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HomeMy WebLinkAboutPC2019-028 - APPROVING CUP UP2018-005 AND CDP CD20018-004 FOR TELECOM AT 1600 NCD RESOLUTION NO. PC2019-028 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. UP2018-005 AND COASTAL DEVELOPMENT PERMIT NO. CD2018-004 FOR THE CONSTRUCTION OF ONE MONO-EUCALYPTUS AND ASSOCIATED EQUIPMENT ENCLOSURE FOR A WIRELESS TELECOMMUNICATIONS FACILITY LOCATED AT 1600 NEWPORT CENTER DRIVE (PA2018-010) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Peter J. Blied of Plancom, Inc., on behalf of Verizon Wireless ("Applicant"), with respect to property located at 1600 Newport Center Drive, legally described as Parcel 3 of Parcel Map No. 94-102, filed in Book 316 ("Property"), requesting approval of a conditional use permit ("CUP") and a coastal development permit ("CDP") related to the construction of a new wireless telecommunications facility. 2. The Applicant proposes to install 12 panel antennas, 12 radio units and three (3) raycaps on a new 43.5-foot-high telecommunications facility designed to resemble a eucalyptus tree (mono-eucalyptus) for Verizon Wireless, and the associated telecom facility support equipment will be ground-mounted and screened within a new 225 square foot enclosure ("Project"). 3. The Property is located within the General Commercial Office (CO-G) land use category of the General Plan and the Corporate Plaza West Planned Community (PC-40) Zoning District and designated for business, professional, and commercial land uses within PC- 40. 4. The Property is located within the coastal zone. The Coastal Land Use Plan category is CO-G and the Property is located within the PC-40 Coastal Zoning District. 5. PC-40 limits the maximum height of structures to 32 feet provided the structure extends no higher than the extension of the sight plane limit of 44 feet established by the Corporate Plaza West Planned Community District Regulations, commonly referred to as the "Civic Center Sight Plane Ordinance" ("Sight Plane"). 6. The Planning Commission may approve telecom antennas up to 15 feet above the base height limit, provided the required findings can be met. The 43.5-foot-tall mono- eucalyptus would exceed the permitted height limit by 11.5 feet but is compliant with the Sight Plane height standard of 44 feet. Planning Commission Resolution No. PC2019-028 Page 2 of 16 7. Because this Project is located within the Coastal Zone, the Applicant is required to obtain a coastal development permit consistent with the provisions of the City's Local Coastal Program. 8. A public hearing was held on September 19, 2019, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapters 20.62 and 21.62 of the Implementation Plan set forth in Title 21 of the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project is categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. Class 3 allows construction of new, small facilities or structures, and installation of small new equipment and facilities in small structures. In this case, the Project involves the installation of one 43.5-foot-tall mono-eucalyptus to accommodate 12 panel antennas, 12 radio units and three (3) raycaps for Verizon Wireless. The associated telecom support equipment will be ground-mounted and screened behind a new 225-square-foot enclosure that will be architecturally compatible and landscaped to screen the facility. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The Project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste Property, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. Conditional Use Permit In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan. Planning Commission Resolution No. PC2019-028 Page 3 of 16 Facts in Support of Finding: 1. The Property is located within the CO-G land use designation in the Land Use Element of the General Plan. The CO-G designation is intended to provide for administrative, professional, and medical offices with limited accessory retail and service uses. The existing office uses and surface parking areas are consistent with these designations and the proposed telecommunications facility is accessory to the office use providing wireless telecommunications services to nearby employees, visitors, and residents. 2. The Project Property is not in a specific plan area. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The Property is located within the PC-40 Zoning District and PC-40 Coastal Zoning District. This area is intended to permit a combination of business and professional office uses, and light general commercial activities engaged in the sale of products to the general public. The proposed telecom facility is considered an ancillary structure that is accessory to the primary office uses within Corporate Plaza West. 2. Wireless telecommunications facilities are regulated by Chapter 20.49 (Wireless Telecommunications Facilities) and Chapter 21.49 (Wireless Telecommunications Facilities) of the NBMC. Both Chapters identify freestanding wireless telecommunications facilities as a Class 4 (Freestanding Structure) installation, which is permissible subject to the approval of a conditional use permit and a coastal development permit. Sections 20.49.040(B) and 21.49.040(B) (Telecom Facility Preferences and Prohibited Locations) of the NBMC, list certain prohibited locations and the proposed facility is not within a prohibited location. 