HomeMy WebLinkAbout2025 - CONDITIONAL USE PERMIT FOR NEW WIRELESS FACILITY EXCEEDING HEIGHT LIMIT - 20662 (CS) Newport Coast Dr RESOLUTION NO. 2025
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING
MITIGATED NEGATIVE DECLARATION NO. ND2016-002,
APPROVING CONDITIONAL USE PERMIT NO. UP2016-024
AND LIMITED TERM PERMIT NO. XP2016-007 FOR THE
COYOTE CANYON GAS RECOVERY FACILITY DEMOLITION
AND TELECOM UPDATE LOCATED AT 20662 NEWPORT
COAST DRIVE (PA2016-091)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Fortistar, AT&T, Sprint, T-Mobile, and Verizon Wireless
(collectively the "applicants'), with respect to property located at 20662 Newport Coast
Drive, and legally described as a Portion of Block 128, Tract No. 361 of the Irvine
Subdivision requesting approval of a conditional use permit and a limited term permit.
2. The applicants propose demolition of the existing gas-to-energy facility structures and the
construction of both temporary and permanent collocated wireless telecommunication
facilities at the closed Coyote Canyon Landfill gas-to-energy facility site. The project site
is located at the top of a hill in an open space area near Sage Hill School. AT&T, Sprint,
T-Mobile and Verizon Wireless all maintain existing facilities at the project site with
antennas collocated on a 105-foot-high exhaust stack. The exhaust stack will be
demolished, which necessitates the removal of existing wireless telecommunications
facility antennas attached to it. A conditional use permit is requested to allow the
construction of two collocated 65-foot-high faux eucalyptus trees, which will serve as
permanent wireless telecommunications facilities for the four carriers. A limited term
permit is requested to construct two collocated temporary wireless telecommunications
facilities during construction of the faux trees to avoid a disruption in service.
3. The subject property is located within the Open Space (OS) Zoning District and the
General Plan Land Use Element category is Open Space (OS).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on September 22, 2016, in the Council Chambers located at
100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose
of the public hearing was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this public hearing.
Planning Commission Resolution No. 2025
Page 2 of 19
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. An Initial Study and Mitigated Negative Declaration have been prepared in compliance
with the California Environmental Quality Act (CEQA), the State CEQA Guidelines,
and City Council Policy K-3.
2. The draft Mitigated Negative Declaration was circulated for a 30-day comment period
beginning on August 3, 2016, and ending on September 2, 2016. The contents of the
environmental document and comments on the document were considered by the
Planning Commission in its review of the proposed project.
3. On the basis of the entire environmental review record, the proposed project, with
mitigation measures, will have a less than significant impact upon the environment and
there are no known substantial adverse effects on human beings that would be
caused. Additionally, there are no long-term environmental goals that would be
compromised by the project, nor cumulative impacts anticipated in connection with the
project. The mitigation measures identified and incorporated in the Mitigation
Monitoring and Reporting Program are feasible and will reduce the potential
environmental impacts to a less than significant level.
4. The Mitigated Negative Declaration and related Mitigation Monitoring and Reporting
Program attached as Exhibit "B" are hereby adopted. The document and all material,
which constitute the record upon which this decision was based, are on file with the
Planning Division, City Hall, 100 Civic Center Drive, Newport Beach, California.
SECTION 3. REQUIRED FINDINGS.
Conditional Use Permit
In accordance with Newport Beach Municipal Code (NBMC) Section 20.52.020(F)
(Conditional Use Permits and Minor Use Permits), the following findings and facts in support
of such findings are set forth:
Finding:
A. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The site is located within the OS land use designation in the Land Use Element of the
General Plan. The OS designation is intended to provide areas for a range of public
and private uses to protect, maintain, and enhance the community's natural resources.
The proposed replacement collocated telecom facility is consistent with this
designation in that it will be located within the grounds of the existing landfill-gas
recovery facility and will help to prevent the need for locating a telecom facility
elsewhere within the OS designation where a similar facility had not been located
previously.
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Planning Commission Resolution No. 2025
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2. General Plan Natural Resources Policy NR 21.1 states that signs, utilities and
antennas shall be sited and designed to minimize visual impacts. The proposed
project will include removal of the existing 105-foot-high exhaust stack. The new
collocated telecom facility will include the installation of two faux trees blended to
match the existing environment, which will help to enhance the existing aesthetics of
the landfill-gas recovery facility property as can be seen from the adjacent residential
neighborhoods and public roadways.
3. The project site is not in a specific plan area.
Finding:
B. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code.
Facts in Support of Finding:
1. The site is located within the OS Zoning District. This district is intended to provide
areas to maintain and protect the community's natural open space resources and to
maintain and protect landscaped open spaced areas located within residential and
nonresidential developments, where no further development is allowed. See Fact in
Support of Finding No. A-1 above.
2. NBMC Chapter 20.49 (Wireless Telecommunications Facilities) identifies a telecom
facility that includes faux trees as a Class 4 (Freestanding Structure) installation, which
is permissible subject to the approval of a conditional use permit.
