1-7 - Grover Beach

Transcription

1-7 - Grover Beach

Attachment 1
RESOLUTION NO. 12-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH
GRANTING THE APPEAL AND APPROVING A COASTAL DEVELOPMENT PERMIT FOR
DEVELOPMENT PERMIT APPLICATION NO. 10-023 (170 WEST GRAND AVENUE)
WHEREAS, the City Council for the City of Grover Beach has received for its review and
consideration a Staff Report and presentation in connection with Development Permit
Application No.1 0-023 to install cellular antennas within an existing commercial building by
increasing the height of the cupola two feet at 170 West Grand Avenue; and
WHEREAS, the Planning Commission held a public hearing to consider the application
on February 15, 2012 and voted 3-3, which is a non-action; and
WHEREAS, the notice of Public Hearing was sent to adjoining property owners and
advertised in the manner required by law; and
WHEREAS, the project has been found to be categorically exempt from the provisions of
the California Environmental Quality Act (CEQA). Class 1: Existing Facilities; and
WHEREAS, the City Council of the City of Grover Beach has reviewed and considered
Application No. 10-023 at Public Hearings on April 2. May 7, and May 21,2012; and
WHEREAS, the City Council for the City of Grover Beach makes the following findings in
accordance with the Grover Beach Municipal Code, Part 45 Coastal Development Permit
Procedures:
1. The project is located in the Coastal Zone and is appealable to the Coastal Commission
because it is considered a "Major Public Works Project".
2. A public hearing has been conducted in accordance with the Grover Beach Municipal
Code (GBMC) Section 9145.7.
3. The project was noticed 10 days prior to the public hearing in The Tribune, notice was
given by first class mail to property owners within three hundred feet and occupants
within 100 fElet, the notice was transmitted to the district office of the California Coastal
Commission, and the notice was posted in three places in the City as prescribed by
Section 9145.6. On April 2, 2012, the City Council opened the public hearing and
continued the item to the May 7, 2012 Council meeting at the request of the applicant.
On May 7, 2012, the City Council continued the item to the May 21, 2012 Council
meeting at the request of the applicant. Notices regarding the continued public hearings
were posted at the door of the meeting room and on bulletin boards located at City Hall
on April 3, 2012 and May 8,2012.
4. The project is consistent with the City of Grover Beach Local Coastal Program because
the project would not further obstruct views of the dunes, consistent with policies for
Area 7.
5. The proposed project is in conformity with the public access and recreation policies of
Chapter 3 of the California Coastal Act. It has no adverse effect either individually or
cumulatively on coastal resources or public access to the shoreline or along the coast
Resolution 12170 West Grand Avenue
May 21,2012
Page 2 of 13
because the project is not adjacent to the coast and will not inhibit access to the coastal
waters and recreation areas,
NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Grover Beach
DOES HEREBY GRANT AN APPEAL APPROVING a Coastal Development Permit relating to
Development Permit Application No, 10-023, subject to the following conditions:
CONDITIONS OF APPROVAL:
GENERAL
G-1,
This Coastal Development Permit will not take effect until the Applicant and Property
Owner sign this Resolution agreeing to the terms and Conditions of Approval. Failure to
sign within thirty (30) days shall constitute non-compliance with said conditions resulting
in an automatic withdrawal of the approval.
G-2,
The Applicant agrees, as a condition of approval of this resolution, to indemnify, defend
and hold harmless, at Applicant's expense, City and City's agents, officers and
employees from and against any claim, action or proceeding commenced within the time
period provided in Government Code Section 66499.37 to attack, review, set aside, void
or annul the approval of this resolution or to determine the reasonableness, legality or
validity of any condition attached hereto. City shall promptly notify Applicant of any such
claim, action or proceeding to which City receives notice, and City will cooperate fully
with Applicant in the defense thereof. Applicant shall reimburse the City for any court
costs and attorney's fees that the City may be required to pay as a result of any such
claim, action or proceeding. City may, in its sole discretion, participate in the defense of
any such claim, action or proceeding, but such participation shall not relieve Applicant of
the obligations of this condition. Applicant's acceptance of this resolution or
commencement of construction or operations under this resolution shall be deemed to
be acceptance of all conditions contained in this resolution.
G-3.
All notes and specifications as shown on the plans shall be considered Conditions of
Approval.
G-4.
The approval granted by this Resolution shall be valid for twenty-four (24) months of the
final approval date, and shall expire unless a valid building permit is issued and
construction commenced.
G-5.
All Conditions of Approval shall be provided on a full size drawing sheet as part of the
drawing sets. A statement shall also be placed on the above sheet as follows: ''The
undersigned have read and understand the above conditions, and agree to abide by any
and all conditions which it is their usual and customary responsibility to perform, and
which are within their authority to perform."
Signed:
Property Owner
Date
Contractor
Date
License No.
May 21.2012
Page 3 of 13
Architect
Date
Engineer
Date
License No.
License No.
COMMUNITY DEVELOPMENT DEPARTMENT
CDD-1.
The project shall be constructed in substantial conformance with the approved plans
(reference Exhibit A) and signed by a person qualified under the California Business
and Professions Code.
CDD-2.
All construction traffic shall access the site utilizing the truck route(s) closest to the
site as defined in the City Circulation Element and as approved by the City's Police·
Department. Violations are subject to citation and fines.
CDD-3.
