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BRENT SCHULTZ, DIRECTOR COUNTY OF MENDOCINO Telephone 707-234-6650 FAX 707-463-5709 DEPARTMENT OF PLANNING AND BUILDING SERVICES FB PHONE: 707-964-5379 860 NORTH BUSH STREET  UKIAH   95482 FB FAX: 707-961-2427    mendocinocounty.org/pbs 120 WEST FIR STREET FORT BRAGG CALIFORNIA 95437 [email protected]

September 3, 2019

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT the Mendocino County Planning Commission at its regular meeting on Thursday, October 3, 2019, at 9:00 a.m., to be held in the Board of Supervisors Chambers, 501 Low Gap Road, Ukiah, California, will conduct a public hearing on the following project at the time listed or as soon thereafter as the item(s) may be heard.

CASE#: U_2019-0010 DATE FILED: 5/31/2019 OWNER: 16000 S HIGHWAY 1 LLC APPLICANT: RTI INFRASTRUCTURE, INC. AGENT: BRIAN BERGFALK REQUEST: Coastal Development Use Permit request for a trans-oceanic fiber optics cable. The cable will land on the northern parcel (APN 132-170-11) through landing manholes (to be constructed). The cable will then travel south along State Route 1 to between one and three Cable Landing Station at the following APNs: 133-010-04, 133-010-28, and 133-090-06. Development includes ground disturbance via bore holes for placing the cable and construction of land structures on landing parcel. Additional ground disturbance will be required at each Cable Landing Station, also completed via bore holes. A full project description is provided with the application. ENVIRONMENTAL DETERMINATION: The Lead Agency; California State Lands Commission has prepared a Mitigated Negative Declaration (SCH#2019049159) for the above project. The County, as a Responsible Agency, has reviewed the project to determine the adequacy of the environmental document. LOCATION: In the Coastal Zone, several parcels will host components of the cable. The landing parcel is located 3± miles north of Manchester center, on the west side of State Route 1 (SR 1), 0.5± miles south of its intersection with Irish Beach Dr (CR 539), located at 16000 S Hwy 1, Manchester (APN 132-170- 11). Cable Landing Stations are located at the following sites: 44601 Kinney Road (133-010-04), 18650 S Hwy 1 (133-010-28), and 19700 S Hwy 1 (133-090-06). SUPERVISORIAL DISTRICT: 5 STAFF PLANNER: SAM VANDEWATER

The staff report and notice will be available for public review 21 days before hearing at 860 North Bush Street, Ukiah, California and 120 W. Fir Street, Fort Bragg, California and on the Department of Planning and Building Services website at www.mendocinocounty.org/pbs.

Your comments regarding the above project(s) are invited. Written comments should be submitted to the Department of Planning and Building Services, at 860 North Bush Street, Ukiah, California, 95482, no later than October 2, 2019. Oral comments may be presented to the Planning Commission during the public hearing.

The Planning Commission's action regarding the item shall constitute final action by the County unless appealed to the Board of Supervisors. If appealed, the Board of Supervisors action shall be final except that an approved project may be appealed to the Coastal Commission in writing within 10 working days following Coastal Commission receipt of a Notice of Final Action on this project. To file an appeal of the Planning Commission's decision, a written statement must be filed with the Clerk of the Board with a filing fee within 10 calendar days of the Planning Commission's decision. If you challenge the project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Department of Planning and Building Services or the Planning Commission at, or prior to, the public hearing. All persons are invited to appear and present testimony in this matter.

Additional information regarding the above noted item(s) may be obtained by calling the Department of Planning and Building Services at 234-6650, Monday through Friday, 8:00 a.m. through 5:00 p.m. Should you desire notification of the Planning Commission's decision you may do so by requesting notification in writing and providing a self-addressed stamped envelope to the Department of Planning and Building Services.

BRENT SCHULTZ, Director of Planning and Building Services

BRENT SCHULTZ , DIRECTOR COUNTY OF MENDOCINO Telephone 707-234-6650 FAX 707-463-5709 DEPARTMENT OF PLANNING AND BUILDING SERVICES FB PHONE: 707-964-5379 860 NORTH BUSH STREET  UKIAH  CALIFORNIA  95482 FB FAX: 707-961-2427    mendocinocounty.org/pbs 120 WEST FIR STREET FORT BRAGG CALIFORNIA 95437 [email protected]

August 30, 2019

TO: Independent Coast Observer

FROM: James F. Feenan, Commission Services Supervisor

SUBJECT: Publication of Legal Notice.

Please publish the following notice one time on September 6, 2019 in the Legal Notices Section of the Independent Coast Observer.

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT the Mendocino County Planning Commission at its regular meeting on Thursday, October 3, 2019, at 9:00 a.m., to be held in the Board of Supervisors Chambers, 501 Low Gap Road, Ukiah, California, will conduct a public hearing on the following project at the time listed or as soon thereafter as the item(s) may be heard.

CASE#: U_2019-0010 DATE FILED: 5/31/2019 OWNER: 16000 S HIGHWAY 1 LLC APPLICANT: RTI INFRASTRUCTURE, INC. AGENT: BRIAN BERGFALK REQUEST: Coastal Development Use Permit request for a trans-oceanic fiber optics cable. The cable will land on the northern parcel (APN 132-170-11) through landing manholes (to be constructed). The cable will then travel south along State Route 1 to between one and three Cable Landing Station at the following APNs: 133-010-04, 133- 010-28, and 133-090-06. Development includes ground disturbance via bore holes for placing the cable and construction of land structures on landing parcel. Additional ground disturbance will be required at each Cable Landing Station, also completed via bore holes. A full project description is provided with the application. ENVIRONMENTAL DETERMINATION: The Lead Agency; California State Lands Commission has prepared a Mitigated Negative Declaration (SCH#2019049159) for the above project. The County, as a Responsible Agency, has reviewed the project to determine the adequacy of the environmental document. LOCATION: In the Coastal Zone, several parcels will host components of the cable. The landing parcel is located 3± miles north of Manchester center, on the west side of State

Route 1 (SR 1), 0.5± miles south of its intersection with Irish Beach Dr (CR 539), located at 16000 S Hwy 1, Manchester (APN 132-170-11). Cable Landing Stations are located at the following sites: 44601 Kinney Road (133-010-04), 18650 S Hwy 1 (133-010-28), and 19700 S Hwy 1 (133-090-06). SUPERVISORIAL DISTRICT: 5 STAFF PLANNER: SAM VANDEWATER

The staff report and notice will be available for public review 21 days before hearing at 860 North Bush Street, Ukiah, California and 120 W. Fir Street, Fort Bragg, California and on the Department of Planning and Building Services website at www.mendocinocounty.org/pbs.

Your comments regarding the above project(s) are invited. Written comments should be submitted to the Department of Planning and Building Services, at 860 North Bush Street, Ukiah, California, 95482, no later than October 2, 2019. Oral comments may be presented to the Planning Commission during the public hearing.

The Planning Commission's action regarding the item shall constitute final action by the County unless appealed to the Board of Supervisors. If appealed, the Board of Supervisors action shall be final except that an approved project may be appealed to the Coastal Commission in writing within 10 working days following Coastal Commission receipt of a Notice of Final Action on this project. To file an appeal of the Planning Commission's decision, a written statement must be filed with the Clerk of the Board with a filing fee within 10 calendar days of the Planning Commission's decision. If you challenge the project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Department of Planning and Building Services or the Planning Commission at, or prior to, the public hearing. All persons are invited to appear and present testimony in this matter.

Additional information regarding the above noted item(s) may be obtained by calling the Department of Planning and Building Services at 234-6650, Monday through Friday, 8:00 a.m. through 5:00 p.m. Should you desire notification of the Planning Commission's decision you may do so by requesting notification in writing and providing a self-addressed stamped envelope to the Department of Planning and Building Services.

BRENT SCHULTZ, Director of Planning and Building Services

PLANNING COMMISSION OCTOBER 3, 2019 STAFF REPORT- COASTAL USE PERMIT U_2019-0010

SUMMARY

OWNER: 16000 S HIGHWAY 1 LLC 2302 FANNIN ST STE 500 HOUSTON, TX 77002

APPLICANT: RTI INFRASTRUCTURE, INC. 268 BUSH STREET #77 , CA 94104

AGENT: BRIAN BERGFALK 6270 CAROLINDA DR GRANITE BAY, CA 95746

REQUEST: Coastal Development Use Permit request for a trans- oceanic fiber optics cable. The cable will land on the northern parcel (APN: 132-170-11) through landing manholes (to be constructed). The cable will then travel south along State Route 1 to between one and three Cable Landing Station at the following APNs: 133-010- 04, 133-010-28, and 133-090-06. Development includes ground disturbance via bore holes for placing the cable and construction of land structures on landing parcel. Additional ground disturbance will be required at each Cable Landing Station, also completed via bore holes. A full project description is provided with the application.

