Wireless, UP09-0008 in Page 42 of 42 ■ NOTICE OF DETERMINATION TO: Butte=Qounty Clerk Office of Planning and Research 25 County Center Drive PO Box 3044 or 1400 Tenth Street Oroville, CA 95965 Sacramento, CA 95812-3044 Sacramento, CA 95814 FROM: Butte County Department of Development Services, Planning Division 7 County Center Drive, Oroville, CA 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. AP Number: 040-020-171 Project Title: Use Permit UP09-0008 Applicant: Verizon Wireless Contact Person: Stacey Jolliffe Telephone Number: 530-538-6573 a L -, Nov - 4 2009 CAN U S, TE CO. CLERK DEPUTY Project Description: Use Permit to construct a 100 -ft monopole painted gray and related facilities on a 1,200 square foot lease area with setbacks approximately 14' to the north, 273' to the east, 216' to the south, and 41' to the west. Ancillary- facilities include: twelve panel antennas, two microwave dishes, a 499 gallon propane tank ,and a propane generator and 240 s.f. equipment shelter. Project Location: 1480 Skyway, Chico, CA State Clearinghouse Number (If submitted to clearinghouse): 2009092068 This is to advise that the Butte County Planning Commission (Lead Agency) has approved the above-described project on September 24, 2009 and has made the following determinations regarding the above-described project: The project ❑will, ® will not, have a significant effect on the environment. 2. ❑An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. ®A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures ®were, ❑were not, made a condition of the approval of the project. 4. A mitigation reporting or monitoring plan ®was, ❑was not, adopted for this project. 5. A statement of overriding considerations ❑was, ®was not, adopted for this project. 6. Findings ®were, ❑were not, made pursuant to the provisions of CEQA. This is to certify that the final EIR, with comments and responses and record of project approval, or the Negative Declaration, is available to the general public at: 7 County Center Drive, Oroville, CA 95965. Date received for filing and posting at OPR Butte County Department of Development Services 7 County Center Drive OrovilA CA &M6,6j Charles Thistlethwaite Division Manager Department of Development Services Standard Conditions: 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 Zoning Ordinance, including Butte County Code Sec. 24-45. 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 2 years of the delivery of the -countersigned permit to the Permittee. 3. Mirior'' changes ,may be approved administratively by the Directors of Development Services, Environmental. Health, ;or. Public Works upon receipt of a substantiated written request by the applicant, or their.respective designee. Prior to such approval, verification shall be made by each Depar ymment or Division that the modification is consistent with the application, fees paid, and environental) determination as conditionally approved. Changes deemed. to be major or significant in nature shall require a formal application for amendment. 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. Conditions of Approval: Planning Division All fees due for the processing of this use permit shall be paid prior to the issuance of a building permit. 2. The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. Said site plan is on file in the Planning Division, is identified as "Attachment E", and is incorporated herein by this reference. 3. Antennas, microwave dishes and mounting hardware.shall be painted to match the neutral color of the proposed communications tower. 4. A landscape plan, approved by the Director of Development Services, shall be submitted prior to issuance of building permits. The landscape plan shall show a screen to help break up views from the Skyway and the Genetic Research Center. The chosen screen shall be maintained throughout the life of the project. 5. The installation of the Facility shall comply with all applicable building and electrical codes. The Facility operator shall submit certification from a registered structural engineer to the Building Division that all associated towers in excess of thirty (30) feet in height will withstand sustained winds as required by the California Building Code. 6. No advertising or display shall be permitted on the Facility, except as required by state and/or federal regulation. 7. There shall be no outdoor vehicle or equipment storage except for emergency purposes. 8. The Facility shall fall within current standards and regulations of the Federal Aviation Administration (FAA), the FCC, and any other State and/or Federal agency with the authority to regulate..such Eacility. If such standards and regulations are changed,, the property owner or responsible party shall bring the Facility into compliance with such revised standards and regulations within ninety (90) days of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling agency. 9. The Facility or combination of the Facilities on the site shall not generate, at any time, electromagnetic frequency radiation (EMF) or radio frequency radiation (RF) in excess of the FCC adopted standards for human exposure, as amended over time. 10. If it is found that the Facility is or will be detrimental to the health, safety, or welfare of persons working or residing near such facility, then the service provider(s) and property owner shall be jointly and solely responsible for the removal, adjustment, or replacement of the Facility. In no case shall the Facility remain in operation if it is found to create a hazard to health, safety, and welfare. The Facility shall not be found to create a hazard to health, safety, or welfare as a result of EMF or RF emissions from the Facility so long as it meets all current standards established by the FCC, pursuant to FCC Office of Engineering and Technology Bulletin 65. 11. Prior to issuance of the first building permit, the applicant shall post a performance security in an amount and form determined by the Director of Development Services 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. If the Facility's emissions are determined to exceed FCC standards, the applicant is required to pay for such other tests and other corrective measures as are necessary to establish compliance with FCC OET 65 and its successors and such noncompliance shall constitute sufficient grounds to commence a permit revocation hearing which may lead to permit revocation. The applicant shall cooperate in all respects with the County's consultant to assist the consultant to reach his/her conclusion. 12. All Facilities that are not in continual use for a period of six (6) months shall be considered abandoned. Abandoned Facilities are hereby designated as unlawful and as public nuisances, requiring no amortization period. 13. The Facility may not encroach into, under, over, above, or upon any public street in the unincorporated area of the County in the absence of a valid encroachment permit from the County. 14. The owner/operator of the Facility shall annually submit a written verification, attested to under penalty of perjury, signed by both the owner/operator and an FCC licensee in the employ ofmr retained by the owner/operator, that the radio frequency radiation/electromagnetic frequency (RF/EMF) emitted by the facility conforms to safety standards set forth in FCC OET 65. The reports prepared for the Facility shall conform to reporting requirements set by the FCC and the County. The reports shall be submitted to the Planning Division no later than January 31 of each year. 15. The Facility shall be secured at all times to prevent access by the public. 16. The collocation of the antennas allowed by this Use Permit requires the issuance of a building permit from the Butte County Building Division and will require conformance with Butte County Code section 24-262 and all applicable building and electrical codes. The Building Division, based upon engineered calculations submitted by the applicant, may determine that the tower cannot physically support the requested number of antennas. If that is the case, the number of new antennas allowed on the tower may be less than the number of antennas permitted by this Use Permit, 17. All fees due on the processing of this use permit shall be paid prior to the issuance of a building permit. 18. Mitigation Measure # 1: To avoid creating substantial glare, the tower shall be constructed of, or treated with, a flat finish material with a low light reflectivity value. Prior to issuance of a building permit, the applicant shall submit sample color chips to the Planning Division for review and approval. 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. Prior to issuance of a building permit, the applicant shall submit sample color chips to the Planning Division for review and approval. Building inspectors shall spot check and shall ensure compliance on-site. 19. Mitigation Measure # 2: All exterior 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 lights 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. 20. Mitigation Measure #3: 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 N 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). 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. 21. Mitigation Measure #4: Perform the following mitigations concerning area raptors (American kestrel, red-tailed hawk, black -shouldered kite, and Swainson's hawk), and their nests: a If development of the proposed improvements occur during the breeding season (February through September), pre -construction surveys shall be conducted by a qualified biologist to determine if nesting/breeding activities are occurring. Any portion of the subject property that lies within 500 feet of an active nest shall be surrounded by an orange fence during construction activities. Any construction activities planned for areas within 500 feet of any active nest shall be delayed until after the young have been fledged. The survey shall take place prior to any development activities. The survey and all findings shall be provided to the Department of Development Services The Department of Development Services shall ensure that compliance with any limitations on construction activities in the vicinity of any identified nests. The survey shall be conducted by a qualified biologist no more than 30 -days prior to the onset of construction activities. b If no active nests are identified during the pre -construction. survey or if construction activities are proposed to occur during the non -breeding season (October through January), no further mitigation shall be required c Place a note. on a building and site development plans that states: "Prior to any development activity during raptor breeding season (February through September) a raptor survey prepared by a qualified biologist shall be required." Plan Requirements: Preconstruction raptor surveys"shall be accomplished 30 -days prior to construction during the breeding season. Any identified nests shall be marked and identified with a 500 -foot no -disturbance buffer until young have fledged. Timing: This mitigation shall take place prior to all subdivision development activities. Monitoring: The Department of Development Services shall monitor compliance with this mitigation and shall receive all pre -construction survey information prior to construction activities. This mitigation measure applies only once if the whole project site is graded at one time. Otherwise, incremental grading of the project site will require a separate raptor survey for each portion of the project site graded separately 22. Mitigation Measure #5: A landscape plan, approved by the Director of Development Services, shall be submitted prior to issuance of building permits. All vegetation selected must be non-invasive so as to avoid introducing invasive non-native plants into the Butte Creek Diversion Channel. Drought - resistant and/or native plantings are strongly encouraged. Plan Requirements: Landscape plans may not include invasive plant choices. Timing: This mitigation shall be fulfilled prior to the issuance of building permits. Monitoring: Development Services will review plant selection with assistance from the Agricultural Commissioner's office as needed. 23. Mitigation Measure # 6: 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. 24. Mitigation Measure # 7: Prior to submitting any development applications or engaging in any development activities, the applicant or his/her successors, heirs, assigns shall obtain all necessary permits/certifications from the Regional Water Quality Control Board (RWQCB) regarding National Pollutant Discharge Elimination System (NPDES) regulations and shall show evidence of compliance with the RWQCB regulations prior to on-site grading activities or other soil disturbance activities. Plan Requirements: The approved Storm Water Pollution Prevention Plan (SWPPP) shall be attached to all building and site development plans. Timing: The requirements of the approved Storm Water Pollution Prevention Plan shall be adhered to at all times. Monitoring: The applicant or his or her successors, heirs, assigns are responsible for ensuring compliance with the SWPPP. The California RWQCB and the Butte County Public Works Department shall respond to any storm water runoff problems. Environmental Health Division 25. Prior to. issuance of a building permit, provide a completed Hazardous Materials Release Response Plan to Butte County Environmental Health as required by Chapter 6.95 of the California Health & Safety Code. Public Works — Land Development Division 26. Prior to establishing use, establish 100 year flood plain elevations and the lowest floor elevations for any structures, in accordance with Butte County Code §26-22. Show on the additional map sheet the elevations (by contours) and the location of an accepted NGVD29 (National Geodetic Vertical Datum of 1929) benchmark and a temporary benchmark on-site. Pacific Gas and Electric 27. Any relocation or rearrangement of any existing PG&E facilities in the area to accommodate this project will be at the expense of the developer. 28. There shall be no building of structures, or the storage of materials allowed over or under any existing PG&E facilities, or inside any easements that exist which would infringe on PG&E easement rights. County Counsel If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. RESOLUTION 09-46 A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING USE PERMIT 09-0008 WHEREAS, the Planning Commission has considered Use Permit UP09-0008 for Verizon Wireless, in accordance with Chapter 24, Section 45; Use Permits, of the Butte County Code on Assessor's Parcel Number 040-020-171; and WHEREAS, the Planning Commission has considered an Initial Study and Negative Declaration in accordance with the California Environmental Quality Act; and WHEREAS, said. Use Permit was referred to various affected public and private agencies, County departments, and referral. agencies for review and comments; and WHEREAS, a duly noticed public hearing was held on October 22, 2009; and WHEREAS, the Planning_ Commission has considered public comments and a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: I. Adopts a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified, that no significant environmental effects would result with the application of mitigation measures recommended in the initial study. B. The Planning Commission has considered the Mitigated Negative Declaration, together with comments received during the review process. C. On the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, there is no substantial evidence that the Use Permit for Verizon Wireless, Planning Division File No. Use Permit 09-0008, would have a significant effect on the environment. D. The Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. E. The custodian of the record is the Department of Development Services. The location of the record is 7 County Center Drive, Oroville CA 95965. II, rinds that the collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not paid for a project; the project will not be operative, vested or final and any local permits issued for the project will be invalid (Section 711.4 (c) (3)). III. Makes the following Use Permit findings: Page 1 of J 1 9 0 A. The proposed location, size, design, and operating characteristics of the proposed use are in accordance with the purpose of Butte County Code, the purpose of the zone in which the site is located, the Butte County General Plan, and the development policies and standards of the County because: 1. The Industrial land use designation allows public utilities as Secondary Uses. 2. Butte County Code Section 24-262 (d) allows new towers to be located within the M-1 zone with modified setbacks subject to the issuance of a Use Permit. 3. Wireless telephone services are regulated by the California Public Utilities Commission and are considered to be a public use consistent with the M-1 (Light Industrial) zone and the Industrial General Plan land use designation. 4. The proposed use will comply with each of the applicable provisions of Butte County Code Chapter 24, Section 262. Conditions of approval have been applied to this project pursuant to the applicable requirements of Section 24-262 (Wireless Communication Facilities). B. The proposed uses of the property will not impair the integrity and character of the zone in which the land lies and that the use would not be unreasonably incompatible with, or injurious to, surrounding properties or detrimental to the health and general welfare of the persons residing or working in the neighborhood or to the general health, welfare and safety of the county, because: 1. Conditions of approval have been applied to this project pursuant to the applicable requirements of Section 24-262 (Wireless Communication Facilities) and 24-45 (Use Permits). 2. Following initial study of the project pursuant to CEQA, several mitigation measures have been recommended to reduce environmental consequences of the project to a less than significant level. C. The project meets the criteria set out in Butte County Code Section 24- 262(g) (3) for setback modifications for new wireless communication facilities, because: 1. The subject parcel is located within a Non -Residential Zone District (A-15 through A-160, C-1, C-2, C -C, H -C, N -C L -I, M-1, M-2). The subject parcel is located within an M-1 Zone District, a Non -Residential Zone District 2. The subject parcel is located more than 1,000 feet from any existing Residential use. - The subject parcel is located approximately 1575,ft from the closest residence. 3. The subject parcel adheres to the following criteria: Page 2 of 11 a. Setback distances for the facility cannot be less than setbacks for primary structures in the applicable zone district. Setback distances for the M4 zone district are not required, except where the property abuts residentially zoned property. The subject parcel abuts properties zoned M=1 and P -Q, which are not residential zones. K The facility is not located within an area designated within a scenic overlay designation. The property is designated Industrial; the site is not designated with a scenic overlay. C. The facility is not located within 500 feet of any building or feature located on a local or state historic or cultural significance list. The site is highly disturbed.. The project was properly distributed to the Northeast Center of the California Historical Resource Information System which did not comment. The project is not located within 500 ft of any building or feature potentially of cultural or historic significance. d. The facility is not incompatible or inconsistent with an adopted airport land use plan, nor would interfere with agricultural aircraft operations. The project is not located within the vicinity of any airports or airstrips. e. The facility does not create a hazardous condition to the general health, safety, and welfare. The project has been conditioned to include mitigation measures and conditions of approval to reduce hazardous conditions to a less than significant level, including a requirement for a Hazardous Material Release Response Plan to be submitted to Butte County Environmental Health as required by Chapter 6.95 of the California Health & Safety Code prior to the issuance of a building permit. f. Modifications of setback standards would not interfere with other standards or requirements addressed within this code. Modified setbacks standards have not been determined to conflict or interfere with other code sections. IV. Approves Use Permit 09-0008 for Verizon Wireless, subject to the findings and conditions in Exhibit "A". Page 3 of 1 ] 0 0 DULY PASSED AND ADOPTED this 22nd day of October, 2009, by the following vote: AYES: Commissioners Becker, Moore, and Nelson NOES: ABSENT: Commissioners Marin and Wilson ABSTAIN: TIM SNELLINGS Planning Commission Secretary County of Butte, State of California Page 4 of l l Car es W. Nelson, Vice -Chair Planning Commission County of Butte, State of California E EXHIBIT A USE PERMIT i BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP09-0008 PERMIT NO. 040-020.-171 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Diversified Wireless is hereby granted a Use Permit in accordance with application filed consisting of: A 100 -foot monopole painted gray and related facilities on a 1,200 square. foot lease area with setbacks (from the monopole to parcel boundaries) approximately 14' to the north, 273_ ' to the east, 216' to the south, and 41' to the west. Ancillary facilities and other related components of the project include the following: Twelve panel antennas are proposed to be centered at the 96 -foot level. Two microwave dishes are proposed to be centered at the 83 -foot level. A 499 gallon propane tank on a 50 s.f. concrete foundation A propane generator and 240 s.f equipment shelter on a 780 s.f. concrete foundation. Circulation and utility connections will be achieved from an existing 50' access and utility easement within Longest Drive to a proposed 15' access and utility easement from Longest Drive to the lease area and then to an additional 6' utility easement proposed along the south boundary of the lease area to an existing power pole and transformer just west of the subject parcel. An underground trench for telecom and power will follow the utility easement The only lighting proposed will be a motion sensor controlled light on the equipment shelter. No lights of any type (i.e., red obstruction lights_ or strobe lights) are proposed to be placed on the monopole. 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 Zoning Ordinance, including Butte County Code Sec. 24-45. 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 2 years of the delivery of the countersigned permit to the Permittee. Page 5 of I ] i 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works 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. Conditions of Approval: Planning Division 1. All fees due for the processing of this use permit shall be paid prior to the issuance of a building permit. 2. The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. Said site plan is on file in the Planning Division, is identified as "Attachment E", and is incorporated herein by this reference. 3. Antennas, microwave dishes and mounting hardware shall be painted to match the neutral color of the proposed communications tower. 4. A landscape plan, approved by the Director of Development Services, shall be submitted prior to issuance of building permits. The landscape plan shall show a screen to help break up views from the Skyway and the Genetic Research Center. The chosen screen shall be maintained throughout the life of the project. 5. The installation of the Facility shall comply with all applicable building and electrical codes. The Facility operator shall submit certification from a registered structural engineer to the Building Division that all associated towers in excess of thirty (30) feet in height will withstand sustained winds as required by the California Building Code. 6. No advertising or display shall be permitted on the Facility, except as required by state and/or federal regulation. 7. There shall be no outdoor vehicle or equipment storage except for emergency purposes. 8. The Facility shall fall within current standards and regulations of the Federal Aviation Administration (FAA), the FCC, and any other State and/or Federal agency with the authority to regulate such Facility. if such standards and regulations are changed, the property owner or responsible party shall bring the Facility into compliance with such revised standards and regulations within ninety (90) days of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling agency. Page 6 of 11 i 9. The Facility or combination of the Facilities on the site shall not generate, at any time, electromagnetic frequency radiation (EMF) or radio frequency radiation (RF) in excess of the FCC adopted standards for human exposure, as amended over time. 10. If it is found that the Facility is or will be detrimental to the health, safety, or welfare of persons working or residing near such facility, then the service providers) and property owner shall be jointly and solely responsible for the removal, adjustment, or replacement of the Facility. In no case shall the Facility remain in operation if it is found to create a hazard to health, safety, and welfare. The Facility shall not be found to create a hazard to health, safety, or welfare as a result of EMF or RF emissions from the Facility so long as it meets all current standards established by the FCC, pursuant to FCC Office of Engineering and Technology Bulletin 65. 11, Prior to issuance of the first building permit, the applicant shall post a performance security in an amount and form determined by the Director of Development Services 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. If the Facility's emissions are determined to exceed FCC standards, the applicant is required to pay for such other tests and other corrective measures as are necessary to establish compliance with FCC OET 65 and its successors and such noncompliance shall constitute sufficient grounds to commence a permit revocation hearing which 'may lead to permit revocation. The applicant shall cooperate in all respects with the County's consultant to assist the consultant to reach his/her conclusion. 12. All Facilities that are not in continual use for a period of six (6) months shall be considered abandoned. Abandoned Facilities are hereby designated as unlawful and as public nuisances, requiring no amortization period. 13. The Facility may not encroach into, under, over, above, or upon any public street in the unincorporated area of the County in the absence of a valid encroachment permit from the County. 14. The owner/operator of the Facility shall annually submit a written verification, attested to under penalty of perjury, signed by both the owner/operator and an FCC licensee in the employ of or retained by the owner/operator, that the radio frequency radiation/electromagnetic frequency (RF/EMF) emitted by the facility conforms to safety standards set forth in FCC OET 65. The reports prepared for the Facility shall conform to reporting requirements set by the FCC and the County. The reports shall be submitted to the Planning Division no later than January 31 of each year. 15. The Facility shall be secured at all times to prevent access by the public. 16. The collocation of the antennas allowed by this Use Permit requires the issuance of a building permit from the Butte County Building Division and will require conformance with Butte County Code section 24-262 and all applicable building and electrical codes. The Building Division, based upon engineered calculations submitted by the applicant, may determine that the tower cannot physically support the requested number of antennas. If that is the case, the number of new antennas allowed on the tower may be less than the number of antennas permitted by this Use Permit. 17. All fees due on the processing of this use permit shall be paid prior to the issuance of a building permit. Page 7 of 11 • 18. Mitigation Measure # 1: To avoid creating substantial glare, the tower shall be constructed TT' or treated with, a flat finish material with a low light reflectivity value. Prior to issuance of a building permit, the applicant shall submit sample color chips to the Planning Division for review and approval. 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. Prior to issuance of a building permit, the applicant shall submit sample color chips to the Planning Division for review and approval. Building inspectors shall spot check and shall ensure compliance on-site. 19. Mitigation Measure # 2: All exterior 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 lights 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. 20. Mitigation Measure #3: 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 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. Page 8 of 11 21. Mitigation Measure #4: Perform the following mitigations concerning area raptors (American kestrel, red-tailed hawk, black -shouldered kite, and Swainson's hawk), and their nests: a If development of the proposed improvements' occur during the breeding season (February through September), pre -construction surveys shall be conducted by a qualified biologist to determine if nesting/breeding activities are occurring. Any portion of the subject property that lies within 500 feet of anactive nest shall be surrounded by an orange fence during construction activities. Any construction activities planned for areas within 500 feet of any active nest shall be delayed until after the young have been fledged. The survey shall take place prior to any development activities. The survey and all findings shall be provided to the Department of Development Services The Department of Development Services shall ensure that compliance with any limitations on construction activities in the vicinity of any identified nests. The survey shall be conducted by a qualified biologist no more than 30 -days prior to the onset of construction activities. b If no active nests are identified during the pre -construction survey or if construction activities are proposed to occur during the non -breeding season (October through January), no further mitigation shall be required c Place a note on a building and site development plans that states: "Prior to any development activity during raptor breeding season (February through September) a raptor survey prepared by a qualified biologist shall be required." Plan Requirements: Preconstruction raptor surveys shall be accomplished. 