COASTAL DEVELOPMENT PERMIT Case No.: 09CDH Project Name: NextG Trenching & Underground Fiber Project Project Address: El Colegio &

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1 COASTAL DEVELOPMENT PERMIT Case No.: 09CDH Project Assessor s Parcel No.: and Applicant Name: Robert Delsman, NextG Networks of California The Zoning Administrator hereby approves this Coastal Development Permit for the development described below, based upon the required findings and subject to the attached terms and conditions. Associated Case Number(s): N/A Project Description Summary: See Attached Project Specific Conditions: See Attached Permit Compliance Case: X Yes No Permit Compliance Case No.: Appeals: The approval of this Coastal Development Permit may be appealed to the Santa Barbara County Planning Commission by the applicant or an aggrieved person. The written appeal and accompanying fee must be filed with the Planning and Development Department at either 123 East Anapamu Street, Santa Barbara, or 624 West Foster Road, Suite C, Santa Maria, by 5:00 p.m. on or before December 17, The final action by the County on this Coastal Development Permit may be appealed to the California Coastal Commission after the appellant has exhausted all local appeals. Therefore a fee is not required to file an appeal of this Coastal Development Permit. Terms of Permit Issuance: 1. Work Prohibited Prior to Permit Issuance. No work, development, or use intended to be authorized pursuant to this approval shall commence prior to issuance of this Coastal Development Permit and/or any other required permit (e.g., Building Permit). Warning! This is not a Building/Grading Permit. 2. Date of Permit Issuance. This Permit shall be deemed effective and issued once all appeal periods have expired and all conditions required prior to issuance have been satisfied, provided an appeal of this approval has not been filed. 3. Time Limit. The approval of this Coastal Development Permit shall be valid for one year from the date of approval. Failure to obtain a required construction, demolition, or grading permit and to lawfully commence development within two years of permit issuance shall render this Coastal Development Permit null and void. NOTE: Approval and issuance of a Coastal Development Permit for this project does not allow construction or use outside of the project description, terms or conditions; nor shall it be construed to be an approval of a violation of any provision of any County Policy, Ordinance or other governmental regulation.

2 El Colegio & Embarcadero Del Norte Page 2 Owner/Applicant Acknowledgement: Undersigned permittee acknowledges receipt of this pending approval and agrees to abide by all terms and conditions thereof. / Print Name Signature Date Date of Zoning Administrator Approval: Planning and Development Department Issuance by: / Print Name Signature Date

3 Attachment A, Page 1 ATTACHMENT A: PROJECT SPECIFIC CONDITIONS 1. This Coastal Development Permit is based upon and limited to compliance with the project description, the exhibits, and conditions of approval set forth below. Any deviations from the project description, exhibits or conditions must be reviewed and approved by the County for conformity with this approval. Deviations may require approved changes to the permit and/or further environmental review. Deviations without the above described approval will constitute a violation of permit approval. The project description is as follows: The project is for the boring, trenching and installation of new underground telecommunications conduit and fiber. The conduit and fiber are to support a new distributed antenna system. The conduit and fiber would be installed within the existing public road right-of-way and/or within a recorded easement, and would be connected to existing above-ground existing utility poles. Approximately 653 feet of conduit and fiber would be installed along Storke and Embarcadero del Norte Roads. Trenching for the project would be three (3) feet in depth and one (1) foot in width, and would require approximately 76 cubic yards of grading. No trees or vegetation would be removed by the project. The public roadways would be returned to pre-project conditions at the end of the project. The grading, development, use, and maintenance of the property, the size, shape, arrangement, and location of structures, parking areas and landscape areas, and the protection and preservation of resources shall conform to the project description above, the referenced exhibits, and conditions of approval below. The property and any portions thereof shall be sold, leased or financed in compliance with this project description and the approved exhibits and conditions of approval hereto. All plans (such as Restoration Plans) shall be implemented as approved by the County. PROJECT SPECIFIC CONDITIONS 2. Mitigation Monitoring required: The applicant shall ensure that the project complies with all approved plans and all project conditions including those which must be monitored after the project is built and occupied. To accomplish this, the applicant agrees to: a. Contact P&D compliance staff as soon as possible after project approval to provide the name and phone number of the future contact person for the project and give estimated dates for future project activities. b. Contact P&D compliance staff at least two weeks prior to commencement of construction activities to schedule an on-site pre-construction meeting with the owner, compliance staff, other agency personnel and with key construction personnel. c. Pay a deposit fee of $1, prior to issuance of the Coastal Development Permit as authorized under ordinance and to cover costs of monitoring as described above. This may include additional costs for P&D to hire and manage outside consultants when deemed necessary by P&D staff (e.g. non-compliance situations, special monitoring needed for sensitive areas including but not limited to

