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HomeMy WebLinkAbout19 - Telecommunications Facility Permit 2004-009 - PA2004-171CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 19 January 11, 2005 TO: Honorable Mayor and Members of the City Council FROM: Janet Johnson Brown, Assistant Planner (949) 644 -3236, LbrownAcity.newoort- beach. ca. us SUBJECT: Telecommunications Facility Permit No. 2004 -009 (PA2004 -171) LOCATION: 20662 Newport Coast Drive APPLICANT NAME: Nextel Communications ISSUE: Should the City Council approve Telecommunications Facility Permit No. 2004 -009 for the purpose of allowing a wireless telecommunications facility to be located at the Coyote Canyon Landfill site? The proposal requires special review by City Council because the facility antennae are proposed to exceed the maximum height limit by 14 feet. Staff recommends that City Council approve Telecom Permit No. 2004 -009 subject to the Findings and Conditions of Approval attached to the staff report. BACKGROUND: Nextel Communications desires to install a wireless telecommunications facility at the project site currently developed with a gas recovery plant that is part of the closed Coyote Canyon Landfill. The project site is located on a hill approximately an eighth of a mile between both the 73 Freeway and Newport Coast Drive. Sage Hill School is approximately a quarter of a mile to the north and there are residential properties approximately a quarter of a mile to the south. This area was part of the County of Orange prior to annexation into Newport Beach, and was zoned for general agricultural uses. Wireless telecom facilities were a permitted use in the general agricultural zone with the approval of a site development permit. There are currently three other existing wireless telecom facilities by different carriers located on the subject property that were permitted by the County. January 11, 2005 Telecom Permit No. 2004 -009 Page - 2 When annexed into Newport Beach, the zoning of the site was changed to the Open Space- Passive District. This change caused the existing wireless telecom facilities to become nonconforming uses because wireless telecom facilities, which are considered a major utility, are not permitted in the OS -P District. However, the applicant applied for and obtained approval of a use permit by the Planning Commission on December 9, 2004, authorizing the expansion of a nonconforming use. A copy of Resolution No. 1652 approving the expansion of the existing nonconforming wireless telecommunications facility is attached. DISCUSSION: Nextel Communications is requesting to install a telecom facility that will consist of a total of six (6) antennae, divided equally into two (2) sectors, one microwave dish, two global positioning system (GPS) antennae, base support equipment, and a new support equipment enclosure structure. The applicant requests to install one of the antenna sectors 42 feet above grade and the microwave dish at 40 feet above grade on the existing smokestack that is approximately 103 feet in height. The other antenna sector will be located towards the northeast comer of the gas recovery plant and mounted on pole brackets against an existing 12 -foot high block wall at 20 feet above grade. The project site is located in the 24/28 Height Limitation Zone. Therefore, the microwave dish and three of the panel antennae would exceed the upper maximum height limit of 28 feet by an additional 14 feet. Pursuant to Section 15.70.070 F of the Telecom Ordinance, special review by City Council is required when an applicant proposes to install telecom antennae up to 15 feet above the upper maximum height limit. Analysis In reviewing the application, staff evaluated the height, location, and design of the proposed facility and its relationship to the surrounding environment and land uses in the vicinity. Height: Because of the potential for greater- than -usual visual or other impacts on nearby property owners, residents and businesses, the Telecom Ordinance specifies that special review by City Council is required for installation of telecom antennae above the upper maximum height limit. Section 15.70.070 F (Special Review by Council) provides that the City Council may approve antennas up to 15 feet above the maximum height limitations if it makes the following findings: January 11, 2005 Telecom Permit No. 2004 -009 Page - 3 a. The approval is necessary to allow the facility, to function as intended and identified altematives to the proposal are not feasible. The applicant states they are currently experiencing coverage problems as well as call capacity deficiencies to the commercial and residential uses surrounding this area. The facility is intended to provide an integral link in Nextel's proposed Orange County network and is designed to provide coverage along the 73 Freeway and Newport Coast Drive. The project site consists of approximately 2 acres of the 142 -acre Coyote Canyon Landfill and has been used as a gas recovery facility with three operating telecom facilities for a number of years. The design of the proposed facility will be similar to the other existing facilities by different carriers on the subject property utilizing the existing vertical structures on site. The applicant states that no other locations within the immediately surrounding areas would be able to provide the technical coverage objective