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HomeMy WebLinkAbout3.0_Verizon Eastbluff Monopole Telecom_PA2017-256CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT September 13, 2018 Agenda Item No. 3 SUBJECT: Verizon Eastbluff Monopole Telecom (PA2017-256) Conditional Use Permit No. UP2017-035 SITE LOCATION: 2545 Eastbluff Drive APPLICANT: Verizon Wireless OWNER: Irvine Company PLANNER: Benjamin M. Zdeba, AICP, Associate Planner 949-644-3253, bzdeba@newportbeachca.gov PROJECT SUMMARY The applicant requests a conditional use permit to construct a new wireless telecommunications facility at the rear of the Eastbluff Village Center. The proposed facility includes a 47-foot-tall slimline monopole that is three feet in diameter to accommodate three sectors of panel antennas for Verizon Wireless. As propose d, the supporting equipment for the facility will be located on top of a replacement trash enclosure. Due to the installation type (i.e., freestanding), the proposed facility requires Planning Commission review. RECOMMENDATION 1)Conduct a public hearing; 2)Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, because it has no potential to have a significan t effect on the environment; and 3)Adopt Resolution No. PC2018-027 approving Conditional Use Permit No. UP2017- 035 (Attachment No. PC 1). 1 INTENTIONALLY BLANK PAGE2 VICINITY MAP GENERAL PLAN ZONING LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE Neighborhood Commercial (CN) Commercial Neighborhood (CN) Eastbluff Village Center NORTH Parks and Recreation (PR) Newport Tennis Club (PC-49) Newport Beach Tennis Club SOUTH Open Space (OS) and Single-Unit Residential Attached (RS-A) Open Space (OS) and Single- Unit Residential (R-1) Single-family residential dwellings EAST Single-Unit Residential Detached (RS-D) Single-Unit Residential (R-1- 6,000) Single-family residential dwellings WEST OS OS Greenbelt and maintenance facility Location 3 INTRODUCTION Project Setting The site is the Eastbluff Village Center, a neighborhood-serving commercial shopping center developed on a 6.9-acre property. It abuts Eastbluff Drive to the east, Vista del Sol to the south and Vista del Oro to the west. To the immediate north is the North Bluff Park Community Association maintenance yard and the Newport Beach Tennis Club beyond. A large surface parking area containing approximately 333 parking spaces occupies most of the property with three standalone commercial pad buildings at the southern end and an “L”-shaped row of tenant spaces at the northern end. The proposed wireless telecommunications facility (telecom facility) would be located behind the northern row of tenant spaces within the supporting “back-of-house” area for the center. This area currently accommodates trash enclosures, delivery and service access points, as well as larger mechanical equipment. Parking in this location is reserved for employees only. Immediately beyond to the north is a maintenance yard that services the North Bluff Park Community Association. Project Description The application is a request to construct one slimline monopole (i.e., antennas located within a single pole) and a new supporting equipment enclosure. The monopole will support and conceal panel antennas for Verizon Wireless (Verizon) within its exterior steel walls. As proposed, the monopole would be 47 feet tall and 36 inches in diameter. The monopole will be painted a neutral off-white color to blend with existing commercial buildings. Supporting equipment would be located immediately adjacent to the monopole behind six- foot, six-inch high masonry walls on top of a trash enclosure that will be replaced and improved as part of the project. The 232-square-foot equipment enclosure will be treated with the same architectural materials and colors as existing buildings. Verizon’s equipment would consist of two equipment cabinets, twelve remote radio units (RRU’s), two raycaps, and one diesel standby generator. The overall height of the enclosure would be 16 feet, 8 inches from existing finish grade. A copy of the site plan and elevations depicting the proposed project are provided in Attachment No. PC 3. Photographic visual simulations of the facility from eleven different vantage points depicting the existing and proposed conditions at the site have been prepared by the applicant and are included as Attachments No. PC 4. Staff has analyzed the stated coverage needs of Verizon Wireless. The additional system capacity1 will address service gaps that occur during regular and high demand periods. It will also benefit the community by enhancing the existing coverage and capacity to 1 A measurement of the maximum amount of data that may be transferred over a network. In essence, increased capacity allows for more data to be transferred between customers resulting in higher speeds. 4 increase the voice and data system already in use by its customers. Two Radio Frequency (RF) coverage maps are excerpted in Figure 1 with the full exhibit included as Attachment No. PC 5. The facility will also allow opportunities for future improvement s as technology advances that may lead to improved service. Figure 1, Verizon coverage without the project (left) and Verizon Coverage with the project (right). “Good” coverage is depicted in green. DISCUSSION Consistency with Land Use Plan and Zoning Code The project site is designated as Neighborhood Commercial (CN) by the Land Use Element of the General Plan and is zoned Commercial Neighborhood (CN). The CN designation is intended to provide for a limited range of retail and service uses developed in one or more distinct centers oriented to primarily serve the needs of and maintain compatibility with residential uses in the immediate area. The existing neighborhood- commercial shopping center is consistent with this designation. The proposed telecom facility is accessory to the existing development providing wireless telecommunications services to the neighborhood’s employees, visitors, and nearby residents. Facility Location and Design Wireless telecommunication facilities are regulated by Newport Beach Municipal Code (NBMC) Chapter 20.49 (Wireless Telecommunication Facilities). Planning Commission review and approval is required for installation of new freestanding s tructure installations. Section 20.49.040 (Telecom Facility Preferences and Prohibited Locations) provides five location classes in priority order that are listed below: 1.Collocation of a new facility. 2.Class 1 (Stealth/Screened) Installations. 3.Class 2 (Visible) Installations. 4.Class 3 (Public Right-of-Way) Installations. 5 5.Class 4 (Freestanding Structure) Installations. The proposed monopole is classified as a Class 4 (Freestanding Structure). The applicant determined that higher priority locations (location classes 1 through 3) are not feasible for this project as discussed below. Pursuant to Section 20.49.030 (Definitions), “feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account environmental, physical, legal and technological factors. The applicant explains in the project description and justification (Attachment No. PC 7) that the proposed Class 4 facility is the most feasible option for this location. The area is difficult for Verizon to service because of the limited opportunities in the area to construct telecom facilities. A significant amount of the target area is zoned for single -family residential where Chapter 20.49 precludes telecom facilities. Verizon’s radio frequency engineers determined that additional system capacity is needed within the project’s vicinity and that no collocation opportunities exist within 1,000 feet of the search area. A Class 1 (Stealth/Screened) building installation at this location would exceed the maximum height allowed for buildings while adding additional bulk. Installation of the antennas onto building façades would yield antenna heights that are too low resulting in signals being blocked. Rooftop designs within the shopping center were pursued; however, the landowner would not allow the applicant to add equipment to the existing taller rooftop area. Consideration was also given to an installation atop the existing commercial building at the south end of the shopping center located at 2503 Eastbluff Drive, which is already occupied by multiple carriers. The applicant determined collocation was not feasible, as there is insufficient space to accommodate another carrier. Most other commercial buildings within the applicant’s search area are single- story and would not allow the height necessary to establish a telecom facility. A Class 2 (Visible) roof-mounted building installation would not provide adequate coverage