HomeMy WebLinkAbout3.0_Verizon Eastbluff Monopole Telecom_PA2017-256CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
September 13, 2018
Agenda Item No. 3
SUBJECT: Verizon Eastbluff Monopole Telecom (PA2017-256)
Conditional Use Permit No. UP2017-035
SITE LOCATION: 2545 Eastbluff Drive
APPLICANT: Verizon Wireless
OWNER: Irvine Company
PLANNER: Benjamin M. Zdeba, AICP, Associate Planner
949-644-3253, bzdeba@newportbeachca.gov
PROJECT SUMMARY
The applicant requests a conditional use permit to construct a new wireless
telecommunications facility at the rear of the Eastbluff Village Center. The proposed
facility includes a 47-foot-tall slimline monopole that is three feet in diameter to
accommodate three sectors of panel antennas for Verizon Wireless. As propose d, the
supporting equipment for the facility will be located on top of a replacement trash
enclosure. Due to the installation type (i.e., freestanding), the proposed facility requires
Planning Commission review.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 (New Construction or Conversion of Small Structures) of
the CEQA Guidelines, because it has no potential to have a significan t effect on the
environment; and
3)Adopt Resolution No. PC2018-027 approving Conditional Use Permit No. UP2017-
035 (Attachment No. PC 1).
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VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE Neighborhood Commercial
(CN)
Commercial Neighborhood
(CN) Eastbluff Village Center
NORTH Parks and Recreation (PR) Newport Tennis Club (PC-49) Newport Beach Tennis
Club
SOUTH
Open Space (OS) and
Single-Unit Residential
Attached (RS-A)
Open Space (OS) and Single-
Unit Residential (R-1)
Single-family residential
dwellings
EAST Single-Unit Residential
Detached (RS-D)
Single-Unit Residential (R-1-
6,000)
Single-family residential
dwellings
WEST OS OS Greenbelt and
maintenance facility
Location
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INTRODUCTION
Project Setting
The site is the Eastbluff Village Center, a neighborhood-serving commercial shopping
center developed on a 6.9-acre property. It abuts Eastbluff Drive to the east, Vista del Sol
to the south and Vista del Oro to the west. To the immediate north is the North Bluff Park
Community Association maintenance yard and the Newport Beach Tennis Club beyond.
A large surface parking area containing approximately 333 parking spaces occupies most
of the property with three standalone commercial pad buildings at the southern end and an
“L”-shaped row of tenant spaces at the northern end.
The proposed wireless telecommunications facility (telecom facility) would be located
behind the northern row of tenant spaces within the supporting “back-of-house” area for
the center. This area currently accommodates trash enclosures, delivery and service
access points, as well as larger mechanical equipment. Parking in this location is reserved
for employees only. Immediately beyond to the north is a maintenance yard that services
the North Bluff Park Community Association.
Project Description
The application is a request to construct one slimline monopole (i.e., antennas located within
a single pole) and a new supporting equipment enclosure. The monopole will support and
conceal panel antennas for Verizon Wireless (Verizon) within its exterior steel walls. As
proposed, the monopole would be 47 feet tall and 36 inches in diameter. The monopole will
be painted a neutral off-white color to blend with existing commercial buildings.
Supporting equipment would be located immediately adjacent to the monopole behind six-
foot, six-inch high masonry walls on top of a trash enclosure that will be replaced and
improved as part of the project. The 232-square-foot equipment enclosure will be treated
with the same architectural materials and colors as existing buildings. Verizon’s equipment
would consist of two equipment cabinets, twelve remote radio units (RRU’s), two raycaps,
and one diesel standby generator. The overall height of the enclosure would be 16 feet, 8
inches from existing finish grade. A copy of the site plan and elevations depicting the
proposed project are provided in Attachment No. PC 3.
Photographic visual simulations of the facility from eleven different vantage points
depicting the existing and proposed conditions at the site have been prepared by the
applicant and are included as Attachments No. PC 4.
Staff has analyzed the stated coverage needs of Verizon Wireless. The additional system
capacity1 will address service gaps that occur during regular and high demand periods. It
will also benefit the community by enhancing the existing coverage and capacity to
1 A measurement of the maximum amount of data that may be transferred over a network. In essence,
increased capacity allows for more data to be transferred between customers resulting in higher speeds.
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increase the voice and data system already in use by its customers. Two Radio
Frequency (RF) coverage maps are excerpted in Figure 1 with the full exhibit included as
Attachment No. PC 5. The facility will also allow opportunities for future improvement s as
technology advances that may lead to improved service.
Figure 1, Verizon coverage without the project (left) and Verizon Coverage with the project (right).
“Good” coverage is depicted in green.
DISCUSSION
Consistency with Land Use Plan and Zoning Code
The project site is designated as Neighborhood Commercial (CN) by the Land Use
Element of the General Plan and is zoned Commercial Neighborhood (CN). The CN
designation is intended to provide for a limited range of retail and service uses developed
in one or more distinct centers oriented to primarily serve the needs of and maintain
compatibility with residential uses in the immediate area. The existing neighborhood-
commercial shopping center is consistent with this designation. The proposed telecom
facility is accessory to the existing development providing wireless telecommunications
services to the neighborhood’s employees, visitors, and nearby residents.