afforded by the project site due to the topography of the area. Further, establishing the proposed wireless telecom facility on an alternative site in the near vicinity could potentially result in negative visual impacts to the surrounding area. The site is surrounded on all sides with undeveloped land and a vast majority of the landfill is to remain as passive open space. Section 15.70.050.4 of the Telecom Ordinance specifically prohibits telecom facilities in the Open Space- Passive zoning district. Therefore, establishing a wireless telecom facility in the immediately surrounding undeveloped areas would not be feasible. b. The approved facility, will not result in conditions which are materially detrimental to nearby property owners, residents, and businesses, or to public health or safety. Nextel Communications proposes to install the new telecom facility at the gas recovery plant that includes telecom facilities by three other separate carriers. Allowing the addition of another telecom facility at the project site would not cause an increase to visual impacts in the general area and will not affect the aesthetics and use of the subject property because it is similar to others already existing at the site, which is remote from other uses. However, installing the facility at an alternative location could result in a negative visual and aesthetic impact on nearby property owners, residents and businesses because it could be located in a closer and more visually sensitive location. The proposed facility would not be detrimental to the character of the nearby neighborhood as it will be unstaffed and require periodic maintenance only once every four weeks. The proposed facility will not generate noise, odor, smoke or other adverse impacts to the environment because these are not effects typically generated by these facilities. Further, the proposed facility will comply with the applicable rules, regulations January 11, 2005 Telecom Permit No. 2004 -009 Page - 4 and standards of the Federal Communications Commission (FCC) and the California Public Utilities Commission (CPUC) thus ensuring public health and safety. The applicant has prepared photographic visual simulations from three different vantage points which depict existing and proposed conditions at the site. These visual simulations are attached for your review. Based on the foregoing information, staff believes Council can make the above two findings pursuant to Section 15.70.070 F (3) and approve the facility antennas to exceed the 28 -foot height limitation up to a maximum height of 42 feet above grade. Location & Co- Location Requirements: Although the Telecom Ordinance prohibits telecom facilities in the OS -P zoning districts (unless the facilities are co- located on an existing utility tower within a utility easement area), the applicant has obtained authorization from the Planning Commission to expand the existing nonconforming use with installation of the proposed facility. In addition, the project site has been used as a gas recovery facility with three operating telecom facilities for a number of years, and has not generated any complaints which cause staff to conclude that it is not a detrimental use to the surrounding area. Section 15.70.050.C.2 (Co- Location Limitations) of the Telecom Ordinance includes a provision that no more than three telecom facilities may co- locate at a single site unless the reviewing authority finds that: a. The net visual effect of locating an additional facility at a co- location site will be less than establishing a new locations; or b. Based on evidence submitted by the applicant, there is no available feasible alternate location for a proposed new facility. The addition of a fourth wireless telecom facility at the project site would have far less of a visual impact on the surrounding area because the site is presently developed with a gas recovery plant, and the applicant has designed the proposed facility to be similar to that of the other existing telecom facilities on site. Requiring the proposed facility to locate elsewhere in the near vicinity would cause an adverse visual effect by a proliferation of telecom sites in the area. Design Standards: The applicant has designed the proposed facility to conform to the general design criteria set forth by the Telecom Ordinance and to be similar in design and size with the other existing telecom facilities on site. As noted above, the proposed facility will consist of a January 11, 2005 Telecom Permit No. 2004 -009 Page - 5 total of six (6) panel antennae, divided equally into two (2) sectors, one microwave dish, two global positioning system (GPS) antennae, base support equipment, and a new support equipment enclosure structure. The sector antennae and microwave dish that are proposed to be mounted on the existing smokestack will be painted to blend in and match the color of the structure on which they are mounted. The other sector antennae that are to be mounted on pole brackets and attached next to an existing block wall will be painted to match the wall and other existing antennae nearby. Each of the panel antennae will measure a maximum of 48 inches high by 10 inches wide and 4 inches deep, and the microwave dish will be 2 feet in diameter. The GPS antennae will be mounted on the new equipment shelter structure and measure approximately 6.5 inches high by 3 inches in