APL 24-001 – Appeal of the February 14, 2024 Planning and Economic Development Commission Decision to approve Use Permit Application 23-002 for the construction

2024040243

City of Mammoth Lakes

NOE - Notice of Exemption

4/4/2024

4/4/2024

Michael Peterka

Town of Mammoth Lakes

Associate Planner

Lead/Public Agency

437 Old Mammoth Road Suite 230
Mammoth Lakes, CA 93546

(760) 965-3669

mpeterka@townofmammothlakes.ca.gov

040-040-021-000

Categorical Exemption

State CEQA Guidelines Section 15303 New Construction or Conversion of Small Structures

The project has been determined to be categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303 (New Construction or Conversion of Small Structures) of Title 14 of the California Code of Regulations. CEQA Guidelines Section 15303 applies to projects that consist of (1) a limited number of new, small facilities or structures; and (2) the installation of small new equipment and facilities in small structures, both of which the State has determined to be a class of projects that will not have a significant effect on the environment. For non-residential uses, this exemption is generally limited to structures that do not exceed 2500 square feet in floor area. The project involves the construction of a new 80-foot tall “stealth monopine” cell tower located in the rear northeast corner of the Old Mammoth Road Fire Station site at 1574 Old Mammoth Road. The proposed tower and associated equipment enclosures are structures that do not involve significant amounts of hazardous substances and do not exceed a combined 2,500 square feet in floor area, as the project only includes approximately 640 square feet of floor area (cell tower and lease area combined). Additionally, none of the exceptions set forth in CEQA Guidelines Section 15300.2, which would preclude a project from using a categorical exemption, are applicable, as described below: a. The project is not located in a sensitive environment. The project parcel is located on a fully developed and previously disturbed site that contains existing buildings and paving. Furthermore, the site is not located in an area that would be considered environmentally sensitive, as the site and surrounding parcels are fully developed. There are no designated scenic highways adjacent to or near the project site. There are no designated farmland areas within the Town boundaries, thus the site is not identified as farmland by the California Resources Agency as part of the Farmland Mapping and Monitoring Program, is not located on or near Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, and is not subject to any Williamson Act Contracts. Furthermore, no portion of the site is zoned for or developed as forest land or timberland as defined in Public Resources Code §12220(g) and Government Code §4526. There are no known sensitive biological resources in the project vicinity, and the project site is not located within the boundaries of a Habitat Conservation Plan or Natural Community Conservation Plan. The project site is currently developed as a public safety use. No classified or designated mineral deposits of statewide or regional significance are known to occur on the project site. The site is not located within a very high fire hazard severity zone, is not located within a state-designated Alquist-Priolo Fault Hazard Zone, does not have any known active faults crossing the site, and the nearest fault to the project site is approximately 1.5 miles to the northwest. There are no hazardous material sites listed within or near the project site per any of the State and Federal databases. There are no known historical or cultural resources on the site. b. The cumulative impact from successive projects of the same type in the same place over time will not be significant because at this time there are no applications or proposals submitted to the Town for additional cell towers to be constructed on the site, and the nearest existing tower is located approximately one mile away. c. Given the location, scope, and purpose of the proposed project, there would be no significant impacts or effects on environmental resources during construction or operation, as the site has been previously developed. There are no unusual circumstances that would result in significant impacts from the proposed activity. d. As stated above in response (a), the project site is not located adjacent to or near a scenic highway. The project location is not identified as a Major View Corridor in the Town’s General Plan and views of the project site are not considered scenic. Therefore, the proposed project would not have a substantial adverse effect on a scenic vista or damage scenic resources within a state scenic highway. e. As stated above in response (a), there are no hazardous materials listed within or near the project site. The project site is not listed on the Hazardous Waste and Substances list maintained by the Town; or the State Water Resources Control Board GeoTracker system which includes leaking underground fuel tank sites and spills, leaks, investigations, and cleanup sites; or the Department of Toxic Substances Control EnviroStar Data Management System which includes CORTESTE sites; or the Environmental Protection Agency’s database of regulated facilities. f. As stated above in response (a), there are no known historical or cultural resources areas on the site, and therefore, there will not be a substantial adverse change in the significance of an established historical resource as a result of the project. Therefore, the project is exempt from CEQA pursuant to the State CEQA Guidelines, section 15303, ‘New Construction or Conversion of Small Structures’, categorical exemption and the application of that categorical exemption is not barred by any of the exceptions set forth in Section 15300.2.