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HomeMy WebLinkAboutUP 99-15b ry PROJECT SUMMARY SHEET �•;• / w_ ry1 .;' , t N: M 4,k. ,*" FILE #: UP 99-15 PROJECT ' APPLICANT: ADDRESS: 2985 South 5th Ave., Oroville, CA 95965 OWNER: Jack McWherter ADDRESS: 4220 Cherokee Rd., Cherokee, CA 95965 REPRESENTATIVE: Sierra West Surveying ADDRESS: 5437—Black Olive Dr.. Paradise. CA 95969 PROJECT DESCRIPTION: Use Perm PROPERTY ZONED: U LOCATED: AP#: 041-070-046 & 041-330-035 TOWN/AREA: Cherokee GENERAL PLAN DESIGNATION: Agricultural Residential ::, 1. Application complete: February 9, 1999 Amount: $ 1048.00 Receipt #:.l 6981 Comments2. to: • AIR QUALITY,• ►Au QUALITY, FISH & GAME, 3. 4. 5. 6. 7. 9 10 Comments received. from: E4, L WO kc�mz . Pk Gm F Rezone Petition Signatures Checked: Mailing List/Lead-in Sheet: Assigned To: Environmental Determination: State Clearinghouse No:i v& Subject to Fish & Game: Vu Categorical Exemption-CEQA# Negative Declaration Mitigation Negative Declaration Environmental Impact Report Gen. Rule Ex. -CEQA # 15061.(bx3) Other Staff Report: Project Video: V -e S Clearinghouse circulation required: Yes No Date Sent to SCH: Publication Notice Written: 3 - o'7— Display Ad Prepared: 11. Notices Mailed: 3 '—� y Number of Notices: / 12. Newspaper Publication Date: ('0') C P G B 13. Planning Commission Hearing(s): 17/ Action taken: Special Conditions: Commission Resolution No. 14. Board of Supervisors' Hearing(s): Action taken: Board Resolution No.: Ordinance No: Adopted: 15. Type Use Permit/Send for signature: 16. N.O.E. / N.O.D. / APPENDIX G: Fish & Game Fees Paid: Yes No 17. Send validated Use Permit: JUN 2 1999 18. Assessor's Memo: JUN 2 1999', JUN 2 1999 19. Copy of Use Permit / Variance to Planning Technician: Union Pacific Railroad (Mike Guyer) - proposed Negative Declaration regarding environments= impacts and Use Permit to allow a 60 -foot tower with a 20 -foot antenna and a communication: shelter for use by the Union Pacific Railroad on property zoned "U" (Unclassified). The site iE located on the west side of Cherokee Road, west of the intersection of President Hayes Lane and Cherokee Road, Cherokee. (UP 99-15) (SB) (VIDEO) A video of the site was shown. Mr.. Betts gave a brief summary of the project. Chairman Leland asked if this could be considered a pole tower. He asked about putting a diameter restriction on the pole. Mr. Betts said the pole is shown on Exhibit D, which will be attached to the permit. He discussed the falling area of the pole and the potential that it could fall on the adjacent property.. Commissioner Lambert asked about adding the condition to remove the pole when it is no longer needed.. The hearing was opened to the public. Mr. Wrinkle, Sierra West Surveying, said they agree with the conditions. Commissioner Mooney asked if the road will be done in an erosion proof manner? Mr. Wrinkle said the property owner has put'in a driveway. . Toni Hales, Union Pacific representative, said the pole folds over from the middle. He said the pole is made to withstand 100 mile an hour winds. The hearing was closed. Mr. Betts said they could add a condition to get a grading permit. It was moved by Commissioner Nelson, seconded by Commissioner Mooney and unanimously carried to adopt a Negative Declaration and approve the Use Permit, UP 99-15 for Union Pacific Railroad, subject to the findings and conditions listed below adding a new Condition #4 to read "All facilities that are not in continual use for a period of six months shall be removed from the site. The site shall be restored to its original condition or use.", renumber 4 and 5 to 5 and 6 and add a new Condition #7 to read: "Prior to issuance of a building permit, the applicant shall contact the Department of Public Works,to determine if' a grading permit is necessary and obtain a grading permit, if required." I. Adopt a Negative Declaration with the following findings: A. Find that an Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified potential significant environmental effects and includes mitigation measures that would mitigate such effects below significant levels; B. The Planning Commission has independently reviewed, analyzed and considered the proposed Negative Declaration with mitigation measures prior to making its decision ori the project, and hereby finds that the Negative Declaration with mitigation measures reduces ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ APRIL 22, 1999 ■ impacts below levels `of significance and reflects the independent judgement of Butte County. H. This project will not have an impact to fish and/or wildlife habitat, and fees are not required pursuan- to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753:5. III. Approve the Use Permit, UP 99-15, for Union Pacific Railroad, subject to the conditions.found ir_ Exhibit A and subject to the following findings: A. The proposed use 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, oz injurious to, surrounding property, or detrimental to the health, safety 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. The communications facility will not result in a significant increase in vehicle traffic in the project area. 2. The communications facility will not cause a significant increase in noise or light levels, and will not create any odors or fumes. 3. The communications facility will not be highly visible from Highway 70 or from adjacent parcels due to the low,profile of the tower and antenna. B. The project is consistent with the Unclassified zone which allows commercial uses with a. Use Permit, and is consistent with Agricultural -Residential General Plan land, use designation which allows utilities as a Secondary Use. CONDITIONS OF APPROVAL 1. The tower shall not exceed sixty (60) feet in height and shall be of a pole design as shown in Exhibit D in the staff report. Only one (1) vertical antenna no greater than twenty (20) feet tall shall be placed on the tower. Any. change in the type of tower, any increase in the height of the tower, or any additional antennas placed on the tower shall require a new Use Permit application to be submitted to the Planning Division and approved by the Planning Commission. 2. The location of the tower and communications shelter shall be in compliance with the building setback requirements of the County Zoning Ordinance. 3. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. 1 4. All facilities that are not in continual use for a period of six months shall be removed from the site. The site shall be restored to its original condition or use. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ APRIL 22, 1999 ■ 5. 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 fo- improvement permits. Public'Works 6. Prior to the issuance of building permits obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as- specified in the Count} Improvement Standards. .• , 7. Prior to issuance of a building permit, the applicant shall contact the Department of Public WorkE .to determine if a grading permit is necessary and obtain a grading permit, if required. ■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ APRIL 22; 1999 ■ COUNTY OF BUTTE OFFICE OF PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965t3397 kMRN SERVICE REQUESTED I PUBLIC Vv, HEARING NOTICE f-�141. 07k) 030 Of30 STATUS-. X] � innw!N WAYNE A En JENNIFEF� J 1IJ -11--"EE ROAD cHERC C A 9 5 9 6't* -is OROV 11 LLE I GOOD191 959652170 1399 20 04/01/99 RETURN TO SENDER GOODWIN 1670 FRESNO AVE OROVILLE CA 95965-4134 fjI 'ZI) I " I ; I If. 'I I ' 1 11:1 11 1 . I 1 111 . [111. 11 M46TIR 72.03774 U.S. POSTAGI! f-�141. 07k) 030 Of30 STATUS-. X] � innw!N WAYNE A En JENNIFEF� J 1IJ -11--"EE ROAD cHERC C A 9 5 9 6't* -is OROV 11 LLE I GOOD191 959652170 1399 20 04/01/99 RETURN TO SENDER GOODWIN 1670 FRESNO AVE OROVILLE CA 95965-4134 fjI 'ZI) I " I ; I If. 'I I ' 1 11:1 11 1 . I 1 111 . [111. 11 DEPARTMi* OF DEVELOPMEA, SERVICES BUTTE COUNTY UNIFORM APPLICATION airru,ti-AiN i: Agent mrormation to ne proviaea is on other sine: APPLICANT'S NAME ( If applicant is different from owner an affidavit is required) ASSESSOR'S PARCEL NUMBER: l')WIPA) A9C1 "111WAO C M I K C-_ 4// -0 7 ADDRESS: /C45 CffY, STATE & ZIP CODE:' 'FILENUMBE (FOR OFFICE USE) SC> 0U_/,y 'r / 24V SSSS _5- '�' & (=7 P NAME OF PROPOSED PROJECT(Ifany) A TELEPHONE (536) S3 q - (;-24) LOCATION OF PROJECT ( Major cross streets and Address, if any GENERAL INFORMATION REQUIRED OWNER'S NAME N ADDRESS: CITY, STATE & ZIP CODE: L/7 -TO Pu*o Cite" 1 0 C -IF ZONE GENERAL PLAN STING LAND USE SlT`ESIZE (in Squ Feet A Ai - P,,s. -L t 33 EXISTING STRUCTURES ( in Square Feet) PROPOSED STRUCTURES (in Square Feet) aZI (0fiUMt- (Check One) (Check On.) E3 PROPERTY IS OR PROPOSED TO BE SEWERED C3 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 11 . . . . . . . . . . . AFFLICAMON REQUES' rED [3 GENERAL PLAN AMENDMENT [3 TENTATIVE SUBDIVISION MAP [3 REZONE E3 -TENTATIVE PARCEL MAP fiM USE PERMIT E3 WAIVER OF PARCEL MAP [3 MINOR USE PERMIT E3 1 BOUNDARY, LINE MODIFICATION 0 VARIANCE [3 LEGAL LOT DETERMINATION E3 MINOR VARIANCE [3 CERTIFICATE OF MERGER ❑ ADMINISTRATIVE PERMIT [3 MINING AND RECLAMATION PLAN E3 DEVELOPMENT AGREEMENT 1:3 OTHER PROJECT DESCRIP'nON N, P"R FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division describe the number and size of parcels.) ROM FER 091999 orovm , VC1i Z OWNER CERTIFICATION I CERTIFY THAT I 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=TIFY THATAlA OF THE ABOVE INFORMATION IS TRUE AND ACCURATE (If an agent is to be authorized, execute an affidavit of authorization I de e vit with this application.) DATE: SIGNATURE: 2- dy AGENTAUTHORIZA*N To Butte County, Department of Development Services; • si Lw4A a%S r sGi2y o /M4 Print Name of Agent and Phone Number ` aT 7 Mailing Address is hereby authorized to process this applicatio for: 4011=, ��2�H/ r on my property, identified as Butte County Assessor Parcel Number: Y/—O %-4' This Authorization allows representation for all applications, hearings, appeals, etc. and to sign all documents necessary for said processing, but not including document(s) relating to title interest. • Owrier(s) of Record: (sign and print�name)� Print Nath /� Print Nance Si Signature Architect and/or Engineer: c,57l x' IL0 4 U.)VV •S�rJ2v �y /D�/� Print Name of AruhiteLVEngineer and Phone Number 5q 3 7 814.01— 04141e d12 0 21wisr /.¢ Maifing Address Current fee for this application is $ as of Make check payable to `Butte County Treasurer". Payment of the currently required Application Fee and/or Deposit (Any unused portion of a deposit) will be returned upon final action. FOR OFFICE USE ONLY , Taken by Date Received: Total Amount Received: Receipt No. Planning E.H. Land Dev. Fire Dept. AP Number(s) _ Legal Description Owners Authorization _ Zoning Requirements Project Description Copies of Plot Plan General Information: 1. 3. COUNTY OF BUTTE ENVIRONMENTAL INFORMATION FORM (To be Completed By Project Applicant) Date Filed ayl'ow /11CY,4C/C Address of project: fV G Z P G/TG�O.C=7 4WiM Assessor's Parcel Number: al —0 ?— C*AG Name, address, and telephone number of person to be contacted concerning this project: 4. 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: A/y 5. Existing general plan designation: 6. Existing zoning district: 7. How is land currently used? 8. Proposed use of site (Project for which this form is filed): Project Description: 9. Site size: X /00 (Acres/Sq. Feet) 10. Off-street parking spaces: Full size: Compact: Total: 11. Plans attached Yes No _ 12. Proposed development schedule 13. Associated projects%D 14. Anticipated incremental or phased development X -J2":- Attach description of project containing the following information: 15. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type o- household size expected. 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of salEs area and loading facilities. 17. If industrial, indicate type, estimated employment per shift, and loading facilities. planning Division ❑ Butte County Department of Development Services 0 Planning [FORr39 1999 ®rov't91®,Cardornia 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loadiig facilities, and community benefits to be derived from the project. 19. If the project involves a variance, conditional use, rezoning application, or any development permits, state this and indicate clearly why the application is required. If permits have already been issued, please attach as Exhibit Are the following items applicable to the project or its effects? Discuss below all items checkad yes (attach additional sheets as necessary). YES 20. Change in existing features of any hills, buttes, canyons or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or roads. 22. Change in pattern or character of general area of project. _ 23. Significant amounts of solid waste or litter. _ 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in bay, lake, river, stream or ground water quality or quantity, or alteration of existing drainage patterns. _ 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slopes of 10 percent or more. 28. Use of, or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc. including special districts). _ 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. _ ❑ Butte County Department of Development Services 0 Planning Division ❑ 2 f,L7 0 Environmental Setting: (Attach brief description) 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the fractures. Attach photogr hs of�he site. Snapsh is or P amid photos will be accepted. GprtJt.oT%�/GC ^ SCrt�`J �ilclsff 1%/2695 33. Describe the surrounding properties, including information on plants and 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.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. 1-0 & WA, A" f $M46e_S — O PS SAICC Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date Signature for ,L K:\FORMS\SUBMITTAL\ENV-INFO ❑ Butte County Department of Development Services ❑ Planning Division ❑ 3 .7777 DgTE RECEIPT TOTgL PUBLIC NO. RECEIVfiD WORKS LAFCO U6fi VARIgNG ES PU BLIG 20NING ENV OTNCR PERMIT6 DOCUMENT. NEALTN OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING DATE RECEIPT TOTAL . .`�:: a.-.:.: ..-.J ..'' ::- ...:::'•�,. �. PUBLIC USE - •' I - NO. 'RECEIVED WORKS LAFCO VARIANCES PUBLIC PERMITS DOCUMENT. ZONING ENV O NEALTN T.E. OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING APPLICANT RECEIVED FROM RECEIPT 16998 F APPLICANT RECEIVED FROM RECEIPT 16997 na4lzj �/// ��/ ISSUED BY 1"AI I 'i�(��LLKKKtV1YYY �%r �� EL: 041 070 046 000 STATUS: ` AC EL: 041 070 021 000 STATUS: �C MCWHERTER JACK & PDLLY LENHOFF JAMES & DONNA ETAL 4220 CHEROKEE RD 10G4 MONTGOMERY ST OROVILLE CA 95965 OROVILLE CA 95965 EL: 041 060 089 000 STATUS: AC EL: 041 070 030 000 STATUS: AC WHITE IRENE C ETAL GOODWIN WAYNE A & JENNIFER J LIPTRAP EVELYN 13822 HWY 99N . (� � i ( 4191 CHEROKEE ROAD CHICO CA 95973' OROVILLE CA 95965 EL: 04t 060 130 000 STATUS: AC EL: 041 070 031 000 STATUS: A� LEEN M NELS ETAL ' TRUJILLO EDMUND & ELIZABETH LEEN JERRY I 460 W EAST AVE 838 NANCY LN CHICO CA 95926 CHICO CA 95926 EL: 041 070 002 000 STATUS: AC EL: 041 070 042 000 STATUS: AC STEPHENS GOLDA SS MARTIN ROBERT W & ELAINE 4338 CHEROKEE RD 3674 SMITH ST OROVILLE CA 95965 UNION CITY CA 94587 EL: 041 070 004 000 STATUS: AC EL: 041 070 047000 STATUS: AC DEADMORE RAYMOND J & ELSIE C JT STEPHENS GOLDA 4314 CHEROKEE RD 4338 CHEROKEE RD OROVILLE CA 95966 OROVILLE CA 95965 EL: 041 070 010 000 STATUS: AC COLE HAROLD V 2235 LA VERNA AVE LOS ANGELES CA 90041 EL: 041 070 0l1 000 STATUS: AC BELCHER D K 1084 MONTGOMERY OROVILLE CA 95965 E�: 041 070 016 000 STATUS: AC APNOLD ROBERT L & REBECCA 4331 CHEROKEE RD OR5VILLE CA 95965 ri EL: 041 330 029 000 STATUS: AC MELLUISH KATHLYN E & ROBERT ETAL ( C/O GONZALES JOSEPH F 23201 MCKEAN ROAD SAN JOSE CA 95141 ' EL: 041 330 059 000 STATUS: AC VERTREE5 TRUST VERTREES WILLIAM T SR & SALLY L 7 P O BOX 1541 PARADISE CA 95967 Opinion No. 99-144 .eV re INTER -DEPARTMENTAL MEMORANDUM OFFICE OF BUTTE COUNTY COUNSEL TO: Randy Wilson, Senior Planner BY: Robert W. MacKenzie, Chief Deputy County Counsel �✓ SUBJECT: Application of Ordinance Number 3535 to Proposed Union Pacific Wireless Communications Facility DATE: October 19, 1999 You recently asked in writing for a written opinion concerning whether the moratorium on wireless communications facilities imposed under the County's current interim ordinance is applicable to a wireless communicat-ons tower and antenna proposed by Union Pacific Railroad Company. Your memo indicated that Union Pacific had applied for a building permit to construct a 60 -foot tower and 20 -foot antenna in the Cherokee area near Highway 70, after the Planning Commission had approved a use permit for the facility. The answer to your question is an unequivocal "yes." The interim ordinance's moratorium applies to the following: ...all visible communications facilities for the transmission and/or reception of wireless radio, television, and other telecommunication signals, including but not limited to commercial wireless communications services (personal communication, cellular and paging) including, without limitation, antennae, masts, poles, towers, structures, buildings, additions to existing antennae, masts, poles, towers, structures, or buildings... It is apparent from the materials attached to the written request which you sent me that the facility in question has been proposed for the purpose of providing/improving radio communications along the Feather River Canyon rail line. Thus, the facility fits under the definition of wireless communications facilities in the interim ordinance. As you know, the interim ordinance imposes a temporary moratorium on the installation of wireless communications facilities in certain areas of: the County, effective until January 13, 2000. If Union Pacific's proposed facility is in one of those areas, it will not be permissible to install it until after the interim ordinance is superseded by another ordinance or until after January 13, 2000, whichever occurs first. If you have any further questions, or if I can be.of further assistance, please contact me. rwm:wilson RECEIVED NOV 18 1999 BUTTE COUNTY PLANNING DIVISION OCT ^ ; '� ? L §ices Date 07/06/99 Development Department ! ' Time 10:56 am Applicant Billing Worksheet Page 1 UP 99-15 * Union Pacific Railroad Attn: Mike Guyer 2985 South 5th Avenue .Oroville, CA 95965 In reference to UP 99-15 Rounding None Full Precision No Last bill / / Last aging Last charge. 