Facility Location and Design
Wireless telecommunication facilities are regulated by Newport Beach Municipal Code
(NBMC) Chapter 20.49 (Wireless Telecommunication Facilities). Planning Commission
review and approval is required for installation of new freestanding s tructure installations.
Section 20.49.040 (Telecom Facility Preferences and Prohibited Locations) provides five
location classes in priority order that are listed below:
1.Collocation of a new facility.
2.Class 1 (Stealth/Screened) Installations.
3.Class 2 (Visible) Installations.
4.Class 3 (Public Right-of-Way) Installations.
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5.Class 4 (Freestanding Structure) Installations.
The proposed monopole is classified as a Class 4 (Freestanding Structure). The applicant
determined that higher priority locations (location classes 1 through 3) are not feasible for
this project as discussed below. Pursuant to Section 20.49.030 (Definitions), “feasible”
means capable of being accomplished in a successful manner within a reasonable period
of time, taking into account environmental, physical, legal and technological factors.
The applicant explains in the project description and justification (Attachment No. PC 7)
that the proposed Class 4 facility is the most feasible option for this location. The area is
difficult for Verizon 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 Chapter 20.49 precludes telecom facilities. Verizon’s radio frequency
engineers determined that additional system capacity is needed within the project’s
vicinity and that no collocation opportunities exist within 1,000 feet of the search area.
A Class 1 (Stealth/Screened) building installation at this location would exceed the
maximum height allowed for buildings while adding additional bulk. Installation of the
antennas onto building façades would yield antenna heights that are too low resulting in
signals being blocked. Rooftop designs within the shopping center were pursued;
however, the landowner would not allow the applicant to add equipment to the existing
taller rooftop area. Consideration was also given to an installation atop the existing
commercial building at the south end of the shopping center located at 2503 Eastbluff
Drive, which is already occupied by multiple carriers. The applicant determined
collocation was not feasible, as there is insufficient space to accommodate another
carrier. Most other commercial buildings within the applicant’s search area are single-
story and would not allow the height necessary to establish a telecom facility.
A Class 2 (Visible) roof-mounted building installation would not provide adequate
coverage for the area and would aesthetically detract from the buildings. Installation of
the antennas onto building façades would also yield antenna heights that are too low
resulting in inadequate signal propagation.
A Class 3 (Public Right-of-Way) opportunities were considered; however, the applicant
indicated that antennas installed on street lights would be too low in height to meet the
coverage objective, would require substantial structural work or pole replacement, and
would not accommodate the needed number of antennas to m eet system requirements.
Maximum Height Limit
The base height limit for the subject property is 32 feet as specified in Table 2-7 of NBMC
Section 20.20.030 (Commercial Zoning Districts General Development Standards). The
property also falls within the Nonresidential, Nonshoreline Height Limit Area, which allows
structures up to 50 feet. NBMC Subsection 20.49.050(C) (Height) allows a telecom facility
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up to the maximum height limit for the zoning district in which it is located. The proposed
monopole would be 47 feet tall and will comply with the maximum height limit of 50 feet.
In order to blend into the existing development, the proposed monopole is located
approximately 355 feet west of Eastbluff Drive and approximately 500 feet north of Vista
del Sol toward the rear portion of the site in the northwestern corner. It will be situated
behind the larger anchor tenant building presently occupied by Ralph’s and would further
be surrounded by accessory structures, tennis courts, and foliage. The monopole will be
briefly visible from Eastbluff Drive through the tree canopy, as well as at the northern
shopping center driveway (see Views 1 and 2 of Attachment No. PC 4). It will also be
visible through the tree canopy, from Vista del Oro, and the uppermost portion may be
seen from the private greenbelt area (see Views 4 and 6 of Attachment No. PC 4).
However, due to the distance, location, color, and the existing and proposed foliage
surrounding the site, the monopole will not be visually prominent nor should it attract
visual attention from passersby along Eastbluff Drive. The support equipment would be
adjacent to the monopole behind masonry walls atop the new and improved trash enclosure.
The new enclosure will be constructed with the same architectural materials and colors as
existing buildings on-site and it will be screened by the existing shopping center buildings.
The 47-foot height will provide an opportunity for the carrier to enhance coverage and
improve capacity for the nearby roadways and residential and commercial
neighborhoods. Given that signal propagation follows a line-of-site pattern, a proposal at
a lower elevation would result in a signal blockage in several directions by the existing
adjacent commercial building that is approximately 29 feet tall. In addition, RF coverage
maps have been prepared by the applicant to demonstrate a facility complying with the
base height limit of 32 feet (see Attachment No. PC 6). The reduced coverage of a 32-
foot tall facility does not meet Verizon’s network or business objectives.
New Facility Collocation
Section 20.49.050 (General Development and Design Standards) Subsection E (Design
Techniques) emphasize that to the greatest extent practicable, new Class 4 facilities shall
be designed and sited to facilitate the collocation of one additional telecom oper ator.