3. Sections 20.49.040(A) and 21.49.040(A) of the NBMC, prioritize wireless telecommunication facilities as follows: (1) Collocation of a new facility at an existing facility; (2) Class 1 (Stealth/Screened); (3) Class 2 (Visible Antennas), Class 3 (Public Right-of-Way); and (4) Class 4 (Freestanding Structure). Although lower on the listing of priority facilities, the Project is designed not to visually dominate the surrounding area and instead blend into the office park environment. 4. The Project will comply with applicable requirements of the NBMC with construction as shown on the Project plans and implementation of the conditions of approval. Finding.- C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Planning Commission Resolution No. PC2019-028 Page 4 of 16 Facts in Support of Finding: 1. The Project will be located in an existing landscape planter area within the parking lot of an existing office complex and consists of a single mono-eucalyptus designed to screen the attached equipment. Ten (10) additional trees will be planted adjacent to the monoeucalyptus to help it blend in with its surroundings. 2. The associated support equipment will be ground-mounted adjacent to the mono- eucalyptus behind eight (8)-foot-high masonry walls. The 225-square-foot equipment enclosure will be constructed of the same architectural materials and colors as other nearby existing structures. Twenty-three (23) shrubs are proposed around the permimeter of the enclosure to help further blend and screen the facility. 3. The Project will be unmanned, have no impact on the circulation system, and, as conditioned, will not generate noise, odor, smoke, or any other adverse impacts to adjacent land uses. 4. The Project will enhance coverage and capacity for residents, visitors and businesses in the area by providing wireless access to voice and data transmission services. The Project will not result in any material changes to the character of the local community. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. Adequate public and emergency vehicle access, public services, and utilities are provided to and around the Property and the Project will not change this. 2. The Project will be unmanned, and will have no impact on the circulation system or adjacent land uses. 3. The Public Works, Police, and Fire Departments, and the Building Division have reviewed the Project and do not have any concerns regarding access, public services, or utilities provided to the existing neighborhood and surrounding area. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Planning Commission Resolution No. PC2019-028 Page 5 of 16 Facts in Support of Finding: 1. The Project will require only periodic maintenance and will not generate any type of adverse impacts to the environment, such as noise, odor, smoke, etc. 2. The Project 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 Project will be effectively screened based upon the proposed design and location, and subject to the incorporation of the conditions of approval. As a result, the proposed facility will not result in conditions that are materially detrimental to nearby property owners, residents or businesses, nor to public health or safety. Wireless Telecommunications Facility General Findings In accordance with Subsection 20.49.060(H)(1) (General Findings for Telecom Facilities) of the NBMC, the following additional findings and facts in support of such findings are set forth: Finding: F. The proposed telecom facility is visually compatible with the surrounding neighborhood. Facts in Support of Finding: 1. The Project has been designed to visually blend into the surrounding office complex. The Corporate Plaza West planned community consists of four(4) office buildings, three (3) of which match architecturally with respect to color, finish, reveal patterns, and cornices. These share a common parking lot that is heavily landscaped with mature trees and shrubs. The proposed mono-eucalyptus and equipment enclosure have been designed to blend with the surrounding buildings and landscape. Ten (10) new trees and twenty-three (23) additional shrubs will be planted adjacent to the facility to further screen and help it blend into the surrounding environment 2. The nearest residential property and public park is approximately 440 feet south of the Property. These uses are buffered by East Coast Highway, landscaped parkways and intervening office buildings and parking lot improvements. The second nearest residential community of Granville is located approximately 600 feet to the north of the Property and is buffered by the intervening tennis court complex and parking lot improvements. Finding: G. The proposed telecom facility complies with height, location and design standards, as provided for in this chapter. Planning Commission Resolution No. PC2019-028 Page 6 of 16 Facts in Support of Finding: 1. Telecom antennas up to 15 feet above the maximum height limit may be approved provided the required findings can be met. The proposed 43.5-foot-tall mono-eucalyptus would exceed the permitted height limit by 11.5 feet but is compliant with the Sight Plane height standard of 44 feet. 2. The Property's location is a commercial office complex where adverse impacts to surrounding land uses are minimized to the greatest extend feasible. 