3. NBMC Section 20.49.040(8)(3) (Telecom Facility Preferences and Prohibited
Locations) prohibits telecom facilities in the OS Zoning District, unless they are
collocated on an existing utility tower within a utility easement area, or collocated on an
existing facility. A "telecommunications facility" includes the supporting equipment and
structures as well as the land or structures on which they are situated by Zoning Code
definition. Here, the telecommunications facility is proposed to be collocated on an
existing facility, as it will use existing support equipment and be situated on land
currently used by utilities and telecommunication facilities.
4. NBMC Section 20.49.040(A) prioritizes telecom facilities as follows: 1) collocation of a
new facility at an existing facility; 2) Class 1 (Stealth/Screened); 3) Class 2 (Visible
Antennas) and Class 3 (Public Right-of-Way), Class 4 (Freestanding Structure), and
Class 5 (Temporary). Although lower on the listing of priority facilities, the proposed
facility is designed such that it will not visually dominate the surrounding area and is
intended to blend seamlessly into the infrastructure of the neighborhood.
5. Supporting equipment will be installed within the existing equipment enclosure areas
adjacent to the existing 12-foot-high perimeter walls surrounding the project site.
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Planning Commission Resolution No. 2025
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6. The proposed facility will comply with applicable requirements of the Zoning Code with
construction as shown on the project plans and implementation of the conditions of
approval as well as the Mitigation Monitoring and Reporting Program.
Finding:
C. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity.
Facts in Support of Finding:
1. The proposed design of the faux trees will replicate that of existing and proposed
nearby trees, which will help to blend in with the surrounding environment of the hillside
where the site is located. As conditioned and incorporated as part of the Mitigation
Monitoring and Reporting Program, the existing landscaping that is dead and/or dying
will be removed and replaced with new trees and improved irrigation systems to help
enhance and produce a complementary visual screening of the site that blends with the
surrounding environment.
2. The support equipment for the site will be placed in existing screened enclosure areas.
3. The proposed telecom facility will be unmanned, will have no impact on the circulation
system, and, as conditioned, will not generate noise, odor, smoke, or any other adverse
impacts to.adjacent land uses.
4. The nearest residential property is approximately 1,200 feet south of the project site
and Sage Hill School is approximately 1,300 feet north of the project site. Both
proximate uses are buffered by the surrounding 12-foot-high perimeter wall, adjacent
landscaped open space area and its intervening topography.
5. The proposed telecommunications facility will help to enhance coverage and capacity
for residents and visitors in the area by providing wireless access to voice and data
transmission services. The proposed facility will not result in any material changes to
the character of the local community.
Finding:
D. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities.
Facts in Support of Finding:
1. Adequate public and emergency vehicle access, public services, and utilities are
provided to and around the subject site and the proposed continuation of an existing
use will not change this.
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Planning Commission Resolution No. 2025
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2. The proposed telecom facility will be unmanned and will have no impact on the
circulation system and adjacent land uses.
3. The Public Works Department, Building Division, Police Department, and Fire
Department have reviewed the project proposal and do not have any concerns
regarding access, public services, or utilities provided to the existing neighborhood
and surrounding area.
4. As conditioned and incorporated as part of the Mitigation Monitoring and Reporting
Program, the existing landscaping that is dead and/or dying will be removed and
replaced with new trees and improved irrigation systems to help prevent fire hazards
and improve upon the overall safety of the project site.
Finding:
E. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use.
Facts in Support of Finding:
1. The proposed facility will comply with the applicable rules, regulations and standards
of the Federal Communications Commission (FCC) and the California Public Utilities
Commission (CPUC), thus ensuring public health and safety.
2. Implementation of the conditions of approval and mitigation measures identified within
the Mitigation Monitoring and Reporting Program will help to preclude significant
adverse impacts to the environment.
3. The proposed facility is not located in an area adjacent to a coastal view road or public
coastal view point.
Wireless Telecommunications Facility Specific Findings
In accordance with NBMC Section 20.49.060(H)(1) (Permit Review Procedures), the
following additional findings and facts in support of such findings are set forth:
Finding:
F. The proposed telecom facility is visually compatible with the surrounding
neighborhood.
Facts in Support of Finding:
1. The existing telecom facility includes four collocated antenna arrays on a 105-foot-high
exhaust stack, which is easily visible from most adjacent public roadways and
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residential neighborhoods. As part of the proposed project, this visual obstruction will
be removed; therefore, immediately improving the aesthetics of the project site and
surrounding environment.
2. The proposed telecom facility will include two new 65-foot-high faux trees with
supporting equipment screened within existing adjacent enclosure areas. Installation
of the new freestanding structure will not appear out of character with the surrounding
neighborhood as the facility will blend with the revitalized landscape of the area.
Finding:
G. The proposed telecom facility complies with height, location and design standards, as
provided for in this chapter.