diameter. The base support equipment will be ground mounted in a new support equipment enclosure structure located near by another wireless carrier's equipment shelter at the southeast comer of the gas recovery facility. The equipment shelter structure will measure 20 feet long by 11.5 feet wide and 10 feet high and will be constructed of a material to match the other carrier's equipment enclosure. The existing mature landscaping will remain in place and additional new landscaping will be planted to further screen the shelter from view. Environmental Review The project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures), because the addition of a new wireless telecom facility is a minor expansion of an existing facility. Public Notice A notification describing the proposal and the date and time of the City Council review was mailed to property owners of record within 300 feet of the proposed location of the telecom facility a minimum of 10 days in advance of the Council review date. Alternatives 1. The City Council has the option to alter the proposed design, or conditions of approval in order to address any specific concerns the Council or public may have. 2. The City Council can deny the subject permit. Prepared by: January 11, 2005 Telecom Permit No. 2004 -009 Page - 6 Submitted by: L. Temple e?Tatricia lanning Director FAUSERSXPLN1SharedtPXsXPAs - 2004\PA2004- 171\TP2004 -009 CC Rpt.doc cc: The Irvine Company, property owner Attention: Wendy DeWees P.O. Box 6370 Newport Beach, CA 92658 -6370 Exhibits: 1. Vicinity Map 2. Findings & Conditions of Approval 3. Site Plans and Elevations 4. Photographic Visual Simulations 5. Resolution No. 1652 EXHIBIT NO. 1 VICINITY MAP HarborVlaw Sage Hill School Irvine 73 San Joaquin Hills Project Site spygtm Newport Coat• ,,/� Newport Coast Drive vt e. 20662 Newport Coast Drive Telecommunications Facility Permit No. 2004 -009 11 EXHIBIT NO. 2 Findings and Conditions of Approval I FINDINGS AND CONDITIONS OF APPROVAL Telecommunications Facility Permit No. TP2004 -009 Findings: 1. The telecommunications facility as proposed meets the intent of Chapter 15.70 of the Newport Beach Municipal Code, while ensuring public safety, reducing the visual effects of telecom equipment on public streetscapes, protecting scenic ocean and coastal views, and otherwise mitigating the impacts of such facilities for the following reasons: • The proposed telecom facility will comply with the applicable rules, regulations and standards of the Federal Communications Commission (FCC) and the Califomia Public Utilities Commission (CPUC). • The telecom facility will be located on an existing structure where other telecom facilities by different carriers exist, thereby limiting the adverse Visual effects of proliferation of facilities in the City. • Due to the location and design of the facility at an existing methane gas recovery site, there is no impact to scenic ocean, coastal or public views. 2. The telecommunications facility as proposed conforms to the technology and design standards for the following reasons: • The telecom facility approved under this permit utilizes the most efficient available technology in order to minimize the number of facility components and reduce the visual impact. • The panel antennae identified as Sector A on the approved plans for the telecom facility approved by this permit will be mounted on pole brackets adjacent to an existing block wall and will be painted to match and blend in with the wall. • The panel antennae identified as Sector B on the approved plans for the telecom facility approved by this permit will be mounted to an existing smokestack structure and will be painted to match the color of the structure on which they are mounted. • The antennae and other structures erected in support of the telecom facility will be visually compatible with the existing use and surrounding buildings on the site. The telecom facility will be blended or screened from public view in a manner consistent with the style, color and materials of the Gas Recovery Plant in order to avoid adverse impacts to views from land or buildings at in the vicinity. • The base support equipment for the telecom facility will be placed within an enclosure structure constructed of materials to match a nearby existing equipment shelter and will be screened from public view with new landscaping to match the existing plantings. 3. The project site is located in the 24128 Height Limitation Zone, as specked in the Zoning Code. The applicant requests to exceed the upper maximum height limit of 28 feet height allowed by the Telecom Ordinance by installing panel antennae and a microwave dish on an existing smokestack at 42 feet and 40 feet above grade, respectively. Pursuant to the provisions in Section 15.70.070 F of the Wireless Telecommunications Facility Permit No. 2004 -009 Findings and Conditions of Approval Page 2 Telecommunications Facilities Ordinance, the findings can be made to approve the proposed height of the antennae for the following reasons: • In order to accommodate the intended technical coverage and capacity objectives of the proposed facility, the antennae and microwave dish would need to be mounted on the existing smokestack at the requested height due to the topography in the surrounding area. • The project site is surrounded on all sides by undeveloped open space, and locating a telecom