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HomeMy WebLinkAbout2011-16 - Telecommunications Facility at 38 Ridgeline DrRESOLUTION NO. 2011 -16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING TELECOMMUNICATIONS PERMIT NO. 2010 -005 FOR A TELECOMMUNICATIONS FACILITY LOCATED AT 38 RIDGELINE DRIVE (PA2010 -046) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Mesa Consolidated Water District, with respect to property located at 38 Ridgeline Drive, legally described as Irvine Subdivision, Block 98, Lot 466, requesting approval of a Telecommunications (Telecom) Permit. 2. The applicant proposes to upgrade their existing third party communications system with a Supervisory Control and Data Acquisition (SCADA) system. The system would consist of a new standard monopole with antenna and support equipment attachments, including a yagi antenna, an omni antenna, two solar panels, and an equpiment cabinet with base support equpiment. The overall antenna array is proposed at a maximum height of 30 feet and the new standard monopole is approximately 26.5 feet in height and 3 inches in diameter. 3. The subject property is located within the Public Facilities (PF) Zoning District and the General Plan Land Use Element category is Public Facilities (PF). 4. Pursuant to Municipal Code Sections 15.70.050.B.2 and 15.70.070.F.1.b, a Special Review by City Council was held on January 25, 2011, 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. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures). Class 3 allows the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. SECTION 3. REQUIRED FINDINGS. 1. Applications subject to special review may be approved by City Council if it makes the specified findings pursuant to Section 15.70.050.8.2 and Section 15.70.070.F.3 of the Newport Beach Municipal Code. The City Council hereby finds that the evidence provided by the applicant, both written and oral, presented to, and considered by the City Council, does support such findings, as set forth below: Finding: A. Higher priority locations are either not available or are not feasible. Facts in Support of Finding: A -1. Although higher priority locations exist, there are negative visual impacts, such as taller antennas or the proliferation of antennas, associated with those locations. A -2. The proposed location and design was determined to be safest, most reliable, cost effective solution for the facility given its desired function and the topography of the area. A -3. Locating the facility on any one of the existing higher priority locations would require Mesa to use a leased phone line system, which could serve as a potential liability in operating the distribution system specifically in case of emergency, vandalism, accidents or outside threats to the safety and security of the water system. A-4. The proposed telecommunications facility is located on private property. Finding: B. Establishment of a facility on a new standard monopole or lattice tower is necessary to provide service. Facts in Support of Finding: B -1. The applicant indicates that the proposed facility is vital to the operation and maintenance of the water distribution system as it is a major point to collect and send the SCADA data. Establishing the facility on a new pole at this site will allow Mesa to upgrade, operate, and maintain their system without relying on a third party or leased telephone lines. B -2. The location of several turnouts on Mesa's transmission pipeline for the operation of their water system makes sending a signal directly from the turnout points to the backbone distributed antenna system (DAS) difficult without extremely tall antennas. In lieu of tall antenna's, Mesa determined that lower antenna's directed toward the proposed new standard monopole site would be the least intrusive and most economical. Finding: C. Lack of such a facility would result in a denial of service. Facts in Support of Finding: C -1. Mesa requires a telecommunications system to manage and deliver water and water - related services to its customers. They could continue to operate the water system as it currently does using leased phone lines. However, the potential liability of relying on third party communication would still exist in the cases of emergency, vandalism, or accidents, which could threaten the safety and security of the water system. Finding: D. 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: D -1. No other locations within the immediately surrounding area would be able to provide the technical coverage objective afforded by the project site due to the topography of the area. D -2. No other site within the vicinity allows Mesa the ability to independently operate and maintain its system without relying on third party communications. D -3. Establishing the proposed facility on an alternative site will not allow the system to function as intended and could result in the need for taller antennas at other sites, thereby increasing the potential for negative visual impacts in those locations. Finding: E. 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: E -1. The proposed facility would not be detrimental to the character of the nearby neighborhood nor have an effect on public streetscapes, or scenic ocean and coastal views because the facility will be located in a valley below the San Joaquin Reservoir dam, where there are no scenic ocean or coastal views. E -2. The facility will be unstaffed, require only periodic maintenance, and not generate noise, odor, smoke, or other adverse impacts to the environment as these effects are not typical of these types of facilities. E -3. The 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. E -4. The proposed installation has been approved by the property owner, Irvine Ranch Water District, and the neighboring homeowner association, Newport Ridge North. As part of Newport Ridge North's approval process, the applicant installed a "mock" antenna simulating the height and location of the proposed project and found that the telecommunication facility would not be visible from the neighboring homeowners. E -5. 