4 Attachment A, Page 2 biologists, archaeologists) to assess damage and/or ensure compliance. In such cases, the applicant shall comply with P&D recommendations to bring the project into compliance. The decision of the Director of P&D shall be final in the event of a dispute. d. In the event that staff determines that any portion of the project is not in compliance with the conditions of approval of this permit or the approved plans dated November 20, 2009, an immediate STOP WORK ORDER may be issued. 3. Prior to issuance of this Coastal Development Permit the applicant shall apply for and receive a Road Encroachment Permit from the Santa Barbara County Public Works Department, Transportation Division. Plan Requirements & Timing: The applicant shall provide a copy of the Road Encroachment Permit prior to issuance of this Coastal Development Permit. Monitoring: P&D staff shall ensure compliance with this condition prior to issuance of the Coastal Development Permit. 4. Construction activity for site preparation and for future development shall be strictly limited to the hours between 8:30 a.m. and 4:30 p.m., Monday through Friday. No construction or work shall occur on weekends or State or national holidays, including, but not limited to Cesar Chavez Day, Christmas Day, Columbus Day, Independence Day, Labor Day, Martin Luther King Jr. Day, Memorial Day, Presidents Day, Thanksgiving Day and Veterans Day. Construction equipment maintenance shall be limited to the same hours. Plan Requirements and Timing: Prior to issuance of this Coastal Development Permit, this condition shall be printed on all grading and building plans. Three easily readable signs stating these restrictions shall be provided by the applicant and posted on site. Signs shall be in place prior to beginning of, and throughout, grading and construction activities. Monitoring: Permit Compliance, Grading and Building Inspectors and/or P&D staff shall conduct spot checks, shall respond to complaints and shall enforce this condition for the duration of the project. 5. On all roads on which work would occur, including but not limited to El Colegio and Embarcadero del Norte, at a minimum one lane shall remain open and passable for vehicles, pedestrians and bicyclists at all times for the duration of the project. Any proposed change to this condition shall require review and approval by both P&D and the Santa Barbara County Roads Division. Plan Requirements and Timing: Prior to issuance of this Coastal Development Permit, this condition shall be printed on all grading and building plans. The applicant shall provide the name and contact information of the general contractor or designee thereof who shall be available and responsible for rectifying any violation of this condition as directed by P&D and/or the Roads Division. Monitoring: Permit Compliance, Grading and Building Inspectors and P&D staff shall conduct spot checks and ensure compliance with this condition and shall respond to complaints. 6. Prior to issuance of this Coastal Development Permit, the applicant shall prepare a Parking Plan for construction employee parking. The Parking Plan shall provide for parking of vehicles and/or equipment that does not impact public parking within Isla Vista. The Parking Plan shall also provide the name and contact information of the general contractor or designee thereof who shall be available and responsible for immediately moving any vehicles found parked in violation of the Plan. The Parking Plan shall be provided to Planning and Development for review and approval. Plan Requirements and Timing: Prior to issuance of this Coastal Development Permit, this condition shall be printed on all grading and building plans. The applicant shall provide the Parking Plan to P&D for review and approval prior to issuance of this Coastal Development Permit. Monitoring: Permit Compliance, Grading and Building Inspectors and

