CITY OF PISMO BEACH PLANNING COMMISSION AGENDA REPORT

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CITY OF PISMO BEACH PLANNING COMMISSION AGENDA REPORT DATE: DECEMBER 8, 2015 TO: FROM: HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION MICHAEL GRUVER, ASSOCIATE PLANNER (805) 773-7090

1 CITY OF PISMO BEACH PLANNING COMMISSION AGENDA REPORT DATE: DECEMBER 8, 2015 TO: FROM: HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION MICHAEL GRUVER, ASSOCIATE PLANNER (805) THROUGH: MATT EVERLING, PLANNING MANAGER APPLICATION: GENERAL PLAN: ZONING DISTRICT: PROJECT NO. P ; LOCATION 165 SO. DOLLIVER; APPLICANT VERIZON WIRELESS; COASTAL DEVELOPMENT AND CONDITIONAL USE PERMITS FOR THE CONSTRUCTION OF A NEW CELLULAR SITE WITH ANTENNA INSIDE A NEW 25' TALL FLAGPOLE PISMO CREEK PLANNING AREA (RESORT COMMERCIAL) COMMERCIAL RECREATION (CR) EXECUTIVE SUMMARY The Applicant is requesting approval of Project No. P for Coastal Development and Conditional Use Permits for the construction of a new cellular site with a tri-sector antenna inside a new 25' tall flagpole. The project is located in the Commercial Recreation (CR) Zone of the Pismo Creek Planning Area. APN: The project is located in the Coastal Appeal Overlay Zone and is appealable to the California Coastal Commission. BACKGROUND The project site is located within an existing 400-space recreational vehicle park known as Pismo Coast Village. The RV park was originally approved by the City in Numerous improvements have been made to park since the original construction, including a clubhouse, pool, restroom facilities, and storage and AGENDA ITEM: 6.D. Page 1 of 36

of a new cellular site with antennas inside a new 25' tall flagpole. APN: 005-241-053.

2 repair buildings. below: A vicinity map and a photo of the existing site are provided Vicinity Map Existing Site PROJECT DESCRIPTION & APPLICATIONS Coastal Development and Conditional Use Permits for the construction of a new cellular site with antennas inside a new 25' tall flagpole. APN: The project will include the demolition of an existing flagpole, construction of a new 25 tall flagpole with a new tri-sector canister antenna, in-ground conduit, a new equipment enclosure with a 7 6 fence enclosure, two wall-mounted remote radio units, and a wireless equipment cabinet. The equipment cabinet and remote radio units will need to be elevated above a Base Flood Elevation (BFE) of 13.0 due to FEMA Floodplain requirements. Conduit and electrical connections will need to be protected for those portions under the BFE. Photo simulations of the proposed project are provided below: AGENDA ITEM: 6.D. Page 2 of 36

Front View Rear View STAFF ANALYSIS The proposed cellular site is a smaller site to help augment Verizon s coverage on the southern portion of Pismo

Current peak use of a larger Verizon cellular site at the Bello Street reservoir is impacted during heavier use, such as on holiday weekends and special

3 Front View Rear View STAFF ANALYSIS The proposed cellular site is a smaller site to help augment Verizon s coverage on the southern portion of Pismo Beach. Current peak use of a larger Verizon cellular site at the Bello Street reservoir is impacted during heavier use, such as on holiday weekends and special events, including the car show and Clam Festival. Verizon has also planned a transition of all 3G technology to be updated to a 4G network. This would increase the amount of use of the existing 4G network for voice and data use, and would result in further impacts during AGENDA ITEM: 6.D. Page 3 of 36

