HomeMy WebLinkAbout26 - Clearwire Telecommunications Facility Permit - PA2009-165CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 26
September 28, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Jaime Murillo, Associate Planner
949 - 644 -3209, jmurillo @newportbeachca.gov
SUBJECT: Clearwire Telecommunications Facility Permit (PA2009 -165)
1 Park Newport
• Telecommunications Permit No. TP2009 -013
APPLICANT: Reliant Land Services, on behalf of Clearwire
ISSUE
Clearwire is proposing to install new telecommunications antennas on the roof of a
multifamily residential building. The antennas will exceed the established height limit for
the area by 5 feet 4 inches and will be mounted on an existing Sprint/Nextel antenna
structure.
1. Conduct review; and
2. Adopt Resolution No._ approving Telecommunications Permit No. TP2009-
013, subject to findings and conditions of approval (Attachment No. CC 1).
PROJECT DESCRIPTION
Clearwire is a wireless, high speed, broadband data service provider that is proposing
to install new telecommunications antennas on the roof of a multifamily residential
building within the 1306 -unit Park Newport Apartment Complex. The installation is
considered a telecommunications (telecom) facility and requires the approval of a telecom
permit by the City.
Clearwire Telecommunications Permit- TP2009 -013
September 28, 2010
Page 2
VICINITY MAP
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Proposed Location
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GENERAL PLAN
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LOCATION
GENERAL PLAN
ZONING
CURRENT USE
ON -SITE
Multiple -Unit Residential
Park Newport Planned
1306 -unit residential
RM
Community PC -7
apartment complex
NORTH
Open Space (OS)
Open Space- Active
OS -A
Retail
SOUTH
General Commercial
Administrative,
Professional, & Financial
Service station
(CG)
APF
EAST
CG and Single -Unit
Residential Attached
gig Canyon Planned
Service station and residential
RS -A
Community (PC -8)
dwellings beyond
Single -Unit Residential
Two - Family Residential
SOUTHWEST
Detached (RS -D)
Newporter North Planned
Single -unit residential dwellings
Community PC-41
Clearwire Telecommunications Permit- TP2009 -013
September 28, 2010
Page 3
The applicant proposes to mount the new antennas on an existing antenna support
structure utilized by Sprint/Nextel, a separate wireless telecom provider. The
Sprint/Nextel facility was originally approved in March of 2000 and consists of a total of 12
antennas (divided into three sectors). The existing antennas are screened from view by an
existing equipment enclosure (screening enclosure) that is painted to blend with the
building's architecture and color palate.
Clearwire has an agreement with Sprint/Nextel, allowing them to modify and co- locate
telecom equipment to provide fourth generation (4G), high -speed wireless network
coverage for the carrier. With this application, Clearwire is proposing to replace three of
the existing four - foot -high Sprint/Nextel panel antennas with three new four - foot -high
Clearwire panel antennas, install three new two- foot -wide parabolic antennas, and
install one new global position system (GPS) antenna. The height of the proposed
antennas will be 55 feet 4 inches above ground level, consistent with the height of the
existing antennas and screening enclosure. On the ground level, one new support
equipment cabinet will be located within the existing enclosed Sprint/Nextel equipment
room. The equipment room is constructed of masonry block, consistent with color and
materials of the apartment complex's site retaining walls.
A copy of the project site plan and elevations depicting the proposed project are
attached as Attachment CC No.2. Photographic visual simulations from two different
vantage points depicting the existing and proposed conditions at the site have been
prepared by the applicant and are attached as Attachment CC No. 3.
DISCUSSION
City Council Review
Section 15.70.070.E of the Municipal Code specifies that review by City Council is
required for installation of the telecom antennas above the maximum permitted height
limit due to the potential for greater- than -usual visual or other impacts on nearby
property owners, residents, and businesses. The subject parcel is located in the 32/50
Height Limitation Zone, and the proposed antenna installation would exceed the
maximum permitted height limit of 50 feet by an additional 5 feet 4 inches. Review by
the City Council is also required because the facility is proposed to be located on a
structure zoned for multi - family use.
Proposed telecom facilities subject to review by the City Council may be approved if the
following findings can be made:
A. The approval is necessary to allow the facility to function as intended and
identified alternatives to the proposal are not feasible.