5 Attachment A, Page 3 P&D staff shall conduct spot checks and ensure compliance with this condition and shall respond to complaints. 7. Prior to issuance of this Coastal Development Permit, the applicant shall designate areas for staging, maintenance and stockpiling of equipment, materials, grading spoils or fill material and for concrete washout. Areas designated for staging, maintenance, and stockpiling functions and concrete washout shall be located at least 100 feet from any storm drain, creek, water body or sensitive biological resource and shall not be located within the public road right-of-way. The location(s) of said staging, washout and stockpiling area(s) shall be clearly noted at the construction site with signs and these areas and signs shall be in pace prior to initiation of any project activities and shall be maintained for the duration of the project. Plan Requirements and Timing: Prior to issuance of this Coastal Development Permit, this condition shall be printed on all grading and building plans. The applicant shall designate staging, maintenance, stockpiling and washout areas acceptable to P&D and these areas shall be shown on the site, grading and building plans. These areas shall be designated on all plans prior to issuance of this Coastal Development Permit. These areas and the signs identifying the areas shall be in place prior to the start of any ground disturbance, stockpiling of materials, and staging or parking of equipment or vehicles. Monitoring: Permit Compliance, P&D staff and/or Grading and Building Inspectors shall ensure compliance with this condition and the proper use and maintenance of the designated area(s). 8. During grading and/or construction, the following activities shall occur only in areas where all run-off, contaminated water and materials can be contained for subsequent removal from the site and which are located a minimum of 100 feet from any watercourse, storm drain, creek, waterbody or other sensitive biological resource: staging and parking of equipment and vehicles; stockpiling of materials and supplies; minor maintenance of equipment, vehicles and machinery; washdown of vehicles to remove dirt only; washout of concrete trucks and/or equipment. Equipment and vehicle washing and major maintenance are prohibited at the site. Run-off and wash water shall not be discharged to storm drains, street, drainage ditches, creeks, or wetlands. Migration of materials or run-off from the project area shall be prevented by implementation of Best Management Practices, including, but not limited to, the use of soil berms, visquine, silt fencing, straw bales, coir, and/or straw wattle and/or as directed by Permit Compliance, P&D staff and/or Grading and Building Inspectors. Plan Requirements and Timing: Prior to issuance of this Coastal Development Permit, this condition shall be printed on all grading and building plans. Prior to start of ground disturbing activities all materials needed to implement Best Management Practices shall be present on-site or at an approved off-site location. Monitoring: Permit Compliance, P&D staff and/or Grading and Building Inspectors shall ensure compliance with this condition and the proper use and maintenance of the designated area(s). 9. Best available erosion and sediment control measures shall be implemented during grading and construction and/or as directed by Permit Compliance, P&D staff or grading and building inspectors. Best available erosion and sediment control measures may include but are not limited to use of sediment basins, gravel bags, silt fences, geo-bags or gravel and geotextile fabric berms, erosion control blankets, coir rolls, jute net, and straw bales. Storm drain inlets, creeks and other water bodies shall be protected from sediment-laden waters by use of protection devices such as gravel bag barriers, filter fabric fences, block and gravel filters, and excavated inlet sediment traps. Sediment control measures shall be maintained for the duration of the grading period and until graded areas have been stabilized by structures, long-term erosion control measures or landscaping. Construction entrances and exits shall be stabilized using gravel beds, rumble plates, or other measures to prevent sediment from being tracked

6 Attachment A, Page 4 onto adjacent roadways. Any sediment or other materials tracked off site shall be removed the same day as they are tracked using dry cleaning methods. Plan Requirements and Timing: This condition shall be printed on all grading and building plans. Erosion and sediment control materials and measures shall be present on-site, or at an approved off-site location, and installed on-site prior to the start of any ground disturbing activities and/or as directed by Permit Compliance, P&D staff or grading and building inspectors. The erosion and sediment control measures shall be maintained for the duration of the project. Monitoring: Permit Compliance, P&D staff and/or Grading and Building Inspectors shall perform site inspections and ensure compliance with this condition. 10. The following measures shall be implemented to reduce erosion from construction activities, to prevent sediment in storm water discharges, and to minimize non-storm water pollutants at the project site. a) Temporary stockpiles at the project site shall be protected from erosion by the combined use of surface stabilization, upslope runoff diversions, temporary berms around the perimeter, perimeter interceptor ditches, and temporary downstream catchments, as necessary and appropriate and/or as directed by P&D staff and grading and building inspectors. If stockpiles are present during the rainy season (designated the following period for this project: November 15 to April 1) they shall be protected from erosion due to direct precipitation or runoff during the winter by the use of surface stabilization (such as erosion control blankets or temporary seed cover). b) BMPs to prevent discharge of construction materials, contaminants, washings, concrete, fuels, and oils shall include the following measures: i. ) Vehicles and equipment shall be maintained properly to prevent leakage of hydrocarbons and other fluids, and shall be examined for leaks on a daily basis. All maintenance shall occur in designated offsite areas, which shall include spill containment devices and absorbent materials to clean up spills. ii. Any accidental spill of hydrocarbons or other fluids that may occur at the work site shall be cleaned immediately. Spill containment devices and absorbent materials shall be maintained on the work site for this purpose. iii. All fuel, lubricants, paints and other construction liquids shall be stored in secured and covered containers within a bermed or otherwise contained area at least 100 feet from any creek, drainage or waterbody. iv. All refueling of vehicles and heavy equipment shall occur only within designated refueling areas located at least 200 feet from any creek, drainage or waterbody. All refueling locations shall be contained with an impervious material surrounded by an earthen berm. Designated refueling areas shall include spill containment devices (e.g. drain pans) and absorbent materials to clean up spills. v. Equipment washing and major maintenance is prohibited at the project site, except for washdown of vehicles to remove dirt only.