for the area and would aesthetically detract from the buildings. Installation of the antennas onto building façades would also yield antenna heights that are too low resulting in inadequate signal propagation. A Class 3 (Public Right-of-Way) opportunities were considered; however, the applicant indicated that antennas installed on street lights would be too low in height to meet the coverage objective, would require substantial structural work or pole replacement, and would not accommodate the needed number of antennas to m eet system requirements. Maximum Height Limit The base height limit for the subject property is 32 feet as specified in Table 2-7 of NBMC Section 20.20.030 (Commercial Zoning Districts General Development Standards). The property also falls within the Nonresidential, Nonshoreline Height Limit Area, which allows structures up to 50 feet. NBMC Subsection 20.49.050(C) (Height) allows a telecom facility 6 up to the maximum height limit for the zoning district in which it is located. The proposed monopole would be 47 feet tall and will comply with the maximum height limit of 50 feet. In order to blend into the existing development, the proposed monopole is located approximately 355 feet west of Eastbluff Drive and approximately 500 feet north of Vista del Sol toward the rear portion of the site in the northwestern corner. It will be situated behind the larger anchor tenant building presently occupied by Ralph’s and would further be surrounded by accessory structures, tennis courts, and foliage. The monopole will be briefly visible from Eastbluff Drive through the tree canopy, as well as at the northern shopping center driveway (see Views 1 and 2 of Attachment No. PC 4). It will also be visible through the tree canopy, from Vista del Oro, and the uppermost portion may be seen from the private greenbelt area (see Views 4 and 6 of Attachment No. PC 4). However, due to the distance, location, color, and the existing and proposed foliage surrounding the site, the monopole will not be visually prominent nor should it attract visual attention from passersby along Eastbluff Drive. The support equipment would be adjacent to the monopole behind masonry walls atop the new and improved trash enclosure. The new enclosure will be constructed with the same architectural materials and colors as existing buildings on-site and it will be screened by the existing shopping center buildings. The 47-foot height will provide an opportunity for the carrier to enhance coverage and improve capacity for the nearby roadways and residential and commercial neighborhoods. Given that signal propagation follows a line-of-site pattern, a proposal at a lower elevation would result in a signal blockage in several directions by the existing adjacent commercial building that is approximately 29 feet tall. In addition, RF coverage maps have been prepared by the applicant to demonstrate a facility complying with the base height limit of 32 feet (see Attachment No. PC 6). The reduced coverage of a 32- foot tall facility does not meet Verizon’s network or business objectives. New Facility Collocation Section 20.49.050 (General Development and Design Standards) Subsection E (Design Techniques) emphasize that to the greatest extent practicable, new Class 4 facilities shall be designed and sited to facilitate the collocation of one additional telecom oper ator. Given the height limit, collocating two carriers’ antennas within one monopole structure is not feasible. The applicant has indicated it is Verizon’s policy to allow collocation on or near all its facilities. There may be future collocation opportuni ties at this site; however, said opportunities would likely require construction of an additional slimline monopole structure thereby necessitating Planning Commission review. Wireless Telecommunication Facility Required Findings Pursuant to Section 20.52.020.F (Findings and Decision) of the Newport Beach Municipal Code, the Planning Commission must make the following findings in order to approve a conditional use permit: 7 1.The use is consistent with the General Plan and any applicable Specific Plan; 2.The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; 3.The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 4.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; and 5.Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or 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. The proposed wireless telecommunications facility is compatible with the commercial uses permitted under the CN land use. The proposed telecom facility is considered an ancillary structure that is accessory to the primary uses and the proposed facility is not considered a prohibited location under Section 20.49.040 (Telecom Facility Preferences and Prohibited Locations). The project consists of antennas screened within one slimline monopole structure that will be painted a neutral off-white color to help blend with the existing buildings in the area. Adequate circulation is provided through the site and adverse aesthetic, sound, or odor impacts are not anticipated. The additional system capacity will address service gaps that occur during high demand periods as well as service gaps that exist at all demand periods as depicted in the RF co verage maps (Attachment No. PC 5). Staff feels each of these findings can been made and facts in support are provided in the attached resolution for project approval (Attachment PC 1). Pursuant to Section 20.49.060 (Permit Review Procedures) Subsection H (Required Findings for Telecom Facilities) of the Zoning Code, the applicant seeking approval for a telecommunications facility must show to the satisfaction of the Planning Commission that: a.The proposed telecom facility is visually compatible with the surrounding neighborhood. b.The proposed telecom facility complies with height, location and design standards, as provided for in this chapter. c.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. 8 d.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. Section 20.49.050 (General Development and Design Standards) requires proposed freestanding antennas to be visually compatible with surrounding buildings and vegetation. In reviewing this application, the Planning Commission shall consider the blending, screening, and size of the proposed facility. The facility has been designed to visually blend into the neighborhood-shopping center. The center consists of buildings that match architecturally with their color, finish, reveal patterns, and roof structures, and share a common parking lot that is heavily landscaped with trees and shrubs. At the re quest of the property owner, Irvine Company, the proposed monopole will be painted a neutral off- white color that blends into many background contexts, in cluding the surrounding buildings. The equipment enclosure has been designed with smooth stucco finish and will be painted to match the color of adjacent buildings to complement the architecture. The existing shopping center screens the proposed equipment enclosure. The requested height will blend with the existing heights of structures and landscaping in the area and will not impede public views or have a negative visual impact on nearby property owners, residents, and businesses. The site is located in a neighborhood- commercial shopping center with residential districts and public park facilities nearby; however, the facility has been situated such that it is tucked away from these uses. The closest residential use is located approximately 300 feet west and the closest public park is located approximately 475 feet to the west of the project. These uses are buffered by a greenbelt, Vista del Oro, intervening maintenance yard buildings, landscaped parkways, and parking lot improvements. The design of the proposed monopole is intended to minimize its visibility to surrounding development, as well as to pedestrians and vehicle traffic on Vista del Oro and Eastbluff Drive. The applicant has determined that higher priority locations (location classes 1 -3) are not feasible for this project, and staff agrees. Building mounted facilities such as Class 1 and Class 2 installations would not provide sufficient coverage. A Class 3 right-of-way installation could not accommodate sufficient antenna capacity for the amou nt of coverage needed in the area. Due to the need to propagate signals above the adjacent 29-foot-high building, the applicant is restricted to designing the facility at this location as a freestanding installation. In conclusion, staff believes the facility is appropriately designed and located for compatibility with the surrounding visual environment. Draft findings for project approval are provided in the attached resolution (Attachment PC1). 