Necessary permits shall be obtained prior to construction commencing.
CDD-4.
The proposed cupola, constructed from fiberglass reinforced plastic (FRP), shall
have an exterior appearance that is similar to the existing cupola, matching the
existing building in texture and color.
CDD-5.
To prevent occupational exposures in excess of the FCC guidelines, no access
within two feet directly in front of the antennas themselves shall occur while the
station is in operation, unless other measures can be demonstrated to ensure that
occupational protection requirements are met. Prior to operations, explanatory
warning signs shall be posted in locations visible from any angle of approach to
persons who might need to work within two feet of the antennas. Sample signage
from Hammett & Edison, Inc is included in Exhibit A.
On motion by _ _, seconded by _ _ , and on the following roll-call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
the foregOing RESOLUTION NO. 12- was PASSED, APPROVED, and ADOPTED at a
Regular Meeting of the City of Grover Beach City Council on this 21 st day of May, 2012.
JOHN P. SH;
~.~ ..
Atlest:
DONNA L. McMAHON, CITY CLERK
<v'fi~'
May 21,2012
Page 4 of 13
ACCEPTANCE OF CONDITIONS
This permit is hereby accepted upon the express terms and conditions hereof, and shall have
no force or effect unless and until agreed to, in writing, by the Applicant and Property Owner or
Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions
and agrees to fully conform to and comply with said terms and conditions within the
recommended time frames approved by the City Council.
Applicant
Date
Property Owner or Authorized Agent
Date
May 21,2012
Page 5 of 13
Exhibit A
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rl-,+--H--H--+-+-+-f-++-i-r' )---liEl ROilf TO BE REMIMD
(P) T-MOOILE' P'''EL ------t-L~~Jl--
ANTENNOIS UOONlEO
INSIDE ctlPOLA. TYP. OF 9
1<------[0 Cul'<JLA TO BE RE"O\'EO ANIl
WITH FRP ClIPOIA P~N1
AND TEXTURE TO PJATCH (El
- - t - - - - - [ P l FRP LOUVERS. PI>JN1 AND
I TO MATCH IE)
:- ..
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May 21,2012
Page 6 of 13
T·Mobile West Corp.• Rooftop RF EXPQs!.Ire Conditions and Control Program
Site No. SV12304D -170 West Grand Avenue • Grover Beach, California
Operati on summary;
9 l\ntenrtaS, 3 per se<:tor
effective height 8 ft AlQ,
maximum ERP 2,000 watts
Control Procedures
Ii!( Posl information signs al roof access location(s)
and at antennas as shown.
Inslall barrlcade(s) as shown 10 preclude easy
access by general public Into yellow areas.
rd Provide copy oflhlsplan to pel$ons with access
11!3 to building rooftop. Such persons should signify
their understanding of tts Instructions.
O
Signage Plan
All signs should provide T-Mobile site number and
24-hoUf telephone conlactforaccess Informalion.
Choice of languag6(s). may require gUidance from
landlord or permitting Jurisdiction.
shoUld be ola,cedl at
roofaCCElSs l.l08lion(S).
"Ca(ilion" signs
should be marked with
of yellow area listed above and placed at each IransmHtlng antenna to be visible from any angle of approach for persons who need to work within that distance. Use "ON THIS STRUCTURE" sign
when antenna is visible; use "BEHIND THIS SURFACE" sign when it Is hidden within radome or other enclosure.
'~:"m,'~
HAMMETT &; EDISON, IN<;.
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Ci.'''J5UI.TING IiNGJNBliRS
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j;A ": I'R·\NCIf-CO
March 14, 20 I J
May 21, 2012
Page 7 of 13
May 21,2012
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Page 13 of 13
Attachment 2
RESOLUTION NO. 12A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH
GRANTING THE APPEAL AND APPROVING SITE AND ARCHITECTURAL PLANS FOR
DEVELOPMENT PERMIT APPLICATION NO. 10-023 (170 WEST GRAND AVENUE)
Application No. 10-023 to install cellular antennas within an existing commercial building by
increasing the height of the cupola two feet at 170 West Grand Avenue; and
the California Environmental Quality Act (CEQA), Class 1: Existing Facilities; and
Application No.1 0-023 at Public Hearings on April 2, May 7, and May 21,2012; and
WHEREAS, the City Council for the City of Grover Beach makes the following findings,
in accordance with Municipal Code Section 9144.3 Architectural Approval, Subsection (B),
subject to the conditions of approval contained herein:
1.
2.
3.
4.
5.
That the architectural and general appearance of such buildings or structures
and grounds are in keeping with the character of the neighborhood. The
increased height of the cupola is minimal while keeping the cupola in scale with
the existing building.
That the proposed design is not detrimental to the orderly and harmonious
development of the City because the proposed project is within an area that is
served by adequate infrastructure.
That the development does not impair the desirability of investment or occupation
in the neighborhood. The project is compatible with the neighborhood and will
not have an adverse affect on surrounding properties.
That the proposal is consistent with any architectural guidelines or standards
prepared for the area in which the project is located. The proposed cupola will
appear to be similar to the existing cupola in materials and treatment.
That the project is consistent with the text and maps of the Grover Beach
General Plan and the Zoning Code. Except for the cupola's height, the project
meets all development standards for the Coastal Visitor Serving zone. The
Zoning Code allows cupolas to exceed a zoning district's height requirement with
approval of a Use Permit.