30_days prior to construction during the breeding season. Any identified nests shall be marked and identified with a 500 -foot no -disturbance buffer until young have fledged. Timing: This mitigation shall take place prior to all subdivision development activities. Monitoring: The Department of Development Services shall monitor compliance with this mitigation and shall receive all pre -construction survey information prior to construction activities. This mitigation measure applies only once if the whole project site is graded at one time. Otherwise, incremental grading of the project site will require a separate raptor survey for each portion of the project site graded separately 22. Mitigation Measure #5: A landscape plan, approved by the Director of Development Services, shall be submitted prior to issuance of building permits. The landscape plan shall show a screen to help break up views from the Skyway and the Genetic Research Center. The chosen screen shall be maintained throughout the life of the project. Plan Requirements: Landscape plans may not include invasive plant choices. Timing: This mitigation shall be fulfilled prior to the issuance of building permits. Monitoring: Development Services will review plant selection with assistance from_ the Agricultural Commissioner's office as needed. 23. Mitigation Measure # 6: 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 Page 9 of l 1 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. 24. Mitigation Measure # 7: Prior to submitting any development applications or engaging in any development activities, the applicant or his/her successors, heirs, assigns shall obtain all necessary permits/certifications from the Regional Water Quality Control Board (RWQCB) regarding National Pollutant Discharge Elimination System (NPDES) regulations and shall show evidence of compliance with the RWQCB regulations prior to on-site grading activities or other soil disturbance activities. Plan Requirements: The approved Storm Water Pollution Prevention Plan (SWPPP) shall be attached to all building and site development plans. Timing: The requirements of the approved Storm Water Pollution Prevention Plan shall be adhered to at all times. Monitoring: The applicant or his or her successors, heirs, assigns are responsible for ensuring compliance with the SWPPP. The California RWQCB and the Butte County Public Works Department shall respond to any storm water runoff problems. Environmental Health Division 25. Prior to issuance of a building permit, provide a completed Hazardous Materials Release Response Plan to Butte County Environmental Health as required by Chapter 6.95 of the California Health & Safety Code. . Public Works — Land Development Division 26. Prior to establishing use, establish 100 year flood plain elevations and the lowest floor elevations for any structures, in accordance with Butte County Code §26-22. Show on the additional map sheet the elevations (by contours) and the location of an accepted NGVD29 (National Geodetic Vertical Datum of 1929) benchmark and a temporary benchmark on-site. Pacific Gas and Electric 27. Any relocation or rearrangement of any existing PG&E facilities in the area to accommodate this project will be at the expense of the developer. 28. There shall be no building of structures, or the storage of materials allowed over or under any existing PG&E facilities, or inside any easements that exist which would infringe on PG&E easement rights. Countv Counsel If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and Page 10 of 11 agrees to sign an indemnification agreement in a form approved by County before the Board?s appeal hearing. If the application is not appealed, this condition is deemed satisfied. I hqrqby declare under penalty of perjury that .1 have read the foregoing conditions, which they are in fact the conditions which were imposed upon the granting of this Use Permit, and that I agree to abide fully by said conditions. Pop:, -pplicant .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. 99; Land Development Division g Division - i i j . n Environmental Health Division Butte County Fire Department/CD17 Assessors. Office Page 11 of I I October 31, 2008 Photosimulation of view looking southwest from the curve along the Skyway. ®Copyright 2007,'Previsualists'Inc.,all rights reserved. Accuracy o(2his photosimdladari (based upon information provided by project applicant. Questions? Call '1.877,799.3210 or visit WWW.PHOTOSIM.COM :a.r..y.o,{yr t - Aqftwp.�.-w.- Misting 7 rP - T 1� AR A N".0- r��Uj WOW 1. , _0 P4 Chico Relo 14 �181O 'k ag YW Y C C CA 95 28 freriZonwireless t i:. 0 BUTTE COUNTY DEC 18 20A DEVELOrMENT SERVICES October 31, 2008 Photosimulation of view looking south from the nearest point along the Skyway. -` _ - = Chico Relo - - o 48 , CA 95 Y 1 a 928 verrLonwireless p Copyright 2007,Previsualists'Inc.,all rights reserved. Accuracy of this p'hotosimuladw abased upon information provided by project applicant Questions? Call 1.877.799.3210 or visit WWW.PHOTOSIM.COM � ,.r �� ,r q .. � _�� _ -_ .r. .- � C - «7 ,_ _ r�'r "til•--:. O -` _ - = Chico Relo - - o 48 , CA 95 Y 1 a 928 verrLonwireless p Copyright 2007,Previsualists'Inc.,all rights reserved. Accuracy of this p'hotosimuladw abased upon information provided by project applicant Questions? Call 1.877.799.3210 or visit WWW.PHOTOSIM.COM 0 • BUTTE COUNTY DEC 18 2008 DEVELOPMENT SERVICES it 03/18/2009 07:55 5099284415 URS _ PAGE 01/02 DATE: March 17, 2009 920 N. Argonne Road, Suite 300 _Spokane, Washington 99212-2722 TEL: (509) 928-4413 I1 FAX: (509) 928-4415 PAGE 1 OF; 2 DIRECT LINE: 509.944.3E17 TO: Planning Dept FROM: Johnnie Landis FIRM: Butte County FAX NO: 530-538-7785 MEMO: SUBJECT: Ref: 3323 Chico Relo CC: Keith O'Connell, Project Manager Please find attached a Public Notice, per FCC. rules, for the proposed telecommunication facility at: Panoramic Highway in Stinson Beach, CA_ Please contact Keith O'Connell at (509) 998-6691. Thank you )e information In this facsimile transmission is intended solely for the stated recipient of this transmission, You have received this fax in error, please notify the sender immediately by telephone. If you are not the tended recipient, please be advised that dissemination, distribution, or copying of the Information mtalned in this fax is strictly prohibited, 03/18/2009 07:55 5099284415 URS PAGE 02/02 C1ii.co 36303323.03323 Pli 13LIC NOTICE Pursuant to the FCC rules regarding review under Section 1.06 of the National Historic Preservation Act; . Verizon Wireless is providing notice of a proposed telecommunications facility at 1480 Skyway in Chico, California. Proposed construction includes installation of a new 100 -foot -tall monopole tower. Any interested party may submit comments regarding this project's potential effect to historic strictures or cultural resources to Mr. Keith O'Connell, 509-998-6691, URS Corporation,, 920 North Argonne Road #300, Spokane, WA 99212. Reference 3323. c EXHIBIT D RESULTANT PARCEL C Being a portion of Section 5,. Township 21 North, Range 2 East, and Section.32, Township 22 North, Range 2 East, M.D.B. & M., more particularly described as follows: COMMENCING at the U.S. Survey Quarter Section Corner between said Section 5, Township 21 North, Range 2 East and said Section 32, Township 22 North, Range 2 East, M.D.B. & M.; THENCE along the east.line of the southwest quarter of said Section 32, North 000.51'49" East, 14.00 feet to the True Pointof Beginning; THENCE continuing along the east line of the southwest quarter of said Section 32, North 00651'49" East, 398.23 feet to a point on the southerly right=of-way line of the Skyway; THENCE along said right-of-way line South 74035'16" East, 1.13:26 feet to the beginning of a; non -tangent curve; concave southwesterly (radial line to said curve bears North. 18037'4W East); THENCE continuing along said right-of-way line, along said curie having a radius of 1405.00 feet, through a central angle of 37°25'16 , an arc length of 917.64 feet; THENCE leaving said right-of-way line and parallel with the north line of said Sectidn 5, South 89.59'28" West, 195.31 feet;' THENCE South 00004'49" Vilest, 31.62 feet; THENCE parallel with the north line of said Section 5, South 89'59'28" West, 200:00 feet; THENCE North 00.04'49" East, 31:62 feet; THENCE North 29006'50" West; 204.6.1 feet; THENCE parallel with .the north line of said Section 5, South 89659'28" West, 337.00 feet to tale True Point of Beginning; The above-described pares! contains 5.55 acres, more or fess: The purpose of this deed is to effect a lot tine adjustment as approved by the Butte County Director of Public Works on May 1,; 20o1. The above described lands comprise one parcel ofland. No additional lots or parcels are created hereby. The scope of review of said lot line adjustment was limited as ,specified in.Government Code Section 66412 (d), and approval of itdoesnot constitute assurance that future applications for building permits or other land use entitlements on the modified lots or -parcels will be approved by the County of Butte. E:IPPMECTS=tST;p,Kntt:egw. •, my t l.wp0 FESSip F V 'L Gi g Na 28998 rAae[��= d Exp; 03-31-03 ZoR:C..98 *�fe �'v�aGlo��* Registration Expires: 03-31-03 EXHIBIT "A" Description: Butte, CA Document -Year.DOCiD 2001.36032 Page: 5 of .5 Order: 66+56 Comment: t Fidelity National Title Company m c OF CALIFORNIA BUTTE COUNTY PRELIMINARY REPORT DEC 18 2008 DEVELOPMENT SERVICES In response to the application for a policy of title insurance referenced herein, Fidelity National Title Company of California hereby reports that it is prepared to issue, or cause to be issued, as ofthe date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions ofsaid policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks ofsaidpolicy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and aMaximum Dollar Limit ofLiability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose offacilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder, will be policy(s) of Fidelity National Title Insurance Company, a California corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provideyou with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. Counter fed FIDELITY. NATIONAL TITLE COMPANY Ob" CALIFORNIA PO nr, BYkn1 .SE r. /w,( P.resldent L .ATTEST ` CAL# SeuetwV CLTA Preliminary Report Foam - Modified (11/17/06) Visit Us on our Website: www.fntic.com i Fidelity National Title Company OF CALIFORNIA ISSUING OFFICE: 3075 Prospect Park Drive, Suite 130 • Rancho Cordova, CA 95670 916-853-7600 • FAX 916-638-1285 PRELIMINARY REPORT Title Officer: Karin Bosch Title No.: 08 -414097 -KB Locate No.: CAFNT0958-0958-0051-0000414097 TO: CWC, Inc. 2009 V Street Sacramento, CA 95818 ATTN: Kevin Brennan SHORT TERM RATE: no PROPERTY ADDRESS: 1480 Skyway, Chico, California EFFECTIVE DATE: October 6, 2008, 07:30 A.M. The form of policy or policies of title insurance contemplated by this report is: CLTA Standard Coverage Policy - 1990 ALTA Loan Policy (6/17/06) 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE as to Parcel(s) One; AN EASEMENT more fully described below as to.Parcel(s) Two, Three, and Four 2. .-TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: Denny L. Mc Kinney and ]aqulynn M. Mc Kinney, husband and wife, as joint tenants 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF CS\NN 11/11/2008 CLTA Preliminary Report Form - Modified (11/17/06) Title No. 08 -414097 -KB Locate No. CAFNT0958-0958-0051-0000414097 LEGAL DESCRIPTION EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED AREA OFTHE COUNTY OF BUTTE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Parcel One: Being a portion of Section 5, Township 21 North, Range 2 East and Section 32, Township 22 North, Range 2 East, M.D.B.&M., more particularly described as follows: Beginning at the U.S. Survey Quarter Section Corner between said Section 5, Township 21 North, Range 2 East and said Section 32, Township 22 North, Range 2 East, M.D.B.&M.; thence South 00° 04' 49" West, 256.00 feet; thence parallel with the North line of said Section 5, North 890 59' 28" East, 437.00 feet; thence North 00° 04'49" East, 91.22 feet; thence North 290 06' 50" West, 204.61 feet thence parallel with the North line of said Section 5, South 890 59' 28" West, 337.00 feet to a point on the East line of the Southwest quarter of said Section 32; thence South 000 51' 49" West along said East line, 14.00 feet to the point of beginning, parcel herein is pursuant to a Lot Line Adjustment approved by the County of Butte, by deed recorded August 10, 2001, under Butte County Recorder's Serial No. 2001-36030, and this is the resultant description which recorded August 10, 2001, under Butte County Recorder's Serial No. 2001-36032, and re-recorded December 12, 2003, under Butte County Recorder's Serial No. 2003-86286. Excepting therefrom the mobile home/homes located thereon. Parcel Two: A right of way for ingress, egress and utility purposes over a portion of Section 5, Township 21 North, Range 2 East, M.D.B.&M., more particularly described as follows: Commencing at the U.S. Survey Quarter Corner Section between Section 5, Township 21 North, Range 2 East, M.D.B.&M., and Section 32, Township 22 North, Range 2 East, M.D.B.&M.; thence North 000 51' 49" East, along the East line of the Southwest quarter of said Section 32, 412.23 feet to a point on the Southerly right- of-way line of the Skyway; thence along said right-of-way line, South 740 35' 16" East, 113.26 feet to the beginning of a non -tangent curve, concave Southwesterly (radial line to said curve bears North 180 37' 40" East); thence continuing along said right-of-way line, along said curve having a radius of 1405.00 feet, through a central angle of 281 51' 34" an arc length of 707.68 feet to a point on the North line of said Section 5; thence continuing along said right-of-way, along said curve, through a central angle of 50 51' 01", an arc length of 143.46 feet to the true point of beginning; thence leaving said right-of-way line, South 261 58' 13" West, a distance of 27.22 feet to a point lying 30.00 feet Northerly of the South line of Parcel 3, as described in deed recorded in the office of the Recorder of the County of Butte, State of California, June 7, 1995, under Butte County Recorder's Serial No. 95-18515; thence South 890 59' 28" West and parallel with the South line of said Parcel 3, a distance of 174.50 feet to a point lying 30.00 feet Westerly of the projection of the East line of said Parcel 3; thence South 000 04'49" West, and parallel with said East line of Parcel 3, a distance of 1179.80 feet to the South line of Parcel 2, as described in deed recorded in the office of the Recorder of the County of Butte, State of California, June 7, 1995, under Butte County Recorder's Serial No. 95-18514; thence continuing along said line of Parcel 2, North 801 01'49" East, a distance of 30.46 feet to the Southwest corner of Parcel 1, as described in deed recorded in the office of the Recorder of the County of Butte, State of California, June 7, 1995, under Butte County Recorder's Serial No. 95-18513; thence along the South line of said Parcel 1, South 67° 34' 11" East, a distance of 22.10 feet to a point lying 30.00 feet Easterly of the projection of the West line of said Parcel 1; thence North 000 04' 49" East, and parallel with the said West line of Parcel 1, a distance of 1121.29 feet to a point lying 30.00 feet Southerly of the North line of said Parcel 1; thence North 89° 59' 28" East and parallel with the said North line of Parcel 1, a distance of 185.00 feet to a point on curve, concave Southwesterly (radial line to said curve bears North 570 30' 40" East), said point also being on the Southwesterly right-of-way of the Skyway; thence along said right-of-way line, along said curve having a radius of 1405.00 feet, through a central angle of 40 10' 25", an arc length of 102.34 feet to the true point of beginning. Excepting therefrom all that portion lying within the bounds of Parcel One, described herein. CLTA Preliminary Report Form - Modified (11/17/06) EXHIBIT "A" (continued) Title No. 08 -414097 -KB Locate No. CAFNT0958-0958-0051-0000414097 Parcel Three: A 25 foot wide access and utility easement, being more particularly described as follows: Being a portion of Section 5, Township 21 North, Range 2 East, M.D.B.&M., more particularly described as follows: Commencing at the U.S. Survey Quarter Section Corner between said Section 5, Township 21 North, Range 2 East and Section 32, Township 22 North, Range 2 East, M.D.B.&M.; thence South 000 04' 49" West, 256.00 feet; thence parallel with the North line of said Section 5, North 890 59' 28" East, 437.00 feet; thence North 000 04'49" East, 59:60 feet to the true point of beginning; thence parallel with the North line of said sections, North 891 59' 28" East, 200.00 feet; thence South 000 04' 49" West, 25.00 feet; thence parallel with the North line of said Section 5, South 890 59' 28" West, 200.00 feet; thence North 000 04' 49" East, 25.00 feet to the true point of beginning. Parcel Four: A 25 foot wide access and utility easement, being more particularly described as follows: Being a portion of Section 5, Township 21 North, Range 2 East, M.D.B.&M., more particularly described as follows: Commencing at the U.S. Survey Quarter Section Corner between said Section 5, Township 21 North, Range 2 East and Section 32, Township 22 North, Range 2 East, M.D.B.&M.; thence South 0011 04' 49" West, 256.00 feet; thence parallel with the North line of said Section 5, North 890 59' 28" East, 437.00 feet; thence North 000 04'49" East, 59.60 feet to the true point of beginning; thence parallel with the North line of said Section 5, North 890 59' 28" East, 200.00 feet; thence North 000 04'49" East, 25.00 feet; thence parallel with the North line of said Section 5, South 890 59' 28" West, 200.00 feet; thence South 000 04'49" West, 25.00 feet to the true point of beginning. APN: 040-020-171-000 CLTA Preliminary Report Form - Modified (11/17/06) Title No. 08 -414097 -KB Locate No. CAFNT0958-0958-0051-0000414097 AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2008-2009, Assessor's Parcel Number 040-020-171-000. Code Area Number: 062-195 1st Installment: $311.45 Paid 2nd Installment: $311.45 Open Land: $53,580.00 Improvements: $3,578.00 Exemption: $0.00 Personal Property: $0.00 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation code of the State of California. 3. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document; . Purpose: Ditches, flumes or pipe lines Recorded: April 1, 1937, Book 179, Page 264, of Official Records The exact location and extent of said easement is not disclosed of record. 4. The effect of That Certain Agreement and Covenant between M. and T. Inc., a Corporation and Parrott Investment Company, a Corporation, and Donald Hale, et ux., for installation of curbs, gutters and sidewalks together with other incidentals, recorded July 21, 1948, in Book 452, Page 465, Official Records. An assignment of interest executed by Donald Hale, et ux, to Robert S. Miller, et ux, recorded July 21, 1948, in Book 451, Page 479, Official Records. 5. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document; y Purpose: Public utilities Recorded: January 8, 1949, Book 457, Page 497, of Official Records i 6. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document; Purpose: Flood control project Recorded: March 20, 1959, Book 988, Page 41, of Official Records 4 CLTA Preliminary Report Forth - Modified (11/17/06) ITEMS: (continued) Title No. 08 -414097 -KB Locate No. CAFNT0958-0958-0051-0000414097 7. Matters contained in that certain document entitled "A Conditional Zoning Agreement" dated none shown, recorded September 20, 1993, Instrument No. 93-40443, of Official Records. Reference is hereby made to said document for full particulars. 8. The fact that said land is included within a project area of the Redevelopment Agency shown below, and that proceedings for the .redevelopment of said project have been instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the redevelopment plan) as disclosed by a document. Redevelopment Agency: Greater Chico Urban Area Redevelopment Project Recorded: October 28, 1993, Instrument No. 93-47865, of Official Records Amendment thereof recorded July 24, 1996, Serial No. 96-27513. Notice of Adoption of an Amendment to the Redevelopment Plan for the Greater Chico Urban Area Redevelopment Project, recorded October 11, 2004, Serial No. 2004-62586. 9. Matters contained in that certain document entitled "Reservation of the First Right of Refusal' dated none shown, recorded October 16, 2001, Instrument No. 2001-0048030, of Official Records. Reference is hereby made to said document for full particulars. 10. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: $59,000.00 Dated: June 2, 2005 Trustor: Denny L. McKinney and Jaqulynn M. McKinney, who are married to each other Trustee: Mid Valley Title and Escrow Company Beneficiary: Tri Counties Bank Loan No.: none shown Recorded: June 8, 2005, Instrument No. 2005-0032424, of Official Records 11. Any facts, rights, interests or claims, which are not shown by the public records but which could be ascertained by an inspection of the . land or which may be asserted by persons in possession thereof. 12. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 13. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose and which are not shown by the public records. CLTA Preliminary Report Form - Modified (11/17/06) ITEMS: (continued) Title No. 08 -414097 -KB Locate No. CAFNT0958-0958-0051-0000414097 . 14. The application for title insurance was placed by reference to only a street address or tax identification number. Based on our records, we believe that the description in this report covers the parcel requested, however, if the legal description is incorrect a new report must be prepared. If the legal description is incorrect, in order to prevent delays, the seller/buyer/borrower must provide the Company and/or the settlement agent with the correct legal description intended to be the subject of this transaction. 15. If a work of improvement is contemplated, in progress or recently completed. To assist the Company in determining if it can give the priority coverage contained within the policy contemplated by this report, please provide the following: (a) Current Financial Statement and/or Current Loan Application. (b) Project Cost Breakdown. (c) Completed Loss of Priority Questionnaire. (This form furnished by the Company). (d) A fully executed Indemnity Agreement. (This form furnished by the Company). (e) If work* has commenced prior to the recordation of the Construction Deed of Trust there will be further requirements and the closing of the transaction could be delayed. *"Work" may include, among other things, any preparation of the site for the planned construction, delivery of construction materials or equipment and any labor furnished. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 16. The transaction contemplated in connection with this Report is subject to the review and approval of the Company's Corporate Underwriting Department. The Company reserves the right to add additional items or make further requirements after such review. 6' CLTA Preliminary Report Form - Modified (11/17/06) C� ITEMS: (continued) 17. *** IMPORTANT RECORDING NOTE *** • Title No. 08 -414097 -KB Locate No. CAFNT0958-0958-0051-0000414097 Please send all original documents for recording to the following office: Fidelity National Title Company 505 Wall Street Chico, California 95928 Attn: Miranda Buell Telephone: (530)343-3716 Facsimile : (530) 899-4093 Please direct all other title communication_ and copies of documents, including recording release instructions, policy write up instructions, lenders instructions and settlement statements, to the Title Only Department at the following address: FNTG Sacramento Title Group 3075 Prospect Park Drive, Suite 130 Rancho Cordova, California 95670 Attention: Karin Bosch -Title Only Dept Telephone: (916) 853-7665 Facsimile : (916) 638-1365 END OF ITEMS Note 1. The Company is not aware of any matters which would cause it to decline to attach the CLTA Endorsement Form 116 indicating that there is located on said land Commercial building known as 1480 Skyway, Chico, California to an Extended Coverage Loan Policy. Note 2. There are NO deeds affecting said land, recorded within twenty-four (24) months of the date of this report. Note 3. If a county recorder, title insurance company, escrow company, real estate broker, real estate agent or association provides a copy of a declaration, governing document or deed to any person, California law requires that the document provided shall include a statement regarding any unlawful restrictions. Said statement is to be in at least 14 -point bold face type and may be stamped on the first page of any document provided or included as a cover page attached to the requested document. Should a party to this transaction request a copy of any document reported herein that fits this category, the statement is to be included in the manner described. Note 4. Please contact Escrow Office for Wire Instructions. Note S. Any documents being executed in conjunction with this transaction must be signed in the presence of an authorized Company employee, an authorized employee of an agent, an authorized employee of the insured lender, or by using Bancsery or other approved third -party service. If the above requirements cannot be met, please call the company at the number provided in this report. END OF NOTES CLTA Preliminary Report Form - Modified (11/17/06) 2.50Ac 170 S.SSAc 40-02 _ T.21N. R.2E. M.D.B.&M. 171 - -- ------------32133 3313_4_ - >r - - -- - -- Ear r 5 :_ - -----= zz=-,. CH /� r 3 DITCH '- ' i -_ Jo.6Ao 11-38 ` - - ff 9 ' ;y1. - PIQ z ti 1 i� 142 ____C _____�r� na k rQz.Qa. 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CDR. 91 .7S4ci;1`. 40 . �'� - I�i MOST OST N cmuDR 12.00Ac± i �a 7 38.06Ac 9eact h_________________________________________________________y - ���169 2 ` � - i • ^ 4.23Act 26 N l57 l ~ '1 15.77Ac OAc 164 ¢ ?e sz y�C peJ•� 1. �' 136P.N101 177 1753 4 211.66 75 1.60A 40.OlAc > 18.09Ac 2.77Act za iwsA1 Nk°A \ i . 39-06 m IMPORTANT: This plat Is not a survey, �m it Is mere furnished as a corelanlenco ==s==_c___-------- -- --- ---t ------ 154 `, I to locate the lana In relation to adjoining 3.96A 176 ___ fD7m_ ___ _u47hr-- �2r J 9 ; 30.14AC 28.55Ac 1� e �`� streets and other lanes, and not to 158PM35 39 , 149 M 15$ 1.e.m PTN.�1 153125 guarantee dimensions, distances, 1 beatings or acreage. s ffiL86 w 36.3 156 9Ac a 2 ' 3 798.06 11.47Ac ' i3 1 0 31.8OAC " mr.+s a 173 _ I03PM32 10b M14 K sel.as - 1 144 40.OIA w.15 w7,92 sss k 3 37 - $ SA J 151 4 l52 w ; �' u 33.34Ac �,(! l23 150 2 e MOOW MOW n' � 94P67 J 35 O ' 0,251 109931 961.8, 12AB0 46999 =44 1 38 BURS CREEK S.W. COR. '� Hg (RFL. PTAL 94PM7 145 11 1��`78 fSr67ES , LOT 14, SEC. 7 _ la -�7 ON PC 40-06) i4A 36 A 06 FZ 8 --_--_--__-- 49 \ \ 27.1. A& Butte County Assessor's Mop 46.05Ac l 26.98Act Book 4k Page 02 9 la ,P8ns2 7 i 8 m --------------L---------- `- 8 9 h 18117 - 1 -------------------- �--------------- 16':15 ^, 1 ROTE: Au mFdwAndH SHORN ON ASESSdi / I p5 l PAFM YIPS ARE FOR AlR5S0e'S OFFICE USE AND 00 ten NECfMMY f:ONSTFUTE urx TED BY DB CREATED ON 12-11-2001 ''x)• LOTS. NO UA90M tS'SSSS FOR THE REVISED BY SOT REVISED ON OB -OB -2005 ACLVRAC/ OF THE MTA S1rJRR, n, a ueur en.�ro rrrrrxve ennc_na 0. 0 ATTACHMENT ONE AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured 3. Title Risks: against loss, costs, attorneys' fees, and expenses resulting from: • that are created, allowed, or agreed to by you 1. Governmental police power, and the existence or violation of . that are known to you, but not to us, on the Policy Date - any law or government regulation. This includes building and unless they appeared in the public records zoning ordinances and also laws and regulations concerning: • that result in no loss to you • land use • that first affect your title after the Policy Date — this does not • improvements on the land limit the labor and material lien coverage in Item 8 of • land division Covered Title Risks • environmental protection 4. Failure to pay value for your title. This exclusion does not apply to violations or the enforcement 5. Lack of a right: of these matters which appear in the public records at policy • to any land outside the area specifically described and date. referred to in Item 3 of Schedule A This exclusion does not limit the zoning coverage described in or Items 12 and 13 of Covered Title Risks. e in streets, alleys, or waterways that touch your land 2. The right to take the land by condemning it, unless:. This exclusion does not limit the access coverage in Item 5 of • a notice of exercising the right appears in the public records Covered Title Risks. on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowledge of the ` taking In addition to the Exclusions, you are not insured against loss, 3. Any facts about the land which a correct survey would disclose costs, attorneys' fees, and the expenses resulting from: and which are not shown by the public records. This does not 1. Any rights, interests, or claims of parties in possession of the limit the forced removal coverage in Item 12 of Covered . land not shown by the public records. Title Risks. 2, . Any easements or liens not shown by the public records. This 4. , Any water rights or claims or title to water in or under the land, does not limit the lien coverage in Item 8 of Covered whether or not shown by the public records. Title Risks. Attachment One (11/17/06) ATTACHMENT ONE (CONTINUED) CALIFORNIA LAND TTTLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land, (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of. which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured, claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss of damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. SCHEDULE B, PART I EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: PART I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. Easements, liens or encumbrances, or claims thereof, not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. Attachment One (11/17/06) 0 • ATTACHMENT ONE (CONTINUED) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH A.L.T.A. ENDORSEMENT -FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement novo or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant, (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as t,:) assessments for street improvements under construction cr completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because cf the inability or failure of the insured at Date of Policy, or th_- inability or failure of any subsequent owner of the indebtednes-, to comply with applicable doing business laws of the state i-1 which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury cr any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claire of priority of any statutory lien for services, labor or material over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted far and commenced subsequent to Date of Policy and is nct financed in whole or in part by proceeds of the indebtedneso secured by the insured mortgage which at Date of Policy th-- insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating th-- interest of the mortgagee insured by this policy, by reason of fir- operation heoperation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgage-- being ortgage✓being deemed a fraudulent conveyance or fraudulent transfer, cr (ii) the subordination of the interest of the insured mortgagee ,% a result of the application of the doctrine of equitabL subordination, or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser fcr value or a judgement or lien creditor. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attomeys' fees or expenses) which arise by reason o_: Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in areE, encroachments, or any other facts which a correct survey woull disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions i_z patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. Attachment One (11/17/0e) ATTACHMENT ONE (CONTINUED) 2006 AMERICAN LANDTITLE ASSOCIATION LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) • environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit. the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because cf the inability or failure of an Insured to comply with applicably doing -business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transactiox evidenced by the Insured Mortgage and is based upon usury 4>. - any -any consumer credit protection or truth -in -lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessment:; imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does no: modify or limit the coverage provided under Covered Risk I I (b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. Any encroachment, encumbrance, violation, variation, o - adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and noc shown by the Public Records. (a) Unpatented mining claims; (b) reservations or exceptions it patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records Attachment One (11/17/06: 0 - 0 ATTACHMENT ONE (CONTINUED) AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy, or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgement or lien creditor. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. Easements, liens or encumbrances, or claims thereof, not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or. title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. Attachment One (11/17/06) r ATTACHMENT ONE (CONTINUED) 2006 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the band; (iii) the subdivision of land; or (iv) environmental protection, or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Publi Records at Date of Policy, but Known to the Insured Claimarl and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (howevel, this does not modify or limit the coverage provided under-- Covered nder-Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have beela sustained if the Insured Claimant had paid value for the Title Any claim, by reason of the operation of federal bankruptcy:, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. Any lien on the Title for real estate taxes or assessment.; imposed by governmenial authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. Any encroachment, encumbrance, violation, variation, o- adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and noc shown by the Public Records. (a) Unpatented mining claims; (b) reservations or exceptions it_ patents or in Acts authorizing the issuance thereof; (c) Ovate- rights, claims or title to water, whether or not the matter- excepted under (a), (b), or (c) are shown by the Public Records Attachment One (11/17/06_ ATTACHMENT ONE (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attomeys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. Land use d. improvements on Land e. Land division f. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion'does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is bindir_g on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to U3, unless they appear in the Public Records at the Policy Dat✓; c. that result in no loss to You; or d. that first occur after the Policy Date — this does not limit the coverage described in Covered Risk 7, 8.d; 22, 23, 24 or 25. 5. Failure to pay value for Your Title., 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 14, 15,16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liabili Covered Risk 14: 1.00% of Policy Amount $ 10.000.00 or $ 2.500.00 (whichever is less) Covered Risk 15: 1.00% of Policy Amount $ 25.000.00 or $ 5.000.00 (whichever is less) Covered Risk 16: 1.00% of Policy Amount $ 25.000.00 or $ 5,000.00 (whichever is less) Covered Risk 18: 1.00% of Policy Amount $ 5.000.00 or $ 2,500.00 (whichever is less) Attachment One (11/17/0E) ATTACHMENT ONE (CONTINUED) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of. 1. (a) Any law, ordinance or governmental regulation (including but not limited to zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvements now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or areas of the Land or any parcel of which the Land is or was a part, or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26), or (e) resulting in loss or damage which would not have bees sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because oc the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state it which the Land is situated. - 5. Invalidity or unenforceability of the lien of the Insures Mortgage, or claim thereof, which arises out of the transactior- evidenced by the Insured Mortgage and is based upon usury. except as provided in Covered Risk 27, or any consumer credi protection or truth in lending law. 6. Real property taxes or assessments of any governmenta. authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provider under Covered Risks 7, 8(e) and 26. 7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances of modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. 8. Lack of priority of the lien of the Insured Mortgage as to earl= and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. 9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy. Attachment One (11/17/06) Notice You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential property in California between May 19, 1995 and November 1, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the same property thatis the subject of your current transaction, you do not have to do anything; the Company will ,provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is subject of your current transaction, you must - prior to the close of the current transaction - inform the Company of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform the Company of the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the Company information concerning a prior transaction, the Company is required to determine if you qualify for a discount which is subject to other terms and conditions. Effective through November 1, 2014 • (privacy)(05-08) Page 1 of 2 Fidelity National Financial, Inc. Privacy Statement • Effective Date: 5/1/2008 Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non- public personal information ("Personal Information") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices, including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF follows the privacy practices described in this Privacy Statement. and, depending on the business performed, FNF companies may share information as described herein. Personal Information Collected We may collect Personal Information about you from the following sources: • Information we receive from you on applications or other forms, such as your name, address, social security number, tax identification number, asset information, and income information; • Information we receive from you through our Internet websites, such as your name, address, email address, Internet Protocol address, the website links you used to get to our websites, and your activity while using or reviewing our websites; • Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning your policy, premiums, payment history, information about your home or other real property, information from lenders and other third parties involved in such transaction, account balances, and credit card information; and • Information we receive from consumer or other reporting agencies and publicly recorded documents. Disclosure of Personal Information We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: • To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; • To third -party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or providing you with services you have requested; • To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, in connection with a subpoena or a governmental investigation; • To companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing agreements and/or • To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing. We may also disclose your Personal Information to others when we believe, in good faith,. that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding, court order or legal process. • (privacy) Page 2 of 2 • Effective Date: 5/1/2008 Disclosure to Affiliated Companies - We are permitted by law to share your name, address and facts about your transaction with other FNF companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested, for marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. Disclosure to Nonaffiliated Third Parties - We do. not disclose Personal Information about our customers or former customers to nonaffiliated third parties, except as outlined herein or as otherwise permitted by law. Confidentiality and Security of Personal Information We restrict access to Personal Information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard Personal Information. Access To Personal Information/ Requests for Correction, Amendment, or Deletion of Personal Information As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to find out to whom your Personal Information has been disclosed, and request correction or deletion of your Personal Information. However, FNF's current policy is to maintain customers' Personal Information for no less than your state's required record retention requirements for thepurpose of handling future coverage claims. For your protection, all requests made under this section must be in writing and must include your notarized signature to establish your identity. Where permitted by law, we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to: Chief Privacy Officer Fidelity. National Financial, Inc. 601 Riverside Avenue Jacksonville, FL 32204 Changes to this Privacy Statement This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this Privacy Statement was revised or materially changed. P LC' reed el the Request Of ANd Volley TNb 6 tpaam Company Order No. EecrM No. !E4U20?0 Lrjan No. NMEN RECORDED MAIL TO: JAiCI.IS NIXLRXwT I 0911MIS L. KLIANNY 2183 ROBd1II.8T DJIVE CBICo, CA 95928 III IIII IIllilll I!i! itil I! VIII II II Rrcorded I RF.0 FEE 18.06 OfficialyRec rd; I TAX 152.90 oOf ' Butt• t CRtCiHLE J. 6RJBAS I Recorder I ., I Cindy ilil9AN 116-Aua-1948 I Page i of 2 SPA P.' AWVE THISMIKE FOR REr.AHJEFtS USE MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $1W -W a carmww m M oonaber"w w vmm a peoperW oancyad. CA SWE AS ABOVE _ CoMuled an ew roe+wwe+rW of 414 wso kno of Vouf trvwz Amwk:he m tree (0 sale. --� �1B1JGd�ro- { 13nantm f6n[1ntAC Signature d OeeWrR a Aeva OeWminny Mh - ram Norte GRAN' DEED �pC004-IbD-OY9 . FOR A VALUABLE C ONSPERATION, rocvlpt of whlth b nsretrr arknowlo W, Rltchic ConWw ion, Inc, t CaNfomla Corwatlon hw6y Gf wjs) to Denny McLi.pney and Jagtilyuo !ic[.inney , HUSUM AND WIFE, A$ JOINT TFXAiliS Vv. recti property in dw Cay of Chic= County of Bust! State of C fIvnia. (420ebed ea SEE ATTACHED LEGAL DESCRIPI7ON , 08te:L.-.,.IL,Qn24__1.4f3A_ _--•----•------ ) STATE OF 0�V.I'AIAA M C�OUNTy Of 1f1171m J a. fJ 24 <19 ------ be&" mA er,Y1`,�1 [1 1l�eRT�tl31.1C—... rm goo—ad B1lSiAR11 IiDCM RITC11TIS — pw*ur4i y NWwn in me (a pored le me rel the babA of eat4L1=rry enema; LO be tns pxson(s; whaao rorne(s) Waa wbsenbW to Ne wHNn rwuurtrr a4 ee�rr>teMaeed b ma :hat rtovlfenh�y a><aeutM the wee ti h ellwro+w a,Ah"@d rsyaotyllss). ane the M N&t,W,Jw( ArAnalL to(s) an Vie krot,-,anorA the PWKrHal or the erAlty .p6m oeneii o( wfliM tRa1{e) 90100. a.eaAed :116W fa WrVfiYM 'MfN6" air holdae n. l seal RIKKA C"SI'k"TQW, Inc., A CALIFORNIA t"OkSDRATIgII �d f.Rr — .0 KRISTIN ABBIM — — COMM. e1092330 (r` _ — — lMIdFflL�'" y arnufA �— OOtlr'1 OF t ITE — ' 4�o�Nreatxtelx � KFNSTIN A886, COM M. ett??2:N:) �. G. Ln 1 ORDER NO. SU -164020 TA DESCRIPTION THE LAND REPERRED TO IN THIS REPORT IS SITUATED IN THE STAT?. OF CALIPORNIA, COUNTY OF BUTTE., CITY OF CHICO, AND IS DESCRIBED AS FOLWWS : IAT 63, AS SHOWN ON THAT CERTAIN X" ENTITLED, "N.$AD0.3Q GT" VILLAGE, PHASE 411, WHICH PAP WAS RECORDED IN THE OFFICE OF Mr. RBOORDBR OF THN COUNTY OP BUTTE, STATE OF CALIFORNIA, ON JULY 7, 1996, IN BOOK 138 OF ?LAPS, AT PAGE(S) 68 AND 69. THIS DLED IS MADE AND ACCEPTED UPON THE COVENANTS, COVDYTIONS AND RESTRICTIONS AS SET FORTH IN THAT CERTAIN DECLARATZON OF RESTRICTIONS RECORDED APRIL 15, 1091, UND®t BUTTE COUNTY MORDAR13 SERIAL 'NO. 91-1432?, BUTTE COUNTY, CALIFORNIAT ALL OF VHXCH AR* INCORPORATED HEREIN BY REFMMC$ THERETO WITH THE SAME FORCS ANN) NMCT AS THOUGH FULLY SET FORTH HEREIN AT LILNGTH A.YD GRANTEES BY A(=PTANCX OF THIS DEED APPRO.'E, ADOPT, RATIFY AND AGREE TO THE TERMS OF SAID n?".+RATION.. a t S "RECORDING REQUESTED BY MID VALLEY TITLE Order No.184111-LW ca 1 _� 6 CD 3 2 Escrow No. Recorded I REC FEE 19.00 Official Records i CONFORM .0.0 WHEN RECORDED MAIL TO: yTOf EGRUBBS DENNY L. MC KINNEY CAMCEUJ. I P.O. BOX 3742 ROSERecordIrGi5[�I 1 CHICO., CA 95927 Assistant I Fay 0160M 10=Aug-20MI I Page 1. of 5 DOCUMENTARY TRANSFER TAX.$............ 'SPACE ABOVE THIS LINE FOR RECORDERS USE .........Computed on the consideration or value of property conveyed; OR .........Computed on the consideration or value less lieng or-ncumblances AS DEC ARER BY THE IND RSI N D remaining al time of sale. Signature of Declarant of Agent determining tax -- Finn Name 11911 this is a bonafi& i ift and grantor received nothing in return R & T 1.1911 RESULTANT DEED APN: ()40=020-1b8 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, DENNY L. MC KINNEY AND JAQULYNN M. MC KINNEY, HUSBAND AND WIFE, hereby Grant(s) io DENNY L. MC KINNEY AND JAQULYNN M. MC KINNEY, HUSBAND AND WIFE, AS JOINT TENANTS the real property in the City of UNINCORPORATED AREA County of Butte ,State of California, described. as SEE ATTACHED EXHIBIT "A, B & C" &: "DI' Dared JULY 13, 2001 STATE OF CALIFORNIA )SS. COUNTY OF BUTTE ) On JULY 131 2001 before me, 1. NDA l _ wEI[1ClmCK NEITARY personally appeared DENNY L- MC KINNEY AND JAoULYNN M MC'K NNEY personally known to me (or proved to me .on the basis of satisfactory evidence) to be the person(s) whose name(s) is/aresubscribed to the within instrument and acknowledged to me: that he/shdlheyexecuted thesame in his/her/their authorized capacity(irs), and that by hislher/their signa- tur*s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seat. LINDA J. WC16DCOCK LINDA J. WOODCOCK COMM. I i2 sev LK fCOUMO- � Comm."Upitee July Is..1001 (This area for official notarial mi) MAIL TAX STATEMENTS AS SAME AS ABOVE Description: Butte,CA Document- Year. DocZD 2001.36032 Page: 1 of 5 Order: 66+56 Comment: EXHIBIT "A" RESULTANT PARCEL B Being a portion of Section 5, Township 21 North, Range 2 East and Section 32, Township 22 North, Range 2. East, M.D.B. & M., more particularly described as follows: BEGINNING at the US. Survey Quarter Section Corner between said Section 5, Township 21 North, Range -2 East and said Section 32; Township 22 North, Range 2 East, M,.D.B: &M.; THENCE South 00°04'49 West, 256.00 feet;. THENCE parallel with the north; line of said ;Section 5; North89059'28" East; 43T.00 feet; THENCE North 00'04'49" East, 91.22 feet; THEN CE:North'29°06'50"West,:204.61 feet; THENCE parallel with the north line of said Section 5, South 89059'281! West, 337.00 feet to the Point of Beginning; The'above=described parcel contains 2.50 acres, more or. less. The purpose ofahis:deed is.to effect a lot line adjustment as approved by the: Butte County Director of Public Wdrks on May 1, 200:1 The above described lands.comprtse one, parcel:of land: No additional lots or parcels are,ceeated hereby. The scope of review of.said lot line adjustment was limited as specified"in Government Code Section e6412 (d), and approval of it:does.not constitute assurance.thatfuture applications forbuilding-permits'or other land use entitlements on the modified lots or parcels.wilf be:approved by the County of Butte. e4pFESS/p, is ael SBy R.0 E. 28998 Registration Expires 03=31-03. w Na. 28998 ,Z: S¢ Exp. 03-31-M e:Pa040T$ oiOW&zeiaku.,mr++.,nd EXHIBIT "A" Description: Butte,CA Document: -Year.DOc3D 2001.36032 Page: 2 of 5 Order: 66+56 Comment: • EXHIBIT "B" TOGETHER WITH AN EASb4ENT DESCRIBED AS FOLLOWS: 26 FOOT WIDE ACCESS AND UTILITY EASEMENT DESCRIPTION IPTION ACROSS PARCEL A FOR THE BENEFIT OF PARCEL B Being a portion of Section 5, Township 21 North, Range.2 East, M.D.B. & M., More, particularly described as follows: COMMENCING at the U.S; Survey Quarter Section Comer between said Section 5, Township 21 North, Range2 East and Section 32, Township 22 North, Range 2 East, M:D.13. & M*-; THENCE South 00004'49" West, 256.00 feet; THENCE parallel With the north line of said Section 5 o North 89059'2811 East? 4.37..00 fee THENCE North 061104"49" East, 69.60 fe6t, to the True Point of.Beginning-_ THENCE parallel with the, north line of said Section 5,, North 89°59'28" East; 200:00 feet-, THENCE South 00°04'4.9"Vilest; 25.00 feet; THENCE�.parallel with the north line of -said Section 5,.SoUth 89"59'28" West 200.00 f661; THENCE.N.orth 00T*449" East., 25;001'feeiwto, the True Point of Beginning. 53. Na'28998 UP, 03-31=03 y R.C.E. 28998` ,a Regi.s.tratiori, Expires-,. 0.3-31 -rW tm - " - iimd Description: Butte,CA DoctLment-kear-.,DoCXD 2001.36032 Page. 3 of 5 Order! 66+56 Comment: 0 EXHIBIT 11V TOGETHER WITH AN EASEMENT DESCRIBED AS FOLLW'�, 25 FOOT WIDE ACCESS AND UTILITY EASEMENT DESCRIPTION ACROSS PARCEL C FOR THE BENEFIT OF PARCEL B Being. a portion of Section 5, 'Township 21 North, Range 2: East, M.D.B. & M., more pqrticuWrly described as -follows: COMMENCING at the -U.S.. Survey Quarter. Section: Comer between said Section 5, Township'21 North., Range.2 East and Section 32. 1, Tdwn'ship 22 North, Range .2 East, M.UB. & M.; THENCE South 00'04'49" West, ,256.00 feet; THENCE parallel with the n6rth]ihe qfzaid Section,5, N4rth.-,89°5928" East, 437.00 feet; THENCE.N6r.th 00004'49." East, (eetA6 the True Point of Beginning; tHEN. CE parallel With the norfh.line of said Section 6, North., -8905926" East, 200.00 feet; THENCE North 00°04'49" East,.25.00 fe6t` THENCE parallel With the north llriebf said -Section :5.',.tSoUth 8905928" West,-200'O0'fdet: THENCE South 00-04-49" (Nest, 25'.'00 feet to"6e'True, P�'ih o t.bf 8P9 M inni 'E.S � U, a el S:..Byrd .-RC:E., 28998 NaNo, 218998: Registration E.xplres:. 01-31!�03: OM. 03731-03 E.'PROJECTWO197%i&54 dam a. may il.wpd Description: Butte,CA Document -Year. DocID 2001.36032 Page: A of 5 Order: 66+56 Comment: a IMS License - Cellular License - KNKA463 - SACRAMENTO VALL... http://wireless2.fcc.gov/UIsApp/U[sSearch/license.jsp?licKey=l2`-1*33&pr... ULS License Cellular License - KNKA463 - SACRAMENTO VALLEY LIMITED PARTNERSHIP Call Sign KNKA463 Status Active Market, Market. CMA215 -Chico, CA Submarket 0 Dates, Grant 02/05/2008 Effective 08/27%20.08 Five Year Buildout.Date 06/17/.1993 Control Points. Radio Service CL - Cellular Auth Type Regular Channel Block 8 Phase 2 Expiration 01/22/2018" Cancellation 1 .255 PARKSHORE DRIVE, SACRAMENTO, FOLSOM, CA. P: (916)357400.0 Licensee FR.N. 00029.72149 Licensee SACRAMENTO VALLEY LIMITED PARTNERSHIP 1120 Sanctuary Pkwy,#150 GASA5REG ALPHARETTA, GA 30004 ATTN Regulatory Contact Verizon .Wireless Sonya R Dutton 1120 Sanctuary Pkwy #150GASA5REG Alpharetta., GA 3000.4 ATTN Network Regulatory Ownership and Qualifications Radio Service Type Mobile Type Partnership BUT U, COUNTY DEC 18 2000 ')"VM-OPMEN S2RVICES P: (770)797=1070 F.(770)797-1036 E: Network. Regul`atory@VerizonWireless:com P:(770)797=1070 F:(7.70)797-1036 E: Network. Reg ulatory@V,erizonW ireless, torn Regulatory Status Common `Carrier Interconnected Yes Alien Ownership Is the applicant a foreign government or the representative of any No foreign government? Is the applicant an alien or the representative of an alien? No Is the applicant a corporation .organi.zed under the laws of any foreign No . government? Is the applicant a corporation of, which more than one-fifth of the No capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country? 1 of 2 8/27/2008 -:44 PM ULS License - Cellular License - KNKA463 - SACRAMENTO VALL... http://wireless2.fcc.gov/UlsApp/UlsSearchAicense jsp?licKey=12°33&pr... Is the applicant directly or indirectly controlled by any other Yes ' corporation of which more than one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representativ.e.th&e' of,.or byany corporation organizedunder the laws of a foreign country?_ If the answer to. the above question is 'Yes'., has_the'applicant received a ruling(s), under Section 310(b)(4) of the, Communications Act. with respect�to the sarne.radio service involved in this application? Basic Qualifications The Applicant answered "No" to each of the Basic: Qualification questions. Demographics BUTTE Race COUNTY Ethnicity Gender DEC 18 ZOQB DEVELOPMENT SERVICES 2 of 20 8/27/2008 1.=44 PM • FCC/LSGAC • Local Official's Guide to RF Optional Checklist for Local Government To Determine Whether a Facility is Categorically Excluded Purpose: The FCC has determined that many wireless facilities are unlikely to cause human exposures in excess of RF exposure guidelines. Operators of those facilities are exempt from routinely having to determine their compliance. These facilities are termed "categorically excluded." Section 1.1307(b)(1) of the Commission's rules defines those categorically excluded facilities. This checklist will assist state and local government agencies in identifying those wireless facilities that are categorically excluded, and thus are highly unlikely to cause exposure in excess of the FCC's guidelines. Provision of the information identified on this checklist may also assist FCC staff in evaluating any inquiry regarding a facility's compliance with the RF exposure guidelines. BACKGROUND INFORMATION 1. Facility Operator's Legal Name:yeriaor} Wireless 2. Facility Operator's Mailing Address: 2725 Mitchell Drive Walhut Cr eke CA 94SOR 3. Facility Operator's Contact Name/Title: N/A 4. Facility Operator's Office Telephone: 925)279-6079 5. Facility Operator's Fax: (925) 279-6589 6. Facility Name: Chico Relo 7. Facility Address: 1480 Skyway, Chico California 8. Facility City/Community: Chico 9. 'Facility State and Zip Code: CA 95982 10. Latitude: 39° 42' 41.91 " 11. Longitude: 121246'40.72" BUTTE COUNTY DEC 18 DEVEL01, SERVIL--.s continue 10 FCC/LSGAC Local Official's Guide to RF BUTTE COIJ14TY Optional Local Government Checklist (page 2) DEC 18 2008 DEVEL( x iviENT EVALUATION OF CATEGORICAL EXCLUSION 12. Licensed Radio Service (see attached Table 1): QRS 13. Structure Type (free-standing or building/roof-mounted): Free standing monopole 14. Antenna Type [omnidirectional or directional (includes sectored)]: Directional 15. Height above ground of the lowest point of the antenna (in meters): 28 04 16. X Check if all of the following are true: (a) This facility will be operated in the Multipoint Distribution Service, Paging and Radiotelephone Service, Cellular Radiotelephone Service, Narrowband or Broadband Personal Communications Service, Private Land Mobile Radio Services Paging Operations, Private Land Mobile Radio Service Specialized Mobile Radio, Local Multipoint Distribution Service, or service regulated under Part 74, Subpart I (see question 12). (b) This facility will not be mounted on a building (see question 13). (c) The lowest point of the antenna will be at least 10 meters above the ground (see question 15). If box 16 is checked, this facility is categorically excluded and is unlikely to cause exposure in excess of the FCC's guidelines. The remainder of the checklist need not be completed. If box 16 is not checked; continue to question 17. 17. Enter the power threshold for categorical exclusion for this service from the attached Table 1 in watts'ERP or EIRP` (note: EIRP = (1.64) X ERP): 18. Enter the total number of channels if this will be an omnidirectional antenna, or the maximum number of channels in any sector if this will be a sectored antenna: 19. Enter the ERP or EIRP per channel (using the same units as in question 17)- 20. Multiply answer 18 by answer 19- 21. Is the answer to question 20 less than or equal to the value from question 17 (yes or no)? If the answer to question 21 is YES, this facility is categorically excluded. It is unlikely to cause exposure in excess of the FCC's guidelines. If the answer to question 21 is NO, this facility is not categorically excluded. Further investigation may be appropriate to verify whether the facility may cause exposure in excess of the FCC's guidelines. "ERP" means "effective radiated power" and 'EIRP" means "effective isotropic radiated power I I II I& I ctI Ile Ln w O I \ \\ p--------------------- — — — — _ \ A qp I I\\\ -------------- _------ -------------------- ----_--�\;b \ I I I I m0 I I I I o m I I I I I 1 I 1 CHICO RELO j� V� ✓ MST ARCHITECTS � � ' 1480 SKYWAY�., �b �, M..r IN N _ verrgnW�SS CHICO, CA 95928 °^ °° °°°°�^• °t°t°°ta°°° comPLETE 4 ° SHEET 1M.E: Wireleee Consulting.I— c�l 6 OVERALL SITE LAYOUT PLAN ~ i1014Y®e 6 M �. OYMIOII. IYx6 i 916 MGU4'[ k Ill al° ®!p �t .6 0 0 II to I 0 0 b w y �t AlfIF V (P) 40'-0• VE IZON nwazss LUSE AREA (P) za'-o' wazoN Ca18E0CK NOAnaN i ••'a '--.... I I tz' tY (P) 11'-6- vaazoN WIkm EWIP. sain+ to' t}' SA, , Y-0. 4'-0 ii wx\.- t t • ,s I y --- r - CL I - s mS � 15W7 .4 �Z I I ,. zLT r, 511 -1 6 3S' -Sb' TO MONOPOLE CWMWNE XCICR A • / '�� I l �i �`!t' �P' 't•a t tt'tt• i . i 1 : S' _....._. 9 --------- _ _ b N111 NOZRf3/i i 8 0�3 SM I \ -: CHICO RELO 1480 SKYWAY yerizgn w�SS CHICO, CA 95928 sliEEr tmE: EQUIPMENT LAYOUT PLAN (P) 15' ' VERROIN WaM ACCESS d MM EASEMENT a g a I, MSTARCHITECTS mmmzm 801A. BIvR., yyly 3, BemmnRM, CA 98816 COMPLETE W4etew ConnItlnO, Inc. 002 � YO 4�LIID14 r ,m9,mm v mr¢ r[ ro 9RL IOW n[ mtmr 6 wrn i t9RA Rn6tcc C MIB M Rona WI RO llp YE I,IQ r[ ®®Q W. 0@ OIli6 wO 900®16 9IYL,N L 1®R,n 10®, OY p8t Oi MB MOQB ROM t® ,RIm1 oo,m a a roan. �c rrn 6 6N6 r066{ t n198I6I®,B CHICO RELO MSTARCHITECTS 1480 SKYWAY 14 0°„ ,�„� b z ,,°, 8 verlZgn,�,�SS CHICO, CA 95928 °^ � °t°t°°t�°°° COMPLETE Wireleu L°naulttng. Inc. SHEEP TIriE: PROJECT ELEVATIONSO�6eDd16�1O®6�'*���°6Y�ptIDNLNp�Ll��ppp(1005 p axu m ea r¢ r¢ °®tm u n oe usm •o umc®a � n a uvn v rr 1°enl a eamr a ono noata aa°m laa IYlell l0®e 611[ 1GnnlQ. OAIOII, YM6 i mW Imn6T. t ®In l®40 Zm m;CHICO RELO MST ARCHITECTS 0 1480 SKYWAY yerizgnWRELESS CHICO, CA 95928 COMPLETE Wireless ConsWOnp, Inc. SHFET TmL. PROJECT ELEVATIONS L-Li-L.Li L.L.L.L.L.Li If CHICO RELO Lease Area Description All that certain loose area being a portion of that certain 'ResuRant Parcel B' as Is described In Document 2001-36032, Official Records of Buff* County, California, also being a portion of Section 5. Township 21 North, Range 2 East, M.D.B. d M. being more particularly described as follows: Commencing at a monument set for the West quarter comer of the aforementioned Section 5; thence East 41.20 feet M the True Point of Beginning; thence from sold point of beginning East 30.00 feet; thence South 40.00 fest. thence West 30.00 feet; thence North 40.00 fest to the point of beginning. Together with an easement for Ingress, egress and uPofly purposes, fifteen fed in width; the centeritne of which. Is described as follows•. beginning at a point which boon South 8.58 fed from the Northeast comer of the above described lease area and running thence North 58'09'34' East 14.22 feet; thence through a curve to the right having a radius of 50 fed. the chord of which bears North 74'04'03' East 27.41 foet; thence North 89'58'31' East 50.34 feet; thence through a curve to the right .having a radius of 40 fed the chard of which bears South 5750'42' East 50.54 feet; thence South 11'35'21' East 76.57 feet; thence through a curve to the left having a radius of 120 fed the chord of which bean South 5747'57' East 151.72 feet; thence North 89'58'28' East 104.60 fool; thence North 89'59'28' East 127.91 fed; thence North 7Y18'44' East 108.45 fee. thence North 87'07'23' East 158 fed mon or less to the public right of way more commonly known as The Skyway. n'3o' SCALE 1" = 10' o s ae e0- ae e0 0 o.00' VIAI'eAp"P) (P) 1&0 ACCESS R UTILITY NENT TOWER LOCATION r --- E) 0 ELECT. SERV. 0 BE RE-ROUTED �E7)MlELCO V! PROJECT AREA . ENLARGEMENT DATE OF SURVEY: 10-02-08 SURVEYED BY OR UNDER DIRECTION OF: KENNETH D. GEIL. R.C.E. 14803 LOCATED IN THE COUNTY OF BUTTE, STATE OF CALIFORNIA BEARINGS SHOWN ARE BASED UPON MONUMENTS FOUND AND RECORD INFORMATION. THIS IS NOT A BOUNDARY SURVEY. ELEVATIONS SHOWN ON THIS PLAN ARE BASED UPON U.S.GS. N.A.V.D. 88 DATUM. ABOVE MEAN SEA LEVEL UNLESS OTHERWISE NOTED. N.G.V.D. 1929 CORRECTION: SUBTRACT 2.33' FROM ELEVATIONS SHOWN. CONTOUR INTERVAL' 1 Fr. THE LATITUDE AND LONGITUDE WERE DETERMINED USING TRIMBLE GEO-XT G.P.S AND UTILQINC PATHFINDER OFFICE DIFFERENTIAL CORRECTION SOFTWARE AT THE CENTERPOINT OF THE LEASE AREA AS SHOWN ON PROJECT AREA ENLARGEMENT. HAD 83 LAT. 39'42'41.91' LONG. 121'48'40.72' HAD 27 LAT. 39'42'42.33' LONG. 121'46'38.80' THIS SURVEY MEETS OR EXCEEDS FAA IA ACCURACY TOLERANCES. SITE NAME R NUMBER: CHICO RELO SITE ADDRESS: 1480 SKYWAY CHICO. CA 95928 ASSESSOR'S PARCEL NUMBER: 040-020-171 CURRENT ZONING: M-1 LANDLORD(S): DENNY 3 JAOULYNN McIONNEY COMPLETE ASPHALT SEALING CO. 1480 SKYWAY CHICO. CA 95928 SITE CONTACT. GAILENE BIGART 919-217-7911 b Geil Engineering Engineering . Su -tying a Planning 1226 High Street Auburn, California 95603-5015 Phone: (530) 885.0426• Fax: (530) 823.1309 VERIZON WIRELESS Project No.Name: Chico Relo Project Site Location: 1450 Ski -ay Crim, CA 95928 Dale ofObre t1.n: 10-02-M Equipment/Procedure Used to Obtain Coordinates: Trimble Geo -XT pm pm—cl with Pamfnder Office sot—.. Type of Antc non Mount: Proposed Fra Standing Monopole NAD 83 Coordinates NAD 83 Coordinates Latitude: N 374241.91" Longitude: W 121°46'40.72' Latitude: N 374242.33" Longitude: W 121'4636.80" ELEVATION of Ground at Basc of StrucMc (NAVD88): 243' AMSL CERTIFICATION: 1, the undersigned, do hereby eenify elevatoo listed above is bated m o field survey done under my supervision and that the accuracy of those ekwtions meet or exceed 1-A Standards as defined in the FAA ASAC Information Shat 91:003, and that they ore me and aaomre to the beg of my knowledge and belief. Kenneth D. Geil California R.C.E. 14803 Date 14.0-1 APN 040-020-170 CHICO. CA 9 41 - PROJECT AREA HOT m VICINITY MAP BOUNDARY SHOWN IS BASED ON MONUMENTA71ON FOUND AND RECORD INFORMATION. THIS IS NOT A BOUNDARY SURVEY. THIS IS A SPECIALIZED TOPOGRAPHIC MAP WITH PROPERTY LINES AND EASEMENTS BONG A GRAPHIC DEPICTION BASED ON INFORMATION GATHERED FROM VARIOUS SOURCES OF RECORD AND AVAILABLE MONUMENTATION FOUND DURING THE FIELD SURVEY. PROPERTY LINES AND LINES OF TITLE WERE NOT INVESTIGATED NOR SURVEYED EXCEPT AS SHOWN ON THIS PLAN. NO PROPERTY MONUMENTS WERE SET. THIS DRAWING IS COPYRIGHTED AND IS THE SOLE PROPERTY OF GEIL ENGINEERING IT IS PRODUCED FOR USE BY VERIZON WIRELESS REPRODUCTION OR OTHER USE OF THIS DRAWING OR THE INFORMATION CONTAINED HEREIN WITHOUT THE WRITTEN PERMISSION OF GEIL ENGINEERING IS PROHIBITED. ALL RIGHTS RESERVED. 