STAFF REPORT FOR MAJOR USE PERMIT MODIFICATION #UM 3-2009/2014 DECEMBER 18, 2014 PAGE PC-1 OWNER: CROWN CASTLE GT COMPANY, LLC 501 BERING #500 HOUSTON, TX 77003 APPLICANT: AT&T MOBILITY 2600 CAMINO RAMON, 4W850 SAN RAMON, CA 94583 AGENT: TIM PAGE CROWN CASTLE 4301 HACIENDA DRIVE SUITE 410 PLEASANTON, CA 94588 REQUEST: Modify a wireless communication facility by extending

the height of an existing “monopine” (monopole designed to resemble a pine tree) from 50 feet to 70 feet along with the installation of nine (9) new panel antennas, a 138 square foot equipment shelter and a 50 kilowatt diesel generator with a 132 gallon diesel fuel tank.

ENVIRONMENTAL DETERMINATION: Subsequent Mitigated Negative Declaration RECOMMENDATION: Approve the request with recommended Conditions of

Approval. LOCATION: 9+/- miles northeast of Laytonville, lying on the north

side of Spyrock Road (CR# 323), 4.4+/- miles northeast of its intersection with Highway 101, located at 3750 Spyrock Road, Laytonville; AP# 056-310-18.

TOTAL ACREAGE: 14,616 square feet GENERAL PLAN: Remote Residential- 20 acre minimum (RMR20) ZONING: Upland Residential- 20 acre minimum (UR 20) EXISTING USES: Wireless Communication Facility SUPERVISORY DISTRICT: 3 OTHER RELATED APPLICATIONS ON SITE OR SURROUNDING AREA: Phase 1 of Use Permit #U 26-98 was approved by the Planning Commission on May 6, 1999, allowing GTE Wireless, now Verizon Wireless, to add three (3) 15 foot tall whip antennas and one (1) 3.88 inch GPS antenna to an existing 20 foot wooden monopole at the subject site. Phase 2 of #U 26-98, which would have replaced the 20 foot tall monopole with a 75 foot monopole, adding nine (9) 4 foot panel antennas, two (2) 10 foot microwave dishes and four (4) 15 foot whip antennas, was denied by the Planning Commission. The original Use Permit was the subject of much controversy with the Planning Commission having received 59 letters in opposition to the project. Concerns cited by area residents included negative impacts to views, health hazards from radio frequency emissions, negative impacts on property values and the need to look for an alternative site that is not so heavily populated or in close proximity to a

