Type, Section or Code
California Code of Regulations, Title 14, section 15269, subd. (c); Public Resources Code, section 21080, subd. (b)(4)
Reasons for Exemption
Approval of this Project is subject to the statutory exemption for “Specific actions necessary to prevent or mitigate an emergency” (Emergency Project; Pub. Resources Code, §21080, subd. (b)(4)) under the California Environmental Quality Act (CEQA; Pub. Resources Code, §21000 et seq.). “Emergency” is defined as “A sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services” (Pub. Resources Code, § 21060.3).
The Project, as amended, is necessary to address the absence of Band-14 coverage in and around Pinnacles National Park, a remote area in San Benito County. The Office of Emergency Services has identified the Project Area as one of the 13 most important new sites in northern California. The Project Area has been identified as the only possible site with the coverage capability around the Pinnacles area, including E911 (emergency services) coverage. The Project constitutes an emergency measure which is required for immediate health and human safety.
On September 16, 2022, the Permittee submitted a request to Amend the ITP to extend the ITP’s expiration date from September 30, 2022, to September 30, 2023, in order to complete the Project.
CDFW has determined that this Amendment will not: (1) significantly increase the level of take or other Project impacts on Covered Species previously analyzed and authorized by the ITP, (2) affect Permittee’s substantive mitigation obligations under the ITP, (3) require further environmental review under CEQA, or (4) increase temporal impacts on the Covered Species.