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 Property is located in a commercial office complex away from residential districts and public park facilities. The closest residential uses and park and public facility (Irvine Terrace) are located approximately 440 feet to the south of the Property. The design of the Project is intended to minimize its visibility to surrounding development, as well as to pedestrians and vehicle traffic on East Coast Highway and Newport Center Drive. 2. The application includes documentation supporting the need to provide and improve coverage to the residential and commercial areas bounded by Avocado Avenue, Bayside Drive, Ramona Drive, and along East Coast Highway and Newport Center Drive. Moreover, the additional system capacity provided by the proposed facility will address service gaps that occur during high demand periods as well as service gaps that exist at all demand periods to the surrounding area. The proposed 43.5-foot height is essential for the telecommunications carrier to meet cellular coverage and capacity objectives for the area. 3. Based upon the application, the Property is viable in balancing needs for radio frequency ("RF") coverage and capacity, while keeping a significant distance from single-family residential areas. 4. The area is difficult for Verizon Wireless to service because of the limited opportunities in the area to construct telecom facilities. A significant amount of the target area is zoned for single-family residential where the Zoning Ordinance precludes telecom facilities. 5. Verizon Wireless' radio frequency engineers have determined that additional system capacity is needed within the vicinity and that no co-location opportunities exist within 1,000 feet of the search area. Planning Commission Resolution No. PC2019-028 Page 7 of 16 Finding: L 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. Facts in Support of Finding: 1. Alternative location designs were considered identifying higher priority locations, including public right-of-ways, co-locations, roof mount and building fagade locations, installation on existing commercial signs, and construction of slim-line monopoles. 2. Public right-of-way opportunities were considered; however, the RF engineer determined that antennas installed on streetlights would be too low in height to meet the coverage objective, would require substantial structural work or pole replacement, and could not accommodate the number of antennas needed to meet system requirements. 3. An initial proposal for this coverage area was to install panel antennas on building rooftops; however, the height of the roof mount antennas would have exceeded the maximum height allowed by the established Sight Plane. Installation of the antennas onto building fagades would yield antenna heights too low, resulting in blocked signals. 4. Consideration was given to an installation in the commercial buildings southeast of the Property and at the two (2) existing Fashion Island/Newport Center entry signs located on Newport Center Drive north of East Coast Highway. It was concluded that the commercial buildings were outside the RF engineer's search boundary and due to the orientation of the two (2) entry sign structures, insufficient signal propagation would result. 5. The property owner (Irvine Company) was initially not supportive of a faux tree design and directed the Applicant to proceed with a slim line monopole design. The monopole design presented at the May 17, 2018 hearing, was determined by the Planning Commission to be aesthetically inappropriate at this location. Wireless Telecommunications Facility Findings to Increase Height In accordance with Subsection 20.49.060(H)(2) and Section 21.49.050(C) of the NBMC, the following additional findings and facts in support of such findings are set forth: Finding: J. The increased height will not result in undesirable or abrupt scale changes or relationships between the proposed telecom facility and existing developments or public spaces. Planning Commission Resolution No. PC2019-028 Page 8 of 16 Facts in Support of Finding: 1. The proposed mono-eucalyptus is compliant with the established Sight Plane. 2. The proposed mono-eucalyptus is located approximately 278 feet north of East Coast Highway towards the rear portion of the Property and is surrounded by several commercial buildings, accessory structures, tennis courts, and foliage. The mono- eucalyptus may be briefly visible by passersby from East Coast Highway, however due to the distance, location, color, and the existing and proposed foliage surrounding the facility, it will not be visually prominent nor attract visual attention. 