HomeMy WebLinkAbout07.14.26 Board Correspondence - FW_ Verizon Wireless_Everest Deemed-Approved Application UP25-0003, Flag Creek Road – Board of Supervisors Agenda July 28, 2026 [Elsey].ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening
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.ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening
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From:Clerk of the Board
To:Clerk of the Board; Connelly, Bill; Cook, Holly; Cook, Robin; Durfee, Peter; Jessee, Meegan; Kimmelshue, Tod;
Kitts, Melissa; Krater, Sharleen; Lee, Lewis; Little, Melissa; Pickett, Andy; Ritter, Tami; Stephens, Brad J.;
Sweeney, Kathleen; Teeter, Doug; Zepeda, Elizabeth
Cc:Daneluk, Paula; Cannon, Jamie
Subject:Board Correspondence - FW: Verizon Wireless/Everest Deemed-Approved Application UP25-0003, Flag Creek
Road – Board of Supervisors Agenda July 28, 2026 [Elsey]
Date:Thursday, July 16, 2026 11:54:58 AM
Attachments:Verizon Wireless Everest Letter 07.14.26.pdf
image001.png
Please see Board Correspondence -
Lewis LeeAdministrative Technician - ConfidentialButte County Administration25 County Center Drive, Suite 200 • Oroville, CA 95965T: 530.552.3326www.buttecounty.ca.gov | lelee@buttecounty.ca.gov
From: Paul Albritton <pa@mallp.com>
Sent: Tuesday, July 14, 2026 2:27 PM
To: Connelly, Bill <BConnelly@buttecounty.ca.gov>; Durfee, Peter <PDurfee@buttecounty.ca.gov>;
Ritter, Tami <TRitter@buttecounty.ca.gov>; Kimmelshue, Tod <TKimmelshue@buttecounty.ca.gov>;
Teeter, Doug <DTeeter@buttecounty.ca.gov>
Cc: Kevin Gallagher <kgallagher@completewireless.net>; Stephens, Brad J.
<BStephens@buttecounty.ca.gov>; Wilson, Roger <RWilson@buttecounty.ca.gov>; Michelena, Mark
<mmichelena@buttecounty.ca.gov>; Clerk of the Board <clerkoftheboard@buttecounty.ca.gov>
Subject: Verizon Wireless/Everest Deemed-Approved Application UP25-0003, Flag Creek Road –
Board of Supervisors Agenda July 28, 2026 [Elsey]
Dear Supervisors, attached please find our letter prepared on behalf of our client
regarding the above captioned deemed-approved application for a 165-foot wireless
facility in the Elsey area. The Board of Supervisors appeal hearing for an alternative
100-foot facility approved by the Planning Commission is scheduled for July 28, 2026.
Please feel free to contact me with any questions you may have regarding the
attached letter.
Thank you.
Paul
Paul Albritton
Mackenzie & Albritton LLP
155 Sansome Street, Suite 620
San Francisco, California 94104
(415) 288-4000
pa@mallp.com
MACKENZIE & ALBRITTON LLP
155 SANSOME STREET, SUITE 620
SAN FRANCISCO, CALIFORNIA 94104
TELEPHONE 415/ 288-4000
FACSIMILE 415/ 288-4010
July 14, 2026
VIA EMAIL
Chair Bill Connelly
Supervisors Peter Durfee, Tami Ritter,
Tod Kimmelshue, and Doug Teeter
Butte County Board of Supervisors
25 County Center Drive
Oroville, California 95965
Re: Verizon Wireless and Everest Infrastructure Partners
Deemed-Approved Application UP25-0003
Telecommunications Facility, Flag Creek Road
Board of Supervisors Agenda July 28, 2026
Dear Chair Connelly and Supervisors:
We write on behalf of Verizon Wireless and Everest Infrastructure Partners (“Applicants”)
regarding this deemed-approved application for a new wireless facility in the Elsey area. Because
the time period for the County to act on the application according to federal law expired, Applicants
notified the County on April 8, 2026, that the application was deemed approved in compliance with
California Government Code Section 65964.1. The County did not seek judicial review of the
deemed-approved status within the 30-day statute of limitations period following the notification.
The deemed-approved application is for a 165-foot tall wireless tower facility to be
constructed in compliance with the architectural plans dated June 12, 2025 and provided to the
County with the original application filed June 30, 2025.
After Applicants notified the County that the application was deemed approved, the
Planning Commission approved an alternative proposal for a 100-foot tall tower facility at its April
23, 2026 hearing. However, the Commission’s decision was appealed and therefore suspended
according to Code of Ordinances Section 24-267(E).
If the Board denies the appeal and approves the 100-foot facility approved by the Planning
Commission or determines that the appeal hearing is unnecessary, Applicants would proceed to
file a building permit application for a 100-foot facility. However, if the Board grants the appeal
and denies the 100-foot facility, Applicants would exercise their rights under Government Code
Section 64964.1 to proceed with the deemed-approved 165-foot facility. In either case, Applicants
would comply with applicable building and safety codes.
Unless the County determines that an appeal hearing is inappropriate, Applicants will
provide their response to the appeal to the Board under separate cover, and their representatives
Butte County Board of Supervisors
July 14, 2026
Page 2 of 2
will be present at the July 28, 2026 Board of Supervisors hearing to answer any questions. Any
such appearance would not waive Applicants’ rights under Government Code Section 65964.1 nor
change the deemed-approved status of the application.
Verizon Wireless and Everest Infrastructure Partners look forward to improving wireless
service in Butte County.
Very truly yours,
Paul B. Albritton
cc: Bradley Stephens, Esq.
Roger Wilson, Esq.
Mark Michelena