LOCATION: In the Coastal Zone, several parcels will host components of the cable. The landing parcel is located 3± miles north of Manchester center, on the west side of State Route 1 (SR 1), 0.5± miles south of its intersection with Irish Beach Dr (CR 539), located at 16000 S Hwy 1, Manchester (APN 132-170-11). Cable Landing Stations are located at the following sites: 44601 Kinney Road (133-010-04), 18650 S. Hwy 1 (133-010-28), and 19700 S Hwy 1 (133-090-06).

TOTAL ACREAGE: Varies; Refer to Site Characteristics and Attachments

GENERAL PLAN: Varies; Refer to Site Characteristics and Attachments

ZONING: Varies; Refer to Site Characteristics and Attachments

th SUPERVISORIAL DISTRICT: 5 District (Williams)

ENVIRONMENTAL DETERMINATION: Prepared by California State Lands Commission (SLC) SCH #2019049159 - Mitigated Negative Declaration

RECOMMENDATION: APPROVE WITH CONDITIONS

STAFF PLANNER: SAM ‘VANDY’ VANDEWATER

PLANNING COMMISSION STAFF REPORT FOR U_2019-0010 COASTAL DEVELOPMENT USE PERMIT PAGE 2

BACKGROUND

PROJECT DESCRIPTION: Coastal Development Use Permit request for a trans-oceanic fiber optics cable. The cable will land on the northern parcel (APN: 132-170-11) through landing manholes (to be constructed). The cable will then travel south along State Route 1 to between one and three Cable Landing Station at the following APNs: 133-010-04, 133-010-28, and 133-090-06. Development includes ground disturbance via bore holes for placing the cable and construction of land structures on landing parcel. Additional ground disturbance will be required at each Cable Landing Station, also completed via bore holes. A full project description is provided with the application. The project can be considered a Minor Impact Utility as define in Mendocino County Code Section 20.320.080.

RELATED APPLICATIONS: The proposed project is under the jurisdiction of several agencies, mainly the State Lands Commission (the Lead Agency for the project), California Department of Transportation, and the California Coastal Commission. As such, the applicants are require to obtain permits from these various agencies in order to be in compliance with federal, state, and local regulations.

SITE CHARACTERISTICS: The proposed project is located on various parcels located in the Coastal Zone and all west of California State Route 1. All parcels are located in the Redwood Coast Fire Protection District and have moderate fire hazard ratings. Though the project does not entail the use of any well or district water (water is imported via water trucks for any necessary use), the parcels are located in critical and marginal groundwater resource areas. None of the subject parcels are located in prime agricultural lands or lands under a Williamson Act contract, but the proposed cable will pass adjacent land that is under such preserves.

The landing parcel (APN: 132-170-11) is located between the Pacific Ocean to the west and California State Route 1 to the east and has some bluff top features. The parcel consists mostly of grasses with denser vegetation occurring along the southern parcel boundaries, which is identified as both an estuarine/marine wetland and a freshwater wetland further uphill from the ocean. There are currently no structures on the parcel and an unimproved driveway leading to the bluff. The parcel does not have any well or septic.

Between the landing parcel and cable station, the proposed project will be installed along the State Route 1 corridor. At the time of application, there were three potential Cable Stations that had been identified as the final location for the cable. The selected parcel has an existing Cable Station, located at 44601 Kinney Road (APN 133-010-04), on a parcel of roughly 9 acres, in which the cable and associated equipment would be installed. No external work is proposed, but internal changes to electrical will be required to support the cable.

SURROUNDING LAND USE AND ZONING:

GENERAL PLAN ZONING LOT SIZES USES NORTH See attached maps See attached maps Range from 20± to 100± Residential / Agricultural EAST See attached maps See attached maps Range from 1± to 100± Residential / Agricultural SOUTH See attached maps See attached maps Range from 1± to 20± Residential / Agricultural WEST See attached maps See attached maps Range from 1± to 100± Residential / Agricultural

PUBLIC SERVICES: Access: Varies (State Route 1; Kinney Road [CR ) Fire District: Redwood Coasts Fire Protection District Water District: None Sewer District: None School District: None

AGENCY COMMENTS: On June 13, 2019, project referrals were sent to the following responsible or trustee agencies with jurisdiction over the Project. Their submitted recommended conditions of approval are contained in Exhibit A of the attached resolution. Any comment that would trigger a project modification or denial are discussed in full as key issues in the following section.

PLANNING COMMISSION STAFF REPORT FOR U_2019-0010 COASTAL DEVELOPMENT USE PERMIT PAGE 3

REFERRAL AGENCIES COMMENT LOCAL Agriculture Commissioner No Comment Air Quality Management District No Response Archaeological Commission No Comment Assessor’s Office No Response Building Inspection No Response Department of Transportation Comment Environmental Health Comment Farm Advisor No Response Planning – Fort Bragg Comment Redwood Coast Fire Protection District No Response STATE CalFire (Land Use) No Comment CalFire (Resource Management) No Response California Coastal Commission No Response California Department of Fish and Wildlife Comment California Highway Patrol No Comment California Native Plant Society No Comment CalTrans Comment State Lands Commission No Response FEDERAL US Fish and Wildlife Service No Response US Geological Survey No Response TRIBAL Cloverdale Rancheria No Response Sherwood Valley Rancheria No Response Redwood Valley Rancheria No Response

LOCAL COASTAL PROGRAM CONSISTENCY: The proposed project is consistent with the goals and policies of the Local Coastal Program as detailed below.

1. Land Use: The land use designations of the subject parcels include Rangeland, Public Facilities, and Rural Village. Subject parcels 132-170-11 and 133-010-28, the landing location and a cable station, respectively, have a General Plan Land Use Designation of Rangeland (RL) which is intended for the grazing of livestock and growing crops. Subject parcel 133-010-04 has a General Plan Land Use Designation of Public Facilities (PF) which is intended for lands dedicated to public uses and utilities. Subject parcel 133-090-06 has a General Plan Land Use Designation of Rural Village (RV) which is intended to preserve the rural character of unincorporated coastal settlements. However, while the designations may indicate the proposed project is not compatible with these intended uses, Coastal Element Policy 3.11-9 states that transmission and distribution lines, such as the proposed cable, are a conditionally permitted in all coastal zone land use designations, subject to certain standards and criteria. Subsequent LCP consistency discussions below reflect compliance with the standards and criteria, thus the proposed project is in conformance with the land uses of the Coastal Element.

2. Zoning: The zoning districts of the subject parcels include Rangeland, Public Facilities, and Rural Village. Subject parcels 132-170-11 and 133-010-28, the landing location and a cable station, respectively, are located in the Rangeland (RL:160) zoning district, which is intended for grazing by livestock and growing of crops. Subject parcel 133-010-04 is located in the Public Facilities (PF) zoning district, which is intended for public utilities. And subject parcel 133-090-06 is located in the Rural Village (RV) zoning district, which is intended to retain the rural character of coastal settlements. With regards to zoning code consistency, the proposed project is conditionally permitted within each of these zoning districts as a Minor Impact Utilities use type, as defined by MCC Section 20.320.080, thus the proposed project is in conformance with the various zoning districts.

PLANNING COMMISSION STAFF REPORT FOR U_2019-0010 COASTAL DEVELOPMENT USE PERMIT PAGE 4

Additionally, because the project is partially located in the Rangeland district, the proposed project is subject to MCC Section 20.532.100(A)(2) to ensure the longevity of resources lands for future use. As the proposed project entails little structural development of the landing location, and no structural development along the State Route 1 corridor or at the cable station locations, the project can be considered compatible with the long-term protection of the Rangeland district and subject parcel. Future grazing uses of the parcel would not be infringed upon by the proposed project. The proposed project would comply with the minimum front and rear yard requirement of each zoning district, as well as the maximum building height allowed. The maximum height for the infrastructure to be building at the landing location is 18 feet. Additionally, the project, as proposed, would result in lot coverage of <1 percent, which would not exceed the maximum allowed coverage on any district.