2006 FIDELITY NATIONAL TITLE COMPANY PRELIMINARY REPORT NO. 08-414097—KB DATED OCTOBER B. 2008 HAS.BEEN REVIEWED. NO EASEMENT LISTED IN SAID REPORT AFFECT THE PROJECT AREA AS SHOWN HEREON. M.N. 17.30' SCALE 1" = 50' \ E in f 1 I APN 040-0.20-170 ;E PROJECT AREA IA EASEMENT FOR INGRESS, EGRESS R UTILITY PURPOSES FLOOD CONT. ESMT. DESCRIBED IN LEGAL DESCRIPTION CONTAINED IN TITLE- PER ITLE PER 988/41 CE� \ \ •`\ REPORT, GRANT DEED REFERENCE NOT STATED. FFl a (E) OU \ ••� r — — — — — — — J S _— — — _ APPROX LOCATION (E) J -POLE S a e (E) TRAVELED WAY/— — — — I W/ TRANSFORM \ $cc E (P) 15.0' ACCESS R UTILITY ESML 0 0 0 i (E) 50.0 ACCESS R UTIL ESMT. 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O %�z zcwiFo 0 x�pzw3 WOWFUO O¢ ��o(na o� ��cO.��F���p U O�m a�� �� � bI^^�3 W d �n >>FF my J tv p O �•_CS O m C�.� Um Z A O ��xm ¢ xx �z O�� W�a� 1=i y �W J�W�pm �zoo'jo Zp�WW c�N OU O(0J0 U lal OW Ub �mp� 83' y cwaacgb K�'yaw=c+ Wx Z N1o�+ ?ppoFm--� ZO pN N cEJ65JEEE>r�E E E°Y.E�e O O HHF-1=n;F V1W C Oy12� WU Zp(p��(((,��m O mZZpZ U2 3 ppp OZpm -1a0 SE=t�S�00GW ¢/]i1 Uv'I SS6 QO 1?OgQNnlO¢�ed�09 i Td 3sl� x_Z 68 pm mO p W � ZZC�1 1x -OZ �O��O� �6 3 VEy_ m W O.O y4 d ^ ^^ WW m V O U Nr W W 1�HH� �:� C�Nh dVf tG l� tG Ci NYjOY'1 .0 f�CO 6i e - - - - - b 0 to BUTTE COUNTY DEC 18 2008 DEVELOPMENT SERVICES -SG060 Liquid Cooled Gas. Engine Generator Sets Standby Power Rating 60KW 60 Hz m ■ INNOVATIVE DESIGN & PROTOTYPE TESTING are key components of GENERAC'S success in "IMPROVING POWER BY DESIGN." But it doesn't stop there. Total commitment to component testing, reliability testing, environmental testing, destruction and life testing, plus testing to applicable CSA, NEMA, EGSA, and other standards, allows you to choose GENERAC POWER SYSTEMS with the confidence that these systems will provide superior performance. ■ TEST CRITERIA: ✓ PROTOTYPE TESTED ✓ SYSTEM TORSIONAL TESTED ✓ ELECTRO -MAGNETIC INTERFERENCE ✓ NEMA MGI EVALUATION ✓ MOTOR STARTING ABILITY ✓ SHORT CIRCUITTESTING ✓ UL 2200 COMPLIANCE AVAILABLE Power Matched Naturally Aspirated VERIZON WIRELESS MODELS NATURAL GAS 4816 - 120/240 -1 o Open 4817 -120/240 -10 Sound Encl. 4874 -120/208 - 30 Open 4875 -120/208 - 3o Sound Encl. - LP VAPOR 4931 - 120/240 -1 s Open 4932 - 120/240 -10 Sound Encl. 4935 - 120/208 - 3o Open 4936 - 120/208 - 30 Sound Encl. ■ SOLID-STATE, FREQUENCY'COMPENSATED DIGITAL VOLTAGE REGULATION. This state-of-the-art power maximizing regulation system is standard on all Generac models. It provides optimized FAST RESPONSE to changing load conditions and MAXIMUM MOTOR STARTING CAPABILITY by electronically torque -matching the surge loads to the engine. ■ SINGLE SOURCE SERVICE RESPONSE from Generac's dealer network provides parts and service know-how for the entire unit, from the engine to the smallest electronic component. You are never on your own when you owri a GENERAC POWER SYSTEM. ■ GENERAC TRANSFER SWITCHES, SWITCHGEAR AND ACCESSORIES. Long life and reliability is synonymous with GENERAC POWER.SYSTEMS. One reason for this confidence is that the GENERAC product line includes its own transfer systems, accessories, switchgear and controls for total system compatibility: G,ENERACO POWER SYSTEMS, INC. •BtTTE • APPLICATION COUNTY & ENGINEERING DATA DEC 18 M "v -.;,v i ,0PMENT SG 060 ' ,yY'.�Y1 v' Yr.xv u• GENERATOR SPECIFICATIONS TYPE................................................................ Four -pole, revolving field ROTOR INSULATION................................................................. Class H STATOR INSULATION................................................................ Class H TOTAL HARMONIC DISTORTION...................................................<3% TELEPHONE INTERFERENCE FACTOR (TIF)................................<50 ALTERNATOR ...........................................Self -ventilated and drip -proof BEARINGS (PRE-LUBED & SEALED).................................................1 COUPLING.............................................................. Direct, Flexible Disc LOAD CAPACITY (STANDBY) .......................................................100% LOAD CAPACITY (PRIME).............................................................110% NOTE: Generator rating and performance in accordance with ISO8528-5, BS5514, SAE J1349, ISO3046, and DIN6271 standards. VOLTAGE REGULATOR TYPE...................................:...........................................................................Full Digital SENSING...........................................................................................................3 Phase REGULATION....................................................................................................... ±1/4% FEATURES.......................................................................Built into H-100 Control Panel V/F Adjustable Adjustable Voltage and Gain GENERATOR FEATURES O Revolving field heavy duty generator 0 Operating temperature rise 120 "C above a 40 "C ambient 0 Insulation is Class H rated at 150 "C rise 0 All prototype models have passed three phase short circuit testing CONTROL PANEL FEATURES O TWO FOUR LINE LCD DISPLAYS READ: • Voltage (all phases) • Current (all phases) • Power factor • kW • WAR • Transfer switch status • Engine speed • Low fuel pressure • Run hours • Service reminders • Fault history • Oil pressure • Coolant temperature •Time and date • Low oil pressure shutdown • High coolant temperature shutdown • Overvoltage • Overspeed • Low coolant level • Low coolant level • Not in auto position (flashing light) • Exercise speed • ATS selection CRANKSHAFT................................................................... O INTERNAL FUNCTIONS: • IT function for alternator protection from line to neutral and line to line short circuits • Emergency stop • Programmable auto crank function • 2 wire start for any transfer switch • Communicates with the Generac HTS transfer switch • Built-in 7 day exerciser • Adjustable engine speed at exerciser • RS232 port for GenLink" control • RS485 port remote communication • Canbus addressable • Governor controller and voltage regulator are built into the master control board • Temperature range -40 "C to 70 °C ENGINE SPECIFICATIONS MAKE.................................................................................... GENERAC MODEL...............................................'......................................... 6.8GN CYLINDERS.....................................................................................V-10 Pusher DISPLACEMENT....................................................6.8 Liter (417 cu. in.) BORE.........................................................................90.2 mm (3.55 in.) STROKE...................................................................105.8 mm (4.17 in.) COMPRESSION RATIO.....................`.................,..............................9:1 INTAKE AIR.............................................................:.Naturally Aspirated NUMBER OF MAIN BEARINGS...........................................................6 CONNECTING RODS............................................10-Drop forged steel CYLINDER HEAD...................................................................Aluminum PISTONS........................................................................ Aluminum Alloy CRANKSHAFT................................................................... Forged Steel VALVE TRAIN CAM POLLOWER.......................................:............................ Hydraulic INTAKE VALVE MATERIAL..........................Copper Infiltrated Iron Base EXHAUST VALVE MATERIAL ..................... Copper Infiltrated Iron Base HARDENED VALVE SEATS ..................................................... Standard ENGINE GOVERNOR O ELECTRONIC...................................................................... Standard FREQUENCY REGULATION, NO-LOAD TO FULL LOAD .........0.5% STEADY STATE REGULATION...............................................±0.25% LUBRICATION SYSTEM TYPE OF OIL PUMP...................................................................Gerotor OIL FILTER .................................................. Full flow, Spin On Cartridge CRANKCASE CAPACITY............................................................ (6 qts.) COOLING SYS TYPE OF SYSTEM ...................................Pressurized, closed recovery WATER PUMP ..................................................... Pre-lubed, self-sealing TYPEOF FAN............................................................................. Pusher NUMBER OF FAN BLADES..................................................................6 DIAMETER OF FAN....................................................558.8 mm (22 in.) COOLANT HEATER..........................................................120V, 1500 W FUEL SYSTEM FUEL 0 Natural Gas or L.P. Vapor ................................................. Standard 0 L.P. Liquid Withdrawal........................................................ Optional CARBURETOR.......................................................................Down draft SECONDARY FUEL REGULATOR....... Nat. Gas or L.P. Vapor Systems. HOT WATER VAPORIZER ..................... L.P. Liquid Withdrawal Systems AUTOMATIC FUEL LOCKOFF SOLENOID .............................. Standard OPERATING FUEL PRESSURE VAPOR SYSTEMS ........7" to 14" H2O ELECTRICAL SYSTEM BATTERY CHARGE ALTERNATOR ............................. 18 Amps at 12 V STARTERMOTOR...........................................................................12 V RECOMMENDED BATTERY ............................(1) - 12 V, 700 CCA, 27F GROUND POLARITY................................................................Negative Rating definitions . Standby: Applicable for supplying emergency power for the duration of the utility power outage. No overload capability is available for this rating. (All ratings in accordance with BS5514, IS03046 and DIN6271). Prime (Unlimited Running Time): Applicable for supplying electric power in lieu of commercially purchased power. Prime power is the maximum power available at variable load. A 10% overload capacity is available for 1 hour in 12 hours. (All ratings in accordance with BS5514, IS03046, IS08528 and DIN6271). • BUTTE CftriTY DEC 18 20j8 SG060 DEVF'vnDn# ,__ OPERATING DATA • GENERACO POWER SYSTEMS, INC. Note: Values given are maximum temperatures to which power adjustments can be applied. Consult your Generac Power Systems representative if operating conditions exceed these maximums. STANDBY STANDBY SG060 SG060 GENERATOR OUTPUT VOLTAGE/KW-60Hz I Rated AMP LPG Rated AMP 120/240V, 1 -phase, 1.0 pf NOTE: Consult 60 250 60 250 120/208V, 3-phase, 0.8 pf - your Generac 60 208 60 208 dealer for additional , MOTOR STARTING KVA Maximum at 35% instantaneous voltage dip 240V 480V 240V 480V with standard alternator -60 Hz 110 146 110 146 FUEL Fuel consumption -60 Hz -100% Load NG LPG ft.3 hr. / gal. hr. 925 / NA 334/9.1 COOLING Coolant capacity System - lit. (US gal.) 23.7 (6.3) Engine - lit. (US gal.) 12.3 (3.3) Radiator - lit. (US gal.) 11.4 (3.0) , Coolant flow/min. 60 Hz - lit. (US gal.) 148 (39.2) Heat rejection to coolant BTU/hr. 218,000 Inlet air 60 Hz - m3/min.(cfm) 159 (5600) Max. operating air temp onto radiator` °F 140 Max. operating ambient temp' °F 120 Max. external pressure drop on radiator in. H2O 0.5 COMBUSTION AIR REQUIREMENTS Flow at rated power 60 Hz - m3/min.(cfm) 5.2(185) EXHAUST Faust flow at rated output 60 Hz—m31min.(cfm) 19 (679.5) . Max recommended back pressure Kpa(Hg) 10(2.9) Exhaust temp at rated output °C (°F) 565 (1050) Exhaust outlet size (2) mm (in.) 64(2.5) ENGINE Rated RPM 60 Hz 1800 HP at rated KW 60 Hi 107 Piston speed 60 Hz - m/sec. (ft./min.) 6.3(1250) BMEP 60 Hz - psi 113.1 DERATION FACTORS Temperature .5% for every 10°C above - °C 25 25 2.77% for every 10°F above - °F 104 104 Altitude 1.1 % for every 100 m above - m 1067 1067 3.5% for every 1000 ft. above - ft. 3500 3500 Note: Values given are maximum temperatures to which power adjustments can be applied. Consult your Generac Power Systems representative if operating conditions exceed these maximums. STANDARD ENGINE & SAFETY FEATURES ■ High Coolant Temperature Automatic Shutdown ■ Low Coolant Level Automatic Shutdown ■ Low Oil Pressure Automatic Shutdown ■ Overspeed Automatic Shutdown (Solid-state) ■ Crank Limiter (Solid-state) ■ Oil Drain Extension ■ Radiator Drain Extension ■ Factory -Installed Cool Flow Radiator ■ Closed Coolant Recovery System ■ UV/Ozone Resistant Hoses ■ Rubber -Booted Engine Electrical Connections ■ Secondary Fuel Filter ■ Fuel Shutdown Solenoid ■ Battery - 12 Volt 90 AH ■ Stainless Steel Flexible Exhaust Connection ■ Battery Charge Alternator ■ Battery Cables ■ Composite Battery Box ■ Vibration Isolation of Unit to Mounting Base ■ 12 Volt, Solenoid -Activated Starter Motor ■ Air Cleaner ■ Air Cleaner Service Indicator ■ Fan Guard (CSA Compliant) ■ CSA Guarding ■ Critical Grade Muffler (Shipped Loose With Open Unit) ■ High Temperature Exhaust Wrap ■ Alternator Tropicalization • Resists Moisture, Fungus and Abrasives • In Addition to Standard Class H Epoxy Impregnation Coating ■ Upsized Alternator For Increased Motor Starting ■ Propylene Glycol 50/50 Mix Antifreeze ■ Oil - I ■ Coolant Expansion and Recovery Tank ■ Extended Factory Test (2.5 Hr.) • Stepped Loads • Frame Temperature Test ■ Specification Sheet Does Not Reflect•Any Verizon Wireless Corporate Authorized Variances. SG060 ■ "H" Control Console — Digital Controller • Communication Software for Remote Access • Digital Reading AC Volts • Digital Reading AC Amps • Digital Frequency • Emergency Stop Button • Audible Alarm • Programmable Engine Control (See Bulletin #0172110SBY For Details) ■ 20 Light Annunciator Generator Alarms ■ 8 Form C Dry Contact Output Relays ■ 120 Volt Coolant Heater 1500 Watt with 3 Wire Connection Cord ■ Mainline Circuit Breaker • 200 Amp & 100 Amp — 120/240 Single Phase • 200 Amp & 50 Amp — 120/208 Three Phase ■ Flexible Fuel Lines ■ Fuel Pressure Loss Protection System ■ UL2200 Listed ■ Five Year Extended Warranty ■ Enclosure Options • Open Generator Set w/ Duct Adapter • Weather Protective Level III Sound Attenuated Enclosure w/ Enclosed Critical Grade Muffler and Flex Exhaust ■ 12V Dual -Rate 10 Amp Battery Charger With 120V 3 Wire Connection Cord Distributed by: BUTTE COUNTY 8 2098 r�. W m,i..f7IsMENT SERVICES Design and specifications subject to change without notice. Dimensions shown are approximate. Conten your Genomc dealer for certified drawings. DO NOT USE THESE DIMENSIONS FOR INSTALLATION PURPOSES. 2830 [111.42.1 j-1028 [40.471171 • �® 1� — 1520 C59.84'] 1812 1) 0 [71.34.3 O •O 11 L 1016 1[39.99'3 456 [17.9513 mm [In) REAR VIF71 GENERAC®POWER SYSTEMS, INC. • P.O. BOX B • WAUKESHA, WI 531 B7 262/544-4B1 1 • FAX 262/544-4651 Bulletin 0170550SBY / Printed in USA 09.04, rev: 07.06 0 2006 Generac Power Systems, Inc. All rights reserved. All specifications subject to change without notice. 0 COMPLETE Wireless Consulting, Inc. Number of Batteries = 24 Verizon Wireless Quantity in each unit: Electrolyte per cell gallons: 2.54 gallons . Lead per cell pounds: 168 pounds Total Volume for Batteries at Verizon Wireless Site: Total Electrolyte: 60.96 Gallons Total Lead: 4032 pounds BUTTE COUNTY DEC 8 2058 DEVELOP SERIICES NT Installation and Maintenance ' According to article 64 `-`Stationary Lead -Acid Battery Systems" from the 2001 California Fire Code 6404.1 General: Installation and maintenance is in accordance with nationally recognized standards. Section 9003, Standards a.2.10 and a.2.11, and Section 6404. 6404.2 Safety Venting: Every cell has a one-way valve for safety venting. 6404.3 Occupancy Separation: Not applicable (equipment shelter is unoccupied). 6404.4 Spill Control: Verizon Wireless installs non -spillable or valve regulated lead acid batteries that exceed 1997 UBC and /or 2000/2003 IBC Seismic Zone 4 specifications. (Non -spillable: The electrolyte is immobilized in either a gelled or in an absorbent separator; it is not free flow in the event of mechanical damage. Spill containment should not be required.) 6404.5 Neutralization: While the baiteries are "non -spillable", Verizon maintains a spill kit in every equipment shelter. 6404.6 Ventilation: Continuous ventilation is provided to meet or exceed one cubic foot per minute per square foot by the dual HVAC system. 6404.7 Signs: All Verizon shelters are marked with appropriate signs to identify lead -acid, energized electrical, and electrolyte solutions. 6404.8 Seismic Protection: Battery racks are seismically braced to meet IBC 2000 seismic Zone 4 requirements. 6404.9 Smoke Detection: A smoke detector is installed in each equipment shelter, and monitored by Verizon Wireless' Network Operations Center (NOC). —I—'`— If you have any additional questions please call. Thank You Satch Alexander 916-541-9109 www.completewireless.net 9300 Tech Center Drive, Suite 190 Sacramento, -CA 95826 (916) 914-2114 fax • Project Support Statement for Development Application for Verizon Wireless Site "Chico Relo" at 1480 Skyway, Chico APN: 040-020-171 BUTTE CCIU'vTY LAT: N390 42' 41.91"LONG: W1210 46' 40.72" DEC' 3 2020 Introduction DEVIELQrMEKT Presently, Verizon has a site located on the old KHSL AM radio tower in the southeast part of Chico. The radio towers are in the path of development and will be coming down as the landowner; New Urban Builders develops Merriam Park. The proposed tower will be a replacement for the site on the radio tower. Verizon proposes to install a 100 -foot monopole with 12 panel antennas (6 current and 6 future) and two microwave dishes at 1480 Skyway. A ground lease area will be located at the base of the tower and contain the associated radio equipment as well as a propane generator. Verizon Wireless is seeking to improve and continue communications service in the greater Butte County area and City of Chico. More specifically, Verizon would like to increase and maintain coverage to residences, travelers, and businesses in and around the Chico community. Verizon maintains a strong customer base in Butte County and strives to increase and improve coverage for both current and potential customers. This unmanned facility will provide service to the area residents and businesses 24 hours a day, 7 days a week. This site will also serve as a back up to the existing landline service in the area and will provide improved mobile communications, essential to modern day commerce and recreation. The proposed facility will be located at 1480 Skyway in Chico on a parcel zoned M-1 (Light Industrial). Coverage Area This site has been designed to enhance and maintain call coverage in the following areas: • Vehicle users, residents, and businesses throughout the southwest area of Chico • Travelers on Skyway Blvd • Residents and businesses in the surrounding area • PU77 , Alternative Locations Considered As part of Verizon's standard practice, the development team searched the surrounding area for potential locations, including any existing communications sites or existing tall structures for potential co -location opportunities. The development team assessed serveral PG&E tubular pole locations located in the throughout commerical and residential areas along Skyway. Unforunity the existing PG&E towers are located too close to Verizon Park Ave site and the proposed location needs to be further east. The proposed site was ultimately selected because it provided the best wireless coverage to better serve our customers and was located on in an industrial area. See map below of the alternative sites investigated. 1. PG&E Mini Storage: limited ground space available, location too close to Verizon's Park Ave site 2. PG&E Warehouse: limited ground space available, location too close to Verizon's Park Ave site 3. PG&E: no ground space available, location too close to Verizon's Park Ave Site 4. PG&E: zoned residential by City of Chico, property of the border of environmental wetlands. RF needs to be east of this location due to proximity to Verizon site Park Ave. 5. Body Shop -new monopole: To close in proximity to Verizon's Park Ave site. City of Chico has setback back requirements to residential zoned properties. 6. PG&E: Wireless facilities are not allowed in R-2 zones in City of Chico. Also this area has environmental restrictions, wetlands. 7. Golf Course -replace driving range pole: Golf course has separate operator and property owner. Property Owner uninterested in leasing area for facility. Facility would not meet fall zone setbacks. 1. ` Project Support Statement Chico Relo BUTTE* page 3 of 5 COUNTY Safety Benefits of Improved Wireless Service DEC 18 2008 DEVELOPMENT SERVICES Mobile phone use has become an extremely important system for public safety. Along roads and highways without public call boxes, mobile phones are often the only means for emergency roadside communication. Motorists with disabled vehicles (or worse) can use their phone to call in and request appropriate assistance. With good cellular coverage along important roadways, emergency response is just a phone call away. Furthermore, as a back up system to traditional landline phone service, mobile phones have proven to be extremely important during natural disasters and other catastrophes. Convenience Benefits of Improved Wireless Service Modern day life has become increasingly dependent on instant communications. Whether it is a parent calling their child, spouse calling a spouse, or general contractor ordering materials to the jobsite, wireless phone service is no longer just a convenience. It has become a way of life and a way of business. Application Requirements for Wireless Communication Towers 8) Documentation which identifies failure characteristics of the facility structure or tower and demonstrates that the site setbacks are adequate size to contain falling debris. The tower will be located in the northwest corner of the parcel in order to not interfere with the asphalt sealing company's operation. The tower will be located 35 -feet from the north property line and 40 -feet from the west property line. The tower will be engineered and built to all applicable county and state requirements. Butte County is currently in the process of amending the wireless ordinance to remove this requirement. 10) Written evidence demonstrating that the selected facility structure and tower design is as visually unobtrusive as possible, given technical and engineering considerations. This evidence shall indicate which type of facility is required to provide reasonably effective service and also the best technology and/or construction available to maximally achieve visual unobtrusiveness. The use of best available technology and/or construction to maximally achieve visual unobtrusiveness is mandatory. The proposed grey monopole is the most unobtrusive structure for the facility. Due to the industrial nature of the property and area, normal stealth designs such as, monopine, windmill, or water tank would only make the facility more visually obtrusive. Project Support Statement page 4 of 5 Chico Relo Compliance with FCC Standards This project will not interfere with any TV, radio, telephone, satellite, or any other signals. Any interference would be against the Federal Law and would be a violation Verizon's FCC License. Please see attached Verizon FCC Cellular License for the Butte County area. Power Density BUTTE Please see attached Power Density memo. C®UNTY DEQ; 8 2008 DEV + :�'MENT MAINTENANCE AND BACK-UP GENERATOR TESTING &L -VICES Verizon Wireless installs a standby generator and batteries at all of its cell sites. The generator and batteries serve a vital role in Verizon's emergency and disaster preparedness plan. In the event of a power outage, Verizon's communications equipment will first transition over to the back-up batteries. The batteries can run the site for a few hours depending upon the demand placed upon the equipment. Should the power outage extend beyond the capacity of the batteries, the back-up generator will automatically start and continue to run the site. This two state back-up plan is an extremely important component of every Verizon communications site. As one of the nation's largest wireless companies, Verizon is the mobile phone service of choice to many Federal, State, and Local public safety agencies. While many public safety agencies employ their own two-way radio systems for intra -agency communications, Verizon phones are often the link to other agencies and the outside world. Back-up batteries and generators allow Verizon's communications sites to continue providing valuable communications services in the event of a power outage, natural disaster or other emergency. . A technician will visit the site approximately twice a month to check the facility and perform any necessary maintenance. A standby generator will be installed at the site to ensure quality and consistent coverage in the event of a power outage or disaster. This generator will be run for 30 minutes per week for maintenance purposes, and during power outages and disasters. CONSTRUCTION SCHEDULE r The construction of the facility will be in compliance with all local rules and regulations. The typical duration is two months. The crew size will range from approximately 2 to 10 individuals. NOTICE OF ACTIONS AFFECTING THIS DEVELOPMENT PERMIT In accordance with California Government Code Section. 65945(a), Verizon Wireless requests notice of any proposal to adopt or amend the: general plan, specific plan, zoning ordinance, ordinance(s) affecting building or grading permits that would in any manner affect this development permit. Any such notice may be sent to 2009 V Street, Sacramento, CA 95818. Northeast Center of the California State University, Chico California Hist®ri� W BUTTE GLENN SIERRA SISKIYOU Building 25, Suite 204 LASSEN SUTTER Chico, California 95929-0377 �ResourcesM ODOC PLUMAS TEHAMA Phone (530) 898-6256 Information System SHASTA SHASTAneinfocntt@csuchico.edu TRINITY ( )530 Fax Request for Proiect Review Project Reference Number: MUP08-0003 Project Title/ Applicant Name: Complete Wireless Assessor's Parcel Number(s): 040-020-171 Acres/ Linear Miles: 2.5 -acres (1,200 square foot lease area) Street Address: South side of the Skyway, near the Skyway/Honey Run Road/Longest Drive intersection, east of the City of Chico. Project Description: The applicant (Verizon Wireless) is proposing to construct a 100 -foot monopole cellular tower. The tower will replace facilities that are currently located on a radio tower, approximately 1.6 -mile north, which is being removed. Twelve panel antennas are proposed to be centered at the 96 -foot level. Additionally, two microwave dishes are proposed to be centered at the 83 -foot level. The facilities are proposed to be located within a 1,200 square foot lease area that is situated in the northwest corner of the parcel. SIZE: 2.5 -acres (1,200 square foot lease area) Project Location: The site is located on the south side of the Skyway, near the Skyway/Honey Run Road/Longest Drive intersection, east of the City of Chico. Township: Range: USGS 7.5' Topographic Quadrangle Map(s): Section(s) Please enclose a copy of the relevant portion of the USGS 7.5' quadrangle map (1:1) with the project area clearly and accurately outlined Contact Person/Planner: Chris Tolley Contact Phone Number: (530) 538-7603 BUTTE C(,1i I iN`Y'Y Agreement For Butte County Archaeological Resources Project Review By DE.0 The Northeast Information Center (NEIC) ICES The The California Environmental Quality Act (CEQA) is the California State statute that requires the Butte County Department of Development Services to perform an environmental review on all discretionary land use projects, to identify the significant environmental impacts of the project and to avoid or mitigate those impacts, if feasible. Every development project which requires a discretionary governmental approval will require at least some environmental review pursuant to CEQA, unless an exemption applies. The environmental review required imposes both procedural and substantive requirements. At a minimum, an initial review of the project and its environmental effects must be conducted. Depending upon the potential effects, a farther and more substantial review may be conducted in the form of an environmental impact report (EIR). A project may not be approved if feasible alternatives or mitigation measures cannot substantially lessen the significant environmental effects of the project. At the state ;eve], CEQA requires that public agencies consider the effects of their actions on historical resources eligible for listing on the California Register of Historical Resources. "Historical resource" refers to buildings, structures, sites (prehistoric and historic), objects, districts, and all manner of properties containing material remains of past human life or activity. The Department of Development Services utilizes the Northeast Information Center (NEIC) of the California Historical Resources Information System (CHRIS) to identify projects that may have archaeological significance. The CHRIS is a statewide system for managing information on the full range of historical resources identified in California. This system is under the authority and direction of the Office of Historic Preservation (OHP), the State Historic Preservation Officer (SHPO), and the State Historical Resources Commission (SHRC). The Northeast Center of the CHRIS system, located at California State University, Chico, manages the historical resource records for 11 counties, including Butte County. The Northeast Information Center will furnish a Record Search to Development Services indicating the archaeological/historical significance and sensitivity of the applicant's project area and additionally providing a recommendation as to whether further archaeological survey is warranted. If further archaeological survey is required, the application would be considered incomplete until the appropriate archaeological survey is completed and reviewed. The Department of Development Services will forward applicant's payment (by check) of $75.00 and relevant project application information required for the Records Search to NEIC. NEIC will provide the results of the Records Search to Development Services. Development Services will notify the applicant if further archaeological survey is warranted. The $75.00 fee does not cover the cost of further archaeological survey work. If further archaeological survey work is required, Development Services will work with the applicant to see that it is accomplished, according to set standards, by a qualified archaeologist. The applicant shall bear all costs associated with further archaeological survey work required to continue processing of the planning project application. THIS FORM MUST BE ACCOMPANIED BY A COPY OF A 7.5' TOPO MAP, WITH THE PROJECT AREA OUTLINED. THIS IS USED DURING THE REVIEW TO RESEARCH CULTURAL SITES. The undersigned applicant for the project as identified below has read and understood the Butte County Archaeological Resources Project Review process and agrees to fund the required Record Search to be provided by NEIC. Attached is a check for $75.00 made payable to the Northeast Information Center for NEIC to perform the Records Search. Failure of payment to NEIC for this Records Search would result in the planning project application to be considered incomplete until payment o` the $75.00 Records Search fee alon with any related fees associated with non-payment (returned check charges, etc.) paid in full to NEIC. I Z-� o Ap rc t Signature Date �1e�r� V��celess C/o Applicant PRINTED Name Check Number Planner, File Number Revised 12/05/06 K:\Planning\FORMS\Applications\ProjectlnfoForrn_Agent_NEIC.doc _ o Zyh ,lo tt OF OF A � � � � Project Site F7 • 0000 00 00000000 5=-)N �+ - P _"a 0 iN fi goad t3T hY Ir 1! 