Facts in Support of Finding:
1. The existing wireless telecommunications facility relies upon the 105-foot-high exhaust
stack, which will be removed as part of this project. The proposed telecom facility will
replicate the existing antenna array heights and will further enhance the aesthetic
design of the site by collocating on faux tree structures. The faux tree structures are
conditioned to blend with the existing and replacement native trees in the area and will
not exceed 65-foot height allowance permissible.
2. The facilities' location is an existing landfill-gas recovery facility, with existing support
equipment, situated in the middle of an open space area where adverse impacts to
surrounding land uses are minimized to the greatest extent feasible.
3. The faux trees' branches and leaves are intended to screen the antennas from view
thereby creating a more inconspicuous facility that blends with the existing
development and the surrounding landscape. The design of the faux trees will be
consistent with the surrounding vegetation and replacement trees. As conditioned and
incorporated as part of the Mitigation Monitoring and Reporting Program, the existing
landscaping that is dead and/or dying will be removed and replaced with new trees and
improved irrigation systems to help enhance and produce a complementary visual
screening of the site.
4. The support equipment will be located within in a screened enclosure area directly
adjacent to the site.
Finding:
H. An alternative site(s) located further from a residential district, public park or public
facility cannot feasibly fulfill the coverage needs fulfilled by the installation at the
proposed site.
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Planning Commission Resolution No. 2025
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Facts in Support of Finding
1. The intervening topography severely limits alternative site options as many of the
nearby buildings hinder the coverage objectives and do not fulfill the need
demonstrated to maintain and enhance coverage and capacity. The applicants have
provided maps that demonstrate some improved coverage within the immediate
vicinity as a result of the proposed replacement facility.
2. The proposed replacement facility is located in the landfill-gas recovery facility within
an open space area away from residential districts and public park facilities. The
closest public facility is the Newport Coast Community Center located approximately
1,600 feet to the southwest of the project site. The design of the proposed
replacement facilities is intended to minimize its visibility to surrounding residential
development, as well as to vehicle traffic along Newport Coast Drive and State Route
73.
3. The site is viable in maintaining and balancing the applicants' needs for radio
frequency(RF) coverage and capacity while keeping a significant distance from single-
family residential areas.
Finding:
1. An alternative plan that would result in a higher preference facility class category for
the proposed facility is not available or reasonably feasible and desirable under the
circumstances.
Facts in Support of Finding
1. Alternative designs were considered using higher priority installations; however, the
height necessary to maintain and enhance existing coverage and capacity would
cause an abrupt change in the rhythm and would detriment the aesthetics of the site.
2. The proposed faux tree installations will blend well with the existing and enhanced
landscaping in the vicinity of the perimeter walls for the landfill-gas recovery facility
site.
3. The proposed replacement facility will allow the maintenance and enhancement of
existing coverage and capacity.
Finding:
J. The increased height will not result in undesirable or abrupt scale changes or
relationships between the proposed telecom facility and existing developments or
public spaces.
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Planning Commission Resolution No. 2025
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Facts in Support of Finding:
1. The existing antenna arrays are located on the 105-foot-high exhaust stack, which will
be removed as part of the proposed project. The replacement antenna arrays will be
located on two collocated, 65-foot-high faux trees; thus, eliminating 40 feet of vertical
structure.
2. The proposed faux trees are conditioned such that they will be designed to blend well
with the existing and enhanced vegetation surrounding the landfill-gas recovery facility.
3. The landfill-gas recovery facility is situated approximately 780 feet above mean sea
level with intervening topography in between the site and public roads or adjacent
residential neighborhoods. From the lower elevations along Newport Coast Drive near
San Joaquin Hills Road, visibility of the proposed replacement facility will be
minimized.
Finding:
K. Establishment of the telecom facility at the requested height is necessary to provide
service.
Facts in Support of Finding:
1. The proposed replacement facility will place antenna arrays at the same or similar
heights to those of the existing arrays placed on the taller exhaust stack. A lower
arrangement would be detrimental to existing coverage.
2. The increased height to a maximum of 65 feet will not only allow for maintenance of
existing coverage, but will provide an opportunity for the carriers to enhance coverage
and improve capacity for the nearby roadways and residential neighborhoods.
Limited Term Permit
In accordance with NBMC Section 20.52.040(G) (Limited Term Permits — Findings and
Decisions), the following findings and facts in support of such findings are set forth:
Finding:
A. The operation of the requested limited duration use at the location proposed and within
the time period specified would not be detrimental to the harmonious and orderly growth
of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public
convenience, health, interest, safety, or general welfare of persons residing or working in
the neighborhood of the requested limited duration use.
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Planning Commission Resolution No. 2025
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Facts in Support of Finding:
1. The limited term permit will allow two collocated temporary wireless telecom facilities to
maintain existing service to the Newport Coast and Newport Ridge areas.
2. As conditioned, the operation of the temporary wireless facility will be limited to a
maximum period of 12 months and only during construction of the permanent
replacement facility. Although operational 24 hours a day, the facility will be unmanned
and will emit minimal noise or light, limiting any impact on nearby residents.
3. The proposed temporary facility will be located within the perimeter of the existing landfill-
gas recovery approximately 1,200 feet from the nearest residence, which is buffered from
the temporary use by an existing block wall, landscaping, and intervening topography.