9 Summary and Alternatives Staff believes that the findings for approval can be made for the proposed project as recommended. The facts in support of the required findings are presented in the draft resolution (Attachment No. PC 1). However, the following alternatives are available to the Planning Commission: 1.The Planning Commission may suggest specific changes that are necessary to alleviate any concerns such as the project height, resulting in abrupt changes in scale, blending, screening, size or project compatibility with the area. If any additional requested changes are substantial, the item could be continued to a future meeting. Should the Planning Commission choose to do so, staff will return once the applicant has had an opportunity to revise the project accordingly with a revised resolution incorporating new findings and/or conditions. 2.If the Planning Commission believes that there are insufficient facts to support the proposed telecommunications facility, the Commission may deny the application in the attached draft resolution for denial (Attachment No. PC 2). Environmental Review Staff recommends the Planning Commission find the project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, as it has no potential to have a significant environmental effect. Class 3 exempts construction of limited numbers of new small facilities or structures, and installation of small new equipment and facilities in small structures. In this case, the proposed project involves the installation of one 47-foot-tall slimline monopole to encase a total of six, eight-foot-tall antennas. The proposed telecom facilities support equipment will be located atop a reconstructed trash enclosure with a footprint of 232 square feet. The equipment will be screened behind walls that will be architecturally compatible with the exisitng building to screen and blend the facility. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location at the rear of a developed shopping center does not impact an environmental resource of significance or critical concern. Project approval does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. Lastly, the no public views through the site are present and therefore the project will have no impact to public views. 10 Public Notice Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of-way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: _____________________ Benjamin M. Zdeba, AICP Associate Planner ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Draft Resolution for Denial PC 3 Project Plans PC 4 Photographic Visual Simulations PC 5 RF Coverage Maps at 47 Feet Tall PC 6 RF Coverage Maps at 32 Feet Tall PC 7 Applicant’s Description and Justification \\cnb.lcl\data\Users\PLN\Shared\PA's\PAs - 2017\PA2017-256\PC09062018\PA2017-256 PC09062018_SR.docx 01/12/18 11 INTENTIONALLY BLANK PAGE12 Attachment No. PC 1 Draft Resolution with Findings and Conditions 13 INTENTIONALLY BLANK PAGE14 RESOLUTION NO. PC2018-027 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. UP2017-035 AUTHORIZING THE CONSTRUCTION OF ONE MONOPOLE AND A 232-SQUARE- FOOT SUPPORTING EQUIPMENT ENCLOSURE FOR A NEW WIRELESS TELECOMMUNICATIONS FACILITY LOCATED AT 2545 EASTBLUFF DRIVE (PA2017-256) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1.An application was filed by Verizon Wireless (“Applicant”), with respect to property located at 2545 Eastbluff Drive, and legally described as Parcels 1 and 2 as shown on Exhibit B1 attached to Lot Line Adjustment N.B.L.L.A. No. 98-14, recorded March 23, 1999 as Instrument No. 19990211252 of Official Records of Orange County (“Property”), requesting approval of a conditional use permit. 2.The Applicant proposes to construct a new wireless telecommunications facility (“telecom facility” or “facility”) at the rear of the Eastbluff Village Center (“Project”). The proposed facility includes a forty-seven (47) foot-tall slimline monopole that is three (3) feet in diameter to accommodate three (3) sectors of panel antennas for Verizon Wireless. As proposed, the supporting equipment will be located on top of a replacement trash enclosure. 3.The Property is designated Neighborhood Commercial (“CN”) by the General Plan Land Use Element and is located within the Commercial Neighborhood (“CN”) Zoning District. 4.The Property is not located within the coastal zone. 5.The Property is located within the Nonresidential, Nonshoreline Height Limit Area, which limits the maximum height of structures to fifty (50) feet. At forty-seven (47) feet tall, the proposed facility falls within this limitation. 6.A public hearing was held on September 13, 2018, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (“NBMC”). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1.The Project has been determined to be categorically exempt pursuant to the State California Environmental Quality Act (“CEQA”) Guidelines under Class 3 (New Construction or Conversion of Small Structures). Class 3 allows construction of new, small facilities or structures and installation of small new equipment and facilities in small structures. 15 Examples of this exemption include up to four commercial buildings totaling 10,000 square feet and accessory structures. 2.In this case, the Project involves the installation of one, forty-seven (47) foot-tall slimline monopole to encase a total of six (6), eight-foot-tall (8’) antennas. The proposed telecom facilities support equipment will be located atop a reconstructed trash enclosure with a footprint of 232 square feet. The equipment will be screened behind walls that will be architecturally compatible with the exisitng building to screen and blend the facility. 3.The exceptions to this exemption under Section 1 5300.2 are not applicable. The Project does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Subsection 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 Property is located within the CN land use designation in the Land Use Element of the General Plan. The CN designation is intended to provide for a limited range of retail and service uses developed in one (1) or more distinct centers oriented to primarily serve the needs of and maintain compatibility with residential uses in the immediate area. The existing neighborhood-commercial shopping center is consistent with this designation. The proposed telecom facility is accessory to the existing development providing wireless telecommunications services to the neighborhood’s employees, visitors, and residents. 2.The Property 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 Property is located within the CN Zoning District. This area is intended to provide for a limited range of retail and service uses developed in one or more distinct centers oriented to primarily serve the needs of and maintain compatibility with residential uses i n the immediate area. The existing neighborhood-commercial shopping center is explicitly 16 consistent with this designation. The proposed telecom facility is considered an ancillary structure that is accessory to the primary commercial uses. 2.Wireless telecommunications facilities are regulated by NBMC Chapter 20.49 (Wireless Telecommunications Facilities), which identifies freestanding wireless telecommunications facilities as a Class 4 (Freestanding Structure) installation and permissible subject to the approval of a conditional use permit. NBMC Subsection 20.49.040(B) (Telecom Facility Preferences and Prohibited Locations) lists certain prohibited locations and the proposed facility is not a prohibited location. 3.NBMC Subsection 20.49.040(A) (Preferred Locations) 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), Class 3 (Public Right-of-Way); and (4) Class 4 (Freestanding Structure). Although lower on the listing of priority facilities, the proposed facility consists of one (1) slimline monopole that is designed to not visually dominate the surrounding area and instead to blend into the existing shopping center. See Facts in Support of Finding I below. 4.The proposed telecom facility will comply with applicable requirements of the NBMC with construction as shown on the plans and implementation of the conditions of approval. 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 telecom facility would be located behind the northern row of tenant spaces within the supporting “back-of-house” area for the center. This area currently houses trash enclosures, delivery and service access points, as well as larger mechanical equipment. Parking in this location is reserved for employees only. The project is located and designed to provide adequate circulation and adequate parking pursuant to the Zoning Code is maintained for the shopping center. Immediately beyond to the north is a maintenance yard that services the North Bluff Park Community Association. 