000+11 It 0004 0 `z �`' !■ it 000011 L �! Q Q-4-1 l - .� T f' �` :a'J; f ^» ��b"t�`r" ; 1 M Q t1 . � 3 x'17) fJJ S De # A riculture «f - a� )pit+ .) / ' t r� cii� a' lPlant IN " duc#ron-'GarIIden+ _ ; �� rte .f,. rt[. .. _ /fl f '4jcf'•.`'lie Cu` 4, �.. ., ,,�, !1- � f( .�i O /� rf l� r !� rx�}a�}u�kt�ir�� ��53 a .��.• Pet O O / _ ���A�� t �� � fi // � �\� �/' /'�, ; ��[ J' ��?;�t.� •'I' ate' j`' y Y 1 USGS 7.5' Quad: Chico M U P08-0003 WE Portion of Section 5, T21 N, Verizon Wireless S R2E, MDB&M 1 inch =1,000 =eet 0 • Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds www.butteaeneralplan.net ADMINISTRATION * BUILDING * PLANNING December 29, 2008 To: County Departments and Other Agencies Subject: Evaluation and Completeness of Application Applicant: Complete Wireless, NW08-0003 Planner: Chris Tolley APN: 040-020-171 Project Description and PROJECT DESCRIPTION & LOCATION: The applicant (Verizon Wireless) is proposing to Location: construct a 100 -foot monopole cellular tower. The tower will replace facilities that are currently located on a radio tower, approximately 1.6 -mile north, which is being removed. Twelve panel antennas are proposed to be centered at the 96 -foot level. Additionally, two microwave dishes are proposed to be centered at the 83 -foot level. The facilities are proposed to be located within a 1,200 square foot lease area that is situated in the northwest corner of the parcel. The site is located on the south side of the Skyway, near the Skyway/Honey Run Road/Longest Drive intersection, east of the City of Chico. SIZE: 2.5 -acres (1,200 square foot lease area) 30 -Day Complete 1/17/09 Date of IDR 1/07/09 This application is being provided to you for comments on the completeness of the application, to recommend initial conditions of approval, and/or to provide information/mitigations to be included in the environmental review document. These would include any special studies you may require. An Inter -Departmental Review (IDR) meeting will be held on 1/07/09. This meeting is open to any agency with jurisdiction or permitting approval of the project. Please provide comments prior to, or at the meeting. We request that all correspondences be provided electronically in a Word document format All project information submitted with the application is available via our department website, www_buttecountv.net/dds. Instructions on how to obtain those documents are detailed on page 3 of this correspondence. Do you find this application complete? ❑ NO. What is needed to make the application complete? ❑ YES. My Department's conditions and/or mitigation measures are attached or will be provided at the IDR meeting. (PLEASE SEND YOUR RESPONSE TO: Chris Tolley at ctollev@a,buttecounty.net , or by mail to the address listed above. Signature: Department: Date: Page 1 of 1 • • Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds www.buttegeneralplan.net ADMINISTRATION * BUILDING * PLANNING December 29, 2008 To: County Departments and Other Agencies Subject: Evaluation and Completeness of Application Applicant: Complete Wireless,.MUP08-0003 Planner: Chris Tolley APN: 040-020-171 Project Description PROJECT DESCRIPTION & LOCATION: The applicant (Verizon and Location: Wireless) is proposing to construct a 100 -foot monopole cellular tower. The tower will replace facilities that are currently located on a radio tower, approximately 1.6 -mile north, which is being removed. Twelve panel antennas are proposed to be centered at the 96 -foot level. Additionally, two microwave dishes are proposed to be centered at the 83 -foot level. The facilities are proposed to be located within a 1,200 square foot lease area that is situated in the northwest corner of the parcel. The site is located on the south side of the Skyway, near the Skyway/Honey Run Road/Longest Drive intersection, east of the City of Chico. SIZE: 2.5 -acres (1,200 square foot lease area) 30 -Day Complete 1/17/09 Date of IDR 1/07/09 This application is being provided to you for comments on the completeness of the application, to recommend initial conditions of approval, and/or to provide information/mitigations to be included in the environmental review document. These would include any special studies you may require. An Inter - Departmental Review (IDR) meeting will be held on 1/07/09. This meeting is open to any agency with jurisdiction or permitting approval of the project. Please provide comments prior to, or at the meeting. We request that all correspondences be provided electronically in a Word document format. All project information submitted with the application is available via our department website, www.buttecggnty.net/dds. Instructions on how to obtain those documents are detailed on page 3 of this correspondence. Do you find this application complete? ❑ NO. What is needed to make the application complete? Pagel of 3 ❑ YES. My Department's conditions and/or mitigation measures are attached or will be provided at the IDR meeting. (PLEASE SEND YOUR RESPONSE TO: Chris Tolley, or by mail to the address listed above. Signature: Department: Comment Distribution List ❑ Airport Commission: ❑ Army Corps of Engineers ® Agricultural Commissioner ® Assessor ❑ AT&T ❑ BCAG ❑ Board of Supervisors ❑ Building Division ❑ Butte County Air Quality Management ❑ BCAG ® Cal-Fire/Butte County ❑ CA State Board of Reclamation ❑ CA Regional Water Quality Control Board ❑ Caltrans District 3 ❑ CA Dept. of Fish & Game, Region 2 ❑ CA Dept. of Highway Patrol ❑ CA Dept. of HCD ❑ California Water Service Company ❑ CAO ® City of Chico ❑ Comcast ❑ County Counsel ❑ CSA/CSD: ❑ Department of Fish and Game ❑ Department of Water Resources ❑ Dept. of Conservation - ❑ Drainage District: ® Environmental Health ❑ Farm Bureau Date: ❑ Fire District: ❑ Irrigation District: ® LAFCO ❑ LOAPUD ❑ Mosquito Abatement & Vector Control ❑ NEIC - California State University Chico ❑ NOAA Fisheries ❑ Pacific Gas & Electric ❑ Park/Recreation District: ❑ Planning Commission ® Public Works ❑ Reclamation District No: ❑ Resource'Conservation District ❑ School District ❑ SC -OR ❑ Sewer District: ❑ South Feather Water & Power Agency ❑ State Clearinghouse ❑ Thennalito Irrigation District ❑ U.S. Fish & Wildlife Service ❑ U.S. Forest Service ❑ Water and Resource Conservation ❑ Water District ❑ Other: ❑ Other: ❑ Other: ❑ Other: ❑ Other: Page 2 of 3 FILE NO: MUP08-0003 APN: 040-020-171, APPLICANT: Complete Wireless PROJECT DESCRIPTION & LOCATION: PROJECT DESCRIPTION & LOCATION: The applicant (Verizon Wireless) is proposing to construct a 100 -foot monopole cellular tower. The tower will replace facilities that are currently located on a radio tower, approximately 1.6 -mile north, which is being removed. Twelve panel antennas are proposed to be centered at the 96 -foot level. Additionally, two microwave dishes are proposed to be centered at the 83 -foot level. The facilities are proposed to be located.within a 1,200 square foot lease area that is situated in the northwest corner of the parcel. The site is located on the south side of the Skyway, near the Skyway/Honey Run Road/Longest Drive intersection, east of the City of Chico. SIZE: 2.5 -acres (1,200 square foot lease area) EXISTING ZONING: M-1 (Light Industrial) GENERAL PLAN DESIGNATION: I (Industrial) ASSIGNED PLANNER: Chris Tolley Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-2140 Facsimile irww.buffecounty.net/dds www.buttegeneralplan.net Accessing Project Information On-line 1. Go to the department website, www.buttecounty.net/dds, then: 2. Click.on the Planning Projects Status, which is located on the left side of the webpage, towards the bottom of the page; 3. In the `Search for:' field, enter the project number. Then click on the `Search' button. Examples of project numbers are: TPM08-0002 or REZ08-0001; 4. The project application documents are'located under the `Project Attachments' heading, located towardls the bottom of the webpage. If you have any questions or difficulties in accessing project documents, please contact the project planner listed on page 1. Page 3 of 3 RESOLUTION - A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING USE PERMIT' 09-0008 WHEREAS, the Planning Commission has considered Use Permit UP09-0008 for Verizon Wireless, Jn accordance with Chapter 24, Section 451; Use Permits, of the Butte County Code on Assessor's Parcel Number 040-020-171; and WHEREAS, the Planning Commission has considered an Initial Study and Negative Declaration in accordance with the California Environmental Quality Act; and WHEREAS, said Use Permit was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a duly noticed public hearing was held on October 22, 2009; and WHEREAS, the Planning Commission has considered public comments and a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: I. Adopts a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified that no significant environmental effects would result with the application of mitigation measures recommended in the initial study. B. The Planning Commission has considered the Mitigated Negative Declaration, together with comments received during the review process.. C. On the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, there is no substantial evidence that the Use Permit for Verizon Wireless, Planning Division File No. Use Permit 09-0008, would have a significant effect on the environment. D. The Mitigated Negative Declaration reflects the independent judgment and analysis of the County, which is the Lead Agency. E. The custodian of the record is the Department of Development Services. The location of;the record is 7 County Center Drive, Oroville CA 95965. II. Finds that the collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project; unless the project proponent provides verification from the California Department of Fish and Game that the project is exempt from the fee requirement. If a required fee is not paid for a project, the project will not be operative, vested or final and any local permits. issued for the project will be invalid (Section 711.4 (c) (3)). ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ October 22, 2009 ■ Verizon Wireless UP09-0008 Agenda Report ■ Page 9 of 19 ■ III. Makes the following Use Permit findings: A. The proposed location, size, design, and operating characteristics of the proposed use are in accordance with the purpose of Butte County Code, the purpose of the zone in which the site is located, the Butte County General Plan, and the development policies and standards of the County because: 1. The Industrial land use designation allows public utilities as Secondary Uses. 2. Butte County Code Section 24-262 (d) allows new towers to be located within the M-1 zone with modified setbacks subject to the issuance of a Use Permit. 3. Wireless telephone services are regulated by the California Public Utilities Commission and are considered to be a public use consistent with the M-1 (Light Industrial) zone and the Industrial General Plan land use designation. 4. The proposed use will comply with each of the applicable provisions of Butte County Code Chapter 24, Section 262. Conditions of approval have been applied to this project pursuant to the applicable requirements of Section 24-262 (Wireless Communication Facilities). B. The proposed uses of the property will not impair the integrity and character of the zone in which the land lies and that the use would not be unreasonably incompatible with, or injurious to, surrounding properties or detrimental to the health and general welfare of the persons residing or working in the neighborhood or to the general health, welfare and safety of the county, because: 1. Conditions of approval have been applied to this project pursuant to the applicable requirements of Section 24-262 (Wireless Communication Facilities) and 24-45 (Use Permits). 2. Following initial study of the project pursuant to CEQA, several mitigation measures have been recommended to reduce environmental consequences of the project to a less than significant level. C. The project meets the criteria set out in Butte County Code Section 24- 262(g) .(3) for setback modifications for new wireless communication facilities, because: 1. The subject parcel is located within a Non -Residential Zone District (A-15 through A-160, C-1, C-2, C -C, H -C, N -C L -I, M-1, M-2). The subject parcel is located within an M-1 Zone District, a Non -Residential Zone District ■ Butte County PLANNING COMMISSION AGENDA REPORT'■ ■ October 22, 2009 ■ Verizon Wireless UP09-0008 Agenda Report ■ Page 10 of 19 ■ 2. The subject. parcel is located more than 1,000 feet from any existing . Residential use. The subject parcel is located approximately 1575 ft from the closest residence. 3. The subject parcel adheres to the following criteria: a. Setback distances for the facility cannot. be less than setbacks for primary structures in the applicable zone district. Setback distancesfor the M-1 zone district are not required, except where the property abuts residentially zoned property. The subject parcel abuts properties zoned M-1 and P -Q, . which are not residential zones. b. The facility is not located within an area designated within a scenic overlay designation. The property is designated Industrial; the site is not designated with a scenic overlay. C. The facility is not located within 500 feet of any building or feature located on a local or state historic or cultural significance list. The site is highly disturbed. The project was properly distributed to the Northeast Center of the California Historical Resource Information System which did not comment. The project is not located within 500 ft of any building or feature potentially of cultural or historic significance. d. The facility is not incompatible or inconsistent with an adopted airport land use plan, nor would interfere with agricultural aircraft operations. The project is not located within the vicinity of any airports or airstrips. e. The facility does not create a hazardous condition to the general. health, safety, and welfare. The project has been conditioned to include mitigation measures and conditions of approval to reduce hazardous conditions to a less than significant level, including a requirement for a Hazardous Material Release Response Plan to be submitted to Butte County Environmental Health as required by Chapter 6.95 of the California Health & Safety Code prior to the issuance of a building permit. f. Modifications of setback standards would not interfere with other standards or requirements addressed within this code. Modified: setbacks standards have not been determined to conflict or interfere with other code sections. IV. Approves Use Permit 09-0008 for Verizon Wireless, subject to the findings and conditions in Exhibit "A". ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ October 22, 2009 ■ Verizon Wireless UP09-0008 Agenda Report ■ Page 11 of 19 ■ DULY PASSED AND ADOPTED this 22nd day of October, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: FERNANDO MARIN, Chair Planning Commission County of Butte, State of California ATTEST: TIM SNELLINGS Planning Commission Secretary County of Butte, State of California ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ October 22, 2009 ■ Verizon Wireless UP09-0008 Agenda Report ■ Page 12, of 19 ■ EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP09-0008 PERMIT NO. 040-020-171 ASSESSOR'S PARCEL NO. Pursuant to -the provisions of the Zoning Ordinance of the County of Butte and the special conditions set, forth below: Diversified Wireless is hereby granted a Use Permit in accordance with application filed consisting of: A 100 -foot monopole painted gray and related facilities on a 1,200 square foot lease area with setbacks (from the monopole to parcel boundaries) approximately 14' to the north, 273' to the east, 2 16 ' to the south, and 41' to the west. Ancillary facilities and other related components of the project include the following: Twelve panel antennas are proposed to be centered at the 96 -foot level. Two microwave dishes are proposed to be centered at the 83 -foot level. A 499 gallon propane tank on a 50 s.f. concrete foundation A propane generator and 240 s.f. equipment shelter on a 780 s.f. concrete foundation. Circulation and utility connections will be achieved from an existing 50' access and utility easement within Longest Drive to a proposed 15' access and utility easement from Longest Drive to the lease area and then to an additional 6' utility easement proposed along the south boundary of the lease area to an existing power pole and transformer just west of the subject parcel. An underground trench for telecom and power will follow the utility easement The only lighting proposed will be a motion sensor controlled light on the equipment shelter. No lights of any type (i.e., red obstruction lights or strobe lights) are proposed to be placed on the monopole. 1. 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 Zoning Ordinance, including Butte County Code Sec. 24-45. 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 2 years of the delivery of the countersigned permit to the Permittee. ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ 0 October 22, 2009 ■ Verizon Wireless UP09-0008 Agenda Report ■ Page 13 of 19 ■ 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works 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. Conditions of Approval: Planning Division 1. All fees due for the processing of this use permit shall be paid prior to the issuance of a building permit. 2. The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. Said site plan is on file in the Planning Division, is identified as "Attachment E", and is incorporated herein by this reference. 3. Antennas, microwave dishes and mounting hardware shall be painted to match the neutral color of the proposed communications tower. 4. A landscape plan, approved by the Director of Development Services, shall be submitted prior to issuance of building permits. The landscape plan shall show a tea screen to help break up views from the Skyway and the Genetic R'e'search Center. They chosen 1. vegetation s 5. T e s allation o e a lity s all comply it h a applicable building and electrical codes. The Facility operator shall submit certification from a registered structural engineer to the Building Division that all associated towers in excess of thirty (30) feet in height will withstand sustained winds as required by the California Building Code. 6. No advertising or display shall be permitted on the Facility, except as required by state and/or federal regulation. 7. There shall be no outdoor vehicle or equipment storage except for emergency purposes. 8. The Facility shall fall within current standards and regulations of the Federal Aviation Administration (FAA), the FCC, and any other State and/or Federal agency with the authority to regulate such Facility. If such standards and regulations are changed, the property owner or responsible party shall bring the Facility into compliance with such revised standards and regulations within ninety (90) days of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling agency. ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ October 22, 2009 ■ Verizon Wireless UP09-0008 Agenda Report ■ Page 14 of 19 ■ 9. The Facility or combination of the Facilities on the site shall not generate, at any time, electromagnetic frequency radiation (EMF) or radio frequency radiation (RF) in excess of the FCC adopted standards for human exposure, as amended over time. 10. If it is found that the Facility is or will be detrimental to the health, safety, or welfare of persons working or residing near such facility, then the service provider(s) and property owner shall be jointly and solely responsible for the removal, adjustment, or replacement of the Facility. In no case shall the Facility remain in operation if it is found to create a hazard to health, safety, and welfare. The Facility shall not be found to create a hazard to health, safety, or welfare as a result of EMF or RF emissions from the Facility so long as it meets all current standards established by the FCC, pursuant to FCC Office of Engineering and Technology Bulletin 65. 11. Prior to issuance of the first building permit, the applicant shall post a performance security in an amount and form determined by the Director of Development Services 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. If the Facility's emissions are determined to exceed FCC standards, the applicant is required to pay for such other tests and other corrective measures as are necessary to establish compliance with FCC OET 65 and its successors and such noncompliance shall constitute sufficient grounds to commence a permit revocation hearing which may lead to permit revocation. The applicant shall cooperate in all respects with the County's consultant to assist the consultant to reach his/her conclusion. 12. All Facilities that are not in continual use for a period of six (6) months shall be considered abandoned. Abandoned Facilities are hereby designated as unlawful and as public nuisances, requiring no amortization period. 13. The Facility may not encroach into, under, over, above, or upon any public street in the unincorporated area of the County in the absence of a valid encroachment permit from the County. 14. The owner/operator of the Facility shall annually submit a written verification, attested to under penalty of perjury, signed by both the owner/operator and an FCC licensee in the employ of or retained by the owner/operator, that the radio frequency radiation/electromagnetic frequency (RF/EMF) emitted by the facility conforms to safety standards set forth in FCC OET 65. The reports prepared for the Facility shall conform to reporting requirements set by the FCC and the County. The reports shall be submitted to the Planning Division no later than January 31 of each year. 15. The Facility shall be secured at all times to prevent access by the public. 16. The collocation of the antennas allowed by this Use Permit requires the issuance of a building permit from the Butte County Building Division and will require conformance with Butte County Code section 24-262 and all applicable building and electrical codes. The Building Division, based upon engineered calculations submitted by the applicant, may determine that the tower cannot physically support the requested number of antennas. If that is the case, the number of new antennas allowed on the tower may be less than the number of antennas permitted by this Use Permit. 17. All fees due on the processing of this use permit shall be paid prior to the issuance of a building permit. ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ October 22, 2009 ■ Verizon Wireless UP09-0008 Agenda Report ■ Page 15 of 19 ■ 18. Mitigation Measure # 1: To avoid creating substantial glare, the tower shall be constructed of, or treated with, a flat finish material with a low light reflectivity value. Prior to issuance of a building permit, the applicant shall submit sample color chips to the Planning Division for review and approval. Any painted surfaces are to be maintained during the life of this proj ect. 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. Prior to issuance of a building permit, the applicant shall submit sample color chips to the Planning Division for review and approval. Building inspectors shall spot check and shall ensure compliance on-site. 19. Mitigation Measure # 2: All exterior 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 lights 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. 20. Mitigation Measure #3: 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 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. ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ October 22, 2009 ■ Verizon Wireless UP09-0008 Agenda Report ■ Page 16 of 19 ■ 21. Mitigation Measure #4: Perform the following mitigations concerning area raptors (American kestrel, red-tailed hawk, black -shouldered kite, and Swainson's hawk), and their nests: a If development of the proposed improvements occur during the breeding season (February through September), pre -construction surveys shall be conducted by a qualified biologist to determine if nesting/breeding activities are occurring. Any portion of the subject property that lies within 500 feet of an active nest shall be surrounded by an orange fence during construction activities. Any construction activities planned for areas that are within 500 feet of any active nest shall be delayed until after the young have been fledged. The survey shall take place prior to any development activities. The survey and all findings shall be provided to the Department of Development Services The Department of Development Services shall ensure that compliance with any limitations on construction activities in the vicinity of any identified nests. The survey shall be conducted by a qualified biologist no more than 30 -days prior to the onset of construction activities. b If no active nests are identified during the pre -construction survey or if construction activities are proposed to occur during the non -breeding season (October through January), no further mitigation shall be required c Place a note on a building and site development plans that states: "Prior to any development activity during raptor breeding season (February through September) a raptor survey prepared by a qualified biologist shall be required." Plan Requirements: Preconstruction raptor surveys shall be accomplished 30 -days prior to construction during the breeding season. Any identified nests shall be marked and identified with a 500 -foot no -disturbance buffert until young have fledged. Timing: This mitigation shall take place prior to all subdivision development activities. Monitoring: The Department of Development Services shall monitor compliance with this mitigation and shall receive all pre -construction survey information prior to construction activities. This mitigation measure applies only once if the whole project site is graded at one time. Otherwise, incremental grading of the project site will require a separate raptor survey for each portion of the project site graded separately 22. Mitigation Measure #5: A landscape plan, approved by the Director of Development Services, shall be submitted prior to issuance of building permits. All vegetation selected must be non- invasive so as to avoid introducing invasive non-native plants into the Butte Creek Diversion Channel. Drought -resistant and/or native plantings are strongly encouraged. Plan Requirements: Landscape plans may not include invasive plant choices. . Timing: This mitigation shall be fulfilled prior to the issuance of building permits. Monitoring: Development Services will review plant selection with assistance from the Agricultural Commissioner's office as needed. 23. Mitigation Measure # 6: 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 ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ October 22, 2009 ■ Verizon Wireless UP09-0008 Agenda Report ■ Page 17 of 19 ■ 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 hr-JOIYifi�� 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. 24. Mitigation Measure # 7: Prior to submitting any development applications or engaging in any development activities, the applicant or his/her successors, heirs, assigns shall obtain all necessary permits/certifications from the Regional Water Quality Control Board (RWQCB) regarding National Pollutant Discharge Elimination System (NPDES) regulations and shall show evidence of compliance with the RWQCB regulations prior to on-site grading activities or other soil disturbance activities. Plan Requirements: The approved Storm Water Pollution Prevention Plan (SWPPP) shall be attached to all building and site development plans_ Timing: The requirements of the approved Storm Water Pollution Prevention Plan shall be adhered to at all times. Monitoring: The applicant or his or her successors, heirs, assigns are responsible for ensuring compliance with the SWPPptef Wa4e-- Pollution Prevention Plan. The California Regional Water Quality Gentfel Bear- RWQCB and the Butte County Public Works Department shall respond to any storm water runoff problems. Environmental Health Division 25. Prior to issuance of a building permit, provide a completed Hazardous Materials Release Response Plan to Butte County Environmental Health as required by Chapter 6.95 of the California Health & Safety Code. Public Works — Land Development Division 26. Prior to establishing use, establish 100 year flood plain elevations and the lowest floor elevations for any structures, in accordance with Butte County Code §26-22. Show on the additional map sheet the elevations (by contours) and the location of an accepted NGVD29 (National Geodetic Vertical Datum of 1929) benchmark and a temporary benchmark on-site. Pacific Gas and Electric 27. Any relocation or rearrangement of any existing PG&E facilities in the area to accommodate this project will be at the expense of the developer. 28. There shall be no building of structures, or the storage of materials allowed over or under any existing PG&E facilities, or inside any easements that exist which would infringe on PG&E easement rights. County Counsel ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ October 22, 2009 ■ Verizon Wireless UP09-0008 Agenda Report ■ Page 18 of 19 ■ If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. I hereby declare under penalty of perjury that I have read the foregoing conditions, which they are in fact the conditions which were imposed upon the granting of this 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- Assessors Office . ■ Butte County PLANNING COMMISSION AGENDA REPORT ■ ■ October 22, 2009 ■ Verizon Wireless UP09-0008 Agenda Report ■ Page 19 of 19 ■ Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds www.buttegeneralplan.net ADMINISTRATION * BUILDING * PLANNING January 7, 2009 Verizon Wireless C/o Jillian Faria, Complete Wireless 2009 V Street Sacramento, CA 95818 Re: Application Incomplete - MUP08-0003 (APN 040-020-171) Dear Jillian Faria: Thank you for the submittal of the above referenced application. The project application and related items have been reviewed by county agencies in order to determine if the application is complete and contains the information necessary to process the request. Your application has been deemed incomplete at this time due to the following: I Tower setback requirement required by Butte County Code Section 24-262: The project application has been deemed incomplete, due to non-conformance with the required tower setback (equal to the height of the tower). The status of the application will change, once processing of the Zoning Code Amendment (ZCA08-0002) has been finished (assuming that the code amendment is approved and favorable towards this application). We do not need nor require any additional information at this point in time. If you have any questions about the status of your application or ZCA08-0002, please feel free to contact me at the email address or phone number provided below. 