Finding:
B. The subject lot is adequate in size and shape to accommodate the limited duration use
without material detriment to the use and enjoyment of other properties located adjacent
to and in the vicinity of the lot.
Facts in Support of Finding:
1. The subject property is approximately 4.14 acres in size and consists of operational
structures associated with the landfill-gas recovery facility. Several of the structures
will be removed. The resulting scraped area and overall site size will be adequate to
accommodate the wireless facility and any existing use of the property without
impacting vehicle circulation.
Finding:
C. The subject lot is adequately served by streets or highways having sufficient width and
improvements to accommodate the kind and quantity of traffic that the limited duration use
would or could reasonably be expected to generate.
Facts in Support of Finding:
1. The limited duration use is a temporary wireless telecommunications facility that will
not generate traffic, but will maintain service for the Newport Coast and Newport Ridge
areas.
2. The subject property is accessed by a single approach taken from Newport Coast
Drive at a signalized intersection. The wireless facility will be located such that it will
not impede access within the site.
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Planning Commission Resolution No. 2025
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Finding:
D. Adequate temporary parking to accommodate vehicular traffic to be generated by the
limited duration use would be available either on-site or at alternate locations acceptable
to the Planning Commission.
Facts in Support of Finding:
1. The proposed limited duration use will not create additional parking demand and will
be unmanned.
Finding:
E. The limited duration use is consistent with all applicable provisions of the General Plan,
any applicable specific plan, the Municipal Code, and other City regulations.
Facts in Support of Finding:
1. The site is located within the OS land use designation in the Land Use Element of the
General Plan. The OS designation is intended to provide areas for a range of public
and private uses to protect, maintain, and enhance the community's natural resources.
The proposed replacement collocated wireless telecommunications facility is
consistent with this designation in that it will be located within the grounds of the
existing landfill-gas recovery facility.
2. The site is located within the OS Zoning District. This district is intended to provide
areas to maintain and protect the community's natural open space resources and to
maintain and protect landscaped open spaced areas located within residential and
nonresidential developments, where no further development is allowed. The proposed
temporary use will take place within an existing disturbed site where a wireless
telecommunications facility currently operates, will be utilized for a limited duration on-
site, will not impede use of the site, and will ensure adequate service is maintained
during construction of the permanent replacement facility.
3. The limited duration use is conditioned such that it will comply with all applicable
provisions of the General Plan, Municipal Code, and other City regulations.
4. The subject lot is not located within a specific plan.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby adopts Mitigated
Negative Declaration No. ND2016-002 as depicted in Exhibit "A" and the Mitigation
Monitoring and Reporting Program as depicted in Exhibit "B" of this resolution, which are
attached hereto and incorporated herein by reference.
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Planning Commission Resolution No. 2025
Page 11 of 19
2. The Planning Commission of the City of Newport Beach hereby approves Conditional
Use Permit No. UP2016-024 and Limited Term Permit No. XP2016-007, subject to the
conditions set forth in Exhibit "C," which is attached hereto and incorporated herein by
reference.
3. This action shall become final and effective fourteen (14) days following the date this
Resolution was adopted unless within such time an appeal is filed with the City Clerk
in accordance with the provisions of Title 20 Planning and Zoning, of the Newport
Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 22ND DAY OF SEPTEMBER, 2016.
AYES: Hillgren, Koetting, Dunlap, Weigand
NOES: None
ABSTAIN: None
ABSENT: Kramer, Lawler, Zak
BY: /
ory Kram r, Chairma
BY:"ZLI � —
P , Se retary
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Planning Commission Resolution No. 2025
Page 12 of 19
EXHIBIT "A"
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION NO. ND2016-002
SCH NO. 2016081012
(Available separate due to document size)
httr)://www.newportbeachca.-gov/cegadocuments
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Planning Commission Resolution No. 2025
Page 13 of 19
EXHIBIT "B"
MITIGATION MONITORING AND REPORTING PROGRAM
05-26-2016
COYOTE CANYON LANDFILL GAS RECOVERY FACILITY DEMOLITION AND TELECOM UPDATE
Final Initial Study/Mitigated Negative Declaration
MITIGATION MONITORING AND REPORTING PROGRAM
Monitoring Party VERIFICATION OF COMPLIANCE`
Mitigation and Monitoring Responsibl
Mitigation Measure
Number Reporting Milestones a for Initials Date Remarks
Process Monitoring
AESTHETICS
MM-1 In order to reduce long-term Review of Prior to City of
aesthetics/views impacts to a Final Plans; Approval of Newport
less than significant level, OC Construction Final Plans; Beach
Waste& Recycling will Inspection During Planning
implement a Tree Construction Division
Replacement and
Revegetation Plan for the
proposed project which will
remove the majority of the
non-native trees that currently
surround the project site and
replace them with native white
alders,western sycamores
and coast live oak trees. The
new trees will also have a
dedicated below-ground
irrigation line to ensure that
the new trees receive
sufficient irrigation. In
addition, OC Waste&
Recycling will ensure that a
qualified habitat maintenance
contractor will provide long-
term habitat maintenance and
monitoring for the new trees.