3. The ground-mounted support equipment will be located behind eight(8)-foot-high masonry walls adjacent to the monopole. The 225 square foot equipment enclosure will be constructed with the same architectural materials and colors as existing nearby structures. The Project also includes the planting of ten (10)trees and twenty-three(23) shrubs around the proposed facility to help blend the facility with its surroundings. Finding: K. Establishment of the telecom facility at the requested height is necessary to provide service. Facts in Support of Finding: 1. Verizon Wireless' radio frequency engineers have determined that coverage gap exists for cellular customers in this area. The additional system capacity will address service gaps that occur during regular and high demand periods, and will benefit the community by enhancing the existing coverage and capacity to increase the voice and data system already in use by their customers. 2. The increased height of 43.5 feet will enhance cellular coverage and capacity to nearby roadways, and residential and commercial neighborhoods. Because signal propagation follows a line-of-sight pattern, a proposal at a lower elevation would result in blocked signals due to the existing approximately 32-foot-tall commercial office buildings. Coastal Development Permit In accordance with NBMC Subsection 21.52.015(F) (Coastal Development Permits, Findings and Decision), the following findings and facts in support of such findings are set forth: Finding: L. Conforms to all applicable sections of the certified Local Coastal Program. Planning Commission Resolution No. PC2019-028 Page 9 of 16 Facts in Support of Finding: 1. The Property is located within the PC-40 Coastal Zoning District. This area is intended to permit a combination of business and professional office uses, and light general commercial activities engaged in the sale of products to the general public. The proposed telecom facility is considered an ancillary structure that is accessory to the primary office uses within Corporate Plaza West. 2. Chapter 21.49 (Wireless Telecommunications Facilities) of the NBMC Local Coastal Program Implementation Plan, regulates wireless telecommunication facilities within the coastal zone and identifies freestanding wireless telecommunications facilities as a Class 4 (Freestanding Structure) installation, which is permissible subject to the approval of a coastal development permit. 3. Section 21.49.040 (Telecom Facility Preferences and Prohibited Locations) of the NBMC, prioritizes wireless telecommunication facilities as follows: (1) Collocation of a new facility at an existing facility; (2) Class 1 (Stealth/Screened); (3) Class 2 (Visible Antennas), Class 3 (Public Right-of-Way); and (4) Class 4 (Freestanding Structure). Although lower on the listing of priority facilities, the proposed freestanding mono- eucalyptus is designed to not visually dominate the surrounding area and instead to blend in with its surroundings. Section 21.49.040(B) of the NBMC, lists certain prohibited locations and the proposed facility is not a prohibited location. 4. Section 21.49.050 (General Development and Design Standards) of the NBMC, establishes design standards and criteria to minimize the visual impact of facilities by means of location, placement, height, screening, landscaping, and compatibility. The Project is consistent with these standards as follows: a. Design and Screening Techniques -_The Project is located on the inland side of East Coast Highway, approximately 2,000 feet inland of the Newport Bay. The Project will be located in an existing landscape planter within the parking lot of a corporate office complex. The existing landscape planter area is not used for pedestrian access or recreation. Ten (10) new trees and twenty-three (23) additional shrubs will be planted to screen the facility. The equipment enclosure incorporates materials that mimic the color and finish of nearby existing structures. The Project as designed will be compatible with the character and scale of the surrounding area and will not result in a significant change or adverse impact to the visual quality of the coastal zone. b. Location - The Property is located within a developed commercial office site. Adjacent open space areas (i.e., Newport Beach Country Club Golf Course and Irvine Terrace Park) are developed recreational facilities that contain no sensitive habitats. The Project will not therefore result in significant disruption of sensitive habitat. c. Height - The Project is located outside the City's Shoreline Height Limitation Zone, however PC-40 limits the maximum height of structures to 32 feet. The Planning Commission Resolution No. PC2019-028 Page 10 of 16 Corporate Plaza West Planned Community District Regulations further includes a sight plane height limit of 44 feet, commonly referred to as