2.Supporting equipment would be located immediately adjacent to the monopole behind six- foot six-inch (6’-6”) high masonry walls on top of a trash enclosure that will be replaced and improved as part of the project. The 232-square-foot equipment enclosure will be treated with a smooth stucco finish and will be painted the same color as existing buildings on-site. 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 proposed telecom facility will enhance coverage and capacity for residents, vi sitors and businesses in the neighborhood by providing wireless access to voice and data 17 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 use will not change this. 2.The proposed telecom facility will be unmanned and will have no impact on the circulation system and adjacent land uses due to its location outside of existing vehicle or pedestrian circulation areas. 3.The Public Works Department, Building Division, Police Department, and Fire Department have reviewed the project proposal and do not have any concern s regarding access, public services, or utilities provided to the existing neighborhood and surrounding area. 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 telecom facility will only require periodic maintenance and will not generate any type of significant adverse impacts to the environment, such as noise, odor, smoke, etc. 2.The proposed telecom facility must and 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. 3.The proposed telecom facility will be effectively blended based upon the design and location with the incorporation of the conditions of approval. As a result, the proposed telecom facility at this location will not result in conditions that are materially detrimental to nearby property owners, residents, and businesses, nor to public health or safe ty. 18 Wireless Telecommunications Facility General Findings In accordance with NBMC Subsection 20.49.060(H)(1) (General Findings for Telecom Facilities), 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 telecom facility has been designed to visually blend into the neighborhood-shopping center. The center consists of buildings that match architecturally with their color, finish, reveal patterns, and roof structures, and share a common parking lot that is heavily landscaped with trees and shrubs. The proposed monopole will be painted a neutral off - white color that blends into many background contexts, including the surrounding buildings. The equipment enclosures are designed with materials to mimic the color and finish of the adjacent buildings to complement the adjacent architecture. 2.The closest residential use is located approximately 300 feet west and the closest public park is located approximately 475 feet to the west of the project. These uses are buffered by a greenbelt, Vista del Oro, intervening maintenance yard buildings, landscaped parkways, and parking lot improvements. The design of the proposed monopole is intended to minimize its visibility to surrounding development, as well as to pedestrians and vehicle traffic on Vista del Oro and Eastbluff Drive. 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 forty-seven (47) foot-tall monopole would comply with the maximum height limit of fifty (50) feet for structures located within the Nonresidential, Nonshoreline Height Limit Area. 2.The monopole will support and conceal panel antennas for one (1) telecom carrier within the structure’s exterior steel walls. The monopole will be painted a neutral off-white to blend with the existing buildings. 3.The location of the proposed facility is within the supporting area for an existing neighborhood-commercial shopping center where adverse impacts to surrounding land uses are minimized to the greatest extend feasible. 19 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. Facts in Support of Finding: 1.The site is located in a commercial development away from residential districts and public park facilities. The closest residential use is located approximately 300 feet west and the closest public park is located approximately 475 feet to the west of the project. These uses are buffered by a greenbelt, Vista del Oro, intervening maintenance yard buildings, landscaped parkways, and parking lot improvements. 2.The application includes documentation indicating the need to provide and improve coverage to the residential and commercial areas in the Eastbluff neighborhood . Moreover, the additional system capacity provided by the proposed facility will address service gaps that occur during high demand periods, as well as service gaps that exist at all demand periods to the surrounding area. The proposed forty-seven (47) foot-high monopole, given the location of the antennas, is essential for the Applicant to meet its coverage objectives and improve coverage to nearby areas that are currently marginal. 3.Based upon the application, the site is viable in balancing needs for radio frequency (“RF”) coverage and capacity, while keeping a significant distance from single-family residential areas. 4.The area is difficult for the Applicant to service because of the limited opportunities in the area to construct telecom facilities. A significant amount of the target area is zoned for single-family residential where the Zoning Ordinance precludes telecom facilities. 5.The Applicant’s radio frequency engineers determined that additional system capacity is needed within the project’s intended service area and that no collocation opportunities exist within 1,000 feet of the search area. Additionally, lower antenna heights would not meet the Applicant’s network or business objectives. Finding: I.An alternative plan that would result in a higher preference facility class cat egory for the proposed facility is not available or reasonably feasible and desirable under the circumstances. Facts in Support of Finding: 1.Alternative location designs were considered identifying higher priority locations, which included public right-of-ways, collocations, roof mount and building facade locations, existing commercial signs, and a new false tree. 20 2.Rooftop designs within the shopping center were pursued; however, the landowner did not allow the Applicant to locate equipment atop the existing taller roof areas. Consideration was also given to an installation atop the existing commercial building at the south end of the shopping center located at 2503 Eastbluff Drive, which is already occupied by multiple carriers. The Applicant determined collocation was not feasible, as there is insufficient space to accommodate another carrier. 3.Most other commercial buildings within the Applicant’s search area are single-story and would not allow the height necessary to establish a telecom facility meeting the Applicant’s network or business objectives. The height of the roof-mounted antennas would have resulted in additional bulk. Installation of the antennas onto building façades would yield antenna heights too low resulting in sign als being blocked. 4.Public right-of-way opportunities were considered; however, the RF engineer determined that antennas installed on streetlights would be too low in height to meet the coverage objective, would require substantial structural work or pole replacement, and could not accommodate the needed number of antennas to meet system requirements. 5.Installing the monopole at an alternative location could result in negative visual and aesthetic impacts on nearby property owners, residents, and business owners. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1.The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2017-035, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 2.This action shall become final and effective 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 NBMC Title 20 Planning and Zoning. PASSED, APPROVED, AND ADOPTED THIS 13TH DAY OF SEPTEMBER, 2018. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Peter Zak, Chairman 21 BY:_________________________ Bill Dunlap, Secretary 22 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. The development shall be in substantial conformance with the approved plot plan, antenna and equipment plans, elevations, landscape plans, and photographic simulations, except as noted in the following conditions. 2. 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”). 3. The telecom facility approved by the permit shall comply with any easements, covenants, conditions, or restrictions on the underlying real property upon which the facility is located. 