41�q The following item is provided as information (not a "completeness" issue): This Division received comments from the City of Chico, which are attached. The 6th comment states: "Consider relocating the project site to be a minimum of 25 feet from the top of bank to allow room for a future creekside greenway." Butte County Code does not require that you comply with this request; however, you may wish to voluntarily move the tower location as a courtesy to the City of Chico. I suggest that you contact* the City of Chico if you have specific questions. Specifically, you should contact Greg Redeker, Associate Planner, at gredeker@ci.chico.ca.us or (530) 879-6810. Some comments from Greg Redeker, Associate Planner: "We require a minimum 25 foot setback from top of bank for all construction adjacent to most creeks going through town (CMC 19.60.030 - attached). The intent is to allow for a vegetative buffer adjacent to the creek and to not preclude future construction of a creekside bicycle/pedestrian path. The opening up of creeks for both open space and alternative transportation purposes is mentioned several times in Chico's General Plan. In this case, a path along the east side of the creek would be helpful tying in to the bicycle path along Potter Road, north of Skyway, assuming that a Skyway over or undercrossing could be managed. There is no set schedule for path construction within greenways, since many of them are dependent on opportunity purchases of land to complete a link through an area. What we're really trying to avoid is a situation like we have with some creeks in our downtown area, where it's impossible to construct a path due to the proximity of structures to the creeks." The application will be considered complete after the ZCA08-0002 has been finished (assuming that the code amendment is approved and favorable towards this application). We will continue to process your project to the extent possible. For your information, an example of conditions typically required of new cellular towers is included with this letter. This list does not include any mitigation measures, and might be modified, before the project is heard before the Planning Commission. If you have any additional questions, please contact me at ctolley@buttecoLm net or (530) 538- 7603. Since Chri olley Associate Planner • C� CITY OF CHICO MEMORANDUM CITYorCHICO . INC.1872 TO: Chris Tolley, Butte County Planning DATE: January 7, 2009 FROM: Greg Redeker, Associate Planner FILE: A -BC -07 SUBJECT: Request for comments: MUP08-0003 (Verizon Wireless) - APN 040-020-171 Thank you for requesting comments from the City of Chico regarding this project. The City of Chico Planning Services Department requests that Butte County consider the following recommendations when evaluating the use permit request: The pole and all associated equipment should be painted a flat neutral color, most likely tan or beige to blend in with the foothills. Lighting and candy -stripe paint should be avoided unless required to comply with FAA regulations. 2. Antennas should be mounted as closely as possible to the pole to reduce the visual weight of the antenna array. Verify that the RF emission levels of the antennas comply with applicable federal standards. 4. Verify that the emissions from the future microwave dishes will not unduly affect the development potential of nearby properties within their line -of -sight. Confirm that the dishes need to be the requested size, or request that smaller dishes be installed. 5. Confirm that future collocations on this tower will be ministerial, in compliance with SB 1627. 6. Consider relocating the project site to be a minimum of 25 feet from the top of bank to allow room for a future creekside greenway. 7. Please note that this site and other adjacent properties (including the driving range and golf course) are being evaluated as a potential growth area as part of the City of Chico General Plan update. If you have any questions, please contact me at (530) 879-6810 or gredeker@ci.chico.ca.us. cc: PP Wolfe PP Vieg CADocuments and Settings\ctolley\Local Settingffemporary Intemet Files\OLK5CWUP08-0003 comments.doc 0 • Example Conditions Planning Division: 1. The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. Said site plan is on file in the Planning Division, is identified as "Attachment _" and date-stamped , and is incorporated herein by this reference. 2. The Facility must meet or fall within current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), the County, and any other agency of the Federal or State government with the authority to regulate such Facilities. 3. The installation of the Facility shall comply with all applicable building and electrical codes. The Facility operator shall submit certification from a registered structural engineer to the Building Division that all associated monopoles and towers in excess of thirty (30) feet in height will withstand sustained winds as required by the Uniform Building Code. 4. No advertising or display shall be permitted on the Facility. 5. The placement of any antenna or structure shall not adversely affect any on-site sewage disposal system or its repair area without written approval from the Division of Environmental Health. 6. The installation of the Facility shall not violate any existing deed restrictions. 7. The Facility shall have a twelve (12) foot wide all-weather access to a publicly maintained road capable of supporting a forty thousand (40,000) pound fire apparatus with fifteen (15) feet of vertical clearance. 8. There shall be no outdoor vehicle or equipment storage except for emergency purposes. 9. The Facility shall fall within current standards and regulations of the FAA, the FCC, and any other State and/or Federal agency with the authority to regulate such Facility. If such standards and regulations are changed, the property owner or responsible party shall bring the Facility into compliance with such revised standards and regulations within ninety (90) days of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling agency. 10. The Facility or combination of the Facilities on the site shall not generate, at any time, electromagnetic frequency radiation (EMF) or radio frequency radiation (RF) in excess of the FCC adopted standards for human exposure, as amended over time. 11. If it is found that the Facility is or will be detrimental to the health, safety, or welfare of persons working or residing near such facility, then the service provider(s) and property owner shall be jointly and solely responsible for the removal, adjustment, or replacement of the Facility. In no case shall the Facility remain in operation if it is found to create a hazard to health, safety, and welfare. The Facility shall not be found to create a hazard to health, safety, or welfare as a result of EMF or RF emissions from the Facility so long as it meets all current standards established by the FCC, pursuant to FCC QET 65. 12. Prior to issuance of the Use Permit, the applicant shall post a performance security in an amount and form determined by the Director of Development Services 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. If the Facility's emissions are determined to exceed FCC standards, the applicant is required to pay for such other tests and other corrective measures as are necessary to establish compliance with FCC OET 65 and its successors and such noncompliance shall constitute sufficient grounds to commence a permit revocation hearing which may lead to permit revocation. The applicant shall cooperate in all respects with the County's consultant to assist the consultant to reach his/her conclusion. 13. All Facilities that are not in continual use for a period of six (6) months shall be considered abandoned. Abandoned Facilities are hereby designated as unlawful and as public nuisances, requiring no amortization period. 14. Prior to issuance of a building permit for the Facility, the applicant shall obtain a detailed estimate from an appropriate building industry business or contractor for the removal of the Facility, including the proper disposal of all removed materials and the return of site to its original condition. a) A copy of the estimate shall be submitted to the Building Division for review and approval prior to issuance of building permits. b) Prior to issuance of the building permit for the installation of the Facility, the applicant shall post a performance security in an amount and form determined by the Director of Development Services that is sufficient to cover the cost of removal of the Facility, proper disposal of all removed materials, and return of the site to its original condition in the event that such Facility is abandoned, or if the permit has been terminated for violation of its conditions by the County after hearing, or has expired, and after notice has been given to the owner/operator by the County, no application for renewal has been filed. c) If the Director of Development Services determines that the Facility is abandoned, the applicant may be required to remove all equipment belonging to the applicant from the premises and return the site to its original condition within thirty (30) calendar days of receipt of notice to abate. If such Facility is not removed and the site returned to its original condition within thirty (30) days, the County may remove the Facility at the applicant's and/or land owner's joint and several expenses. 15. All ground level support Facilities shall be painted and/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. 16. The Facility may not encroach into, under, over, above, or upon any public street in the unincorporated area of the County in the absence of a valid encroachment permit from the County. 17. The owner/operator of the Facility shall annually submit a written verification, attested to under penalty of perjury, signed by both the owner/operator and an FCC licensee in the employ of or retained by the owner/operator, that the radio frequency 0 • radiation/electromagnetic frequency (RF/EMF) emitted by the facility conforms to safety standards set forth in FCC OET 65. The reports prepared for the Facility shall conform to reporting requirements set by the FCC and the County. The reports shall be submitted to the Planning Division no later than January 31 of each year. 18. The Facility shall be secured at all times to prevent access by the public. 19. All facilities and related equipment, including lighting, fences, shields, cabinets, and poles, shall be maintained in good repair, free from trash, debris, litter and graffiti and other forms of vandalism, and any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. Pacific Gas and Electric Company 20. Any relocation or rearrangement of any existing PG&E facilities in the area to accommodate this project will be at the expense of the developer. 21. There shall be no building of structures, or the storage of materials allowed over or under any existing PG&E facilities, or inside any easements that exist. Public Works Department 22. Prior to the issuance of building permits, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall specify how drainage waters shall be detained on site and or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. Environmental Health Division 23. Prior to issuance of a building permit, submit a completed Hazardous Material Response Plan to Butte County Environmental Health Division as required by Chapter 6.95 of the California Health and Safety Code. Butte County Fire Department/CDF 24. Construction, installation or development of structures or facilities on the parcel shall comply with the latest California Fire Safe Regulations (Public Resources Code 4290) and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 25. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 26. Provide an all weather access of at least 10 -foot wide and with a vertical clearance of 15 feet that will accommodate a 40,000 pound fire apparatus to all structures. County Counsel 27. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before .the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. • 46 Page 1 of 2 Tolley, Chris From: Jillian Faria Ufaria@completewi re less. net] Sent: Monday, December 29, 2008 12:08 PM To: Tolley, Chris Subject: Re: MUP08-0003 (APN 040-020-171)... additional questions Chris, The.proposed project is a replacement site for Verizon. The current site is located on the old KHSL radio tower, which will be coming down as Merriam Park is developed. I did not mention other towers for collocation in my alternative site analysis as no other towers are located in the area. I apologize for not making this clear. This site is for both coverage and capacity. Since the site will be for capacity and improving mostly in -building coverage providing coverage maps to support this is difficult. Coverage maps are good and showing when coverage in an area is needed, and are not good at showing capacity. Therefore providing maps for alternative heights would not show a difference. The proposed 100 -foot monopole will replace the, current Verizon site in which Verizon's antennas are located at 250 -feet. So the 100 -foot monopole is already reducing the height as much as possible. I am not sure if this site will serve another carriers needs. Every carrier has different coverage needs. Normally Verizon builds facilities to support up to 3 carriers. That will be the case for this tower as well. We can engineer the tower for more carriers if requested. Tower engineering is not produced until after planning approval. Verizon does not want to spend the money on tower engineering if the site is not going to get approved, and also during the planning process many things can change (the number of future carriers, design, height, etc). Once planning approval is recieved the tower engineering ordered and will be submitted with the building permit application. Please let me know if you have any other questions. Thank you Jillian Faria Project Manager Complete Wireless Consulting 2009 V Street Sacramento, CA 95818 phone 916-217-7513 fax 916-290-0477 ----- Original Message ----- From: Tolley, Chris To: Jillian Faria Sent: Monday, December 22, 2008 5:22 PM Subject: MUP08-0003 (APN 040-020-171)... additional questions Afternoon Jillian: I am the Planner assigned to process this project. There are a couple elements of the application that are unclear, or need additional explanation (I also may have missed the information). Collocations are preferable to constructing new towers, and the information you provided about alternative sites should identify whether other towers were considered or are feasible to collocate. This information will be necessary for the Planning Commission to consider the proposed tower. Again, please excuse me if I missed. this information. The code section listed below provides for an additional element of the application regarding the physical 1/5/2009 ' •� ..• - Page 2 of 2 presence of the tower. This is mainly related to the tower's proposed height of 100 -feet. You should provide some justification about the proposed height and size (i.e. propagation map for multiple heights). 24-262(e)(9). Written evidence demonstrating that the selected facility structure or tower. design is as visually, unobtrusive as possible, given technical and engineering considerations, which indicate what type of facility is required to provide reasonably effective service and also the best technology and/or construction available to maximallv achieve visual unobtrusiveness. The use of best available technology and/or construction to maximally achieve visual unobtrusiveness is mandatory. Finally, we will need to analyze build -out of the tower. Are there any service providers that are likely to locate on the tower? How many providers are likely to locate on the tower (what is feasible)? You are welcome to ask any questions, or point out where I might find the information in the application packet. Thanks and happy holidays! -Chris Christopher I Tolley Associate Planner Butte County Planning Division Direct (530) 538-7603 Fax (530) 538-7785 www. buttecounty. net/dds 1/5/2009 Butte County Department of. Development Services 'TIM SNELLINGS, DIRECTOR l PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION" BUILDING " PLANNING October 23, 2009 Mark Lobaugh Verizon Wireless 2009 V. Street Sacramento, CA 95818 Re: USE PERMIT UP09-0008, APN: 040-020-171 (Chico Relo) Dear Mr. Lobaugh: At.the regular meeting of the Butte County Planning Commission held October 22, 2009, your request for a Use Permit for a 100' telecommunications monopole on property zoned M-1, Light Industrial and located at 1480 Skyway, was approved subject to the conditions listed on the Agenda Report. Should you desire to appeal any of -the conditions imposed by the Planning Commission, you must do so in writing, prior to 5:00 p.m., Monday, November 2, 2009 to the: Clerk of the Board of Supervisors 25 County Center Drive Oroville, California 95965 The appeal fee of $450.00 must be paid at that time. If you do not appeal, and if there are no other appeals within the 10 calendar -day appeal period, the action of the Planning Commission is final. Payment of all applicable fees will be required as a condition of approval for your project. Prompt payment of invoiced amounts will expedite the approval process in satisfying this condition. Pursuant to Section 66020 (d) (2) of the Government Code you are hereby notified that you have 90 days to register a protest challenging any fees, dedications, reservations, or exactions imposed as conditions of approval for this project. Should you have any questions regarding this matter, please contact me at 538-6573 between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Stacey Jo li fe Principal Planner cc:: Denny McKinney, Complete Asphalt Sealing, 1480 Skyway, Chico, CA 95928 Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * PLANNING October 23, 2009 Mark Lobaugh Verizon Wireless 2009 V. Street Sacramento, CA 95818 Re: USE PERMIT UP09-0008, APN: 040-020-171 (Chico Relo) Dear Mr. Lobaugh: At the regular meeting of the Butte County Planning Commission held October 22, 2009, your request for a Use Permit for a 100' telecommunications monopole on property zoned M-1, Light Industrial and located at 1480 Skyway, was approved subject to the conditions listed on the Agenda Report. Should you desire to appeal any of the conditions imposed by the Planning Commission, you must do so in writing, prior to 5:00 p.m., Monday, November 2, 2009 to the: Clerk of the Board of Supervisors 25 County Center Drive Oroville, California 95965 The appeal fee of $450.00 must be paid at that time. If you do not appeal, and if there are no other appeals within the 10 calendar -day appeal period, the action of the Planning Commission is final. Payment of all applicable fees will be required as a condition of approval for your project. Prompt payment of invoiced amounts will expedite the approval process in satisfying this condition. Pursuant to Section 66020 (d) (2) of the Government Code you are hereby notified that you have 90 days to register a protest challenging any fees, dedications, reservations, or exactions imposed as conditions of approval for this project. ` Should you have any questions regarding this matter, please contact me at 538-6573 between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Stacey Jo li fe Principal Planner cc: Denny McKinney, Complete Asphalt Sealing, 1480 Skyway, Chico, CA 95928 Page 1 of 2 Jolliffe, Stacey From: DeBrunner, Deborah Sent: Friday, October 09, 2009 6:15 AM To: Jolliffe, Stacey Subject: FW: MUP08-0003 Converted to UP09-0008 Fiscal Status Attachments: UP09-0008 Fiscal Status 100609.xls Here is the info on UP09-0008 Defiowfi DeJ`3vuutft Administrative Analyst; Sr. Butte County Development Services (530) 538-7464 . From: DeBrunner, Deborah Sent: Wednesday, October 07, 2009 11:05 AM To: Thistlethwaite, Charles Subject: MUP08-0003 Converted to UP09-0008 Fiscal Status Chuck, attached is a spreadsheet detailing current fiscal status as of entries in TimeSlips as of this date. Please note that this spreadsheet is attached in the G?Projects/UP to Verizon UP09-0008. Side note: applicant is referred to as r complete wireless",'y'cl project is filed alpha by Verizon — this is why I would like film _� ber ... As of last TimeSlips entries we are de :t $149.3 $74.39 for planning services, $74.94'for publishing overage). I don't know how mu ore time should/will be charged to project. Please let me know if there is any other information I can supply. DJOWA De53wrtrten Administrative Analyst, Sr. 10/9/2009 Gen PI Tech -LD EH Fire - Ag $ 100.00 266.70 $ 203.00 73.20 Gen PI Tech LD EH Fire Ag $ 20.13 $ 30.97 $ 119.84 MUP08-0003 UP09-0008 Complete Wireless (Filed as Verizon) . Date Receipt TOTAL PD Planning Publishing CR F&G 12/18/2008 P1305 $ 3,148.10 $ 2,297.80 $ 157.40 $ 50.00 CHARGES $ 2,521.61 Balance MUP $ (223.81) Applied to UP Date Receipt TOTAL PD Planning Publishing CR F&G 8/28/2009 B001324 $ 3,148.10 $ 3,097.00 $ 9/9/2009 P149 $ 2,112.84 $1,993.00 $ 5,260.94 CHARGES $ 3,179.92 $ 2,947.58 $ 232.34 $ 223.81 $ 223.81 $ 3,403.73 $ 3,171.39 $ 232.3T- $ (74.39) $ (74.94) $(149.33) $1,993.00 i r ) `� lot, Fowler, Steve From: Keiser, Mary [MKeiser@buttecounty.net]. Sent: Monday, December 29, 2008 8:35 AM To: Banner, Brad; Betts, Steve; Breedon, Dan; Castanon, Yvette; Charlotte Walters; Fogel, Doug; Fowler, Steve; Gail Williams; Jolliffe, Stacey; Kirk, Maureen; Loker, Sally; Lucas, Steve; Mannel, Kevin; Damon, Matt; Nelson, Carl; Parker, Kathy; Read, Darren; Reimers Ken; Schroth, Eric; Severin, Vance; Thistlethwaite, Charles Cc: Tolley, Chris; Bonham, Tina Subject: New Reviews Have Been Added for Project MUP08-0003 J Attachments: project distribution coversheet MUP08-0003.doc IN project distribution covershee... Good Morning, MUP08-0003 has been scheduled for IDR.on January 7, 2009. Please review the following document, which is also attached to this email. The document is also attached in Trakit. Please respond to Chris Tolley at ctolley@buttecounty.net with your comments. A hard copy of the map will be sent via courier or mail. The following reviews for Project TSM08-0006 have been added: Ag Commissioner Assessor Mapping CalFire Environmental Health Fire Marshall LAFCO Land Development Pro Planning Support Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds www.buttegeneralplan.net ADMINISTRATION * BUILDING * PLANNING December 29, 2008 To: County Departments and Other Agencies Subject: Applicant:' Evaluation and Completeness of Application Complete Wireless, MUP08-0003 Planner: Chris Tolley APN: 040-020-171 Project Description and Location: PROJECT DESCRIPTION & LOCATION: The applicant (Verizon Wireless) is proposing.to construct a 100 -foot monopole cellular,- tower. ellular;tower. The tower will replace facilities that are currently located on a radio tower, approximately 1.6 -mile north, which is being removed. Twelve panel antennas are proposed' 1 to be centered at the 96-foolevel. Additionally, twomicro• a dishes are proposed tc be centered at the 83 -foot level. The facilities are proposed to be located within a 1,20C square foot lease area that is situated in the northwest corner of the parcel. The site is located on the south side of the Skyway, near the Skyway/Honey Run Road/Longest Drive intersection, east of the City of Chico. SIZE: 2.5 -acres (1,200 square foot lease area) 30 -Day Complete 1/17/09 Date of IDR 1/07/09 This application is being provided to you for comments on the completeness of the application, to recommend initial conditions of approval, and/or to provide information/mitigations to be included in the environmental review document. These would include any special studies you may require. An Inter -Departmental Review (IDR) meeting- will eetingwill be held on 1/07/09. This meeting is open to any agency with jurisdiction or permitting approval of the project. Please provide comments prior to, or at the meeting. We request that all correspondences be provided electronically in a Word document format. All project information submitted with the application is available via our department website, www.buttecounty.net/dds. Instructions on how to obtain those documents are detailed on page 3 of this correspondence. Do you find this application complete? NO. What is needed to make the application complete? Pided Department's conditions and/or mitigation measures at the IDR meeting. l) 5 (PLEASE SEND YOUR RESPONSE TO: Chris address listed above. Signature: Date: Comment Distribution List 0 Airport Commission: 0 Army Corps of Engineers 1 Agricultural Commissioner 1 Assessor 0 AT&T. 0 BCAG 0 Board of Supervisors 0 Building Division 0 Butte County Air Quality Management 0 BCAG 1 Cal-Fire/Butte County 0 CA State Board of Reclamation attached or will be k Tolley at ctolley@buttecounty.net, or by mail to the Department:_F/ /e 0 CA Regional Water Quality Control Board 0 Caltrans District 3 0 CA.Dept. of Fish & Game, 2 Region 10 CA Dept. of Highway Patrol 0 CA Dept. of HCD 0 California Water Service Company 0 CAO 1 City of Chico 0 Comcast 0 County Counsel 0 CSA/CSD: 0 Department of Fish and Game 0 Department of Water Resources 0 Dept. of Conservation - 0 1 Environmental Health 0 Farm Bureau 0 Fire District: 0 Irrigation District: 1 LAFCO 0 LOAPUD 0 Mosquito Abatement & Vector Control 0 NEIC - California State University Chico Park/Recreation District: 0 1 Public Works Drainage District: 0 NOAA Fisheries 0 Pacific Gas & Electric 0 Planning Commission 0 Reclamation District No: 0 Resource Conservation District 0 School District: 0 SC -OR 0 Sewer District: 0 South Feather Water & Power Agency 0 State Clearinghouse 0 Thermalito Irrigation District 0 U.S. Fish & Wildlife Service 0 U.S. Forest Service 0 Water and Resource Conservation 0 Water District 0 Other: 0 Other: 0 Other: 0 Other: 0 Other: FILE NO: MUP08-0003 APN: 040-020-171, APPLICANT: Complete Wireless PROJECT DESCRIPTION & LOCATION: PROJECT DESCRIPTION & LOCATION: The applicant (Verizor_ Wireless) is proposing to construct a 100 -foot monopole cellular tower. The tower will replace facilities that are currently located on a radio tower, approximately 1.6 -mile north, which is being removed. Twelve panel antennas are proposed to be centered at the 96 -foot level. Additionally, two microwave dishes are proposed to be centered at the 83 - foot level. The facilities are proposed to be located within a 1,200 square foot lease area that is situated in the northwest corner of the parcel. The site is located on the south side of the Skyway, near the Skyway/Honey Run Road/Longest Drive intersection, east of the City of Chico. SIZE: 2.5 -acres (1,200 square foot lease area) EXISTING ZONING: M-1 (Light Industrial) GENERAL PLAN DESIGNATION: I (Industrial) ASSIGNED PLANNER: Chris Tolley Butte County Department of Development Services TIM SNELLINGS, DIRECTOR PETE CALARCO,. ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-2140 Facsimile www.buttecounty.net/dds www.buttegeneralplan.net 3 Accessing Project Information On-line 1. Go to the department website, www.buttecounty.net/dds, then: 2. Click on the Planning Projects Status, which is located on the left side of the webpage, towards the bottom of the page; 3. In the 'Search for:' field, enter the project number. Then click on the 'Search' button. Examples of project numbers are: TPM08-0002 or REZ08-0001; 4. The project application documents are located under the 'Project Attachments' heading, located towards the bottom of the webpage. If you have any questions or difficulties in accessing project documents, please contact the project planner listed on page 1. 4 Page 1 of 1 Tolley, Chris From: Fogel, Doug Sent: Wednesday, January 07, 2009 12:50 PM To: Tolley, Chris Subject: FW: MUP08-0003 (IDR) Here you are per our conversation. , From: Thao, Paul Sent: Tuesday, January 06, 2009 5:00 PM To: Walters, Charlotte; Fogel, Doug Subject: MUP08-0003 (IDR) Charlotte/Doug, the cell tower meets our septic setback, the only condition to be met is,a Hazardous Material Inspection Report, which needs to be submitted 30days prior to completion. Enviommental Health Specialist Butte County Public Health Ph. 530.538.5320 FAX 530.538.5339 vathao(ta buttecountv.net 1/7/2009 i Tolley, Chris From:, Greg Redeker [GREDEKER@ci.chico.ca>us] Sent: Monday, January 05, 2009.5:15 PM To: Tolley, Chris Cc: Brendan Vieg; Mark Wolfe Subject: Comments on MUP08-0003 (Verizon Wireless) Attachments: MUP0870003 comments.doc MUP08-0003 mments.doc (34 KB Chris, Here are the City of Chico's comments on this project. Please let me know if you have any questions or need any clarification. Thanks, Greg Greg Redeker Associate Planner City of Chico Planning Services gredeker@ci.chico.ca.us (530) 879-6810 M' 1 _ n CITY OF CHICO MEMORANDUM TO: Chris Tolley, Butte County Planning DATE: January 6, 2009 FROM: Greg Redeker, Associate Planner FILE: A -BC -07 SUBJECT: Request for comments: WP08-0003 (Verizon Wireless) - APN 040-020-171 Thank you for requesting comments from the City of Chico regarding this project. The City of Chico Planning Services Department requests that Butte County consider the following recommendations when evaluating the use permit request: The pole and all associated equipment should be painted a flat neutral color, most likely tan or beige to blend in with the foothills.. Lighting and candy -stripe paint should be avoided unless required to comply with FAA regulations. 2. Antennas should be mounted as closely as possible to the pole to reduce the visual weight of the antenna array. Verify that the RF emission levels of the antennas comply with applicable federal standards. 4. Verify that the emissions from the future microwave dishes will not unduly affect the development potential of nearby properties within their line -of -sight. Confirm that the dishes need to be the requested size, or request that smaller dishes be installed. Confirm that future collocations on this tower will be ministerial, in compliance with SB 1627. 6. Consider relocating the project site to be a minimum of 25 feet from the top of bank to allow room for a future creekside greenway. 