September 2016 3-3 Mitigation Monitoring and Reporting Program
COYOTE CANYON LANDFILL GAS RECOVERY FACILITY DEMOLITION AND TELECOM UPDATE
Final Initial Study/Mitlgaled Negative Declaration
MM-2 The Final Tree Replacement Review of Prior to � City of
and Revegetation Plan will be Final Plans; Approval of Newport
modified by the City as Construction Final Plans; Beach
necessary to add additional Inspection During Planning
white alders and western Construction Division
sycamore trees,that grow
more quickly than coast live
oak trees, so that the
Revegetation Plan provides no
major gaps for the long-term
visual screening of the project
site.
BIOLOGICAL RESOURCES
MM-3 To avoid potential impacts to Review of Prior to City of
active bird nests, including Final Plans; Approval of Newport
coastal California gnatcatchers Construction Final Plans; Beach
or migratory birds,the Inspection During Planning
proposed demolition of Construction Division
structures,the construction of
temporary and permanent
wireless telecommunication
facilities, and implementation
of the Tree Replacement and
Revegetation Plan at the
project site will comply with the
NCCP Construction
Minimization Measures.
Specifically,these activities
will occur outside the nesting
bird season(i.e., February 15
to August 31).
September 2016 N � 3-4 Mitigation Monitoring and Reporting Program
COYOTE CANYON LANDFILL GAS RECOVERY FACILITY DEMOLITION AND TELECOM UPDATE
Final Initial Study/Mitigated Negative Declaration
MM-4 A qualified biologist will Review of Prior to City of
conduct a pre-construction Final Plans; Approval of Newport
survey of the proposed work Construction Final Plans; Beach
areas within one week prior to Inspection During Planning
the start of the work to verify Construction Division
that no special-status species,
such as coastal California
gnatcatchers, or migratory
birds,would be adversely
affected by the proposed
activities.
MM-5 For the proposed demolition Review of Prior to City of -
activities and for the Final Plans; Approval of Newport
construction of the temporary Construction Final Plans; Beach
and permanent wireless Inspection During Planning
telecommunication facilities, Construction Division
all vehicles using the project
site access road will remain on
the asphalt access road. To
prevent any impacts to coastal
sage scrub, no staging areas,
stockpiles, equipment storage,
or vehicle turn outs will be
permitted on the shoulder of
the access road.
September 2016 3-5 Mitigation Monitoring and Reporting Program
COYOTE CANYON LANDFILL GAS RECOVERY FACILITY DEMOLITION AND TELECOM UPDATE
Final Initial Study/Mitigated Negative Declaration
MM-6 As a part of the contract for Review of Prior to City of
tree removal activities, OC Final Plans; Approval of Newport
Waste&Recycling will ensure Construction Final Plans; Beach
that the contractor provides Inspection During Planning
methods to protect existing Construction Division
coastal sage scrub so that
there will be no removal or
disturbance to coastal sage
scrub during tree removal -
activities.
CULTURAL RESOURCES
MM-7 The project applicant shall Prior to Prior to City of
retain an archaeological and Approval of Approval of Newport
paleontological resource Final Plans; Final Plans; Beach
monitor to monitor the During During Planning
project's subsurface areas Construction Construction Division
during land disturbance from
demolition and construction
activities. If any archaeological
or paleontological resources
are discovered,the
archaeological/paleontological
monitor will have the authority
to stop work, assess the
resources found,and
implement a plan for the
September 2016 __.___ 3-6 Mitigation Monitoring and Reporting Program
COYOTE CANYON LANDFILL GAS RECOVERY FACILITY DEMOLITION AND TELECOM UPDATE
Final Initial Study/Mitigated Negative Declaration
removal of the
archaeological/paleontological
resources if deemed
significant.
MM-8 During construction activities, Prior to Prior to City of
the project applicant shall Approval of Approval of Newport
allow representatives of Final Plans; Final Plans; Beach
cultural organizations, During During Planning
including Native American Construction Construction Division
tribes(i.e„ Gabrieleno Band of
Mission Indians—Kizh
Nation),to access the project
site on a volunteer basis to
monitor grading and
excavation activities.
September 2016 3-7 Mitigation Monitoring and Reporting Program
COYOTE CANYON LANDFILL GAS RECOVERY FACILITY DEMOLITION AND TELECOM UPDATE
Final Initial Study/Mitigated Negative Declaration
HAZARDS&HAZARDOUS MATERIALS
MM-9 Fortistar will Complete an Prior to Prior to City of
asbestos abatement plan, Approval of Approval of Newport
pursuant to SCAQMD permit Final Plans; Final Plans; Beach
requirements. The asbestos During During Planning
abatement will be performed Construction Construction Division
by a Cal/OSHA registered
asbestos remediation
company. After the asbestos
is removed from the project
site it will be disposed at an _
approved disposal facility.
