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HomeMy WebLinkAbout2010-114 - Clearwire Telecom PermitRESOLUTION NO. 2010 -114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING APPLICATION NO. TP2009- 013 FOR A TELECOM PERMIT LOCATED AT 1 PARK NEWPORT DRIVE (PA2009 -165) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Reliant Land Services, Inc. representing Clearwire, with respect to property located at 1 Park Newport Drive, legally described as Lot 8 of Tract 6947, requesting approval of a Telecommunications (Telecom) Permit. 2. The applicant proposes to co- locate a new wireless telecom facility on the roof an existing apartment building. A total of three 4- foot -high panel antennas, three 2- foot -wide parabolic antennas, and one GPS antenna are proposed to be located on the roof and within an existing screening enclosure currently utilized by a separate wireless telecom facility. In addition, one cabinet will be installed within an existing equipment room located on the ground floor level. 3. The subject property is located within the Park Newport Planned Community (PC -7) Zoning District and the General Plan Land Use Element category is Multiple -Unit Residential (RM). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Multiple -Unit Residential (RM -D). 5. Pursuant to Municipal Code Sections 15.70.050.A.2 and 15.70.050.B.3.c, a Special Review by City Council was held on September 28, 2010, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). Class 1 allows minor alteration of existing public or private structures where negligible or no expansion of an existing use is involved. The proposed project would be a minor alteration to an existing wireless telecom facility located on the roof of an existing apartment building. SECTION 3. REQUIRED FINDINGS. In accordance with Section 15.70.070.F.3 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The approval is necessary to allow the facility to function as intended and identified alternatives to the proposal are not feasible. Facts in Support of Finding: A -1. Clearwire is a wireless, high speed, broadband data service provider whose network involves a series of interconnected sites. To provide the speed and quality of service, Clearwire utilizes microwave technology for its backhaul network and connects sites in a ring type architecture (instead of traditional hub and spoke). The antennas proposed at this location are necessary to meet the coverage objective for this area of the City. A -2. This particular site was selected because of Clearwire's agreement with Sprint/Nextel allowing them to modify and co- locate equipment to provide fourth generation (4G), high -speed wireless network coverage. Site selection criteria included limitations imposed by surrounding topography, the intended service area, the ability of the new site to "see" the proposed coverage area and other sites in the network A -3. There are no feasible alternative locations to construct within the vicinity without the intrusiveness of a new antenna facility. An alternative site near the vicinity could potentially result in negative visual impacts to the surrounding areas by creating a proliferation of telecom sites in close proximity to each other. B. The approved facility will not result in conditions which are materially detrimental to nearby property owners, residents, and businesses, nor to public health or safety. Facts in Support of Finding: B -1. The antennas are proposed to be located behind an existing screening structure currently used by Sprint/Nextel and will not affect the aesthetics and use of the subject property. No outward visual sign of the proposed facility will be evident based upon the visual simulations. B -2. Allowing the co- location of this telecom facility at the site will minimize visual impacts to surrounding areas by clustering the location of telecom facilities rather than dispersing additional facilities throughout the vicinity. B -3. Installing the facility at an alternative location could result in negative visual and aesthetic impacts o nearby property owners, residents, and business owners because it could be located in a more visually sensitive location. B-4. The proposed facility will only require periodic maintenance and will not generate any type of adverse impacts to the environment, such as noise, odor, smoke, etc. B -5. 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. B -6. The installation of the proposed telecom facility in this location is consistent with the location and design standards specified in Sections 15.70.50 and 15.70.060 of the Municipal Code. The proposed antennas would be co- located with an existing Sprint telecom facility on the roof of an existing building and screened from view by an existing screening enclosure. Per the Code, roof- mounting and co- location are priority locations for the installation of new telecom facilities. The existing screening enclosure blends with the building's architecture, color, and materials. B -7. The proposed facility is not located in an area adjacent to a coastal view road or public coastal view point. B -8. As conditioned, the proposed telecommunication facility in this location will not result in conditions that are materially detrimental to nearby property owners, residents, and businesses, nor to public health or safety. SECTION 4. DECISION. NOW THEREFORE, the City Council of the City of Newport Beach, California, hereby resolves as follows: SECTION 1: The City Council of the City of Newport Beach hereby approves Telecom Permit Application No. TP2009 -013, subject to the conditions set forth in "Exhibit A ", which is attached hereto and incorporated by reference. SECTION 2: This resolution was approved and adopted at a regular meeting of the City Council of the City of Newport Beach, held on the 28th day of September, 2010. ATTEST: CITY CLERK MAYOR EXHIBIT 4W CONDITIONS OF APPROVAL Telecom Permit No. 2009 -013 1 Park Newport Drive (Project specific conditions are noted in italics) 1. The development shall be in substantial conformance with the approved plot plan, antenna and equipment plans, elevations, and photographic simulations, except as noted in the following conditions. 