4 peak events, especially to 911 emergency calls to police and fire services. Verizon has prepared a Verizon Cell Site Necessity Case presentation (included as Exhibit 3). A Radio Frequency Emissions Study has been included as Exhibit 4. No mitigation measures are recommended for public exposure as the antenna is not accessible by the general public due to the location at the top of flagpole and as the exposure is less than 0.75% of the maximum exposure limit set by the Federal Communications Commission (FCC). Signage on the flagpole and equipment shelter will be required to alert maintenance personnel of associated risks working in close proximity to the antennas. ENVIRONMENTAL REVIEW This project is exempt from environmental review under the California Environmental Quality Act (CEQA) Section 15303, which exempts the construction and location of small new equipment and structures. RECOMMENDATION Adopt the Resolution in Exhibit 1 approving the construction of a new cellular site with an antenna within a new 25 tall flagpole. Exhibits: 1. Resolution and Conditions of Approval 2. General Plan, Overlay, and Development Standards Consistency Charts 3. Verizon Wireless Cell Site Necessity Case 4. Radio Frequency Emissions Study 5. Photo-simulations 6. Plans AGENDA ITEM: 6.D. Page 4 of 36

5 EXHIBIT 1 RESOLUTION NO. - A Resolution of the Planning Commission of the City of Pismo Beach Approving Project No. P Coastal Development and Conditional Use Permits for the construction of a new cellular site with an antenna inside a new 25' tall flagpole 165 So. Dolliver; APN: WHEREAS, Verizon Wireless ("Applicant") has submitted an application to the City of Pismo Beach for Coastal Development and Conditional Use Permits for the construction of a new cellular site with an antenna inside a new 25' tall flagpole; and WHEREAS, the Planning Commission held a duly-noticed public hearing on December 8, 2015, at which all interested persons were given the opportunity to be heard; and WHEREAS, the Planning Commission determines that under the provisions of the California Environmental Quality Act (CEQA), the construction of a new cellular site with an antenna inside a new 25' tall flagpole is exempted per section NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Pismo Beach, California as follows: A. FINDINGS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) 1. The project consists of the construction of a new cellular site with an antenna inside a new 25' tall flagpole. 2. There are no site constraints or other factors that would create the potential for significant environmental impacts as a result of construction of a new cellular site with an antenna inside a new 25' tall flagpole. 3. The construction of a new cellular site with an antenna inside a new 25' tall flagpole is exempt from CEQA in accordance with section of the CEQA Guidelines, exempting the construction and location of small new equipment and structures. B. FINDINGS FOR APPROVAL OF THE COASTAL DEVELOPMENT AND CONDITIONAL USE PERMITS: 1. The construction of a new cellular site with an antenna inside a new 25' tall flagpole is in conformity with the public access and public recreation policies AGENDA ITEM: 6.D. Page 5 of 36

6 of Chapter 3 (commencing with Section 30220) of the California Coastal Act of The construction of a new cellular site with an antenna inside a new 25' tall flagpole is appropriate in size so as to be compatible with the adjacent structures. 3. The construction of a new cellular site with an antenna inside a new 25' tall flagpole is compatible with the visual quality and character of the surrounding area and the immediate neighborhood. 4. The construction of a new cellular site with an antenna inside a new 25' tall flagpole is consistent with the General Plan, Local Coastal Plan and General Plan Land Use Plan category of Resort Commercial. 5. The construction of a new cellular site with an antenna inside a new 25' tall flagpole is in conformance with the requirements of the 1983 Zoning Code. 6. The construction of a new cellular site with an antenna inside a new 25' tall flagpole is compatible with the nearby existing uses and is not detrimental to the health, safety, morals, comfort and general welfare of persons living or working in the surrounding area of the proposed project. 7. The site is physically suitable for the construction of a new cellular site with an antenna inside a new 25' tall flagpole. 8. The construction of a new cellular site with an antenna inside a new 25' tall flagpole is in keeping with the character of the surrounding area composed of mobile home parks, recreational vehicle parks, and campgrounds, and is consistent with the zoning of the project site. 9. The construction of a new cellular site with an antenna inside a new 25' tall flagpole will not be detrimental to the orderly development of improvements in the surrounding area, and will not be detrimental to the orderly and harmonious development of the City. 10. The construction of a new cellular site with an antenna inside a new 25' tall flagpole will not impair the desirability of investment or occupation in the neighborhood. The Planning Commission does hereby approve the Coastal Development Permit and Conditional Use Permit subject to the Conditions attached as Exhibit 1A. UPON MOTION of Commissioner seconded by Commissioner the foregoing Resolution is hereby approved and adopted the 8 th day of December, 2015, by the following roll call vote, to wit: AGENDA ITEM: 6.D. Page 6 of 36