Given the height limit, collocating two carriers’ antennas within one monopole structure is
not feasible. The applicant has indicated it is Verizon’s policy to allow collocation on or
near all its facilities. There may be future collocation opportuni ties at this site; however,
said opportunities would likely require construction of an additional slimline monopole
structure thereby necessitating Planning Commission review.
Wireless Telecommunication Facility Required Findings
Pursuant to Section 20.52.020.F (Findings and Decision) of the Newport Beach Municipal
Code, the Planning Commission must make the following findings in order to approve a
conditional use permit:
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1.The use is consistent with the General Plan and any applicable Specific Plan;
2.The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code;
3.The design, location, size, and operating characteristics of the use are compatible
with the allowed uses in the vicinity;
4.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; and
5.Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, or 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.
The proposed wireless telecommunications facility is compatible with the commercial
uses permitted under the CN land use. The proposed telecom facility is considered an
ancillary structure that is accessory to the primary uses and the proposed facility is not
considered a prohibited location under Section 20.49.040 (Telecom Facility Preferences
and Prohibited Locations). The project consists of antennas screened within one slimline
monopole structure that will be painted a neutral off-white color to help blend with the
existing buildings in the area. Adequate circulation is provided through the site and
adverse aesthetic, sound, or odor impacts are not anticipated. The additional system
capacity will address service gaps that occur during high demand periods as well as
service gaps that exist at all demand periods as depicted in the RF co verage maps
(Attachment No. PC 5). Staff feels each of these findings can been made and facts in
support are provided in the attached resolution for project approval (Attachment PC 1).
Pursuant to Section 20.49.060 (Permit Review Procedures) Subsection H (Required
Findings for Telecom Facilities) of the Zoning Code, the applicant seeking approval for a
telecommunications facility must show to the satisfaction of the Planning Commission
that:
a.The proposed telecom facility is visually compatible with the surrounding
neighborhood.
b.The proposed telecom facility complies with height, location and design
standards, as provided for in this chapter.
c.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.
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d.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.
Section 20.49.050 (General Development and Design Standards) requires proposed
freestanding antennas to be visually compatible with surrounding buildings and vegetation.
In reviewing this application, the Planning Commission shall consider the blending,
screening, and size of the proposed facility. The facility has been designed to visually blend
into the neighborhood-shopping center. The center consists of buildings that match
architecturally with their color, finish, reveal patterns, and roof structures, and share a
common parking lot that is heavily landscaped with trees and shrubs. At the re quest of
the property owner, Irvine Company, the proposed monopole will be painted a neutral off-
white color that blends into many background contexts, in cluding the surrounding
buildings. The equipment enclosure has been designed with smooth stucco finish and will
be painted to match the color of adjacent buildings to complement the architecture. The
existing shopping center screens the proposed equipment enclosure.
The requested height will blend with the existing heights of structures and landscaping in
the area and will not impede public views or have a negative visual impact on nearby
property owners, residents, and businesses. The site is located in a neighborhood-
commercial shopping center with residential districts and public park facilities nearby;
however, the facility has been situated such that it is tucked away from these uses. The
closest residential use is located approximately 300 feet west and the closest public park
is located approximately 475 feet to the west of the project. These uses are buffered by
a greenbelt, Vista del Oro, intervening maintenance yard buildings, landscaped parkways,
and parking lot improvements. The design of the proposed monopole is intended to
minimize its visibility to surrounding development, as well as to pedestrians and vehicle
traffic on Vista del Oro and Eastbluff Drive.
The applicant has determined that higher priority locations (location classes 1 -3) are not
feasible for this project, and staff agrees. Building mounted facilities such as Class 1 and
Class 2 installations would not provide sufficient coverage. A Class 3 right-of-way
installation could not accommodate sufficient antenna capacity for the amou nt of
coverage needed in the area. Due to the need to propagate signals above the adjacent
29-foot-high building, the applicant is restricted to designing the facility at this location as
a freestanding installation.
In conclusion, staff believes the facility is appropriately designed and located for
compatibility with the surrounding visual environment. Draft findings for project approval
are provided in the attached resolution (Attachment PC1).
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Summary and Alternatives
Staff believes that the findings for approval can be made for the proposed project as
recommended. The facts in support of the required findings are presented in the draft
resolution (Attachment No. PC 1).
However, the following alternatives are available to the Planning Commission:
1.The Planning Commission may suggest specific changes that are necessary to
alleviate any concerns such as the project height, resulting in abrupt changes in
scale, blending, screening, size or project compatibility with the area. If any
additional requested changes are substantial, the item could be continued to a
future meeting. Should the Planning Commission choose to do so, staff will return
once the applicant has had an opportunity to revise the project accordingly with a
revised resolution incorporating new findings and/or conditions.
2.If the Planning Commission believes that there are insufficient facts to support the
proposed telecommunications facility, the Commission may deny the application
in the attached draft resolution for denial (Attachment No. PC 2).