3. Visual Resources: While much of the proposed project occurs in highly scenic portions of the Coastal Zone, the cable will be located below surface soils and utilize mostly existing buildings and infrastructure, with development occurring only at the landing site where the cable transitions from the ocean to land; this entails the construction of a landing man-hole (LMH). The construction of the LMH at the landing parcel would not impact visual resources as it will be constructed at grade-level height. Pursuant to MCC Section 20.504.015(C), the following criteria have been adhered to ensure visual resources are protected:

(2) The LMH is constructed at grade level, thus the 18 feet would not be exceeded.

(3) As the LMH is not easily visible, the highly scenic area would remain intact.

(5) The LMH is built at grade and not easily sited on the parcel or from the highway.

4. Hazard Management: The proposed project does not require any hazard management as there are no major hazardous conditions present on any project parcel. The project area is located within the CalFire responsibility area, in a moderate fire hazard zone, but is also within the Redwood Coast Fire Protection District. A fire station is located just north of the Manchester Cable Landing Station, in the town of Manchester, and the station is roughly 3 miles south of the landing parcel, thus fire hazards are not a concern. Furthermore, the proposed project entails the underground installation of the cable, thus surface fires are not a threat to the project. While the landing parcel does have bluff-top features, the proposed project will be located more than 500 feet from the bluff, thus eliminating such geologic concerns. With regards to faults, the proposed cable does partially run through the San Andreas fault between the landing parcel and the landing station parcel. However, a rupture would only temporarily disrupt cables and would not cause any hazards to people as the conduits have been placed underground. Floods and are also unlikely to occur and therefore are not a hazard with regards to the proposed project. Per the Flood Zone Map Attachment, the proposed project on the landing parcel; there are no subsequent flood hazards between the landing parcel and the cable station on Kinney Road that would have impacts on the any aspect of the project.

5. Habitats and Natural Resources: The landing aspect of the proposed project is located on a grassy bluff-top parcel that hosts morning glory flower (Calystegia purpurata) which is a sensitive species for California Department of Fish and Wildlife. It has been determined that any work conducted on the subject parcel will be within 50 feet of at least one morning glory plant. The proposed staging and development areas have a low to medium concentration of the morning glory plant. An analysis pursuant to MCC Section 20.496.020(A)(4) has be provided below.

a. The proposed project would only require temporary disturbance of the landing parcel for construction of the LMH and the connecting of oceanic cable with terrestrial ones.

b. The selected location for the LMH is the best suited location due to the frequency and density of the morning glory. Locations closer to State Route 1 would make the LMH more visible from the road and therefore impact the visual resources of the parcel, however, the LMH would also be set back from the bluff area which has a higher concentration of the morning glory plant, thus the selected location is the most feasible site available on the parcel to retain both visual and biological resources. PLANNING COMMISSION STAFF REPORT FOR U_2019-0010 COASTAL DEVELOPMENT USE PERMIT PAGE 5

c. As noted above, the selected location for the LMH would have the least impact on the surrounding special species and would maintain the physical integrity of the bluff top.

d. The construction of the LMH would occurring during the winter months on the subject parcel, a time at which the morning glory plant is dormant, thus the proposed project, as conditioned, would retain the functionality of the local habitat.

e. Conditions to the proposed project have been included to ensure the special species is not severely impacted by the installation of the LMH.

f. The proposed project entails the development of an 8 feet by 12 feet manhole that would cover less area than structures that typically do not require building permits.

g. The proposed project will be conducted outside of wetlands on the landing parcel, thus riparian vegetation will not be impacted.

h. The proposed project does not entail any above ground structures; the manholes to be installed will be constructed at grade and below ground to a depth of 9 feet.

i. The proposed project will involve temporary disturbance in the staging and manhole construction area, but biological diversity and hydrological processes will not be impacted. Furthermore, the biodiversity and hydrological processes are protected by conditions of approval for the project.

j. No streams exist in the development area thus there will not be impact drainage areas.

k. As noted though this report, significant impacts will not occur on the subject parcel.

Aspects of the proposed project after the landing are less impactful on habitats and natural resources. The proposed project does involve development in several wetlands that run along State Route 1. A county policy (August 7, 2006) states that roadside drainage that meets the appropriate criteria is not considered wetlands for a proposed project. Furthermore, MCC Section 20.496.025(7) states that burying cables in or through wetlands is a permissible form of development that does not require additional review.

6. Archaeological/Cultural Resources: An Archaeological and Cultural Report was completed for the proposed project and reviewed by the Mendocino County Archaeological Commission on July 10, 2019, which accepted the survey with the recommendations, and one additional condition. The survey did not observe any cultural or archaeological resources on the landing parcel, along the State Route 1 corridor, and the Cable Landing Station, but noted moderate to high levels of sensitivity to such resources in 3 of the soils units that were examined. The Archaeological Commission requested that an archaeologist be present for any bore holing around soil units 139, 182, and 214.

7. Grading, Erosion, and Run-Off: The grading, erosion, and run-off of the proposed project are not expected to be of concern because a majority of the work entails bore-holing and connecting the proposed cable to (mostly) existing sites, with the exception of the landing that must be developed. The landing parcel will host the Landing Manholes (LMH) in which the cable will transition from ocean to land. The LMH will be constructed at surface level with a depth of 9 feet thus some grading and excavating will be necessary. However, given the small footprint of the LMH, there is not expected to be any major issues with the landing parcel for grading issues. Aside from the establishment of the LMH, no aspect of the project would contribute to the erosion of run-off of soils along the State Route 1 corridor or at the Cable Landing Station.

PLANNING COMMISSION STAFF REPORT FOR U_2019-0010 COASTAL DEVELOPMENT USE PERMIT PAGE 7

ATTACHMENTS: A. Location Map B. Aerial Vicinity Map C. Aerial North Map D. Aerial Central Map E. Aerial South Map F. Topography Map G. Topography Landing Parcel Map H. Site Map I. Zoning Map J. General Plan Map K. LCP Land Use Map L. LCP Land Capabilities Map M. LCP Habitats and Resources Map N. LCP Appealable Areas Map O. Adjacent Owner North Map P. Adjacent Owner South Map Q. Fire Hazards Map R. Fault Zone Map S. Flood Zone Map T. Natural Hazards Map U. Wetlands Map V. Ground Water Resource Area Map W. Highly Scenic/Tree Removal Map X. Estimated Slope Map Y. Soils Map Z. Williamson Act Map AA. Important Farmland Map BB. Crop Type Map CC. Biological Resources Map DD. Miscellaneous Map

[MITIGATED NEGATIVE DECLARATION SCH #2019049159] Initial Study available online at: https://www.mendocinocounty.org/government/planning-building-services/meeting-agendas/planning-commission

RESOLUTION AND CONDITIONS OF APPROVAL (Exhibit A) Resolution Number ______

County of Mendocino Ukiah, California

October 3, 2019

U_2019-0010

RESOLUTION OF THE PLANNING COMMISSION, COUNTY OF MENDOCINO, STATE OF CALIFORNIA, GRANTING A COASTAL DEVELOPMENT USE PERMIT FOR A TRANS-OCEANIC CABLE

WHEREAS, the applicant, RTI INFRASTRUCTURE, INC., filed an application for a coastal development use permit with the Mendocino County Department of Planning and Building Services to construct a trans-oceanic cable , in the Coastal Zone, on several parcels. The landing parcel is located 3± miles north of Manchester center, on the west side of State Route 1 (SR 1), 0.5± miles south of its intersection with Irish Beach Dr (CR 539), located at 16000 S Hwy 1, Manchester (APN 132-170-11). Cable Landing Stations are located at the following sites: 44601 Kinney Road (133-010-04), 18650 S Hwy 1 (133-010-28), and 19700 S Hwy 1 (133-090-06); General Plan RL:160; Zoning RL:160/FP/SS; Supervisorial District 5; (the “Project”); and

WHEREAS, the Lead Agency (California State Lands Commission, prepared an Initial Study/Mitigated Negative Declaration for the above Project, and was noticed and made available for agency and public review and the review period closed on May 29, 2019 in accordance with the California Environmental Quality Act (CEQA) and the State and County CEQA Guidelines; and

WHEREAS, the County, as a Responsible Agency has reviewed the Initial Study/Mitigated Negative Declaration for the above Project and determined its adequacy and the project’s consistency with the Coastal Element of the General Plan; and

WHEREAS, in accordance with applicable provisions of law, the Planning Commission held a public hearing on October 3, 2019, at which time the Planning Commission heard and received all relevant testimony and evidence presented orally or in writing regarding the Project. All interested persons were given an opportunity to hear and be heard regarding the Project; and

WHEREAS, the Planning Commission has had an opportunity to review this Resolution and finds that it accurately sets forth the intentions of the Planning Commission regarding the Project.

NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission makes the following findings;

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 the Project; therefore, a Mitigated Negative Declaration is adopted.

COASTAL DEVELOPMENT PERMIT FINDINGS: Pursuant to the provisions of Chapter 20.532 and Chapter 20.536 of the Mendocino County Code, staff recommends the Planning Commission approve the proposed Project, and adopt the following findings:

1. Pursuant with MCC Section 20.532.095(A)(1), the proposed project is in conformity with the certified Local Coastal Program (LCP). The proposed subsea cable is a permitted use within the Rangeland, Public Facilities, and Rural Village LCP land use designation and is consistent with the intent of the those designations as well; and

2. Pursuant with MCC Section 20.532.095(A)(2), the proposed project would be provided with adequate utilities in terms of access roads and electricity. The supply of water is not necessary for the project. The site has been served for many years by State Route 1; and

3. Pursuant with MCC Section 20.532.095(A)(3), the proposed project is consistent with the purpose and intent of the Rangeland, Public Facilities, and Rural Village zoning districts, as well as all other provisions of Division II Zoning Ordinance (Local Coastal Program), Title 20 of the Mendocino County Code, and preserves the integrity of the aforementioned zoning districts; and

4. Pursuant with MCC Section 20.532.095(A)(4), the proposed project, if constructed in compliance with the conditions of approval, would not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. The proposed project entails the landing of a subsea cable on a parcel north of Manchester, bore-holing along State Route 1 and connection to the existing cable station, also north of Manchester. Additionally a mitigated negative declaration (SCH# 2019049159) was completed and adopted for the project by the State Lands Commission; and

5. Pursuant with MCC Section 20.532.095(A)(5), the proposed project would not have any adverse impact on any known archaeological or paleontological resources, as there are no known resources within the vicinity of the site per the survey submitted by the applicant and accepted by the Mendocino County Archaeological Commission. The Commission adopted the recommendations of the survey and an additional condition has been included to ensure archaeological sites or artifacts are protected in sensitive areas; and

6. Pursuant with MCC Section 20.532.095(A)(6), other public services, including but not limited to, solid waste and public roadway capacity have been considered and are adequate to serve the proposed development. The proposed project only requires electricity and road access and therefore other services are not required for the development; and

7. Pursuant with MCC Section 20.532.095(B), the proposed project would not diminish access to Mendocino County coastal areas and conforms to the goals and policies of the Coastal Element of the General Plan. The proposed project does not restrict access to the coast, though no public trail currently exists on the parcel, nor does the LCP require the establishment of a trail; and

8. Pursuant with MCC Section 20.532.100(A), the proposed project would not significantly degrade any ESHA resources and best management practices will be utilized to reduce any additional impacts to the site. The proposed project will impact some morning glory plants, by the applicant has self-prepared mitigation methods to limit disturbance. These have been solidified with a condition. Furthermore, the proposed project is in the least environmentally damaging location as improves would be occurring in existing disturbed area of the state reserve.

BE IT FURTHER RESOLVED that the Planning Commission hereby adopts the Initial Study and Mitigated Negative Declaration and the Conditions of Approval. The Planning Commission certifies that the Initial Study and Mitigated Negative Declaration have been completed, review, and considered, together with the comments received during the public review process, in compliance with CEQA and State and County CEQA Guidelines, and finds that the Initial Study and Mitigated Negative Declaration reflects the independent judgement and analysis of the Planning Commission.

BE IT FURTHER RESOLVED that the Planning Commission hereby grants the requested Coastal Development Use Permit, subject to the Conditions of Approval in Exhibit “A”, attached hereto.

BE IT FURTHER RESOLVED that the Planning Commission designates the Secretary as the custodian of the document and other material which constitutes the record of proceedings upon which the Planning Commission decision herein is based. These documents may be found at the office of the County of Mendocino Planning and Building Services, 860 North Bush Street, Ukiah, CA 95482.

BE IT FURTHER RESOLVED that the Planning Commission action shall be final on the 11th day after the date of the Resolution unless an appeal is taken.

I hereby certify that according to the Provisions of Government Code Section 25103 delivery of this document has been made.

ATTEST: JAMES F. FEENAN Commission Services Supervisor

By:______

BY: BRENT SCHULTZ MARILYN OGLE, Chair Director Mendocino County Planning Commission

______

EXHIBIT A

CONDITIONS OF APPROVAL

OCTOBER 3, 2019

U_2019-0010 – RTI INFRASTRUCTURE, INC.

APPROVED PROJECT DESCRIPTION: Coastal Development Use Permit request for a trans- oceanic fiber optics cable. The cable will land on the northern parcel (APN 132-170-11) through landing manholes (to be constructed). The cable will then travel south along State Route 1 to between one and three Cable Landing Station at the following APNs: 133-010-04, 133-010-28, and 133-090-06. Development includes ground disturbance via bore holes for placing the cable and construction of land structures on landing parcel. Additional ground disturbance will be required at each Cable Landing Station, also completed via bore holes. A full project description is provided with the application.

CONDITIONS OF APPROVAL:

1. This action shall become final on the 11th day following the decision unless an appeal is filed pursuant to Section 20.544.015 of the Mendocino County Code. The permit shall become effective after the ten working day appeal period to the Coastal Commission has expired and no appeal has been filed with the Coastal Commission. The permit shall expire and become null and void at the expiration of two years after the effective date except where construction and use of the property in reliance on such permit has been initiated prior to its expiration.

To remain valid, progress towards completion of the project must be continuous. The applicant has sole responsibility for renewing this application before the expiration date. The County will not provide a notice prior to the expiration date.

2. The application, along with supplemental exhibits and related material, shall be considered elements of this permit, and that compliance therewith is mandatory, unless an amendment has been approved by the Planning Commission.

3. This permit shall be subject to the securing of all necessary permits for the proposed development from County, State and Federal agencies having jurisdiction.

4. The applicant shall secure all required permits from the Building Inspection Division of the Department of Planning and Building Services for all construction, structural modifications, establishment of signs and compliance with handicapped accessibility for the facility if required.

5. This permit shall be subject to revocation or modification upon a finding of any one or more of the following:

a. The permit was obtained or extended by fraud.

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

c. The use for which the permit was granted is conducted so as to be detrimental to the public health, welfare or safety, or to be a nuisance.

d. A final judgment of a court of competent jurisdiction has declared one or more conditions to be void or ineffective, or has enjoined or otherwise prohibited, or the operation of one or more such conditions.

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

7. The applicant shall obtain an encroachment permit from the Mendocino County Department of Transportation for any work within the County rights-of-way.

8. It is the applicant’s responsibility to ensure that all necessary permits have been obtained for the purpose of completing the conditions of this use permit.

9. If any archaeological sites or artifacts are discovered during site excavation or construction activities, the applicant shall cease and desist from all further excavation and disturbances within one hundred (100) feet of the discovery, and make notification of the discovery to the Director of the Department of Planning and Building Services. The Director will coordinate further actions for the protection of the archaeological resources in accordance with Section 22.12.090 of the Mendocino County Code.

10. In addition to the survey recommendations, the applicant shall have an archaeologist present during the bore-holing of soils units 139, 182, 214 as identified in the May, 2019, Archaeological Survey prepared by Pappas and Rogers.

11. The applicant shall protect areas of disturbance that host any sensitive species, including, but not limited to the morning glory (Calystegia purpurata).

12. The applicant shall adopt a habitat restoration plan before the construction of the landing manhole on parcel 132-170-11 to the satisfaction of the California Department of Fish and Wildlife and shall ensure monitoring for morning glory survival for a minimum of two (2) years. The applicant shall submit the restoration plan to the County upon its approval by the California Department of Fish and Wildlife.

13. The applicant shall adhere to all avoidance, minimization and/or mitigation measures contained in the Initial Study and the Mitigated Negative Declaration (SCH #2019049159), included with this report.

