PDP 01-10 -- An Amendment to the Approved
Planned Development Permit/Precise Development Plan (PDP)
No. 01-10 and an Addendum to the Certified Environmental
Impact Report (EIR)
(PDF file)
, to allow Tyco Telecommunications to utilize a
Horizontal Directional Drilling (HDD) method of
installation for the segment of the submarine fiber optic
cable project located between Hermosa Avenue and the
Strand, along Second Street, then under the beach and out
to approximately 3000 feet beyond the shoreline, in lieu
of the Direct Burial method approved by the City Council
in December of 2001, to install the two fiber optic
cables along this same alignment. An Addendum to the
certified Environmental Impact Report (EIR) has been
prepared in accordance with Section 15164 of the
California Environmental Quality Act (CEQA) to assess any
potential environmental impacts and incorporate or revise
applicable mitigation measures associated with the
Horizontal Directional Drilling option. All other aspects
of the project are unchanged and are in accordance with
the previously approved PDP and EIR.(
Resolution
(PDF file)
)
Staff Recommended Action:
To recommend approval to the City Council and approve the
said request.
Director Blumenfeld provided a brief history of the
previous approval for this project by the Planning
Commission and the City Council; and explained that the
applicant is now proposing to amend the existing PDP to
allow Horizontal Directional Drilling (HDD) operations
instead of a direct landing on Second Street and
immediately offshore. Director Blumenfeld noted that the
extent of this change is to allow the applicant flexibility
to either use this HDD process or Direct Burial if the
conditions warrant and if acceptable by the Coastal
Commission; and stated that the City has hired Contract
Planner Bob Goldin as the project manager.
Planner Goldin explained that due to issues raised by
the California Coastal Commission following the City's
approval, Tyco is now requesting to amend its PDP approval
to allow for use of this HDD approach, which is to install
a portion of this system on Second Street between Beach
Drive and Hermosa Avenue and then outwards to the ocean of
approximately 3,000 feet - pointing out that this HDD
approach is preferred by the California Coastal Commission;
added that this amended approach is more consistent with
the City's concerns to achieve maximum burial of the cable
both on the shoreline and the beach; and advised that no
private property will be affected by the HDD and bore
alignment. Planner Goldin explained that the HDD approach
will utilize a drilling rig to create 2 bore holes, which
will start at Second Street, to accommodate the 2 fiber
optic cables coming in as part of the Transpacific ring,
then going down the public right-of-way on Second Street,
continuing down under the Strand wall alongside the
restrooms, and then out approximately 3,000 feet to the
ocean. He explained that the maximum depth that is expected
to be achieved is approximately 100 feet below the
shoreline, thus eliminating the potential for cable
exposure.
Since the staging area has been relocated from the beach
to Second Street, Planner Goldin explained that the largest
impact using the HDD approach will be noise; that in order
to help offset the noise created by this approach, a sound
wall around the staging area will be put in place and that
sound attenuation devices will be on the equipment as well
as limitations on the operation of the drilling approach;
and pointed out that the final design and devices to reduce
the noise will be subject to review and approval by the
City. He added that the applicant has hired an acoustical
engineer who will develop the specifications for the
devices and the sound wall around the staging area to
ensure that the intent of the conditions is met. Planner
Goldin stated that the HDD approach is expected to take
approximately 7 weeks to complete, 2 to 3 weeks of which
will be the actual drilling, based on an 8:00 A.M. to
sunset, Monday through Friday work schedule. Based upon the
City's review of the information submitted, he stated that
the applicant believes the HDD approach is not expected to
result in any new significant impacts nor substantially
increase any previous impacts beyond those already
identified in the certified EIR -- noting that all factors
with HDD are short-term construction related; and stated
that following construction, it will result in addressing
the City's long-term concerns with the Direct Burial
approach in achieving maximum burial.