the "Civic Center Sight Plane Ordinance" ("Sight Plane"). The 43.5-foot-tall mono-eucalyptus will exceed the base height limit by 11.5 feet but is six(6) inches below the Sight Plane height standard. The Planning Commission may approve telecom antennas up to 15 feet above the base height limit, provided the required findings in Section 20.49.060(H) are met. See Facts in Support of Findings J and K. d. Public View Protection - Although the mono-eucalyptus may be visible from adjacent areas, it will not block or impact public coastal views from surrounding designated public viewpoints as demonstrated by photographic view simulations. The Project will not contribute significantly to existing coastal view impacts because of the distance from Newport Center Drive and the fact that the view is already impacted by office development, light poles, trees, and other similar vertical obstructions. The height of the proposed screening trees has been conditioned to be maintained at or below a height of 32 feet to minimize unintended public view impacts in the future. Finding: M. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the Project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Fact in Support of Finding: 1. The Property is not located between the nearest public road and the sea or shoreline; the Project will not affect the public's ability to gain access to, use, and/or view the coast and nearby recreational facilities. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby finds this Project categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2018-005 and Coastal Development Permit No. CD2018-004, subject to the conditions set forth in Exhibit"A," which is attached hereto and incorporated by reference. 3. 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 City Clerk in accordance with the provisions of NBMC Title 20 Planning and Zoning and NBMC Title 21 Local Coastal Program. Final action taken by the City may be appealed to the Coastal Planning Commission Resolution No. PC2019-028 Page 11 of 16 Commission in compliance with Section 21.64.035 of the City's certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 19TH DAY OF SEPTEMBER, 2019. AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and Weigand NOES: ABSTAIN: ABSENT: BY: et r an B Lee ow e re7a ry Planning Commission Resolution No. PC2019-028 Page 12 of 16 EXHIBIT "A" CONDITIONS OF APPROVAL (Project specific conditions in italics) PLANNING DIVISION 1. The development shall be in substantial conformance with the approved plot plan, antenna and equipment plans, elevations, landscape plans, and photographic simulations, except as noted in the following conditions. 2. The telecom facility approved by this permit shall comply with all applicable rules, regulations, and standards of the Federal Communications Commission ("FCC") and the California Public Utilities Commission ("CPUC"). 3. The telecom facility approved by the permit shall comply with any easements, covenants, conditions, or restrictions on the underlying real property upon which the facility is located. 4. Anything not specifically approved by this permit is not permitted and must be addressed in a separate and subsequent Telecom Permit review. 5. No portion of the global positioning system ("GPS') antennas, associated equipment, or mounting structures shall protrude beyond or above the eight(8)-foot-high masonry wall. 6. The mono-eucalyptus approved by this permit shall not exceed the maximum elevation height of 145.6 feet using North American Vertical Datum of 1988 (NA VD 88). A Height Certification Inspection shall be required prior to final of building permits. 7. The Applicant shall continually maintain the wireless telecom facility so that it retains its original appearance at the time the building permit is finalized by the City of Newport Beach. 8. The height of the ten (10) screening trees shall not exceed a maximum height of thirty-two (32) feet to minimize potential future public view impacts as viewed from surrounding coastal view roads. 9. On an annual basis, Applicant shall conduct maintenance inspections of the wireless telecom facility, including the mono-eucalyptus, equipment enclosure areas and walls, landscape screening, and irrigation systems, and make all necessary repairs. The Community Development Director may require additional inspections and/or maintenance activities at his/her discretion. 10. 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. Planning Commission Resolution No. PC2019-028 Page 13 of 16 11. 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. 12. 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. 13. The Applicant recognizes that the frequencies used by the cellular facility located at 1600 Newport Center 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 FCC. 14. The Applicant shall provide a "single point of contact" in its Engineering and Maintenance Department 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. If the point of contact changes, the City shall be alerted and updated immediately. 15. 