HomeMy WebLinkAboutZA2014-050 - ADD 2 NEW PANEL ANTENNAS, 2 NEW RRUS AND ASSOCIATED CABLES AND EQUIPMENT ON AN EXISTING WIRELESS FACILITY. - 1155 Camelback St RESOLUTION NO. ZA2014-050
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2014-020 FOR A TELECOMMUNICATIONS FACILITY
LOCATED AT 1155 CAMELBACK STREET (PA2014-075)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Core Development Services on behalf of Sprint PCS, with
respect to property located at 1155 Camelback Street, and legally described as Lot 7 of
Tract No. 6680, requesting approval of a minor use permit.
2. The applicant proposes to mount two new panel antennas and two new remote radio
units to an existing 80-foot-tall utility/transmission pole and replace existing ground-
level support equipment. The proposed height of the facility will not change as part of
this application.
3. The subject property is located within the North Ford Planned Community (PC 5) Zoning
District and the General Plan Land Use Element category is Public Facilities (PF).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on December 23, 2014, in the Corona del Mar Conference
Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. 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 Zoning Administrator at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt pursuant to Title 14 of the
California Code of Regulations (Section 15303, Article 19 of Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act) under Class 3 (New
Construction or Conversion of Small Structures).
2. Class 3 allows construction of new, small facilities or structures and installation of small
new equipment and facilities in small structures. Examples of this exemption include up
to four commercial buildings totaling 10,000 square feet and accessory structures.
3. The proposed project involves the installation of two antennas, two remote radio units,
and upgrades to existing support equipment which is consistent with the Class 3
exemption.
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SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) and
Section 20.49.060.H.1 (Required Findings for Telecom Facilities) of the Newport Beach
Municipal Code, the following findings and facts in support of such findings are set forth:
Minor Use Permit
Finding:
A. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The subject property is designated Public Facilities (PF) within the Land Use Element
of the General Plan, which is intended to provide for public facilities, including public
schools, cultural institutions, government facilities, libraries, community centers, public
hospitals, and public utilities. Other uses may be permitted in accordance with the PF
land use designation.
2. The proposed telecom facility is accessory to the electrical substation which is a utility,
consistent with the PF designation.
3. The site is not in a specific plan area.
Finding:
B. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code.
Facts in Support of Finding:
1. Pursuant to Section 20.49.040 (Telecom Facility Preferences and Prohibited
Locations) of the Municipal Code, telecom facility uses are not prohibited in
non-residential areas of planned community zoning districts.
2. The facility is designed such that it will not visually dominate the surrounding area.
Proposed brackets, mounts, antennas, and associated equipment will be painted with
subdued colors to match the pole and blend in with the visual backdrop of the utility
station. Existing mature landscaping will assist in screening the facility from adjacent
uses and Bison Avenue.
3. Support equipment, including cables and batteries for the facility, will be placed within
an existing enclosure at the base of the pole and screened from view.
4. The proposed project has been reviewed and will comply with all applicable provisions
of the Planned Community, Zoning Code, and Municipal Code.
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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 principal use of the property is an electrical substation operated by Southern
California Edison. The proposed upgrades to the existing pole-mounted facility are
compatible with the principal use of the property.
2. The facility is located on property that abuts non-residential uses. The mini storage
facility to the east, post office to the north, and church to the west are buffered from
the proposed facility by existing landscaping, walls, and surface parking. Residential
uses to the south across Bison Avenue are located approximately 250 feet away and
sit at a higher elevation.
3. The size of the facility is not proposed to expand in height or diameter.
4. The proposed telecom facility will be unmanned, have no impact on the circulation
system, and will not generate noise, odor, smoke, or any other adverse impacts to
adjacent land uses.
5. The proposed facility will enhance coverage for commuters and residents of the area
and provide wireless access to voice and data transmission services not currently
available. 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. The project site has demonstrated that it is physically suitable to support the existing
facility. The addition of two antennas, two remote radio units, and support equipment
at the base of the pole will not alter the site's ability to provide public and emergency
vehicle access or public services and utilities.
2. The Public Works Department, Building Division, Police Department, and Fire
Department have reviewed the project proposal and do not have any concerns
regarding access, public services, or utilities provided to the existing development.
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Finding:
E. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use.
Facts in Support of Finding:
1. The proposed facility will only require periodic maintenance and will not generate any
type of adverse impacts to the environment, such as noise, odor, smoke, etc.
2. 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.
3. The proposed facility is not located in an area adjacent to a coastal view road or public
coastal view point.
4. 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.
Telecom Facilities
Finding:
F. The proposed telecom facility is visually compatible with the surrounding
neighborhood.
Facts in Support of Finding:
1. The proposed antennas and remote radio units will be mounted to an existing 80-foot-
tall utility/transmission pole that is located on property dedicated for the generation,
transmission, and distribution of electricity.
2. The facility will remain visually compatible with existing transmission equipment on the
property.
3. Surrounding uses are buffered from the facility by existing improvements and the
proposed upgrades will not visually alter or dominate the surrounding neighborhood.
Finding:
G. The proposed telecom facility complies with height, location and design standards, as
provided in Chapter 20.49.
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Facts in Support of Finding:
1. Telecom facilities may be installed on utility poles that are for the purpose of carrying
electricity, provided that the top of the proposed antennas do not extend above the top
of the utility pole.