STAFF REPORT FOR MAJOR USE PERMIT MODIFICATION #UM 3-2009/2014 PAGE PC-2 school. The Spyrock Elementary School had staff and students attend this previous Planning Commission meeting, all speaking in opposition. As a result of issues raised, the Planning Commission denied Phase 2 of the project as detailed above. Use Permit Modification #UM 26-98/2002 was approved by the Planning Commission on October 3, 2002 permitting the facility owner Crown Castle, on behalf of Verizon Wireless, to add 3 additional 15 foot tall Omni whip antennas (for a total of 6) to the 20 foot monopole along with the construction of a 12 foot by 15 foot equipment shelter. Use Permit #U 3-2009 approved by the Planning Commission on October 15, 2009, allowing Crown Castle, to replace an existing 20 foot tall monopole with a wireless telecommunication facility able to support two wireless providers (T-Mobile and Verizon Wireless) consisting of a 50 foot tall “monopine” (monopole designed to resemble a pine tree), six (6) panel antennas, a microwave dish and ground based equipment. The applicant had requested a 65 foot tall tower; however the Commission determined that a maximum facility height limit of 50 foot was appropriate for this location. Crown Castle made application and subsequently withdrew Use Permit Modification #UM 3-2009/2013 which was for an identical proposal as the subject application. BACKGROUND: The Telecommunications Act of 1996 was signed into law on February 8, 1996. This act preserves the authority of a State or local governments over decisions regarding the placement, construction, and modifications of personal wireless services, subject to limitations. Section 704(7)(B)(iii) requires that any denial shall be in writing and supported by substantial evidence contained in a written record. Section 704(7)(B)(iv) prohibits denial on the basis of radio frequency emissions if those emissions are below the standards as determined by the Federal Communications Commission (FCC). On November 15, 2001, the Mendocino County Planning Commission adopted Guidelines for the Development of Wireless Communication Facilities (Wireless Guidelines) to regulate wireless communication facilities. By adopting this resolution, the Planning Commission acted to maintain the County’s authority over decisions regarding development, operation, and maintenance of wireless facilities. The proposed project has been evaluated for compliance with the General Plan, Zoning Code and the adopted Wireless Guidelines. PROJECT DESCRIPTION: The applicant, AT&T Mobility is requesting to modify a wireless communication facility (WCF) by extending the height of an existing 50 foot tall “monopine” to 70 feet above ground level in order to support 9 new panel antennas. Request also includes installation of a 138 square foot equipment shelter and a 50 kilowatt diesel generator with a 132 gallon diesel fuel tank to provide emergency backup power to the WCF. Wireless carriers Verizon Wireless and T-Mobile currently operate at this WCF. The WCF will remain within the previously developed project footprint. The subject site is bordered on all sides by 20 acre property improved with a single-family residence. Properties in this area are zoned Upland Residential 20-acre minimum and are either vacant or developed for residential use with the exception of Spy Rock Elementary School, located approximately 1,600 feet southwest of the project site. The topography of the parcel and surrounding area varies from steep terrain to gently rolling slopes with the facility located on a relatively flat area. Crown Castle maintains a 20 foot access and utility easement from Spyrock Road (CR# 323) to the WCF. The WCF will remain an unmanned facility that will operate 24 hours a day, 7 days a week and is secured with a 6 foot high chain link fence around the perimeter. According to the applicant, the project will provide “3G” and “4G” service to nearby residents and U.S. Highway 101 corridor as shown on the applicant’s anticipated coverage map.

STAFF REPORT FOR MAJOR USE PERMIT MODIFICATION #UM 3-2009/2014 PAGE PC-3 SERVICES: Access: 20 foot access easement from Spyrock Road (CR# 323) to the WCF Fire District: California Department of Forestry and Fire Protection (CalFire). Water District: N/A Sewer District: N/A SURROUNDING LAND USES AND ZONING: GENERAL PLAN ZONING LOT SIZES USES NORTH RMR20 UR 20 27.25± acres Vacant EAST RMR20 UR 20 24.66± acres Vacant SOUTH RMR20 UR 20 20± - 38± acres Residential WEST RMR20 UR 20 28.52± acres Residential

KEY ISSUES: 1. General Plan and Zoning Consistency The General Plan land use classification is Remote Residential (RMR 20) and the zoning for the parcel is Upland Residential (UR 20). A WCF is categorized under the Major Impact Services and Utilities Civic Use Type. Within the UR 20 zoning, Major Impact Services and Utilities is a conditional use, subject to approval of a major use permit. County Inland Zoning Code Section 20.056.005 states the intent of the UR zoning district.

This district is intended to create and enhance farming and low-density agricultural/residential uses. Typically the U-R District would be applied to nonprime production lands which have constraints to commercial agriculture, timber production or grazing but which are absent of such limitations as inadequate access, unacceptable hazard exposure or incompatibility with adjoining resource lands.