4. Anything not specifically approved by this permit is not permitted and must be addressed in a separate and subsequent Telecom Permit review. 5. The monopole approved by this permit shall not exceed forty-seven (47) feet in height from existing grade (maximum elevation height of 148.04 feet above mean sea level using the North American Vertical Datum of 1988 (NAVD88)). A Height Certification Inspection shall be required prior to final of building permits. 6. The Applicant 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. 7. On an annual basis, the Applicant shall conduct maintenance inspections of the wireless telecom facility, including the monopole, equipment enclosure areas and walls, and make all necessary repairs. The Community Development Director may require additional inspections and/or maintenance activities at his/her discretion 8. The Applicant shall not prevent the City of Newport Beach from having adequate spectrum capacity on the City’s 800 MHz radio frequencies at any time. 9. The facility shall transmit at the approved frequency ranges established by the FCC. The Applicant shall inform the City in writing of any proposed changes to the frequency range in order to prevent interference with the City’s Public Safety radio equipment. 10. 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. 11. The Applicant recognizes that the frequencies used by the cellular facility located at 2545 Eastbluff Drive are extremely close to the frequencies used by the City of Newport Beach 23 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 FCC. 12. The Applicant shall provide a “single point of contact” for both carriers in its Engineering and Maintenance Departments that is monitored twenty-four (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. If the point of contact changes, the City shall be alerted and updated immediately. 13. 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. 14. 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. 15. 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 dir ect rays do not shine on nearby properties. Prior to the final of building permits, the Applicant shall schedule an evening inspection by the Code Enforcement Division to confirm compliance with this condition. 16. The operator of the telecom facility shall maintain the facility in a manner consistent with the original approval of the facility. 17. At all times, the operator for Verizon Wireless shall ensure that its telecom facility complies with the most current regulatory, operations standards, and radio frequ ency 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. 18. Prior to final of building permits, the Applicant shall schedule an inspection by the Planning Division to ensure materials and colors match existing architecture as illustrated in the approved photographic simulations and in conformance with Municipal Code Section 20.49.050. 24 19. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the Applicant, current property owner, or leasing agent. 20. The Applicant shall ensure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of the Applicant to comply. 21. Any operator who intends to abandon or discontinue use of a telecom facili ty must notify the Planning Division by certified mail no less than thirty (30) days prior to such 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. 22. The City reserves the right and jurisdiction to review and modify any permit approved pursuant to NBMC Chapter 20.49, 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 or 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 telecom permit prior to implementing any change. 23. This permit may be modified or revoked by the Planning Commission or City Council, as applicable, 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 NBMC Chapter 20.49 or this approval. 24. Conditional Use Permit No. UP2017-035 shall expire unless exercised within 24 months from the date of approval as specified in NBMC Section 20.54.060, unless an extension is otherwise granted. 25. Prior to the issuance of a building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 26. Construction activities shall comply with NBMC Section 10.28.040, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday and 8 a.m. and 6 p.m. on Saturday. Noise- generating construction activities are not allowed on Sundays or Holidays. 27. To the fullest extent permitted by law, Applicant 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 25 and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of the Verizon Eastbluff Monopole Telecom including, but not limited to Conditional Use Permit No. UP2017-035 (PA2017-256). 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 connecti on with such claim, action, causes of action, suit or proceeding whether incurred by Applicant, 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 wh ich City incurs in enforcing the indemnification provisions set forth in this condition. The Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Fire Department 28. Storage of batteries must comply with California Fire Code Section 608, Stationary Storage Battery Systems. 29. Manufactures specifications for any generators will be required with plan review. Generator shall be installed as per manufactures specifications and comply with California Fire Code Section 601. Building Division 30. The Applicant is required to obtain all applicable permits from the City Building Division and Fire Department. Prior to the issuance of any building, mechanical, and/or electrical permits, architectural drawings and structural design plans shall be submitted to the City of Newport Beach for review and approval by the applicable departments. A copy of these conditions of approval shall be incorporated into the drawings approved for the issuance of permits. 31. The telecom facility shall comply with all regulations and requirements of the California Building Code, California Fire Code, California Mechanical Code, and California Electrical Code. All required permits shall be obtained prior to commencement of the construction. 32. The design of the monopole and associated equipment shall be designed to conform to ASCE 7-10 for wind and seismic consideration for windscreen and anchorage of the equipment. 33. A soils report shall be prepared and submitted in conjunction with the construction drawings for the monopole’s foundation system. Public Works 34. In case of damage done to public improvements surrounding the site by private construction, additional reconstruction within the public right-of-way may be required at the discretion of the Public Works Department. 26 35. The storage of all project related equipment during construction shall be on-site and outside the public right-of-way. 36. An approved encroachment permit is required for all work activities within the public right- of-way. 27 INTENTIONALLY BLANK PAGE28 Attachment No. PC 2 Draft Resolution for Denial 29 INTENTIONALLY BLANK PAGE30 RESOLUTION NO. PC2018-027 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DENYING CONDITIONAL USE PERMIT NO. UP2017-035 AUTHORIZING THE CONSTRUCTION OF ONE MONOPOLE AND A 232-SQUARE- FOOT SUPPORTING EQUIPMENT ENCLOSURE FOR A NEW WIRELESS TELECOMMUNICATIONS FACILITY LOCATED AT 2545 EASTBLUFF DRIVE (PA2017-256) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1.An application was filed by Verizon Wireless (“Applicant”), with respect to property located at 2545 Eastbluff Drive, and legally described as Parcels 1 and 2 as shown on Exhibit B1 attached to Lot Line Adjustment N.B.L.L.A. No. 98-14, recorded March 23, 1999 as Instrument No. 19990211252 of Official Records of Orange County (“Property”), requesting approval of a conditional use permit. 2.The Applicant proposes to construct a new wireless telecommunications facility (“telecom facility” or “facility”) at the rear of the Eastbluff Village Center (“Project”). The proposed facility includes a forty-seven (47) foot-tall slimline monopole that is three (3) feet in diameter to accommodate three (3) sectors of panel antennas for Verizon Wireless. As proposed, the supporting equipment will be located on top of a replacement trash enclosure. 3.The Property is designated Neighborhood Commercial (“CN”) by the General Plan Land Use Element and is located within the Commercial Neighborhood (“CN”) Zoning District. 4.The Property is not located within the coastal zone. 5.The Property is located within the Nonresidential, Nonshoreline Height Limit Area, which limits the maximum height of structures to fifty (50) feet. At forty-seven (47) feet tall, the proposed facility falls within this limitation. 