06/11/99 Last payment / / Amount $0.00 Date/Slip# Description HOURS/RATE' AMOUNT TOTAL 02/08/99 Teri B. / C 1.00 34.00 #21588 Clerical 34.00 02/08/99 Teri B. / C 1.00 34.00 #21593 Clerical 34.00 02/22/99 Steve B. / P 3.25 191.75 • 421785 Processing 59.00 02/22/99 Steve L. / LR 0.25 14.75 #21901 LAFCo Review 59.00, - 02/22/99 Larry P. / P 1.25 73.75 #22056 Processing 59.00 03/08/99 Randy W. / P 0.25 14.75 #22283 Processing 59.00 03/22/99 Steve B. / P 2.50 147.50 , #22392 Processing 59.00 04/05/99 Steve B. / P 2.25 132.75 #22576 Processing 59.00 04/05/99 Lynn R. / C 2.00 90.00 422716 Clerical 45.00 04/19/99 Lynn R. / C 1.00 45.00 422910 Clerical 45.00 04/19/99,Teri B. / C 0.50 17.00 422939 Clerical 34.00 05/31/99 Teri B. / C 0.50 17.00 423677 Clerical 34.00 Date 07/06/99 Development S•ices Department • Time 10:56 am Applicant Billing Worksheet Page 2 UP 99-15 * :Union Pacific Railroad (continued) TOTAL BILLABLE TIME CHARGES .15.75 $812.25 TOTAL BILLABLE COSTS $0.00 TOTAL NEW CHARGES $812.25 PAYMENTS/REFUNDS/CREDITS 02/09/99 Deposit - Receipt #16981 (700.00) 07/06/99 Deposit - Receipt #17689 (112.25) TOTAL PAYMENTS/REFUNDS/CREDITS NEW BALANCE TOTAL NEW BALANCE ($812.25) $0.00 . Commw LAND OF NATURAL WEALTH AND BEAUTY DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530)538-7785 www.buttecounty.net June 15, 1999 Union Pacific Railroad Attn: Mike Guyer 2985 South 5th Avenue Oroville, CA 95965 - RE: Use Permit, File No. UP 99-15 Dear Mr. Guyer: The total cost for the processing of the above -referenced application which was approved by the Planning Commission on April 22, 1999, is $812.25. As of February 9, 1999, a deposit was made in the amount of $700.00. The costs exceeded the deposits by $112.25. Below is a breakdown: Deposit on 2-9-99, Receipt No. 16981 $700.00 Professional Planner $501.50 Mapping $ •73.75 Clerical $237.00 Total $812.25 Total Amount Due & Payable $112.25 Please make a check payable to the Butte County Treasurer in the amount of $112.25 and remit it to the Department of Development Services, Planning Division at 7 County Center Drive, Oroville, CA 95965 within 30 calendar days. Should you have any questions, please contact Brian Larsen in this office Monday thru Friday, 8:00 a.m. to 4:00 p.m., at 538-7601. Sincerely, Thomas A. Parilo Director of Development Services TAP: jb ■Complete items 1 and/or 2 for additional services. ■Complete items 3,4a, and 4b. ■ Print your name and address on the reverse of this form so that we can return this card.to you. ■Attach this form to the front of the mailpiece, or on the baj:k if 'space does not permit. ■Write'Return Receipt Requested' on the mailpiece below the article number. ■The Return Receipt will show to whom the article was delivered and the date delivered. 3. Article Addressed to: Union Pacific Railroad 2-385 ,South 5th Ave. 1- ovklle, Chi 95965 IIP 99-15 Name) X W4nt4M L)Q .% PS Form 3811, December 1994 I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. 4a. Article Number ❑ Registered [X Certified ❑ Express Mail ❑ Insured ❑ Retum Receipt for Merchandise ❑ COD 7 rhtn of r).Hunv_ _ 8. Addressee's Address and fee is paid) iry First -Class Mail UNITED STATES POSTAL SERVICE11111 Postage & Fees Paid USPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • COUNTY OF BUTTE DEPARTMENT OF NFVB MENT SERVICES PLANNING MON o L A N D O F NATURAL WEALTH AND BEAUTY ,�. `1� PLANNING DIVISION nay M;? `;, : ;,•', DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530)538-7785 www.buttecounty.net June 2, 1999 _ Union Pacific. Railroad, Mike Guyer 2985 South 5th Ave. Oroville, CA 95965 Re: Use Permit, AP 041-070-046 & 041-330-035 Dear Gentlemen: Enclosed is your validated Use Permit No. UP 99-15 to allow Use Permit for a communications facility and a 100 foot tower for use by the Union Pacific Railroad. Should you have any questions regarding this matter, please contact this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, P 796-163 283 M -dmCertified Mail Receipt Thomas A. Parilo Director of Development Services c Teri Bridenhagen Office Assistant III Enc. cc: Land Development Division Building Division Environmental Health Department of Forestry j:\temp\up7 No Insurance Coverage Provided Do not use for International Mail on.5 (See Reverse) Sent to Union Pacific Railroad street & No. 2985 South 5th Ave. P.O., Stata & ZIP Code Oroville, CA 95965 Postage Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing rn to Whom & Date Delivered to Return Receipt Showing to Whom, CR Date, & Address of Delivery C TOTAL Postage p & Fees coPostmark or Date M E LL 06-03-99 a USE PERMIT BUTTE COUNTY PLANNING COMMISSION w JUN 2 1999 DATE: (Certified Mail Rec.) UP 99-15 PERMIT NO. 041-070-046 & 041-330-035 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Union Pacific Railroad is hereby granted a Use.Permit in accordance with application filed: Use Permit to allow a 60 -foot pole tower, a 20-f6ot vertical antenna, and a communications shelter. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of 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. 24-45.65. 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 permit must be established within 24 months of the delivery of the countersigned permit to the Permittee. 3. 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. 4. 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. 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. CONDITIONS OF APPROVAL The tower shall not exceed sixty (60) feet in height and shall be of a pole design as shown in Exhibit D in the staff report. Only one (1) vertical antenna no greater than twenty (20) feet tall shall be placed on the tower. Any change in the type of tower, any increase in the height of the tower, or any additional antennas placed on the tower shall require a new Use Permit z N M application to be submitted to the Planning Division and approved by the Planning Commission. 2. The location of the tower and communications shelter shall be in compliance with the building setback requirements of the County Zoning Ordinance. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. 4. All facilities that are not in continual use for a period of six months shall be removed from the site. The site shall be restored to its original condition or use. 5. 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. 6. Prior to the issuance of building permits obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. 7. Prior to issuance of a building permit, the applicant shall contact the Department of Public Works to determine if a grading permit is necessary and obtain a grading permit, if required. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: JI' ' S' `� ALZ Applicant NOTE: Issuance of this Use Permit does not waive ',rement ofAo taini Department permits before starting construc ' , no oe it wave, of e CC: Land Development Division Building Division Environmental Health Division Fire Department/CDF County Planning Commission Chairman and Health DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Union Pacific Railroad, Mike Guyer 2985 South 5th Ave. Oroville, CA 95965 (530) 532-6212 FILING NO. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION () A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee (X) B. De Minimus Impact - Certificate of Fee Exemption $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED () A. Negative Declaration $1,250 State Filing Fee $25.00 Clerk's Documentary Handling Fee () B. Environmental Impact Report $850 State Filing Fee $25.00 Clerk's Documentary Handling Fee 3. O OTHER (Specify) $25.00 Clerk's Documentary Handling Fee `PAYMENT / NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s). 2. () NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Randy Wilson Title: Principal Planner Lead Agency: Butte County Department of Development Services Date: 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. CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FILING FEE EXEMPTION De Minimis Impact Finding (Fish and Game Code Sec. 711.4; Section 753.5c, Title 14; California Code of Regulations) Project Title / Butte County Location: UP 99-15, on the west side of Cherokee Road, west of the intersection of President Hayes Lane and Cherokee Road, Cherokee Project Description: Use Permit for a communications facility and a 100'foot tower for use by the Union Pacific Railroad Findings of Exemption (attach as necessary): 1. The county of Butte has conducted an initial study and prepared a (Negative Declaration or Enviornmental -Impact) so as to evaluate the potential of this project for adverse environmental impact: 2. When considering the record as a whole, there is no evidence before the County that the project will have potential for an adverse impact on wildlife resources or the habitat upon which the wildlife depends. 3. The County of Butte has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of Regulations, if applicable. 4. The project is hereby found to be de minimis in its -effect on wildlife and exempt from the State Fish and Game filing fees required by Section 711.4 of the Fish and Game Code. Certification: I hereby certify that the County of Butte has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources; as defined in Section 711.2 of the Fish and Game Code. am By: Randy Wilson, Principal Planner Lead Agency: County of Butte Date: NOTICE OF DETERMINATION TO: _ Office of Plan.& Research Dept. 1400 Tenth Street Sacramento, CA 95814 X Butte County Clerk FROM: Butte County Planning 7 County Center Dr., Oroville 95965 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: UP 99-15, Use Permit AP Number: 041-070-046 & 041-330-035 Applicant: Union Pacific Railroad, Mike Guyer, 2985 South 5th Ave., Oroville, CA 95965 State Clearinghouse Number (If submitted to clearinghouse): . Contact Person: Stephen Betts Telephone Number: 538-7601 Project Location: on the west side of Cherokee Road, west of the intersection of President Hayes Lane and Cherokee Road, Cherokee Project Description: Use Permit for a communications facility and a 100 foot tower for use by the Union Pacific Railroad This is to advise that the Butte County Planning Commission has approved the above-described project on April 22, 1999, and has made the following determinations regarding the above-described project: 1. The project will, _X_ will not, have a significant effect on the environment. 4 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. _X_ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures were, _X . were not, made a condition of the approval of the project. 4. A statement of overriding considerations was, _X_ was not, adopted for this project. This is to certify that the final EIR with comments and responses and record of project approval is available to the general public at: Date received for filing and posting at OPR Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 Randy Wilson Principal Planner I - S89 -57-42"W 100.00' I S00'02'18"E 60.00' W 1/4 COR SEC. 28 N89,57'42E 249.95' S00'02'I S"E — � NE957'42"E 40.00' 100.00' LOCATION- MAP N.T.S. APN 41-33-35 60' ACCESS EASEMENT. AND EXISTING ROAD N00'02'18"W,30.00' N89'57'42'E,498.62' SCALE: 1" = 100' 1 < < i PLAT Or EASEMENT APPROVED FOR Development Plan DATE JUN «2 ]999 UNION PACIr 1 R. R. '11-11'VARIANCE A PORTION OF THE WEST'1/2, OF USE PERMIT ..+.. SEC. 28, T. 21 N.. R. 4 E., M.D.M. MINOR U•P••---►ADM-PERMIT PREPARED BY �,,,� ANNING COMMISS. SIERRA WEST SURVEYING �6�RR}�'� PL��� ion DIRECTOR Of 5437 BLACK OLIVE OR. (530)677-6253 FEB 110 _1 �9 PARADISE, CALFORNIA 95969 DEVELOPMENT SERVICES Orovillp, Calif I -da NOVDADER. 1009 SHEET 1 OF 1 c c t07- -2Z ` i7 AOR N00'02'18"W >> 100.00 — I APN 41-07-44 I S . �.-7 i7 LOT 21 M0R �- 2s) L OROO LLf Avc- (7 MGr? APN 41-07-46. 7g) ' 1 < < i PLAT Or EASEMENT APPROVED FOR Development Plan DATE JUN «2 ]999 UNION PACIr 1 R. R. '11-11'VARIANCE A PORTION OF THE WEST'1/2, OF USE PERMIT ..+.. SEC. 28, T. 21 N.. R. 4 E., M.D.M. MINOR U•P••---►ADM-PERMIT PREPARED BY �,,,� ANNING COMMISS. SIERRA WEST SURVEYING �6�RR}�'� PL��� ion DIRECTOR Of 5437 BLACK OLIVE OR. (530)677-6253 FEB 110 _1 �9 PARADISE, CALFORNIA 95969 DEVELOPMENT SERVICES Orovillp, Calif I -da NOVDADER. 1009 SHEET 1 OF 1 c c MEMORANDUM PLANNING DEPARTMENT TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: Union Pacific Railroad, Mike Guyer, UP 99-15 DATE: June 2, 1999 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as 041-070-046 & 041-330-035, was: - Rezone from to zoning district. Granted a variance to A Issued a conditional Use Permit for a communications facility and a 100 foot tower for use by the Union Pacific Railroad, on the west side of Cherokee Road, west of the intersection of President Hayes Lane and Cherokee, Road, Cherokee,U (Unclassified) . APPENDIX G 1. NOTICE IS HEREBY GIVEN that the project described below has been reviewed pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code 21100, et. seq.) and a determination has been made that it will not have a significant effect upon the environment. Assessor's Parcel No. 041-070-046 & 041-330-035 2. NAME AND ADDRESS OF PROJECT APPLICANT: Union Pacific Railroad, Mike Guyer, 2985 South 5th Ave.,Oroville, CA 95965 3. DESCRIPTION OF PROJECT: Use Permit for a communications facility and a 100 foot tower_ for use by the Union Pacific Railroad 4. LOCATION OF PROJECT: on the west side of Cherokee Road, west of the intersection of President Hayes Lane and Cherokee Road, Cherokee 5. MITIGATION MEASURES: None 6. A copy of the initial study regarding the environmental effect of this project is on file at 7 County Center Drive, Oroville. This study was: - Adopted as presented. Adopted with changes. Specific modifications and supporting reasons are attached. 7. A public hearing on this Negative Declaration was held by the decision making body. Hearing Body: Butte County Planning Co miccion Date of Determination:rn '1.22, 1999 Determination: On the basis of the initial study of environmental impact, the information presented at hearings, comments received on the proposal and our own knowledge and independent research: X We find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION is hereby adopted. We find that the project COULD have a significant effect on the environment, but will not in this case because of attached mitigation measures described in item 5 above, which are by this reference made conditions of project approval. A conditional NEGATIVE DECLARATION is hereby adopted. Richard Leland Butte County Planning Commission Date: - /3-2T C1a LAND OF NATURAL WEALTH AND BEAUfY JPLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 April 23, 1999 FAX: (530) 538-7785 Union Pacific Railroad, Mike Guyer 2985 South 5th Ave. Oroville, CA 95965 Re: Use Permit, AP 041-070-046 & 041-330-035, UP 99-15 Dear Gentlemen: At the regular meeting of the Butte County Planning Commission held April 22, 1999, your request for a Use Permit for a communications facility and a 100 foot tower for use by the Union Pacific Railroad, was approved subject to the conditions listed on the enclosures. Please sign both copies and return both copies to this Division within 40 calendar days. Should you desire to appeal any of the conditions imposed by the Planning Commission, you must do so in writing, to the Clerk of the Board of Supervisors, 25 County Center Drive, Oroville, California, prior to 5:00 p.m., Monday, May 3, 1999. The appeal fee of $50.00 must be paid at that time. If you do not appeal and if there are no other appeal within the 10 calendar -day appeal period, the action of the Planning Commission is final. A Notice of Determination (NOD) should be filed for purpose of completing the California environmental quality Act requirements. The fee for filing the NOD is a $25.00 document handling fee. A check made payable to the Butte County Treasurer in the amount of $25.00 should be submitted to the Planning Division in order to complete the process. Please be aware that failure to return the signed copies within 40 calendar days will invalidate the Planning Commission's approval. Re-application to this Division would then be necessary. The Use Permit is deemed granted when the enclosures have been signed by the applicant, with the counter signature of the Chairman of the Planning Commission, and said permit is received by the applicant by registered mail. 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 Stephen Betts at this office between 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Q Q ���'r�,.. isrl�� Lynn Richardson Planning Administrative Support Service Assistant /lr cc: Sierra West Surveying April 14, 1999 Union Pacific Railroad, Mike Guyer 2985 South 5th Ave. Oroville, CA 95965 LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Re: Use Permit, AP 041-070-046 & 041-330-035, UP 99-15 Dear Gentlemen: Enclosed is a copy of the Agenda Report concerning your application for a Use Permit for a communications facility and a 100 foot tower for use by the Union Pacific Railroad on the west side of Cherokee Road, west of the intersection of President Hayes Lane and Cherokee Road, Cherokee. Should you have any concerns with the report or conditions of approval, please contact us in advance of the meeting so that we may work together to resolve your concerns. A public hearing has been set for April 22, 1999, at 9:00 a.m. This meeting will be held in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. Should you have any questions regarding this matter, please contact Stephen Betts of this office at 538-7601, between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Sincerely, Lynn Richardson Planning Administrative Support Service Assistant Enc. cc: Sierra West Surveying j Awpdocs\pclts\schedule.mrg m BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT - April 22, 1999 Applicant: Union Pacific Railroad Zone date: 01-06-86 File #: UP 99-15 Supervisor District: 1 Request: Use Permit for a 60 -foot tower, 20 -foot vertical Project antenna and a Planner: Stephen Betts communications shelter for use by the Union Pacific Applicable Railroad Regulations: Butte County Code Sections 24-45 - Use Permits; 24- G.P.: Agricultural -Residential 230.C.2 - (U Zone) - Use Permit required for a Zoning: U (Unclassified) commercial use. APN: 041-070-046 & 041-33.0-035 Attachments: A: Conditions of Approval Location: On the west side of Cherokee B. Vicinity Map . Road, west of the intersection C: General Plan/Zoning Map of President Hayes Lane and D: Tower Illustration Cherokee Road, Cherokee. E: Initial Study F: Site Plan Parcel Size: 33 acres STAFF COMMENT Staff recommends approval of this project with conditions. PROJECT DESCRIPTION/SITE CHARACTERISTICS This application is for a Use Permit to allow a 60 -foot tower with a 20 -foot antenna and a communications shelter (hereafter referred to as "communications facility") for use by the Union Pacific Railroad. The project site is 33 acres in size, but the communications facility will utilize approximately 500 sq. ft. Access to the site is via a private road off of Cherokee Road. The communications facility consists of a concrete pad, a 77 sq. ft. communications shelter, a 60 -foot tall pole tower with a 20 -foot tall vertical antenna, and a road access. The overall height of the tower and antenna will be 80 feet. The communications facility will provide radio repeater service for data communications at trackside. The tower will be a small -diameter pole -type tower, which is designed to tilt over. The transmitter will emit 5 watts of power. The communications shelter will contain Ar Butte County Department of Development Services Agenda Report Ar Page 1 Ar radio transceivers, power supplies, and backup batteries. A light is proposed to be placed above the shelter door. No fencing is proposed to be placed around the facility. The communications facility will be unmanned and does not require a water supply or a sewage disposal system. , The project site has been developed with a single-family dwelling and several accessory structures. Horses are kept on the property. The project site is on a sloping ridgetop, with an average slope of approximately 30%. Vegetation on the site consists of a large amount of brush and scattered pine and oak trees. Surrounding parcels range is size from .25 to 133 acres. Land, uses on these parcels are rural residential and livestock grazing. ANALYSIS: The Unclassified zoning district allows commercial uses with a Use Permit. The communications facility is consistent with the Butte County General Plan Agricultural -Residential land use designation as a Secondary Use. The communications facility will not generate any noise, odors, fumes, or any significant amounts of light. The project will cause a very minor increase in vehicle traffic during