7. Please note that this site and other adjacent properties (including the driving range and golf course) are being evaluated as a potential growth area as part of the City of Chico General Plan update. If you have*any questions, please contact me at (530) 879-6810 or aedeker@ci.chico.ca.us. cc: PP Wolfe PP Vieg CADocuments and Settings\ctolley\Local Settings\Temporary Internet Files\OLK5CWIUP08-0003 comments (2).doc Tolley, Chris From:. Damon, Matt [Matt.Damon@fire.ca.gov] Sent: Monday, December 29, 2008 10:01 AM To: Tolley, Chris Subject: FW: New Reviews Have Been Added for Project MUP08-0003 Attachments: project distribution coversheet MUP08-0003.doc project distribution covershee... Hey Chris, No Fire Department comments on this project. Matt Damon Fire Captain - Deputy Fire Marshal Fire Protection Planning Officer CAL FIRE / Butte County Fire 176 Nelson Avenue Oroville, CA 95966 530-538-6837 ext. 166 Office 530-990-5817 Cell 530-538-2105 Fax 01 V CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. -=---Original Message----- From: Keiser, Mary [mailto:MKeiser@buttecounty.net] Sent: Monday, December 29, 2008 8:35 AM To: Banner, -Brad; Betts, Steve;. Breedon, Dan; Castanon, Yvette; Charlotte Walters; Fogel, Doug; Fowler, Steve; Gail Williams; Jolliffe, Stacey; Kirk, Maureen; Loker, Sally; Lucas, Steve; Mannel, Kevin; Damon, Matt; Nelson, Carl; Parker, Kathy; Read, Darren; Reimers, Ken; Schroth, Eric; Severin, Vance; Thistlethwaite; Charles Cc: Tolley, Chris; Bonham, Tina Subject: New Reviews Have Been Added for Project MUP08-0003 Good Morning, MUP08-0003 has been scheduled for IDR on January 7, 2009. Please review the following document, which is also attached to this email. The document is also attached in Trakit. Please respond to Chris Tolley at ctolley@buttecounty.r_et with your comments. A hard copy of the map will be sent via courier or mail. The following reviews for Project TSM08-0006 have been added: - Ag Commissioner Assessor Mapping CalFire Environmental Health Fire Marshall LAFCO Land Development Pro Planning Support `B T611ey, Chris From: Schroth, Eric I Sent: Tuesday, December 30, 2008 3:06 PM To: Tolley, Chris Subject: MUP08-0003 Attachments: MUP08-0003 c.doc; MUP08-0003.doc MUP08-0003 c.doc MUP08-0003.doc (153 KB) (38 KB) -----Original Message ----- From: Keiser, Mary Sent: Monday, December 29, 2008 8:35 AM To: Banner, Brad; Betts, Steve; Breedon, Dan; Castanon, Yvette; Charlotte Walters; Fogel, Doug; Fowler, Steve;.Gail Williams; Jolliffe, Stacey; Kirk, Maureen; Loker, Sally; Lucas, Steve; Mannel, Kevin; matt damon; Nelson, Carl; Parker, Kathy; Read, Darren; Reimers, Ken; Schroth, Eric; Severin, Vance; Thistlethwaite, Charles Cc: Tolley; Chris; Bonham, Tina Subject: New Reviews Have Been Added for Project MUP08-0003 Good Morning, MUP08-0003 has been scheduled for IDR on January 7, 2009. Please review the following document, which is also attached to this email. The document is also attached in Trakit. Please respond to Chris Tolley at ctolley@buttecounty:net with your comments. A hard copy of the map will be sent via courier or mail. The following reviews for Project TSM08-0006 have been added: Ag Commissioner Assessor Mapping CalFire Environmental Health Fire Marshall LAFCO Land Development Pro Planning Support Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTAN DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds www.buttegeneralplan.net ADMINISTRATION * BUILDING * PLANNING December 29, 2008 L` Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds www.buttepeneralplan.net ADMINISTRATION * BUILDING * PLANNING January 5, 2009 To: County Departments and Other Agencies Subject: Evaluation and Completeness of Application Applicant: Complete Wireless, MUP08-0003 Planner: Chris Tolley APN: 040-020-171 Project Description PROJECT DESCRIPTION & LOCATION: The applicant (Verizon and Location: Wireless) is proposing to construct a 100 -foot monopole cellular tower. The tower will replace facilities that are currently located on a radio tower, approximately 1.6 -mile north, which is being removed. Twelve panel antennas are proposed to be centered at the 96 -foot level. Additionally, two microwave dishes are proposed to be centered at the 83 -foot level. The facilities are proposed to be located within a 1,200 square foot lease area that is situated in the northwest corner of the parcel. The site is located on the south side of the Skyway, near the Skyway/Honey Run Road/Longest Drive intersection, east of the City of Chico. SIZE: 2.5 -acres (1,200 square foot lease area) 30 -Day Complete 1/17/09 Date of IDR 1/07/09 This application is being provided to you for comments on the completeness of the application, to recommend initial conditions of approval, and/or to provide information/mitigations to be included in the environmental review document. These would include any special studies you may require. An Inter - Departmental Review (IDR) meeting will be held on 1/07/09. This meeting is open to any agency with jurisdiction or permitting approval of the project. Please provide comments prior to, or at the meeting. We request that all correspondences be provided electronically in a Word document format. All project information submitted with the application . is available via our department website, www.buttecouniy.net/dds. Instructions on how to obtain those documents are detailed on page 3 of this correspondence. Do you find this application complete? ❑ NO. What is needed to make the application complete? Page 1 of 3 GO ®. YES. My Department's conditions and/or mitigation measures are attached or will be provided at the IDR meeting. (PLEASE SEND YOUR RESPONSE TO: Chris Tolley, or by mail to the address listed above. Signature: E. Schroth Department: PW Date: 12/30/08 Comment Distribution List ❑' Airport Commission: ❑ Army Corps of Engineers ® Agricultural Commissioner ® Assessor ❑ AT&T ❑ BCAG ❑ Board of Supervisors ❑ Building Division ❑ Butte County Air Quality Management ❑ BCAG ® Cal-Fire/Butte County ❑ CA State Board of Reclamation ❑ CA Regional Water Quality Control Board ❑ Caltrans District 3 ❑ CA Dept. of Fish & Game, Region 2 ❑ CA Dept. of Highway Patrol ❑ CA Dept. of HCD ❑ California Water Service Company ❑ CAO ® City of Chico ❑ Comcast ❑ County Counsel ❑ CSA/CSD: ❑ Department of Fish and Game ❑ Department of Water Resources ❑ Dept. of Conservation - ❑ Drainage District: ® Environmental Health ❑ Farm Bureau ❑ Fire District: ❑ Irrigation District: ® LAFCO ❑ LOAPUD ❑ Mosquito Abatement & Vector Control ❑ NEIC - California State University Chico ❑ NOAA Fisheries ❑ Pacific Gas & Electric ❑ Park/Recreation District: ❑ Planning Commission ® Public Works ❑ Reclamation District No: ❑ Resource Conservation District ❑ School District: ❑ SC -OR ❑ Sewer District: •❑ South Feather Water & Power Agency ❑ State Clearinghouse ❑ Thermalito Irrigation District ❑ U.S. Fish & Wildlife Service ❑ U.S. Forest Service ❑ Water and Resource Conservation ❑ Water District ❑ Other: ❑ Other: ❑ Other: ❑ Other: ❑ Other: Page 2 of 3 FILE NO: MUP08-0003 APN: 040-020-1,71," APPLICANT: Complete Wireless PROJECT DESCRIPTION & LOCATION: PROJECT DESCRIPTION& LOCATION: The applicant (Verizon Wireless) is proposing to construct a 100 -foot monopole cellular tower. The tower will replace facilities that are currently located on a radio tower, approximately 1.6 -mile north, which is being removed. Twelve panel antennas are proposed to be centered at the 96 -foot level. Additionally, two microwave dishes are proposed to be centered at the 83 -foot level. The facilities are proposed to be located within a 1,200 square foot lease area that is situated in the northwest corner of the parcel. The site is located on the south side of the Skyway, near the Skyway/Honey Run Road/Longest Drive intersection, east of the City of Chico. SIZE: 2.5 -acres (1,200 square foot lease area) EXISTING ZONING: M-1 (Light Industrial) GENERAL PLAN DESIGNATION: I (Industrial) ASSIGNED PLANNER: Chris Tolley Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-2140 Facsimile www.buttecounty.net/dds www.buttegeneralplan.net Accessing Project Information On-line 1. Go to the department website, www.buttecounty.net/dds, then: 2. Click on the Planning Projects Status, which is located on the left side of the webpage, towards the bottom of the page; 3. In the `Search for:' field, enter the project number. Then click on the `Search' button. Examples of project numbers are: TPM08-0002 or REZ08-0001; 4. The project application documents are located under the `Project Attachments' heading, located towards the bottom of the webpage. If you have any questions or difficulties in accessing project documents, please contact the project planner listed on page 1. Page 3 of 3 Im • • BUTTE COUNTY ' STANDARD CONDITIONS FOR USE PERMIT APPLICANT: DATE: 12/30/08 AGENT: APN: 040-020-171 FILE #: MUP08-0003 PLANNER: TOLLEY PROJECT DESCRIPTION: Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS: A. STREETS ❑ 1. 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. ❑ 2. Prior to establishing use, deed to Butte County in fee simple I feet of right-of-way from the centerline of I along the entire property frontage. The right-of-way shall be sufficient for the installation of county improvement standard S-5 at all street intersections. ❑ 3. Prior to establishing use, submit road and drainage improvement plans to the Land Development Division for the installation and construction of street frontage improvements on I . Improve parcel frontage to a 'h+ 12' / full street section on I to an RSJ county improvement standard including, but not limited to curb, gutter and sidewalk for parcels with gross acreage of one acre or less. Construct or provide a performance bond and labor and material bond for the construction of the required improvements prior to establishing use. ❑ 4. Prior to establishing use, relinquish abutter's rights of access to Butte County along the j frontage of parcels 11 except at approved access points. B. DRAINAGE ❑ I. Prior to establishing use, a plan for a permanent solution for drainage shall be submitted to and approved by the Department of Public Works. The drainage plans shall detail 'existing drainage conditions and shall specify how drainage waters shall be detained or retained onsite and/ or conveyed to the nearest natural or publicly maintained drainage channel or facility and shall provide that there shall be no increase in the peak flow runoff to said channel or facility. ® 2. Prior to establishing use, establish 100 year flood plain elevations and the lowest floor elevations for any structures, in accordance with Butte County Code §26-22. Show on the additional map sheet the elevations (by contours) and the location of an accepted NGVD29 (National Geodetic Vertical Datum of 1929) benchmark and a temporary benchmark on-site. C. LEGAL LOT STATUS ❑ 1. Prior to the issuance of the use permit, prove to the satisfaction of the public works director that the parcel of the subject application is a legal parcel. Tolley, Chris From: Lightell, Sue Sent: Tuesday, December 23, 2008 2:01 PM To: Tolley, Chris Subject: RE: New reviews have been added to Project MUP08-0003 No problems seen. Sue Lightell Assessor Mapping Dept. -----Original Message ----- From: Tolley, Chris Sent: Monday, December 22, 2008 5:42 PM To: Hill, Rob; Assessor Mapping; Fowler, Steve;, Stover, Joy; Parker, Kathy; Bonham, Tina Subject: New reviews have been added to Project MLJP08-0003 The following reviews for Project WP08-0003 have been added: Ag. Commissioner Assessor Mapping Fire Marshall LAFCO LD Projects Planning Support ,%jWTE COUNTY RECEIPT Printed: 12/7/2009 *RECEIPT NUMBER PREFIXES* 1:47 pm B/P = Development Services - Building/Planning Division (530)538-7601 EH = Environmental Health (530)538-7281 PW = Public Works Department (530)538-7681 Receipt Number: P1551 Date Paid: 12/7/2009 . Paid By: Complete Wireless Received By: MEM Project Number: UP09-0008 Pay Method: CHECK 12391 Site Apn: 040-020-171 Description: 100 foot monopole and ground equipment Site Address: CA Applicant: Complete Wireless Fee Description Account Number Fee Amount DP Cell Tower Performance Trus 1001-0-280-1011307 $2,500.00 C oya,�-�,A V-�, �- (I Total Fees Paid: $29500.00 0 DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) Verizon Wireless c/o Complete Wireless Consulting, Inc. 2009 V. Street Sacramento, Ca 95818 Project Title/File Number: Use Permit UP09-0008 (Verizon Wireless) APN: 040-020-171 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION / STATEMENT OF EXEMPTION ❑ A. Statutorily or Categorically Exempt $50.00 Clerk's Documentary Handling Fee ❑ B. Certificate of No Effect $50.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED ® A. Negative Declaration $1,876.75 State Filing Fee $50.00 Clerk's Documentary Handling Fee ❑ B. Environmental Impact Report $2606.75 State Filing Fee $50.00 Clerk's Documentary Handling Fee 3 ❑■ OTHER (Specify) $50.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. ® PAYMENT: The above fees have been paid. See attached receipt(s) 2. ❑ NON-PAYMENT: The above fees are required. Not paid. Chief Plannina Official By: Tim Snellings, Development Services Title: Director Lead Agency: Butte County Department of Development Services Date: November 4, 2009 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE NOTICE OF DETERMINATION TO: ® Butte County Clerk Office of Planning and Research 25 County Center Drive PO Box 3044 or 1400 Tenth Street Oroville, CA 95965 Sacramento, CA 95812-3044 Sacramento, CA 95814 FROM: Butte County Department of Development Services, Planning Division 7 County Center Drive, Oroville, CA 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. AP Number: 040-020-171 Project Title: Use Permit UP09-0008 Applicant: Verizon Wireless Contact Person: Stacey Jolliffe Telephone Number: 530-538-6573 Project Description: Use Permit to construct a 100 -ft monopole painted gray and related facilities on a 1,200 square foot lease area with setbacks approximately 14' to the north, 273' to the east, 216' to the south, and 41' to the west. Ancillary facilities include: twelve panel antennas, two microwave dishes, a 499 gallon propane tank ,and a propane generator and 240 s.f equipment shelter. Project Location: 1.480 Skyway, Chico, CA State Clearinghouse Number (If submitted to clearinghouse): 2009092068 This is to advise that the Butte County Planning Commission (Lead Agency) has approved the above-described project on September 24, 2009 and has made the following determinations regarding the above-described project: 1. The project ❑will, ® will not, have a significant effect on the environment. 2. ❑An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. ®A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures ®were, ❑were not, made a condition of the approval of the project. 4. A mitigation reporting or monitoring plan ®was, ❑was not, adopted for this project. 5. A statement of overriding considerations ❑was, ®was not, adopted for this project. 6. Findings ®were, ❑were not, made pursuant to the provisions of CEQA. This is to certify that the final EIR, with comments and responses and record of project approval, or the Negative Declaration, is available to the general public at: 7 County Center Drive, Oroville, CA 95965. Date received for filing and posting at OPR Butte County Department of Development Services 7 County Center Drive OrovilJ¢, Chi M661 Charles Thistlethwaite Division Manager Department of Development Services Standard Conditions: 1. 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 Zoning Ordinance, including Butte County Code Sec. 24-45. 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 2 years of the delivery of the countersigned permit to the Permittee. 3. Minor changes may be approved administratively by the Directors of Development Services, Environmental Health, or Public Works 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 deemedto 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. Conditions of Approval: Planning Division 1. All fees due for the processing of this use permit shall be paid prior to the issuance of a building permit. 2. The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. Said site plan is on file in the Planning Division, is identified as "Attachment E", and is incorporated herein by this reference. 3. Antennas, microwave dishes and mounting hardware shall be painted to match the neutral color of the proposed communications tower. 4. A landscape plan, approved by the Director of Development Services, shall be submitted prior to issuance of building permits. The landscape plan shall show a screen to help break up views from the Skyway and the Genetic Research Center. The chosen screen shall be maintained throughout the life of the project. 5. The installation of the Facility shall comply with all applicable building and electrical codes. The Facility operator shall submit certification from a registered structural engineer to the Building Division that all associated towers in excess of thirty (30) feet in height will withstand sustained winds as required by the California Building Code. 6. No advertising or display shall be permitted on the Facility, except as required by state and/or federal regulation. 7. There shall be no outdoor vehicle or equipment storage except for emergency purposes. 0 0 8. The Facility shall fall within current standards and regulations of the Federal Aviation Administration (FAA), the FCC, and any other State and/or Federal agency with the authority to regulate such Facility. If such standards and regulations are changed, the property owner or responsible party shall bring the Facility into compliance with such revised standards and regulations within ninety (90) days of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling agency. 9. The Facility or combination of the Facilities on the site shall not generate, at any time, electromagnetic frequency radiation (EMF) or radio frequency radiation (RF) in excess of the FCC adopted standards for human exposure, as amended over time. 10. If it is found that the Facility is or will be detrimental to the health, safety, or welfare of persons working or residing near such facility, then the service provider(s) and property owner shall be jointly and solely responsible for the removal, adjustment, or replacement of the Facility. In no case shall the Facility remain in operation if it is found to create a hazard to health, safety, and welfare. The Facility shall not be found to create a hazard to health, safety, or welfare as a result of EMF or RF emissions from the Facility so long as it meets all current standards established by the FCC, pursuant to FCC Office of Engineering and Technology Bulletin 65. 11. Prior to issuance of the first building permit, the applicant shall post a performance security in an amount and form determined by the Director of Development Services 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 RFi'EMF emissions comply with FCC standards. If the Facility's emissions are determined to exceed FCC standards, the applicant is required to pay for such other tests and other corrective measures as are necessary to establish compliance with FCC OET 65 and its successors and such noncompliance shall constitute sufficient grounds to commence a permit revocation hearing which may lead to permit revocation. The applicant shall cooperate in all respects with the County's consultant to assist the consultant to reach his/her conclusion. 12. All Facilities that are not in continual use for a period of six (6) months shall be considered abandoned. Abandoned Facilities are hereby designated as unlawful and as public nuisances, requiring no amortization period. 13. The Facility may not encroach into, under, over, above, or upon any public street in the unincorporated area of the County in the absence of a valid encroachment permit from the County. 14. The owner/operator of the Facility shall annually submit a written verification, attested to under penalty of perjury, signed by both the owner/operator and an FCC licensee in the employ of�or retained by the owner/operator, that the radio frequency radiation/electromagnetic frequency (RF/EMF) emitted by the facility conforms to safety standards set forth in FCC OET 65. The reports prepared for the Facility shall conform to reporting requirements set by the FCC and the County. The reports shall be submitted to the Planning Division no later than January 31 of each year. 15. The Facility shall be secured at all times to prevent access by the public. 16. The collocation of the antennas allowed by this Use Permit requires the issuance of a building permit from the Butte County Building Division and will require conformance with Butte County Code section 24-262 and all applicable building and electrical codes. The Building Division, based upon engineered calculations submitted by the applicant, may determine that the tower cannot physically support the requested number of antennas. If that is the case, the number of new 0 0 antennas allowed on the tower may be less than the number of antennas permitted by this Use Permit: 17. All fees due on the processing of this use permit shall be paid prior to the issuance of a building permit. 18. Mitigation Measure # 1: To avoid creating substantial glare, the tower shall be constructed of, or treated with, a flat finish material with a low light reflectivity value. Prior to issuance of a building permit, the applicant shall submit sample color chips to the Planning Division for review and approval. 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. Prior to issuance of a building permit, the applicant shall submit sample color chips to the Planning Division for review and approval. Building inspectors shall spot check and shall ensure compliance on-site. 19. Mitigation Measure # 2: All exterior 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 lights 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. 20. Mitigation Measure #3: 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 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. 21. Mitigation Measure #4: Perform the following mitigations concerning area raptors (American kestrel, red-tailed hawk, black -shouldered kite, and Swainson's hawk), and their nests: a If development of the proposed improvements occur during the breeding season (February through September), pre -construction surveys shall be conducted by a qualified biologist to determine if nesting/breeding activities are occurring. Any portion of the subject property that lies within 500 feet of an active nest shall be surrounded by an orange fence during construction activities. Any construction activities planned for areas within 500 feet of any active nest shall be delayed until after the young have been fledged. The survey shall take place prior to any development activities. The survey and all findings shall be provided to the Department of Development Services The Department of Development Services shall ensure that compliance with any limitations on construction activities in the vicinity of any identified nests. The survey shall be conducted by a qualified biologist no more than 30 -days prior to the onset of construction activities. b If no active nests are identified during the pre -construction survey or if construction activities are proposed to occur during the non -breeding season (October through January), no further mitigation shall be required c Place a note on a building and site development plans that states: "Prior to any development activity during raptor breeding season (February through September) a raptor survey prepared by a qualified biologist shall be required." Plan Requirements: Preconstruction raptor surveys shall be accomplished 30 -days prior to construction during the breeding season. Any identified nests shall be marked and identified with a 500 -foot no -disturbance buffer until young have fledged. Timing: This mitigation shall take place prior to all subdivision development activities. Monitoring: The Department of Development Services shall monitor compliance with this mitigation and shall receive all pre -construction survey information prior to construction activities. This mitigation measure applies only once if the whole project site is graded at one time. Otherwise, incremental grading of the project site will require a separate raptor survey for each portion of the project site graded separately 22. Mitigation Measure #5: A landscape plan, approved by the Director of Development Services, shall be submitted prior to issuance of building permits. All vegetation selected must be non-invasive so as to avoid introducing invasive non-native plants into the Butte Creek Diversion Channel. Drought - resistant and/or native plantings are strongly encouraged. Plan Requirements: Landscape plans may not include invasive plant choices. Timing: This mitigation shall be fulfilled prior to the issuance of building permits. Monitoring: Development Services will review plant selection with assistance from the Agricultural Commissioner's office as needed. 23. Mitigation Measure # 6: 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. 24. Mitigation Measure # 7: Prior to submitting any development applications or engaging in any development activities, the applicant or his/her successors, heirs, assigns shall obtain all necessary permits/certifications from the Regional Water Quality Control Board (RWQCB) regarding National Pollutant Discharge Elimination System (NPDES) regulations and shall show evidence of compliance with the RWQCB regulations prior to on-site grading activities or other soil disturbance activities. Plan Requirements: The approved Storm Water Pollution Prevention Plan (SWPPP) shall be attached to all building and site development plans. Timing: The requirements of the approved Storm Water Pollution Prevention Plan shall be adhered to at all times. Monitoring: The applicant or his or her successors, heirs, assigns are responsible for ensuring compliance with the SWPPP. The California RWQCB and the Butte County Public Works Department shall respond to any storm water runoff problems. Environmental Health Division 25. Prior to issuance of a building permit, provide a completed Hazardous Materials Release Response Plan to Butte County Environmental Health as required by Chapter 6.95 of the California Health & Safety Code. Public Works — Land Development Division 26. Prior to establishing use, establish 100 year flood plain elevations and the lowest floor elevations for any structures, in accordance with Butte County Code §26-22. Show on the additional map sheet the elevations (by contours) and the location of an accepted NGVD29 (National Geodetic Vertical Datum of 1929) benchmark and a temporary benchmark on-site. Pacific Gas and Electric 27. Any relocation or rearrangement of any existing PG&E facilities in the area to accommodate this project will be at the expense of the developer. 28. There shall be no building of structures, or the storage of materials allowed over or under any existing PG&E facilities, or inside any easements that exist which would infringe on PG&E easement rights. County Counsel If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. II'TE COUNTY RECEIP• Printed: 9/9/2009 *RECEIPT NUMBER PREFIXES* 11:06 am B/P = Development Services - Building/Planning Division (530)538-7601 EH = Environmental Health (530)538-7281 PW = Public Works Department (530)538-7681 Receipt Number: P1149 Date Paid: 9/9/2009 Paid By: Complete Wireless Received By: MEM Project Number: UP09-0008 Pay Method: CHECK 12092 Site Apn: 040-020-171 Description: 100 foot monopole and ground equipment Site Address: , CA Applicant: Complete Wireless Fee Description Account Number Fee Amount DP Fish/Game - Negative Dec 09 1001-0-280-1011460 $1,993.00 DP GPMF GENERAL PLAN MAINT FEE 0010-0-4610311-10113311 $119.84 Total Fees Paid: $29112.84 .*JTTE COUNTY RECEI0 Printed: 8/28/2009 LAND MANAGEMENT OFFICES 2:46 pm Development Services - Building Division (530)538-7601 = Environmental Health (530)538-7281 Development Services - Planning (530)538-7601 PW = Public Works Department (530)538-7681 NlReceipt Number: B001324 Date Paid: 8/28/2009 �'-Paid By: Complete Wireless Received By: 4Proiect Number6;0008 Pay Method: CHECK 12080 ".:'Site Apn: 040-020-171 9'Description: 100 foot monopole and ground equipment .::Site Address: , CA -'Applicant: f -Fee Description Account Number Fee Amount .I'- f'aDP GPMF General Plan Maint Fee 0010-0-4610311-10113311 $20.13 .;"DP Tech Maint Fee 09 �74'DP Use Permit 09 0010-440001-4610312-101001 0010-0-204401-101001 $30.97 $3,097.00 Total Fees Paid: $39148.10 1, BUWE COUNTY RECEIPT 7 County Center Drive Oroville, CA 95965 Department of Development Services Phone (530) 538-7541 Fax (530) 538-2140 Environmental Health Phone (530) 538-7281 Fax (530) 538-2140 Receipt Number: P1305 Date Paid: 12/18/2008 Paid By: Complete Wireless Received By: JBW Project Number: MUP08-0003 Pay Method: Check 11153 Site Apn: 040-020-171 Description: 100 foot monopole and ground equipment Site Address: CA Applicant: Complete Wireless 2009 V Street Sacramento, CA 95818 Printed: 12/18/2008 3:01 pm Fee Description Account Number Fee Amount DP Minor Use Permit 0010-440001-4210900-101001 $2,297.80 ✓ DP Publishing/Legal Notices 0010-440001-4210900-101001 $157.40 3 ✓. DPAG Minor Use Permit 0010-460001-4612200-101001 $73.20 DPCR Record Fee Minor Use Perm 0010-470001-4612319-101001 $50.00 Z DPEHLUP Minor Use Permit 0021-540011=4614901-101001 $266.70 DPFPP Minor Use Permit 0100-450001-4617240-101001 $203.00 DPLD Minor Use Permit 0010-440004-4611700-101001 $100.00 Total Fees Paid: $39148.10 r tOMPLETE tVl/irei'ess Consulting, Inc. i . Ak 1• 1 -k ., •, n y ,Y August 26th, 2009 Butte County Planning Department Mark Michelena, Senior Planner 7 County Center Drive Oroville,California, 95965 f BUTTE COUNTY AUG 2 17 2009 DEVELO1PMrq,1 SERVICES RE: Revised Planning Fee Due / MUP08-003 / Proposed Verizon Cell Tower Dear Mr. Michelena: As per your request, I have enclosed a check in the amount of $3,148.00 representing the balance due for our Use Permit application and DFG FFe4 For reference purposes, I have also enclosed a copy of the email from you requesting this payment. Please contact me if you have any additional questions or comments regarding this matter. Sincerely, �A Mark Lobaugh Complete Wireless, Project Manager Attachments: 8/25/09 Email from Mark Michelena www.completewireless.net 2009 V Street Sacramento, CA 95818 (916) 914-2114 fax 0 Page 1 of Mark Lobaugh From: Michelena, Mark [MMichelena@buttecounty.net] Sent: Tuesday, August 25, 2009 3:07 PM To: Mark Lobaugh Cc: Thistlethwaite, Charles Subject: RE: M U P08-0003-- project status / Verizon cell tower project Good Afternoon Mark! Thank you for your email (and earlier phone call). You are correct that the code amendment was approved (by the Board on July 211t and became effective on August 21St). Based on the approval, your project has been added to my active list of projects. Due to limited staffing, we are down to two project planners (we have lost three project planners over the last several months), turn around time is not as quick as we would like. I anticipate that I will begin the environmental document for your project during the week of 9/8 — 9/11. 