The WCF is located within a previously developed area. Proposed WFC modifications will remain within the existing developed WFC site; no expansion is proposed. Based on the minimal amount of land used to support the project, approximately 864 square feet, the project will not significantly affect the properties agricultural or residential capabilities or conflict with the intent of the UR zoning district. 2. Wireless Communication Guidelines: On November 15, 2001, the Planning Commission adopted the Wireless Guidelines for approval and operation of WCFs. A review of applicable policy standards follows: According to Standard B(1)(a) the Wireless Communications Guidelines:

Communications facilities that can co-locate with an existing facility will generally have highest preference, followed by facilities located on existing structures or buildings, then followed by facilities that can be designed or located so as to be visually unobtrusive ("stealthed"). Highly visible sites and sites within or near residential areas or schools are least preferred and will only be considered when there is compelling evidence that no other less visible alternative exists.

The applicant is proposing to co-locate on an existing wireless communication facility, consistent with this standard. Conditions 17 through 21 will help to ensure that the project will achieve compliance with the Wireless Guidelines. Condition 17 requires installation of an identification sign with contact information for each company responsible for operating the site. Condition 18 requires the WCF be inspected by licensed structural engineer every 10 years and after any significant seismic event. Condition 19 requires all

STAFF REPORT FOR MAJOR USE PERMIT MODIFICATION #UM 3-2009/2014 PAGE PC-4 surplus materials and debris be removed from the site after construction is complete. Condition 20 requires the applicant to negotiate in good faith with third parties requesting to collocate at the site. Condition 21 requires the applicant to display applicable warning signs at the WCF. 3. Environmental Review An initial study (attached) was prepared to support a subsequent mitigated negative declaration for the project in accordance with the provisions of the California Environmental Quality Act (Title 14, California Code of Regulations 15162(a)(1); “CEQA”). It evaluates the potentially new or intensified impacts associated with the subsequent project (i.e., the proposed WCF modifications) that were not previously discussed nor evaluated by the mitigated negative declaration certified for the previously approved project (UM3-2009). In addition to the project’s potentially significant impacts on the aesthetic quality of the site, which is discussed in detail below, the initial study evaluated the potential impacts associated with the “subsequent project”. The subsequent mitigated negative declaration evaluates and finds less than significant impacts associated with the WCF modifications on air quality, greenhouse gas emissions, hazards & hazardous materials, and noise. The mitigated negative declaration certified for the existing WCS facility adequately addresses the other impacts associated with the existing WCF that where found not to be relevant to nor affected by the subsequent project. Therefore, a subsequent mitigated negative declaration is proposed for the project. 4. Aesthetic Impacts The County Wireless Guidelines aim to minimize aesthetic or visual impacts from WCF by having them located or designed so as be visually unobtrusive. The visibility of a facility is a function of its height, design, and its visibility to neighbors and the general public. Previous Use Permit #U 3-2009 and the subsequent Modification #UM 3-2009/2013 permitted the existing 50 foot tall “monopine”. This permit evaluates the potential impacts of the proposed 20 foot “monopine” height increase, the addition of 9 panel antennas, and new ground equipment. Photo-simulations taken from two vantage points along Spyrock Road (attached) were provided by the applicant to show the aesthetic impacts of the proposed 20 foot “monopine” height addition. As shown in the photos, the “monopine” is clearly visible at times when traveling along Spyrock Road (CR# 323). Consequently, the 20 foot addition to the “monopine” will increase the overall visibility of the existing WCF. Staff requested that the project agent complete an alternative site analysis to evaluate the effect of another 50 foot WCF on the property. The applicant advised staff that they were unwilling to carry out this request. Consequently staff is not able to report whether the construction of another WCF at this property would be environmentally superior to the proposed 20 foot height increase to the existing WCF. The applicant is proposing to continue utilizing the existing “monopine” design to minimize the visual impacts from the 40 percent “monopine” height increase. The artificial tree design has been used for other wireless telecommunication sites in Mendocino County, with differing degrees of success. Condition Number 6 of previous Use Permit #U 3-2009 was identified to ensure that the “monopine” would be successful in blending the WCF in with the natural environment in order to minimize aesthetic impacts to a less than significant level. Condition Number 6 (a) and (b) states,

a. Branches of the tree shall extend beyond the antenna and fully conceal the supporting structure and antennas.

b. An evaluation of the facility’s stealth capability shall be submitted for review and

approval by the Department of Planning and Building Services after the initial construction, one year following construction and every five years thereafter. The report shall assess surrounding vegetation growth, including height and density in the vicinity, and a color assessment to assess fading of material. Replacement or remediation of the wireless facility shall be performed by the applicant if required by the Department of Planning and Building Services.

