Department of Development Services  Paula M. Daneluk, AICP, Director Curtis Johnson, Assistant Director  Butte County 7County Center Drive  T:530.552.3700 F:530.538.7785  buttecounty.net/dds  Oroville, California 95965  DEVELOPMENT SERVICES  BUTTE COUNTY PLANNING COMMISSION  ACTION MINUTES April 25th, 2024  TIME: 9:00 a.m.  PLACE: 25 County Center Drive, Suite 201, Oroville, CA  I.CALL TO ORDER  Chair Donati called the meeting to order at 9:00 a.m.  Pledge of Allegiance  II. ROLL CALL - Commissioners Flicker, Roethler, Parrott, Schleiger, and  Chair Donati.  Present: Commissioners Flicker, Commissioner Roethler, Commissioner  Parrott, Commissioner Schleiger and Chair Donati  Others Present:  Chris Boyd, Captain Fire Marshal, CalFire/Butte County Kim Hunter, Deputy Director of Land Development,  Fire Department Public Works  County Counse!: Roger Wilson, Chief Deputy County Counsel  Development Services:  Dan Breedon, AICP, Planning Division Manager Rowland Hickel, AICP, Senior Planner Austin Forde, Assistant Planner Tristan White, Assistant Planner Jennifier Wakefield, Administrative Analyst II Sarah Easley, Moderator    III. DISCLOSURE OF EXI PARTE COMMUNICATIONS  None  IV. ACCEPTANCE OF AGENDA - Commission members and staff may request  additions, deletions, or changes in the agenda order. Commissioner Parrott. seconded the motion.  Amotion was made by Commissioner Schleiger to accept the agenda.  Vote  Ayes: Commissioner Flicker, Commissioner Roethler, Commissioner  Parrott, Commissioner Schleigera and Chair Donati  Nays: None Abstain: None Absent: None  V.E BUSINESS FROM THE FLOOR ON ITEMS NOT ALREADY ON THE AGENDA = This is an opportunity for any person to address the Planning Commission. Presentations will be limited to five minutes. The Commission is prohibited by State law from taking action on anyi item presented ifiti is not listed on the Agenda.  None  VI. PUBLIC HEARINGS AND OTHER MATTERS FOR DISCUSSION - The Chair will call for a presentation of the report of staff. The hearing will then be opened to the public for proponents, opponents, comments, and rebuttals. Persons wishing to address the Planning Commission may sign up prior to the meeting by emailing PCCes@hutasaunnatot by providing written comments via email or mail. It is requested that individual public comments be addressed to the Chair and limited toa maximum of 51 minutes SO1 that all interested parties will have an opportunity to address the Commission. The hearing will then be closed to the public and discussion confined to the members of the Commission and staff. The Commission will then  make a motion and vote on the item.  A.CONDITIONAL USE PERMIT (UP23-0005) RPCA SOLAR 11, LLC. (continued Proposed La Porte Road Solar + Battery Energy Storage Use Permit Conditional Use Permit to construct and operate a 17-acre solar array facility and Battery Energy Storage System (BESS). The facility will generate up to 3 megawatts (MW) of alternating current solar energy using approximately 7,182 solar modules and 24 string inverters to convert the sun's energy. A single-axis tracking  from March 28, 2024)    technology will allow the modules to track the sun efficiently throughout the day and maximize the efficiency of the solar collection. The facility will interconnect to PG&E's pre-existing electrical distribution system located on-site and be sold to PG&E through a long-term Power Purchase Agreement. The project site encompasses 17 acres of an 82-acre parcel zoned AG-20 (Agriculture, 20-acre minimum parcel size) at 5864 La Porte Road, immediately east of La Porte Road, int the community of Bangor, approximately 0.3 miles northeast of Oroville-Bangor Highway; APN: 028-240-061. (Rowland Hickel, AICP, Senior Planner) Ryan Nyberg with Renewable Properties made a public comment  Julie Jones made a public comment Shirley Loomis made a public comment Donna Wingo made a public comment John Stonebreaker made a public comment Theresa Brow made a public comment Farrell Savage made a public comment Ray Shook made a public comment  Motion was made by Commissioner Parrott to continue this item on the May 23, 2024 Planning Commission meeting and seconded by Commissioner Flicker. Ayes: Commissioner Flicker, Commissioner Roethler, Commissioner/ Parrott,  Vote  Commissioner Schleigera and Chair Donati  Nays: None Abstain: None Absent: None  B. CONDITIONAL USE PERMIT (UP23-0007) - ASSURANCE DEVELOPMENT The approval of a Use Permit (UP23-0007) permits the applicant, Assurance Development, to construct a new 100' tall monopole (designed to appear as a pine tree) with 12 8-foot antennas, 6 remote radio units (RRUS), one microwave unit, and one GPS antenna attached on a 6.21-acre parcel (APN: 072-140-058) located at 4825 Foothill Boulevard, Oroville CA 95966, approximately 4.8 miles southeast of the City of Oroville. The zoning designation of the parcel is: RR-5 (Rural Residential, 5-acre minimum) with a general plan designation of RR (Rural Additionally, the project includes (2) ground-mounted radio cabinets on a concrete pad, a fiber vault, and a multimeter utility service mounted on an H-frame within a 40' X 40' (1,600 sq. ft.) lease area surrounded by a 6-foot high chain link fence. A new electrical transformer would be installed on a 50 X 52-inch concrete pad. All pervious surface area would be covered with gravel over a weed barrier. The site  (continued from March 28, 2024)  Residential).    