14. This entitlement does not become effective or operative and no work shall be commenced under this entitlement until the California Department of Fish and Game filing fees required or authorized by Section 711.4 of the Fish and Game Code are submitted to the Mendocino County Department of Planning and Building Services. Said fee of $ 2404.75 OR CURRENT FEE shall be made payable to the Mendocino County Clerk and submitted to the Department of Planning and Building Services prior to October 8, 2019, (within 5 days of the end of any action). Any waiver of the fee shall be on a form issued by the Department of Fish and Game 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.

PROJECT AREA

Manchester !!!

SH 1

D ROA IE W M OU NT A IN V G a r c i a R

i v e r

E Legget t E

E Covel o

E E West port E E Laytonville City of Point Arena E E For t Br agg E Wil li t s E E Mendocino Potter Valley E E E Compt che E E Cal pell a Al bion E E Navarr o Point Arena E Uki ah E E E El k Phi lo ! E !! Boonvi ll e E E E Hopl and E E Point Arena Yor kvi ll e

E Gual al a MENDOCINO COUNTY PLANNING DEPARTMENT- 6/6/2019 CASE: U 2019-0010 0 2,550 5,100 Feet ! OWNER: 132-170-11 (Landing) !! Major Towns & Places Major Rivers APN: Various Sources: Esri, HERE, DeLorme, increment P Corp.,0 NPS, NRCan,0.5 Ordnance1 Miles µ APLCT: RTI Infrastructure, Inc. City Limits Survey, © OpenStreetMapHighways contributors, USGS, NGA, NASA, CGIAR, N 1:63,360 AGENT: Brian Bergfalk Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, ADDRESS: 16000 S. Highway 1, Manchester (Landing) Coastal Zone BoundaryGeoland, FEMA,Major Intermap Roads and the GIS user community LOCATION MAP ATTACHMENT A SH 1 MENDOCINO COUNTY PLANNING DEPARTMENT- 6/7/2019 CASE: U 2019-0010 0 1,000 2,000 Feet OWNER: 132-170-11 (Landing) APN: Various 0 0.175 0.35 Miles µ APLCT: RTI Infrastructure, Inc. 1:24,000 AGENT: Brian Bergfalk ADDRESS: 16000 S. Highway 1, Manchester (Landing) Highways AERIAL IMAGERY ATTACHMENT B SH 1

OWL CREEK ROAD MENDOCINO COUNTY PLANNING DEPARTMENT- 6/7/2019 CASE: U 2019-0010 0 255 510 Feet OWNER: 132-170-11 (Landing) Named Rivers Driveways/Unnamed Roads APN: Various 0 0.0425 0.085 Miles µ APLCT: RTI Infrastructure, Inc. Public Roads 1:6,000 AGENT: Brian Bergfalk ADDRESS: 16000 S. Highway 1, Manchester (Landing) Private Roads AERIAL IMAGERY ATTACHMENT C KINNEY ROAD 512

BIAGG I ROA D

B rush Creek MENDOCINO COUNTY PLANNING DEPARTMENT- 6/7/2019 CASE: U 2019-0010 0 255 510 Feet OWNER: 132-170-11 (Landing) Named Rivers Driveways/Unnamed Roads APN: Various 0 0.0425 0.085 Miles µ APLCT: RTI Infrastructure, Inc. Public Roads 1:6,000 AGENT: Brian Bergfalk ADDRESS: 16000 S. Highway 1, Manchester (Landing) Private Roads AERIAL IMAGERY ATTACHMENT D SH 1

BIAGG I ROA D MENDOCINO COUNTY PLANNING DEPARTMENT- 6/7/2019 CASE: U 2019-0010 0 75 150 Feet OWNER: 132-170-11 (Landing) APN: Various 0 0.0125 0.025 Miles µ APLCT: RTI Infrastructure, Inc. Public Roads 1:1,800 AGENT: Brian Bergfalk ADDRESS: 16000 S. Highway 1, Manchester (Landing) Private Roads AERIAL IMAGERY ATTACHMENT E SH 1

CABLE LANDING SITE

PROJECT ROUTE

MANCHESTER CABLE STATION

Manchester !!! MENDOCINO COUNTY PLANNING DEPARTMENT- 6/7/2019 CASE: U 2019-0010 0 950 1,900 Feet ! OWNER: 132-170-11 (Landing) !! Major Towns & Places APN: Various Sources: Esri, HERE, DeLorme, increment P Corp.,0 NPS,0.175 NRCan, Ordnance0.35 Miles µ APLCT: RTI Infrastructure, Inc. Coastal Zone BoundarySurvey, © OpenStreetMap contributors, USGS, NGA, NASA, CGIAR, N 1:24,000 AGENT: Brian Bergfalk Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Highways TOPOGRAPHIC MAP ADDRESS: 16000 S. Highway 1, Manchester (Landing) Geoland, FEMA, Intermap and the GIS user community CONTOUR INTERVALSITEPLAN IS 40 FEET ATTACHMENT F SH 1

D ROA EEK CR L

W O

l de r A C r e e k MENDOCINO COUNTY PLANNING DEPARTMENT- 6/6/2019 CASE: U 2019-0010 0 310 620 Feet OWNER: 132-170-11 (Landing) Named Rivers Driveways/Unnamed Roads APN: Various Sources: Esri, HERE, DeLorme, increment P Corp.,0 NPS,0.05 NRCan,0.1 OrdnanceMiles µ APLCT: RTI Infrastructure, Inc. Public Roads Survey, © OpenStreetMap contributors, USGS, NGA, NASA, CGIAR, N 1:7,400 AGENT: Brian Bergfalk Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Private Roads TOPOGRAPHIC MAP ADDRESS: 16000 S. Highway 1, Manchester (Landing) Geoland, FEMA, Intermap and the GIS user community CONTOUR INTERVALSITE IS 40PLAN FEET ATTACHMENT G MENDOCINO COUNTY PLANNING DEPARTMENT- 6/7/2019 CASE: U 2019-0010 0 255 510 Feet OWNER: 132-170-11 (Landing) APN: Various 0 0.0425 0.085 Miles µ APLCT: RTI Infrastructure, Inc. 1:6,000 AGENT: Brian Bergfalk ADDRESS: 16000 S. Highway 1, Manchester (Landing) SITE PLAN ATTACHMENT H TP

AG 60 RL TP TP

RR2 [RR1]

OS

PF RR2 RL

TP

RR5 [RR1]

AG 60 RR5 AG 60 RV

RR2 MENDOCINO COUNTY PLANNING DEPARTMENT- 6/7/2019 CASE:RR2U 2019-0010 [RR1] RR5 0 1,000 2,000 Feet OWNER: 132-170-11 (Landing) RL APN: Various 0 0.175 0.35 Miles µ APLCT: RTI Infrastructure, Inc. RL 1:24,000 AGENT: Brian Bergfalk ADDRESS:RL16000 S. HighwayRL 1, Manchester RR2 (Landing) [RR1]Zoning Districts ZONING DISPLAY MAP ATTACHMENT I FL 160

AG 60 RL 160 FL 160 FL RR 2 [RR 1]

RL 160 OS-DPR

PF RR 2 RL 160

FL 160 FL

RR 5 [RR 1]