Resolution No. 12170 West Grand Avenue
May 21,2012
Page 2
GENERAL
G-1.
All conditions of approval contained in the Coastal Development Permit Resolution,
Resolution No. 12-_, are incorporated herein as part of this resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Grover Beach
DOES HEREBY GRANT AN APPEAL APPROVING Site and Architectural Plans relating to
Application No. 10-023.
On motion by _ _ , seconded by _ _ , and on the following roll-call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
the foregoing RESOLUTION NO. 12- was PASSED, APPROVED, and ADOPTED at a
Regular Meeting of the City of Grover Beach City Council on this 21st day of May, 2012.
Attest:
Applicant
Date
Date
Attachment 3
RESOLUTION NO. 12A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH
GRANTING THE APPEAL AND APPROVING A USE PERMIT FOR DEVELOPMENT PERMIT
APPLICATION NO. 10-023
(170 WEST GRAND AVENUE)
Application No.1 0-023 to install cellular antennas within an existing commercial building by
increasing the height of the cupola two feet at 170 West Grand Avenue; and; and
the California Environmental Quality Act (CEQA), Class 1: Existing Facilities; and
Application No. 10-023 at Public Hearings on April 2, May 7, and May 21, 2012; and
WHEREAS, the City Council for the City of Grover Beach makes the following findings,
in accordance with Grover Beach Municipal Code, Section 9144.5 Use Permits, Subsection (B),
subject to the conditions of approval contained herein:
1. As referenced in the staff report and as conditioned, the proposed project is found to be
consistent with applicable provisions of the Planning and Zoning regulations of the City
of Grover Beach. The proposed cupola height of 42-feet 6-inches, which exceeds the
maximum height of 40 feet for the Zoning District, is allowed with the granting of a Use
Permit. The cupola will remain in scale and character of the existing development. The
proposed use of the site as a cellular antenna site is compatible with surrounding
development and other tenants in the existing building.
2. As referenced in the staff report and conditioned, the proposed project will not be
detrimental to the health, safety, and general welfare of the persons located in the
neighborhood and the City of Grover Beach. The cupola will remain in scale and
character with the existing building. Regarding the operation of cellular antennas on the
site, the proposed operation will not expose the public to excessive radio frequency
electromagnetic fields. As determined by Hammett and Edison, Inc., the public
exposure level will be significantly less than the Federal Communications Commission
established limits as follows: at ground level the maximum calculated level is 0.60% of
the public exposure limit; at any nearby building the maximum calculated level is 1.4% of
the public exposure limit; and, inside the building the maximum calculated level is 0.12%
of the public exposure limit.
GENERAL
G-1.
All conditions of approval contained in the Coastal Development Permit Resolution,
Resolution No. 12-_, are incorporated herein as part of this resolution.
Resolution No. 12170 West Grand Avenue
May 21,2012
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Grover
Beach DOES HEREBY GRANT AN APPEAL APPROVING a Use Permit relating to Application
No. 10-023.
On motion by _ _ , seconded by _ _ " and on the following roll-call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
the foregoing RESOLUTION NO. 12- was PASSED, APPROVED, and ADOPTED at a
Regular Meeting of the City of Grover Beach City Council on this 21 st day of May, 2012.
JOHN P. SHOAJ!S, MAYOR
<:-";))~iP
V
Attest:
Applicant
Date
Date
Attachment 4
CITY OF GROVER BEACH
PLANNING COMMISSION AGENDA REPORT
DATE: NOVEMBER 8, 2011
ITEM #: L{
TO:
PLANNING COMMISSION
FROM:
BRUCE BUCKINGHAM, COMMl,lNITY DEVELOPMENT DIRECTOR
JANET REESE, PLANNER II
.
APPLICATION:
DEVELOPMENT PERMIT APPLICATION NUMBER 10-23
LOCATION:
170 WEST GRAND AVENUE (060-206-026)
SUBJECT: Consideration of a request for a Coastal Development Permit, Site and Architectural
Plans, and Use Permit to modify an existing commercial building by increasing the height of the
cupola from 40-feet 6-inches to 42-feet6-inches and installing a cellular antenna within the
cupola. Electrical and other related equipment is proposed to be located within the interior and
., .
exterior of the building.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the resolutions approving the Coastal
Development Permit, Site and Architectural Plans, and.Use Permit.
BACKGROUND
Existing Site Conditions:
The site is developed with a 7,187 square foot commercial building that was approved by the
Planning Commission in 1999. A restaurant and office uses currently occupy the building.