Environmental Review
Staff recommends the Planning Commission find the project 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, Chapter 3, as it has no potential to have a significant environmental
effect. Class 3 exempts construction of limited numbers of new small facilities or
structures, and installation of small new equipment and facilities in small structures.
In this case, the proposed project involves the installation of one 47-foot-tall slimline
monopole to encase a total of six, eight-foot-tall antennas. The proposed telecom facilities
support equipment will be located atop a reconstructed trash enclosure with a footprint of
232 square feet. The equipment will be screened behind walls that will be architecturally
compatible with the exisitng building to screen and blend the facility.
The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location at the rear of a developed shopping center does not impact an
environmental resource of significance or critical concern. Project approval 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 site, and is not identified as a historical resource. Lastly, the no
public views through the site are present and therefore the project will have no impact to
public views.
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Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights -of-way and
waterways) including the applicant and posted on the subject property at least 10 days
before the scheduled meeting, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
Prepared by: Submitted by:
_____________________
Benjamin M. Zdeba, AICP
Associate Planner
ATTACHMENTS
PC 1 Draft Resolution with Findings and Conditions
PC 2 Draft Resolution for Denial
PC 3 Project Plans
PC 4 Photographic Visual Simulations
PC 5 RF Coverage Maps at 47 Feet Tall
PC 6 RF Coverage Maps at 32 Feet Tall
PC 7 Applicant’s Description and Justification
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01/12/18
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Attachment No. PC 1
Draft Resolution with Findings and Conditions
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RESOLUTION NO. PC2018-027
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. UP2017-035 AUTHORIZING THE
CONSTRUCTION OF ONE MONOPOLE AND A 232-SQUARE-
FOOT SUPPORTING EQUIPMENT ENCLOSURE FOR A NEW
WIRELESS TELECOMMUNICATIONS FACILITY LOCATED AT
2545 EASTBLUFF DRIVE (PA2017-256)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by Verizon Wireless (“Applicant”), with respect to property located
at 2545 Eastbluff Drive, and legally described as Parcels 1 and 2 as shown on Exhibit B1
attached to Lot Line Adjustment N.B.L.L.A. No. 98-14, recorded March 23, 1999 as
Instrument No. 19990211252 of Official Records of Orange County (“Property”), requesting
approval of a conditional use permit.
2.The Applicant proposes to construct a new wireless telecommunications facility (“telecom
facility” or “facility”) at the rear of the Eastbluff Village Center (“Project”). The proposed facility
includes a forty-seven (47) foot-tall slimline monopole that is three (3) feet in diameter to
accommodate three (3) sectors of panel antennas for Verizon Wireless. As proposed, the
supporting equipment will be located on top of a replacement trash enclosure.
3.The Property is designated Neighborhood Commercial (“CN”) by the General Plan Land
Use Element and is located within the Commercial Neighborhood (“CN”) Zoning District.
4.The Property is not located within the coastal zone.
5.The Property is located within the Nonresidential, Nonshoreline Height Limit Area, which
limits the maximum height of structures to fifty (50) feet. At forty-seven (47) feet tall, the
proposed facility falls within this limitation.
6.A public hearing was held on September 13, 2018, in the 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 the Newport Beach Municipal Code (“NBMC”). Evidence, both
written and oral, was presented to, and considered by, the Planning Commission at this
hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1.The 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 construction of new, small facilities or
structures and installation of small new equipment and facilities in small structures.
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Examples of this exemption include up to four commercial buildings totaling 10,000 square
feet and accessory structures.
2.In this case, the Project involves the installation of one, forty-seven (47) foot-tall slimline
monopole to encase a total of six (6), eight-foot-tall (8’) antennas. The proposed telecom
facilities support equipment will be located atop a reconstructed trash enclosure with a
footprint of 232 square feet. The equipment will be screened behind walls that will be
architecturally compatible with the exisitng building to screen and blend the facility.
3.The exceptions to this exemption under Section 1 5300.2 are not applicable. The Project
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 site, and is not identified as a historical resource.
SECTION 3. REQUIRED FINDINGS.
In accordance with NBMC Subsection 20.52.020(F) (Conditional Use Permits and Minor Use
Permits), 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.
Facts in Support of Finding:
1.The Property is located within the CN land use designation in the Land Use Element of
the General Plan. The CN designation is intended to provide for a limited range of retail
and service uses developed in one (1) or more distinct centers oriented to primarily serve
the needs of and maintain compatibility with residential uses in the immediate area. The
existing neighborhood-commercial shopping center is consistent with this designation.
The proposed telecom facility is accessory to the existing development providing wireless
telecommunications services to the neighborhood’s employees, visitors, and residents.
2.The 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 CN Zoning District. This area is intended to provide for
a limited range of retail and service uses developed in one or more distinct centers oriented
to primarily serve the needs of and maintain compatibility with residential uses i n the
immediate area. The existing neighborhood-commercial shopping center is explicitly
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consistent with this designation. The proposed telecom facility is considered an ancillary
structure that is accessory to the primary commercial uses.