facility in an alternative location in the immediate vicinity could result in negative visual impacts to the surrounding neighborhood. • Telecom facilities are specifically prohibited to be located in the Open Space - Passive zoning district, and therefore establishing a facility in the undeveloped areas would not be feasible. • The project site has been used as a gas recovery facility and includes telecom facility by three different carriers previously permitted by the County of Orange. The existing uses have not resulted in conditions that are materially detrimental to the nearby property owners, residents or business in the area. • The proposed telecom facility will not be materially detrimental to public health or safety because it is required to comply with the applicable rules, regulations and standards of the Federal Communications Commission (FCC) and the California Public Utilities Commission (CPUC). 4. The current zoning designation of the site is Open Space - Passive (OS -P). Under this zoning designation, the telecommunications facility as proposed does not conform to the location requirements of Section 15.70.050.8.4, which prohibits telecom facilities in this district. However, the proposed telecom facility is consistent with the location requirements for the following reasons: • The project site is located on a part of the Coyote Canyon Landfill and has been developed with a gas recovery facility. Also located on the site are telecom facilities by three separate carriers, which were permitted by the County of Orange prior to annexation of the area by Newport Beach. The addition of a fourth wireless telecom facility at the project site is consistent with the existing uses and would not result in any detrimental effect to the character of the nearby neighborhood. • When the project site was annexed into the City, the zoning changed from agricultural to OS -P, thereby causing the existing uses to become nonconforming with regard to zoning. The applicant has obtained approval of Use Permit No. 2004 -039 to allow the addition of a new telecom facility and related structures at the project site. 5. The telecommunications facility as proposed conforms to the co- location requirements of Section 15.70.050.C.2, which limits a total of three telecom facilities at a single site, pursuant to the following findings: l� Telecommunications Facility Permit No. 2004009 Findings and Conditions of Approval Page 3 The net visual effect of locating a fourth facility at the project site will be far less of an impact on the surrounding area than establishing the proposed facility at a new location. Requiring the proposed facility to locate at other feasible alternative locations would cause an adverse visual effect by a proliferation of telecom sites in the area, and the design of the proposed telecom facility is consistent with the existing facilities on the project site. 6. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures). Conditions: The development shall be in substantial conformance with the approved plot plan, equipment and antennae plans, landscape plans and elevations, 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 panel antennae shall be a maximum of 48 inches high by 10 inches wide and 4 inches deep, as depicted on the approved plans. 4. The three panel antennae identified as Sector A on the approved plans shall be located at the northeast corner of the project site adjacent to an existing block wall. Each antenna shall be mounted on a pole bracket immediately adjacent to the existing 12 -foot high block wall, with the top of the antennae not to exceed 20 feet in height above existing grade. The pole brackets and antennae shall be painted to match the color of the existing block wall. 5. The three panel antennae identified as Sector B on the approved plans shall be mounted to the existing smokestack at a height not to exceed 42 feet above existing grade. The panel antennae shall be painted to match the color of the existing smokestack. 6. The microwave dish shall be a maximum of 2 feet in diameter, and shall be mounted to the existing smokestack at a height of 40 feet above existing grade. The dish shall match the color of the existing smokestack. 7. The support equipment shelter structure shall be located at the southeast corner of the project site adjacent to another wireless carrier's equipment shelter and shall measure 20 feet by 11 feet 5 inches and shall be 10 feet in height. The structure shall be constructed of material to match the other existing carrier's equipment enclosure. �3 Telecommunications Facility Permit No. 2004 -009 Findings and Conditions of Approval Page 4 8. Two global positioning system (GPS) antennae shall be mounted atop the new equipment shelter structure, approximately 11 feet above grade, as depicted on the approved plans. 9. The equipment shelter structure shall be screened from view with additional new landscaping, per the landscape plans. 10. Prior to the issuance of any permits to install the facility, the applicant shall meet in good faith to coordinate the use of frequencies and equipment with the Communications Division of the Orange County Sheriff - Coroner Department to minimize, to the greatest extent possible, any interference with the public Safety 800 MHz Countywide Coordinated Communications System (CCCS). Similar consideration shall be given to any other existing or proposed wireless communications facility that may be located on the subject property. The applicant recognizes that the frequencies used by the cellular facility located at 20662 Newport Coast Drive 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). 