AG 60 RR 5 AG 60 RV

RRRR 2 2 [RR 1] RR 5 MENDOCINO COUNTY PLANNING DEPARTMENT- 6/7/2019 CASE: U 2019-0010 0 1,000 2,000 Feet OWNER: 132-170-11 (Landing) APN: Various RL 160 RL 160 0 0.175 0.35 Miles µ APLCT: RTI Infrastructure, Inc. 1:24,000 AGENT: Brian BergfalkRL 160RR 2 [RR 1] ADDRESS:RL 16000160 S. Highway 1, Manchester (Landing) General Plan Classes GENERAL PLAN CLASSIFICATIONS ATTACHMENT J MENDOCINO COUNTY PLANNING DEPARTMENT- 6/7/2019 CASE: U 2019-0010 0 1,000 2,000 Feet OWNER: 132-170-11 (Landing) APN: Various 0 0.175 0.35 Miles µ APLCT: RTI Infrastructure, Inc. 1:24,000 AGENT: Brian Bergfalk ADDRESS: 16000 S. Highway 1, Manchester (Landing) LCP LAND USE MAPS 22 & 23 ATTACHMENT K MENDOCINO COUNTY PLANNING DEPARTMENT- 6/7/2019 CASE: U 2019-0010 0 1,000 2,000 Feet OWNER: 132-170-11 (Landing) APN: Various 0 0.175 0.35 Miles µ APLCT: RTI Infrastructure, Inc. 1:24,000 AGENT: Brian Bergfalk ADDRESS: 16000 S. Highway 1, Manchester (Landing) LCP LAND CAPABILITIES & NATURAL HAZARDS ATTACHMENT L MENDOCINO COUNTY PLANNING DEPARTMENT- 6/7/2019 CASE: U 2019-0010 0 1,000 2,000 Feet OWNER: 132-170-11 (Landing) APN: Various 0 0.175 0.35 Miles µ APLCT: RTI Infrastructure, Inc. 1:24,000 AGENT: Brian Bergfalk ADDRESS: 16000 S. Highway 1, Manchester (Landing) LCP HABITATS & RESOURCES ATTACHMENT M MENDOCINO COUNTY PLANNING DEPARTMENT- 6/7/2019 CASE: U 2019-0010 0 1,000 2,000 Feet OWNER: 132-170-11 (Landing) APN: Various 0 0.175 0.35 Miles µ APLCT: RTI Infrastructure, Inc. 1:24,000 AGENT: Brian Bergfalk ADDRESS: 16000 S. Highway 1, Manchester (Landing) POST LCP JURISDICTIONS ATTACHMENT N MENDOCINO COUNTY PLANNING DEPARTMENT- 6/7/2019 CASE: U 2019-0010 0 1,000 2,000 Feet OWNER: 132-170-11 (Landing) APN: Various 0 0.175 0.35 Miles µ APLCT: RTI Infrastructure, Inc. 1:24,000 AGENT: Brian Bergfalk ADDRESS: 16000 S. Highway 1, Manchester (Landing) ADJACENT PARCELS ATTACHMENT O 133-090-33 COAST MANCHESTER 133-090-32 19460 SO HWY 1 133-090-19 KAREN YAN RV 40K 0 A± MICHAEL BIAGGI 19420 SO HWY 1 19501 SO HWY 1 RR 5 8.68 A± 133-090-13 RV 40K 0.68 A± ELAINE COWDREY 19500 SO HWY 1 RV 40K 0 A±

133-090-11 UNION MANCHESTER

RV 40K 0.37 A±

133-090-12 SCHOOL MANCHESTER 19550 SO HWY 1 133-090-26 RV 40K 1.06 A± SCHOOL MANCHESTER

RV 40K 2.92 A± 133-090-10 MICHAEL BIAGGI 19570 SO HWY 1

RV 40K 0.5 A±

RV 40K 0 A± 0 40K RV 19601 SO HWY 1 SO HWY 19601

COAST REDWOOD COAST 133-090-20 133-090-25 133-110-11 JACKSON HANTZSCHE RICHARD PODESTA 19600 SO HWY 1 43851 CREAMERY LN RV 40K 0 A± AG 60 78 A±

133-090-08 133-090-09 FRANCES BURKEY FRANCES BURKEY 19620 SO HWY 1 133-090-21 RV 40K 0 A± RV 40K 0 A± ROGER SEYMOUR

RV 40K 0 A±

133-090-07 ROGER BARNES 19650 SO HWY 1 RV 40K 0 A± SH 1 133-090-22 133-090-27 JUDITH SEYMOUR ALBERT ABBOTT 19651 SO HWY 1 19670 SO HWY 1 RV 40K 0.98 A± RR 5 6 A±

133-090-06 COMMUNICAT WILLIAMS 19700 SO HWY 1 RV 40K 1 A±

133-100-18 JASON SANOVICH 133-100-02 19781 SO HWY 1 133-110-26 VIRGIL KNOCHE RV 40K 2 A± ROBERT GARIBALDI 44150 BIAGGI RD 133-090-28 RR 5 0 A± JOAN SCHULTZ RL 160 122.9 A± 19750 SO HWY 1 RV 40K 1 A±

133-100-03 WILLIAMBENEDICT 44120 BIAGGIRD RR 5 0 A±

133-100-17 D FRIEDMAN 133-100-06 19801 SO HWY 1 133-100-04 GERALD GRIFFIN 44100 BIAGGIRD RR 5 0 A± BARBARA GENTILE RV 40K 1.25 A± 19800 SO HWY 1 RV 40K 0 A±

133-100-05 JON LUTHER 44080 BIAGGIRD RR 5 0 A±

133-100-16 STATE OF CALIFORNIA 19835 SO HWY 1 RV 40K 2.71 A± 133-100-07 BONNIEJEAN MORGAN 19850 SO HWY 1 RV 40K 0 A± 133-100-14 CHARLES ERWIN 133-020-09 LANCE STORNETTA RL 160 0 A±

44151 BIAGGI RD MENDOCINO COUNTY PLANNING DEPARTMENT- 6/7/2019 BIAGG I ROA D 133-110-21 RL 160 0 A± ROBERT GARIBALDI CASE: U 2019-0010 133-100-08 0 75 150 Feet 133-100-15 19935 SO HWY 1 OWNER: 132-170-11 (Landing) LEONARD WINTER PAUL USKEVICZ 44051 BIAGGI RD RR 5 6.65 A± APN: Various 19865 SO HWY 1 0 0.0125 0.025 Miles µ RV 40K 0 A± 133-100-09Public Roads RV 40K 0 A± 1:1,800 APLCT: RTI Infrastructure, Inc. LEONARD WINTER AGENT: Brian Bergfalk 19900 SO HWY 1 ADDRESS: 16000 S. Highway 1, Manchester (Landing) RV 40KPrivate 0 A± Roads ADJACENT PARCELS ATTACHMENT P REDWOOD COAST FIRE PROTECTION DISTRICT MENDOCINO COUNTY PLANNING DEPARTMENT- 6/7/2019 CASE: U 2019-0010 0 1,000 2,000 Feet High Fire Hazard County Fire Districts OWNER: 132-170-11 (Landing) APN: Various 0 0.175 0.35 Miles µ Moderate Fire Hazard APLCT: RTI Infrastructure, Inc. 1:24,000 AGENT: Brian Bergfalk 89:s Fire Stations FIRE HAZARD ZONES & RESPONSIBILITY AREAS ADDRESS: 16000 S. Highway 1, Manchester (Landing) STATE RESPONSIBILITY AREA WETLANDS ATTACHMENT Q MENDOCINO COUNTY PLANNING DEPARTMENT- 6/7/2019 CASE: U 2019-0010 0 950 1,900 Feet OWNER: 132-170-11 (Landing) APN: Various Sources: Esri, HERE, DeLorme, increment P Corp.,0 NPS,0.175 NRCan, Ordnance0.35 Miles µ APLCT: RTI Infrastructure, Inc. Survey, © OpenStreetMap contributors, USGS, NGA, NASA, CGIAR, N 1:24,000 AGENT: Brian Bergfalk Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, ADDRESS: 16000 S. Highway 1, Manchester (Landing) San Andreas Fault ZoneGeoland, FEMA, Intermap and the GIS user communityEARTHQUAKE FAULT ZONES ATTACHMENT R FLOOD HAZARD AREAS 1% Annual Chance Flood Hazard MENDOCINO COUNTY PLANNING DEPARTMENT- 6/7/2019 CASE: U 2019-0010 0 1,000 2,000 Feet OWNER: 132-170-11 (Landing) APN: Various 0 0.175 0.35 Miles µ APLCT: RTI Infrastructure, Inc. 1:24,000 AGENT: Brian Bergfalk ADDRESS: 16000 S. Highway 1, Manchester (Landing) Tsunami Inundation Zones SPECIAL FLOOD HAZARD AREAS ATTACHMENT S MENDOCINO COUNTY PLANNING DEPARTMENT- 6/7/2019 CASE: U 2019-0010 0 1,000 2,000 Feet OWNER: 132-170-11 (Landing) APN: Various 0 0.175 0.35 Miles µ APLCT: RTI Infrastructure, Inc. 1:24,000 AGENT: Brian Bergfalk ADDRESS: 16000 S. Highway 1, Manchester (Landing) NATURAL HAZARDS & LANDSLIDES ATTACHMENT T NATIONAL WETLANDS INVENTORY Estuarine and Marine Deepwater Estuarine and Marine Wetland Freshwater Emergent Wetland Freshwater Forested/Shrub Wetland Freshwater Pond Lake Riverine