Planner Goldin confirmed that staff did send notices out
to the residents and business owners within 1,000 feet of
the staging area, posted the project notice at 6 locations,
and placed an 8-page legal ad in the newspaper; in
addition, he stated that Tyco has made attempts to meet
with the residents and business owners in the area; and
that to date, the City has received no written
correspondence neither in support or in opposition to this
project. He added that this item is scheduled for City
Council review on June 11, 2002; and that with the City
Council's approval, the applicant anticipates beginning
construction this Fall and completion by the end of the
year.
In response to Commissioner Tucker's inquiry, Planner
Goldin explained that the grounding beds will be below the
beach itself; that it will take approximately 2 days to
complete these beds; that the location of the grounding
beds is closer to the Strand and further back from the
shoreline; and that the impact will be very minimal and
short-term.
Chairman Perrotti opened the public hearing.
Jim Kelly, Tyco Communications, explained that this
previously approved project will remain the same, that this
change is a change to the construction method only; and
stated for Commissioner Tucker that the grounding bed
activities are typically a 1-day operation and that the
impact is minimal.
In response to Vice-Chair Pizer's questions, Mr. Kelly
explained that exploratory geotechnical testing was done to
a depth of 180 feet; advised that the core will be at a
depth of 100 feet; and that the test results indicate that
no problems are anticipated. Mr. Kelly added that if any
problems are experienced, that the type of problems with
this type of operation won't involve anything that would
last any considerable duration of time; and mentioned that
spare equipment will be nearby. Mr. Kelly suggested two
timelines for completion of this project: a 5-day work
schedule, from 8:00 A.M. to 5:00 P.M., and if permitted,
the preferable work schedule would be a 6-day workweek with
longer hours. Mr. Kelly commented on the drilling
enclosure, which is proposed to be covered with murals;
stated that the temporary walls will double as sound
attenuation devices; advised that some streetscaping will
be provided for aesthetic purposes; mentioned that only two
pieces of equipment will appear above the 12-foot high wall
-- the drilling mast and a periodic boom crane; and stated
that the constant reciprocating noise will not be any
louder than that noise of a well-tuned City bus.
Responding to Commissioner Tucker's inquiry, Mr. Kelly
stated that there predominantly will be 5 pieces of
equipment: support air compressor with a driven engine; an
electrical generator with a driven engine; the drilling rig
itself with a driven engine; and then the mud
makeup/recovery system, which has a driven engine --
pointing out that each engine will have an enclosure around
it with its interior walls covered with thick sound
attenuating mats.
Addressing Commissioner Kersenboom's inquiry, Mr. Kelly
stated that if everything goes as planned, he expects the
drilling activities to start around September 13, 2002;
stated that no engines will be turned on until 8:00 A.M.;
that the workers will be on site at 7:00 A.M. getting the
small tools ready, but not making any loud noises;
commented on a proposed mural painting contest; stated that
all the workers will be transported to this site to
alleviate any parking problems; and noted his preference to
work 11-hour days, 6 days a week - pointing out that it
takes approximately one hour to clean up the site and tools
and to secure the site before leaving for the day.
Dennis Sours, property owner at Second Street and the
Strand, stated that he is the residential property owner
most affected by this project; urged the applicant to be
considerate of the residents; and noted his preference for
more working days with quieter evenings at his home.
In response to the resident's comments, Mr. Kelly stated
that the applicant has and will continue to solicit input
from the residents and business owners nearby; and advised
that the residents were invited to attend an informal
meeting the previous night to discuss any related
issues/concerns. Mr. Kelly stated advised that the
sidewalks will remain open; that this project will not
impact access nor parking for the businesses; that the
business most affected by this project is the café;
and advised that the applicant has worked out an amicable
business deal with the café to supply food to some of
the crews, which will turn out to be an increase in
business for this business owner. He stated that the
applicant will continue to be receptive to the
input/concerns of the residents/businesses; and mentioned
that, if necessary, battery-operated lights can be used for
cleanup between 7:00 P.M. and 8:00 P.M.