Data Summarv:
Applicant Name: T-Mobile West Corporation
Representative Name: Charles Dunn, Synergy Development Services
Owner Name: Forde Family Trust
General Plan Designation: Visitor Serving - Mixed Use
Zoning: Coastal Visitor Services (C-C-V)
Surrounding Zoning & Existing Uses:
North: C-C-V Zoning District, ATV rentals
South: C-C-V Zoning District, City parking lot
East: C-C-V Zoning District, Beach Place mixed use development
West: C-C-V Zoning District, train tracks and station
DISCUSSION
The applicant is proposing to increase the height of the existing cupola by two feet and install
cellular antennas within the cupola. The cellular antennas would be located entirely within the
cupola and, therefore, not visible from the exterior of the building. Related equipment would be
Please Review for the Possibility of a Potential Conflict of Interest:
00 None Identified by Staff
0 Coleman
o Roberson
0 Alex
0 Evans
o Laferriere
0 Blum
0 Long
Developmenl Permit Application 10-23
170 West Grand Avenue
Page 2
November 8. 2011
located In·a room on the ground floor and kept at the required temperature by an air
conditioning system with two ground mounted condensers located on the west side of the
building adjacent to the existing electrical panels. The condensers would operate 24 hours a
day at 48 decibels (reference Attachment 7), which is below the City's maximum noise level of
65 decibels during the hours of 7:00 a.m. to 10:00 p.m. and 60 decibels during the hours of
10:00 p.m. to 7:00 a.m. The condensers were originally placed adjacent to the outdoor dining
area for Station Grill. However, based on staff concerns regarding noise from the condensers,
the applicant agreed to relocate the condensers approximately 16 feet to the south. In addition,
a42-inch high decorative block wall has been added to further mitigate noise and screen the
condensers.
The current height of the cupola is 40-feet 6-inches. Although the maximum height limit is 40
feet in the Coastal Visitor Services Zoning District, cupolas may exceed the height limit with
approval of a Use Permit (GBMC 9137.16). To accommodate the proposed antennas, the
existing cupola would be removed and replaced with a fiberglass reinforced plastic (FRP)
cupola that Is two feet taller than the existing cupola. The cupola would be textured and painted
to match the existing building. The FRP material would not block the cellular signals like
conventional building materials.
Site and Architectural Approval
The Zoning Code requires the Planning Commission approve all new construction for
commercial buildings to ensure the project is compatible with the site and surrounding area.
The antennas would be located within the proposed cupola. As proposed and conditioned, the
cupola would appear to be of the same material as the rest of the building and in scale with the
building. Related equipment would be located primarily within the building, with condensers
being the only exterior equipment. The condensers would be located adjacent to existing
electrical panel cabinets and screened from public view by a 42-inch high decorative block wall
and' landscaping.
Use Permit
Although "Cellular Antenna Site" is currently not listed in the Zoning Code as a use category, the
City has consistently required a Use Permit for all cellular sites. The purpose of the Use Permit
application is to ensure that the proposed use is compatible with surrounding uses.
Cupolas may exceed the maximum height limit if a Use Permit is granted. It Is proposed that
the existing 40 feet 6 inches cupola be Increased in height by 2 feet, or 5% of the existing
height. Based on the elevation renderings, the cupola appears to remain in scale and
proportion with the rest of the building. Therefore, staff believes the Use Permit can be granted
for the increased height.
Aside from the condensers, which are located on the exterior of the building, all of thEi site and
related eq uipment would be located within the building. The applicant has submitted a report
prepared by Hammett & Edison, Inc. on the exposure to radio frequency (RF) electromagnetic
fields that would be generated by the proposed project (reference Attachment 6). The Report
concludes that based on the proposed location and setup of the antennas, the general p\Jblic
will not be exposed excessively to radio frequency electromagnetic fields. As noted on page 2
of the Report, under "Study Results", the maximum calculated cumulative level at the ground,
with some "worse-case" assumptions, is 0.60% ·of the public exposure limit. The maximum
calculated level at any nearby building is 1.4% of the public exposure limit. The calculated
maximum exposure level for persons inside the building is 0.12% of the public exposure limit.
Development Permit Application 10"23
Page 3
November 8. 2011
However. should someone be working on the roof or within the cupola, they would be exposed
to levels of radio frequencies that exceed the legal limit if the antennas were not turned off
before accessing the area. Therefore, as recommended by Hammett & Edison, Inc., a condition
of approval has been added requiring warning signs be posted.
.
Coastal Development Permit
A Coastal Devlillopment Permit is also required for the proposed project since the site is within
the Coastal Zone. Although located outside of the appeals jurisdiction, which is west of
Highway 1, this project is appealable to the Coastal Commission because it is considered a
"major public works projecl". A "major public works project" is defined as any public works that
is owned or operated by a public agency or by any utility regulated by the Public Utilities
Commission and exceeds a valuation of $100,000.
The project site is located in Area 7 of the City's Local Coastal Plan, an area in which views of
the dunes are obstructed by trees. and existing developments (e.g., RV parks and structures).
Policies specifically for Area 7 state that projects shall not further obstruct views of the dunes.
By increasing the height of the cupola by two feet, the proposed development would not further
obstruct views. The Coastal Commission has been notified of the proposed project and no
comments have been received to date.
.
Conclusion
Staff believes that the proposed modifications to the cupola are architecturally compatible with
the existing building and the findings can be made to approve the Site and Architectural Plans .
. Further. based on the conclusions of theRF Report and .the air conditioner condensers
complying with the Noise Ordinance, staff believes the findings for the Use Permit can be made.
Lastly, the proposed project appears to be consistent with the Local Coastal Plan. Therefore,
staff recommends approval of the proposed project; subject to the conditions contained in the
attached resolutions.
ENVIRONMENTAL REVIEW
The project qualifies for a Class 1 Categorically Exempt in accordance with the California
Environmental Quality Act (CEQA). A Class 1 exemption (Section 15301) consists of projects
Involving negligible or no expansion of the existing facilities.