STAFF REPORT FOR MAJOR USE PERMIT MODIFICATION #UM 3-2009/2014 PAGE PC-5 Upon reviewing photos of the existing WCF, staff determined that the WCF was not constructed in a sufficient manner to meet the stealth objectives necessary to support the previously adopted Mitigated Negative Declaration for #U 3-2009. The density of faux branches is not sufficient to fully conceal the antennas, and the color of the faux branches does not match the color of surrounding vegetation. Consistent with Condition Number 6 of #U 3-2009, staff is recommending that the “monopine” be redesigned to comply with Condition Number 6 and effectively stealth the WCF. Staff is aware of two examples of “monopines” that were constructed in Mendocino County that meet the stealth objectives so as to be effectively unnoticeable and were successful in minimizing aesthetic impact to a less than significant level. Staff concluded that although there is not enough vegetation at this location to fully conceal a 70 foot tall “monopine”, as viewed from public vantage points along Spyrock Road, a property executed stealth design will conceal the true nature of the structure from the general public.. However, a person living and working in the area will likely be aware of the 20 foot “monopine” height increase within the existing visual setting. Staff determined that the additional antennas and increase in WCF height will not substantially degrade the visual setting of the site or its surroundings provided the project incorporates Condition Numbers 1 through 9, which will require the redesign of the entire “monopine”. These conditions which implement Item (B)(2)(b) of the Guidelines for the Development of Wireless Communications Facility (Wireless Guidelines), are summarized below.

• Condition Number 1 requires that all exterior surfaces of structures and equipment associated with the WCF have subdued colors and non-reflective materials selected to blend with their surroundings

• Condition Numbers 2 and 3 will further mitigate visual impacts by limiting the facility’s height, and protect/preserve existing vegetation. In the event that use of the facility should cease.

• Condition Numbers 4 and 5 will require that all portions of the facility above ground level be removed from the site, and the site be restored to a natural condition.

• Condition Number 6 will require that any lighting be designed to prevent the light source from being visible from off the property and prohibiting the installation of any aircraft warning lights.

• Condition Number 7 requires the “monopine” be designed to fully conceal the antennas and supporting structure.

• Condition Number 8 limits the distance between antennas and supporting structure,

• Condition Number 9 requires periodic evaluation of the WFC stealth capability. RECOMMENDATION: Staff recommends that the Planning Commission adopt a Subsequent Mitigated Negative Declaration and approve Use Permit Modification #UM 3-2009/2014 subject to the following recommended findings and conditions of approval. Recommended Findings

General Plan Consistency Finding: As discussed under pertinent sections of the staff report and Initial Study, the proposed project is consistent with applicable goals and policies of the General Plan as subject to the conditions of approval. Environmental Findings: The Planning Commission finds that the environmental impacts identified for the project can be adequately mitigated through the conditions of approval or features of the project design so that no significant adverse environmental impacts will result from this project; therefore, per the CEQA, Title 14, Article 11, Section 15162(a)(1) a Subsequent Mitigated Negative

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Declaration based on the previously certified Mitigated Negative Declaration for the existing WCF is adopted. Project Findings: The Planning Commission approves Use Permit Modification #UM 3-2009/2014 subject to the conditions of approval recommended by staff further finding:

1. That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided.

Crown Castle maintains a 20 foot access and utility easement from Spyrock Road (CR# 323)

to the WCF. Regular line power is available to support the project. Condition Number 15 is offered to ensure that adequate drainage facilities will be provided.

