Conditional Use Permit - Granicus

Conditional Use PermitAT&T Mobility dba AT&T Wireless (UP19-0001)

September 26, 2019Planning Commission Hearing

Project Description

Request for a Conditional Use Permit to construct a wireless telecommunication facility that includes a 150-foot tall lattice tower.

AT&T is proposing to locate up to 12 antennas on three sectors at the 146-ft above ground level elevation and include an 8-foot by 8-foot (10 feet tall) walk in equipment shelter and 30kw backup diesel generator (with 190 gallon capacity belly tank) on a concrete slab.

The facility will be situated within a 1,200 sq. ft. lease area with a 6-ft tall chain link fence with barbed wire.

A 12-foot wide access easement between the wireless communications facility lease area and Rosie O’Grady is proposed.

Vicinity Map

Project Setting

The 9.98-acre project site is developed with a residential dwelling

and accessory structures.

The project site has an approximate elevation of 2,045 feet above

sea level.

The project site vicinity is characterized as primarily rural

residential and grazing uses on parcels ranging in size from 8.2 to

163 acres in size.

The proposed parcel is identified as flood zone “X” (unshaded).

The site is not located within an earthquake fault zone.

The subject property is covered with pines, oaks, manzanita and

other ground cover.

There are no waterways on, or near, the project parcel.

Aerial Photo

Aerial Photo

Site Plan

Elevations

Photo Simulations – Key Map

Photo Simulations

View 1 – Looking southeast from Forbestown Road at Elsa Lane

Existing

Proposed

Photo Simulations

View 2 – Looking south from Forbestown Road

Existing

Proposed

Photo Simulations

View 3 – Looking northwest from Black Bart Road

Existing

Proposed

Photo Simulations

View 4 – Looking northeast from Forbestown Rd & Hardrock Rd

Existing

Proposed

Analysis- Zoning

The project parcel is zoned FR-20 (Foothill Residential 20-

ac minimum).

Wireless Communication Facilities are regulated by Article

26, Telecommunication Facilities, of the Butte County

Code

The project was reviewed and conditioned to be consistent

with the requirements under the Telecommunication

Facilities Section (BCC §24-176).

Analysis- Zoning

The Setbacks for communications facilities typically

require a 1 to 1 setback from the property line. The

proposed facility meets this requirement.

Monopoles or towers in residential zones shall not exceed

30 feet unless no feasible alternative site exists or denial

would constitute a prohibition on the provision of the

wireless service in violation of federal or State law (BCC

§24-181(C)(2)). No feasible alternative site exists that

would reduce the height to 30 feet or less.

Zoning

Analysis- General Plan

The project was analyzed for consistency with General Plan Goals

and Policies. Seven Goals and eleven Policies were identified that

were applicable to the project. Findings of consistency are

included in the staff report.

Analysis- Land Use

The project would not result in a significant increase in air

emissions, fugitive dust emissions, light, noise, or vehicle traffic.

Only a minor amount of construction activity would be required to

install and maintain the telecommunication facility.

The project site is not located within an airport compatibility zone.

Analysis- Conditional Use Permit

The proposed use is allowed in the applicable zone.

The location, size, design, and operating characteristics of the

proposed use will be compatible with the existing and future land

uses in the vicinity of the subject property.

The proposed use will not be detrimental to the public health,

safety, and welfare of the County.

The proposed use is properly located within the County and

adequately served by existing or planned services and

infrastructure.

The size, shape, and other physical characteristics of the subject

property are adequate to ensure compatibility of the proposed use

with the existing and future land uses in the vicinity of the subject

property.

Analysis- Telecommunication Facilities

BCC Section 24-181 B.

1. The maximum height for telecommunication facilities in all

zones shall be 100 feet, except in Commercial and Industrial

zones where it shall be 150 feet. Section 24-181B.1 specifies

that the review authority may approve additional height based

on justifiable need.

The request by the applicant’s engineers for approval of an

additional 50 feet of height for the tower is essential for the site

in order to reach as many living units in the area as possible,

and provide clear, consistent indoor-outdoor wireless coverage

and broadband internet service to the community consistent

with the Service Improvement Objective.

Analysis- CEQA

In compliance with CEQA Guidelines Section 15073(a), an Initial

Study/Mitigated Negative Declaration (IS/MND) was prepared and

circulated for public review.

The Initial Study prepared for this project determined that there

may be potential environmental impacts to the following areas:

- Air Quality

- Biological

- Cultural Resources

The Initial Study/Mitigated Negative Declaration prepared for this

project determined with the included three mitigations the project

would not have significant environmental impacts.

Public Comments

Staff received one (1) public comment. A nearby property owner

wanted to know where the tower was going to be located on the

subject parcel and whether or not it would impact any access

easement they have.

Recommendation

Staff recommends the Planning Commission

Adopt the Mitigated Negative Declaration; and

Approve Conditional Use Permit UP19-0001 for AT&T Mobility dba

AT&T Wireless, subject to the conditions and findings.