MM-10 OC Waste& Recycling will Prior to Prior to City of
remove the non-native trees Approval of Approval of Newport
that currently surround the Final Plans; Final Plans; Beach
project site in order to prevent During During Planning
a potential fire hazard. The Construction Construction Division
existing trees will be replaced
with native trees,with a
dedicated irrigation system,
which will significantly improve
fire safety over existing
conditions.
TRANSPORTATION/TRAFFIC
MM-11 Prior to the initiation of Prior to Prior to City of
demolition activities at the Approval of Approval of Newport
project site, Fortistar, in Final Plans; Final Plans; Beach
consultation with the carriers, During During Planning
will prepare a traffic control Construction Construction Division
plan for demolition and
construction. The traffic
September 2016 _-__._W____. �,_,____..�.� 3-8 Mitigation Monitoring and Reporting Program
COYOTE CANYON LANDFILL GAS RECOVERY FACILITY DEMOLITION AND TELECOM UPDATE
Final Initial Study/Mitigated Negative Declaration
control plan will include the
staggering of truck trips
throughout the day on
Newport Coast Drive, so that
the minimum practicable
number of truck trips will occur
during the a.m. peak period, to
reduce impacts as much as
possible to Sage Hill High
School and both the SR-73 on
and off-ramps at Newport
Coast Drive. --
MM-12 All demolition and construction Prior to Prior to City of
vehicle drivers will be informed Approval of Approval of Newport
that turning right on the red Final Plans; Final Plans; Beach
light at the traffic signal at the During During Planning
intersection of the project site Construction Construction Division
access road and Newport
Coast Drive will be prohibited
for the duration of demolition
and construction activities. A
sign will be posted at the
entrance to the intersection to
remind drivers that they are
prohibited from making a right-
turn at the red light onto
Newport Coast Drive.
September 2016 3-9 Mitigation Monitoring and Reporting Program
COYOTE CANYON LANDFILL GAS RECOVERY FACILITY DEMOLITION AND TELECOM UPDATE
Final Initial Study/Mitigated Negative Declaration
MM-13 For the duration of the Prior to Prior to City of
demolition and construction Approval of Approval of Newport
activities, electronic signage Final Plans; Final Plans; Beach
will be placed near Sage Hill During During Planning
High School to inform drivers Construction Construction Division
regarding the duration of the
demolition and construction
activities and to indicate that
large trucks may be present
for the duration of construction
and demolition activities.
MM-14 Construction spotters with Prior to Prior to City of
walkie-talkies will be assigned Approval of Approval of Newport
on both ends of the project site Final Plans; Final Plans; Beach
access road to guide trucks During During Planning
during project demolition and Construction Construction Division
construction activities. Trucks
will only be able to travel in
one direction on the one lane
paved access road at a time.
Trucks that are waiting to go
up the access road will wait
across the street on the main
canyon landfill property until
the spotter informs them that it
is safe to proceed up the
access road to the project site.
September 2016 3-10 W Mitigation Monitoring and Reporting Program
COYOTE CANYON LANDFILL GAS RECOVERY FACILITY DEMOLITION AND TELECOM UPDATE
Final Initial Study/Mitigated Negative Declaration
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September 2016 M 3-11 � �^ Mitigation Monitoring and Reporting Program
Planning Commission Resolution No. 2025
Pa e14of19
EXHIBIT "C"
CONDITIONS OF APPROVAL
Planning Division
1. The development shall be in substantial conformance with the approved site plan,
equipment plans and elevations stamped and dated with the date of this approval.
(Except as modified by applicable conditions of approval.)
2. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. The telecom facility approved by this permit shall comply with all applicable rules,
regulations, and standards of the Federal Communications Commission (FCC) and the
California Public Utilities Commission (CPUC).
4. Prior to issuance of building permits, the applicants shall submit to the Planning
Division an additional copy of the approved architectural plans for inclusion in the
application file. The plans shall be identical to those approved by all City departments
for building permit issuance. The approved copy shall include architectural sheets only
and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately
depict the elements approved by the Conditional Use Permit and shall highlight the
approved elements such that they are discernible from other elements of the plans.
5. Prior to issuance of building permits, the applicants shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
6. The operator of the telecom facility shall maintain the facility in a manner consistent
with the original approval of the facility and all conditions of approval. Anything not
specifically approved by this permit is not permitted and must be addressed in a
separate and subsequent review.
7. All exposed elements of the facilities including, but not limited to screening, coaxial
cables and appurtenances attached to the faux trees shall be color-matched or painted
to match the tree or surrounding environment to the satisfaction of the Community
Development and Utilities Directors or their respective designees.
8. No portion of the antennas, associated equipment, or mounting structures shall
protrude beyond the "branches".
9. The facility shall match the design, style, color, height, and location of the live trees to
be planted adjacent to it. In no case shall any portion of the faux trees exceed 65 feet
from existing grade wherever the structure is being placed.
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Planning Commission Resolution No. 2025
Page 15 of 19
10. The applicants shall continually maintain the wireless telecom facility so that it retains
its original appearance at the time the building permit is finaled by the City of Newport
Beach.