Clearwire Telecommunications Permit- TP2009 -013
September 28, 2010
Page 4
B. The approved facility will not result in conditions which are materially
detrimental to nearby property owners, residents, and businesses, or to public
health and safety.
Clearwire's wireless network relies on a series of interconnected sites (a total of 19
planned in the City) and, according to the applicant, the antennas proposed at this
location are necessary to meet the coverage objective for this area of the City. This
particular site was selected because of Clearwire's agreement with Sprint/Nextel
allowing them to modify and co- locate equipment with the carrier. Per the location and
design standards specified in Sections 15.70.50 and 15.70.060 of the Municipal Code,
roof - mounting and co- location are priority locations for the installation of new telecom
facilities. The proposed Clearwire antennas will be located behind an existing screening
enclosure and will not affect the aesthetics and use of the subject property. There are
no feasible alternative locations to construct within the vicinity without the intrusiveness
of a new antenna facility that could potentially result in negative visual impacts to the
surrounding areas by creating a proliferation of telecom sites in close proximity to each
other.
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. The proposed conditions
of approval will further ensure that the telecom 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.
Staff believes sufficient facts exist in support of each finding and has included such
facts in the attached draft resolution (Attachment No. CC 1).
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 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.
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.
Clearwire Telecommunications Permit- TP2009 -013
September 28, 2010
Page 5
Pursuant to Section 15.70.070.F.2 of the Newport Beach Municipal Code, such
notification shall not constitute a public hearing notice and non - receipt of such
notification shall in no way nullify any approval or denial of a telecom facility.
Furthermore, no public hearing is required in conjunction with review of a proposed
telecom facility. However, the City Council may hear and consider comments from the
public during its review of the application.
Alternatives
1. The City Council has the option to alter the proposed design or conditions of the
approval in order to address any specific concerns the Council or public may
have.
2. The City Council may deny the subject permit request if facts are uncovered that
are contrary to the required findings of approval.
Prepared by:
Submitted by:
Jai'me Murillo mes W. Ca pbell
Associate Planner Acting Planning Director
Attachments:
CC No. 1 Draft Resolution of Approval, including findings and conditions
CC No. 2 Project Plans
CC No. 3 Photo Simulations
Attachment No. CC 1
Draft Resolution of Approval
Findings and Conditions
i(
RESOLUTION NO.
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:
City Council Resolution No. _
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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 Cleanaire'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.
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City Council Resolution No. _
Paqe 3 of 8
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, by the following
vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MAYOR
ATTEST:
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t'
City Council Resolution No. _
Paoe 4 of 8
CITY CLERK
APPROVED AS TO FORM:
David R. Hunt, City Attorney
For the City of Newport Beach
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City Council Resolution No.
Page 5 of 8
EXHIBIT "A"
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
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City Council Resolution No. _
Paae 6 of 8
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 2614 MHz, and 2618 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 1
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
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fir;.
City Council Resolution No.
Paae 7
name telephone number, fax number and e-mail address of that person shall be
provided to the Planning Department and Newport Beach Police Department's Support
Services Commander prior to activation of the facility.
19. Appropriate information warning signs or plates shall be posted at the access locations
and each transmitting antenna. In addition, contact information (e.g. a telephone
number) shall be provided on the warning signs or plates 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
Tmpft: 04 /14/10
City Council Resolution No. _
Paae 8 of 8
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.
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Attachment No. CC 2
Project Plans
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OG35XC203
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ONE PARK NEWPORT
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5 04/08/10 INTER. COMMENTS OR
OG35XC203
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ONE PARK NEWPORT
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J
Authrmval to publish Adrertiscrrlents of all kinds including public notices by
Dccmv of the Superior Court of Orange County. California Numher A 6214.
Scptemher 29, 1961, and A -24 831 June 11. 1963.
