DISH Wireless / Minor Use Permit; N-DRC2023-00002 (ED24-014-PL)

2024030637

San Luis Obispo County

NOE - Notice of Exemption

3/19/2024

3/19/2024

Mason Denning

County of San Luis Obispo

Project Manager

Lead/Public Agency

976 Osos Street, Room 300
San Luis Obispo, CA 93408

(805) 781-1298

mdenning@co.slo.ca.us

070-271-010

Categorical Exemption

Section 15303; Class 3

This project qualifies for a Class 3 Categorical Exemption pursuant to CEQA Guidelines Section 15303 (New Construction or Conversion of Small Structures) because it involves the installation of new equipment and associated accessory infrastructure on two concrete pads in two areas totaling approximately 827 square feet. The project does not trigger Section 15300.2 exceptions to the use of a categorical exemption as it is not located in a sensitive environment; would not contribute to a cumulatively significant impact; would not result in a significant effect due to unusual circumstances; would not affect scenic resources within a scenic highway area; is not located on a listed hazardous materials site; and would not affect historic or cultural resources. Cellular facilities are not explicitly included within the examples of applicable structures the exemption applies to, though it is comparable in scope and function to those listed, including a single-family residence or secondary dwelling, duplexes and multi-family dwellings, a commercial development not exceeding 2,500 square feet in floor area, utility extensions, accessory structures, and sterilization units for treatment of medical waste. Access is provided from a pre-existing access road and existing roadway network that is adequate to serve the project as the facility is unmanned with approximately one technician visiting for site maintenance on an approximately monthly basis. The proposed 43-foot-tall monopole is proposed to be painted green to reduce visual impacts and is substantially concealed within the existing tree canopy and vegetation. The project will be served by existing utility infrastructure, with minimal site disturbance, resulting in approximately 827.64 square-feet of disturbance, including 47.26 cubic yards (cy) of cut, and 10.65 cy of fill on a 42-acre parcel. The project site is not located in a designated, precisely mapped, or officially adopted area with environmental resources of hazardous or critical concern. The project incorporates avoidance and minimization measures that will result in no adverse impact to designated critical habitat due to the minimal footprint of direct and permanent impacts (EBI Consulting, 2022). The project is not located within the boundaries of a FEMA-designated 100-year flood zone, near any streams, and would not have a significant effect on drainage or water quality (EBI Consulting, 2022). The proposed diesel backup generator is the main source of noise and powered in the event of a power outage and for occasional routine maintenance and testing. While in operation, the telecommunications facility would not result in substantial air pollution. There are no unusual circumstances surrounding the project. No archaeological study was performed for this project due to the location, parcel topography, minimal area of disturbance, and the lack of culturally sensitive resources within the surrounding area. No significant cultural resources are expected to occur, and no mitigation measures are required or incorporated above what is already required by the ordinance. Specifically, Land Use Ordinance Section 22.10.040 provides standards for the treatment of archaeological resources discovered during construction activities. These standards are sufficient to address potential impacts to cultural resources in the event of a discovery. Existing grading and drainage regulations will adequately address surface water quality impacts during construction. The construction of a wireless communications facility at this location is consistent with the general plan designation, existing uses on site, and all applicable zoning designations and regulations. The project, as proposed, meets all applicable community standards for development. The Environmental Coordinator has determined that it can be seen with certainty that there is no possibility that the proposed project may have a significant adverse effect on the environment, and this Notice of Exemption has been prepared pursuant to CEQA Guidelines Section 15062.