2. That the proposed use will not constitute a nuisance or be detrimental to the health, safety,

peace, morals, comfort or general welfare of persons residing or working in or passing through the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the county.

The nearest residence is approximately 150 feet north of the WCF. The facility will not be

accessible by anyone other than company personnel. Upon completing the Initial Study, staff did not find any impacts from the project that would constitute a nuisance or be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in or passing through the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the county

3. That such use preserves the integrity of the zoning district. The UR 20 zoning district allows for the construction and operation of a WCF subject to

obtaining a major use permit. Based on the small footprint of the project relative to the size of the subject property, the project is consistent with the intent of and preserves the integrity of the UR 20 zoning district.

Recommended Conditions of Approval: Aesthetics **1. Exterior surfaces of structures and equipment of the entire monopine shall have subdued colors

and non-reflective materials selected to blend with their surroundings. Color samples shall be submitted to the Department of Planning and Building for approval.

**2. The total height of facility including antennas will not exceed 70 feet in height above ground level.

Upon completion of the installation of the facility and prior to final of the building permit, the applicant shall confirm that the height is no greater than approved, and shall submit a written certification to the County of the actual height. Exceeding this height limitation shall require a modification of this Use Permit.

**3. Existing trees and other vegetation, which will provide screening for the proposed facility and

associated access roads, shall be protected from damage. No trees that provide visual screening of the communications facility shall be removed after project completion except to comply with fire safety regulations or to eliminate safety hazards. Tree trimming shall be limited to the minimum necessary for operation of the facility.

**4. Prior to issuance of a building permit, the applicant shall provide an irrevocable letter of credit,

bond, certificate of deposit, or other reasonable form of security satisfactory to County Counsel, sufficient to fund the removal of the applicant’s portion of the facility and restoration of the site in the event that the applicant abandons operations or fails to comply with requirements for removal of its facilities and restoration of the site.

STAFF REPORT FOR MAJOR USE PERMIT MODIFICATION #UM 3-2009/2014 PAGE PC-7 **5. If use of any portion of the proposed facility is discontinued for more than one year, all parts of the

facility not in use, above grade, shall be completely removed from the site, and the site shall be restored to a natural-appearing condition.

**6. Exterior light fixtures shall be shielded or downcast so that only reflected, non-glaring light is

visible from beyond the immediate vicinity of the site, and shall be turned off except when in use by facility personnel. No aircraft warning lighting shall be installed.

**7. Branches of the entire “monopine” shall extend beyond the antennas and fully conceal the

supporting structure and antennas. The branches must:

(i) Be constructed to a density of 2.5 branches for each one vertical foot of pole, and

(ii) Start attachment at no greater than twenty-five (25) feet above finished grade and continue to the top of the pole, and

(iii) Be a minimum of eight (8) feet long around the circumference of the lower level and shall taper appropriately as the branches progress upwards.

**8. The antenna array shall not extend more than thirty (30) inches from the structure to which it is

attached. **9. An evaluation of the stealth capability of the entire monopine shall be submitted for review and

approval by the Department of Planning and Building Services after the initial construction, one year following construction and every five years thereafter. The report shall assess surrounding vegetation growth, including height and density in the vicinity, and a color assessment to assess fading of material. Replacement or remediation of the wireless facility shall be performed by the applicant if required by the Department of Planning and Building Services.

Air Quality

10. Prior to the development phase of the project, the applicant shall contact the Mendocino County Air Quality Management District for a determination as to the need for a permit from the District for the proposed generator.

11. Any rock material used for surfacing, including rock from onsite sources, must comply with

regulations regarding asbestos content. 12. All grading activities must comply with District Regulation 1 Rule 430 regarding fugitive dust

emissions. Cultural Resources

13. In the event that archaeological resources are encountered on the site, further disturbance in the immediate vicinity of the find shall be halted until all requirements of Chapter 22.12 of the Mendocino County Code relating to archaeological discoveries have been satisfied.

