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HomeMy WebLinkAbout2014-24 - Approving Telecommunications Permit No. TP2013-008 for a Telecommunications Facility Located at 3100 Irvine Avenue (PA2013-181)RESOLUTION NO. 2014 -24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING TELECOMMUNICATIONS PERMIT NO. TP2013 -008 FOR A TELECOMMUNICATIONS FACILITY LOCATED AT 3100 IRVINE AVENUE (PA2013 -181) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by PlanCom, Inc. on behalf of Verizon Wireless, with respect to property located at 3100 Irvine Avenue, legally described as Lot 148 in Block 5 of Tract No. 361, requesting approval of a Telecommunications (Telecom) Permit pursuant to Chapter 15.70 of the Newport Beach Municipal Code. 2. The applicant proposes to construct a 65 -foot -tall monopole at the Newport Beach Golf Course that will replace and function as a driving range netting support post, housing six, 6 -foot -tall panel antennas and a two -foot in diameter microwave dish. The proposed telecom facility support equipment will be ground mounted and enclosed behind a new eight - foot -high slump stone wall near the monopole along Mesa Drive. 3. The subject property is located within the Parks and Recreation (PR) land use category of the General Plan and the Santa Ana Heights Specific Plan (SP -7) zoning district and designated for Open Space /Recreational (OSR) land uses. 4. The subject property is located within the Nonresidential, Nonshoreline Height Limit Area, which limits the maximum height of structures to 50 feet. The proposed monopole would exceed the permitted height limit by 15 feet. 5. The subject property is not located within the coastal zone. 6. Pursuant to Municipal Code Section 15.70.050.A.2, Special Review by City Council was held on February 12, 2013, in the City Hall Council Chambers, 100 Civic Center Drive, 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 pursuant to the State California Environmental Quality Act (CEQA) Guidelines under Class 3 (New Construction or Conversion of Small Structures). Class 3 allows the installation of small new equipment and facilities in small structures. The proposed project involves the installation of six panel antennas within a 65- foot -tall monopole that will replace an existing driving range netting support post and support equipment that will be ground mounted and enclosed behind a new eight- foot -high slump stone wall near the monopole along Mesa Drive. City Council Resolution No. 201424 Page 2 of 8 SECTION 3. REQUIRED FINDINGS. In accordance with Chapter 15.70 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Ems A. The approval is necessary to allow the facility to function as intended and identified alternatives to the proposal are not feasible. Facts in Sup port of Finding: 1. The proposed telecom facility is designed to integrate into the Newport Beach Golf Course driving range by means of replacing an existing vertical netting support post. The site is viable in balancing the needs for radio frequency (RF) coverage and capacity while keeping a significant distance from residential areas. 2. The application includes documentation indicating a need to provide and improve coverage within the Santa Ana Heights area of the City that will eliminate gaps, enhance existing coverage, and provide a capacity increase in the voice and data system to the surrounding area. 3. The area is difficult to service because of the limited opportunities in the area to construct telecom facilities. Acceptable site locations near the subject site were either unwilling or unable to accommodate the project and a significant amount of the target area is residentially zoned where telecom facilities are precluded from locating by the Zoning Ordinance. The applicant initially identified several alternate roof top locations and evaluated the potential of each location to meet code requirements and coverage objectives. The alternate locations were either architecturally not conducive, too low in height, or the property owner was not interested. Additionally, three other co- location sites suggested by staff were determined not feasible because they did not meet the telecom carrier's coverage objectives or provide the available space to accommodate an additional telecom facility. 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: 1. The subject parcel is located within the Nonresidential, Nonshoreline Height Limit Area, which limits the maximum height of structures to 50 feet. As proposed, the monopole is 65 feet tall exceeding the height limit by 15 feet. The telecom facility as proposed will function and replace an existing 65- foot -tall netting support post which will mimic the adjacent netting support poles along Mesa Drive. Therefore, the requested increase in height will be compatible with the existing heights of structures City Council Resolution No. 2014 -24 Page 3 of 8 in the area and should not have negative visual impacts on nearby property owners, residents, and businesses. 2. The antennas are proposed to be concealed, within a new netting support post's exterior steel walls creating a stealth design. Although the proposed microwave dish is affixed to the outer surface of the monopole, the microwave dish is positioned to face north away from Mesa Drive to reduce visibility from the public right -of -way. Per the Code, new or existing "stealth" structures are priority locations for the installation of new telecom facilities. 3. The southwest corner of the driving range netting was purposely chosen for the location of the proposed monopole because of the monopole's larger diameter compared to the existing netting support posts. 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 corner location reduces the proposed monopole's visibility from Mesa Drive and allows the adjacent netting support posts to continue the existing symmetrical visual balance as seen from Mesa Drive. 4. The proposed support equipment will be ground mounted and enclosed behind a new eight - foot -high slump stone wall located unobtrusively near the monopole along Mesa Drive. The proposed slump'stone wall will be planted with ivy along the perimeter to blend with the surrounding landscaping and to match the existing slump stone wall to the east. 5. Installing the facility at an alternative location could result in negative visual and aesthetic impacts on nearby property owners, residents, and business owners because it would require the installation of a new freestanding facility that may not be stealth or blend as well with the surrounding environment. 