would be accessed from Foothill Boulevard via a new 20-foot wide unpaved road located on the property, south of the existing residence and out-buildings. Up to two additional carriers could Co-locate on the monopole. Any future Co-location An Initial Study and Negative Declaration (ND) were prepared for the Project in accordance with the California Environmental Quality Act (CEQA) (CEQA SCH# 2023120579). The ND concludes that the Project will not result in any significant adverse effects on the environment. (Austin Forde, Assistant Planner) Richard Busch with Wireless Policy Group representing Vertical Bridge &  would be authorized per separate permitting actions.  Assurance Development made a public comment Jeffrey Reed made a public comment Marisa Reid made a public comment Nannette Walker made a public comment Walton Walker made a public comment John Stonebreaker made a public comment Nicolaus made a public comment  A motion was made by Commissioner Schleiger approving the Resolution denying Conditional Use Permit UP23-0007 for assurance Development, subject  to the conditions and findings. Motion was seconded by Chair Donati  Vote  Ayes: Commissioner Schleiger and Chair Donati  Nays: Commissioner Flicker, Commissioner Roethler Commissioner Parrott  Abstain: None Absent: None Motion did not pass  Amotion was made by Commissioner Flicker to continue Use Permit UP23-0007 off Agenda and bring Use Permit UP23-0007 back at a later date with location  changes.  Motion was seconded by Commissioner Roethler  Vote  Ayes: Commissioner Flicker, Commissioner Roethler Commissioner Parrott  Commissioner Schleiger and Chair Donati  Nays: None Abstain: None Absent: None  C.1 TENTATIVE PARCEL MAP (TPM23-0009) ) GORDEN    Tentative Parcel Map to divide a 12.80-acre parcel, in the FR-5 (Foothill Residential, 5-acre minimum) zone and FR (Foothill Residential) General Plan designation, into two lots of5 5.0 acres (Parcel 1) and 7.8 acres (Parcel 2). Parcel 1 will access directly off Harvey Rd and Parcel 2 will gain access via an easement through Parcel 1. The parcels are or will be served by an individual well and wastewater system. There is one existing residence, well and septic, and an in- ground pool with various out buildings and solar array on proposed Parcel 2. The division would result in locating the existing structures onto one parcel, and leaving the other one undeveloped. Harvey Road currently services a small number of residential home sites and the Mount Pleasant Cemetery. The project site is located at 82 Harvey Rd, approximately 1250 feet north of Vilas Road, Cohasset; An informational presentation was made by Assistant Planner Tristan White. Kim Hunter, Deputy Director of Land Development, Public Works provided Amotion was made by Commissioner Schleiger to adopt the Resolution adopting the $15061 (b) (3) Common Sense exemption pursuant to the Califomia Environmental Quality Act (CEQA), granting the exception requests to the offsite easement and road improvements and approve the Tentative Parcel Map,  APN 056-140-082. (Tristan White, Assistant Planner)  additional information on this item.  subject to findings and conditions in Attachment A oft this report.  Commissioner Flicker seconded the motion.  Vote  Ayes: Commissioner Flicker, Commissioner Roethler, Commissioner Parrot,  Commissioner Schleiger, and Chair Donati  Nays: None Abstain: None Absent: None  VII. GENERAL BUSINESS - This section of the agenda is to be utilized by the Planning Commission and Director of Development Services on items of interest, general discussion, or items for which staff have been directed to do research and bring back to the Commission. Items may not always be addressed at every hearing but will  always be listed as part of the agenda. A. Planning Manager's Report  A Workshop will be held in a couple months with the Planning Commission to review the Utilities Scale Solar Guide, but in the meantime the links will be provided sO the Planning Commission can get familiar with the guide.    B. Planning Commission Concerns  Commissioner Schleiger addressed the Commission on the utility company's ability to change the rules in regards to rooftop solar. Utility companies do not pay as much for the power provided compared to what they charge the consumer for Chair Donati addressed the Commission regarding bonding for the clean-up of utility-scale solar facilities. Dan Breedon, Planning Manager stated that a Commissioner Flicker asked about the development of the area of Lincoln and Ophir in Oroville. Planning Manager Dan Breedon indicated that a development  the power.  decommissioning plan can be added as a conditional approval.  had been approved for this area and work has been taking place.  VIII. MINUTES  A. March 28th, 2024  A motion was made by Commissioner Schleiger to approve March 28, 2024  minutes. Commissioner Parrott second the motion. Ayes: Commissioner Flicker, Commissioner Roethler, Commissioner Parrot, Commissioner Schleiger, and Chair Donati  Vote  Nays: None Abstain: None Absent: None IX. ADJOURNMENT  the meeting at 11:00 a.m.  7t  Vie/énaur, Schlciper.