Geology and Soils/Hydrology and Water Quality 14. As soon as practical following completion of any earth disturbance, vegetative ground cover or

driveway surfacing equal to or better than existing shall be reestablished on all disturbed portions of the site. Project construction activities are limited to the project footprint. Trenches will need to be filled and resurfaced to match the original surface.

15. All grading and site preparation, at a minimum, shall adhere to the following “Best Management

Practices”: The applicant shall submit to the Department of Planning and Building Services an acknowledgement of these grading and site preparation standards.

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a. That adequate drainage controls be constructed and maintained in such a manner as to prevent contamination of surface and/or ground water, and to prevent erosion.

b. The applicant shall endeavor to protect and maintain as much vegetation on the site as possible, removing only as much as required to conduct the operation.

c. All concentrated water flows, shall be discharged into a functioning storm drain system or into a natural drainage area well away from the top of banks.

d. Temporary erosion control measures shall be in place at the end of each day’s work, and shall be maintained until permanent protection is established.

e. Erosion control measures shall include but are not limited to: seeding and mulching exposed soil on hill slopes, strategic placement of hay bales below areas subject to sheet and rill erosion, and installation of bioengineering materials where necessary. Erosion control measures shall be in place prior to October 1st.

f. All earth-moving activities shall be conducted between May 15th and October 15th of any given calendar year unless an Erosion and Sedimentation Prevention Plan, prepared by a registered civil engineer, has been submitted and approved by the Department of Planning and Building Services which outlines wet weather earthmoving and drainage control protocols. Such plan shall include all appropriate Best Management Practices that shall be installed in accordance with the approved Erosion and Sediment Prevention Plan prior to the start of construction during the rainy season.

g. Pursuant to the California Building Code and Mendocino County Building Regulations a grading permit will be required unless exempted by the Building Official or exempt by one of the following:

1. An excavation that (1) is less than 2 feet (610 mm) in depth or (2) does not create a cut slope greater than 5 feet (1,524 mm) in height and steeper than 1 unit vertical in 1.5 units horizontal (66.7% slope).

2. A fill less than 1 foot (305 mm) in depth and placed on natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal (20% slope), or less than 3 feet (914 mm) in depth, not intended to support structures, that does not exceed 50 cubic yards (38.3 m3) on any one lot and does not obstruct a drainage.

Noise 16. Any generator used to support the facility shall be equipped with mufflers and spark arresters,

and shall not produce noise levels exceeding 50 dBa at the nearest off-site residence. Routine testing and maintenance shall be limited to weekdays between 8:30 a.m. and 4:30 p.m. Repairs and emergency use are not included in this limitation. If necessary, the generator shall be enclosed by a noise barrier shelter designed by an acoustical engineer and remain oriented and screened to limit excessive noise to surrounding residences.

Public Services

17. The facility shall provide if requested, space for any public emergency service provider to locate communication equipment on the tower, provided no interference to function will result at a minimum or no fee.

Wireless Guidelines

18. Prior to the final inspection by the Building Division of the Department of Planning and Building Services, an identification sign for each company responsible for operation and maintenance of facilities at the site, no larger than one square foot, shall be mounted on the fence exterior in a location visible when approached from the road, and shall provide the name, address, and emergency telephone number of the responsible companies. The address assigned to the site by the Planning and Building Services Department shall be posted.

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19. The antennas and supporting structure shall be inspected every ten years, and following

significant storm or seismic events, by a structural engineer licensed in the State of California to assess their structural integrity, and a report of the engineer’s findings shall be submitted to the Planning and Building Services Department.

20. Prior to commencement of operations, all surplus construction materials and debris, including

cleared vegetation, shall be removed from the site to a proper disposal facility. Thereafter the site shall be kept free of refuse.