7 AYES: NOES: ABSTAIN: ABSENT: Chairman DJ White ATTEST: Kathy Schwartz, Minutes Clerk AGENDA ITEM: 6.D. Page 7 of 36

8 EXHIBIT 1A PERMIT NO. P , CDP, CUP PLANNING COMMISSION MEETING OF December 8, So. Dolliver, APN: The conditions imposed on this project shall affect the title and possession of the real property that is the subject of this permit and shall run with the real property or any portion thereof. All the terms, covenants, conditions, and restrictions herein imposed and made available to the applicant shall be binding upon and inure to the benefit of the owner (applicant, developer), his or her heirs, administrators, executors, successors and assigns. Upon any sale, division or lease of real property, all the conditions of this permit shall apply separately to each portion of the real property and the owner (applicant, developer) and/or possessor of any such portion shall succeed to and be bound by the obligations imposed on owner (applicant, developer) by this permit. AUTHORIZATION: Subject to the conditions stated below, approval of Permit P grants planning permits for the construction of a new cellular site with an antenna inside a new 25' tall flagpole, as shown on the approved plans with City of Pismo Beach stamp of December 8, Approval is granted only for the use as herein stated; any proposed changes shall require approval of amendments to these permits by the City of Pismo Beach. Standard conditions, policies and selected code requirements applicable to the proposed development, as adopted by the Planning Commission on December 8, 2015, are by this reference included as conditions of this permit. Such standard conditions will be attached to this permit when signed by the applicant. Special project conditions are listed on Exhibit A of this permit. The applicant agrees to comply with all City standard conditions and conditions specific to the project. EFFECTIVE DATE: This permit shall become effective upon the passage of 20 days following the receipt of notice of this action by the California Coastal Commission, provided that an appeal has not been filed to the City Council within 10 working days or that an appeal has not been filed to the Coastal Commission within the above 20 days. The filing of an appeal shall stay the effective date until an action is taken on the appeal. EXPIRATION DATE: The applicant is granted two years for inauguration (i.e. building permits issued and construction begun) of this permit. The permits will expire on December 8, 2017 unless inaugurated prior to that date. Time extensions are permitted pursuant to Zoning Code Section (2). ACCEPTANCE OF PERMIT AND CONDITIONS: The property owner and the applicant (if different) shall sign these Conditions within ten (10) working days of receipt; the permit is not valid until signed by the property owner and applicant. AGENDA ITEM: 6.D. Page 8 of 36

9 COMPLIANCE AGREEMENT: I have read and understood, and I will comply with all applicable requirements of any law or agency of the State, City of Pismo Beach and any other governmental entity at the time of construction. The duty of inquiry as to such requirements shall be my responsibility. I agree to defend, indemnify, and hold harmless the City, its agents, officers, and employees, from any claim, action, or proceeding against the City as a result of the action or inaction by the City, or from any claim to attack, set aside, void, or annul this approval by the City of the project; or my failure to comply with conditions of approval. This agreement shall be binding on all successors and assigns. I HAVE READ AND UNDERSTOOD, AND I WILL COMPLY WITH ALL ATTACHED STATED CONDITIONS OF THIS PERMIT Approved by the Planning Commission on December 8, Applicant Property Owner Date Date CONDITIONS, POLICIES AND SELECTED CODE REQUIREMENTS PROJECT No. P So. Dolliver, APN # AGENDA ITEM: 6.D. Page 9 of 36