ALTERNATIVES
The Planning Commission has the following alternatives to consider:
1. Adopt the resolutions approving the Coastal Development Permit, Site and Architectural
Plans, and Use Permit; or
2. Provide alternative direction to staff; or
3. Direct staff to prepare a resolution denying the project with findings.
RECOMMENDATION
Development Permit, Site and Architectural Plans, and Use Permit.
Development Permit Application 10-23
Page 4
November 8, 2011
PUBLIC NOTIFICATION
On October 27, 2011, the public hearing notice was mailed to all property owners within 300
.feet of the property, all occupants within 100 feet of the property and posted as required by City
code. On October 28, 2011 the public hearing notice was published in the Times Press
Recorder. In addition, the agenda was posted in accordance with the Brown Act.
ATTACHMENTS
1.
2.
3.
4.
5.
6_·
7.
Draft Coastal Development Permit Resolution
Draft Site and Architectural Plans Resolution
Draft Use Permit Resolution
Conceptual Plans
Photo Simulations
Hammett 8. Edison, Inc. RF Study
Air Conditioner Condenser Specifications
Development Permit Application No. 10-023
Applicant - T-Mobile West Corporation
Planning Commission Excerpt Minutes from November 8, 2011
Page 1
Attachment 5
Planner Reese presented the staff report, describing the project and existing site. She indicated
that the applicant is proposing to increase the height of cupola by 2 feet, and that the antenna
would be completely enclosed. The equipment would be on ground floor. There is a report
regarding radio frequency that was submitted which concludes that the general public would not
be excessively exposed to harmful radio frequency waves. People working In the cupola would
be exposed while In the cupola. The report recommends warning signs to be Installed indicating
this fact. Staff believes that findings can be made to approve the project, and recommends
approval.
Chair Roberson opened the Public Hearing.
Charles Dunn, T-Mobile representative, stated that they have been working on the project for
over a year, and hope they have come up with functional and aesthetically innocuous. The
paneling texture and color should remain exactly as it appears now except the additional two
feet in height. They didn't consider a mono pine because they didn't know how it would be
.
received. They feel that they've come up with a good design.
Commissioner Alex asked what type of fire protection is proposed and how it is powered.
Mr. Dunn stated that they are going to run power from the tenant space, and will have their own
meter. They are not installing a sprinkler system, but the plans will be approved through the Five
Cities Fire Authority.
Chris Rivas, owner of the Station Grill, which Is located on the bottom floor of the project site.
stated that they have the most square footage at this location. He expressed concern about
possible harm from the radio frequency, due to the proximity t9 the antenna. He stated that for
someone in the building frequently, the damage could be substantial. He expressed concern
about risks to him, his employees and customers, due to the proximity to the antenna. He stated
that the fact that there is a maximum allowable limit shows that there is some concern and It Is
possible that the hazards are not known. He does not want to be adversely impacted by the
antenna. He stated that instead of putting the antenna at the top of the building, they could
move it 100 yards onto City property, which would give more distance from the general
population.
Mr. Dunn indicated that the FCC closely monitors the output and sets a limit that is
approximately 1/50 of where effects can be registered in human cells. For the site in question,
the worst case scenario would be 1.7% of the allowable limit. The federal government regulates
the radio frequency levels and local jurisdictions cannot deny projects based on the radio
waves. The warning signs are intended for access within 3-5 feet In front of the antennas,
mainly for telecommunication workers. Members of the public could not have access to that
area. In terms of the alternate location, initially, they were told that the City's preference was to
integrate within existing area. They think they came up with a good solution. If the City has
changed their direction. they would entertain alternatives.
Page 2
Commissioner Alex asked if there would be warning signs on the ground floor. ML Dunn
indicated that the signs would be directly adjacent to the antennas, not on the ground floor.
Cliair Roberson asked if her assumption that being directly below the antenna would be less
exposure than within line of sight is correct. Mr. Dunn agreed.
Chair Roberson closed the public hearing.
Comrnissioner Evans indicated that he didn't think that the two foot increase in height would
make a big difference.
Commissioner Blum stated that it was a good design, but likes the idea of possibly moving this
further away. on City property.
Commissioner Long likes the creativity of the propos at, but expressed concern about the
antennas. He stated that looking at all the proposals for antennas. this may be a time to slow
down and identify an area that would be appropriate for these antennas on a large scale rather
than each Individual proposal.
Chair Roberson stated that she shares some of those concerns. She asked If Grover Beach
. residents would benefit from these antennas. She expressed concern about polluting the air
with the radiation to support the tourists at the beach. She indicated that she still things it is a
good project.
City Attorney Koczanowicz reiterated that the exposure levels are regulated by the Federal
'government, and the Commission cannot deny based on those exposure· level concerns unless
the exposures were above the accepted levels. These proposals do not come nearthe levels
regulated by the Federal government. If the applicant voluntarily wishes to withdraw the project
and look at another area, he can do that. The actions available to the Commission at this
meeting are to approve or deny the project.
Commissioner Evans stated that it would seem that people in the building would have less
exposure with the antenna above them than If It were across the parking lot.
Commissioner Alex stated that they are adding a lot of radio waves. He expressed concern that
if something goes wrong with the equipment, the whole building could be damaged by fire. He
asked if there was a risk of lightning strike and indicated that this seems unusual to put an
antenna in a bUilding.
Commissioner Long asked if staff had directed the applicant to look for a building to locate the
antenna. Director Buckingham stated that he didn't make that comment. He stated that T-Mobile
came in with this application. and they have worked to make this aesthetically acceptable. He
stated that if this application had come in later, staff may have suggested that they collocate at
another location.