7 Attachment A, Page 5 vi. Waste and debris generated during construction shall be stored in designated waste collection areas and containers away from drainage features, and shall be disposed of regularly. vii. If visual or aromatic evidence suggests contamination during dewatering activities, discharge shall stop until an appropriate collection and disposal system for the discharge has been developed and appropriately implemented. viii. Convenient portable sanitary/septic facilities shall be provided during construction activities. These facilities shall be well maintained and serviced, and wastes shall be treated and disposed of in accordance with State and local requirements. Plan Requirements and Timing. Prior to issuance of this Coastal Development Permit, this condition shall be printed on all grading and building plans. Monitoring: Permit Compliance, P&D staff and/or Grading and Building Inspectors shall conduct inspections of BMPs throughout grading and construction and shall ensure compliance with this condition. 11. All BMPs shall be on-site and available for use prior to the start of ground disturbing activities or as directed by Permit Compliance or P&D staff, including but not limited to the following: erosion and sediment control measures; noise attenuation measures; measures for containment of run-off and concrete wash materials; and measures for containment of hazardous materials, fuels, solvents and oils. Plan Requirements and Timing: Prior to issuance of this Coastal Development Permit, this condition shall be printed on all grading and building plans. Monitoring: Permit Compliance, Grading and Building Inspectors and P&D staff shall conduct spot checks and ensure compliance with this condition and shall respond to complaints. 12. To prevent storm water contamination during roadwork or pavement construction, concrete, asphalt, and seal coat shall be applied only during dry weather. Storm drains and manholes within the construction area shall be covered when paving or applying seal coat, slurry, fog seal, etc. Plan Requirements and Timing: This condition shall be shown on all project plans prior to issuance of the Coastal Development Permit. Monitoring: Permit Compliance, Grading and Building Inspectors and P&D staff shall conduct spot checks and ensure compliance with this condition and shall respond to complaints. 13. No work shall occur within 24 hours prior to forecast rain events and within 24 hours after actual rain events. Plan Requirements and Timing: Prior to issuance of this Coastal Development Permit, this condition shall be printed on all grading and building plans. Monitoring: Permit Compliance, Grading and Building Inspectors and P&D staff shall conduct spot checks and ensure compliance with this condition and shall respond to complaints. 14. Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site as follows: a) During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day s activities cease.

8 Attachment A, Page 6 b) During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the late morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. c) Soil stockpiled for more than two days shall be covered, kept moist, or treated with tackifiers or soil binders to prevent dust generation. d) On-site vehicle speeds shall be limited to 15 miles per hour or less. e) Trucks transporting fill material to and from the site shall be tarped from the point of origin. f) All entrances/exits to the construction site shall be stabilized (e.g. using rumble plates, gravel beds or other best available technology) to reduce transport of sediment off site. Any sediment or other materials tracked off site shall be removed the same day as they are tracked using dry cleaning methods. g) Dust control measures shall be maintained for the duration of the project and until graded areas have been stabilized by structures, long-term erosion control measures or vegetation. h) The applicant shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. Their duties shall include holiday and weekend periods when work may not be in progress, and they shall be available to respond to questions or inspections by P&D or APCD staff. The name and telephone number of such person/s shall be provided to P&D and to the APCD prior to initiation of construction. All dust control requirements shall be shown on grading and building plans. Plan Requirements & Timing: This condition shall be shown on all plans prior to issuance of the Coastal Development Permit. This condition, and all measures contained therein, shall take effect immediately upon issuance of the Coastal Development Permit, and any and all measures shall be implemented immediately upon direction of Permit Compliance, Grading and Building Inspectors or P&D staff. Monitoring: P&D shall review plans prior to issuance of the Coastal Development Permit. Permit Compliance, Grading and Building Inspectors or P&D staff shall conduct spot checks, shall respond to complaints and shall direct and enforce the implementation of dust control measures as needed. 15. To prevent construction and/or employee trash from collecting on-site and/or blowing offsite, covered receptacles shall be provided onsite prior to commencement of grading or construction activities. Waste shall be picked up daily from within the project site and the adjacent areas, including the public roadway. Plan Requirements and Timing: Prior to issuance of this Coastal Development Permit, this condition shall be printed on all grading and building plans. Prior to issuance of this Coastal Development Permit, the applicant shall designate and provide to Planning and Development the name and phone number of a contact person(s) to monitor trash/waste and organize a clean-up crew. Trash control shall occur throughout all grading and construction activities. Monitoring: Permit Compliance, P&D staff and/or Grading and Building Inspectors shall conduct spot checks and ensure compliance with this condition.