2. Anything not specifically approved by this Telecom Permit is not permitted and must be addressed in a separate and subsequent Telecom Permit review. 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. The telecom facility shall comply with all regulations and requirements of the Uniform Building Code, Uniform Fire Code, Uniform Mechanical Code and National Electrical Code. All required permits shall be obtained prior to commencement of the construction. 5. 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. 6. A total of three 4- foot -high panel antennas, three 2- foot -wide parabolic antennas, and one global positioning system (GPS) antenna shall be permitted as depicted on the approved plans and photographic simulations. The antennas shall be located behind the existing screening enclosure. No external (visible) wiring shall be permitted on the building. 7. In no case shall any part of the GPS antenna be mounted above the top of the existing screening enclosure. 8. One equipment cabinet is permitted on the ground level and shall be located within the existing Sprint/Nextel equipment room, as depicted on the approved plans. 9. Any future facilities proposed by other carriers to be located within 1,000 feet from the subject property shall be approved to co- locate at the same site by the property owner or authorized agent, unless otherwise approved by the Planning Director 10. Prior to issuance of building permits, a deposit of $1,000 shall be paid to the City of Newport Beach. This deposit is required by the Planning Department to ensure preparation and submittal of the RF Compliance and Radiation Report, referenced in the above Condition. The deposit will be used to defray any and all fees associated with review of the report by an independent technical consultant, pursuant to Section 15.70.070 B -10 of the Telecom Ordinance. Any unused deposit fees will be refunded to the applicant upon determination of compliance with the approved frequency and FCC standards. 11. Prior to issuance of building permits, the applicant shall obtain a determination, in writing, from the Coastal Commission that the project as proposed is not a development under the California Coastal Act, or obtain Coastal Commission approval of the wireless telecommunications facility. 12. 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 this approval letter shall be incorporated into the drawings approved for the issuance of permits. 13. 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. 14. Should interference with the City's Public Safety radio equipment occur, use of the facility shall be suspended until the radio frequency is corrected and verification of the compliance is reported. 15. The facility shall transmit and receive at a frequency range of 2496 to 2502 MHz, 2602 to 2694 MHz, and 2698 to 2673.5. Any change or alteration to the frequency range shall require the prior review and approval of the Planning Director. 16. The applicant recognizes that the frequencies used by the cellular facility located at 9 Park Newport 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). 17. Within 30 days after installation of the telecom facility, a radio frequency (RF) compliance and radiation report prepared by a qualified RF engineer acceptable to the City shall be submitted in order to demonstrate that the facility is operating at the approved frequency and complies with FCC standards for radiation. If the report shows that the facility does not so comply, the use of the facility shall be suspended until the facility is modified to comply and a new report has been submitted confirming such compliance. 18. The applicant shall provide a "single point of contact" in its Engineering and Maintenance Departments that is monitored 24 hours per day to insure 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 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 to arrange for access to the roof top area. 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 applicant shall schedule an evening inspection by the Code Enforcement Division to confirm compliance with this condition. 22. The operator of the telecom facility shall maintain the facility in a manner consistent with the original approval of the facility. 23. 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. 24. The applicant shall insure 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. 25. Any operator who intends to abandon or discontinue use of a telecom facility must notify the Planning Director by certified mail no less than 30 days prior to such action. The operator or property owner shall have 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. 26. The City reserves the right and jurisdiction to review and modify any telecom permit approved pursuant to Chapter 15.70 of the Newport Beach Municipal Code, including the conditions of approval, based on changed circumstances. The operator shall notify the Planning Department 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. 27. This telecom permit may be modified or revoked by the City Council 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 15.70 of the NBMC, or this telecom permit. 28. This approval shall expire unless exercised within 24 months from the date of approval. STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2010 -114 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 28th day of September, 2010, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Henn, Webb, Gardner, Mayor Curry Noes: None Absent: None Recuse: Daigle IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 29th day of September, 2010. Dos__ City Clerk Newport Beach, California (Seal)