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
I am a Citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not a
party to or interested in the below entitled
matter. I am a principal clerk of the
NEWPORT BEACH - COSTA MESA
DAILY PILOT, a newspaper of general
circulation, printed and published in the
City of Costa Mesa, County of Orange,
State of California, and that attached
Notice is a true and complete copy as
was printed and published on the
following dates:
September 18, 2010
I declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on September 24, 2010 at
Costa Mesa, California.
l'( /e-t�sto l- l/'/Jiit
Sig lure
RKFIVFD
�!o SEP 29 d� 9* 00
C'rr.,c OF
THE C.Ty CLERK
CITY 0= 1�='i'DORT BE9,;H
110MasKauffm
NOTICE IS HEREBY GIR
EN that on Traealey,
701Y0
special a nducted
in the City Council
at 3300 Re-port DOUR
-
vard. Newport Beach,
The City Council of the
City of Newport Beach
will consider the follow -
CIM Ar. Taleenwreed-
aawn lesly Pate DID
The applicant repuests a
telecommunications
(telecom) face" owned
to co -locate a new wit
less telecom facility on the
root of an existing
apartment building A total
of three t6foothqfb panel
antennas. three 2 foot
wide panbolc antennas.
and ore CPS antennas we
Proposed to be located on
the roof and within an
exisbitg screenan ando
sure currently utdued by
a separate wireless
telecom facility In ada-
bon. one cabinet will be
mstalkd within an existing
eM—I room located
on the group floe level.
The application reQrra
special review by the City
COUnGI because the Pro-
comes antennas will ea
ceed the ma•malm De-
mined height Intl of 50
feet by 5 faet 4 inches.
Special renew is also rr
pulled because the facdAY
is aoposed to be located
on a structure toned fur
mull family tae
The project a categorically
exempt under Section
15301 of the CaNPrnaa
Environmental Quality Act
I (( xtVing facades)
Gl
E
No leme puDIK hewing
shwa on re0una n cam of
Ira ProW"of tekcan h
cAdY. Hrsweree. tee GAY
Co may near and
corerde comments ham WHY
Me Wbhc during As re
new of the applKahon. NI
interested parties maY ap
pear and present testrmp
ny m reQmd to this V
pbcatiw . If you challenge
this Prodct n cant you
may be lusted to raising
only lbree r&SuRS you Pr
someone else rained at
tM City CouncA meeting
(dDepiped in this notice)
Of deice Written rthe in
Cm/. at or prior to. Oe
rmMw. The gwds, oath
,tea- ead daeeenea
vi all •
I Osesi
for Questions r.=
details of the Prolecs
plisse contact Jaime
Murio' Associate PWaw.
at (919) 64432M w at
ponegov
preled pie` Nea PPi20119
Ad" Nu TP2009013
1"" nned Park Commumly
(PC ) . new MWIWe
1.
P� Rehant Land
SwnKes. Inc. reprawltent
Ciewre
L,laC r,own.
City LWa
C4V of Newport SOKh
Published Newport Beech/
Costa Mesa pally Pilot
W~ 18. 2010 Si
NOTICE OF SPECIAL REVIEW
NOTICE IS HEREBY GIVEN that on Tuesday. September 28, 2010, at 7:00 p.m., a special review will be conducted in the City Council Chamh„
(Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application
Clearwire Telecommunications Facility Permit - The applicant requests a telecommunications (telecom) facility permit to co- locate a ner
wireless telecom facility on One roof of an existing apartment building. A total of three 4- foot -high panel antennas, three 2- foot -wide parabolic antenna
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. The application require
special review by the City Council because the proposed antennas will exceed the maximum permitted height limit of 50 feet by 5 feet 4 inches
Special review is also required because die facility is proposed to be located on a stricture zoned for multi- family use.
The project is categorically exempt under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing
Facilities).
No formal public hearing shall be required in conjunction with review of this proposed telecom facility. However, the City Council may hear an,?
consider comments from the public during its review of the application. All interested parties may appear and present testimony in regard to th
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 Cour.