6. 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. 7. 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. 8. The proposed facility is not located in an area adjacent to a coastal view road or public coastal view point 9. 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. City Council Resolution No. 2014 -24 Paoe 4 of 8 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The City Council of the City of Newport Beach hereby approves Telecom Permit No. TP2013 -008, subject to the conditions set forth in "Exhibit A ", which is attached hereto and incorporated by reference. 2. This resolution was approved and adogted at a regular meeting of the City Council of the City of Newport Beach, held on the 11 day of March, 2014. ATTEST: ( )- L �- "� MAYOR 4;-. k^ CITY CLERK City Council Resolution No. 2014 -24 Page 5 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved plot plan, antenna and equipment plans, elevations, and photographic simulations, except as noted in the following conditions. 2. 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 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. 5. 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. 6. The design of the monopole and associated equipment shall comply with the wind and seismic provisions per ASCE7 -10. 7. A soils report shall be prepared and submitted in conjunction with the construction drawings for the monopole's foundation system. 8. Fire Department approval shall be obtained for containment provisions for battery systems. 9. 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. 10. Any equipment attached to the monopole shall be painted to match the exterior finish of the monopole. 11. No portion of the antennas, associated equipment, or mounting structures shall protrude beyond the monopole. City Council Resolution No. 2014 -24 Page 6 of 8 12. Prior to final approval of building permits, the Planning Division shall conduct an on- site inspection to ensure the texture, materials, and colors complement the existing netting support posts as approved and to the satisfaction of the Planning Division. 13. 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 Community Development Director. 14. Prior to final inspection of building permits, 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. 15. 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. 16. The applicant shall provide a "single point of contact" in its Engineering and Maintenance Departments that is monitored 24 hours per day to ensure continuity on all interference issues, and to which interference problems may be reported. The name, telephone number, fax number, and e -mail address of that person shall be 17. 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. 18. 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. 19. The applicant recognizes that the frequencies used by the cellular facility located at 3100 Irvine Avenue 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). 20. Prior to final approval of building permits, the applicant shall prune the two Washingtonia Robusta Palms (Mexican Fan) that abut the public right -of -way along Mesa Drive. Pruning shall include the removal of the petticoat (dead fronds) that hang City Council Resolution No. 2014 -24 Page 7 of 8 around the tree trunk, skin the dead frond attachments up to the top of the palm, and trim the head of the palm and remove all fruit, flowers, and inflorescence 21. 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. 22. 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. 23. 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. 24. In case of damage done to public improvements surrounding the site by the private construction, additional reconstruction within the public right -of -way may be required at the discretion of the Public Works Inspector. 25. The storage of all project related equipment during construction shall be on -site and outside the public right -of -way. 26. An approved encroachment permit is required for all work activities within the public right - of -way. 27. All work in the public right -of -way shall conform to the requirements of Chapter 13.20 of the City's Municipal Code. 28. Prior to issuance of an Encroachment Permit, the Telco point of connection and total length of trench along Mesa Drive shall be determined. 29. The applicant shall provide full -panel sidewalk repairs per City Standard 180 -L for the telco trench which proceeds along the sidewalk adjacent to Mesa Drive. 30. The operator of the telecom facility shall maintain the facility in a manner consistent with the original approval of the facility. 31. 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. City Council Resolution No. 2014 -24 Paqe 8 of 8 32. The applicant shall ensure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of the applicant to comply. 33. 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 site. 34. 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 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 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 may require the operator to apply for a modification of the original telecom permit and obtain the modified telecom permit prior to implementing any change. 35. 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. 36. This approval shall expire unless exercised within 24 months from the date of approval. 37. 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 Newport Golf Course Telecommunication Facility located at 3100 Irvine Avenue, including but not limited to TP2013 -008 (PA2013 -181). 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. STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } 1, Leflani 1. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2014 -24 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 11 1h day of March, 2014, and that the same was so passed and adopted by the following vote, to wit: Ayes: Gardner, Petros, Selich, Curry, Henn, Mayor Hill Nays: None Recused: Daigle IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 12 h day of March, 2014. City Clerk Newport Beach, California {Seal}