10 Conditions as indicated below have been deemed to be of a substantive nature on the basis of the Planning Commission's decision. These conditions cannot be altered without Planning Commission approval. STANDARD CONDITIONS, POLICIES AND SELECTED CODE REQUIREMENTS Conditions as indicated below have been deemed to be of a substantive nature on the basis of the Planning Commission's decision. These conditions cannot be altered without Planning Commission approval. A. STANDARD CITY CONDITIONS: Project shall comply with all standard conditions and selected code requirements on file at the Community Development Department, Planning Division located at 760 Mattie Road. B. SPECIAL CONDITIONS TO BE MET PRIOR TO ISSUANCE OF A BUILDING PERMIT: BUILDING DIVISION: BUILDING DIVISION: 1. BUILDING PERMIT APPLICATION. To apply for building permits submit five (5) sets of construction plans ALONG WITH FIVE (5) COPIES OF THE CONDITIONS OF APPROVAL NOTING HOW EACH CONDITION HAS BEEN SATISFIED to the Building Division. a. All construction shall conform to the edition of the applicable California Building Code (CBC) or California Residential Code (CRC), the California Plumbing Code, the California Mechanical Code, the California Electrical Code, the California Energy Code, and the California Green Building Standards Code, including City of Pismo Beach amendments, in effect when an application for construction permit is submitted to the Building Division. b. An application for a construction permit remains valid for 365 days after the date of filing. If a permit is not issued by this date, the application shall expire. In order to renew action on an application after expiration, the applicant must confirm that Planning approvals remain valid and shall submit a new application, plans and documentation and pay a new plan review fee. c. All required documents essential to the design of the project shall be submitted with the construction permit application. No deferred AGENDA ITEM: 6.D. Page 10 of 36

11 submittals, such as truss details, fire sprinkler plans, metal fabrication drawings, etc., are allowed. PLANNING DIVISION: 2. FLOODPLAIN PROTECTION. Plans submitted for a Building Permit shall show how electrical equipment is protected from flood waters, including noting height of electrical equipment above the Base Flood Elevation of 13.0 per FEMA Flood Rate Insurance Maps. Electric service lines to be undergrounded shall also be protected. 3. EQUPMENT SCREENING. The height of wall mounted remote radio units and wireless equipment cabinet shall not exceed the height of the fence enclosure. C. CONDITIONS TO BE MET DURING CONSTRUCTION: BUILDING DIVISION: 1. SITE MAINTENANCE. During construction, the site shall be maintained so as to not infringe on neighboring property, such as debris and dust. 2. ARCHAEOLOGICAL MATERIALS. In the event unforeseen archaeological resources are unearthed during any construction activities, all grading and or excavation shall cease in the immediate area and the find left untouched. The Building Official shall be notified so that the extent and location of discovered materials may be recorded by a qualified archaeologist, Native American, or paleontologist, whichever is appropriate. The qualified professional shall evaluate the find and make reservations related to the preservation or disposition of artifacts in accordance with applicable laws and ordinances. If discovered archaeological resources are found to include human remains, or in any other case when human remains are discovered during construction, the Building Official shall notify to county coroner. If human remains are found to be of ancient age and of archaeological and spiritual significance, the Building Official shall notify the Native American Heritage Commission. The developer shall be liable for costs associated with the professional investigation. D. CONDITIONS TO BE MET PRIOR TO FINAL INSPECTION AND ISSUANCE OF CERTIFICATE OF OCCUPANCY: PLANNING DIVISION: 1. WARNING SIGNS. Warning signs shall be posted at fence entry points and locations nearest the antennas, at the antennas, and in any other locations AGENDA ITEM: 6.D. Page 11 of 36