Vice-Chair Pizer requested that the Planning Commission
be provided copies of any notification correspondence
between the residents or business owners or minutes of
meetings, if available, which the applicant has had with
these residents and business owners.
There being no further input, Chairman Perrotti closed
the public hearing.
Commissioner Tucker addressed his concern with the hours
of operation and noise level which may negatively impact
the nearby residents; suggested that rubberized pads be
placed on the ground to alleviate noise from anything being
dropped on the ground; and suggested that information
concerning the meetings with the residents/businesses be
provided to City Council.
Mr. Goldin stated for Commissioner Tucker that if
necessary, outside inspectors will be obtained and that
Tyco will be responsible for those fees; that the City will
be reimbursed for any loss of parking revenues; that phone
numbers will be posted on site for those wishing to contact
someone in regard to this project; and stated that if these
operations exceed the approved sound levels during the
sound monitoring activities/program, the applicant will be
required to add additional mitigation measures and/or take
additional steps to alleviate the exceeded sound
levels.
Director Blumenfeld added that a condition exists that
the final design of the noise attenuation, wall height and
design would be established based on the acoustical
engineer's study and recommendations.
Commissioner Kersenboom addressed his preference for a
shorter construction period, but that if it is too noisy
for the residents, that the activities be scaled back to
the satisfaction of everyone involved.
Addressing the Planning Commission's statements with
regard to hours of operation, Planner Goldin suggested that
the conditions be modified on Page 10, Section Nos. 6, 7, 8
of the supplemental to allow for a 7:00 A.M. startup, with
no equipment being turned on until 8:00 A.M., that work
continue up until 7:00 P.M., and that cleanup and securing
the site be done by 8:00 P.M., or as otherwise restricted
by the City based on complaints of the residents.
In response to Vice-Chair Pizer's concern with any
possible complaints received by the residents or
businesses, Director Blumenfeld suggested that wording
would be added that the City will monitor the situation for
noise during the construction activities; that if a
substantial number of complaints are received, this matter
will be relayed to the Director of Public Works and
Community Development to make an evaluation/investigation
of the complaints; and noted that staff will be able to
react in a timely manner to noise complaints. He noted that
signs for contact information will be posted on site for
those who want to voice any concern any day/time of the
week.
Following further discussion, it was the consensus of
the Planning Commission to allow the project activities
from 7:00 A.M. for prepping the tools/site, start of the
machinery at 8:00 A.M. until 7:00 P.M., and cleanup
operations from 7:00 P.M. until 8:00 P.M., Monday through
Friday.
Mr. Kelly noted for Commissioner Tucker that on a
regular basis, there will be two 20-foot low-side dumpsters
servicing this project, with two truck drop-offs of these
dumpsters every day; that there will be one daily fuel
delivery; that two loads of pipe will be necessary to
complete the project; and added that there will be flaggers
to direct the traffic during these deliveries. He added
that the offsite dumpsters will not negatively impact
traffic on Beach Drive.
Director Blumenfeld pointed out that as part of the
mitigation program, staff will make sure that signage will
clearly delineate whom to contact during any hours/days of
the week.
As part of the mitigation plan, Planner Goldin explained
that the mitigation program will be comprehensive, looking
at deliveries, drop-offs, traffic, parking, and that these
issues will be addressed up front to ensure safety and ease
of accessibility.
It was the consensus of the Planning Commission that the
hours of operation be incorporated into the resolution; and
that the ability be included to amend, if necessary, those
hours of operation.
MOTION
by Vice-Chair Pizer, seconded by Chairman Perrotti, to
CONCUR
with staff's recommendation; moved that the hours will be
7:00 A.M. for prepping the tools/site, start of the
machinery at 8:00 A.M. until 7:00 P.M., cleanup operations
from 7:00 P.M. until 8:00 P.M., Monday through Friday; and
that the hours are subject to change pending substantial
concern from the public.