2.Wireless telecommunications facilities are regulated by NBMC Chapter 20.49 (Wireless
Telecommunications Facilities), which identifies freestanding wireless
telecommunications facilities as a Class 4 (Freestanding Structure) installation and
permissible subject to the approval of a conditional use permit. NBMC Subsection
20.49.040(B) (Telecom Facility Preferences and Prohibited Locations) lists certain
prohibited locations and the proposed facility is not a prohibited location.
3.NBMC Subsection 20.49.040(A) (Preferred Locations) prioritizes telecom 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 facility consists of one (1) slimline monopole that is designed to not visually
dominate the surrounding area and instead to blend into the existing shopping center. See
Facts in Support of Finding I below.
4.The proposed telecom facility will comply with applicable requirements of the NBMC with
construction as shown on the 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.
Facts in Support of Finding:
1.The telecom facility would be located behind the northern row of tenant spaces within the
supporting “back-of-house” area for the center. This area currently houses trash
enclosures, delivery and service access points, as well as larger mechanical equipment.
Parking in this location is reserved for employees only. The project is located and designed
to provide adequate circulation and adequate parking pursuant to the Zoning Code is
maintained for the shopping center. Immediately beyond to the north is a maintenance
yard that services the North Bluff Park Community Association.
2.Supporting equipment would be located immediately adjacent to the monopole behind six-
foot six-inch (6’-6”) high masonry walls on top of a trash enclosure that will be replaced and
improved as part of the project. The 232-square-foot equipment enclosure will be treated with
a smooth stucco finish and will be painted the same color as existing buildings on-site.
3.The proposed telecom facility will be unmanned, will 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 proposed telecom facility will enhance coverage and capacity for residents, vi sitors
and businesses in the neighborhood by providing wireless access to voice and data
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transmission services. The proposed facility 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 subject site and the proposed use will not change this.
2.The proposed telecom facility will be unmanned and will have no impact on the circulation
system and adjacent land uses due to its location outside of existing vehicle or pedestrian
circulation areas.
3.The Public Works Department, Building Division, Police Department, and Fire
Department have reviewed the project proposal and do not have any concern s 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.
Facts in Support of Finding:
1.The proposed telecom facility will only require periodic maintenance and will not generate
any type of significant adverse impacts to the environment, such as noise, odor, smoke,
etc.
2.The proposed telecom facility must and 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 proposed telecom facility will be effectively blended based upon the design and
location with the incorporation of the conditions of approval. As a result, the proposed
telecom facility at this location will not result in conditions that are materially detrimental
to nearby property owners, residents, and businesses, nor to public health or safe ty.
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Wireless Telecommunications Facility General Findings
In accordance with NBMC Subsection 20.49.060(H)(1) (General Findings for Telecom Facilities),
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 telecom facility has been designed to visually blend into the neighborhood-shopping
center. The center consists of buildings that match architecturally with their color, finish,
reveal patterns, and roof structures, and share a common parking lot that is heavily
landscaped with trees and shrubs. The proposed monopole will be painted a neutral off -
white color that blends into many background contexts, including the surrounding
buildings. The equipment enclosures are designed with materials to mimic the color and
finish of the adjacent buildings to complement the adjacent architecture.
2.The closest residential use is located approximately 300 feet west and the closest public
park is located approximately 475 feet to the west of the project. These uses are buffered
by a greenbelt, Vista del Oro, intervening maintenance yard buildings, landscaped
parkways, and parking lot improvements. The design of the proposed monopole is
intended to minimize its visibility to surrounding development, as well as to pedestrians
and vehicle traffic on Vista del Oro and Eastbluff Drive.
Finding:
G.The proposed telecom facility complies with height, location and design standards, as
provided for in this chapter.
Facts in Support of Finding:
1.The forty-seven (47) foot-tall monopole would comply with the maximum height limit of
fifty (50) feet for structures located within the Nonresidential, Nonshoreline Height Limit
Area.
2.The monopole will support and conceal panel antennas for one (1) telecom carrier within
the structure’s exterior steel walls. The monopole will be painted a neutral off-white to blend
with the existing buildings.
3.The location of the proposed facility is within the supporting area for an existing
neighborhood-commercial shopping center where adverse impacts to surrounding land
uses are minimized to the greatest extend feasible.
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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 site is located in a commercial development away from residential districts and public
park facilities. The closest residential use is located approximately 300 feet west and the
closest public park is located approximately 475 feet to the west of the project. These
uses are buffered by a greenbelt, Vista del Oro, intervening maintenance yard buildings,
landscaped parkways, and parking lot improvements.
2.The application includes documentation indicating the need to provide and improve
coverage to the residential and commercial areas in the Eastbluff neighborhood .
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 forty-seven (47) foot-high
monopole, given the location of the antennas, is essential for the Applicant to meet its
coverage objectives and improve coverage to nearby areas that are currently marginal.
3.Based upon the application, the site 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 the Applicant 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.The Applicant’s radio frequency engineers determined that additional system capacity is
needed within the project’s intended service area and that no collocation opportunities
exist within 1,000 feet of the search area. Additionally, lower antenna heights would not
meet the Applicant’s network or business objectives.