Page 3
Vice Chair Laferriere made motion to approve the project; Commissioner Evans seconded the
motion. Commissioner Evans, Vice Chair Laferriere and Chair Roberson voted yes and
Commissioners.Blum, Long and Evans voted no, making it a 3-3 vote.
City Attorney Koczanowlcz stated that the tied vote constitutes a non-action. The appllca[1t can
either come back to another hearing before the full commission or they can appeal the nonactlon ..
to the City Council within five business days.
i Attachment 6
DATE: FEBRUARY 1.5, 2012
ITEM#: £
TO:
PLANNING COMMISSION
FROM:
BRUCE BUCKINGHAM, COMMUNITY DEVELOPMENT DIRECTOR
APPLICATION:
DEVELOPMENT PERMIT APPLICATION NUMBER 10·23
LOCATION:
170 WEST GRAND AVENUE (060·206·026)
Plans, and Use Permit to modify an existing commercial building by increasing the height ofthe
cupola from 40·feet 6·inches to 42-feet 6-inches and installing a cellular antenna within the
cupola. Electrical and other related eqUipment Is proposed \0 be located within the interior and
.
This item was continued from the January 10, 2012 meeting due to the absence of a
commissioner. The staff report and attachments are attached.
ATTACHMENTS
January 10, 2012 Planning Commission Staff Report
1. Draft Coastal Development Permit Resolution
2. Draft Site and Architectural Plans Resolution
3. Draft Use Permit Resolution
4. November 8, 2011 Staff Report, without attachments
5. Photo Simulations
6. Hammett & Edison, Inc. RF Study
7. Air Conditioner Condenser Specifications
8. November 8, 2011 draft Planning Commission meeting minutes (excerpt)
9. Audrey Sewell Letter dated December 6, 2011
10. Conceptual Plans (full·slzed under separate cover)
Please Review for the Possibility of a Potential Conflict of Interest:
!!11 None Identified by Staff
0 Coleman
o Roberson
0 Alex
0 Evans
o Laferriere
0 Blum
0 Long
DATE: JANUARY 10, 2012
ITEM#:,_ _
TO:
PLANNING COMMISSION
FROM:
BRUCE BUCKINGHAM, COMMUNITY DEVELOPMENT DIRECTOR
APPLICATION: '
DEVELOPMENT PERMIT APPLICATION NUMBER 10·23
LOCATION:
170 WEST GRAND AVENUE (060·206·026)
,
Plans, and Use Permit to modify an existing commercial building by Increasing the height ,of the
cupola from 40-feet 6·inches to 42-feet 6-inches and installing acellular antenna within the
cupola. Electrical and other related equipment is proposed to be located within the Interior and
RECOMMENDATION
Development Permit, Site and Architectural Plans, and Use Permit.
BACKGROUND
On November 8, 2011, the Planning Commission was presented the staff report (reference
Attachment 4) and received public testimony regarding a proposed cellular antenna Site. The
proposal would replace the existing cupola with a cupola that would be two ,feet taller. The
cellular antennas would be located within the new cupola. Related eqUipment would be located
both within the interior and exterior of the building.
After discussion, the Planning Commission, with Commissioner Coleman absent, considered a
motion to approve the project. The motion failed on a 3·3 vote with Commissioners Alex, Blum,
and Long dissenting (reference Attachment 8). The applicant was given the option to present
the proposal before the full Commission or the City Council. The applicant deCided to present
the project before the full Planning Commission.
The hearing was originally scheduled for December 13, 2011, however, due to a possible error
in noticing, the meeting was cancelled and re-noticed for January 10,2012.
DISCUSSION
During discussion at the November 8th Planning Commission hearing, concerns were raised
regarding exposure to radio frequency emisSions and fire/building safety.
Please Review for the Possibility of a Potential Conflict of Interest
Il!l None Identified by Staff
0 Coleman
o Roberson
0 Alex
0 Evans
o Laferriere
0 Blum
0 Long
January 10,2012
Page 2
· In regards to radio frequencies, concerns were raised about exposure to the building occupants
by radio frequencies from the proposed cellular antennas. The Federal Communications.
Commission (FCC) has established regulations for levels of radio frequency emissions. As
noted in the previous staff report, the applicant submitted a report prepared by Hammett &
Edison, hic. on the exposure to radio frequency (RF) electromagnetic fields that would be
generated by the proposed project to determine compliance with the FCC regvlatlons (reference
Attachment 6).
The Report concludes that the proposed project will comply with the standards for limiting the
· public's exposure to radio frequency electromagnetic fields. As noted on page 2 of the Report,
under "Study Results", the maximum calculated cumulative level at the ground, with some
"worse-case" assumptions, is 0.60% of the public exposure limit, or approximately 166 times
below the maximum exposure. The calculated maximum exposure level for persons inside the
· building is 0.12% of the public exposure limit or approximately 800 times below the maximum
· exposure level. The maximum calculated level at any nearby building Is 1.4% of the public
exposure limit, or approximately 71 times below the maximum exposure leveL·· All. of the·
exposure levels calculated are significantly below the FCC established maximum levels. The
· Federal Telecommunications Act of 1996 specifically preempts cities from imposing stricter
exposure levels of radio frequency emissions. Therefore, a project denial based on this criterion
would expose the City to legal liability.