6.A public hearing was held on September 13, 2018, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (“NBMC”). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This Pursuant to Section 15270 of the California Environmental Quality Act (“CEQA”) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. 31 SECTION 3. REQUIRED FINDINGS. The Planning Commission may approve a use permit only after making each of the required findings set forth in NBMC Section 20.52.020(F) (Findings and Decision). In this case, the Planning Commission was unable to make the required findings based upon the following: 1. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1.The Planning Commission of the City of Newport Beach hereby denies Conditional Use Permit No. UP2017-035. 2.This action shall become final and effective 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 NBMC Title 20 Planning and Zoning. PASSED, APPROVED, AND ADOPTED THIS 13TH DAY OF SEPTEMBER, 2018. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Peter Zak, Chairman BY:_________________________ Bill Dunlap, Secretary 32 Attachment No. PC 3 Project Plans 33 INTENTIONALLY BLANK PAGE34 35 PA2017-256 Attachment No. PC 3 - Project Plans 36 PA2017-256 Attachment No. PC 3 - Project Plans 37 PA2017-256 Attachment No. PC 3 - Project Plans 38 PA2017-256 Attachment No. PC 3 - Project Plans 39 PA2017-256 Attachment No. PC 3 - Project Plans 40 PA2017-256 Attachment No. PC 3 - Project Plans 41 PA2017-256 Attachment No. PC 3 - Project Plans 42 PA2017-256 Attachment No. PC 3 - Project Plans 43 PA2017-256 Attachment No. PC 3 - Project Plans 44 PA2017-256 Attachment No. PC 3 - Project Plans 45 PA2017-256 Attachment No. PC 3 - Project Plans INTENTIONALLY BLANK PAGE46 PA2017-256 Attachment No. PC 3 - Project Plans Attachment No. PC 4 Photographic Visual Simulations 47 INTENTIONALLY BLANK PAGE48 4 1 2 3 49 50 51 52 53 2 1 3 5 4 6 54 1 55 56 2 57 58 3 59 60 4 61 62 5 63 64 6 65 66 67 INTENTIONALLY BLANK PAGE68 Attachment No. PC 5 RF Coverage Maps at 47 Feet Tall 69 INTENTIONALLY BLANK PAGE70 Eastbluff Propagation Maps November 29, 2017 Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement. 71 Overview Map 2 Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement. 72 Verizon Coverage without Eastbluff 3 Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement. 73 Verizon Coverage with Eastbluff 4 Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement. 74 Eastbluff Coverage 5 Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement. 75 INTENTIONALLY BLANK PAGE76 Attachment No. PC 6 RF Coverage Maps at 32 Feet Tall 77 INTENTIONALLY BLANK PAGE78 Eastbluff Propagation Maps January 31, 2018 79 Overview Map 2 Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement. 80 Verizon Coverage without Eastbluff 3 Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement. 81 Verizon Coverage with Eastbluff (27’ Centerline) 4 Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement. 82 Eastbluff Coverage (27’ Centerline) 5 Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement. 83 INTENTIONALLY BLANK PAGE84 Attachment No. PC 7 Applicant’s Description and Justification 85 INTENTIONALLY BLANK PAGE86 PROJECT FINDINGS FOR VERIZON WIRELESS SITE: “EASTBLUFF” Proposed Wireless Facility at 2545 Eastbluff Drive, Newport Beach Presented below for your consideration are the required findings for Telecom Facilities per NBMC Subsection 20.49.060(H): H. Required Findings for Telecom Facilities. The following findings shall apply to all facilities requiring discretionary review: 1. General. The review authority may approve or conditionally approve an application for a telecom facility only after first finding each of the required findings for a MUP or CUP pursuant to Section 20.52.020 (Conditional Use Permits and Minor Use Permits), or an LTP pursuant to Section 20.52.040 (Limited Term Permits), and each of the following findings: a. The proposed telecom facility is visually compatible with the surrounding neighborhood. The facility is designed to be the most appropriate design considering the opportunities and constraints for the location, the design standards and goals of the City and the needs of Verizon Wireless RF designs. The site makes use of a slimline pole design to fully conceal the antennas within the radome. The new slimline pole will be surrounded by existing trees surrounding the neighborhood to further conceal it’s elements. The proposed site will consist of 6 directional panel antennas, 12 RRU's with A2 packs, 2 raycaps, 1 emergency generator, and 2 MCE equipment cabinets placed within a new equipment enclosure. The landlord has approved of the site design as it is presented to the City and has been involved in the design process to ensure compatibility with their development standards. When construction is complete, the antennas and equipment will be fully concealed from view from the surrounding properties and any public rights of way. b. The proposed telecom facility complies with height, location and design standards, as provided for in this chapter. Verizon prefers this design do to the zoning and height restrictions of surrounding properties to get the necessary height to cover this area. While the project is proposing an increase in height, it will be surrounded by existing trees and will fully conceal all antennas. The other surrounding properties are all residential developments and would not allow for a wireless facility. This facility is going to serve these commercial and residential developments, East Bluff Park, Newport Beach Tennis Club, and regional roadways. 87 A height of 32 feet, while meeting the letter of the law, is not adequate. A height of 47 feet (32 plus 15) is what Verizon is proposing. At 32 feet the site would suffer very poor performance due to the surrounding buildings and existing trees already in place for the open space buffering the residential and commercial properties. As designed, the proposed site can perform at its best and still meet and support the stated objectives of the Commercial Neighborhood zone. The proposed site will encourage and support the ongoing use of the business/leisure activities which regularly have direct and indirect benefits for the surrounding residential and business community at large. Making a determination for approval will enhance the services provided by Verizon Wireless in this area of Newport Beach and thereby enhance life in the City as well. As this is designed as a Class 4 (Freestanding Structure) Installation, per City code, it complies with all standards. The design fully screens the antennas without visible brackets, cables, or conduit. Additionally, it is sited in the least obtrusive location practical. The site sits behind the commercial buildings out of view from residential or public ROW. These conditions allow the antennas and equipment to be located in such a way as to minimize their visibility from the surrounding properties and blend into the urban fabric of the area. All equipment will be fully concealed within an enclosure, behind a building. c. 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. This site has been specifically identified as an infill location for VZW and it will assist neighboring sites in carrying the ever-growing volume of voice and data users in the area. Currently, VZW has facilities located in shopping centers to the south and east. This proposed location is the only commercial area and is completely surrounded by residential districts and public facilities. This proposed location will help off-load the other two locations and provided much needed capacity for the surrounding community. d. 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. Rooftop designs within the shopping center were pursued, but there was either no interest from the landlord, or another carrier already occupied the roof space and there was not sufficient space for another carrier. A site within East Bluff Park was proposed, however, this location was not desirable to the City. Multiple other commercial properties were vetted for a rooftop facility within the commercial area surrounding the site, but all the properties are single story and these sites would not allow for the height needed for the wireless facility 88 to operate at an optimum level. A monoeucalyptus tree design was also vetted for the shopping center. However, the diameter of a tree with this design would not work within the confinements of the shopping center. 