meeting (described in this notice) or in written correspondence delivered to the City, at or prior to, the review. The agenda, staff report, an
documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663, or a
the City of Newport Beach website at www.newoortbeachca.gov on the Thursday prior to the hearing. For more information please
949 -644 -3204
For questions regarding details of the project please contact Jaime Munllo. Associate Planner, at (949) 644 -3209 or at jmunI1oA&npwportbeachca ,gov
Project File No.: PA2009 -165
Zone: Park Newport Planned Community (PC -7)
Location: 1 Park Newport Drive
Activity No.: TP2009 -013
General Plan: Multiple -Unit Residential (RM)
Applicant: ReliaVa Ser vices, Inc. representing Clearwire
Ler ant Srown. City Clerk
City of Newport Beach
NOTICE OF SPECIAL REVIEW
NOTICE IS HEREBY GIVEN that on Tuesday, September 28, 2010, at 7:00 p.m., a special review will be
conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City
Council of the City of Newport Beach will consider the following application:
Clearwire Telecommunications Facility Permit — The applicant requests a telecommunications (telecom)
facility permit to co- locate a new wireless telecom facility on the roof of 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. The application requires special review by the City Council because the proposed antennas
will exceed the maximum permitted height limit of 50 feet by 5 feet 4 inches. Special review is also required
because the facility is proposed to be located on a structure zoned for multi - family use.
The project is categorically exempt under Section 15301 of the California Environmental Quality Act (CEQA)
Guidelines - Class 1 (Existing Facilities).
No formal public hearing shall be required in conjunction with review of this proposed telecom facility.
However, the City Council may hear and consider comments from the public during its review of the
application. All interested parties may appear and present testimony in regard to this 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. The agenda, staff report, and documents may be reviewed at the City Clerk's
Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663, or at the City of
Newport Beach website at www.newportbeachca.gov on the Thursday prior to the hearing. For more
information please call 949 - 644 -3204.
For questions regarding details of the project please contact Jaime Murillo, Associate Planner, at (949) 644-
3209 or at jmurillona newportbeachca.gov.
Project File No.: PA2009 -165
Zone: Park Newport Planned Community (PC -7)
Location: 1 Park Newport Drive
Activity No.: TP2009 -013
General Plan: Multiple -Unit Residential (RM)
Applicant: Reliant Land Services, Inc. representing
Clearwire /
Leilani Brown , City Clerk
City of Newport Beach
NOTICE OF SPECIAL REVIEW
NOTICE IS HEREBY GIVEN that on Tuesday, September 28, 2010, at 7:00 p.m., a special review will be conducted in the City Council Chambers
(Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application:
Clearwire Telecommunicallons Facility Permit - The applicant requests a telecommunications (telecom) facility permil to co- locate a new
wireless telecom facility on the roof of 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. The application requires
special review by the City Council because the proposed antennas will exceed the maximum permitted height limit of 50 feet by 5 feet 4 inches.
Special review is also required because the facility is proposed to be located on a structure zoned for multi- family use.
The project is categorically exempt under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing
Facilities).
No formal public hearing shall be required in conjunction with review of this proposed telecom facility. However, the City Council may hear and
consider comments from the public during its review of the application. All interested parties may appear and present testimony in regard to this
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. The agenda, staff report, and
documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663, or at
the City of Newport Beach website at www newoortbeachca ciov on the Thursday prior to the hearing. For more information please call
949 -644 -3204.
For questions regarding details of the project please contact Jaime Murillo. Associate Planner, at (949) 644 -3209 or at jmurillo(a�newooribeachca acv.
Project File No.: PA2009 -165
Zone: Park Newport Planned Community (PC -7)
Location: 1 Park Newport Drive
Activity No.: TP2009 -013
General Plan: Multiple -Unit Residential (RM)
Applicant: Reliant Land Services. Inc. representing Clearwire
Leilani Brown, City Clerk
City of Newport Beach
NOTICE OF SPECIAL REVIEW
NOTICE IS HEREBY GIVEN that on Tuesday, September 28, 2010, at 7:00 p.m., a special review will be conducted in the City Council Chambers
(Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application:
Clearwire Telecommunications Facility Permit - The applicant requests a telecommunications (telecom) facility permit to co- locate a new
wireless telecom facility on the roof of 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. The application requires
special review by the City Council because the proposed antennas will exceed the maximum permitted height limit of 50 feet by 5 feet 4 inches.
Special review is also required because the facility is proposed to be located on a structure zoned for multi- family use.
The project is categorically exempt under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing
Facilities).