AYES: Kersenboom, Perrotti, Pizer, Tucker
NOES: None
ABSENT: Hoffman (had not yet arrived)
ABSTAIN: None
Chairman Perrotti recessed the meeting at 8:32 P.M. and
reconvened the meeting at 8:39 P.M.
CUP 02-5 -- Conditional Use Permit
amendment to locate wireless communication antennae on an
existing office building
(PDF file)
at 200 Pier Avenue, Nextel.(
Resolution
(PDF file)
)
Staff Recommended Action:
To approve said request.
Director Blumenfeld explained that the applicant is
proposing to install four antennas on an existing office
building, mounted on the north and south face of the
building; that the antennas will exceed the height of the
building by approximately 2 feet; that these additional
antennas will service the western portion of the City; that
an existing telecommunications facility already exists on
site; and noted that staff believes the antennas can
successfully be lowered by 7 inches in order to comply with
the requirements of the City's zoning code. He suggested
that the antennas be painted to match the color of the
building rather than require an enclosure.
Director Blumenfeld noted for Vice-Chair Pizer that the
applicant has stated that lowering these antennas would be
acceptable.
Chairman Perrotti opened the public hearing.
Ed Gallo, representing Nextel Communications, explained
the need to fill a gap in coverage in the western portion
of this City - noting that this is a coverage issue rather
than a capacity issue; stated that this antenna facility is
smaller than what Nextel typically builds; and explained
that lowering the antennas 7 inches will have a very slight
impact upon the coverage and confirmed that it would be
acceptable to the applicant.
Commissioner Tucker addressed his concerns with the FCC
guidelines he obtained from the internet; and stated that
from what he has read in this literature, this matter needs
further study/investigation.
Addressing Commissioner Tucker's concern, Director
Blumenfeld advised that there already exists two antennas
on this site which are operating in conformance with FCC
guidelines/regulations; and explained that an engineer must
certify that the project complies with FCC requirements,
which has already been done.
Mr. Gallo pointed out that the applicant had provided an
RF certification form prior to this going up for the FCC
license; explained that the applicant is required to supply
this form giving the anticipated power of this facility;
that this form does take into consideration the existing
antennas on site; that in terms of the antenna height, the
amount of energy coming from these sites is so low that
there is no environmental impact; and added that the
maximum watts allowed is typically 200 watts of power per
antenna - pointing out that this one is a much smaller
facility and is substantially less.
Commissioner Tucker noted his concern with the distance
of the antennas with the residents to the south of this
facility and expressed his belief that this addition will
intensify the use and that more information should be
obtained before the Planning Commission approves this
request. Based on the information he obtained from the
internet, he is concerned with exposure limits to the
residents and noted that the RF form/report had not been
provided to the Planning Commission.
Director Blumenfeld noted the City's desire to encourage
applicants to co-locate these antennas when possible; and
explained that the City is pre-empted from including health
concerns in the placement of an antenna - pointing out that
the Federal government has already deemed these antennas to
be compliant with all health and safety issues.
Mr. Gallo reiterated that the RF certification form was
submitted with this application and advised that the
information in the form demonstrates that, in fact, this
facility as proposed to be operated will comply with FCC
regulations; and added that as part of the applicant's FCC
license, they are required to annually test the broadcast
signal to ensure compliance. He added that this is a much
smaller facility than what is typically built; and that
these are very low-powered facilities which operate with
radio waves, not microwaves.
Director Blumenfeld advised that a copy of the RF
report/form will be provided to the Planning
Commission.
There being no further input, Chairman Perrotti closed
the public hearing.
MOTION
by Commissioner Kersenboom, seconded by Vice-Chair Pizer,
to
CONCUR
with staff's recommendation. Motion carried as reflected
by the following vote:
AYES: Kersenboom, Perrotti, Pizer
NOES: Tucker
ABSENT: Hoffman (had not yet arrived)
ABSTAIN: None