11. On an annual basis, the applicants shall conduct maintenance inspections of the
wireless telecom facility, including the monopole, equipment enclosure areas and
walls, landscape screening, and irrigation systems, and make all necessary repairs.
The Community Development Director may require additional inspections and/or
maintenance activities at his/her discretion.
12. The applicants shall keep, at all times, all "branches," "leaves," and "bark of the
proposed monopole in good repair and appearance. If any part of the monopole is
broken, missing, deteriorated, or otherwise in disrepair (as determined by the
Community Development Director), the City shall provide written notification to the
applicants with specific conditions and items to be repaired or replaced. The applicants
shall address the request and complete the repairs and/or replacements within thirty
(30) days of receipt of written notification from the City. The Community Development
Director has the authority to extend the thirty (30) day time period in the event that
more time is required in order for the applicants to perform repairs or replacements.
13. Additional landscaping shall be planted near the telecom facility to screen the facility
from view and be maintained in a viable condition, as depicted in the approved
landscape plan, with final selection of plants to be approved by the Community
Development Director.
14. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the Newport Beach Municipal
Code. The maximum noise shall be limited to no more than depicted below for the
specified time periods unless the ambient noise level is higher.
Between the hours of 7:OOAM Between the hours of
and 10:OOPM 10:OOPM and 7:OOAM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within 45dBA 60dBA 45dBA 50dBA
100 feet of a commercial ro ert
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
15. The applicants shall not prevent the City of Newport Beach from having adequate
spectrum capacity on the City's 800 MHz radio frequencies at any time. Should
interference with the City's Public Safety radio equipment occur, use of the telecom
facility authorized by this permit may be suspended until the radio frequency
interference is corrected and verification of the compliance is reported.
16. The facility shall transmit at the approved frequency ranges established by the FCC.
The applicants shall inform the City, in writing, of any proposed changes to the
05-26-2016
Planning Commission Resolution No. 2025
Pa e16of19
frequency range in order to prevent interference with the City's Public Safety radio
equipment.
17. The applicants recognize that the frequencies used by the facility are extremely close
to the frequencies used by the City of Newport Beach for public safety. This proximity
will require extraordinary "comprehensive advanced planning and frequency
coordination" engineering measures to prevent interference, especially in the choice of
frequencies and radio ancillary hardware. This is encouraged in the "Best Practices
Guide" published by the Association of Public-Safety Communications Officials-
International, Inc. (APCO), and as endorsed by the Federal Communications
Commission (FCC).
18. The applicants shall provide a "single point of contact" in its Engineering and
Maintenance Departments that is monitored 24 hours per day to ensure continuity on
all interference issues, and to which interference problems may be reported. The
name, telephone number, fax number, and e-mail address of that person shall be
provided to the Community Development Department and Newport Beach Police
Department's Support Services Commander prior to activation of the facility.
19. Appropriate information warning signs or plates shall be posted at the access locations
and each transmitting antenna. In addition, contact information (e.g., a telephone
number) shall be provided on the warning signs or plates. The location of the
information warning signs or plates shall be depicted on the plans submitted for
construction permits.
20. No advertising signage or identifying logos shall be displayed on the telecom facility
except for small identification, address, warning, and similar information plates. A
detail of the information plates depicting the language on the plate shall be included in
the plans submitted for issuance of building permits.
21. The telecom facility shall not be lighted except as deemed necessary by the Newport
Beach Police Department for security lighting. The night lighting shall be at the lowest
intensity necessary for that purpose and such lighting shall be shielded so that direct
rays do not shine on nearby properties. Prior to the final of building permits, the
applicants shall schedule an evening inspection with the Code Enforcement Division to
confirm compliance with this condition.
22. At all times, the operators shall ensure that its telecom facilities comply with the most
current regulatory operations standards, and radio frequency emissions standards
adopted by the FCC. The operator shall be responsible for obtaining and maintaining
the most current information from the FCC regarding allowable radio frequency
emissions and all other applicable regulations and standards. Said information shall be
made available by the operator upon request at the discretion of the Community
Development Director.
23. Any operator who intends to abandon or discontinue use of a telecom facility must
notify the Planning Division by certified mail no less than thirty (30) days prior to such
05-26-2016
Planning Commission Resolution No. 2025
Page 17 of 19
action. The operator or property owner shall have ninety (90) days from the date of
abandonment or discontinuance to reactivate use of the facility, transfer the rights to
use the facility to another operator, or remove the telecom facility and restore the site.
24. The City reserves the right and jurisdiction to review and modify any telecom permit
approved pursuant to Chapter 20.49 of the Newport Beach Municipal Code, including
the conditions of approval, based on changed circumstances. The operator shall notify
the Planning Division of any proposal to change the height or size of the facility;
increase the size, shape, or number of antennas; change the facility's color, materials,
or location on the site; or increase the signal output above the maximum permissible
exposure (MPE) limits imposed by the radio frequency emissions guidelines of the
FCC. Any changed circumstance shall require the operator to apply for a modification
of the original telecom permit and obtain the modified permit prior to implementing any
change.