21. By commencing work allowed by this permit, the applicant agrees to negotiate in good faith with

third parties requesting shared use of the site and to require no more than a reasonable charge for collocation.

22. One or more warning signs consistent with FCC and ANSI regulations shall be displayed in close

proximity to the antenna tower.

23. The use and occupancy of the premises shall be established and maintained in conformance with the provisions of Title 20 of the Mendocino County Code unless modified by conditions of the use permit.

24. The application along with supplemental exhibits and related material shall be considered

elements of this entitlement and compliance therewith shall be mandatory, unless the Planning Commission has approved a modification.

25. This permit is subject to the securing of all necessary permits for the proposed development and

eventual use from County, State and Federal agencies having jurisdiction. Any requirements imposed by an agency having jurisdiction shall be considered a condition of this permit.

26. This permit shall be subject to revocation or modification by the Planning Commission upon a

finding of any one or more of the following grounds:

a. That the permit was obtained or extended by fraud.

b. That one or more of the conditions upon which the permit was granted have been violated.

c. That the use for which the permit was granted is conducted in a manner detrimental to the public health, welfare or safety, or is a nuisance.

Any revocation shall proceed as specified in Title 20 of the Mendocino County Code.

27. This permit is issued without a legal determination having been made upon the number, size or shape of parcels encompassed within the permit boundaries. Should, at any time, a legal determination be made that the number, size or shape of parcels within the permit boundaries are different than that which is legally required by this permit, this permit shall become null and void.

28. This permit is issued for a period of ten years, and shall expire on December 18, 2024. The

applicant has the sole responsibility for renewing this permit before the expiration date. The county will not provide a notice prior to the expiration date.

29. This permit shall become effective after all applicable appeal periods have expired or appeal

processes have been exhausted. Failure of the applicant to make use of this permit within two years shall result in the automatic expiration of this permit.

Fish and Wildlife Filing Fee

30. This entitlement does not become effective or operative, and no work shall be commenced under this entitlement, until the California Department of Fish and Wildlife filing fees required or authorized by Section 711.4 of the Fish and Game Code are submitted to the Mendocino County

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Department of Planning and Building Services, Said fee of $2,231.25 shall be made payable to the Mendocino County Clerk and submitted to the Department of Planning and Building Services prior to December 29, 2014. Any waiver of the fee shall be on a form issued by the Department of Fish and Wildlife upon their finding that the project has “no effect” on the environment. If the project is appealed, the payment will be held by the Department of Planning and Building Services until the appeal is decided. Depending on the outcome of the appeal, the payment will either be filed with the County Clerk (if the project is approved) or returned to the payer (if the project is denied). Failure to pay this fee by the specified deadline shall result in the entitlement becoming null and void. The applicant has the sole responsibility to insure timely compliance with this condition.

___________________________ ____________________________ DATE DUSTY DULEY PLANNER III ** Indicates conditions relating to Environmental Considerations - election of these conditions may

affect the issuance of a Mitigated Negative Declaration. DD/AG/at November 7, 2014

Subsequent Mitigated Negative Declaration Appeal Fee: $910.00 Appeal Period: 10 days ATTACHMENTS Exhibit A – Initial Study REFERRAL AGENCY COMMENTS: Agency comments are summarized below and are referred too throughout the staff report and initial study. Most agencies did not respond to staff’s project referral or provided a “no comment” response. Department of Transportation No response Environmental Health (Ukiah) Hazardous Materials Management Plan required. County Building Dept. Staff (Ukiah) No comment Assessor No response Air Quality Management District May need a permit for proposed generator Caltrans - Division of Aeronautics No response CalFire Owner must adhere to CalFire 4290 regulations Ca. Dept. of Fish and Wildlife No response Public Utilities Commission No response Federal Communications Commission No response Long Valley Fire District No response Federal Aviation Administration No response Laytonville Unified School District No response Spyrock Elementary School No response

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