2. Findings to Increase Height. The review authority may approve or conditionally approve an application for a telecom facility which includes a request to exceed the maximum height limit for the zoning district in which the facility is located up to a maximum of fifteen (15) feet only after making each of the following findings in addition to the general findings set forth in subsection (H)(1) of this section and the required findings for a MUP or CUP pursuant to Section 20.52.020 (Conditional Use Permits and Minor Use Permits), or an LTP pursuant to Section 20.52.040 (Limited Term Permits): a. The increased height will not result in undesirable or abrupt scale changes or relationships being created between the proposed telecom facility and existing adjacent developments or public spaces. As mentioned before, a height of 47 feet (32 plus 15) is what Verizon is proposing. At 32 feet the site would suffer very poor performance due to the surrounding buildings and existing trees already in place for the open space buffering the residential and commercial properties. The site is designed to minimize any public view of the WCF. As such, the site is designed to blend into the urban fabric of the neighborhood. All proposed antennas and equipment are placed to minimize visibility and/or to be screened from view and should not pose any issues to the surrounding community or the City as a whole. b. Establishment of the telecom facility at the requested height is necessary to provide service. (Ord. 2014-1 § 10 (part), 2014) The factors influencing the design of this project include first and foremost providing the required coverage objective of the Radio Frequency Engineer. If this coverage objective cannot be met, there would be no reason to construct the facility. In addition to the above, other factors include compatibility with surrounding development, ability to meet City design and facility standards, as well as meeting mandatory safety standards of the FCC and other Federal, State and local agencies. As we are well aware of the standards and expectations of the City of Newport Beach this site has been designed to meet and exceed the standards for freestanding WCF. The proposed design is a slimline pole, which requires two sectors of antennas. If the pole were to be lowered to the height limit of 32 feet, the bottom sector of antennas would be located at approximately just 13 feet. This would not be feasible from a RF safety standpoint. Therefore, it would not meet the mandatory safety standards of the FCC. If the bottom sector were to be taken 89 out to make the site feasible from a RF safety standpoint, the facility would not be able to provide needed coverage outside of the immediate area of commercial center. Please see attached propagation maps. The proposed facility will not have any negative impacts on nearby property owners, residents, or businesses. In fact, the reverse tends to be true upon completion of a proposed wireless facility. People in the area enjoy greater quality of life due to the enhanced service(s) provided by the new facility. When a new freestanding facility (pole/tree/etc.) is appropriately designed to blend in to its surroundings, like ours does, it is not a visual blight. When support equipment is tucked into an unused corner and screened from view of most people, it is not materially detrimental to anyone. Residents, visitors, and businesses alike will enjoy greater system coverage and capacity for their regular daily use of wireless voice and data services which have become a part of modern life. The proposed facility will provide the latest technology available from Verizon Wireless and include voice, data, and E-911 services. When a site is designed and located properly, there has not been any substantial evidence of a negative and materially detrimental condition created by the installation and operation of a wireless facility. This project will enhance life in the area, not be a detriment to it in any way. Thank you for your consideration. I look forward to working with you. Please call or email me with any ideas or questions. Warmest Regards, Jim Heinrich Project Manager Plancom, Inc. For Verizon Wireless 90 From:Zdeba, Benjamin To:Ramirez, Brittany Subject:FW: Verizon Wireless Application, 2545 Eastbluff Drive (PA2017-256), Commission Hearing September 13, 2018 Date:Monday, September 10, 2018 3:56:42 PM Attachments:Verizon Wireless Letter 09.10.18.pdf image001.png FYI for Item No. 3. BENJAMIN M. ZDEBA, AICP Community Development Department Associate Planner bzdeba@newportbeachca.gov 949-644-3253 From: Paul Albritton <pa@mallp.com> Sent: Monday, September 10, 2018 3:54 PM To: Zak, Peter <pzak@newportbeachca.gov>; Weigand, Erik <eweigand@newportbeachca.gov>; Dunlap, Bill <bdunlap@newportbeachca.gov>; Kramer, Kory <kkramer@newportbeachca.gov>; Koetting, Peter <pkoetting@newportbeachca.gov>; Kleiman, Lauren <lkleiman@newportbeachca.gov>; Lowrey, Lee <llowrey@newportbeachca.gov> Cc: Campbell, Jim <JCampbell@newportbeachca.gov>; Harp, Aaron <aharp@newportbeachca.gov>; Zdeba, Benjamin <bzdeba@newportbeachca.gov>; Jurjis, Seimone <sjurjis@newportbeachca.gov>; Torres, Michael <mtorres@newportbeachca.gov> Subject: Verizon Wireless Application, 2545 Eastbluff Drive (PA2017-256), Commission Hearing September 13, 2018 Dear Commissioners, attached please find our letter prepared on behalf of Verizon Wireless in support of its application for a stealth wireless facility behind Eastbluff Village Center. We urge you to follow staff's recommendation and approve the application to provide needed improvements to Verizon Wireless’s network in the Eastbluff area of Newport Beach. Thank you. Paul Paul Albritton Mackenzie & Albritton LLP 155 Sansome Street, Suite 800 San Francisco, California 94104 (415)288-4000 pa@mallp.com Planning Commission - September 13, 2018 Item No. 3a Additional Materials Received Verizon Eastbluff Monopole Telecom (PA2017-256) MACKENZIE & ALBRITTON LLP 155 SANSOME STREET, SUITE 800 SAN FRANCISCO, CALIFORNIA 94104 TELEPHONE 415 / 288-4000 FACSIMILE 415 / 288-4010 September 10, 2018 VIA EMAIL Chair Peter Zak Vice Chair Erik Weigand Secretary Bill Dunlap Commissioners Kory Kramer, Peter Koetting, Lauren Kleiman and Lee Lowrey Planning Commission City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Re: Verizon Wireless Application UP2017-035 (PA2017-256) Stealth Wireless Facility, 2545 Eastbluff Drive Planning Commission Agenda, September 13, 2018 Dear Chair Zak, Vice Chair Weigand, Secretary Dunlap and Commissioners: We write on behalf of Verizon Wireless to urge you to follow the recommendation of Planning Division staff and approve its application for a stealth wireless facility located behind a shopping center (the “Proposed Facility”). Designed as a slimline pole with antennas fully concealed, the Proposed Facility complies with all wireless facility standards of the Newport Beach Municipal Code (the “Code”). It also meets all findings for approval of a conditional use permit and special findings for wireless facilities. The Proposed Facility will provide reliable new in-building service for Newport Beach residents and visitors to the Eastbluff neighborhood as well as emergency response personnel. We strongly urge you to approve the Proposed Facility. The Project Verizon Wireless has worked diligently to identify a location and design for the Proposed Facility that minimize any impact on the surrounding neighborhood. The Proposed Facility will be placed behind a building at the rear of the Eastbluff Village Center, distant from the streets alongside the shopping center. Verizon Wireless proposes to conceal its panel antennas in a three-foot wide, 47-foot tall slimline pole. Panel antennas will be stacked in two sets of three to minimize pole diameter. The pole will be painted a neutral off-white color to complement surrounding buildings, and much of the Planning Commission - September 13, 2018 Item No. 3a Additional Materials Received Verizon Eastbluff Monopole Telecom (PA2017-256) Newport Beach Planning Commission September 10, 2018 Page 2 of 4 pole will be concealed behind buildings as seen from the front side of the shopping center and nearby streets. For efficient use of space, Verizon Wireless will place its equipment on a platform in a rebuilt trash enclosure next to the slimline pole. Elevated well above the working area of the trash enclosure, the 232 square foot platform that will support Verizon Wireless’s radio cabinets and a standby generator to provide continued service in case of emergency. The trash enclosure area, including Verizon Wireless’s equipment, will be surrounded by a 16 foot 8 inch façade with a stucco finish matching existing buildings. A photosimulation attached as Exhibit A shows the minimal visual impact of the Proposed Facility slimline pole behind the shopping center. The