A concern was also raised about the Increased risk for an electrical fire due to the increased
amount of electrical equipment. As noted at the meeting, the Five Cities Fire Authority reviewed
the project and did not raise any issues. In addition, the property owner states that the building
has an existing fire sprinkler system.
Conclusion .
The Planning Commission must determine if the findings drafted in the resolutions prepared for
the proposed project can be made in order to approve the project. If the Commission cannot
make the necessary findings for granting the Use Permit, the Commission should provide staff
with the reasons for the denial and staff would return with the resolutions of denial at the next
meeting.
ENVIRONMENTAL REVIEW
The project qualifies for a Class 1 Categorically Exempt in accordance with the California
Environmental Quality Act (CEQA). A Class 1 exemption (Section 15301) consists of projects
involving negligible or no expansion of the existing facilities.
ALTERNATIVES
The Planning Commission has the following alternatives to consider:
1. Adopt the resolutions approving the Coastal Development Permit, Site and Architectural
Plans, and Use Permit; or
2. Provide alternative direction to staff; or
3. Direct staff to prepare a resolution denying the project with findings.
January 10, 2012
Page 3
RECOMMENDATION
Development Permit, Site and Architectural Plans; and Use Permit.
· PUBLIC NOTIFICATION
On December 30, 2011, the public hearing notice was published in the Times Press Recorder,
mailed to all property owners within 300 feet of the property, all occupants within 100 feet of the
property and posted as required by City code. In addition, the agenda was posted in
accordance with the Brown Act.
· The City received a letter from Audrey Sewell, dated December 6, 2011, indicating concern
about the radio frequency emissions (reference Attachment 9) .
..
ATTACHMENTS
1. Draft Coastal Development Permit Resolution
2. Draft Site and Architectural Plans Resolution
3. Draft Use Permit Resolution
4. November 8, 2011 Staff Report, without attachments
5. Photo Simulations
· 6. Hammett & Edison, Inc. RF Study·
7. Air Conditioner Condenser Specifications
8. November 8,2011 draft Planning Commission meeting minutes (excerpt)
9. Audrey Sewell Letter dated December 6, 2011
10. Conceptual Plans (full-sized, under separate cover)
Applicant - T-Mobi/e West Corporation
Planning Commission Excerpt Minutes from February 15, 2012
Page 1
Attachment 7
Development Permit Application No, 10-023
This Development Permit Application is"a request for approval of a Coastal Development
Permit, Site and Architectural Plans, and Use Permit to modify an existing commercial
building by increasing the height of the cupola from 40'6" feet to 42'6" feet and Installing a
cellular antenna within the cupola. Electrical and other related equipment is proposed to be
located within the interior and exterior of the building. The project is located in the Coastal
Zone at 170 West Grand Avenue (APN 060-206-026) in the Coastal Visitor Services (C-C-V)
Zoning District; This project is appealable to the Coastal Commission.
Director Bruce Buckingham presented the staff report. He described the background of the
project and the existing conditions of the site. He described the design and building materials
proposed. He stated that the proposed height is greater than allowed in the Zoning Code, but
that architectural features can exceed that height with a Use Permit; he stated that a Coastal
Development Permit is also required.
He described the report submitted related to radio frequency (RF) electromagnetic fields levels
and stated that the conclusion of the report was that the exposure levels are below the
standards set by the FCC. The FCC preempts cities from imposing stricter limits than for
frequency emissions. If the City imposed stricter limits, it could be exposed to legal action.
Finding no grounds for denial, staff Is recommending approval. If the Commission can't make
the findings of approval, the Planning Commission must make findings for denial and staff would
bring back a denial resolution for adoption.
City Attorney Martin Koczanowicz stated that the consideration of RF electromagnetic field
exposure levels is not within the Commission's purview. The City does not have the ability to
control or override the federal maximum exposure levels. If there were evidence in front of the
Commission disputing the report presented, that could be discussed. But,. whether the exposure
levels in the report are acceptable Is not In their purview.
Commissioner Long stated that they have received a lot of req uests for cell towers. At the last
meeting where this project was considered, they talked about possibly consolidating cell towers
in one area.
Director Buckingham stated that at that. meeting, the Commission approved a Verizon faux pine
cell tower at 3'd Street and Longbranch Avenue. He stated that the approval allowed for
collocation for up to two additional carriers. There has also been interest from AT&T to establish
a tower, and the City Council authorized the application to move forward on the City owned
parking lot adjacent to the proposed. project. Director Buckingham indicated that the City cannot
require collocation. If this project site were denied, T-Mobile could look at another site or look
into collocation.
Commissioner Long asked if there had been any discussion at the staff level about managing
the siting of these antennas. Director Buckingham stated that T-MobiJe was the first of the three
recent cell tower projects to submit, but in order to address aesthetic concerns; It took several
months to design.
Commissioner Alex asked for the zone of the 3,d and Longbranch site. Director Buckingham
stated that it is currently Coastal Industrial. but it is proposed to be changed to Visitor Serving as
part of the Zoning Code update.
Page 2
Anita Shower, Grover Beach resident, spoke in opposition to the project, citing RF
electromagnetic field exposure concerns. She expressed that cell towers should be located
together and away from people.
Chris Rivas, owner of Station Grill located in the building where the tower Is proposed, spoke in
opposition to the project, expressing concerns about customer safety related to the RF
electromagnetic field exposure levels and structural safety. He expressed that there could be
other more appropriate locations for the tower.