No formal public hearing shall be required in conjunction with review of this proposed telecom facility. However, the City Council may hear and
consider comments from the public during its review of the application. All interested parties may appear and present testimony in regard to this
application. N 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 The agenda, staff report, and
documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663, or at
the City of Newport Beach website at www.newoortbeachca.00v on the Thursday prior to the hearing. For more information please call
949 -644 -3204.
For questions regarding details of the project please contact Jaime Murillo, Associate Planner, at (949) 644 -3209 or at imuNl _newoortbeachca.aov.
Project File No.: PA2009 -165
Zone: Park Newport Planned Community (PC -7)
Location: 1 Park Newport Drive
Activity No.: TP2009-013
General Plan: Multiple -Unit Residential (RM)
Applicant: Reliant La Services Inc. representing Clearwire
Leilani Brown, City Clerk
City of Newport Beach
NOTICE OF SPECIAL REVIEW
NOTICE IS HEREBY GIVEN that on Tuesday, September 28, 2010, at 7:00 p.m., a special review will be conducted in the City Council Chambers
(Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application:
Clearwire Telecommunications Facility Permit - The applicant requests a telecommunications (telecom) facility permit to co- locate a new
wireless telecom facility on the roof of an existing apartment building. A total of three 4- foot -high panel antennas, three 2- fool -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 mom located on the ground floor level. The application requires
special review by the City Council because the proposed antennas will exceed the maximum permitted height limit of 50 feet by 5 feet 4 inches.
Special review is also required because the facility is proposed to be located on a stricture zoned for mutt-family use.
The project is categorically exempt under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing
Facilities).
No formal public hearing shall be required in conjunction with review of this proposed telecom facility. However, the City Council may hear and
consider comments from the public during its review of the application. All interested parties may appear and present testimony in regard to this
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. The agenda, staff report, and
documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663, or at
the City of Newport Beach website at www.newoortbeachea.gov on the Thursday prior to the hearing. For more information please call
949-644 -3204.
For questions regarding details of the project please contact Jaime Mun lo, Associate Planner, at (949) 644.3209 or at imunllotainewportbeachca.gov.
Project File No.: PA2009 -165 Activity No.: TP2009 -W3
Zone: Park Newport Planned Community (PC -7) General Plan: Multiple -Unit Residential (RM)
Location: 1 Park Newport Drive Applicant: Reliant La P Services,. Inc. representing Clearwire
)
�r
Let ani grown. City Clerk
City of Newport Beach
NOTICE OF SPECIAL REVIEW
NOTICE IS HEREBY GIVEN that on Tuesday, September 28, 2010, at 7:00 p.m., a special review will be conducted in the City Council Chambers
(Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application:
Clearwire Telecommunications Facility Permit - The applicant requests a telecommunications (telecom) facility permit to co- locate a new
wireless telecom facility on the roof of 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 roan located on the ground floor level. The application requires
special review by the City Council because the proposed antennas will exceed the maximum permitted height limit of 50 feet by 5 feet 4 inches.
Special review is also required because the facility is proposed to be located on a structure zoned for multi-family use.
The project is categorically exempt under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing
Facilities).
No formal public hearing shall be required in conjunction with review of this proposed telecom facility. However, the City Council may hear and
consider comments from the public during its review of the application. All interested parties may appear and present testimony in regard to this
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 lo, the review. The agenda, staff report, and
documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663, or at
the City of Newport Beach website at www.newportt>eachca.gov on the Thursday prior to the hearing. For more information please call
949- 644 -3204.
For questions regarding details of the project please contact Jaime Munllo, Associate Planner, at (949) 644 -3209 Or at jmunlloftnevmortbeachca oov.