25. This Conditional Use Permit may be modified or revoked by the Planning Commission
should they determine that the facility or operator has violated any law regulating the
telecom facility or has failed to comply with the requirements of Chapter 20.49 of the
Newport Beach Municipal Code (NBMC), or this permit.
26. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved
in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach
Municipal Code.
27. A copy of the Resolution, including conditions of approval Exhibit "A" shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
28. To the fullest extent permitted by law, applicants shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers, employees,
and agents from and against any and all claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of the Coyote Canyon Gas Recovery Facility Demolition
and Telecom Update including, but not limited to Conditional Use Permit No. UP2016-
024 and Limited Term Permit No. XP2016-007 (PA2016-091). This indemnification shall
include, but not be limited to, damages awarded against the City, if any, costs of suit,
attorneys' fees, and other expenses incurred in connection with such claim, action,
causes of action, suit or proceeding whether incurred by applicants, City, and/or the
parties initiating or bringing such proceeding. The applicant shall indemnify the City for
all of City's costs, attorneys' fees, and damages which City incurs in enforcing the
indemnification provisions set forth in this condition. The applicants shall pay to the City
upon demand any amount owed to the City pursuant to the indemnification requirements
prescribed in this condition.
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Planning Commission Resolution No. 2025
Page 18 of 19
Fire Department
29. Prior to the issuance of building permits, fire plan review will be required for all
components of the telecommunications installation.
30. Generators must be listed as per California Fire Code Section 604.1.1. Provide
manufacturers specification for the generator. Specifications must include fuel capacity
and recommended foundation/generator pad.
31. Prior to the issuance of building permits, the project plans shall be revised to indicate
the battery electrolyte capacity and number of proposed batteries for each cabinet.
The storage of batteries must comply with California Fire Code Section 608, Stationary
Storage Battery Systems.
32. Prior to the issuance of building permits, manufacturer specifications shall be provided
for the generator. The specifications should include fuel tank capacity.
33. Prior to the issuance of building permits, the project plans shall be revised to provide a
fire extinguisher with a minimum size of 2A 20BC within 30 feet of the generator.
Building Division
34. The applicants are required to obtain all applicable permits from the City's Building
Division and Fire Department. The construction plans must comply with the most recent,
City-adopted version of the California Building Code. The construction plans must meet
all applicable State Disabilities Access requirements.
35. The applicants shall employ the following best available control measures ("BACMs")
to reduce construction-related air quality impacts:
Dust Control
• Water all active construction areas at least twice daily.
• Cover all haul trucks or maintain at least two feet of freeboard.
• Pave or apply water four times daily to all unpaved parking or staging areas.
• Sweep or wash any site access points within two hours of any visible dirt deposits
on any public roadway.
• Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty
material.
• Suspend all operations on any unpaved surface if winds exceed 25 mph.
Emissions
• Require 90-day low-NOx tune-ups for off road equipment.
• Limit allowable idling to 30 minutes for tracks and heavy equipment
Off-Site Impacts
• Encourage carpooling for construction workers.
• Limit lane closures to off-peak travel periods.
• Park construction vehicles off traveled roadways.
• Wet down or cover dirt hauled off-site.
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Planning Commission Resolution No. 2025
Pa e19of19
• Sweep access points daily.
• Encourage receipt of materials during non-peak traffic hours.
• Sandbag construction sites for erosion control.
Fill Placement
• The number and type of equipment for dirt pushing will be limited on any day to
ensure that SCAQMD significance thresholds are not exceeded.
• Maintain and utilize a continuous water application system during earth
placement and compaction to achieve a 10 percent soil moisture content in the
top six-inch surface layer, subject to review/discretion of the geotechnical
engineer.
Public Works Department
36. If any of the existing public improvements surrounding the site are damaged by the
private work, new concrete sidewalk, curb and gutter, street pavement, and other
public improvements will be required by the City at the time of private construction
completion. Said determination and the extent of the repair work shall be made at the
discretion of the Public Works Inspector.
37. The storage of all project related equipment during construction shall be on-site and
outside the public right-of-way.
38. All work in the public right-of-way shall follow Newport Beach Municipal Code Chapter
13.20.
39. An approved encroachment permit is required for all work activities within the City's
public right-of-way.
40. Prior to commencement of demolition and grading of the oroiect the applicants shall
submit a construction management and delivery plan to be reviewed and approved by
the Public Works Department. The plan shall include discussion of project phasing;
parking arrangements for both sites during construction; anticipated haul routes and
construction mitigation. Upon approval of the plan, the applicants shall be responsible
for implementing and complying with the stipulations set forth in the approved plan.
41. Traffic control and truck route plans shall be reviewed and approved by the Public
Works Department before their implementation. Large construction vehicles shall not
be permitted to travel narrow streets as determined by the Public Works Department.
Disruption caused by construction work along roadways and by movement of
construction vehicles shall be minimized by proper use of traffic control equipment and
flagman.
05-26-2016