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. 2010 -005, 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 .25th day of January, 2011. ATTEST: CITY CLERK IV -��L MAYOR EXHIBIT "A" CONDITIONS OF APPROVAL Telecom Permit No. 2010 -005 38 Ridgeline Drive 1. The development shall be in substantial conformance with the approved plot plan, antenna and equipment plans, elevations, and photographic simulations, except as noted in the following conditions. 2. The overall height of the antenna array consisting of a new standard monopole with antenna and support equipment attachments, including a yagi antenna, an omni antenna, two solar panels, and an equpiment cabinet with base support equpiment for the telecom facility approved by this permit shall not exceed a maximum height of 30. 3. The specific size and location of the support equipment and all appurtenant above - grade equipment associated with the telecom facility shall be designed and installed to the satisfaction of the Planning Department and consistent with what is depicted on the plans approved by this telecom permit. 4. Anything not specifically approved by this Telecom Permit is not permitted and must be addressed in a separate and subsequent Telecom Permit application. 5. The telecom facility approved by this permit shall comply with all applicable rules, regulations and standards of the Federal Communications Commission (FCC), the California Public Utilities Commission (CPUC), and the NBMC. 6. 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. 7. 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. 8. Appropriate information RF warning signs or plates shall be posted at the access locations and each transmitting antenna. The location of the information warning signs or plates shall be depicted on the plans submitted for construction permits. 9. The facility shall transmit and receive in the 900 MHz band. Any change or alteration to the frequency shall require the prior review and approval of the Planning Director. 10. The applicant shall not prevent or otherwise interfere with the City of Newport Beach from having adequate spectrum capacity on the City's 800 MHz radio frequencies at any time. 11. No radio frequency (RF) compliance and radiation report is required unless the applicant exceeds the 100 watts ERP. 12. 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 name, telephone number, fax number and e-mail address of that person shall be 13. Should interference with the City's Public Safety radio equipment occur, radio transmissions from the facility shall immediately be suspended until the radio frequency is corrected and verification of the compliance is reported. 14. The applicant shall insure that the 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. 15. Should the approved telecom facility property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by the applicant. Failure by the current property owner or leasing agent to provide the required notice or failure of the assignees to unconditionally accept these conditions shall be a basis for the City to terminate this permit. 16. 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. 17. The telecom facility shall not be lighted except as deemed necessary by the Newport Beach Police Department for security lighting or for short periods at night when service of the facility is required. 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. The operator of the telecom facility shall maintain the facility in a manner consistent with the original approval of the facility. 19. The City reserves the right and jurisdiction to review and modify any telecom permit approved pursuant to Chapter 15.70 of the NBMC, including the conditions of approval, based on changed circumstances. The operator shall notify the Planning Department of any proposal to change the height or size of the facility; increase the size, shape or number of antennas; change the facility's color or materials or location on the site; or increase the signal output above the maximum permissible exposure (MPE) limits imposed by the radio frequency emissions guidelines of the FCC. Any changed circumstance shall require the operator to apply for a modification of the original telecom permit and obtain the modified telecom permit prior to implementing any change. 20. 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. 21. If the applicant or subsequent owner intends to abandon or discontinue use of a telecom facility, he or she 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. 22. This approval shall expire unless exercised within 24 months from the date of approval. 23. 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 Mesa Consolidated Water District Telecom Permit, including, but not limited to, Telecommunications Permit No. 2010 -005 (PA2010 -046). 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 } I, Leilani I. 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. 2011 -16 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 25th day of January, 2011 , and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Gardner, Selich, Daigle, Mayor Henn Noes: None Absent: None Abstain: Curry IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 26th day of January, 2011. d'�. h�'- City Clerk Newport Beach, California (Seal)