Estuarine and Marine Deepwater

Estuarine and Marine Wetland Riverine

Freshwater Pond

Freshwater Emergent Wetland

Freshwater Forested/Shrub Wetland

Lake MENDOCINO COUNTY PLANNING DEPARTMENT- 6/7/2019 CASE: U 2019-0010 0 1,000 2,000 Feet OWNER: 132-170-11 (Landing) APN: Various 0 0.175 0.35 Miles µ APLCT: RTI Infrastructure, Inc. 1:24,000 AGENT: Brian Bergfalk ADDRESS: 16000 S. Highway 1, Manchester (Landing) WETLANDS ATTACHMENT U MENDOCINO COUNTY PLANNING DEPARTMENT- 6/7/2019 CASE: U 2019-0010 0 1,000 2,000 Feet OWNER: 132-170-11 (Landing) APN: Various 0 0.175 0.35 Miles µ APLCT: RTI Infrastructure, Inc. DDD 1:24,000 AGENT: Brian Bergfalk DDD ADDRESS: 16000 S. Highway 1, Manchester (Landing) Critical Water Areas GROUND WATER RESOURCES DDD ATTACHMENT V MENDOCINO COUNTY PLANNING DEPARTMENT- 6/7/2019 CASE: U 2019-0010 0 1,000 2,000 Feet OWNER: 132-170-11 (Landing) APN: Various 0 0.175 0.35 Miles µ APLCT: RTI Infrastructure, Inc. 1:24,000 AGENT: Brian Bergfalk ADDRESS: 16000 S. Highway 1, Manchester (Landing) Highly Scenic Area HIGHLY SCENIC & TREE REMOVAL AREAS ATTACHMENT W MENDOCINO COUNTY PLANNING DEPARTMENT- 6/7/2019 CASE: U 2019-0010 0 950 1,900 Feet OWNER: 132-170-11 (Landing) 0° - 14° APN: Various Sources: Esri, HERE, DeLorme, increment P Corp.,0 NPS,0.175 NRCan, Ordnance0.35 Miles µ APLCT: RTI Infrastructure, Inc. 15° - 32° Survey, © OpenStreetMap contributors, USGS, NGA, NASA, CGIAR, N 1:24,000 AGENT: Brian Bergfalk Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, ADDRESS: 16000 S. Highway 1, Manchester (Landing) 33° - 72° Geoland, FEMA, Intermap and the GIS user community ESTIMATED SLOPE ATTACHMENT X 226 174 225 141

144 172 115 145 226 141

105 144 101 174 126 132 226

173 101 214 115 141 225

173 196 132 174 209

226 132 197 139 172

182 182 145 226

182 225 132 174

139 214 183 139 214 115 161 161 117 115

183 184 101

132

172 225 183 174

139 214 115 183 132

226 174 183 174 172 182 183 139 173 209 172 144 132 173 115

214 114

132 144 138 214 101 132 247 105 139

145 MENDOCINO COUNTY PLANNING DEPARTMENT- 6/7/2019 144 117 CASE: U 2019-0010 0 1,000 2,000 Feet131 OWNER: 132-170-11 (Landing) 184 APN: Various 139 0 0.175 0.35 Miles µ 117Bishop Pine 1:24,000 APLCT: RTI117 Infrastructure, Inc. AGENT: Brian Bergfalk 117 144 ADDRESS: 16000 S. Highway 1, Manchester (Landing) Western Study Soil Types 105 105 SOIL TYPES ATTACHMENT Y MENDOCINO COUNTY PLANNING DEPARTMENT- 6/7/2019 CASE: U 2019-0010 0 1,000 2,000 Feet OWNER: 132-170-11 (Landing) Williamson Act 2018 Non-Renewal Ag 2018 APN: Various 0 0.175 0.35 Miles µ APLCT: RTI Infrastructure, Inc. Prime Ag 2018 1:24,000 AGENT: Brian Bergfalk ADDRESS: 16000 S. Highway 1, Manchester (Landing) Non-Prime Ag 2018 LANDS IN WILLIAMSON ACT CONTRACTS ATTACHMENT Z Urban & Built-Up Land (D) Grazing Land (G) Non-Ag & Natural Vegetation (nv) Prime Farmland (P) Rural Residential & Rural Commercial (R) Farmland of Statewide Importance (S) Semi-Ag & Rural Commercial (sAC) Unique Farmland (U)

G

R

S sAC D U MENDOCINO COUNTY PLANNING DEPARTMENT- 6/7/2019 CASE: U 2019-0010 0 1,000 2,000 Feet OWNER: 132-170-11 (Landing) APN: Various nv 0 0.175 0.35 Miles µ APLCT: RTI Infrastructure, Inc. P 1:24,000 AGENT: Brian Bergfalk ADDRESS: 16000 S. Highway 1, Manchester (Landing) IMPORTANT FARMLAND ATTACHMENT AA DWR Crop Type Crop2014 Idle Mixed Pasture MENDOCINO COUNTY PLANNING DEPARTMENT- 6/7/2019 CASE: U 2019-0010 0 1,000 2,000 Feet OWNER: 132-170-11 (Landing) APN: Various 0 0.175 0.35 Miles µ APLCT: RTI Infrastructure, Inc. 1:24,000 AGENT: Brian Bergfalk ADDRESS: 16000 S. Highway 1, Manchester (Landing) CROP TYPES ATTACHMENT BB SH 1 MENDOCINO COUNTY PLANNING DEPARTMENT- 6/7/2019 CASE: U 2019-0010 0 1,000 2,000 Feet OWNER: 132-170-11 (Landing) APN: Various 0 0.175 0.35 Miles µ APLCT: RTI Infrastructure, Inc. 1:24,000 AGENT: Brian Bergfalk ADDRESS: 16000 S. Highway 1, Manchester (Landing) Highways BIOLOGICAL RESOURCES ATTACHMENT CC Manchester SP MENDOCINO COUNTY PLANNING DEPARTMENT- 6/7/2019 CASE: U 2019-0010 0 1,000 2,000 Feet OWNER: 132-170-11 (Landing) APN: Various 0 0.175 0.35 Miles µ APLCT: RTI Infrastructure, Inc. Supervisorial Districts 2010 1:24,000 AGENT: Brian Bergfalk ADDRESS: 16000 S. Highway 1, Manchester (Landing) State Parks MISC ATTACHMENT DD

Resolution Number ______

County of Mendocino Ukiah, California

October 3, 2019

U_2019-0010

RESOLUTION OF THE PLANNING COMMISSION, COUNTY OF MENDOCINO, STATE OF CALIFORNIA, GRANTING A COASTAL DEVELOPMENT USE PERMIT FOR A TRANS-OCEANIC CABLE

WHEREAS, the applicant, RTI INFRASTRUCTURE, INC., filed an application for a coastal development use permit with the Mendocino County Department of Planning and Building Services to construct a trans-oceanic cable , in the Coastal Zone, on several parcels. The landing parcel is located 3± miles north of Manchester center, on the west side of State Route 1 (SR 1), 0.5± miles south of its intersection with Irish Beach Dr (CR 539), located at 16000 S Hwy 1, Manchester (APN 132-170-11). Cable Landing Stations are located at the following sites: 44601 Kinney Road (133-010-04), 18650 S Hwy 1 (133-010-28), and 19700 S Hwy 1 (133-090-06); General Plan RL:160; Zoning RL:160/FP/SS; Supervisorial District 5; (the “Project”); and

WHEREAS, the Lead Agency (California State Lands Commission, prepared an Initial Study/Mitigated Negative Declaration for the above Project, and was noticed and made available for agency and public review and the review period closed on May 29, 2019 in accordance with the California Environmental Quality Act (CEQA) and the State and County CEQA Guidelines; and

WHEREAS, the County, as a Responsible Agency has reviewed the Initial Study/Mitigated Negative Declaration for the above Project and determined its adequacy and the project’s consistency with the Coastal Element of the General Plan; and

WHEREAS, in accordance with applicable provisions of law, the Planning Commission held a public hearing on October 3, 2019, at which time the Planning Commission heard and received all relevant testimony and evidence presented orally or in writing regarding the Project. All interested persons were given an opportunity to hear and be heard regarding the Project; and

WHEREAS, the Planning Commission has had an opportunity to review this Resolution and finds that it accurately sets forth the intentions of the Planning Commission regarding the Project.

NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission makes the following findings;

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 the Project; therefore, a Mitigated Negative Declaration is adopted.

COASTAL DEVELOPMENT PERMIT FINDINGS: Pursuant to the provisions of Chapter 20.532 and Chapter 20.536 of the Mendocino County Code, staff recommends the Planning Commission approve the proposed Project, and adopt the following findings:

1. Pursuant with MCC Section 20.532.095(A)(1), the proposed project is in conformity with the certified Local Coastal Program (LCP). The proposed subsea cable is a permitted use within the Rangeland, Public Facilities, and Rural Village LCP land use designation and is consistent with the intent of the those designations as well; and

2. Pursuant with MCC Section 20.532.095(A)(2), the proposed project would be provided with adequate utilities in terms of access roads and electricity. The supply of water is not necessary for the project. The site has been served for many years by State Route 1; and

3. Pursuant with MCC Section 20.532.095(A)(3), the proposed project is consistent with the purpose and intent of the Rangeland, Public Facilities, and Rural Village zoning districts, as well as all other provisions of Division II Zoning Ordinance (Local Coastal Program), Title 20 of the Mendocino County Code, and preserves the integrity of the aforementioned zoning districts; and

4. Pursuant with MCC Section 20.532.095(A)(4), the proposed project, if constructed in compliance with the conditions of approval, would not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. The proposed project entails the landing of a subsea cable on a parcel north of Manchester, bore-holing along State Route 1 and connection to the existing cable station, also north of Manchester. Additionally a mitigated negative declaration (SCH# 2019049159) was completed and adopted for the project by the State Lands Commission; and

5. Pursuant with MCC Section 20.532.095(A)(5), the proposed project would not have any adverse impact on any known archaeological or paleontological resources, as there are no known resources within the vicinity of the site per the survey submitted by the applicant and accepted by the Mendocino County Archaeological Commission. The Commission adopted the recommendations of the survey and an additional condition has been included to ensure archaeological sites or artifacts are protected in sensitive areas; and

6. Pursuant with MCC Section 20.532.095(A)(6), other public services, including but not limited to, solid waste and public roadway capacity have been considered and are adequate to serve the proposed development. The proposed project only requires electricity and road access and therefore other services are not required for the development; and

7. Pursuant with MCC Section 20.532.095(B), the proposed project would not diminish access to Mendocino County coastal areas and conforms to the goals and policies of the Coastal Element of the General Plan. The proposed project does not restrict access to the coast, though no public trail currently exists on the parcel, nor does the LCP require the establishment of a trail; and

8. Pursuant with MCC Section 20.532.100(A), the proposed project would not significantly degrade any ESHA resources and best management practices will be utilized to reduce any additional impacts to the site. The proposed project will impact some morning glory plants, by the applicant has self-prepared mitigation methods to limit disturbance. These have been solidified with a condition. Furthermore, the proposed project is in the least environmentally damaging location as improves would be occurring in existing disturbed area of the state reserve.

BE IT FURTHER RESOLVED that the Planning Commission hereby adopts the Initial Study and Mitigated Negative Declaration and the Conditions of Approval. The Planning Commission certifies that the Initial Study and Mitigated Negative Declaration have been completed, review, and considered, together with the comments received during the public review process, in compliance with CEQA and State and County CEQA Guidelines, and finds that the Initial Study and Mitigated Negative Declaration reflects the independent judgement and analysis of the Planning Commission.

BE IT FURTHER RESOLVED that the Planning Commission hereby grants the requested Coastal Development Use Permit, subject to the Conditions of Approval in Exhibit “A”, attached hereto.

BE IT FURTHER RESOLVED that the Planning Commission designates the Secretary as the custodian of the document and other material which constitutes the record of proceedings upon which the Planning Commission decision herein is based. These documents may be found at the office of the County of Mendocino Planning and Building Services, 860 North Bush Street, Ukiah, CA 95482.

BE IT FURTHER RESOLVED that the Planning Commission action shall be final on the 11th day after the date of the Resolution unless an appeal is taken.

I hereby certify that according to the Provisions of Government Code Section 25103 delivery of this document has been made.

ATTEST: JAMES F. FEENAN Commission Services Supervisor

By:______

BY: BRENT SCHULTZ MARILYN OGLE, Chair Director Mendocino County Planning Commission

______

EXHIBIT A

CONDITIONS OF APPROVAL

OCTOBER 3, 2019

U_2019-0010 – RTI INFRASTRUCTURE, INC.

APPROVED PROJECT DESCRIPTION: Coastal Development Use Permit request for a trans- oceanic fiber optics cable. The cable will land on the northern parcel (APN 132-170-11) through landing manholes (to be constructed). The cable will then travel south along State Route 1 to between one and three Cable Landing Station at the following APNs: 133-010-04, 133-010-28, and 133-090-06. Development includes ground disturbance via bore holes for placing the cable and construction of land structures on landing parcel. Additional ground disturbance will be required at each Cable Landing Station, also completed via bore holes. A full project description is provided with the application.

CONDITIONS OF APPROVAL:

1. This action shall become final on the 11th day following the decision unless an appeal is filed pursuant to Section 20.544.015 of the Mendocino County Code. The permit shall become effective after the ten working day appeal period to the Coastal Commission has expired and no appeal has been filed with the Coastal Commission. The permit shall expire and become null and void at the expiration of two years after the effective date except where construction and use of the property in reliance on such permit has been initiated prior to its expiration.

To remain valid, progress towards completion of the project must be continuous. The applicant has sole responsibility for renewing this application before the expiration date. The County will not provide a notice prior to the expiration date.

2. The application, along with supplemental exhibits and related material, shall be considered elements of this permit, and that compliance therewith is mandatory, unless an amendment has been approved by the Planning Commission.

3. This permit shall be subject to the securing of all necessary permits for the proposed development from County, State and Federal agencies having jurisdiction.

4. The applicant shall secure all required permits from the Building Inspection Division of the Department of Planning and Building Services for all construction, structural modifications, establishment of signs and compliance with handicapped accessibility for the facility if required.

5. This permit shall be subject to revocation or modification upon a finding of any one or more of the following:

a. The permit was obtained or extended by fraud.

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

c. The use for which the permit was granted is conducted so as to be detrimental to the public health, welfare or safety, or to be a nuisance.

d. A final judgment of a court of competent jurisdiction has declared one or more conditions to be void or ineffective, or has enjoined or otherwise prohibited, or the operation of one or more such conditions.

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

7. The applicant shall obtain an encroachment permit from the Mendocino County Department of Transportation for any work within the County rights-of-way.

8. It is the applicant’s responsibility to ensure that all necessary permits have been obtained for the purpose of completing the conditions of this use permit.

9. If any archaeological sites or artifacts are discovered during site excavation or construction activities, the applicant shall cease and desist from all further excavation and disturbances within one hundred (100) feet of the discovery, and make notification of the discovery to the Director of the Department of Planning and Building Services. The Director will coordinate further actions for the protection of the archaeological resources in accordance with Section 22.12.090 of the Mendocino County Code.

10. In addition to the survey recommendations, the applicant shall have an archaeologist present during the bore-holing of soils units 139, 182, 214 as identified in the May, 2019, Archaeological Survey prepared by Pappas and Rogers.

11. The applicant shall protect areas of disturbance that host any sensitive species, including, but not limited to the morning glory (Calystegia purpurata).

12. The applicant shall adopt a habitat restoration plan before the construction of the landing manhole on parcel 132-170-11 to the satisfaction of the California Department of Fish and Wildlife and shall ensure monitoring for morning glory survival for a minimum of two (2) years. The applicant shall submit the restoration plan to the County upon its approval by the California Department of Fish and Wildlife.

13. The applicant shall adhere to all avoidance, minimization and/or mitigation measures contained in the Initial Study and the Mitigated Negative Declaration (SCH #2019049159), included with this report.

14. This entitlement does not become effective or operative and no work shall be commenced under this entitlement until the California Department of Fish and Game filing fees required or authorized by Section 711.4 of the Fish and Game Code are submitted to the Mendocino County Department of Planning and Building Services. Said fee of $ 2404.75 OR CURRENT FEE shall be made payable to the Mendocino County Clerk and submitted to the Department of Planning and Building Services prior to October 8, 2019, (within 5 days of the end of any action). Any waiver of the fee shall be on a form issued by the Department of Fish and Game 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.