2. The proposed facility is mounted to a utility pole carrying electricity. The proposed
antennas will extend to a point 55 feet above the finished grade which is below the top
of the pole, consistent with the height of antennas currently mounted to the pole.
3. The facility is designed such that it will not visually dominate the surrounding area.
Proposed brackets, mounts, antennas, and associated equipment will be painted with
subdued colors to match the pole and blend in with the visual backdrop. Existing
mature landscaping will assist in screening the facility from adjacent uses and Bison
Avenue.
4. Support equipment including cables and batteries for the facility will be placed within
an existing enclosure at the base of the pole and screened from view.
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 proposal is to upgrade an existing facility that is located on property with another
existing carrier (Verizon). Alternative sites located further away from nearby residential
uses and public facilities would limit the coverage objectives and not fulfill the needs
addressed by the proposed upgrades.
2. Selecting an alternative site would result in an additional telecom facility within the
area or require the elimination and relocation of the existing facility which limits Sprint
from providing uninterrupted service to residential and business customers in the area.
3. The applicant has provided maps that demonstrate improved coverage within the
vicinity and Highway 73 as a result of the proposed upgrades.
Finding:
1. An alternative plan that would result in a higher preference facility class category for
the proposed facility is not available or reasonably feasible and desirable under the
circumstances.
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Facts in Support of Finding:
1. The proposal is to upgrade an existing class 2 (visible antennas) telecom facility
mounted to an 80-foot tall utility pole.
2. An alternative plan resulting in a class 1 (stealth/screened) facility is not reasonably
feasible or desirable given that screening elements would be visually incompatible with
the surrounding backdrop and result in an installation that is out of scale with the
surrounding area.
3. As conditioned, all antenna components, support equipment, brackets and mounts
shall be colored to match the predominant visual background. Subdued colors and
non-reflective materials shall be used to ensure compatibility with the surrounding
area.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2014-020, 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 fourteen (14) days following the date this
Resolution was adopted unless within such time an appeal is filed with the Community
Development Director in accordance with the provisions of Title 20 (Planning and
Zoning), of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 23RD DAY OF DECEMBER, 2014.
BY:
red Wisneski, AI P, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
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. 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 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.
4. 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.
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. Anything not specifically approved by this permit is not permitted and must be
addressed in a separate and subsequent telecom permit review.
7. All antenna components, support equipment, brackets and mounts shall be colored to
match the predominant visual background. Subdued colors and non-reflective
materials shall be used.
8. If any of the existing public improvements surrounding the site are damaged by the
private work, new concrete sidewalk, curb and gutter, alley/street pavement, and other
public improvements will be required by the City at the time of private construction
completion. Said determination and the extent of the repair work shall be made at the
discretion of the Public Works Inspector.
9. The storage of all project-related equipment during construction shall be on-site and
outside the public right-of-way.
10. All work in the public rights-of-way shall follow City's Municipal Code Chapter 13.20.
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11. 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.
12. 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.
13. 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.
14. The applicant recognizes that the frequencies used by the cellular facility located at
1155 Camelback Street 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).
15. The applicant shall provide a "single point of contact" in its Engineering and
Maintenance Departments that is monitored 24 hours per day to ensure continuity on
all interference issues, and to which interference problems may be reported. The
name, telephone number, fax number, and e-mail address of that person shall be
provided to the Community Development Department and Newport Beach Police
Department's Support Services Commander prior to activation of the facility.
16. 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.
17. 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.
18. 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 with the Code Enforcement Division to
confirm compliance with this condition.
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19. The operator of the telecom facility shall maintain the facility in a manner consistent
with the original approval of the facility.
20. At all times, the operator shall ensure that its telecom facilities comply with the most
current regulatory operations standards, and radio frequency emissions standards
adopted by the FCC. The operator shall be responsible for obtaining and maintaining
the most current information from the FCC regarding allowable radio frequency
emissions and all other applicable regulations and standards. Said information shall be
made available by the operator upon request at the discretion of the Community
Development Director.
21. Prior to final of building permits, the applicant shall schedule an inspection with 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, to the satisfaction of the Planning Division.
22. 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 the
applicant, current property owner, or leasing agent.
23. 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.
24. Any operator who intends to abandon or discontinue use of a telecom facility must
notify the Planning Division by certified mail no less than thirty (30) days prior to such
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.
25. The City reserves the right and jurisdiction to review and modify any telecom permit
approved pursuant to Chapter 20.49 of the Newport Beach Municipal Code, including
the conditions of approval, based on changed circumstances. The operator shall notify
the Planning Division of any proposal to change the height or size of the facility;
increase the size, shape, or number of antennas; change the facility's color, materials,
or location on the site; or increase the signal output above the maximum permissible
exposure (MPE) limits imposed by the radio frequency emissions guidelines of the
FCC. Any changed circumstance shall require the operator to apply for a modification
of the original telecom permit and obtain the modified telecom permit prior to
implementing any change.
26. 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 20.49 of the NBMC, or
this Telecom Permit.
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27. This approval shall expire unless exercised within twenty-four (24) months from the
date of approval.
28. 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 and nature whatsoever which may arise
from or in any manner relate (directly or indirectly) to City's approval of the Camelback
Telecom Update including, but not limited to UP2014-020 (PA2014-075). This
indemnification shall include, but not be limited to, damages awarded against the City,
if any, costs of suit, attorneys' fees, and other expenses incurred in connection with
such claim, action, causes of action, suit or proceeding whether incurred by 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 which 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.
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