Finding:
I.An alternative plan that would result in a higher preference facility class cat egory 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, which
included public right-of-ways, collocations, roof mount and building facade locations,
existing commercial signs, and a new false tree.
20
2.Rooftop designs within the shopping center were pursued; however, the landowner did
not allow the Applicant to locate equipment atop the existing taller roof areas.
Consideration was also given to an installation atop the existing commercial building at
the south end of the shopping center located at 2503 Eastbluff Drive, which is already
occupied by multiple carriers. The Applicant determined collocation was not feasible, as
there is insufficient space to accommodate another carrier.
3.Most other commercial buildings within the Applicant’s search area are single-story and
would not allow the height necessary to establish a telecom facility meeting the
Applicant’s network or business objectives. The height of the roof-mounted antennas
would have resulted in additional bulk. Installation of the antennas onto building façades
would yield antenna heights too low resulting in sign als being blocked.
4.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 needed number of antennas to meet system requirements.
5.Installing the monopole at an alternative location could result in negative visual and
aesthetic impacts on nearby property owners, residents, and business owners.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1.The Planning Commission of the City of Newport Beach hereby approves Conditional Use
Permit No. UP2017-035, subject to the conditions set forth in Exhibit “A,” which is attached
hereto and incorporated by reference.
2.This action shall become final and effective 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.
PASSED, APPROVED, AND ADOPTED THIS 13TH DAY OF SEPTEMBER,
2018. AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Peter Zak, Chairman
21
BY:_________________________
Bill Dunlap, Secretary
22
EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are 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. The monopole approved by this permit shall not exceed forty-seven (47) feet in height from
existing grade (maximum elevation height of 148.04 feet above mean sea level using the
North American Vertical Datum of 1988 (NAVD88)). A Height Certification Inspection shall
be required prior to final of building permits.
6. The Applicant shall continually maintain the wireless telecom facility so that it retains its
original appearance at the time the building permit is finaled by the City of Newport Beach.
7. On an annual basis, the Applicant shall conduct maintenance inspections of the wireless
telecom facility, including the monopole, equipment enclosure areas and walls, and make
all necessary repairs. The Community Development Director may require additional
inspections and/or maintenance activities at his/her discretion
8. 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.
9. 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.
10. 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.
11. The Applicant recognizes that the frequencies used by the cellular facility located at 2545
Eastbluff Drive are extremely close to the frequencies used by the City of Newport Beach
23
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.
12. The Applicant shall provide a “single point of contact” for both carriers in its Engineering
and Maintenance Departments that is monitored twenty-four (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.
13. 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.
14. 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.
15. 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 dir ect 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.
16. The operator of the telecom facility shall maintain the facility in a manner consistent with
the original approval of the facility.
17. At all times, the operator for Verizon Wireless shall ensure that its telecom facility
complies with the most current regulatory, operations standards, and radio frequ ency
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. Said information
shall be made available by the operator upon request at the discretion of the Community
Development Director.
18. 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
Section 20.49.050.
24
19. 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.
20. 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.
21. Any operator who intends to abandon or discontinue use of a telecom facili ty must notify
the Planning Division by certified mail no less than thirty (30) days prior to such action.
The operator or property owner shall have ninety (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. The City reserves the right and jurisdiction to review and modify any permit approved
pursuant to NBMC Chapter 20.49, 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 of the original telecom permit and obtain the modified telecom
permit prior to implementing any change.
23. 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 NBMC
Chapter 20.49 or this approval.
24. Conditional Use Permit No. UP2017-035 shall expire unless exercised within 24 months
from the date of approval as specified in NBMC Section 20.54.060, unless an extension is
otherwise granted.
25. 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.
26. Construction activities shall comply with NBMC Section 10.28.040, 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.
27. 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
25
and nature whatsoever which may arise from or in any manner relate (directly or indirectly)
to City’s approval of the Verizon Eastbluff Monopole Telecom including, but not limited to
Conditional Use Permit No. UP2017-035 (PA2017-256). 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 connecti on 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 wh ich 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.
Fire Department
28. Storage of batteries must comply with California Fire Code Section 608, Stationary Storage
Battery Systems.
29. Manufactures specifications for any generators will be required with plan review. Generator
shall be installed as per manufactures specifications and comply with California Fire Code
Section 601.
Building Division
30. 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.
31. 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.
32. The design of the monopole and associated equipment shall be designed to conform to
ASCE 7-10 for wind and seismic consideration for windscreen and anchorage of the
equipment.
33. A soils report shall be prepared and submitted in conjunction with the construction
drawings for the monopole’s foundation system.
Public Works
34. In case of damage done to public improvements surrounding the site by private construction,
additional reconstruction within the public right-of-way may be required at the discretion of
the Public Works Department.
26
35. The storage of all project related equipment during construction shall be on-site and outside
the public right-of-way.
36. An approved encroachment permit is required for all work activities within the public right-
of-way.