9 Attachment A, Page Demolition and/or excess construction materials shall be separated onsite for reuse/recycling or proper disposal (e.g., concrete asphalt). During grading and construction, separate bins for recycling of construction materials and brush shall be provided onsite. Plan Requirements and Timing: Prior to issuance of this Coastal Development Permit, this condition shall be printed on all grading and building plans. Permittee shall provide P&D with receipts for recycled materials or for separate bins. Materials shall be recycled as necessary throughout construction. All materials shall be recycled prior to demobilization of the project site. Monitoring: Permit Compliance, P&D staff and/or Grading and Building Inspectors shall conduct spot checks and shall ensure that bins are on-site and materials are separated and recycled. 17. All mobile or fixed noise-producing equipment (e.g., arc-welders, air compressors, generators) shall be equipped with shrouds and noise control features that are readily available for that type of equipment. In addition, such equipment shall be shielded with straw bales or other devices as directed by P&D. Plan Requirements and Timing: Prior to issuance of this Coastal Development Permit, this condition shall be printed on all grading and building plans. Shielding, shrouds and noise control features shall remain in place throughout construction activities. Monitoring: Permit Compliance, P&D staff and/or Grading and Building Inspectors shall conduct spot checks in the field, shall ensure compliance with this condition and shall respond to complaints. 18. Any unanticipated damage that occurs to trees or sensitive habitats resulting from construction activities shall be mitigated in a manner approved by P&D. This mitigation may include but is not limited to posting of a performance security, tree replacement on a 1:1 ratio and like-to-like basis, and hiring of an outside consultant biologist to assess the damage and recommend mitigation. The required mitigation shall be done immediately prior to any further work occurring on site or within a timeframe as determined by P&D. Plan Requirements and Timing: Prior to issuance of this Coastal Development Permit, this condition shall be printed on all grading and building plans. Monitoring: Permit Compliance and P&D staff shall conduct spot checks, shall ensure compliance with this condition and shall ensure that any replacement trees or other mitigations have been installed and/or performed. COUNTY RULES & REGULATIONS/LEGAL REQUIREMENTS 19. If the Zoning Administrator determines at a noticed public hearing that the permittee is not in compliance with any conditions of this permit pursuant to the provisions of Section of Article II of the Santa Barbara County Code, the Zoning Administrator may, in addition to revoking the permit pursuant to said section, amend, alter, delete or add conditions to this permit. 20. The applicant's acceptance of this permit and/or commencement of construction and/or operations under this permit shall be deemed acceptance of all conditions of this permit by the permittee. 21. The Zoning Administrator's approval of this Appealable CDP shall expire one year from the date of approval or, if appealed, the date of action by the Board of Supervisors or the California Coastal Commission on the appeal, if the permit for use, building or structure permit has not been issued. 22. The use and/or construction of the building or structure, authorized by this approval cannot commence until the Coastal Development Permit and necessary Building Permits have been issued. Prior to the

10 Attachment A, Page 8 issuance of the Coastal Development Permit, all of the project conditions that are required to be satisfied prior to issuance of the Coastal Development Permit must be satisfied. Plans accompanying this Coastal Development Permit shall contain all project conditions. 23. Prior to issuance of the Coastal Development Permit, the applicant shall pay all applicable P&D permit processing fees in full. 24. Indemnity and Separation Clauses: Developer shall defend, indemnify and hold harmless the County or its agents, officers and employees from any claim, action or proceeding against the County or its agents, officers or employees, to attack, set aside, void, or annul, in whole or in part, the County's approval of the Appealable Coastal Development Permit. In the event that the County fails promptly to notify the applicant of any such claim, action or proceeding, or that the County fails to cooperate fully in the defense of said claim, this condition shall thereafter be of no further force or effect. 25. Legal Challenge: In the event that any condition imposing a fee, exaction, dedication or other mitigation measure is challenged by the project sponsors in an action filed in a court of law or threatened to be filed therein which action is brought within the time period provided for by law, this approval shall be suspended pending dismissal of such action, the expiration of the limitation period applicable to such action, or final resolution of such action. If any condition is invalidated by a court of law, the entire project shall be reviewed by the County and substitute conditions may be imposed. G:\GROUP\PERMITTING\Case Files\CDH\09_cases\09CDH NextG Trenching\CDH.Permit.NextG.09CDH28.doc