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. 16. 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. 17. The telecom facility shall not be lighted except as deemed necessary by the Newport Beach Police Department for security lighting or proper maintenance of light on a United States flag in accordance with the U.S Flag Code (4 U.S.C. § 1, et seq.). 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. 18. At all times, the operator for Verizon Wireless 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. Planning Commission Resolution No. PC2019-028 Page 14 of 16 Said information shall be made available by the operator upon request at the discretion of the Community Development Director. 19. Prior to final of building permits, the Applicant shall schedule an inspection by the Planning Division to ensure materials and colors match existing architecture as illustrated in the approved photographic simulations and in conformance with Municipal Code.Sections 20.49.050 and 21.49.050, and that the landscaping has been installed per the approved plans, to the satisfaction of the Planning Division. 20. 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. 21. The Applicant shall ensure that lessee or other user(s) 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. 22. Any operator who intends to abandon or discontinue use of a telecom facility must notify the Planning Division 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 Property. 23. The City reserves the right and jurisdiction to review and modify any permit approved pursuant to Chapters 20.49 and 21.49 of the NBMC, including the conditions of approval, based on changed circumstances. The operator shall notify the Planning Division of any proposal to change the height or size of the facility; increase the size, shape, or number of antennas; change the facility's color or materials or location on the Property; 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. 24. This permit may be modified or revoked by the Planning Commission or City Council, as applicable, should they determine that the facility or operator has violated any law regulating the telecom facility or has failed to comply with the requirements of Chapters 20.49 and 21.49 of the NBMC, or this approval. 25. Conditional Use Permit No. UP2018-005 and Coastal Development Permit No. CD2018- 004 shall expire unless exercised within 24 months from the date of approval as specified in NBMC Section 20.91.050 and Section 21.54.060, unless an extension is otherwise granted. 26. Prior to the issuance of a building permit, the Applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought-tolerant plantings and water-efficient irrigation practices, and the plans shall be approved by the Planning Division. Planning Commission Resolution No. PC2019-028 Page 15 of 16 27. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 28. Prior to the issuance of a building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 29. Construction activities shall comply with Section 10.28.040 of the NBMC, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday and 8 a.m. and 6 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 30. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 31. 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 Verizon Mono-Eucalyptus Telecommunications Facility including, but not limited to Conditional Use Permit No. UP2018-005 and Coastal Development Permit No. CD2018-004 (PA2018-010). 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. Planning Commission Resolution No. PC2019-028 Page 16 of 16 FIRE DEPARTMENT 32. Storage of batteries must comply with California Fire Code Section 608, Stationary Storage Battery Systems. 33. Manufacturer's specifications for any generators will be required with plan review. Generator shall be installed as per manufacturer's specifications and comply with California Fire Code Section 601. BUILDING DIVISION 34. 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. 35. 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. 36. The design of the mono-eucalyptus and associated equipment shall be designed to conform to ASCE 7-10 for wind and seismic consideration for windscreen and anchorage of the equipment. 37. A soils report shall be prepared and submitted in conjunction with the construction drawings for the mono-eucalyptus' foundation system. 38. The mono-eucalyptus and its appendages shall comply with the required fire separation distance per Section 602 of the California Building Code or provide fire rated construction as required. PUBLIC WORKS DEPARTMENT 39. In case of damage done to public improvements surrounding the Property by private construction, additional reconstruction within the public right-of-way may be required at the discretion of the Public Works Department. 40. The storage of all Project-related equipment during construction shall be on Property and outside the public right-of-way. 41. An approved encroachment permit shall be required for all work activities within the public right-of-way or easement areas.