Proposed Facility Complies with All Code Standards. As confirmed in the staff report, the Proposed Facility meets all Code criteria for stealth design of a new wireless facility. Much of the slimline pole will be out-of-view as seen from typical public vantage points, at a location where existing buildings provide screening. Code §§ 20.49.050(A)(2), 20.49.050(A)(4), 20.49.050(E)(3). With antennas stacked vertically to reduce the slimline pole diameter to only three feet, the facility is of minimal size and profile in comparison to adjacent buildings. Code § 20.49.050(A)(3). The equipment enclosure completely hides equipment and screens it from surrounding uses. Code §§ 20.49.050(E)(1), 20.49.050(F)(6)(a)(iii). The stucco finish of the equipment enclosure area is fully compatible with the existing architectural elements of the shopping center buildings. Code §§ 20.49.050(A)(1), 20.49.050(F)(6)(a)(iv). The Proposed Facility also meets particular screening standards for Class 4 (freestanding) installations. Notably, there are no visible antenna arrays, and the slimline pole is in the least obtrusive location possible, a little-used area behind the shopping center. Code § 20.49.050(F)(4)(a). At 47 feet tall, the Proposed Facility slimline pole falls under the applicable structure height limit of 50 feet in the non-residential, non-shoreline height limit area. Code § 20.30.060(C)(2)(d). In sum, the Proposed Facility satisfies all of the Code’s standards for a new freestanding wireless facility. The Proposed Facility Meets all Findings for Approval of a Conditional Use Permit. Because it provides a great public benefit with minimal impact, the Proposed Facility meets all findings for approval of a conditional use permit, as confirmed in the staff report. Code § 20.52.020(F). One finding requires that design, location, shape, size and operating characteristics are compatible with nearby uses and physically suitable for the site. The Proposed Facility achieves these aims through its stealth design that hides all wireless equipment, its location behind buildings away from busy pedestrian areas, and its minimal size (a slimline pole only three feet in diameter). Further, the Proposed Facility will operate with little noise and requires only occasional maintenance visits, generating minimal traffic impact. It has been located to represent orderly and harmonious growth, and it does not endanger, jeopardize or constitute a hazard to public convenience, health, interest, safety or general welfare. In fact, the Proposed Facility Planning Commission - September 13, 2018 Item No. 3a Additional Materials Received Verizon Eastbluff Monopole Telecom (PA2017-256) Newport Beach Planning Commission September 10, 2018 Page 3 of 4 provides an important public benefit through improved service for Newport Beach residents, visitors to the commercial area and emergency service personnel. The Proposed Facility is consistent with the General Plan as it is accessory to the retail and service uses permitted in the neighborhood commercial land use category. In sum, the Proposed Facility meets all findings for approval of a conditional use permit. The Proposed Facility Meets all Special Findings for Wireless Facilities. Under the Code, wireless facilities require special findings for approval in addition to use permit findings. Code § 20.49.060(H)(1). For example, a facility must be visually compatible with the surrounding neighborhood. The Proposed Facility meets this finding because of the minimal profile of the slimline pole, with only the top portion visible from typical public vantage points, and full screening of the equipment area with a stucco finish. One special wireless finding is that alternative sites further from residential districts, public parks or public facilities cannot fill coverage needs. The Proposed Facility is located in an isolated commercial district surrounded by residential districts plus a park and school to the west. The owner of the adjacent tennis club property to the north did not respond to Verizon Wireless’s contact efforts, and this location was discounted due to lack of landlord interest. The Proposed Facility is as far from less- preferred locations as feasible without placing it in the shopping center parking lot where it would pose substantial visual, pedestrian and parking impacts. A summary of alternative candidates reviewed is attached as Exhibit B. The Proposed Facility is ideally located to serve the coverage objective while avoiding discouraged locations, and it satisfies this finding. Another special wireless finding requires that there is no available, feasible or more desirable alternative plan that would involve a higher-preference facility class (i.e., Classes 1, 2 or 3). Classes 1 and 2 (stealth and visible building-mounted antennas) are infeasible. This is because buildings in the Eastbluff Village Center are either unavailable due to lack of landlord interest or already support a wireless facility integrated into the roof, leaving insufficient space for an additional wireless facility. Class 3 facilities (right-of-way) are less desirable because the only vertical infrastructure in nearby rights-of-way is street light poles of limited height that can support only a small antenna. Generally, street light poles must be replaced with a more robust pole to support a wireless facility. Lower height reduces the coverage footprint of antennas. Numerous right-of-way facilities would be required to achieve the service coverage of the Proposed Facility, constituting a more intrusive deployment overall. As the higher-preference wireless facility classes are infeasible or less desirable, the Proposed Facility satisfies this finding. To summarize, the Proposed Facility meets all special findings for approval of a wireless facility, as confirmed in the staff report. Planning Commission - September 13, 2018 Item No. 3a Additional Materials Received Verizon Eastbluff Monopole Telecom (PA2017-256) Newport Beach Planning Commission September 10, 2018 Page 4 of 4 Conclusion Verizon Wireless has worked diligently to identify a location and design for a facility to provide reliable new service to the Eastbluff neighborhood in Newport Beach. The Proposed Facility complies with all Code standards for wireless facilities, as antennas are fully concealed in a slimline pole only three feet in diameter and mostly out- of-view behind commercial buildings. The Proposed Facility also meets all findings for approval of a conditional use permit as well as special findings for wireless facilities. Improved Verizon Wireless service is important for residents and visitors as well as emergency service personnel in Newport Beach. We urge you to follow staff’s recommendation and approve the Proposed Facility. Very truly yours, Paul B. Albritton cc: Aaron Harp, Esq. Michael Torres, Esq. Seimone Jurjis Benjamin Zdeba Bill Dunlap Schedule of Exhibits Exhibit A: Photosimulation Exhibit B: Alternatives Map Planning Commission - September 13, 2018 Item No. 3a Additional Materials Received Verizon Eastbluff Monopole Telecom (PA2017-256) Planning Commission - September 13, 2018 Item No. 3a Additional Materials Received Verizon Eastbluff Monopole Telecom (PA2017-256) Verizon Wireless Eastbluff Facility, Newport Beach Alternative Candidates Candidate 1 – East Bluff Park – City of Newport Beach Park City responded to initial inquiry asking for more information, but did not respond further once it found out Verizon Wireless wanted to build a site in the park. Candidate 2 – Eastbluff Elementary School The School District did not respond to contact effort. Candidate 3 – Newport Beach Tennis Club The owners did not respond to contact efforts. Candidate 4 – 2503 Eastbluff Drive Already occupied by another carrier (T-Mobile). Insufficient space for another carrier. Candidate 5 – Ralph’s Even though this is a TIC-owned building, the Kroger Corporation still controls the rooftop space and does not allow wireless facilities. Planning Commission - September 13, 2018 Item No. 3a Additional Materials Received Verizon Eastbluff Monopole Telecom (PA2017-256) 1 5 4 32 Single Story Buildings Planning Commission - September 13, 2018 Item No. 3a Additional Materials Received Verizon Eastbluff Monopole Telecom (PA2017-256) From:Robert McCaffrey To:Planning Commissioners Subject:Verizon Wireless; Eastbluff Shopping Center Date:Tuesday, September 11, 2018 4:29:56 PM I THINK THIS IS A GOOD IDEA AND WILL GIVE RESIDENTS BETTER SERVICE. PLEASE APPROVE. SINCERELY, BOB MCCAFFREY Planning Commission - September 13, 2018 Item No. 3b Additional Materials Received Verizon Eastbluff Monopole Telecom (PA2017-256)