27
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Attachment No. PC 2
Draft Resolution for Denial
29
INTENTIONALLY BLANK PAGE30
RESOLUTION NO. PC2018-027
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, DENYING CONDITIONAL
USE PERMIT NO. UP2017-035 AUTHORIZING THE
CONSTRUCTION OF ONE MONOPOLE AND A 232-SQUARE-
FOOT SUPPORTING EQUIPMENT ENCLOSURE FOR A NEW
WIRELESS TELECOMMUNICATIONS FACILITY LOCATED AT
2545 EASTBLUFF DRIVE (PA2017-256)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by Verizon Wireless (“Applicant”), with respect to property located
at 2545 Eastbluff Drive, and legally described as Parcels 1 and 2 as shown on Exhibit B1
attached to Lot Line Adjustment N.B.L.L.A. No. 98-14, recorded March 23, 1999 as
Instrument No. 19990211252 of Official Records of Orange County (“Property”), requesting
approval of a conditional use permit.
2.The Applicant proposes to construct a new wireless telecommunications facility (“telecom
facility” or “facility”) at the rear of the Eastbluff Village Center (“Project”). The proposed facility
includes a forty-seven (47) foot-tall slimline monopole that is three (3) feet in diameter to
accommodate three (3) sectors of panel antennas for Verizon Wireless. As proposed, the
supporting equipment will be located on top of a replacement trash enclosure.
3.The Property is designated Neighborhood Commercial (“CN”) by the General Plan Land
Use Element and is located within the Commercial Neighborhood (“CN”) Zoning District.
4.The Property is not located within the coastal zone.
5.The Property is located within the Nonresidential, Nonshoreline Height Limit Area, which
limits the maximum height of structures to fifty (50) feet. At forty-seven (47) feet tall, the
proposed facility falls within this limitation.
6.A public hearing was held on September 13, 2018, in the 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 the Newport Beach Municipal Code (“NBMC”). Evidence, both
written and oral, was presented to, and considered by, the Planning Commission at this
hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
This Pursuant to Section 15270 of the California Environmental Quality Act (“CEQA”) Guidelines,
projects which a public agency rejects or disapproves are not subject to CEQA review.
31
SECTION 3. REQUIRED FINDINGS.
The Planning Commission may approve a use permit only after making each of the required
findings set forth in NBMC Section 20.52.020(F) (Findings and Decision). In this case, the
Planning Commission was unable to make the required findings based upon the following:
1.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1.The Planning Commission of the City of Newport Beach hereby denies Conditional Use
Permit No. UP2017-035.
2.This action shall become final and effective 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.
PASSED, APPROVED, AND ADOPTED THIS 13TH DAY OF SEPTEMBER,
2018. AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Peter Zak, Chairman
BY:_________________________
Bill Dunlap, Secretary
32
Attachment No. PC 3
Project Plans
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35
PA2017-256 Attachment No. PC 3 - Project Plans
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PA2017-256 Attachment No. PC 3 - Project Plans
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PA2017-256 Attachment No. PC 3 - Project Plans
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PA2017-256 Attachment No. PC 3 - Project Plans
39
PA2017-256 Attachment No. PC 3 - Project Plans
40
PA2017-256 Attachment No. PC 3 - Project Plans
41
PA2017-256 Attachment No. PC 3 - Project Plans
42
PA2017-256 Attachment No. PC 3 - Project Plans
43
PA2017-256 Attachment No. PC 3 - Project Plans
44
PA2017-256 Attachment No. PC 3 - Project Plans
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PA2017-256 Attachment No. PC 3 - Project Plans
INTENTIONALLY BLANK PAGE46
PA2017-256 Attachment No. PC 3 - Project Plans
Attachment No. PC 4
Photographic Visual Simulations
47
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2 3
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53
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Attachment No. PC 5
RF Coverage Maps at 47 Feet Tall
69
INTENTIONALLY BLANK PAGE70
Eastbluff
Propagation Maps
November 29, 2017
Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or
distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement. 71
Overview Map
2
Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or
distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement. 72
Verizon Coverage without Eastbluff
3
Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or
distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement. 73
Verizon Coverage with Eastbluff
4
Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or
distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement. 74
Eastbluff Coverage
5
Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or
distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement. 75
INTENTIONALLY BLANK PAGE76
Attachment No. PC 6
RF Coverage Maps at 32 Feet Tall
77
INTENTIONALLY BLANK PAGE78
Eastbluff Propagation
Maps
January 31, 2018
79
Overview Map
2
Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or
distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement. 80
Verizon Coverage without Eastbluff
3
Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or
distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement. 81
Verizon Coverage with Eastbluff (27’ Centerline)
4
Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or
distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement. 82
Eastbluff Coverage (27’ Centerline)
5
Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or
distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement. 83
INTENTIONALLY BLANK PAGE84
Attachment No. PC 7
Applicant’s Description and Justification
85
INTENTIONALLY BLANK PAGE86
PROJECT FINDINGS FOR VERIZON WIRELESS SITE: “EASTBLUFF”
Proposed Wireless Facility at 2545 Eastbluff Drive, Newport Beach
Presented below for your consideration are the required findings for Telecom Facilities
per NBMC Subsection 20.49.060(H):
H. Required Findings for Telecom Facilities. The following findings shall apply to
all facilities requiring discretionary review:
1. General. The review authority may approve or conditionally approve an
application for a telecom facility only after first finding each of the required
findings for a MUP or CUP pursuant to Section 20.52.020 (Conditional Use
Permits and Minor Use Permits), or an LTP pursuant to
Section 20.52.040 (Limited Term Permits), and each of the following findings:
a. The proposed telecom facility is visually compatible with the
surrounding neighborhood.