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. Prior to activation its facility, the applicant shall submit to a post - installation test to confirm that "advanced planning and frequency coordination" of the facility was successful in not interfering with the City's Public Safety radio equipment. This test will be conducted by the Communications Division of the Orange County Sheriff - Coroner Department or a Division- approved contractor at the expense of the applicant. This post - installation testing process shall be repeated for every proposed frequency addition and /or change to confirm the intent of the "frequency planning" process has been met. 13. The applicant shall provide a telephone number that shall be monitored 24 hours per day to which interference problems may be reported. 14. The applicant shall provide a "single point of contact" in its Engineering and Maintenance Departments to insure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to the Newport Beach Police Department's Support Services Commander upon activation of the facility. 14 Telecommunications Facility Permit No. 2004009 Findings and Conditions of Approval Page 5 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. No advertising signage or identifying logos shall be displayed on the telecom facility except for small identification, address, warning and similar information plates. Such information plates shall be identified in the plans submitted for issuance of building permits. 21. The telecom facility shall comply with regulations and requirements of the Uniform Building Code, Uniform Fire Code, Uniform Mechanical Code and National Electrical Code. Prior to the issuance of any building, mechanical or electrical permits, drawings and structural design plans shall be submitted to the City for review by the applicable departments. All required permits shall be obtained prior to commencement of the construction. 22. 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 be suspended until the facility is modified to comply and a new report has been submitted confirming such compliance. 23. The operator of the telecom facility shall maintain the facility in a manner consistent with the original approval of the facility. 15 Telecommunications Facility Permit No. 2004 -009 Findings and Conditions of Approval Page 6 24. 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. 25. 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. 26. 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. l6 EXHIBIT NO. 3 Site Plans and Elevations )7 SOW LL AdVnNVf - ONI133W AO 31VO enp0 ¢aeo0 yodmON Z99OZ 60tr"Udl +W LAL OZVd I III $ W C O6 lilt C ff 1111 J Ua Etlaa��¢a EJ iu �„��tl��� ¢tl,� @� rat ;�ie� Eza � z O ``�� y V ~ Q LLJ U CO�'� �- ¢! 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ZL:&,L RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2004 -039 AUTHORIZING THE EXPANSION OF AN EXISTING NONCONFORMING TELECOMUNICATIONS FACILITY FOR PROPERTY LOCATED AT 20662 NEWPORT COAST DRIVE (PA- 2004 -230). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, the existing telecommunication facilities located at the Gas Recovery Systems site at 20662 Newport Coast Drive were permitted by the County of Orange consistent with zoning and land use regulations. The zoning and land use designations were changed when the property was annexed by the City of Newport Beach. The change in regulations had the unintended impact of making the existing telecommunications facilities nonconforming to Newport zoning regulations as it was the stated intent of the City to continue existing land use regulations after the annexation of the Newport Coast/Ridge area. WHEREAS, an application was filed by Danielle Brandenburg on behalf of Nextel Communications requesting approval of Use Permit No. 2004 -039 to allow the addition of new telecommunications antennae and related structures at the Gas Recovery Systems facility. WHEREAS, a public hearing was held on December 9, 2004, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. WHEREAS, the Planning Commission finds that the application will not be detrimental to the community for the following reasons: 1. The project site consists of approximately 2 acres of the 142 -acre Coyote Canyon Landfill. The vast majority of the Coyote Canyon Landfill will remain as passive open space. Therefore, the proposed use is in accord with the )objectives of the OS -P District. 2. The land use and intensity of the proposed communications facility is comparable with other land uses deemed consistent with this Recreational and Environmental Open Space designation. 3. The proposed Nextel telecommunication equipment and structure are minor expansions of existing uses on the site and they are not located near any sensitive area. The site is approximately a quarter mile from io Sage Hill School to the north and the residential development to the south. The site is also approximately an eighth mile from Newport Coast Drive and the 73 Freeway. 4. The location of the facility and its design limit the visibility of the facility. The equipment and structures will also be painted or constructed to reduce the visibility of the facility. 