Project File No.: PA2009 -165
Zone: Park Newport Planned Community (PC -7)
Location: 1 Park Newport Drive
Activity No.: TP2009-013
General Plan: Multiple -Unit Residential (RM)
Applicant: Reliant La Service Inc. representing clearw4re
1AA
n
Le ni grown, City Clerk
City of Newport Beach
HARBOR COVE COMMUNITY ASSOC CANYON MESA COM ASSOC
PCM MGMT CO VILLAGEWAY MGT COMPANY
23726 BIRCHER OR 200 P O BOX 4708
LAKE FOREST, CA 92630 IRVINE, CA 92616
Applicant /Carrier
Sprint /Nextel
6391 Sprint Parkway
Overland Park. KS 66251 -2650
Council District 5
1.440 Labels Occupants
27 - Owners
hicluettes facites & peter
Utillsez le gabarit AVERY® 51600
Contact
NEWPORT CENTER ASSOCIATION
No contact Information Available
Applicant/Radio Frequency Engr
Reliant Land Services Clear-wire Legacy LLC
Attn: Lucia Ortega Attn: R. Scott Torgan
1594 N. Batavia Street 17748 Sky Park Circle
Orange, CA 92867 Irvine, CA 92614
PA2009 -165 for TP2009 -011
1 Park Newpr-rt Drive
Sprun Nexlel C
r
SaA Repliez a la hachure afin do i VYMIWArjefwaOm
chargeniam r"er le rebord PopVp" ` 1.600-GO-AVERY
440 092 54
440 092 79
440 132 55 - -"
City Of Newport Beach
City Of New Beach
Co 1lvine
Po Box 17158
Po Bo 68
Newport Beach CA 92658
Nev6port Beach CA 92658
�00'000
440 251 03
440 251 04
440 251 05
Park Newpo and Ltd
Park Newport-Cand Ltd
Park Newport Land Ltd
201 Filbe t #700
201 Fib St #700
j 201 Filbert St #700
San Francisco CA 94133
San Francisco CA 94133
San Francisco CA 94133
440 251 06
440 251 08
440 361 10
Park Newpo and Ltd
Park Newport Ltd
Patricia Root
201 Filbe t #700
1 Park Newport
1619 Arch Bay Dr
San F
,r zficisco CA 94133
Newport Beach CA 92660
Newport Beach CA 92660
440 361 11
440 361 12
440 361 13
Frank Caruana
Malvin
Marc & Rebecca Trachtman
1621 Arch Bay Dr
1623 Arch Bay Dr
1625 Arch Bay Dr
Newport Beach CA 92660
Newport Beach CA 92660
Newport Beach CA 92660
440 361 14
440 361 15
440 361 16
Frank Lee Frain
Ann Davidson Anthony
Maad Okko
1627 Arch Bay Dr
1629 Arch Bay Dr
4 Dawn Ln
Newport Beach CA 92660
Newport Beach CA 92660
Aliso Viejo CA 92656
440 361 17
440 361 31
440 361 32
Starlene Licudine
Cove Community Harbor
Cove Community Harbor
1633 Arch Bay Dr
23726 Birtcher Dr
23726 Birtcher Dr
Newport Beach CA 92660
Lake Forest CA 92630
Lake Forest CA 92630
442 180 02
442 180 03
442 181 19
Erickson Indsts Inc
Co Irvine
Jeffrey Catanzarite
3861 Wisteria St
550 port Center Dr
2 Rue Chamonix
Seal Beach CA 90740
port Beach CA 92660
Newport Beach CA 92660
442 181 20
442 181 21
442 181 22
Mitchell Brent Arrington
Big Canyon Holdings LLC
John Short
39 Rue Fontainbleau
37 Ruc Fontainebleau
35 Rue Fontainbleau
Newport Beach CA 92660
Newport Beach CA 92660
Newport Beach CA 92660
442 18123
442 181 24
442 181 56
Vertical Partners LLC
Wells Fargo Series 2006 -Shll
Mesa Community Canyon
33 Rue Fontainbleau
31 Rue Fontainbleau
Po Box 7931
Newport Beach CA 92660
Newport Beach CA 92660
Newport Beach CA 92658
442 181 61
442 261 01
442 261 02
Mesa Commu anyon
Co Irvine
Terrible Herbst Inc
Po Box 79
550 Newport Center Dr
5195 Las Vegas Blvd S
Newpo each CA 92658
Newport Beach CA 92660
Las Vegas NV 89119
AFFIDAVIT OF POSTING
On �EAPI`' 2010, I posted the Notice of Public Hearing regarding:
Clearwire Telecommunications Facility Permit
Date of Hearing: September 28, 2010
Ass gT -Ar,f.
Airport Husinesx Area Integrated Conceptual Development Plan
Location: A portion o(the Airport Area that is generalh hounded by MacArthur BIvd.
Jamboree Road and Birch Street