construction, but this is not anticipated to cause any impacts due to the limited amount of construction activity that will be necessary to install the facility. After construction, the applicant will conduct approximately one visit to the site per month: - The proposed pole tower will be visible from Highway 70. The tower has a very small diameter and will not be highly visible from Highway 70 or nearby parcels. Only one 20 -foot high vertical antenna will be placed on top of the tower. As viewed from Highway 70, the majority of the pole and antenna will be located below the skyline of the hill. behind it and will blend in with the vegetation on the site. It is not anticipated that the pole tower will be seen from Cherokee Road due to the intervening hill. Obstruction lights are not proposed to be placed on the tower and the tower is not proposed to be painted with high visibility paint. No lights or high visibility paint are recommended, but the Planning Commission may wish to condition the project to require these improvements. This project did not go before the Butte County Airport Land Use Commission because the project site is not located within an airport area of influence. The Environmental Health Division did not recommend any conditions for this project. The Public Works Department requests that encroachment permits be obtained for all new or existing driveway approaches and constructed to County standards. The Butte County Fire Department/ CDF requests that the installation of structures on the parcel comply with the latest California Fire Safe Regulations (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations. Ar Butte County Department of Development Services Agenda Report s Page 2 AF ACTIONS FOR CONSIDERATION Staff recommends that the Planning Commission take the following actions: Adopt a Negative Declaration with the following findings: . A. Find that- an Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified potential significant environmental effects and includes mitigation measures that would mitigate such effects below significant levels; - B. The Planning Commission has independently reviewed, analyzed and considered the proposed Negative Declaration with mitigation measures prior to making its decision on the project, and hereby finds that the Negative Declaration with mitigation measures reduces impacts below levels of significance and reflects the independent judgement of Butte County. II. This project will not have an impact to fish and/or wildlife habitat, and fees are not required pursuant to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753.5. III. Approve the Use Permit, UP 99-15, for Union Pacific Railroad, subject to the conditions found in Exhibit A and subject to the following findings: A. The proposed use 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 property, or detrimental to the health, safety and general welfare of the persons residing or working in the neighborhood, or to the general health, welfare and safety of the County because: The communications facility will not result in a significant increase in vehicle traffic in the project area: 2. The communications facility will not cause a significant increase in noise or light levels, and will not create any odors or fumes. The communications facility will not be highly visible from Highway 70 or from adjacent parcels due to the low profile of the tower and antenna. B. The. project is consistent with the Unclassified zone which allows commercial uses with a Use Permit, and is consistent with Agricultural -Residential General Plan land use designation which allows utilities as a Secondary Use. K:\PROJECTS\UPC\UNIONPAC.UP\UNIONPAC.RPT Ar Butte County Department of Development Services Agenda Report z Page 3 Ar EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP 99-15 PERMIT NO. 041-070-046 & 041-330-035 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Union Pacific Railroad is hereby granted a Use Permit in accordance with application filed: Use Permit to allow a 60 -foot pole tower, a 20 -foot vertical antenna, and a communications shelter. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of 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. 24-45.65. 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 permit must be established within 24 months of the delivery of the countersigned permit to the Permittee. 3. 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. 4. 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. 5. 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. Ar Butte County Department of Development Services Agenda Report m Page 4 z CONDITIONS OF APPROVAL Planning Division The tower shall not exceed sixty (60) feet in height and shall be of a pole design as shown in Exhibit D in the staff report. Only one (1) vertical antenna no greater than twenty (20) feet tall shall be placed on the tower. Any change in the type of tower, any increase in the height of the tower, or any additional antennas placed on the tower shall require a new Use Permit application to be submitted to the Planning Division and approved by the Planning Commission. 2. The location of the tower and communications shelter shall be in compliance with the building setback requirements of the County Zoning Ordinance. 3. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. Fire Department 4. 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. Public Works 5. Prior to the issuance of building permits obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman Ar Butte County Department of Development Services Agenda Report jr Page 5 jr CC: Land Development Division Building Division Environmental Health Division Fire Department/CDF L� Ar Butte County Department of Development Services Agenda Report z Page 6 �.Iv,r v ' ' Vicinity Map Project Location � '• , � f ( ',.� � , is D am-Pe R! r r tv .-.. a Rq a .. - ---- !!: .... i• /�, f ; ; l UP 99-15 APN 041-070-046 A 041-330-035 �p ,+d m 1� as U � Jor m d Project Location mi° �$o, a patt rson lane " Peridot 1 U yba Road BUTTE COUNTY PLANNING CONMUSSION N Applicant: Union Pacific Railroad Owner: Jack McWherter Hearing Date: April 22, 1999 @ 9:00 a.m. Eidsting Zone: U (Unclassified) Request: Minor Use Permit to allow a communications facility and a 100 & tower for Union Pacific Railroad. No Scale Assessor Parcel No: 041-070-045 & 041-330-0351e::99-15 FEB 9'99 13:47 FR UPRR-COMM-POCATELLO 2082365330 TO 87895196 In �t� y� �✓� • SOUD STEEL CONSTRUCTION P MEANS SOLID CORROSION PROTECTION. ` Meets or exceeds latest EIA i criteria. fell4(MIg OV!$400 4 • HOT -DIP GALVANIZATION ' U 1999 Zinc coating on all hardware components meet 4nd and AGS standards. IND FORCE .Western's fold over. towers er w )m WINU eats ery tar rds grlicomes with ci, , ` " earFv�c anly ori bor als. • MPER-.RESIS ND �.O1�0�1� ERI ;�_ VM AL F• ��:�:r-- = -� „�,..-tower I- ed I"nto position " d_padlock to prevent` " uthorized lowering. _ EASE OF MAINTENANCE Iowe�'can be -folded down safqry with minimum effort for. -servicing coax, antenna, radio or other devices. �• Y "+►` ' •-PREFABRICATED FOUNDATION '' ,'•r :Bugt-Ingrounding easily r.,s_ InstgUed or removed to allow rapid. installation or relocation. ;:✓. _ A n reatypes of foundations avbllable'. steel tube, pre -cast We. e, poured concrete. NUNifRQUS APPLICATIONS n -b4' used In applications such spread spectrum , ,: io 7;�.�1 � ` iactjo.,oFwa 'slde control site ..' .. • c`'� . �: ' i ..y .'.forATCS, '•~x: c�;�. .n 11ITE D l]ABILITY .A • r . �„� Not an -attractive, attractive, nuisance. �Fencing not required V&ERt!;. ,O i/ERS. - Inmost applications. ' P. 01/01 6 573 ? ** TOTAL PAGE . 001 ** FEB 09 1999 12:03 UPRP-COMM-POCATFLLO PAGE.01 1 91-66:allq S£0-0££-1b0 W 9VO-OLO-Ib0 :ox Iaalud lossassV 81 5 ON ogioBd aoiufl ion iamol 4 OOI g pue Am�e3 suog8o�nctmuioo 8 to IF ca 3�d asn I ulw :panbam N (pagisseloun) n :auoz Sumpla M'v 00:6 Cn 6661 `ZZ PJdV MVG SURVag JOU3%3W 3109f :Jaubp puomgg ogiond uolun :;ueonddd MOISSIL1M03 OAIININrvr'Id A.LNaOJ :4JLJng 0, 41 i 4 W 1/4 COR SEC. 28 ) S80057'42"W 00.00' SOO'02'18"E . 80.40 N89*57'4ZE �t -= 249.95' S00'02'1 WE 40.00' LOCATION- MAP N.T.S. APN 41-33-35 r N 00'02'18' %1;30.00' 60' ACCESS EASEMENT, AND EXISTING ROAD SCALE: 1" ='100' --.-..-....-.._.._ - %p kA 1 I >� o a'� MDT 22 e1 N&9'57 42 E N00'02 18 W i F 7.9) f 100.00' 100.00' APN 41-07=44 i _ 3,S . i7 LOT 27 MOR 79) r � 1 OJ?OV7;,� AVE (7 MOR APN 41-0i'-46 s 79 J ` ) . t• / . r PLAT OF EASEMENT , FOR -- �- o UNION PACIFIC R.R. <EE R. 4 EWEST ?M.D.M. SEP028,0T. 21 N.,N OF R. / J � J PREPARED BY Planning Division _ SIERRA' NEST SURVEYING 5,437 BLACK OLIVE OR. (530)877-6253 FEB 0 9 1999 PARADISE, CALIFORNIA 95969 - orowie, California NOVEMBER, 1998 SHEET 1 OF 1 i ` S8957'42" W 100.00' S00'02'18"E 80.00' �- W 1/4 COR SEC. 28 APN 41-33-35 N00'02'18"W,30.00' N84'57' 60' ACCESS EASEMENT, AND EXISTING ROAD SCALE: 1" 100' L N89'57'42'E__.-- 249.95' S00'02'18"E 40.00' I LOCATION MAP N.T.S. • j� � f PLAT OF EASEMENT FOR UNION PACIFIC R.R. A PORTION OF THE WEST 1/2, OF SEC. 28, T. 21 N., R. 4 E., M.D.M. Planning Division PREPARED BY FEB 0 9 9999 SIERRA' WEST SURVEYING 5437 BLACK OLIVE OR. (530)877-62�r0VIIIe CaIlfOrdJ8 PARADISE, CALIFORNIA 95969 NOVEMBER, 1998 SHEET 1 OF 1 �. �. o '07 .2.2 T ` �._ O� ,AOR N6957'42"E N00'02'18"W ' 100.00' 100.00' APN 41-07-44 r 21 (, MO 7. OROVI..Cf APN 41-07-46 AVE (7 ILIO 79) • j� � f PLAT OF EASEMENT FOR UNION PACIFIC R.R. A PORTION OF THE WEST 1/2, OF SEC. 28, T. 21 N., R. 4 E., M.D.M. Planning Division PREPARED BY FEB 0 9 9999 SIERRA' WEST SURVEYING 5437 BLACK OLIVE OR. (530)877-62�r0VIIIe CaIlfOrdJ8 PARADISE, CALIFORNIA 95969 NOVEMBER, 1998 SHEET 1 OF 1 Project: Union Pacific Railroad, File # UP 99-15 COUNTY OF BUTTE INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS I. BACKGROUND: Name of Proponent: Union Pacific Railroad (Mike Guyer) 2. Address: 2985 South 5th Ave., Oroville, CA 95965 Phone: (530) 532-6212 Name of Proposal, if applicable: 4. Type of Project: Use Permit Project Description and Location of Parcel(s): This application is for a Use Permit to allow a 60 -foot tower with a 20 -foot antenna and a communications shelter (hereafter referred to as "communications facility") for use by the Union Pacific Railroad. The site is located on the west side of Cherokee Road, west of the intersection of President Hayes Lane and Cherokee Road, Cherokee. The site is zoned U (Unclassified) and has a General Plan land use designation of Agricultural -Residential. The project site is 33 acres in size, but the communications facility will only utilize a 10,000 sq. ft. area. The communications facility consists of a concrete pad, a 77 sq. ft. communications shelter, a 60 -foot tall tower with a 20 -foot tall vertical antenna, and a road access. The overall height of the tower and antenna will be 80 feet. The communications facility will provide radio repeater service for data communications at trackside. The tower will be a small -diameter pole -type tower, which is designed to tilt over. The transmitter will emit 5 watts of power. The communications shelter will contain radio transceivers, power supplies, and backup batteries. A light is proposed to be placed above the shelter door. No fencing is proposed to be placed around the facility - The project site has been developed with a single-family dwelling and several accessory structures. Horses are kept on the property. The project site is on sloping ridgetop, with an average slope of approximately 30% Elevations on the property range from 1,120 feet to 1,340 feet above sea level. Vegetation on the site consists of a large amount of brush, scattered pines, and scattered oak trees. The project site does not contain any water courses. Additional project description and area description can be. found in the data sheet at the end of this document. 6. Assessor's Parcel Numbers: 041-070-046 & 041-330-035 ■ Butte County Department of Development Services ■ Planning Division ■ Project: Union Pacific Railroad, File # UP 99-15 7. Date Checklist Submitted: March 22, 1999 Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): Butte County Department of Public Works H. DETERMINATION: On the basis of this initial evaluation:. ® I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. 0 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. 0 I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 0 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. 0 . I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. L4 �44 Prepared b : Stephen Betts, Associate Planner Date Reviewed by: )(andy Wilson, Principal Planner For wej�F Date ■ Butte County Department of Development Services ■ Planning Division ■ 2 0 - Project: Union Pacific Railroad, File # UP 99-15 0 M. 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. ❑ Aesthetics ❑ Biological Resources ❑ Hazards/Hazardous Materials ❑ Mineral Resources ❑ Public Services ❑ Utilities/Service Systems ❑ Agriculture Resources ❑ Air Quality ❑ Cultural Resources ❑ Geology/Soils ❑ Hydrology/Water Quality ❑ Land Use/Planning ❑ Noise ❑ Population/Housing ❑ Recreation ❑ Transportation/Traffic ❑ Mandatory Findings of Significance EVALUATION OF ENVIRONMENTAL EVIPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are . adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards, (e.g., the project will not expose sensitive receptors to pollutants based on a project -specific screening analysis.) 2) All answers must take account of the whole action involved including off-site as well as on- site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies,where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIP, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D). In this case, a brief discussion should identify the following: ■ Butte County Department of Development Services ■ Planning Division ■ 3 Project: Union Pacific Railroad, File # UP 99-15 Less Than Significant Potentially With Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact a) Earlier Analysis Used: Identify and state where they are available for review. b) Impacts Adequately Addressed: Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. C) Mitigation Measures: For effects that are "Less Than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the,impact to less than significant. IV. ENVIRONMENTAL IMPACTS: 1. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? ✓ b) Substantially damage scenic resources including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? ✓ ■ Butte County Department of Development Services ■ Planning Division ■ 4 E Project: Union Pacific Railroad, File # UP 99-15 c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? 0 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact V Response: The site is not located within a State or County designated scenic highway. The proposed tower will be visible from Highway 70, which is designated as a County scenic highway. The tower, which has a very small diameter, will not be highly visible. Only one 20 foot high vertical antenna will be placed on top of the tower. From Highway 70, the majority of the pole and antenna will be located below the skyline of the hill behind it and will blend in with the vegetation on the site. It is not anticipated that the pole will be seen from Cherokee Road due to the intervening hill. A light is proposed to be placed above the communications shelter door but this will not create a significant amount of light. This project will not affect a scenic vista or have a significant negative aesthetic effect. Mitigation Measure: None required: 2. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? V b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? ■ Butte County Department of Development Services ■ Planning Division ■ 5 E Project: Union Pacific Railroad, File # UP 99-15 Potentially Significant Impact c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of farmland, to non-agricultural use? • Less Than Significant Less With Than Mitigation Significant No Incorporated Impact Impact I Response: The project site is currently not under any type of agricultural production and is not encumbered by a Williamson Act contract. Horses are kept on cleared areas of the property. The soils on the site are classified as Class VII, which are unsuitable for cultivation but are fairly well-suited for grazing (Butte County Master Environmental Assessment, Figure LU -3). The project will.not preclude livestock grazing on the site. The project will not have an impact on agricultural operations nor convert farmland to non- agricultural uses. Mitigation Measure: None required. 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality 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 air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? ■ Butte County Department of Development Services ■ Planning Division ■ 11 • Project: Union Pacific Railroad, File # UP 99-15 E Less Than Significant Potentially With Significant Mitigation Impact Incorporated e) Create objectionable odors affecting a substantial number of people? _ Less Than Significant No Impact Impact Response: The proposed communications facility will not generate any fumes or odors. The facility will not generate any fugitive dust because the site and the site access road have already been graded, and no additional grading is necessary. Mitigation Measure: None required. 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications,•on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and 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, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? ✓ c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool; coastal, etc.) through direct removal, filling, hydrological interruption, or other means? ✓ d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede ■ Butte County Department of Development Services ■ Planning Division ■ 7 0 Project: Union Pacific Railroad, File # UP 99-15 Potentially Significant Impact the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources such as a tree preservation 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 conservation plan? 0 Less Than Siccant Less With Than Mitigation Significant No Incorporated Impact Impact Response: Vegetation on the project site consists mainly of brush and scattered pine and oak trees. The facility will be installed in an area that has already been cleared of vegetation and graded. No rare or endangered animal species are found on the project site (Butte County Master Environmental Assessment). The project site does not contain any wetland habitat. The north half of the communications facility is within deer non-critical winter habitat, and the south half of the site is within a Designated Development Zone, which allows development with no special requirements. The proposed communications facility will not have any impacts on deer or their habitat. Land designated as Bald Eagle Wintering habitat is located approximately 700 feet to the north of the site, but no impacts are anticipated to this habitat (Butte County Master Environmental Assessment, Figure BIO -2). Comments concerning this project were requested from the California Department of Fish and Game, but no comments were received. This project will not have an impact to fish andlor wildlife or their habitat. The payment of fees under Public Resources Code Section 21089 and as defined by Fish and Game Code Section 711.4 is not required. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ Planning Division ■ Project: Union Pacific Railroad, File # UP 99-15 Potentially Significant Impact 5. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? _ d) Disturb any human remains, including those interred outside of formal cemeteries? 0 Less Than Significant Less With Than Mitigation Significant No Incorporated Impact Impact Response: The project site is located in a general area characterized as having a low archeological sensitivity (Butte County Archaeological Sensitivity Map). There are several historic sites located in nearby Cherokee, but there are no known historic structures on the project site. The project is not anticipated to uncover any historic or prehistoric resources. Mitigation Measure: None required. 6. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1) Rupture of a known earth- quake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other sub- stantial evidence of a known fault? ■ Butte County Department of Development Services ■ Planning Division ■ D Project: Union Pacific Railroad, File # UP 99-15 Less Than Significant Less Potentially With Than Significant Mitigation Significant Impact Incorporated Impact Refer to Division of Mines and Geology Special Publication 42. 2) Strong seismic ground Shaking? ✓ 3) Seismic -related ground failure, including liquefaction? 4) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become Unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? _ d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating sub- stantial risks to life or property? _ e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal or waste water? No Impact ✓ Response: All of Butte County is in a Moderate Earthquake Intensity Zone VIII (Butte County Seismic Safety Element Map). An inferred fault is located approximately 3, 000 feet to the west of the site. Construction of the communications facility to Uniform Building Code seismic standards is "required to address seismic activity. ■ Butte County Department of Development Services ■ Planning Division' ■ 10 0 Project: Union Pacific Railroad, File # UP 99-15 Less Than Significant Potentially With Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact The project site is located in an area that has a high erosion potential on moderate to steep slopes (Butte County Soil Constraints maps). The area.where the communications facility will be located has already been cleared and graded as has the road leading to the site. The project is not anticipated to cause a significant increase in erosion. The soils in the project area are considered to have a low expansive potential. The soils are also considered to have moderate landslide potential in areas of steeper slopes (Butte County Soils Constraints Map). The site has no unique geologic or physical features that will be impacted by the proposed communications facility. The communications facility will not require a sewage disposal system. Mitigation Measure: None required. 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-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, would it create a significant hazard to the public or the environment? ■ Butte County Department of Development Services ■ Planning Division ■ 11 lJ Project: Union Pacific Railroad, File # UP 99-15 h) Expose people or structures to a .significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? ✓ Response: The proposed communications facility will not involve the use of any hazardous materials. The project will not expose people to a wildfire, but the communications facility could be at risk if a wildfire happens on the site. The facility is required to meet the standards of Public Resource Code 4290, which includes the clearing of vegetation within 30 feet of any structure. This action will help to reduce the chance of a wildfire destroying the facility. The communications facility will emit S watts of power from the vertical antenna on top of the tower. This is a very low power level, and no impacts will occur to nearby residents. The project site is not located near any public airport or private air strip. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ Planning Division ■ 12 Less Than :Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated , . Impact Impact e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? ✓ f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? ✓ g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? ✓ h) Expose people or structures to a .significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? ✓ Response: The proposed communications facility will not involve the use of any hazardous materials. The project will not expose people to a wildfire, but the communications facility could be at risk if a wildfire happens on the site. The facility is required to meet the standards of Public Resource Code 4290, which includes the clearing of vegetation within 30 feet of any structure. This action will help to reduce the chance of a wildfire destroying the facility. The communications facility will emit S watts of power from the vertical antenna on top of the tower. This is a very low power level, and no impacts will occur to nearby residents. The project site is not located near any public airport or private air strip. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ Planning Division ■ 12 Project: Union Pacific Railroad, File # UP 99-15 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 8. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any. water quality standards or waste discharge requirements? ✓ b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing 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 substantial erosion or siltation on - or off-site? ✓ d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? ✓ e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? ✓ f) Otherwise substantially degrade water quality? ■ Butte County Department of Development Services ■ Planning Division ■ 13 h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk or loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? D Inundation by seiche, tsunami, or No Impact mudflow? ✓ Response: The concrete pad that the communications facility will be placed on will create an impervious surface. This will cause a very minor increase in surface water runoff. No 1. significant impacts are anticipated due to this minor increase in surface water runoff. The communications facility will not deplete groundwater supplies because a source of water is not required. No significant erosion impacts are anticipated due to this project because the area where the communications facility will be located, and the access road leading to it, has already been cleared of vegetation and graded. The project site is not located within a 100 year flood zone as shown on the Federal Emergency Management Agency's Flood Insurance Rate Map for the project are Mitigation Measure: None required. ■ Butte County Department of Development Services m Planning Division ■ 14 Project: Union Pacific Railroad, File # UP 99-15 Less Than Significant Less Potentially With Than Significant Mitigation Significant Impact Incorporated Impact -� g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation . map? h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk or loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? D Inundation by seiche, tsunami, or No Impact mudflow? ✓ Response: The concrete pad that the communications facility will be placed on will create an impervious surface. This will cause a very minor increase in surface water runoff. No 1. significant impacts are anticipated due to this minor increase in surface water runoff. The communications facility will not deplete groundwater supplies because a source of water is not required. No significant erosion impacts are anticipated due to this project because the area where the communications facility will be located, and the access road leading to it, has already been cleared of vegetation and graded. The project site is not located within a 100 year flood zone as shown on the Federal Emergency Management Agency's Flood Insurance Rate Map for the project are Mitigation Measure: None required. ■ Butte County Department of Development Services m Planning Division ■ 14 Project: Union Pacific Railroad, File # UP 99-15 to Less Than Significant Potentially With Significant Mitigatiori Impact Incorporated 9. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? b) Conflict with an applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Less Than Significant No Impact Impact Response: The communications facility is an allowed use in the Unclassified zone with approval of a Use Permit. The communications facility is a Secondary Use under the Agricultural -Residential land use designation. The project will be compatible with the existing land uses on the project site and in the vicinity. The operating characteristics of the communications facility are such that it will not normally create any vehicle traffic in the project area nor will it create significant levels of noise or light. Mitigation Measure: None required. 10. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents or the state? ✓ b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local ■ Butte County Department of Development Services ■ Planning Division ■ 15 i r Project: Union Pacific Railroad, File # UP 99-15 Less Than Siccant Less Potentially With Than Significantgation Significant No Impact Incorporated Impact Impact - general plan, specific plan or other land use plan? ✓ Response: The project site is not believed to contain any significant mineral resources. Mitigation Measure: None required. 11. NOISE. Would the project result in: ' a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? ✓ b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels: ✓ c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? ✓ d) A substantial temporary or periodic increase in ambient noise levels in the ` project vicinity above levels existing without the project? ✓ e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? ✓ ■ Butte County Department of Development Services ■ Planning Division ■ 16 Project: Union Pacific Railroad, File # UP 99-15 Potentially Significant Impact __.. f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? 0 Less Than Significant Less With Than Mitigation Significant No Incorporated Impact Impact Response: Ambient noise on and around the project area is affected primarily by -vehicle traffic on the site and on Cherokee Road, and from human activities on developed properties in the area. Installation of the communications facility may temporarily generate high noise levels on and adjacent to the project site during project development activities. The noise associated with the installation of the communications facility will not have a significant impact on nearby residents because the noise will be intermittent and very short-term in nature. The communications facility will not generate any noise. The proposal will not expose people to severe noise levels because no significant noise generators are near the project site. No public airports or private airstrips are located near the site. Mitigation Measure: None required. 12. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure? ✓ b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? ✓ c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? ✓ Response: The project will not induce any population growth in the area because no new dwellings or infrastructure will be constructed. ■ Butte County Department of Development Services ■ Planning Division ■ 17 Project: Union Pacific Railroad, File # UP 99-15 0 Less Than Significant Potentially With Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact The project site contains one dwelling, which will remain. No displacement of the existing dwelling or people will occur as a result of this project. Mitigation Measure: None required. 13. PUBLIC SERVICES. a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services? ✓ b) Fire protection? ✓ c) Police Protection? ✓ d) Schools? ✓ e) Parks? ✓ e) Other public services? ✓ Response: The proposed communications facility will not require any fire department services. The proposal will not cause an increase in demand for police protection services or school facilities. The project will not result in an increase in demand for park and recreation facilities in the area. The proposal will not result in an incremental increase in the need for maintenance of roads in the project area. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ Planning Division ■ 18 0 Project: Union Pacific Railroad, File # UP 99-15 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 14. RECREATION. a) Would the project increase the use of existingneighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Response: This project will not result in an increase in the demand for park and recreation facilities in the area. Mitigation Measure: None required. 15. TRANSPORTATION/TRAFFIC. Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips,.the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results, in 1P ■ Butte County Department of Development Services ■ Planning Division ■ 19 Project: Union Pacific Railroad, File # UP 99-15 Less Than Significant Less Potentially With Than Significant Mitigation Significant Impact Incorporated Impact is substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with accepted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? No Impact Response: The proposed communications facility will generate a very small amount of vehicle traffic in the project area while the facility is being installed. The site will be unmanned, and only monthly maintenance visits will occur. The proposal will not affect air traffic,because the project is not located near any airport or airstrip and will not cause an increase in air traffic levels. The tower will not extend into any protected airspace. Mitigation Measure: None required. 16. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? ✓ b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? ✓ ■ Butte County Department of Development Services ■ Planning Division ■ 20 Project: Union Pacific Railroad, File # UP 99-15 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? ✓ d) Have sufficient water supplies available to serve the project from existing entitlements and 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 project's projected demand in addition to the provider's existing commitments? ✓ f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? ✓ g) Comply with federal, state, and local statutes and regulations related to solid waste? ✓ Response: The project does not require a domestic water supply or a sewage disposal system. The project will not have an impact to any wastewater or sewage treatment facilities. The project will not increase the stream of waste being deposited in the Neal Road Landfill. Mitigation Measure: None required. 17. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of ■ Butte County Department of Development Services ■ Planning Division ■ 21 Project: Union Pacific Railroad, File # UP 99-15 the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively consider- able" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Response: As discussed in Section 4 of this document, this project does not have the potential to . degrade the quality of the environment, will not have any cumulative impacts, and will not cause adverse effect to human beings. V. MITIGATION MEASURES AND MONITORING REQUIREMENTS: None DATA SHEET A. Project Description 1. Type of Project: Use Permit for a 60 -foot tall tower, 20 -foot antenna, and a communications shelter. 2. Proposed Density of Development: N/A. 3. Amount of Impervious Surfacing: Very minimal. ■ Butte County Department of Development Services ■ Planning Division ■ 22 Project: Union Pacific Railroad, File # UP 99-15 4. Access and Nearest Public, Road(s): Private road to Cherokee Road. 5. , Method of Sewage Disposal: Not required for proposed use. 6. Source of Water Supply: Not required for proposed use. . 7. Proximity of Power Lines: To property. 8. Potential for further land divisions and development: None under current U zoning. B. Environmental Setting; 1. - Terrain a General Topographic Character: Hillside. b. Slopes: Average of 5-30%. C. Elevation: 1,120 to 1,340 feet above sea level. d. Limiting Factors: None. 2. Soils a. Types and Characteristics: Soil series not mapped, but are categorized as Class VII soils, which are unsuitable for cultivation but are fairly well-suited for grazing. b. Limiting Factors: Unknown. 3. Natural Hazards of the Land a. Earthquake Zone: Moderate Earthquake Intensity, Zone VIII. b. Erosion Potential: High. C. Landslide Potential: Medium. d. Fire Hazard: Very High. e.. Expansive Soil Potential: Low. 4. Hydrology a. Surface Water: None. b. Ground Water: Unknown, potentially limited. C. Drainage Characteristics: Property drains generally to the north and south. d. Annual Rainfall (normal): 35 to 40 inches per year. e. Limiting Factors: None. 5. Visual/Scenic Quality: Good. 6. Acoustic Quality: Good. 7. Air Quality: Good. 8. Vegetation: Brush, scattered pine and oak trees. 9. Wildlife Habitat: Small birds and animals common to upper foothills. Non-critical winter habitat for the deer herd but within a Designated Development Zone. 10. Archaeological and Historical Resources in the area: Low archaeological sensitivity area. 11. Butte County General Plan designation: Agricultural -Residential. 12. Existing Zoning: U (Unclassified) 13. Existing Land Use on-site: Dwelling unit, horse grazing. 14. Surrounding Area: a. Land Uses: Rural residential, livestock grazing. b. Zoning: Unclassified. , ■ Butte County Department of Development Services ■ Planning Division ■ 23 • Project: Union Pacific Railroad, File # UP 99-15 C. Gen. Plan Designation: Agricultural -Residential. d. Parcel Sizes: .25 to 133 acres. 15. Character of Site and Area: Rural residential, grazing. 16. Nearest Urban Area: Oroville, approximately 10 miles away 17. Relevant Spheres of Influence: None. 18. Improvement Standards Urban Area: None. 19. Fire Protection Service: a. Nearest County (State) Fire Station: Station 67 (volunteer), approximately '/4 mile to the east of the site. b. Water Availability: Fire tankers. . 20. Schools: Union School District: Oroville Union High & Elementary School Districts. ENVIRONMENTAL REFERENCE MATERIAL 1. Butte County Planning Department. Earthquake and Fault Activity Map 11=1, Seismic SafetX Element. Oroville, CA: CH2M Hill, 1977. 2. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 3. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1, Safety Element. Oroville, CA C112M Hill, 1977. 4. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville, CA: CH2M Hill, 1977. 5. Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville, CA: CH2M Hill, 1977. 6. Butte County Planning Department. Noise Element Map IV -1, Scenic Highway Element. Oroville, CA: CH2M Hill, 1977. 7. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highwgy Element. Oroville, CA: C112M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element: Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Maw Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Man. Oroville, CA. 11. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. 12. National Flood Insurance Program. Flood Insurance Rate Maps. Federal Emergency Management Agency. 1998. 13. USGS Quad Maps. 14. Soil Map, Chico (1925)/Oroville (1926) Area. United States Department of Agriculture. 15. Soil Survey of Chico (1925YOroville (1926) Area. United States Department of Agriculture. 16. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Man. Butte County Fire Department and California Department of Forestry, 1989. K:\PROJECTS\UPC\UNIONPAC.UP\UNIONPAC.IS ■ Butte County Department of Development Services ■ Planning Division ■ 24 ane,C=��� ..::.... LAND OF NATURAL WEALTH AND BEAUTY k' PLANNING DIVISION r 3, DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 April 1, 1999 Sierra West Surveying Attn: Tom Wrinkle 5437 Black Olive Dr. Paradise, CA 95969 Re: Application for a Use Permit for a 60 foot tower, File 9 UP 99-15, on APN 041-070-046 & 041- 330-035 Dear Mr. Wrinkle: The Butte County Planning Department has completed the initial study of potential environmental consequences anticipated in connection with the above-mentioned project, a copy of which is enclosed. Please review the enclosed checklist, noting particularly any environmental problems which could be minimized or avoided by the care and manner in which the project is carried out. Also, please review the recommended mitigation measures and contact me as soon as possible regarding your approval or disapproval of the mitigation measures. After reviewing the checklist, you may see ways to improve the project design. Design improvements to minimize problems are encouraged. If you note any errors or omissions in our evaluation, please bring them to our attention. If you have any questions regarding this environmental review, please contact this office between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. Sincerely, Stephen Betts Associate Planner Enc. cc: Mike Guyer, Union Pacific Railroad, 2985 South 5' Avenue, Oroville, CA 95965 MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Larry Painter FROM: Lynn SUBJECT: REQUEST FOR EXHIBITS AND PUBLIC NOTICE LIST DATE: March 29, 1999 Project Name: _Union Pacific File #: _UP 99-15 THIS IS A REQUEST FOR: Number of Meeting Date Copies Vicinity Map 4/22/99 1 Extension of Time Exhibit Map Color Planning Commission Exhibit Map 4/22/99 12_ Black/White Planning Commission Exhibit Map 4/22/99 1 Color Board of Supervisors Exhibit Map Special Exhibits Backread Ordinance Public Notice List: (Special instructions) The above request is due no later than 4/5/99 Special Instructions and/or research: NOTE: Exhibits should be saved until project is through process, which includes appeal period. KAFORMS\REQUEST.MAP r Notice is hereby given by the Butte County Planning Commission that a public hearing will be held on Thursday, April 22, 1999, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item: 9:00 a.m. - Union Pacific Railroad (Mike Guyer) - Use Permit to allow a 60 -foot tower with a 20 -foot antenna and a communications shelter for use by the Union Pacific Railroad on property zoned "U" (Unclassified). The site is located on the west side of Cherokee Road, west of the intersection of President Hayes Lane and Cherokee .Road, Cherokee. (UP 99-15) (SB) The above mentioned application, Initial Study, and map are on file and available for public viewing at the office of the Butte County Development Services Department, Planning Division, 7 County Center Drive, Oroville, California. For information call: (530) 538-7601 (Monday through Friday, 8:00 a.m. to 4:00 p.m.) Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above or as may be continued to a later date. If you challenge the above application in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING. COMMISSION THOMAS A. PARILO, DIRECTOR DEVELOPMENT SERVICES To be published in the Oroville Mercury on Friday, April 2, 1999. JAWPDOCSTUBLISHWND.MM Date.03/29/99 tevelopment Services Depart*t Time 8:25 am Applicant Billing Worksheet UP 99-15 Union Pacific Railroad Attn: Mike Guyer 2985 South 5th Avenue Oroville, CA 95965 In reference to UP 99-15 Rounding None Full Precision No Last bill / / Last aging Last charge 03/19/99 Last payment / / Amount Date/Slip# Description 02/08/99 Teri B. / C #21588 Clerical 02/08/99 Teri B. / C 421593 Clerical 02/22/99 Steve B. / P #21785 Processing 02/22/99 Steve L. / LR #21901 LAFCo Review 02/22/99 Larry P. / P #22056 Processing 03/08/99 Randy W. / P #22283 Processing TOTAL BILLABLE TIME CHARGES TOTAL BILLABLE COSTS $0.00 Page 3 HOURS/RATE AMOUNT TOTAL 1.00 34.00 34.00 1.00 34.00 34.00 3.25 191.75 59.00 0.25 14.75 59.00 1.25 73.75 59.00 0.25 14.75 59.00 7.00 $363.00 TOTAL NEW CHARGES PAYMENTS/REFUNDS/CREDITS 02/09/99 -Deposit - Receipt #16981 (700.0` TOTAL PAYMENTS/REFUNDS/CREDITS $363.00 ($700.00) Date 03/29/99 Ovelopment Services DeP artlPnt Time 8:25 am Applicant Billing Worksheet UP 99-15 :Union Pacific Railroad (continued) NEW BALANCE . New Current period TOTAL NEW BALANCE Page 4 (337. 00) ($337.00) EJ March 18, 1999 Sierra West Surveying Attn: Tom Wrinkle 5437 Black Olive Dr. Paradise, CA 95969 101 u to LAND OF NATURAL WEALTH AND BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Re: Application for a Use Permit for a communications facility, File # UP 99-15, on APN 041- 070-046 Dear Mr. Wrinkle: Enclosed please find copies of the comments we have received from other Butte County agencies regarding Union Pacific Railroad's application for a Use Permit for a communications facility. Please review these comments and the conditions that are requested as part of the project's approval. The draft initial study has been completed and is on the Principal Planner's desk for his review. The final initial study should be finished by late next week. This project is tentatively scheduled for a hearing by the Planning Commission on April 22, 1999. Should you have any questions concerning this matter, please contact me between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, in this office at the address or telephone number listed above. Stephen Betts Associate Planner cc: Mike Guyer, Union Pacific Railroad, 2985 South 5 h Avenue, Oroville, CA 95965 • r 041 041-070-046 le r` I intering • U JEW= I M&M371'.. ........... __g�ax p! ip, 0: 0.11 a :ij i,5 .............. .... ............ ik .... .. .... ass I FEB 9'99 13:47 FR UPRR-COMM-POCATELLO 2082365330 TO 87895196 t) • SOLID STEEL CONSTRUCTION MEANS SOLID CORROSION PROTECTION. Meets or exceeds latest EIA criteria. nwining Uivisibn t 1999 ®roves!®, .Q11E A Et -n • i. ,: �a�i��� i -,a.r - ;fit:•, ES • HOT -DIP GALVANIZATION Zinc coating on all hardware nd components meet and AGS standards. • +IND FORCE Western.' S. fold over towers ice loa aIds qr come with a. ear v►t anTy o . bor a� MPER{2ESIS D . •"•' DD � s;V IN L1P F 4N., A[� tower _I ed Irj#o position :pustomer� dOadlock to prevent` utfiorizeii lowering. EASE OF MAINTENANCE Zower can be folded down ' safet1i with minimum effort for a -� se&cing coax, antenna, ' rodio or other devices. •-PREFABRICATED FOUNDATION _Bu0t-16•gro6ndin9•easlly Instplled-or removed to allow japid.tnstallatlon or relocation. ,; 'tfjrea types of'foundations v011ably steel tube, pre -cast .�. ;•on�refe, poured concrete. +-,�.:NUNIERQUS'APPLICATIONS b�Gan be used-In'oppllcations ; ,.r suckuasspread spectrum 'iadjo,,oEw`ayslde control site p fOCgTCS: r 'A tAA TED 0ABILITY .,,"^.. ,^.. - •• Not ar "aIfractive;nulsance. encing•not required Q$';� Irt most applications. ` P. 01/01 T 8W — 62 - 6513 � ** TOTAL PAGE . 001 ** FEB 09 1999 12:03 UPRR-COMM-POCATELLO PAGE.01 1 �J February 18, 1999 Sierra West Surveying Attn: Tom Wrinkle 5437 Black Olive Dr. Paradise, CA 95969 I;Irtte count, L A N D O F NATURAL WEALTH A N D BEAUTY PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 Re: Application for a Use Permit for a communications facility and a 100 foot tower, File # UP 99-15, on APN 041-070-046 Dear Mr. Wrinkle: Planning staff has reviewed this Use Permit application and has determined that more information is required before the applicant can be deemed complete. The additional information needed includes: • What is the primary purpose of the communications facility? Is this for radio communications, a microwave relay station, a radio repeater station, etc? Please be specific as to what the facility will be used for and why the proposed site is the best location for the facility. ?-C-lo 1,--PEATE9- S 1T1: FDR DATA CokKL&&(I C AT1C K5 kT T@ACr SI DE , 14%S. SITE 11 Like--OF-SITE To Ttfr TRACKS(bZ IZEhcoTE STAT/OKS. �PAo,o EQa�P�ENT What type of equipment will be installed in the communications shelter? Will there be any sEacEn GEC s batteries for emergency power? Will there be an emergency generator on the site? Will there A/- &rx- 2<< V beanoutside fighting and if so what a and how man Will the site be surrounded b a o4,,sioC 0004 Y g type Y Y 1 -1C -4T security fence? If so, please provide the type and height of the fence. Ko • What type of tower will be installed and how tall is it? I believe Mr. Guyer stated the tower 60 'ANT. will be 100 feet tall, but the application does not reflect the height. What type of antenna(s) 'AHr, will be placed on the tower and how many antennas will there be. What will be the normal w'srrs o4>- power output (in watts) at the antenna(s)? Will the antenna(s) be placed on the top of the aNT oN Tov of rcwcR, tower, thus increasing the overall height of the tower? Are any lights proposed to be placed No 'rowEe u4INT5, on the tower? What is the color of the tower? Please provide elevations or pictures of what i,u,VAlt ,zEG sTfEL the tower and attached antenna(s) will look like. • It appears that the site will be located on two Assessor Parcels (058-070-046 and 041-330- 035). Are these two Assessor parcels just one legal parcel? PlanningDIVISIOn MAR 0 5 1999 Oroville, California • Will the site be unmanned? If so, how many times per month will the site be accessed for regular maintenance checks? UKK,,KNGb, t -v T L tt tVLC-t tKE KA.kkrgNAkC.F v�SiTS, 4- VIS(TS AS NEE6E1> FOB SERKccS RESV o "—nc 4 Please submit the requested information as stated above as soon as possible. Until such time that this information is received, staff considers the application as incomplete. When the information is received, the review period will continue. Additional information may still be required as the review process continues, which may also cause the application to be deemed incomplete. If you have any questions regarding this matter please contact this office between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. Gott - Stephen Betts Associate Planner cc: Mike Guyer, Union Pacific Railroad, 2985 South 5th Avenue, Oroville, CA 95965 ** Planning ®iVision BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: LAFCo FEB 2 4 1999 ®roville, Calffomia FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Union Pacific Railroad, Mike Guyer, UP 99-15 DATE: February 18, 1999 CONTACT PERSON: Stephen Betts The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review, the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit for a communications facility and a 100 foot tower for use by the Union Pacific Railroad on property zoned U (Uncla� ear�fredl located on the west side of Cherokee Road, west of the intersection of President Hayes Lane and Cherokee Road, Cherokee, identified as APN 041-070-046 & 041-330-035. Supervisorial District No. 1. (//0000) THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON June 24 , 1999. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN March 3,1999. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): A, #e Lo• MotyNITD Lon�ro� CO.17r9fCo�ro[.riL4tinr! fGfi1rA'rr 2• AeAAer Rive. krh' %,Rec. Ord/nanee 4P Cond"'A...s- c/n 4'e4rovol 3. Go/cle,, Fea -lAtr '/. OrOy://c union //. S. D. cc By: !r� ��nr Date: 2-(2 3 y 5 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 BUTTE COUNTY AIR QUALITY MANAGEMENT DISTRICT 2525 Dominic Drive, Suite 1 Chico, California 95928 Tel: (530) 891-2882 Fax: (530) 891-2878 February 19, 1999 Stephen Betts, Butte County Department of Development Services Planning Division 7 County Center Drive Oroville, CA 95965 Re: UP -99-15 Dear Mr. Betts: LAWRENCE D. ODLE Air Pollution Control Officer W. JAMES WAGONER Asst. Air Pollution Control Officer The District has reviewed the request for comments for a use permit to allow a 100ft tall tower and communication facility to be .located on Cherokee Road in Cherokee. Based on the information submitted the District recommends incorporating the applicable standard mitigation measures as listed in the District's Indirect Source Review Guidelines. Thank you for the opportunity to comment on the proposed project. If you have any questions, please contact me at 891-2882. . Sincerely, t Gail Williams Air Quality Planner planning Divieloh File No 3451'.1 F E3 2 3 1999 ®roville, Gautornia �J BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION Planning Division FEB 2 21999 TO: California Department of Forestry 0=1119, Califomia FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Union Pacific Railroad, Mike Guyer, UP 99-15 DATE: February 18, 1999 CONTACT PERSON: Stephen Betts The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. -Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit for a communications facility and a 100 foot tower for use by the Union Pacific Railroad on property zoned U (IJnclassifiedl located on the west side of Cherokee Road, west of the intersection of President Hayes Lane and Cherokee Road,_ Cherokee, identified as APN 041-070-046 & 041-330-035. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON June 24 , 1999. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN March 311999.'Ifno comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): I � I I ��Date: 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 R BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Union Pacific Railroad, Mike Guyer DATE: February 10, 1999 AGENT: Sierra West Surveying APN: 041-070-046 FILE #: UP 99-15 PLANNER: PROJECT DESCRIPTION: Use Permit for a•commumcations facility and a 100 foot tower for use by the Union Pacific Railroad Those items checked are conditions of approval. PLEASE CONTACT THE Bi T 17E COUNTY FIRE DEPAR NT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS 1. Construction, installation or development of structures or facilities on.the parcels/lots 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. 2. 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. 3. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the County Fire Warden. 4. In lieu of a pressurized water system or water storage tank, payment of $200.00 per created parcel into the Battalion _ water tend fund, is required prior to the issuance of a building permit. 5: A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing _ feet, hydrant size _ inches, and residual fire flow _ gpm. Submit plans to the Fire Department for review and approval prior to construction of facilities. In lieu of hydrant installation, payment may be made into the hydrant fund at a cost of $1.72 per lineal foot of street frontage. The estimated fee amount is $ Prior to recordation of the Map or application for a building permit, the applicant shall pay the then current fee for the West Chico Fire Station Fund. —8. 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. UP 99-15 AP# 041-070-046 & 041-330-035 i Union Pacific Railroad _ •ka ��i r� k� /F ry: o F -77�L S_ V Project Location Al t o .. .f f :l i y 1 )i F U 14 .. Planning Division FEB 19 1999 BUTTE COUNTY 0 MVNl91Gai'd0M1al DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Environmental Health FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Union Pacific Railroad, Mike Guyer, UP 99-15 DATE: February 10, 1999 CONTACT PERSON: The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit for a communications facility and a 100 foot tower for use by the Union Pacific Railroad on property zoned it (Unclassified) located on on the west side of Cherokee Road, west of the intersection of President Hayes Lane and Cherokee Road, Cherokee, identified as APN 041-070-046. Supervisorial District No. I. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON June 24, 1999. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN February 23, 1999. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. (Attach additional pages if n - r_- - .i , i -A � n I Date: 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 A L A N D O F NATURAL WEALTH A N D B E A U- Y PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (530) 538-7601 FAX: (530) 538-7785 February 18, 1999 Sierra West Surveying Attn: Tom Wrinkle 5437 Black Olive Dr. Paradise, CA 95969 Re: Application for a Use Permit for a communications facility and a 100 foot tower, File # UP 99-15, on APN 041-070-046 Dear Mr. Wrinkle: Planning staff has reviewed this Use Permit application and has determined that more information is required before the applicant can be deemed complete. The additional information needed includes: • What is the primary purpose of the communications facility? Is this for radio communications, a microwave relay station, a radio repeater station, etc? Please be specific as to what the facility will be used for and why the proposed site is the best location for the facility. • What type of equipment will be installed in the communications shelter? Will there be any batteries for emergency power?. Will there be an emergency generator on the site? Will there be any outside lighting and if so, what type and how many. Will the site be surrounded by a security fence? If so, please provide the type and height of the fence. • What type of tower will be installed and how tall is it? I believe Mr. Guyer stated the tower will be 100 feet tall, but the application does not reflect the height. What type of antenna(s) will be placed on the tower and how many antennas will there be. What will be the normal power output (in watts) at the antenna(s)? Will the antenna(s) be placed on the top of the tower, thus increasing the overall height of the tower? Are any lights proposed to be placed on the tower? What is the color of the tower? Please provide elevations or pictures of what the tower and attached antenna(s) will look like. It appears that the site will be located on two Assessor Parcels (058-070-046 and 041-330- 035). Are these two Assessor parcels just one legal parcel? Will the site be unmanned? If so, how many times per month will the site be accessed for regular maintenance checks? Please submit the requested information as stated above as soon as possible. Until such time that this information is received, staff considers the application as incomplete. When the information is received, the review period will continue. Additional information may still be required as the review process continues, which may also cause the application to be deemed incomplete. If you have any questions regarding this matter please contact this office between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. Stephen Betts Associate Planner cc: Mike Guyer, Union Pacific Railroad, 2985 South 5th Avenue, Oroville, CA 95965 Planning Divisio BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES FEB 12 1999 PLANNING DIVISION ®rovill®, Califiomia TO: Public Works FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Union Pacific Railroad, Mike Guyer, UP 99-15 DATE: February 10, 1999 CONTACT PERSON: The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit for a communications facility and a 100 foot tower for use by the Union Pacific Railroa on property zoned U (11riclassified) located on on the west side of Cherokee Road, west of the intersection of president Hayes Lane and Cherokee Road, Cherokee, identified as APN 041-070-046. Supervisorial District No. 1 py/--s3i7 `O,,�S. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - _ DEVELOPMENT REVIEW COMMITTEE ON June 24, 1999. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN February 23, 1999. If no comments or communications are received by the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): %. 1?1' aIct nC-T I—dsT !! ,-4.! '44151te7 /Ax/y' ea's &VIC/ 11-e 6, ✓fz Cvrl By: Date: Ax 1j, /a/7 IRECEIVE-V 7 County Center Drive - Oroville, California 95965 - 530-538-7601 - FAX 530-538-7785 r. FEB 1 0 1929 COUNTY Of f� LAND DEVI:IOP1V,.',Viv. BUTTE COUNTY STANDARD CONDITIONS FOR USE PERMIT APPLICANT: Union Pacific Railroad, Mike Guyer DATE: February 10, 1999 AGENT: Sierra West Surveying APN: 041-070-046 FILE #: UP 99-15 PLANNER: PROJECT DESCRIPTION: Use Permit for a communications facility and a 100 foot tower for use by the Union Pacific Railroad Those items checked are conditions of approval. PLEASE CONTACT THE PUBLIC WORKS DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS A. STREETS �0 1. Prior to the issuance of building permits obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. 2.- Prior to the issuance of building permits deed to Butte County, in fee simple, _ feet of right-of-way from the centerline of .. The right of way shall be sufficient for the installation of standard No. S-5 at all street intersections: 3. Prior to the issuance of building permits submit road and drainage improvement plans for the installation and construction of the street frontage improvements on to standard, including but not limited to P.C.C. curb, gutter and sidewalk and the required street section for parcels with gross acreage of one acre or less. Construct or install the required improvements. 4. Prior to the issuance of building permits dedicate a one foot "no access strip" or relinquish abutters rights to Butte County, along the frontage of parcels , except at approved access points. B. DRAINAGE Prior to the recordation of 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. 2. Prior to the issuance of building permits establish 100 year floodplain elevations and the lowest floor elevations for any structures. Show on the site plan map for building permits the elevations (by contours) and the location of an accepted NVGD 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 Director of Public Works, that the parcel of the subject application is a legal parcel. RECEIVED FEB 1 0 1999 COUNTY OF BUTTE LAND DEVELOPMENT DIV. i LEAD IN SHEET FILE NO: 1' •• 041 070-046 041-330-035 REQUEST: Use Pennit for a communications facilij)� and a 100 foot tower for use by-lbr, Union Railroad SIZE: LOCATIOM, on the west side of Cherokee Road, west of the intersection of President Hayes Lane and Cherokee Rgad, Cherokee SUPERVISORAL DISTRICT #' I EXISTING ZONING: ZONING HISTORY: 01-06-8( SURROUNDING ZONING: SURROUNDING LAND USE: SITE HISTORY: GENERAL PLAN DESIGNATION: _ Agricultural Residential APPLICABLE REGULATIONS: Rec'd 02-09-99 COMMENT DISTRIBUTION LIST APPLICATION: Union Pacific Railroad, Mike Guyer DATE: February 10, 1999 i County Offices and Cities: J_ PG&E North - Chico= Chambers Cable TV _ Pacific Bell Chief Administrative Officer Viacom Cable TV Develop. Services Director VX_ Public Works Director x_ _ Environmental Health Sheriff LAFCo / Assessor BCAG APCD _ _ _ Building Manager ALUC Butte Co. Farm Bureau Highway Patrol Biggs _ Caltrans, Aeronautics Program Gridley Department of Conservation _ Chico Off. of Governmental & Env. Relations Oroville _ _ Paradise Federal Agencies Chico Airport Commission _ US Forest Service _ US Bureau of Land Management oakal- X Agricultural Commission Irrigation District: Butte Water _ Biggs/W. Gridley Water _ Durham Irrigation OWID _ Paradise Imgation _ Richvale Irrigation Table Mountain Irrigation _ Thermalito Irrigation Other Domestic Water _ Butte Water District _ California Water Service Co. _ Del Oro Water Co. OWID _ Thermalito Irrigation District _ Other Sewer Butte Water District Skansen Subdivision (CSA 21) Fire Protection J—X_ California Department of Forestry Recreation Districts _ Chico Area Recreation _ Paradise Recreation & Park Themalito Irrigation L.O.A. PUD El Medio Fire Protection District Durham Area Recreation Richvale Recreation & Parks Sterfing City Sewer Main Feather River Rec. & Park Utilities J_ PG&E North - Chico= Chambers Cable TV _ Pacific Bell PG&E South - Oroville Viacom Cable TV State Agencies /-v CalTrans (Traffic) _ Dept. of Water Resources Dept. of Fish and Game Forestry (Attn: Craig Carter)_ Dept of Parks and Rec. _ Highway Patrol Central Reg. Water Quality Cont _ Caltrans, Aeronautics Program Department of Conservation _ Off. of Mining Reclamation _ Off. of Governmental & Env. Relations Dept.Social Services, Comm.Care Licensing Federal Agencies _ US Forest Service _ US Bureau of Land Management _ US Fish & Wildlife Service Army Corps of Engineers Other Districts, Agencies, Committees, etc. _ Lime Saddle Dist _ Community Association _ Mosq. Abatement. Oroville/Butte Co Drainage _ Butte Env.l Council _ Paradise Pines Com. Assoc. Reclamation _ Cal Native Plant Society Butte Co. Mining Committee _ Forest Ranch Community Assoc. _ Butte Ck. Watershed Conservancy School Districts • BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: Butte County Planning Division RE: Request for Comments on a Development Application: Union Pacific Railroad, Mike Guyer, UP 99-15 DATE: February 18, 1999 CONTACT PERSON: Stephen Betts The Planning Division has received a project application for the property described below. The purpose of this comment sheet is to: 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the project and submit conditions, if any; and to 2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular environmental concerns to be addressed or mitigation measures your agency/department may want incorporated. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. If a response cannot be submitted within the time frame given, or if additional information is needed, please call 538-7601. Thank you in advance for your time and efforts. This is an application for Use Permit for a communications facility and a 100 foot tower for use by the Union Pacific Railroad on property zoned U (Unclassified) located on the west side of Cherokee Road, west of the intersection of President Hayes Lane and Cherokee Road, Cherokee, identified as APN 041-070-046 & 041-330-035. Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE (check one) _X_ PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON June 24 , 1999. COMMENTS, IF ANY, ARE REQUESTED BY NO LATER THAN March 3,1999. If no comments or communications are received by. the above date, the assumption will be made that your agency has no comment. COMMENTS (Attach additional pages if necessary): By: Date: 7 County Center Drive - Oroville, California 95965 - 916-538-7601 - FAX 916-538-7785 • APPLICANT: applicant AGENT: Sierra West Surveying FILE #: UP 99-15 is DATE: February 10, 1999 APN: 041-070-046 PLANNER: PROJECT DESCRIPTION: Use Permit for a communications facility and a 100 foot.tower for use by the Union Pacific Railroad Those items checked are conditions of approval. PLEASE CONTACT THE B TILDING DIVI ION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS H. BUILDING PERMITS Prior to building permit issuance for anew residential dwelling unit(s), the applicant shall pay all applicable development fees at the rate in effect at the time of acceptance of the application. Such fees, shall include,.but not be limited to: Park Fee,'School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and,Fire Protection Fees. 2. Prior to building permit issuance for a new commercial or industrial development, or addition to an existing development, the applicant shall pay all applicable development fees at the rate' in effect at the time of acceptance of the application. Such fees shall include, but not be limited to: School Fee, Drainage Fee, Permit and Plan Checking Fees, Water and Sewer Service Fees, and Fire Protection Fees. ' I. EXISTING STRUCTURES _ 1. Comply with the Uniform Building Code for property line clearances considering use, area and fire - resistiveness of existing buildings. 2. Existing building(s) shall be made to comply with current Building and Zoning regulations for the intended new use of the building(s) or the existing building(s) shall be demolished. • APPLICANT: Union Pacific Railroad, Mike Guyer AGENT: Sierra West Surveying FILE #: UP 99-15 • DATE: February 10, 1999 APN: 041-070-046 PLANNER: PROJECT DESCRIPTION: Use Permit for a communications facility and a 100 foot tower for use by the Union Pacific Railroad Those items checked are conditions of approval. PLEASE CONTACT THE PLANNING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS J. SITE DEVELOPMENT 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 "Exhibit B" and dated _, 19_ and is incorporated herein by this reference. 2. Prior to the issuance of building permits, the plans, incorporating all applicable conditions of approval shall be submitted to the Planning Division to verify compliance with said conditions of approval. 3. Trash receptacle areas shall be enclosed by a 6 foot high solid masonry wall with view obstructing gates and a solid or semi -open shade cover. Plans to be reviewed and approved by the Planning Division prior to construction. 4. Prior to any use of the project site or business activity being commenced thereon, pursuant to this permit, conditions of approval contained herein shall be completed to the satisfaction of the Planning Division. 5. All electrical and mechanical equipment, including but not limited to air conditioning units, electrical boxes, transformers, and backflow preventers, shall be screened from public view. Screening shall be to the satisfaction of the Planning Division and in compliance with the Building Division. K. LANDSCAPING 1. A detailed landscape and irrigation plan consistent with the project site plan shall be submitted to and approved by the Planning Division prior to the issuance of building permits. 2. A plan of the existing on-site mature trees, located in any area proposed for buildings and vehicular access, shall be provided to and approved by the Planning Division prior to the issuance of building permits and/or prior to grading or vegetation removal. The applicant shall minimize the removal of mature trees, where possible. A mature tree shall be defined as a tree with a trunk measuring 4 inches in diameter, 4 feet from ground level. Mature trees removed shall be replaced by planting replacement trees of equal number and not less than _ gallon size. 3. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris, during the term of this permit. —4. All graded slopes, over 5 feet in height, or on slopes greater than _%, shall be seeded, planted, mulched or hydroseeded or otherwise protected to prevent erosion. A permanent irrigation system shall be installed for non-native vegetation. A one year Faithful Performance bond shall be posted to guarantee installation and established growth. • .0 —5. In parking lots of commercial and industrial development, trees of not less than 15 gallon size shall be provided to reduce heat gain from the paved surface and to soften the visual impact of the paved area. Such trees shall be planted at a minimum density of one tree every three parking spaces. Tree species shall be approved by the Planning Division prior to planting. 6. Prior to the commencement of grading and/or construction activity, all individual or groups of oak trees which are to be retained as part of the project, shall be fully protected through the use of root protection zones (RPZ). During construction, RPZs shall be established using protective fencing enclosing an area with a radius 1.5 times the distance from the trunk to the dripline. Within this protective buffer, no grading, trenching, fill, or vegetation alteration of any kind shall be allowed. The RPZs shall be maintained after the completion of construction in order to continue to protect the oak trees, but the fencing shall be removed. L. GRADING During construction, should any archaeological artifacts be discovered, the Planning Division shall be notified immediately, and all work shall cease until a qualified archaeologist has examined the artifacts and the site and submitted his or her findings to the Planning Division, and recommended clearance to continue. Recommencement of construction shall be upon the approval of the Planning 'Division. Archaeological artifacts are defined as follows: Prior to any clearing, grading and/or construction in a Federal or State identified 100 year floodplain and/or streambed the following entitlements must be obtained: a California Fish and Game 1604 Streambed Alteration permit and an Army Corps 404 permit or exemption certificate. M. ADDITIONAL APPROVALS _ 1. Prior to the issuance of building permits payment of the North Oroville/Thermalito Traffic Impact Fees shall be made. 2. Prior to the issuance of a building permit for each new or additional living unit the applicant shall execute the Oroville Area Traffic Mitigation Fee Agreement and pay the established fee. 3. Prior to the issuance of the Use Permit, to insure the maintenance and continuance of the orchard or other agricultural use of the property, the property owner shall enter into the County approved Orchard Management Agreement. The agreement shall terminate in 10 years or upon a rezoning of the parcel/lot to a zone other than A-5 through A-160. The agreement shall be recorded and recording fees paid by the applicant. 4. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable State and County laws and regulations in effect at the time of building permit application. 5. This Conditional Use Permit is granted for a period of month(s) at the end of which time it shall expire (unless the approving authority has held a hearing thereon and granted an extension. In connection with such an extension the approving authority may add, change, or delete conditions. 6. Approval of this Conditional Use Permit shall become null and void if the use for which it has been granted is not established within two calendar year from the date of approval. No formal cancellation or revocation action by the County will be necessary. 7. The developer shall display a current County Zoning and County Land Use Map in the sales office at all times, and/or suitable alternatives. 8. Approval of this application does not become effective unless, prior to 4:00 p.m. on _) 199 the applicant shall sign and file with the Department of Development Services an Indemnity Agreement in a form satisfactory to the .County Counsel. —9. Prior to the issuance of a building permit or prior to the issuance of a Use Permit for a Mobile Home Park the Sheriff Facilities Impact Fee shall be paid, pursuant to the provisions of Chapter 3, Article II of the Butte County Code. The fee amount shall be determined and calculated as of the date of application for building permit. 10. Prior to the issuance of the Use Pemut the applicant or property owner shall sign and record the CSA 87 Traffic and Drainage Mitigation Agreement or pay the required fees prior to the issuance of the Use Permit. 11. Prior to the issuance of the Use Permit, the applicant shall contact the Butte County Tax Collector's Office to begin the process of a Transient Occupancy Registration Certificate. A Transient Occupancy Registration Certificate shall be required within ten (10) days after commencing business for a motel, hotel, inn, tourist home, bed and breakfast, rooming house, apartment house, mobile home park, recreational vehicle park, campground, or parking area (See Chapter 23A). 12. Prior to the issuance of the Use Permit, the applicant shall pay all outstanding County fees. 9 300 T q``� ' I�OyBm'S0 �. yl rrp�:pp. F ; ISS.00: USE PUBLIC ENv. OTHER - APPLICANT -' - RECEIVEDFROM-- RECEIPT DATE NO. TOTAL RECEIVED PUBLIC WORKS LAFCO PERMITS VARIANCES DOCUMENTS zo...G KEALTM < RECEIPT 16981 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING ISSUED BY - - xi: .Irf'k"r�. }»':uI ,'q :S�_�+� -d`•< - ,.i:ak+ '#: >C'y :.,�rs€�y i�,Y,;'4 S''"#'" ' :" r�='� i 7'a'5htry xK y� t �`xx, c ,.. s•, k`a"x"a!I',rsNO�:ti�— �c^-- -"'�--• ?"x' --t 1 '�,; ar '•i' p,j ;. ..5r �M6� rK �i, An 9CONTROL��161" -1 �q4 NO t '..� - r i "lir. t k �' S e: gr16 '�.:`#a roAx`s,..��.,��3 MR. e x '� x � �` YU N X;O N PAC �I C �R{A:I L R O,A D t ,1152 2 4,N < PAR - 'M g';' �� :� s9�a a is .. �y a� } �' % 76 T57/1041 B�j x r ; PAYABLETHROUGI <� 'A�r� f..<.��� �.�^. "�. v„ a A� a� r.`r x U S BAPIK .* . se a SCOTTSBLUFF, NE 69363 STWIN-THE AMOUNT OF R ` ,ee2.i ,s � r �"a�..,,"n.�1� ift" -1'. 7- Al, 'r ✓ , <...z +?� s w s.'.�, - '�s�: ��- � ONE THOUSAND. FORTY EYGHT DOLLARS �ANDWN0 CENTS �� Now A 'PAY- ` DATE E � CHECK AMOUNT �,•a .ts r:c05��.;;�xs r. r,rO� `.��ii� .:i.: �3k1+. g�:,. "l4J'-'-� �id`Lv ,rat''u xy=.n .s...a. _. F w<zter: �lr . , .: �. iss BUTTE GOUN�TY PLARNfLN DzI1/ISIOStJ 01:0;48 00 4%a < ry f„?"�"°'K �. DEPT'�OF�DEVE>LOPM,ENT SER,VIFCES��f 7 ,COUNTYagg CkTR DR �0R0:1%ILLECA X959.6>5 ASSISTANT V P CONTROILEFi �, r . 1150 288 6 6 S11' L0 4 L0 L S 7 S1: 900111 7111 S 1911, 5:�z � 0 I I 16 0 041-330-035 I 1:1 1-0 041-070-046 /0, l - I i I W 1/4 COR SEC. 28 S89'57'42"W oa.00' S00'02'18"E 80.40 f N89'S7'4rE 249.95' S00'02'1 WE 40.00' LOCATION MAP N.T, APN 41-33-35 N00'02'18"W,30.00' N89 -57 -42 -E,498.62 - - 60' ACCESS EASEMENT, � AND EXISTING ROAD M SCALE: 1" = 100' i . PLAT OF EASEMENT FOR UNION PACIFIC. R.R. A POR-nON OF THE WEST 1/2, OF SEC. 28, T. 21 N., R. 4 E., M.D.M. 1 ` �, jo. WTZ-2� 5437 BLACK OLIVE DR. (530)877-6253 FEB O 9.1 _ OF rT AOR orov1lle, Cali nia ' N89'57'42"E N00'02'18"W ,' ' �_ . _ 79 100.00' 100.00' i APN 41-07-44 °r 21 I r2MOP 79) OROWLLF AvE (7S OR 79) APN 41-07-46 '� ` J i . PLAT OF EASEMENT FOR UNION PACIFIC. R.R. A POR-nON OF THE WEST 1/2, OF SEC. 28, T. 21 N., R. 4 E., M.D.M. PREPARED BY Planning Div ion SIERRA WEST SURVEYING 5437 BLACK OLIVE DR. (530)877-6253 FEB O 9.1 99 PARADISE, CALIFORNIA 95969 , orov1lle, Cali nia ' NnVFMRFR. 1998 SHEET 1 OF 1 Im Project: Union Pacific Railroad, File # UP 99-15 COUNTY OF BUTTE INITIAL STUDY - EVALUATION OF ENVIRONMENTAL IMPACTS I. BACKGROUND: Name of Proponent: Union Pacific Railroad (Mike Guyer) 2. Address: 2985 South 5th Ave., Oroville, CA 95965 Phone: (530) 532-6212 Name of Proposal, if applicable: 4. Type of Project: Use Permit tea_ � "- 5. Project Description d Location of Parcel(s): This application is for a Use Permit to allow a 60 -foot tower -foot antenna, and a communications shelter (hereafter referred to as "communications facility") for use by the Union Pacific Railroad. The site is located on the west side of Cherokee Road, west of the intersection of President Hayes Lane and Cherokee Road, Cherokee. The site is zoned U (Unclassified) and has a General Plan land use designation of Agricultural -Residential. The project site is 33 acres in size, but the communications facility will only utilize a 10,000 sq. ft. area. P` Poste at a va 10 The communications facility consists of a concrete pad, a 77 sq/aacility mmunications shelter, a 60 -foot tall tower,,( a 20 -foot tall vertical antenna, and a road aThe overall height of the tower and antenna will be 80 feet. The* communicationwill provide radio repeater service for data communications at trackside. The tower will be a small - diameter pole -type towers 1s designed to tilt over. - er' The transmitter will put out 5 watts. The communications shelter will contain- radio transceivers, power supplies, and backup batteries. A light is proposed to be placed above the shelter door. No fencing is proposed to be placed around the facility. The project site has been developed with a single-family dwelling and sev gal accessory structures. Horses are kept on the property. The project site y isslopingridgetop, with an average slope of approximately 30% Elevations on the property range from 1,120 feet to 1,340 feet above sea level.. Vegetation on the site consists ofiarge amountg�of brush, aW scattered pinejand oak trees. The project site does not contain any water courses rq@t-_4 �' (( Do M2ain bti Srls Ptiy clnav�c�sl^is �s aw w�ny Additional project description and area description can be found in the data sheet at the end Ivn0 of this document. '� ■ Butte County Department of Development Services ■ Planning Division ■ Project: Union Pacific Railroad, File # UP 99-15 6. Assessor's Parcel Numbers: 041-070-046 & 041-330-035 7. Date Checklist Submitted: March 18, 1999 8. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): Butte County Department of Public Works H. DETERMINATION: On the basis of this initial evaluation: . ® I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. 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. C1 I find that the proposed project COULD have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 0 I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect: 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Prepared by: Stephen Betts, Associate Planner Date Reviewed by: Randy Wilson, Principal Planner For Date ■ Butte County Department of Development Services ■ Planning Division ■ 2 Project: Union Pacific Railroad, File # UP 99-15 M. 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. ' 0 Aesthetics ❑ Biological Resources ❑ Hazards/Hazardous Materials ❑ Mineral Resources ❑ Public Services ❑ Utilities/Service Systems ❑ Agriculture Resources ❑ Air Quality ❑ Cultural Resources ❑ Geology/Soils ❑ Hydrology/Water Quality ❑ Land Use/Planning ❑ Noise ❑ Population/Housing ❑ Recreation ❑ Transportation/Traffic ❑ Mandatory Findings of Significance EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards, (e.g., the -project will not expose sensitive receptors to pollutants based on a project -specific screening analysis.) 2) All answers must take account of the whole action involved including off-site as well as on- site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect' from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant. level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D). In this case, a brief discussion should identify the following: ■ Butte County Department of Development Services ■ Planning Division ■ 3 Project: Union Pacific Railroad, File # UP 99-15 Less Than Significant Less Potentially With Than Significant Mitigation Significant No ; Impact Incorporated Impact Impact a) Earlier Analysis Used: Identify and state where they are available for review. b) Impacts Adequately Addressed: Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. C) Mitigation Measures: For effects that are "Less Than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and.the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significant. IV. ENVIRONMENTAL IMPACTS: 1. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? ✓ b) Substantially damage scenic resources including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? ✓ ■ Butte County Department of Development Services ■ Planning Division ■ 4 Project: Union Pacific Railroad, File # UP 99-15 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? ��--- ,.�4A%hs. ✓ 0 Re once: The site is not1 ted within a State r County designated scenic highway. The pole tower will be visible fr Highway 70, whi h is designated as a County scenic highway. The tower will not be -y visible because a narrow diameter pole— to t.VJO�_ c - vertical antenna it. From Highway 70, the majority of the pole will be located below the skyline of the hill behind &5W and will blend in with the vegetation.on the site. A light is proposed to be placed above the communications shelter door but this will not create a significant amount of light. This project will not affect a scenic vista neFwifl a h *have a dem&n&"b&- negative aesthetic effect. S(S°A,%ICC.,X - Mitigation Measure: None required. 2. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non' agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? ■ Butte County Department of Development Services ■ Planning Division ■ 5 M Project: Union Pacific Railroad, File # UP 99-15 Potentially Significant Impact c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of farmland, to non-agricultural use? Less Than Significant Less With "Than Mitigation Significant No Incorporated Impact Impact Res op nse: The project site is currently not under any type of agricultural production and is not encumbered by a Williamson Act contract. Horses are kept on cleared areas of the property. The soils on the site are classified as Class VII, which are unsuitable for cultivation but are fairly well-suited for grazing (Butte County Master Environmental Assessment, Figure LU -3). The project will not preclude livestock grazing on the site. The project will not have an impact on agricultural operations nor convert farmland to non- agricultural uses. Mitigation Measure: None required. 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? ✓ b) Violate any air quality standard or contribute substantially to an existing or projected air quality 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 air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? ✓ ■ Butte County Department of Development Services ■ Planning Division ■ Cl Project: Union Pacific Railroad, File # UP 99-15 Potentially Significant Impact e) Create objectionable odors affecting a substantial number of people? _ Less Than Significant Less With Than Mitigation Significant No Incorporated Impact Impact Response: The proposed communications facility will not generate any fumes or odors. The facility will not generate any fugitive dust because the site and the site access road have already been graded, and no additional grading is necessary. Mitigation Measure: None required. 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and 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, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? ✓ c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? ✓ d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede ■ Butte County Department of Development Services ■ Planning Division ■ 7 Project: Union Pacific Railroad, File # UP 99-15 Potentially Significant Impact the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources such as a tree preservation 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 conservation plan? Less Than Significant Less With Than Mitigation Significant No Incorporated Impact Impact Response: Vegetation on the project site consists mainly of brush and scattered pine and oak trees. The facility will be installed in an area that has already been cleared of vegetation and graded. No rare or endangered animal species are found on the project site (Butte County Master Environmental Assessment). The project site does not contain any wetland habitat. The north half of the communications facility is within deer non-critical winter habitat, and the south half of the site is within a Designated Development Zone, which allows development with no special requirements. The proposed communications facility will not have any impacts on deer or their habitat. Land designated as Bald Eagle Wintering habitat is located approximately 700 feet to the north of the site, but no impacts are anticipated to this habitat (Butte County Master Environmental Assessment, Figure BIO -2). Comments concerning this project were requested from the California Department of Fish and Game, but no comments were received. This project will not have an impact to fish and/or wildlife or their habitat. The payment of fees under Public Resources Code Section 21089 and as defined by Fish and Game Code Section 711.4 is not required. Mitigation Measure: None required. ■ Butte County Department of Development Services ■ Planning Division 8 ■ Project: Union Pacific Railroad, File # UP 99-15 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 5. CULTURAL RESOURCES. Would the project: a), Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? t~/ d) Disturb any human remains, including those interred outside of formal cemeteries? Response: The project site is located in a general area characterized as having a low archeological sensitivity (Butte County Archaeological Sensitivity Map). There are several historic sites located in nearby Cherokee, but there are no known historic structures on the project site. The project is not anticipated to uncover any historic or prehistoric resources. Mitigation Measure: None required. 6. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1) Rupture of a known earth- quake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other sub- stantial evidence of a know fault? ■ Butte County Department of Development Services ■ Planning Division ■ Project: Union Pacific Railroad, File # UP 99-15 Potentially Significant Impact Refer to Division of Mines and Geology Special Publication 42. 2) Strong seismic ground Shaking? 3) Seismic -related ground failure, including liquefaction? 4) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? _ d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating sub- stantial risks to life or property? _ e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal or waste water? _ Less Than Significant Less With Than Mitigation Significant No Incorporated Impact Impact Res o�nse: All of Butte County is in a Moderate Earthquake Intensity Zone VIII (Butte County Seismic Safety Element Map). An inferred fault is located approximately 3, 000 feet to the west of the site. Construction of the communications facility to Uniform Building Code seismic standards is required to address seismic activity. The project site is located in an area that has a high erosion potential on moderate to steep slopes (Butte County Soil Constraints maps). The area where the communications facility will be located has already been cleared and graded, as has the road leading.to the site. The ■ Butte County Department of Development Services ■ Planning Division ■ 10 Project: Union Pacific Railroad, File # UP 99-15 Less Than Significant Less Potentially With Than Significant Mitigation. Significant No Impact Incorporated Impact Impact project is not anticipated to cause a significant increase in erosion. The soils in the project area are considered to have a low expansive potential. The soils are also considered to have moderate landslide potential in areas of steeper slopes (Butte County Soils Constraints Map). The site has no unique geologic or physical features that will be impacted by the proposed communications facility. The communications facility will not require a sewage disposal system. Mitigation Measure: None required. 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and ` accident conditions. involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-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, 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 ■ Butte County Department of Development Services ■ Planning Division ■ 11 Project: Union Pacific Railroad, File # UP 99-15 Potentially Significant Impact been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area?_ f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Less Than Significant Less With Than Mitigation Significant No Incorporated Impact Impact Re once: The proposed communications facility will not involve the use of any hazardous materials. The project will not expose people to a wildfire, but the communications facility could be at risk if a wildfire happens on the site. The facility is required to meet the standards of Public Resource Code 4290, which includes the clearing of vegetation within 30 feet of any structure. This action will help to reduce the chance of a wildfire destroying the facility. The project site is not located near any public airport or private air strip. Mitigation Measure: None required. 8. HYDROLOGY AND WATER QUALITY. - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with ■ Butte County Department of Development Services ■ Planning Division ■ 12 Project: Union Pacific Railroad, File # UP 99-15 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated, Impact Impact groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing 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 substantial erosion or siltation on - or off-site? ✓ d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? ✓ e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? ✓ f) Otherwise substantially degrade water quality? ✓ g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? ✓ ■ Butte County Department of Development Services ■ Planning Division ■ 13 Project: Union Pacific Railroad, File # UP 99-15 Potentially Significant Impact h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? I) Expose people or structures to a significant risk or loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? Less Than Significant Less With Than Mitigation Significant No Incorporated Impact Impact R esyonse: The concrete pad that the communications facility will be placed on will create an impervious surface. This will cause a very minor increase in surface water runoff. No significant impacts are anticipated due to this minor increase in surface water runoff. The communications facility will not deplete groundwater supplies because .a source of water, is not required. No significant erosion impacts are anticipated due to this project because the area where the communications facility will be located, and the access road leading to it, has already been cleared of vegetation and graded. The project site is not located within a 100 year flood zone as shown on the Federal Emergency Management Agency's Flood Insurance Rate Map for the project area (06007C - 0575Q. Mitigation Measure: None required. 9. LAND USE AND PLANNING. Would the project: a) Physically divide_ an established community? ✓ b) Conflict with an applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, local coastal ■ Butte County Department of Development Services ■ Planning Division ■ 14 Project: Union Pacific Railroad, File # UP 99-15 Less Than Significant Potentially With Significant Mitigation Impact Incorporated program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or, natural community conservation plan? Less Than Significant No Impact Impact I Response: The communications facility is an allowed use in the Unclassified zone with approval of a Use Permit. The communications facility is a Secondary Use under the Agricultural -Residential land use designation. The project will be compatible with the .existing land uses on the project site and in the 6Y vicinity. The operating characteristics of the communications facility are such that it will not reate any vehicle traffic in the project area nor will it create significant levels of noise or light. Mitigation Measure: None required. 10. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents or the state? b) Result in the loss of availability of a ' locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Response: The project site is not believed to contain any significant mineral resources. Mitigation Measure: None required. 11. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards ■ Butte County Department of Development Services ■ Planning Division '■ 15 Project: Union Pacific Railroad, File # UP 99-15 Potentially Significant Impact established in the local general plan or noise ordinance, or applicable standards of other agencies? _ b) Exposure of persons to or generation of excessive groundbome vibration or groundborne noise levels: c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? _ d) A substantial temporary or periodic increase in ambient noise levels in the' project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Less Than Significant Less With Than Mitigation Significant No Incorporated Impact Impact Response: Ambient noise on and around the project area is affected primarily by vehicle traffic on the site and on Cherokee Road, and from human activities on developed properties in the area. Installation of the communications facility may temporarily generate high noise levels on and adjacent to the project site ;Er during project development activities. The noise associated with the installation of the communications facility will not have a significant impact on nearby residents because the noise will be intermittent and very short- term in nature. The communications facility will not generate any noise. ■ Butte County Department of Development Services ■ Planning Division ■ 16 Project: Union Pacific Railroad, File # UP 99-15 Less Than Significant Potentially With Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact The proposal will not expose people to severe noise levels because no significant noise generators are near the project site. No public airports or private airstrips are located near the site. Mitigation Measure: None required. 12. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Response: The project will not induce any population growth in the area because no new dwellings or infrastructure will be constructed. The project site contains one dwelling, which will remain. No displacement of the existing dwelling or people will occur as a result of this project. Mitigation Measure: None required. 13. PUBLIC SERVICES. a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, ■ Butte County Department of Development Services ■ - Planning Division ■ 17 Project: Union Pacific Railroad, File # UP 99-15 Potentially Significant Impact the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services? b) Fire protection? c) Police Protection? d) Schools? e) Parks? e) Other public services? Less Than Significant Less With Than Mitigation Significant No Incorporated Impact Impact Response: The proposed communications facility will not require any fire department services The proposal will not cause an increase in demand for police protection services or school facilities. The project will not result in an increase in demand for park and recreation facilities in the area.. The proposal will not result in an incremental increase in the need for maintenance of roads in the project area. Mitigation Measure: None required. 14. RECREATION. a) Would the project increase the use of existing neighborhood and regional parks or other recreational . facilities such that substantial physical deterioration of the facility would occur or be accelerated? V b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? ■ Butte County Department of -Development Services ■ Planning Division ■ 18 Project: Union Pacific Railroad, File # UP 99-15 Less Than Significant Potentially With Significant Mitigation Impact Incorporated Less, Than Significant No Impact . Impact Response: This project will not result in an increase in the demand for park and recreation facilities in the area. Mitigation Measure: None required. 15. TRANSPORTATION/TRAFFIC. Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in. traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with accepted policies, plans or programs supporting alternative ■ Butte County Department •of Development Services ■ Planning Division ■ 19 Project: Union Pacific Railroad, File # UP 99-15 Potentially Significant Impact transportation (e.g., bus turnouts, bicycle racks)? Less Than Significant Less With Than Mtigation Significant No Incorporated Impact Impact TA Res op nse: The proposed communications facility will generate a very small amount of vehicle traffic in the project area while the facility is being installed. The site will be unmanned, and only monthly maintenance visits will occur. The proposal will not affect air traffic because the project is not located near any �--1 airport or airstrip and will not cause an increase in air traffic levels. The tower will not extend into any protected airspace. Mitigation Measure: None required. 16. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and 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 ■ Butte County Department of Development Services ■ Planning Division ■ F ✓ Project: Union Pacific Railroad, File # UP 99-15 Less Than Significant Less Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? ✓ f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? ✓ g) Comply with federal, state, and local statutes and regulations related to solid waste? ✓ ReVonse: The project does not require a domestic water supply or a sewage disposal system. The project will not have an impact to any wastewater or sewage treatment facilities. The project will not increase the stream of waste being deposited in the Neal Road Landfill. Mitigation Measure: None required. 17. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively ■ Butte County Department of Development Services ■ Planning Division ■ 21 Project: Union Pacific Railroad, File # UP 99-15 considerable? ("Cumulatively consider- able" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and. the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Response: As discussed in Section 4 of this document, this project does not have the potential to degrade the quality of the environment, will not have any cumulative impacts, and will not cause adverse effect to human beings. V. MITIGATION MEASURES AND MONITORING REQUIREMENTS: None A. DATA SHEET Proiect Descriotion 1. Type of Project: Use. Permit for a 60 -foot tall tower, 20 -foot antenna, and a communications shelter. 2. Proposed Density of Development: N/A. 3. Amount of Impervious Surfacing: Very minimal. 4. Access and Nearest Public Road(s): Private road to Cherokee Road. 5. Method of Sewage Disposal: Not required for proposed use. 6. Source of Water Supply: Not required for proposed use. 7. Proximity of Power Lines: To property. 8. Potential for further land divisions and development: None under current U zoning. Environmental Setting 1. Terrain a General Topographic Character: Hillside. b. Slopes: Average of 5-30%. C. Elevation: 1,120 to 1,340 feet above sea level. d. Limiting Factors: None. eye 2. Soils O/1,'� �% CJ4® 600. S a. Types and Characteristics: Not mapped. some Jow Y,6ed ■ Butte County Department of Development Services - ■ Planning Division ■ 22 Project: Union Pacific Railroad, File # UP 99-15 b. Limiting Factors: Unknown. 3. Natural Hazards of the Land a. Earthquake Zone: Moderate Earthquake Intensity Zone VIII. b. Erosion Potential: High. C. Landslide Potential: Medium. d. Fire Hazard: Very High. e. Expansive Soil Potential: Low. 4. Hydrology a. Surface Water: None. b. Ground Water:. Unknown, potentially limited. C. • Drainage Characteristics: Property drains generally to the north and south. d. Annual Rainfall (normal): 35 to 40 inches per year. e. Limiting Factors: None. 5. Visual/Scenic Quality: Good. 6. Acoustic Quality: Good. 7. Air Quality: Good. 8. Vegetation: Brush, scattered pine and oak trees. 9. Wildlife Habitat: Small birds and animals common to upper foothills. Non-critical winter habitat for the deer herd but within a Designated Development Zone. 10. Archaeological and Historical. Resources in the area: Low archaeological sensitivity area. 1.1. Butte County General Plan designation: Agricultural -Residential. 12. Existing Zoning: U (Unclassified) 13. Existing Land Use on-site: Dwelling unit, horse grazing. 14. Surrounding Area: a. Land Uses: Rural residential, livestock grazing.. b. Zoning: Unclassified. C. Gen. Plan Designation: Agricultural -Residential. d. Parcel Sizes: .25 to 133 acres. 15. Character of Site and Area: Rural residential, grazing. 16. Nearest Urban Area: Oroville, approximately 10 miles away 17. Relevant Spheres of Influence: None. 18. Improvement Standards Urban Area: None. 19. Fire Protection Service: a. Nearest County (State) Fire' Station: Station 67 (volunteer), approximately '/4 mile to the east of the site. b. Water Availability: Fire tankers. 20. Schools: Union School District: Oroville Union High & Elementary School Districts. ENVIRONMENTAL REFERENCE MATERIAL 1. Butte County Planning Department. Earthquake and Fault Activity Map 11-1, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. ■ Butte County Department of Development Services ■ Planning Division ■ 23 Project: Union Pacific Railroad, File # UP 99-15 2. Butte County Planning Department. Liquefaction Potential Map 11-2, Seismic Safety Element. Oroville, CA: CH2M Hill, 1977. 3. Butte County Planning Department. Subsidence and Landslide Potential Map 111-1, Safety Element. Oroville, CA CH2M Hill, 1977. 4. Butte County Planning Department. Erosion Potential Map 111-2, Safety Element. Oroville, CA: CH2M Hill, 1977. 5. Butte County Planning Department. Expansive Soils Map 111-3, Safety Element. Oroville, CA: C112M Hill, 1977. 6. Butte County Planning Department. Noise Element Map IV -1, Scenic Highway Element. Oroville, CA: C112M Hill, 1977. 7. Butte County Planning Department. Scenic Highways Map V-1, Scenic Highway Element. Oroville, CA: C112M Hill, 1977. 8. Butte County Planning Department. Natural Fire Hazard Classes Map 111-4, Safety Element. Oroville, CA: CH2M Hill, 1977. 9. Butte County Planning Department. Archaeological Sensitivity Ma. Oroville, CA: James P. Manning, 1983. 10. Butte County Planning Department. School District Man. Oroville, CA. 11. Butte County Board of Supervisors. Agricultural Preserves Map, established by Resolution No. 67-178. Oroville, CA: Butte County Planning Department, 1987. 12. National Flood Insurance Program. Flood. Insurance Rate Maps. Federal Emergency Management Agency. 1998. 13. USGS Quad Maps. 14. Soil Map, Chico (1925)/Oroville (1926) Area. United States Department of Agriculture. 15. Soil Survey of Chico (1925)/Oroville (1926) Area. United States Department of Agriculture. 16. Butte County Planning Department. Butte County Fire Protection Jurisdictions and Facilities Man. Butte County Fire Department and California Department of Forestry, 1989. K:\PROJECTS\UPC\UNIONPAC.UP\UNIONPAC.IS ■ Butte County Department of Development Services ■ Planning Division ■ 24 R s T 2 N. R. M.D. n ,'"�r�' • ENN�M Q r w"ssa 44E 88s. 9.5A c' /0 04c O . l7 442.38' 70 4 ss. 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SH N WY. /76 X130 4 30 00 yg _ 260 a► ' ��1 N L O O ? ti o c'0 � AFF 32 r D N y y N O cp � Q v Q BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT - April 22, 1999 Applicant: Union Pacific Railroad Zone date: 01-06-86 File #: UP 99-15 Supervisor District: 1 Request: Use Permit for a 60 -foot tower, 20 -foot vertical Project antenna and a Planner: Stephen Betts communications shelter for use by the Union Pacific Applicable Railroad Regulations: Butte County Code Sections 24-45 - Use Permits; 24- G.P.: Agricultural -Residential 230.C.2 - (U Zone) - Use Permit required for a Zoning: U (Unclassified) commercial use. APN: 041-070-046 & 041-330-035 Attachments: A: Conditions of Approval Location: On the west side of Cherokee B. Vicinity Map Road, west of the intersection C: General Plan/Zoning Map of President Hayes Lane and D: Tower Illustration Cherokee Road, Cherokee. E: _ Site Plan Parcel Size: 33 acres STAFF COMMENT Staff recommends approval of this project with conditions. PROJECT DESCRIPTION/SITE CHARACTERISTICS This application is for a Use Permit to allow a 60 -foot tower with a 20 -foot antenna and a communications shelter (hereafter referred to as "communications facility") for use by the Union Pacific Railroad. The project site is 33 acres in size, but the communications facility will utilize approximately 500 sq. ft. Access to the site is via a private road off of Cherokee Road. The communications facility consists of a concrete pad, a 77 sq. ft. communications shelter, a 60 -foot tall pole tower with a 20 -foot tall vertical antenna, and a road access.' The overall height of the tower and antenna will be 80 feet. The communications facility will pr6vide radio repeater service for data communications at trackside. The tower will be a small -diameter pole -type tower, which is designed to tilt over. The transmitter will emit 5 watts of power. The communications shelter will contain Ar Butte County Department of Development Services Agenda Report AF Page 1 w radio transceivers, power supplies, and backup batteries. A light is proposed to be placed above the shelter door. No fencing is proposed to be placed around the facility. The communications facility will be unmanned and does not require a water supply or a sewage disposal system. The project site has been developed with a single-family dwelling and several accessory structures. Horses are kept on the property. The project site is on a sloping ridgetop, with an average slope of approximately 30%. Vegetation on the site consists of a large amount of brush and scattered pine and oak trees. Surrounding parcels range is size from .25 to 133 acres. Land uses on these parcels are rural residential and livestock grazing. ANALYSIS: .The Unclassified zoning district allows commercial uses with a Use Permit. The communications facility is consistent with the Butte County General Plan Agricultural -Residential land use designation as a Secondary Use. The communications facility will not generate any noise, odors, fumes, or any significant amounts of light. The project will cause a very minor increase in vehicle traffic during construction, but this is not anticipated to cause any impacts due to the limited amount of construction activity that will be necessary to install the facility. After construction, the applicant will conduct approximately one visit to the site per month. The proposed pole tower will be visible from Highway 70. The tower has a very small diameter, whieb will not be highly visible from Highway 70 or nearby parcels. Only one 20 -foot high vertica antenna will be placed on top of the tower. No obstruction lights are proposed to be placed on the tower and the tower is not proposed to be painted with high visibility paint. As viewed from y� Highway 70, the majority of the pole and'antenna will be located below the skyline of the hill behind it and will blend in with the vegetation on the site. It is not anticipated that the pole tower will be o seen from Cherokee Road due to the intervening hill. The Environmental Health Division did not recommend any conditions for this project. The Public Works Department requests that encroachment permits be obtained for all new or existing driveway approaches and constructed to County standards. The Butte County Fire Department/ CDF requests that the installation of structures on the parcel comply with the latest California Fire Safe Regulations (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations. ACTIONS FOR CONSIDERATION Staff recommends that the Planning Commission take the following actions: Adopt a Negative Declaration with the following findings: A. Find that an Initial Study was completed in compliance with the California Environmental Quality Act. Said study identified potential significant environmental a Butte County Department of Development Services Agenda Report AF Page 2 Ar effects and includes mitigation measures that would mitigate such effects below significant levels; B. The Planning Commission has independently reviewed, analyzed and considered the �y— proposed Negative Declaration with mitigation measures prior to making its decision on the project, and hereby finds that the Negative Declaration with mitigation measures reduces impacts below levels of significance and reflects the independent judgement of Butte County. II. This project will not have an impact to fish and/or wildlife habitat, and fees are not required pursuant to Fish and Game Code Section 711.4(d)(3) and 14 CCR 753.5. M. Approve the Use Permit, UP 99-15, for Union Pacific Railroad, subject to the conditions found in Exhibit A and subject to the following findings: A. The proposed use 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 property, or detrimental to the health, safety 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. The communications facility will not result in a significant increase in vehicle traffic in the project area. 2. The communications facility will not cause a significant increase in noise or light levels, and will not create any odors or fumes. 3. The communications facility will not be highly visible from Highway 70 or from adjacent parcels due to the low profile of the tower and antenna. B. The project is consistent with the Unclassified zone which allows commercial uses with a Use Permit, and is consistent with Agricultural -Residential General Plan land use designation which allows utilities as a Secondary Use. K:\PROJECTS\UPC\UNIONPAC.UP\UNIONPAC.RPT Ar Butte County Department of Development Services Agenda Report iv Page 3 Ar EXHIBIT A USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) UP 99-15 PERMIT NO. 041-070-046 & 041-330-035 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Union Pacific Railroad is hereby granted a Use Permit in accordance with application filed: Use Permit to allow a 60 -foot pole tower, a 20 -foot vertical antenna, and a communications shelter. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of 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. 24-45.65. 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 permit must be established within 24 months of the delivery of the countersigned permit to the Permittee. 3. 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. 4. 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. 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. Ar Butte County Department of Development Services Agenda Report Ar Page 4 Ar CONDITIONS OF APPROVAL Planning Division 1: The tower shall not exceed sixty (60) feet in height and shall be of a pole design as shown in Exhibit D in the staff report. Only one (1) vertical antenna no greater than twenty (20) feet tall shall be placed on the tower. Any change in the type of tower, any increase in the height of the tower, or any additional antennas placed on the tower shall require a new Use Permit application to be submitted to the Planning Division and approved by the Planning Commission. 2. The location of the tower and communications shelter shall be in compliance with the building setback requirements of the County Zoning Ordinance. 3. Applicant must also comply -with all other applicable State and local statutes, ordinances and regulations. Fire Department 4. 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. Public Works 5. Prior to the issuance of building permits obtain encroachment permit for all new or existing driveway approaches and construct them to County standards, as specified in County Improvement Standards. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this use permit, and that I agree to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this Use Permit does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. Butte County Planning Commission Chairman Aw Butte County Department of Development Services Agenda Report Ar Page 5 AF CC: Land Development Division Building Division Environmental Health Division Fire Department/CDF Ar Butte County Department of Development Services Agenda Report z Page 6 w U F � I m U Project Location d ON, P tsar} Lam— L Perldot U Rca BUTTE COUNTY PLANNING COMNIISSION N No Scale Applicant: Union Pacific Railroad Owner: Jack MCWherter Hearing Date: April 22, 1999 @ 9:00 a.m. Existing Zone: U (Unclassified) Request: Minor Use Permit to allow a communications facility and a 100 & tower for Union Pacific Railroad. Assessor Parcel No: 041-070-046 & 041-330-035 F le: 99-15 U U ^ m o $- ► Project Location v:• 1. • � I P rs4m Lane, - G�,cl°� BUTTE COUNTY PLANNING COWNHSSION Applicant: Union Pacific Railroad Owner: Jack McWherter Hearing Date: April 22, 1999 Q 9:00 a.m. Existing Zone: U (Unclassified) N Request: Minor Use Permit to allow a communications facility and a 100 ft tower for Union Pacific Railroad. No Scale Assessor Parcel No: 041-070-046 & 041-330-035 File: 99-15 f U Project Location '1 •�r�l f max-_^--._'._� �VO�1/ I BUTIM COUNTY PLANNING COMMISSION Appftazst Uam Pac&c Raaf Owner: ]a& Mcg ffear fug t Aped V, t"9 @ M a ffi. EafsEfng zone: U (Undlm&4 Use Penal to aff= a ca=nficafim fa<;ility aad a too I tower far Unim Pasihe Raclm& No seats Assessor Parcel No: 041-070-046 & 041-330-035 life: WIS 4 U I i 1 I Project Location ---- Lane . � Road BUTTE COUNTY PLANNING COMMISSION Applicant: Union Pacific Railroad Owner: Jack McWherter Hearing Date: April 22, 1999 @ 9:00 am Existing Zone: U (Unclassified) Request: Minor Use Permit to allow a communications facility and a 100 8. tower for Union Pacific Railroad. No Scale Assessor Parcel No: 041-070-046 & 041-330-035 F le: 99-15 I r - 13 z i 0i �8ipn 1 PeddpltP_ i_ BUTTE COUNTY PLANNING COMMISSION Applicant: Union Pacific Railroad Owner: Jack McWherter Dearing Date: April 22, 1999 C3a 9:00 am Existing Zone: U (Unclassified) Request: Minor Use Permit to allow a communications facility and a 100 tt tower for Union Pacific Railroad. No Scale Assessor Parcel No: 041-070-046 & 041-330-035 File: 99-15 p t� M a 0 Il vy,t 5 ZL 4' Project Location F --perw AN.U U R BUTTE COUNTY PLANNING CONEVIISSION Applicant: Union Pacific Railroad Owner: Jack McWherter Hearing Date: April 22, 1999 @ 9:00 am. Existing Zone: U (Unclassified) A 1 Request: Minor Use Permit to allow a communications facility and a 100 ft tower for Union Pacific Railroad No 1Scale Assessor Parcel No: 041-070-046 & 041-330-035 File: 99-15 4 s �. •: >': is yy� ZL .., r .f. - U Project Location GU Roe BUTTE COUNTY PLANNING COMMISSION Applicant: Union Pacific Railroad Owner: Jack McWherter Hearing Date: April 22, 1999 @ 9:00 a.m. Existing Zone: U (Unclassified) N Request: Minor Use Permit to allow a communications facility and a 100 ft tower for Union Pacific Railroad. No Scale Assessor Parcel No: 041-070-046 & 041-330-035 File: 99-15 y .M tizJ�_S� :r 1l 1 � y Project Location ,r Roo BUTTE COUNTY PLANNING C0MINNIISSION A i Applicant: Union Pacific Railroad Owner: Jack McWherter Hearing Date: April 22, 1999 @ 9:00 am Existing Zone: U (Unclassified) Request: Minor Use Permit to allow a communications facility and a 100 ft tower for Union Pacific Railroad. No Scale Assessor Parcel No: 041-070-046 & 041-330-035 File: 99-15 BUTTE COUNTY PLANNING COMDUSSION Applicant: Union Pacific Railroad Owner: Jack McWherter Hearing Date: April 22, 1999 cQ 9:00 a.m. Existing Zone: U (Unclassified) N Request: Minor Use Permit to allow a communications facility and a 100 tt tower for Union Pacific Railroad. No Scale Assessor Parcel No: 041-070-046 & 041-330-035 File: 99-15 ` e F v roe; Uocadonl. ation -7 • R BUTTE COUNTY PLANNING COMNIISSION Applicant: Union Pacific Railroad Owner: Jack McWherter Hearing Date: April 22, 1999 @ 9:00 a.m. Existing Zone: U (Unclassified) N Request: Minor Use Permit to allow a communications facility and a 100 ft tower for Union Pacific Railroad. No Scale Assessor Parcel No: 041-070-046 & 041-330-035 File: 99-15 UNION PACIFIC RAILROAD 0 TOM HALES 1600 VERN0N ST. �•S ROSEVILLE, CA 95678 MANAGER - TELECOM (916) 789-5216 INFORMATION TECHNOLOGIES DEPT. FAX (916) 789-5262