Environmental Review

The CEQA (Public Resources Code Section 21000, et seq.) applies to discretionary projects to be carried out or approved by public agencies. A basic purpose of CEQA is to "inform governmental decision-makers and the public about the potential, significant environmental effects of the proposed activities." (Title 14 of the California Code of Regulations, hereinafter, "CEQA Guidelines," Section 15002.)

Since the proposed project is subject to CEQA and the Commission must issue a discretionary decision without which the project cannot proceed (i.e., the Commission must act on the application before it for an approval of a construction project subject to Pub. Util. Code § 1001), this Commission must act as either a Lead or a Responsible Agency under CEQA. The Lead Agency is the public agency with the greatest responsibility for supervising or approving the project as a whole (CEQA Guidelines Section 15051(b)).

The Commission is the Lead Agency for this proposed project under CEQA. CEQA requires that the Commission consider the environmental consequences of a project that is subject to its discretionary approval. In particular, the Commission must consider the environmental documents and findings prepared by staff pursuant to CEQA before acting upon or approving the project (CEQA Guidelines Section 15074(b)).

ExteNet's application to construct the State Route 35 Project includes the Proponent's Environmental Assessment (PEA) prepared by ExteNet pursuant to Rule 2.4. The proposed project would consist of the following four phases:

· Phase 1: Installation of 1,187 linear feet (.23 miles) of fiber optic polyvinyl chloride (PVC) conduit. Installation will occur through trenching and boring.

· Phase 2: Installation of 17 fiber-fed antenna nodes with associated fiber-optic communications equipment. The nodes will be placed on existing, newly-installed, or replaced wooden utility poles.

· Phase 3: Installation and splicing of 66,898 feet
(12.67 miles) of fiber-optic cable in existing conduit, in newly installed conduit, and on existing and newly installed utility poles; installation of new wooden utility service poles at specific node locations to bring fiber-optic cable and electricity to node locations.

· Phase 4: Connection of the DAS system to an existing cell site base station south of Node #52, and the installation of a new cell site base at the southern terminus of the project alignment.

As the Lead Agency for this project, the Commission staff prepared and issued on September 2, 2011, an Initial Study and Mitigated Negative Declaration (ISMND) pursuant to CEQA. This ISMND reviewed the potential environmental impacts of the ExteNet proposed project over the entire range of applicable environmental resources and concluded that the instant project could not have a significant effect on the environment with the required mitigation. The mitigation measures identified in the ISMND are designed to avoid significant impacts to: Aesthetics, Air Quality, Biology, Cultural Resources, Geology and Soils, and Transportation and Traffic. These mitigation measures will be made conditions of project approval.

The ISMND was submitted to the State Clearinghouse at the Office of Planning and Research and circulated to the San Mateo County Planning Department, and the State Department of Transportation, among others. The comment period was from September 2, 2011 through October 3, 2011. Additionally, a "Notice of Intent to Adopt a Negative Declaration" was published twice during two successive weeks in the local paper of record. No comments on the ISMND were receive.

The Commission has independently reviewed the application by ExteNet for authority to construct fiber optic cable and related facilities, including the ISMND prepared by Commission staff. The Commission finds that the ISMND was developed in accordance with CEQA and is adequate for the Commission's decision-making purposes as a Lead Agency pursuant to CEQA.

The Commission will order the filing of a Notice of Determination with the Office of Planning and Research pursuant to Public Resources Code
Section 21152 and California Code of Regulations Section 15075, and makes the following findings:

· The Commission finds that the ISMND was developed in accordance with CEQA and is adequate for the Commission's decision-making purposes as a Lead Agency pursuant to CEQA;

· On the basis of the whole record, including the ISMND, there is no substantial evidence the project will have a significant adverse effect on the environment; and

· The Mitigated Negative Declaration reflects the Commission's independent judgment and analysis.