5. The addition of the Nextel telecommunication equipment and structures will not cause an increase in traffic on Newport Coast Drive. 6. There are no specific conditions, other than the City's Telecommunications Ordinance, which requires the approval of a Telecommunication Permit. This Use Permit is necessary prior to the issuance of a Telecommunication Permit and approval does not affect this permit requirement. NOW, THEREFORE, BE IT RESOLVED Section 1. Based on the aforementioned findings, the Planning Commission hereby approves Use permit No. 2004 -039, subject the Conditions set forth in Exhibit "A ". Section 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 9th DAY OF DECEMBER 2004. BY: Larry Tucker, Chairman M Jeffery Cole, Secretary AYES: ABSENT: NOES: -,�4 V/ NOTICE OF PUBLIC HEARING Telecommunications Facility Permit No. 2004 -009 (PA2004 -171) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will review the application of Nextel Communications for Telecom Permit No. TP2004 -009 on property located at 20662 Newport Coast Drive. The property is located in the Open Space - Passive District, and is presently developed with a gas recovery plant. The applicant requests to install a wireless telecommunications facility at the project site currently developed with a gas recovery plant The facility will consist of a total of six (6) antennae, divided equally into two (2) sectors one microwave dish two global positioning system (GPS) antennae base support equipment and a new support equipment enclosure structure. One antenna sector will be mounted 42 feet above grade and the microwave dish will be mounted approximately 40 feet above grade on an existing smokestack that is approximately 103 feet in height. The other antenna sector will be pole- mounted at 20 feet above grade and located towards the northeast corner of the Gas Recovery Plant. The desigan of the facahty will be similar with three other existing wireless telecom facilities by different carriers located on the subiect property. The application is being referred to City Council for special review to allow the antenna sector and microwave dish exceed the 28 foot maximum height limit allowed in this district. This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures). NOTICE IS HEREBY FURTHER GIVEN that said review will be held on January 11, 2005, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place the City Council may hear and consider comments from the public during its review of the application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the City Council meeting described in this notice or in written correspondence delivered to the City at or prior to, the review. For information call (949) 644 -3200. ��4e�k ( J 0H O P� LaVonne M. Harkless, City Clerk City of Newport Beach NOTICE OF PUBLIC HEARING Telecommunications Facility Permit No. 2004 -009 (PA2004 -171) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will review the application of Nextel Communications for Telecom Permit No. TP2004 -009 on property located at 20662 Newport Coast Drive. The property is located in the Open Space - Passive District, and is presently developed with a gas recovery plant. The applicant requests to install a wireless telecommunications facility at the project site currently developed with a gas recovery plant The facility will consist of a total of six (6) antennae, divided equally into two (2) sectors one microwave dish two global positioning system (GPS) antennae, base support equipment, and a new support equipment enclosure structure. One antenna sector will be mounted 42 feet above grade and the microwave dish will be mounted approximately 40 feet above grade on an existing smokestack that is approximately 103 feet in height The other antenna sector will be pole- mounted at 20 feet above grade and located towards the northeast corner of the Gas Recovery Plant The design of the facility will be similar with three other existing wireless telecom facilities by different carriers located on the subject property. The application is being referred to City Council for special review to allow the antenna sector and microwave dish exceed the 28 -foot maximum height limit allowed in this district This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures). NOTICE IS HEREBY FURTHER GIVEN that said review will be held on January 11, 2005, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place the City Council may hear and consider comments from the public during its review of the application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the City Council meeting described in this notice or in written correspondence delivered to the City at, or prior to, the review. For information call (949) 644 -3200. Cy" LaVonne M. Harkless, City Clerk City of Newport Beach Jam Free Printing www.avery.com AVERY® 51600 Use Avery® TEMPLATE 51600 1- 800 -GO -AVERY NEXTEL COMMUNICATIONS TETRA TECH COMM. IRVINE RANCH WATER DISTRICT 310 COMMERCE AVENUE ATTN: DANIELL BRANDENBURG P O BOX 57000 IRVINE, CA 92602 310 COMMERCE AVENUE IRVINE, CA 92619 IRVINE, CA 92602 CITY OF IRVINE IRVINE CO P O BOX 19575 550 NEWPORT CENTER DRIVE IRVINE, CA 92623 NEWPORT BEACH, CA 92660 PA2004 -171 for TP2004 -009 20662 Newport Coast Drive _ DATE OF MEETING - 1 -11-05 ®09L5 ®�3/�d A113AV609-008 -L ®o9L5 uvunu ®Nanv ash wootianemmm 6upupd aeja wef