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HomeMy WebLinkAbout2011-52 - Telecom Permit Located at 20311 Acacia St. (PA2011-021)RESOLUTION NO. 2011 -52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING APPLICATION NO. TP2011- 005 FOR A TELECOM PERMIT LOCATED AT 20311 ACACIA STREET (PA2011 -021) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Trillium Consulting for T- Mobile West Corporation, with respect to property located at 20311 Acacia Street, legally described as Portions of Lots 52 and 53 of Tract No. 706, requesting approval of a Telecommunications (Telecom) Permit pursuant to Chapter 15.70 of the Newport Beach Municipal Code. 2. The applicant proposes to locate a new wireless telecom facility on the roof of an existing office building. A total of nine 5- foot -high panel antennas (three antennas per sector, three sectors total) and one global positioning system (GPS) antenna are proposed to be located on the roof and concealed within two new screening enclosures. In addition, a total of eight equipment cabinets are proposed to be installed within an existing suite on the second floor of the office building. 3. The subject property is located within the General Commercial Office (CO -G) land use category of the General Plan and within the Santa Ana Heights Specific Plan (SP -7) zoning district and designated for Business Park (BP) land uses. Within the BP designation of the SP -7 zoning district, buildings are limited to a maximum height of 37 feet. The proposed antenna installation and screening enclosures would exceed the permitted height limit by 3 feet 10 inches. 4. The subject property is not located within the coastal zone. 5. Pursuant to Municipal Code Section 15.70.050.A.2 Special Review by City Council was held on April 26, 2011, May 24, 2011, June 14, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meetings 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 these meetings. 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 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 nine antennas on the roof of an existing office building that would be enclosed within two screening equipment enclosures and the installation of appurtenant equipment within the building. City Council Resolution No. 2011 -52 Pape 2 of 8 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: 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. 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 in existing coverage. A -2. The existing two -story office building provides T- Mobile with the height needed to provide coverage to the surrounding area without the need to introduce a new freestanding facility. A -3. The antennas need to be located above the roof of the existing building to minimize interference with the signal and to allow the signal to propagate beyond the surrounding buildings of similar height. A -4. The application provides documentation indicating that the Radio Frequency Engineer for T- Mobile explored the possibility of locating the facility at other sites in the vicinity; however, of those sites that could provide the technical coverage objectives, they did not receive responses or interest from those property owners and /or were not pursued because they would require the installation of a freestanding facility. 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. 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. Buildings within the same zoning district are permitted to be constructed to a maximum height of 37 feet, with an additional 6 -foot allowance for mechanical roof screens, resulting in potential heights of 43 feet. The proposed antennas and screening enclosure will exceed the 37 -foot height limit by 3 feet 10 inches, for a total height of 40 feet 10 inches. Therefore, the requested increase in height will be compatible with the allowed and existing heights of buildings in the area. Tmplt: 04/14/10 City Council Resolution No. 2011 -52 Paqe 3 of 8 B -2. 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 located on the roof of an existing office building and screened from view by the construction of two new screening enclosures. Per the Code, roof - mounting are priority locations for the installation of new telecom facilities. B -3. The antennas are proposed to be concealed within two screening enclosures that have been designed to be architecturally compatible with the existing architecture of the office building. The antennas will be enclosed on all four sides and partially covered with a tile roof element. The colors and materials of the screening enclosures will match those of the existing office building. B -4. The equipment cabinets that support the antennas will be located within a suite on the second floor of the building, as opposed to a new ground mounted enclosure. This maintains the existing landscaping around the building and does not conflict with the usability of the existing parking lot. B -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. B -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. B -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. B -8. The proposed facility is not located in an area adjacent to a coastal view road or public coastal view point. B -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. 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. TP2011 -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 14th day of June, 2011. Tmplt: 04114/10 ATTEST: '.zvu 1 4ft-. CITY CLERK Tmplt: 04 /14/10 MAYOR City Council Resolution No. 2011 -52 Page 4 of 8 City Council Resolution No. 2011 -52 Paqe 5 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL Telecom Permit No. TP2011 -005 20311 Acacia Street (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 California Building Code, Fire Code, 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 nine 5- foot -high panel 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 proposed screening enclosures. No external (visible) wiring or conduit shall be permitted on the building. 7. The proposed roof -top screening enclosures shall be constructed, painted, and textured to match the existing building as depicted on the approved plans and photographic simulations. 8. In no case shall any part of the GPS antenna be mounted above the top of the proposed screening enclosure. 9. The eight equipment cabinets and related support equipment shall be located within the suite located within the building, as depicted on the approved plans. Installation of future pertinent support equipment for the antennas authorized may be allowed so long as it is installed within the same location within the building and entirely screened from view. 10. 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 Tmplt: 04/14/10 City Council Resolution No. 2011 -52 Page 6 of 8 or authorized agent, unless otherwise approved by the Community Development Director. 11. 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. 12. 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 Division to ensure preparation and submittal of the RF Compliance and Radiation Report, referenced in 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 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. 14. 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. 15. 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 provided to the Planning Division and Newport Beach Police Department's Support Services Commander prior to activation of the facility. 16. Should interference with the City's Public Safety radio equipment occur, use of the telecom facility authorized by this permit shall be suspended until the radio frequency interference is corrected and verification of the compliance is reported. 17. The facility shall transmit at a frequency range of 1970.4- 1979.6, 2110 -2135, and 2145 -2155 MHz, and shall receive at a frequency range of 1890 -4- 1899.6, 1710 -1735, and 1745 -1755 MHz. Any change or alteration to the frequency range shall require the prior review and approval of the Community Development Director. 18. The applicant recognizes that the frequencies used by the cellular facility located at 20311 Acacia Street are close to the frequencies used by the City of Newport Beach for public safety. This proximity will require extraordinary "comprehensive advanced Tmplt: 04/14/10 City Council Resolution No. 2011 -52 Page 7 of 8 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). 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 to be performed by the Code Enforcement Division to confirm compliance with this condition. 22. 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. 23. 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 user(s) under the control of the applicant to comply. 24. 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. 25. 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 shall require the operator to apply for a modification Tmplt: 04/14/10 City Council Resolution No. 2011 -52 Paae 8 of 8 of the original telecom permit and obtain the modified telecom permit prior to implementing any change. 26. 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. 27. This approval shall expire unless exercised within 24 months from the date of approval. Tmplt: 04/14/10 STATE OF CALIFORNIA } COUNTY OF ORANGE } as. 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 -52 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 14th day of June, 2011, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Selich, Daigle, Mayor Henn Noes: Gardner, Curry Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 15th day of June, 2011. A k Q )�w City Clerk Newport Beach, California (Seal)