Charles Dunn, from Synergy services Was present representing T-Mobile. He spoke in support
of the project. He stated that they worked closely with staff to address aesthetic concerns, which
is how they came up with the subject proposal. He stated that they are below the FCC allowable
RF electromagnetic field exposure limits and stated that emission levels cannot be used for or
against the project.
Brad Forde, property owner, spoke in support of the project. His office will be right underneath
this eqUipment, and feels very comfortable with what is proposed. He likes this better than the
faux pine trees.
Vice Chair Laferriere closed the public hearing.
Vice Chair Laferriere asked what would happen in the event the cooling system failed.
Mr. Dunn indicated that this is the only project they are proposing at this time. H.e stated that
everything is structurally sound and will be reviewed by their engineers and will go through the
City's plan check process. All of the eqUipment is stored at ground level and is secured, with the
exception of the antennas which are 30-40 pounds. Regarding the air conditioners, one is a
. back up, in case one fails. If they both fail, the damage is to the eqUipment, not to the ·structure.
The building is sprinklered. He stated that safety concerns have been addressed ..
Regarding finding an alternate site, he stated that after working with staff, they felt that the
cupola was preferable to a monopine structure.
Vice Chair Laferriere stated that if the Commission is going to approve the project, it is Simple. If
the Commission is going to deny the project, they will have to make findings. Issues related to
RF electromagnetic field levels and fire.safety were brought up the last time the project was
before them. With the additional information provided, he asked if they are satisfied with the
answers.
Commissioner Alex stated that his concerns related to fire protection had been addressed.
Vice Chair Laferriere asked if the Commissioners understood the limits of what they could do
related to the emissions.
Commissioner Long stated that he doesn't agree with it, just because the FCC says it's so. He
. doesn't feel that it is that convincing.
Vice Chair Laferriere stated that he didn't know how they, as a Commission, would address that
issue. He stated that the applicant is aware that they can propose a project elsewhere, but the
Page 3
project at the proposed location is what is before them. He didn't know how they could make a
finding requiring collocation.
Commissioner Coleman acknowledged that the building owner is willing to comply with the
emission requirements of the FCC, and hoped that the reported emissions were factual. She
stated that there would likely be an issue no matter where this was constructed. She stated that
this is better than a monopine.
Commissioner Alex stated that he does not support the project and feels that It belongs in a
commercial/industrial area, not Coastal Visitor Serving. He stated that he doesn't like the fact
that they are regulating cities regarding exposure limits. He stated that the long term effects
· can't be proven. This would be no different than putting a power plant in the building.
Commissioner Blum stated that he is not comfortable with this use going into the proposed
building and doesn't feel that it is appropriate for the Visitor Serving district
Commissioner Evans stated that he thinks the project Is great because it is camouflaging what's
going on. He indicated that he believes the FCC is operating In good faith and thinks that it's a
great project and the emissions are so low, he would have it in his own building.
Vice Chair Laferriere expressed support of the project. He stated that wireless is here to stay.
He stated that collocation sounds good, but he didn't know how the Commission could make the
: finding to favor one business owner over another. He stated that if they do deny it, they need to
make findings to support the denial.
Commissioner Alex made a motion to deny the project because the Use Permit doesn't comply
with the zoning, and should be in the Coastal Industrial zone. Commissioner Blum seconded the
· motion. City Attorney Koczanowiczasked if there were specific reasons. He stated that the
proposed use Is permitted with a .Use Permit In any zone in the City. If there is a specific reason
or issue, It should be stated. Commissioner Alex read the definition of the Coastal Industrial
Zone and the Coastal Visitor Serving (CCV). He stated that the use is nonconforming for the
CCV zone. Commissioner Blum referenced a previous cell tower that had been proposed near
Grover Heights Elementary School, and stated that it was denied by the Planning Commission
due to possible long term effects of the emissions. City Attorney Koczanowicz stated that the
· emissions were not the issue in that case.
Director Buckingham stated that if the Commission votes for denial of the project, a denial
resolution would be brought back with the finding that the cell tower is an Industrial use that isn't
compatible with the CCV zone. Commissioner Long suggested looking at the findings of the
previously mentioned project.
City Attorney Koczanowicz stated that each project has to be evaluated on its own merits.
Commissioner Coleman stated that the Zoning Code Is Intended to be a guide. She stated that
this proposal is Invisible to the public.
The motion failed on a 3-3-0-0. with Commissioners Alex, Blum, and Long voting yes, and
Commissioners Coleman. Evans and Vice Chair Laferriere voting no.
Applicant - T-MobiJe West Corporation
Pll1nning CommIssion Excerpt Minutes from February 15,2012
Page 4
City Attorney stated that an affirmative motion could be made; if not, this is the final action of the
Planning Commission, and it could be appealed to the City Council.
Director Buckingham stated that if the decision is appealed to the City Council, the Planning
Commission comments would be forwarded to the Council in the minutes.
Commissioner Coleman made motion to accept staff's recommendation to approve the project; .
. Commissioner Evans seconded the motion. The motion failed on a 3-3-0-0 vote, with
. Commissioners Coleman, Evans, and Vice Chair Laferriere voting yes and Commissioners
Alex, Blum; and Long voting no.

1-7 - Grover Beach

Transcription

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