1 will do my best to get the project to the Planning Commission either in November or December. As part of the zoning code amendment, a new cell tower that does not meet the 1:1 setback requirement, but can meet the requirements to reduce the setback (which your project does), must obtain a Use Permit. You project came in as a Minor Use Permit. In order to convert it to a full Use Permit and eventually schedule the project for hearing, we need to collect the difference in fees between the two projects. Here is the breakdown: Fees paid for MU P08-0003 were - $3,148.10 (which did not include Fish & Game Fees) Fees for a Use Permit are $6,462.34 (which includes current Fish & Game Fees of $1,993.00) Difference to be paid is $3,148.10 (includes Fish & Game Fee) I have a question for you. When I reviewed the project file, I found correspondence from the City of Chico requesting a 25 setback. I have attached the incomplete letter that addresses their comments. I did not see a site plan that shows a 25 -foot setback. Was this looked into? Is it possible to meet this requirement? Sincerely, Mark Michelena Senior Planner, Planning Division Butte County Department of Development Services 7 County Center Drive, Oroville, CA 95965 (530)538-7376 (530)538-5366 Fax mm ichelena(a,buttecounty.n et "COUNTY OF BUTTE E-MAIL DISCLAIMER: This e-mail and any attachment thereto may contain private, confidential, and privileged material for the sole use of the intended recipient Any review, copying, or distribution of this e-mail (or any attachments thereto) by other than the County of Butte or the intended recipient is strictly prohibited. If you are NOT the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this e-mail and any attachments thereto." From: Mark Lobaugh [mailto:mlobaugh@completewireless.net] Sent: Tuesday, August 25, 2009 2:18 PM To: Michelena, Mark Subject: M U P08-0003 --project status / Verizon cell tower project Hello Mark: I am the new project manager on this project and would like to discuss the status of this project now that the code amendment has passed. I would appreciate a call or email when you get a chance. 8/26/2009 Page 2 of 2 Sincerely Mark Lobaugh, Project Manager Complete Wireless .Consulting Inc 2009 V Street, Sacramento, CA 95818 (916)217-7513, fax 916-290-0477 8/26/2009 ARNOLD SCHWARZENEGGER GOVERNOR STATE OF CALIFORNIA GOVERNOR'S OFFICE of PLANNING AND RESEARCH STATE CLEARINGHOUSE AND PLANNING UNIT October 22, 2009 Stacey Jolliffe Butte County 7 County Center Drive Oroville, CA 95965 Subject: Use Permit for Verizon Wireless SCH#: 2009092068 Dear Stacey Jolliffe: ,OCT2 6 2009 DEQ � O� dpi of �rO+ W N • 4"44'FOF C"Wo'e CYNTHIA BRY-NT WRECror-. The State Clearinghouse submitted the above named Mitigated Negative Declaration to selected state agencies for review. The review period closed on October 21, 2009, and no state. agencies submitted comments by that date. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please call the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. If you have a question about the above-named project, please refer to the ten -digit State Clearinghouse number when contacting this office. Sincerely, .47 Scott Morgan . Acting Director, State Clearinghouse ,r �,� �I� I� L• fT..- 140010th Street P.O. Box 3044 Sacramento, California 95812-3044 (916)'445-0613 FAX(916)323-3018 www.opr.ca.gov ' - ,y Document Details -Report State Clearinghouse Data Base SCH# 2009092068 Project Title Use Permit for Verizon Wireless Lead Agency Butte County Type MND Mitigated Negative Declaration Description A 100 ft monopole and related ground equipment on a 1,200 sf lease area in the northwestern portion of the 2.5 acre site. Twelve panel antennas are proposed to be centered at the 96 ft level. Two microwave. dishes are proposed to be centered at the 83 ft level. Related equipment includes a 499 gallon propane tank on a 50 sf concrete foundation, and a propane generator and 240 sf equipment shelter on a 780 sf concrete foundation. The monopole requires modification of the standard setback ratio of one foot of setback per one foot of monopole height; as permitted by Butte County Code section 24-262 (g) with Use Permit. Lead Agency Contact Name Stacey Jolliffe Agency' Butte County Phone 530-538-7603 Fax email Address 7 County Center Drive City Oroville State CA Zip 95965 Project Location County Butte _ City Chico Region Lat / Long Cross Streets 1480 Skyway Parcel No. 040-020-171 Township Range 5E Section Base Proximity to: Highways Airports No Railways Waterways Butte Creek Diversion Channel Schools Land Use Asphalt Sealing Platn/M-1/industrial Project Issues Aesthetic/Visual; Agricultural Land; Air Quality; Archaeologic -Historic; Biological Resources; Drainage/Absorption; Flood Plain/Flooding; Forest Land/Fire Hazard; Geologic/Seismic; Landuse; Minerals; Noise; Population/Housing Balance; Public Services; Recreation/Parks; Soil Erosion/Compaction/Grading; Solid Waste; Toxic/Hazardous; Traffic/Circulation; Vegetation; Water Quality; Water Supply; Wetland/Riparian; Wildlife Reviewing Resources Agency; Department of Fish and Game, Region 2; Office of Historic Preservation; Agencies Department of Parks and Recreation; Department of Water Resources; California Highway Patrol; Caltrans, District 3; Regional Water Quality Control Bd., Region 5 (Redding); Department of Toxic Substances Control; Native American Heritage. Commission Date Received 09/22/2009 Start of Review 09/22/2009 End of Review 10/21/2009 Note: Blanks in data fields result from insufficient information provided by lead agency. Envirostor DEPARTMENT OF TOXIC SUBSTANCES CONTROL ENVIROSTOR PROJECT SEARCH RESULTS FARCH CRITERIA: BUTTE IRECORDSFOUND REPORT] IMAPI OPHIR ROAD PROPERTY STATE RESPONSE ACTIVE KOPPERS INDUSTRIES INC FEDERAL CERTIFIED /OPERATION 8 REPORT] )MAP] (OROVILLEPPERINDUST) SUPERFUND - MAINTENANCE - LAND USE LISTED RESTRICTIONS REPORTI MULKEY PROPERTY STATE RESPONSE REFER: RWQCB REPORT] CHICO DEVELOPMENT STATE RESPONSE REFER: RWQCB INC. REPORT] UdAP] WEST PROPERTY STATE RESPONSE REFER: RWQCB REPORT) IMAPI HUMBOLDT ROAD BURN DUMP STATE RESPONSE REFER: RWQCB D REPORT] IMAPI HIGNALL DEVELOPMENT VOLUNTARY NO FURTHER ACTION CLEANUP REPORT) JOHNSON PROPERTY STATE RESPONSE REFER: RWQCB REPORTI ROSELUNI PROPERTY STATE RESPONSE REFER: RWQCB REPORT] SCOTT PROPERTY STATE RESPONSE REFER: RWQCB REPORT) MAP CANYON VIEW HIGH SCHOOL SCHOOL EVALUATION NO ACTION REQUIRED REPORT] PG&E MANUFACTURED EVALUATION INACTIVE - NEEDS IMAPI GAS PLANT SV -CG -ORO -1 EVALUATION REPORTI-IMAPI CANYON VIEW HIGH SCHOOL SCHOOL EVALUATION NO ACTION REQUIRED REPORT] IMAPI CHICO GROUNDWATER- STATE RESPONSE ACTIVE - LAND USE SOUTHWEST PLUME RESTRICTIONS REPORTI [MAP] CHICO GROUNDWATER- STATE RESPONSE ACTIVE CENTRAL PLUME REPORT)[MAPi ALLEN PROPERTY BURN VOLUNTARY CERTIFIED PILES CLEANUP REPORT) IMAPI GEORGIA PACIFIC 01 (FEATHER FALLS) EVALUATION REFER: OTHER AGENCY CHICO - SKYWAY REPORT] [MAP) SUBDIVISION STATE RESPONSE ACTIVE GROUNDWATER PLUME FEDERAL LOUISIANA PACIFIC CORP - REPORT] MAP, OROVILLE SUPERFUND - CERTIFIED DELISTED REPORT] NEARY CATTLE RANCH EVALUATION REFER: RWOCB REPORT] [MAP] BIDWELL PARK GUN VOLUNTARY ACTIVE RANGE CLEANUP REPORT] VALLEY WIDE CHEMICAL HISTORICAL REFER: OTHER AGENCY REPORT] PG&E MANUFACTURED INACTIVE - NEEDS GAS PLANT SV-CG-ORO-2HISTORICALEVALUATION REPORT] DUNN PROPERTY STATE RESPONSE REFER: RWQCB REPORTI IMAPI OLD FARM ESTATES VOLUNTARY NO FURTHER ACTION BRUCE ROAD CLEANUP REPORTI RICHVALE AIRPORT EVALUATION REFER: RWQCB WESTERN PACIFIC FEDERALREPORTI CERTIFIED - LAND USE IMAPI RAILROADCO. SUPERFUND - DELISTED RESTRICTIONS REPORT] IMAPI SURCEASE MINE EVALUATION INACTIVE- NEEDS EVALUATION REPORT] IMAPI PG&E BIG BEND POWERHOUSE EVALUATION REFER: OTHER AGENCY REPORT] UNION OIL COMPANY OF EVALUATION REFER: RWOCB CA #1 REPORT] _ CHEVRON HHEV ON -SIERRA EVALUATION REFER: RWQCB BUTTLOUISIANA-PACIFIC CORP- CERTIFIED / OPERATION & REPORT] [MAP] CHICO STATE RESPONSE MAINTENANCE - LAND USE RESTRICTIONS REPORTI IMAPI OROVILLE GAP FIL AX P- MILITARY INACTIVE - NEEDS 58B EVALUATION EVALUATION REPORT, MAP, OROVILLE PRECISION MILITARY INACTIVE - NEEDS BOMB RANGE EVALUATION EVALUATION REPORTI [MAP] CIV WAR HSG PROJECT MILITARY I INACTIVE - NEEDS EVALUATION EVALUATION "Play SO rp JUMP TO PAGE: 1 2 Page I of 1 CLEANUP STATUS: I All Statuses Go EXPORT TO EXCEL SITE FACILITY PAGE 2 OF 2 SITE I FACILITY NAME CITY CLEANUP STATUS EPORTI FMC CORPORATION #2 HISTORICAL NO FURTHER ACTION EPORTI[MAP]WILCOX ELEMENTARY SCHOOL NO ACTION REQUIRED SCHOOL EXPANSION EVALUATION 95965 BUTTE AGRICULTURAL PROPERTY LOCATED OFF VOLUNTARY 95926 BUTTE EPORTI [MAP] PAIVAFARMS CLEANUP ACTIVE REPORT] IMAPI OPHIR ROAD PROPERTY STATE RESPONSE ACTIVE KOPPERS INDUSTRIES INC FEDERAL CERTIFIED /OPERATION 8 REPORT] )MAP] (OROVILLEPPERINDUST) SUPERFUND - MAINTENANCE - LAND USE LISTED RESTRICTIONS REPORTI MULKEY PROPERTY STATE RESPONSE REFER: RWQCB REPORT] CHICO DEVELOPMENT STATE RESPONSE REFER: RWQCB INC. REPORT] UdAP] WEST PROPERTY STATE RESPONSE REFER: RWQCB REPORT) IMAPI HUMBOLDT ROAD BURN DUMP STATE RESPONSE REFER: RWQCB D REPORT] IMAPI HIGNALL DEVELOPMENT VOLUNTARY NO FURTHER ACTION CLEANUP REPORT) JOHNSON PROPERTY STATE RESPONSE REFER: RWQCB REPORTI ROSELUNI PROPERTY STATE RESPONSE REFER: RWQCB REPORT] SCOTT PROPERTY STATE RESPONSE REFER: RWQCB REPORT) MAP CANYON VIEW HIGH SCHOOL SCHOOL EVALUATION NO ACTION REQUIRED REPORT] PG&E MANUFACTURED EVALUATION INACTIVE - NEEDS IMAPI GAS PLANT SV -CG -ORO -1 EVALUATION REPORTI-IMAPI CANYON VIEW HIGH SCHOOL SCHOOL EVALUATION NO ACTION REQUIRED REPORT] IMAPI CHICO GROUNDWATER- STATE RESPONSE ACTIVE - LAND USE SOUTHWEST PLUME RESTRICTIONS REPORTI [MAP] CHICO GROUNDWATER- STATE RESPONSE ACTIVE CENTRAL PLUME REPORT)[MAPi ALLEN PROPERTY BURN VOLUNTARY CERTIFIED PILES CLEANUP REPORT) IMAPI GEORGIA PACIFIC 01 (FEATHER FALLS) EVALUATION REFER: OTHER AGENCY CHICO - SKYWAY REPORT] [MAP) SUBDIVISION STATE RESPONSE ACTIVE GROUNDWATER PLUME FEDERAL LOUISIANA PACIFIC CORP - REPORT] MAP, OROVILLE SUPERFUND - CERTIFIED DELISTED REPORT] NEARY CATTLE RANCH EVALUATION REFER: RWOCB REPORT] [MAP] BIDWELL PARK GUN VOLUNTARY ACTIVE RANGE CLEANUP REPORT] VALLEY WIDE CHEMICAL HISTORICAL REFER: OTHER AGENCY REPORT] PG&E MANUFACTURED INACTIVE - NEEDS GAS PLANT SV-CG-ORO-2HISTORICALEVALUATION REPORT] DUNN PROPERTY STATE RESPONSE REFER: RWQCB REPORTI IMAPI OLD FARM ESTATES VOLUNTARY NO FURTHER ACTION BRUCE ROAD CLEANUP REPORTI RICHVALE AIRPORT EVALUATION REFER: RWQCB WESTERN PACIFIC FEDERALREPORTI CERTIFIED - LAND USE IMAPI RAILROADCO. SUPERFUND - DELISTED RESTRICTIONS REPORT] IMAPI SURCEASE MINE EVALUATION INACTIVE- NEEDS EVALUATION REPORT] IMAPI PG&E BIG BEND POWERHOUSE EVALUATION REFER: OTHER AGENCY REPORT] UNION OIL COMPANY OF EVALUATION REFER: RWOCB CA #1 REPORT] _ CHEVRON HHEV ON -SIERRA EVALUATION REFER: RWQCB BUTTLOUISIANA-PACIFIC CORP- CERTIFIED / OPERATION & REPORT] [MAP] CHICO STATE RESPONSE MAINTENANCE - LAND USE RESTRICTIONS REPORTI IMAPI OROVILLE GAP FIL AX P- MILITARY INACTIVE - NEEDS 58B EVALUATION EVALUATION REPORT, MAP, OROVILLE PRECISION MILITARY INACTIVE - NEEDS BOMB RANGE EVALUATION EVALUATION REPORTI [MAP] CIV WAR HSG PROJECT MILITARY I INACTIVE - NEEDS EVALUATION EVALUATION "Play SO rp JUMP TO PAGE: 1 2 Page I of 1 CLEANUP STATUS: I All Statuses Go EXPORT TO EXCEL OROVILLE PAGE 2 OF 2 ADDRESS DESCRIPTION CITY ZIP COUNTY 94 EAST GRIDLEY ROAD, AT BONNELL GRIDLEY 95948 BUTTE AUTREY LANE OROVILLE 95968 BUTTE ACCESSORS PARCEL NUMBER 047-080-002, OROVILLE 95965 BUTTE AGRICULTURAL PROPERTY LOCATED OFF CHICO 95926 BUTTE HAMILTON NORD CANA HWY, CHICO, BUTTE CHICO 95973 BUTTE COUNTY, CA RICHVALE 95974 BUTTE ASSESSOR'S PARCEL NUMBERS (APNS)078-010- OROVILLE 95965 BUTTE 006, 078-010-038 OROVILLE 95965 BUTTE BAGGETT-MARYSVILLE ROAD OROVILLE 95965 BUTTE BRUCE AND HUMBOLDT RD, HWY 32 CHICO 95926 BUTTE BRUCE AND HUMBOLDT ROADS, HWY 32 CHICO 95926 BUTTE BRUCE AND HUMBOLDT ROADS, HWY 32 CHICO 95926 BUTTE BRUCE AND HUMBOLDT ROADS, HWY 32 CHICO 95926 BUTTE BRUCE ROAD CHICO 95928 BUTTE BRUCE ROAD AND HUMBOLDT ROAD, HWY 32 CHICO 95926 BUTTE BRUCE ROAD AND HUMBOLDT ROAD, HWY 32 CHICO 95926 BUTTE BRUCE ROAD AND HUMBOLDT ROAD, HWY 32 CHICO 95926 BUTTE BRUCE ROAD/20TH STREET CHICO 95926 BUTTE BLOCK OF HUNTOON, MONTGOMERY AND MYERS STREETS OROVILLE 95965 BUTTE BRUCE ROADIRALEY BOULEVARD CHICO 95928 BUTTE CHICO AREA GROUNDWATER CHICO 95926 BUTTE CHICO AREA GROUNDWATER CHICO 95926 BUTTE ESPLANDADE AND NORD HIGHWAY CHICO 95973 BUTTE FEATHER FEATHER FALLS ROAD FALLS 95940 BUTTE HAGEN LANE/SKYWAY AVENUE CHICO 95928 BUTTE HIGHWAY 708 GEORGIA PACIFIC WAY OROVILLE 95965 BUTTE HIGHWAY 99 BETWEEN BROYLES & LASSEN RDS CHICO 95926 BUTTE HORSESHOE LAKE CHICO 95927 BUTTE MIDWAY STREET 8 HEGAN LANE CHICO 95928 BUTTE MONTGOMERY 8 DOWNER ST. OROVILLE 95965 BUTTE NE CORNER.BRUCE RD. 8 HUMBOLT RD. HWY 32 CHICO 95926 BUTTE NW INTERSECTION OF HWY 32 AND BRUCE RD CHICO 95928 BUTTE RICHVALE WEST HWY RICHVALE 95974 BUTTE SEC 19 T19N R4E 2 MI SOUTH OF OROVILLE OROVILLE 95965 BUTTE SURCEASE MINE ROAD - OROVILLE 95965 BUTTE UNDER LAKE OROVILLE OROVILLE 95965 BUTTE W 5TH & POMONA CHICO 95926 BUTTE W. END OF IDORA ST. OROVILLE 95965 BUTTE WEST 16TH STREET CHICO 95926 BUTTE Conditions of Use I Privacy Policy Copyright © 2007 Department of Toxic Substances Control 0.09375 seconds OROVILLE - BUTTE OROVILLE BUTTE CHICO BUTTE http://www.envirostor.dtsc.ca.gov/publ ic/search.asp?PAGE=2&CMD=search&ocieerp=False&business_name=&main_street_n... 9/21/2009 Envirostor Page 1 of 1 DEPARTMENT OF TOXIC SUBSTANCES CONTROL ENVIROSTOR PROJECT SEARCH RESULTS CLEANUP STATUS: I All Statuses Go SEARCH CRITERIA: BUTTE 88 RECORDS FOUND EXPORT TO EXCEL PAGE 1 OF 2 SITE I FACILITY NAME SITE I FACILITY TYPE CLEANUP STATUS ADDRESS DESCRIPTION CITY COUNTY [REPORT] KENNETH G BROWN PROPERTY HISTORICAL NO FURTHER ACTION 1 12 MILES N ENTERPRISE FEATHER 95590 BUTTE' BRIDGE FALLS [REPORT] DIAMOND INTERNATIONAL #3. EVALUATION REFER: OTHER AGENCY 1/4 - 3/4 MILE EAST OF SKYWAY STIRLING 95978 BUTTE STIRLING CITY IREPORTI [MAP] FIRST AVENUE CLEANERS STATE RESPCNSE ACTIVE 1082 EAST 1ST AVENUE CHICO 95927 BUTTE [REPORT [ IMAPI CHICO SCRAP METAL YARD EVALUATION INACTIVE - ACTION 1197 HUMBOLDT AVENUE CHICO 95928 BUTTE REQUIRED [REPORT] VILLA D'ORO OLIVE OIL COMPANY HISTORICAL REFER: OTHER AGENCY 12TH AND CORONA OROVILLE 95965 BUTTE IREPORTI K & A CUSTOM PLATING OF CHICO HISTORICAL REFER: OTHER AGENCY 1430 LOCUST CHICO 95926 BUTTE [REPORT] IMAPI CANA HIGHWAY BURN DUMP VOLUNTARY CLEANUP ACTIVE 15283 CANA PINE CREEK ROAD CHICO 95973 BUTTE REI PORT] IMAPI CHICO DRAIN OIL SERVICE LLC HAZ WASTE -OPERATING EVALUATION NEEDED 1618 W 5TH ST CHICO 959284716 BUTTE PERMIT IREPORTI IMAPI ESPLANADE CLEANERS STATE RESPCNSE BACKLOG 164 E 2ND AVE CHICO 95926 BUTTE IREPORTI IMAPI CHICO PLATING WORKS EVALUATION INACTIVE - NEEDS 172 COMMERCIAL AVENUE CHICO 95926 BUTTE ' EVALUATION IREPORTI [MAP] NOR CAL RECYCLING STATE RESPONSE ACTIVE 1855 KUSEL ROAD OROVILLE 95966 BUTTE IREPORTI PLATT, FRED PEST CONT. 2 HISTORICAL REFER: OTHER AGENCY 186 LEMON HILL DRIVE OROVILLE 95965 BUTTE OROVILLE HIGH SCHOOL REI PORT[IMAPI ACQUISITION ACQUISITION SCHOOL EVALUATION NO ACTION REQUIRED 1870 BRIDGE STREET OROVILLE. 95966 BUTTE [REPORT] IMM SIERRA PACIFIC OROVILLE STATE RESPONSE BACKLOG 1980 KUSEL ROAD OROVILLE 95966 BUTTE MANUFACTURED GAS PLANT - CHICO INACTIVE -NEEDS [REPORT[ IMAPI 2 EVALUATION EVALUATION 200-299 WEST 2ND STREET CHICO 95928 BUTTE (REPORT] [MAP] COMMUNITY DAY SCHOOL ' SCHOOL EVALUATION NO ACTION REQUIRED 2120 2ND STREET OROVILLE 95965 BUTTE [REPORT] IMAPI JONES FLYING SERVICE EVALUATION REFER: RWQCB 216 WEST HAMILTON ROAD BIGGS 95917 BUTTE FOOTHILL BOULEVARD MIDDLE REPORT IMAPI SCHOOL SITE SCHOOL CLEANUP CERTIFIED 2245 FOOTHILL BOULEVARD OROVILLE 95966 BUTTE THERMALITO/NEW GYM/PLUMAS 95965- IREPORTI IMAPI AVENUE ELEM SCHOOL EVALUATION NO ACTION REQUIRED 2255 6TH STREETMELSON OROVILLE 3260 BUTTE IREPORTI IMAPI PROPOSED COMMUNITY SCHOOL SCHOOL EVALUATION NO ACTION REQUIRED 2280 6TH STREET OROVILLE 95965 BUTTE [REPORT] GIDS PEST CONTROL HISTORICAL REFER: OTHER AGENCY 2431 MARIPOSA CHICO 95926 BUTTE IREPORT] IMAPI NORGE VILLAGE CLEANERS STATE RESPONSE BACKLOG 254 EAST FIRST STREET CHICO 95926 BUTTE ASBURY ENVIRONMENTAL HAZ WASTE - OPERATING [REPORT] [MAP] SERVICES PERMIT EVALUATION NEEDED 2549 SCOTT AVE CHICO 959287188 BUTTE' MANNING -MITCHELL PAINT [REPORT] COMPANY HISTORICAL REFER: RCRA 265 BOEING AVENUE CHICO 95926 BUTTE REr PORTI (MAP] CHICO ARMY AIRFIELD MILITARY EVALUATION REFER: RWOCS 265 BOEING AVENUE CHICO 95927 BUTTE DIAMOND INTERNATIONAL 02 INACTIVE - NEEDS IREPORTI (MAP[ (OROVILLE) EVALUATION EVALUATION 2733 SOUTH 5TH AVENUE OROVILLE 95965 BUTTE IREPORTI (MAP] SIERRA PACIFIC INDUSTRIES EVALUATION REFER: OTHER AGENCY 275 SIKORSKI AVENUE CHICO 95926 BUTTE IREPORTI SCOTTY'S AUTO WRECKERS HISTORICAL REFER: OTHER AGENCY 285 HWY 99E SOUTH CHICO 95926 BUTTE IREPORTI [MAP] ENZENAUER PROPERTY EVALUATION REFER: LOCAL AGENCY 2907 5TH STREET BIGGS 95917 BUTTE IREPORTI B & E AUTO WRECKING HISTORICAL REFER: OTHER AGENCY 3301 FEATHER RIVER BLVD OROVILLE 95965 BUTTE IREPORTI IMAPI AERONOCK'INC #1 EVALUATION REFER: RWQCB 3355 PERSONS RANCH ROAD BIGGS 95917 BUTTE REI PORT] B & M AUTO WRECKERS HISTORICAL REFER: OTHER AGENCY 3505 FEATHER RIVER BLVD OROVILLE 95965 BUTTE VICTOR INDUSTRIES - 20TH REf PORT] ACTIVE - LAND USE IMAPI, STREET STATE RESPONSE RESTRICTIONS 365 E 20TH ST CHICO 95928 BUTTE IREPORTI ONE STOP AUTO WRECKING HISTORICAL REFER: OTHER AGENCY 4280 LINCOLN BLVD OROVILLE 95965 BUTTE IREPORTI MAP BEALE TITAN SITE 1C STATE RESPONSE REFER: RWQCB 46.4 ACRES; 6 MI NORTH OF CHICO 95926 BUTTE CHICO, CA [REPORT] B & BAUTO WRECKING HISTORICAL REFER: OTHER AGENCY 5355 SCOTTWOOD ROAD PARADISE 95969 BUTTE REPOT BEAZER EAST INC KOPPERS �� M �) HAZ WASTE - INACTIVE 5666 BAGGETT-MARYSVILLE OROVILLE 959650000 BUTTE INDUSTRIES INC OROVILLE UNDERGOING CLOSURE RD REf PORT] IMAPI BEAZER EAST INC KOPPERS CORRECTIVE ACTION 'INACTIVE 5666 BAGGETT-MARYSVILLE OROVILLE 959650000 BUTTE INDUSTRIES INC OROVILLE RD WILCOX ELEMENTARY SCHOOL [REPORT[ WM EXPANSION SCHOOL EVALUATION NO ACTION REQUIRED 5737 AUTREY LANE OROVILLE 95966 BUTTE [REPORT) IMAPI CHICO MUNICIPAL AIRPORT STATE RESPONSE ACTIVE - LAND USE 651 AND 681 LIBERATOR CHICO 95926 BUTTE RESTRICTIONS STREET IREPORTI IMAPI FLAIR CUSTOM CLEANERS STATE RESPONSE BACKLOG 660 MANGROVE AVE CHICO 95926 BUTTE NIAGARA CHEMICAL DIVISION -FMC [REPORT[ CORP#2 HISTORICAL REFER: OTHER AGENCY 724 WEST 9TH CHICO 95926 BUTTE [REPORT[ TURKTRUCKING HISTORICAL REFER: OTHER AGENCY 760 SAFFORD ST OROVILLE 95965 BUTTE [REPORT] [MAP] CHICO SCRAP METAL - SOUTH STATE RESPONSE ACTIVE 766 ORO-CHICO HIGHWAY DURHAM 95938 BUTTE [REPORT] IMAPI NORTH VALLEY PLAZA CLEANERS STATE RESPONSE ACTIVE 801 EAST AVENUE CHICO 95926 BUTTE [REPORT] IMAPI OROVILLE ARMY AIRFIELD MILITARY EVALUATION REFER: RWQCB 804 ACRES;3 MI SOUTHWEST OF OROVILLE 95933 BUTTE '(J09CA0890) OROVILLE, CA [REPORT] [MAP] PG&E, CHICO -1 VOLUNTARY CLEANUP ACTIVE 825 W 2ND STREET CHICO 95928 BUTTE [REPORT IMAPI WORLD RADIATOR 8 AIR CONDITIONING STATE RESPONSE ACTIVE 8336 SKYWAY PARADISE 95969 BUTTE [REPORT] MAP PM DUSTERS, INCORPORATED VOLUNTARY CLEANUP CERTIFIED 8562 AGUAS FRIAS ROAD CHICO 95928 BUTTE [REPORTI IMAPI CHICO SCRAP METAL - 20TH STREET STATE RESPONSE ACTIVE 878 EAST 20TH STREET CHICO 95928 BUTTE JUMP TO PAGE: 19 FNeXt 50 Conditions of Use I Privacy Policy Copyright © 2007 Department of Toxic Substances Control 0.34375 seconds http://www.envirostor.dtsc.ca.gov/public/search.asp?PAGE=1 &CMD=search&ocieerp=False&business name=&main_ street n... 9/21/2009 mu>ml moa lB a ssaml trim i 91iw'ummamour w n Dmm ms ��¢w aow. 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YYYYY G/ •� �' 6 • us Zm a ��£ C�9i£� i Qi w 5� E- I II � ti i I II o 04 w L_ o 7�0 \ a a: In too® Fn Z, W O a� N I j Q I jb bm a ` 01 'F s I i w3 ceg \� i A'BSL . OLO—Oi"O—O*O /V&V I II 1 j 1\ I � is \ 3NOH aY1f100N (3) 15 U I � a 0 00'Ob CO C m U M DDD'° a CHICO RELO MST ARCHITECTS e ✓ 1480 SKYWAYa...�A�,e (JJ' �.► verizgnw�ss CHICO, CA 95928 ,�� ���,��, COMPLETE s SHEEP TMZ ~ OVERALL SITE LAYOUT PLAN°°'6N04"'�'°�°���°°�°�^��^Q°•��^�� .a no wt racumnma ae. nm maxn.wam,uaa aumzam ®.n �,a amra ano m,m: mw„m ,mmi ®a a a[ m®. mmoc rm: mua wouec c .0 eom �m 2 �l 2 0 N @ �s I�IQ �m a m MST ARCHITECTS Z m m ;� i s CHICO RELO ° s ? ✓ . 1480 SKYWAY I■■► vemm� w�SS CHICO, CA 95928 .g�g,e s Y_ `.�,�.,�,`°°°.""`°,O1Y1,81oe COMPLETE I y S Wireless Consulting. Ino. dS SHET TME W I PROJECT ELEVATIONS M90904 MD 4ipd96tl10011Ng6 WMR R[40M peMM WY6 [.LL[ 9U[ p0R[K0p°MMp61S q 1,°I n° w[ wo[ r6l 11m 0Y d. M¢ OYscs no cmir.W6 W4101 R I® et Yi l®N Do etld, 0i 011° tR161f M�4n 1aW Milml tlll®Ir Q M Y°OM. mglGl. IY116 l ,910. MCn9.T, K Ml 0016 0➢110 i a I�IQ �m a m MST ARCHITECTS Z m m ;� i s CHICO RELO ° s ? ✓ . 1480 SKYWAY I■■► vemm� w�SS CHICO, CA 95928 .g�g,e s Y_ `.�,�.,�,`°°°.""`°,O1Y1,81oe COMPLETE I y S Wireless Consulting. Ino. dS SHET TME W I PROJECT ELEVATIONS M90904 MD 4ipd96tl10011Ng6 WMR R[40M peMM WY6 [.LL[ 9U[ p0R[K0p°MMp61S q 1,°I n° w[ wo[ r6l 11m 0Y d. M¢ OYscs no cmir.W6 W4101 R I® et Yi l®N Do etld, 0i 011° tR161f M�4n 1aW Milml tlll®Ir Q M Y°OM. mglGl. IY116 l ,910. MCn9.T, K Ml 0016 0➢110 i 0 N 1.4 0 N Hitt' 'll 14 N1 fig' Fill a s 23 s a s IRK b �b OR � Ise 18 4 14 g I I I I to CHICO RELO MST ARCHITECTS � 1480 SKYWAYz.�.a� C 11 CHICO, CA 95928 a COMPLETE a s 23 s a s I� Ise 18 4 14 g CHICO RELO MST ARCHITECTS 1480 SKYWAYz.�.a� C3QQ ��i gg � I � k L 19 I� Ise 18 CHICO RELO MST ARCHITECTS 1480 SKYWAYz.�.a� C venZgn WwBss CHICO, CA 95928 a COMPLETE SHET WUel— ContultlnO.Inc. PROJECT ELEVATIONS M11i WK n60�OlQ n@04�6 MD�YWOLVdDMM10�mtlRlO�WG6II fMM l® IQp OA®P O D<m�. DDIIYII. MM6 t b�61V.1n6i rL ML Iml6 ®10 GENERAL NOTES • PROJECT DIRECTOR Y L DRAWINGS ARE NOT TO BE SCALED, WRITTEN DIMENSIONS TAr: CHICO RELO Lease Area Description All that certain lease area being a portion of that certain 'Resultant Parcel B' as Is described In Document 2001-36032. Official Records of Butte County, California, also being a portion of Section 5, Township 21 North, Range 2 East, M.D.B. h M. being mora particularly described as follows: Commencing at a monument out for the West quarter comer of the aforementioned Section 5; thence along the North quarter section line North 89'59'28' East 22.14 feet to the True Point o1 Beginning; thence from sold point of beginning North 89'59'28' East 30.00 fest; thence South 700'32' East 40.00 feet; then" South 89'59'28' West 30.00 feel•, thence North 0700'32' West 40.00 feet to the point of beginning. Together with an saasment for Ingress, egress and utility purposes, fifteen feet In width, from the above described lease area, over and across the existing traveled way as Is shown on the 'Overall Project Area' to the public right of way mon commonly known as the Skyway. Also together with an easement for utility purposes, six feet In width, the centerline of which Is described as follows: Beginning at a point which boars South 0700'32' East 3.0 feet from the Southeast corner of the above described lease area; thence from said point of beginning North 89'59'28' East 83.0 feet mon or less to an existing utility service connection location. 17.70' SCALE 1" = 10' 0 5 to ec 30 no PROJECT AREA ENLARGEMENT DATE OF SURVEY: 1D-02-08 SURVEYED BY OR UNDER DIRECTION OF: KENNET'ii D. GEIL, R.C.E. 14803 LOCATED IN THE COUNTY OF BUTTE, STATE OF CALIFORNIA BEARINGS SHOWN ARE BASED UPON MONUMENTSI FOUND AND RECORD INFORMATION. THIS IS NOT A BOUNDARY SURVEY. ELEVATIONS SHOWN ON THIS PLAN ARE BASED UPON U.S.GS. N.A.V.D. 88 DATUM. ABOVE MEAN SEA LEVEL UNLESS OTHERWISE NOTED. N.G.V.D. 1929 CORRECTION: SUBTRACT 2.33' FROM ELEVATIONS SHOWN. l CONTOUR INTERVAL. 1 FT. ! I THE LATITUDE AND LONGITUDE WERE DETERMINED USING TRIMBLE GEO—XT G.P.5 AND UTILIZING PATHFINDER OFFICE DIFFERENTIAL CORRECTION SOFTWARE AT THE CENTERPOINT OF THE LEASE AREA AS SHOWN ON PROJECT AREA ENLARGEMENT. HAD 83 LAT. 39'42'41.91'' LONG. 121'48'40.72' HAD 27 LAT. 39'42'42.33' LONG. 121'48'38.80' THIS SURVEY MEETS OR EXCEEDS FAA 1A ACCURACY TOLERANCES. j SITE NAME h NUMBER: CHICO RELD SITE ADDRESS: 1480 SKYWAY CHICO, CA 95928 ASSESSOR'S PARCEL NUMBER: 040-020-171 CURRENT ZONING: M-1 LANDLORD(S): DEN14Y k JAQULYNN McKINNEY COMPLETE ASPHALT SEALING CO. 1480 SKYWAY CHICO. CA 95928 SITE CONTACT: GAILENE BIGART 916-217-7911 Ccil Engineering Engineering • Surveying r Planning 1226 High Strcct Auburn, California 95603-5015 Phone: (530) 885-0426 • Fa:: (530) 8211309 V ERIZON WIRELESS Project NOJName: Chico Relo Project Site Location: 1480 Skyway Chico, CA 95928 Date of Observation: 10-02-08 Equipment/Procedure Used to Obtain Coardinates: Trimble Gco-XT past processed with Palhf der Office so0w, Type of Antenna Mount: Proposed Free Standing Monopole NAD 83 Coordinates NAD 83 Coordinates Latitude: N 3942'41.91" Longitude: W 121°46'40.72" Latitude: N 39.4242.33" Longitude: W 121°4636.80" ELEVATION of Ground at Base of Stmcture (NAV D88): 243' AMSL CERTIFICATION: I, the undersigned, do hereby certify clewtion listed above is based on a Field survey done under my supervision and that the accuracy of thou elevations meet or teed I -A Standards as def ed in the FAA ASAC Information Sheet 91:003, and that they are me and accurate to the best of my knowledge and belief. Kenneth D. Geil California R.C.E. 14803 Date i14.0 AP/V 040-020-170 ----------------- 1 \?o PROJECT AREA i W FAIR 5T SKYWAY 0 41 • RONEY 04' E PROJECT W i3 �+ AREA - 9 NOT TO CHICO, CA VICMTY MAP BOUNDARY SHOWN IS BASED ON MONUMENTATION FOUND AND RECORD INFORMATION. THIS IS NOT A BOUNDARY SURVEY. THIS IS A SPECIALIZED TOPOGRAPHIC MAP WITH PFOPERTY LINES AND EASEMENTS BEING A GRAPHIC DEPICTION BASED ON INFORMATION GATHERED FROM VARIOUS SOURCES OF RECORD AND AVAILABLE MONUMENTATION FOUND DURING THE FIELD SURVEY. PROPERTY LINES AND LINES OF TITLE WERE NOT INVESTIGATED NOR SURVEYED EXCEPT AS SHOWN ON THIS PLAN. NO PROPERTY 2 MONUMENTS WERE SET. Pj THIS DRAWING IS COPYRIGHTED AND IS THE SOLE PROPERTY OF GEIL ENGINEERING. IT IS PRODUCED FOR USE BY VERIZON WIRELESS. REPRODUCTION OR OTHER USE OF THIS DRAWING OR THE INFORMATION CONTAINED HEREIN WITHOUT THE WRITTEN PERMISSION OF GEIL ENGINEERING IS PROHIBITED. ALL RIGHTS RESERVED. 2006 ENLARGEMENT1 ARIV 040-020-170 (E) OFFICE \}L(—JII (P)UTILITY SITS. (E) TRAVELED WAY/ - (P) 15.0' ACCESS j & UTILITY ESMT. I' (E) 50.OACCESS & unL -------------- ------------------------------- J ESMT. PER 2001-36032 437.0' AP/V 040-020-112 M.N. 17.39' SCALE 1" = 50' \ OVERALL PROJECT AREA a IA Shed �0 C-1 N`dd if1 loxvi A3WdinM 9nN 119WY 507nN9 0m 1B 9W 1n IB9m M' N ®1 n 191 TTMIY16�9e1 �m5 01Y 5 vI9 IDU ,9+ m mumB m oma an• aw 9s. � m smm9 w,Buw �e v,uan mrs, s wrm n unama w cram mma mn mr >a� n morBmr p sp9Bma 9n avnn me e „ 3111 MHS i + �' ins � aeo�oiiM 3131dW0] 9oVP,6E19,9,il:90otr oE(9 B�Yd sasss�.//1�1�V�OA3(�'00((1�YH0 Ss�nnn �,/bZ/,la/1 3 �I 8,998 tl7'aJuewe,x9'L MInB "PNB OMwvyro lOB A RUS 0011 'LS I I I I I Y d Z SJ��11H�Zi�/1SW 0134 001H0\44442'1 Sim IN3raw I 3NrwiN3] 310d0NOM O1 \ \ �w \\ (P) 12'-0' YWON WIRELESS ACCESS 31-I 4 h 'du .0-L 131- 3313 5 , v 131 3313 7 IIIIIIIIIIWIIIIIII O h � ...... ..._........t t� 1 ` � I . I _ I I I I ,J1 .01 MANS '"3 SS31310M NOZ" .9-3I ,.(d) NOLLY01 0'53 -MUM SFM M1 NOMA ,0-,9Z (d) 12 NOZ 3A A-.00 (d) 1 s ------------ ,I 1 I =It 1,• 1N3N3 AWN SS3139M>; NOZ183A .� •tl I ,0-,1 (d) I I g I I ''• i I •'. I i I — — -- — -- — -- — -- —��--1 -----� I I W g �I L ----J IIIIIIIIIIWIIIIIII O I� bk I I M �B g Px to I- I ld E w� IAF' X18 - �� m� 8� • 0 oyso� DDDD� $ oo � i i i i i g. N � \ / CHICO RELO 1480 SKYWAY verlgn WwE-Ess CHICO, CA 95928 SHEET TfTLE: PROJECT ELEVATIONS 01 MST ARCHITECTS 801 AlMmbn BIMVJ'' P�IS 2u1e.2wB6.•m COMPLETE Wi"I"s Consulting, I.C. u8 crawls BB ssarlamas � omaxen a mrn¢ as uB guu aBw nE wean a twn s tv�u. Bwgn Bc �w n[ wtuers rm aa>t nar�w¢M � m al�. ne Daws um m®clms wu rm a � in tar IvmII a Bmr a ana Ilmms mlal wm .uuen>> ♦xe�nn..e som atm I I M to N �3 bl 1-9. bl1 b� Ian c- a, a, s H g b T o v g Px to I- I ld E w� IAF' X18 - �� m� 8� • 0 oyso� DDDD� $ oo � i i i i i g. N � \ / CHICO RELO 1480 SKYWAY verlgn WwE-Ess CHICO, CA 95928 SHEET TfTLE: PROJECT ELEVATIONS 01 MST ARCHITECTS 801 AlMmbn BIMVJ'' P�IS 2u1e.2wB6.•m COMPLETE Wi"I"s Consulting, I.C. u8 crawls BB ssarlamas � omaxen a mrn¢ as uB guu aBw nE wean a twn s tv�u. Bwgn Bc �w n[ wtuers rm aa>t nar�w¢M � m al�. ne Daws um m®clms wu rm a � in tar IvmII a Bmr a ana Ilmms mlal wm .uuen>> ♦xe�nn..e som atm s �$2: P. g b ag N N Ing 111 FI �� F•( O �I �s- �o o wtig elz t 9gfig" v FS N b b IP Ip k Z A ,. _ -. - __ - ._--'..�—_ .— _ �.-.--� •ate._-�. —�-.. _ _.---.Pw-.----.—. � .�-�..��.. - on �x g I IN N 7. I OI -o cn > 32 b Cl c% o 0 Z N IC 19 I I I I� I� Ig Ig N� -Ig o D D D R CHICO RELO MST ARCHITECTS 1480 SKYWAY s 9 verognWl�ss CHICO, CA 95928 9B,abmen6lvE.,9uku].9ac.nm>np.LAB9Bl9 COMPLETE so(81813a10a09• F. (8161 ]Ot i✓1B9 .....wni�rm�v.oe awe• wholes, Consulting• Inc. N a w sHrnRE: PROJECT ELEVATIONS�e"°°°°�e"`��9w�B"K�"QB�"a'""m"n°"w�Mo ar ra rva we Il1Mm a Im tle wmu x9 4fafAt96 Bwi Im I¢ I®m ur It'>ml ®IWtt a Bon 11wS15 mewl Iml mm Maar v � wmam. �wmn, rvsn a Iswa xoom. K m Im(rs ®rim r' 9 -0 1, f � 4 1MM ='� irl�a. `�7►. z X. t / �!- J n:�ir w. �(• ',l�1' ' � � L ✓ ■ wj ill t �`� i!1 l • ��"DiNI � !� �, I Y' ��. r • ' } `�` I +sem X51 �� I . • � j F I •, y• Green=good coverage Yellow=fair coverage Red=poor coverage ■ BUTTE MUNTY DEC 1 2C WF31 ■ ,u o t 9 � o O r a Session: Chico_no_relo User: dpicard Wed Dec 17 12:27:55 2008 _ State Plane - California I Datum: NAD83 Center Lal: 39-44-01.92 N Center Lon: 121-46-04.26 W - Cells Lbl: Cell Name Sectors '�9 MND Cp ` Olight_duty_road ■ water O major_highway O secondary -highway G collector_road G arterial -road M county -boundary F1.CDMA Ec Clr: RSSI (dBm) a>_ -75 © >_ -90 G —100 Scale: 1:150000 0® Miles verb wireless r GeoPlan v5.4.1 Proprietary and Confidential s ..-. -... Session:RAF III Ilk • no relo l User: dpicard Wed Dec 17 State Plane - •• rnia I■ ■ Datum: . i ■ , Center Lat: 39-42-18.22 ■ Center • ` ■ Sectors O"Z ' ■ ■ NEAR- ■secondary-highwayr 0collector-road Q county boundary'K r ��- • •■ ■ •0 ■ 00 a ■ 00000 ■ 0 C Miles 1 GeoPlan v5.4.1. ■ Green=good coverage Yellow=fair coverage Red=poor coverage • 0 BUTTE COUNTY DEC 18 2008 DEVEILt1..Qt'�y t SERVICLS Session: Chico_no-relo user. dpicard Wed Dec 17 17:09:18 2008 State Plane - California I Datum: NAD83 Center Let: 39.43-06.68 N Center Lon: 12146.26.32 W Cells Lbl: Cell Name Sectors M ° O fight -duly -road ■ water O major highway O secondary -highway ® collector road 10 arterial road ® county -boundary F1.CDMA Ec Cir: RSSI (dl3m) , d >_ -75 >_ -90 ® >_ -100 Scale: 1:25000 1/10 Miles veytonwimless GeoPlan v5.4.1 Proprietary and Confidential i BUTTE COUNTY DEC` 18 2008 BEVELOeMENT SERVICES area with relocated site 0 M � ° EF a ° 4 ❑ ^� _ EJ l CHIC, ATION I r ■■ ' ,fir ■ � � � � � � � � � I ■ !,jam � - -� T I _ pp TFA Is JI ■ ' 6V5.IJ 1 Green=good coverage Yellow=fair coverage Red=poor coverage �- Session: Chico _no_rele User: dpicard Wed Dec 17 13:22:46 2008 State Plane - California I Datum: NAD83 Center Lat: 39-42-11.58 N Center Lon: 121-46-27.46 W ❑ Cells p0 z CO SeC10fS �9 m5 ❑ ❑c�) ❑ ° ❑ ® light—duty road ■ water ® major—highway ® secondary—highway collector road 0 arterial road Ig county—boundary F1.CDMA Ec Clr. RSSI (dBm) ® >_ -75 ❑ >_ -90 ® >_ -100 Scale: 1:100000 0 1 2 Miles vejImpwireiess GeoPlan v5.4.1 Proprietary and Confidential 6V5.IJ 1 Green=good coverage Yellow=fair coverage Red=poor coverage • • BUTTE COUNTY DEC 18 2308 DEVELOPMENT SERVICES Search Ring: #REF! Theoretical Search Ring Coordinates Doug Picard DMS -> DD Lattitude (DMS) in NAD 27 Longitude (DMS) in NAD 27 Decimal NA Decimal NAD27 DD MM SS.SS DD MM SS.SS Lat Long 39 44 0.00 121 47 10.00 0 0 0.00 <-- P WF i_k 0o 0 N F, �W 0 �s � ®L.) LU a ,- 0 A W