12 appropriate to provide adequate warning of radiofrequency (RF) emissions to members of the general public or maintenance workers. E. CONDITIONS SUBJECT TO ONGOING COMPLIANCE: 1. HOLD HARMLESS. The applicant, as a condition of approval, hereby agrees to defend, indemnify, and hold harmless the City, its agents, officers, and employees, from any claim, action, or proceeding against the City as a result of the action or inaction by the City, or from any claim to attack, set aside, void, or annul this approval by the City of the applicant's project; or applicant's failure to comply with conditions of approval. This condition and agreement shall be binding on all successors and assigns. 2. The property owner and the applicant (if different) shall sign these Conditions of Approval within ten (10) working days of receipt; the permit is not valid until signed by the property owner and applicant. -END- AGENDA ITEM: 6.D. Page 12 of 36

13 EXHIBIT 2 General Plan, Overlay, and Development Standards Consistency Charts General Plan Policy Consistency Issues Number General Plan Policy Related Condition LU-L-4 Pismo Coast Village Storage The RV storage and repair area next to Pismo Creek should be moved to a less important place on the site. Areas next to Pismo Creek should be used for Pismo Creek trails and open space and visitor related uses such as additional RV spaces. D-2 d. All Facades Architectural features shall be consistent throughout a development, even when a portion of the development is hidden from public view. D-28 Visual Quality Any new development along city-designated scenic highways should meet the following criteria: a. Development should not significantly obscure, detract from nor diminish the scenic quality of the highway None None. None Issue None: This small project does not involve the rv storage near Pismo Creek. None: the design appears to meet this design guideline. Design is consistent with the policy. Zoning Code Overlay Zone Consistency Number Overlay Zone Related Conditions Architectural Review (AR): Development in any zone except R-1 and R-2 requires architectural review Archaeology and Historic Sites (A) Requires archaeological surface survey for all sites in this zone; additional study or None Issue None: architectural review provided by the Planning Commission. C-4 A previous archaeological report noted artifacts nearby, however this project is not expected to impact those sites. The cell site improvements will occur in areas where significant grading was performed in the 1970s. A new AGENDA ITEM: 6.D. Page 13 of 36

14 Number Overlay Zone Related Conditions mitigation may be required depending on results of survey Issue archaeological report was not required. Condition C-4 is the standard condition requiring monitoring should materials be found during grading/trenching Coastal Appeal (CA) Project approvals within this zone can be appealed to the Coastal Commission, in limited circumstances. All projects within the CA zone are reviewed by the Planning Commission Floodplain (F) Building floor levels must be one foot above the 100-year flood elevation, in accordance with Federal Emergency Management Agency (FEMA) regulations Hazards and Protection (H) Governs development on blufftops, beaches, hillsides and in other hazard-prone areas View Considerations (V) New development must not change the elevation of the land or block views significantly. None None. Project is being reviewed by Planning Commission. Action by the PC may be appealed to the Coastal Commission. B-2 Building permits will be required by the City. FEMA regulations for protection of electrical equipment and lines will need to be met. See Condition B-2 None None None. The project will not affect the nearby beach area. Flagpole and equipment shelter will not affect views from Highway 1. Item Permitted/Required Code Section Max bldg height 35' above the center of the building footprint at site grade Proposed Yes. Complies? AGENDA ITEM: 6.D. Page 14 of 36

15 EXHIBIT 3 WIRELESS CELL SITE NECESSITY CASE AGENDA ITEM: 6.D. Page 15 of 36

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22 EXHIBIT 4 RADIO FREQUENCY EMISSION STUDY AGENDA ITEM: 6.D. Page 22 of 36

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28 EXHIBIT 5 PHOTO-SIMULATIONS AGENDA ITEM: 6.D. Page 28 of 36

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PISMO BEACH PLANNING COMMISSION AGENDA REPORT

PISMO BEACH PLANNING COMMISSION AGENDA REPORT SUBJECT: 190 Cliff; Duke & Lori Sterling, Applicants: Project no. P15-000065 Minor Modification to Permit # P14-000145 for a new roof over stairs leading to