The facility is designed to be the most appropriate design considering the
opportunities and constraints for the location, the design standards and goals of
the City and the needs of Verizon Wireless RF designs. The site makes use of
a slimline pole design to fully conceal the antennas within the radome. The
new slimline pole will be surrounded by existing trees surrounding the
neighborhood to further conceal it’s elements. The proposed site will consist
of 6 directional panel antennas, 12 RRU's with A2 packs, 2 raycaps, 1
emergency generator, and 2 MCE equipment cabinets placed within a new
equipment enclosure. The landlord has approved of the site design as it is
presented to the City and has been involved in the design process to ensure
compatibility with their development standards. When construction is
complete, the antennas and equipment will be fully concealed from view from
the surrounding properties and any public rights of way.
b. The proposed telecom facility complies with height, location and
design standards, as provided for in this chapter.
Verizon prefers this design do to the zoning and height restrictions of
surrounding properties to get the necessary height to cover this area. While
the project is proposing an increase in height, it will be surrounded by existing
trees and will fully conceal all antennas. The other surrounding properties are
all residential developments and would not allow for a wireless facility. This
facility is going to serve these commercial and residential developments, East
Bluff Park, Newport Beach Tennis Club, and regional roadways.
87
A height of 32 feet, while meeting the letter of the law, is not adequate. A
height of 47 feet (32 plus 15) is what Verizon is proposing. At 32 feet the site
would suffer very poor performance due to the surrounding buildings and
existing trees already in place for the open space buffering the residential and
commercial properties. As designed, the proposed site can perform at its best
and still meet and support the stated objectives of the Commercial
Neighborhood zone. The proposed site will encourage and support the
ongoing use of the business/leisure activities which regularly have direct and
indirect benefits for the surrounding residential and business community at
large. Making a determination for approval will enhance the services provided
by Verizon Wireless in this area of Newport Beach and thereby enhance life in
the City as well.
As this is designed as a Class 4 (Freestanding Structure) Installation, per City
code, it complies with all standards. The design fully screens the antennas
without visible brackets, cables, or conduit. Additionally, it is sited in the least
obtrusive location practical. The site sits behind the commercial buildings out
of view from residential or public ROW. These conditions allow the antennas
and equipment to be located in such a way as to minimize their visibility from
the surrounding properties and blend into the urban fabric of the area. All
equipment will be fully concealed within an enclosure, behind a building.
c. 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.
This site has been specifically identified as an infill location for VZW and it
will assist neighboring sites in carrying the ever-growing volume of voice and
data users in the area. Currently, VZW has facilities located in shopping
centers to the south and east. This proposed location is the only commercial
area and is completely surrounded by residential districts and public facilities.
This proposed location will help off-load the other two locations and provided
much needed capacity for the surrounding community.
d. 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.
Rooftop designs within the shopping center were pursued, but there was either
no interest from the landlord, or another carrier already occupied the roof
space and there was not sufficient space for another carrier. A site within East
Bluff Park was proposed, however, this location was not desirable to the City.
Multiple other commercial properties were vetted for a rooftop facility within
the commercial area surrounding the site, but all the properties are single story
and these sites would not allow for the height needed for the wireless facility
88
to operate at an optimum level. A monoeucalyptus tree design was also vetted
for the shopping center. However, the diameter of a tree with this design
would not work within the confinements of the shopping center.
2. Findings to Increase Height. The review authority may approve or
conditionally approve an application for a telecom facility which includes a
request to exceed the maximum height limit for the zoning district in which the
facility is located up to a maximum of fifteen (15) feet only after making each
of the following findings in addition to the general findings set forth in
subsection (H)(1) of this section and the required findings for a MUP or CUP
pursuant to Section 20.52.020 (Conditional Use Permits and Minor Use
Permits), or an LTP pursuant to Section 20.52.040 (Limited Term Permits):
a. The increased height will not result in undesirable or abrupt scale
changes or relationships being created between the proposed telecom
facility and existing adjacent developments or public spaces.
As mentioned before, a height of 47 feet (32 plus 15) is what Verizon is
proposing. At 32 feet the site would suffer very poor performance due to the
surrounding buildings and existing trees already in place for the open space
buffering the residential and commercial properties.
The site is designed to minimize any public view of the WCF. As such, the
site is designed to blend into the urban fabric of the neighborhood. All
proposed antennas and equipment are placed to minimize visibility and/or to
be screened from view and should not pose any issues to the surrounding
community or the City as a whole.
b. Establishment of the telecom facility at the requested height is
necessary to provide service. (Ord. 2014-1 § 10 (part), 2014)
The factors influencing the design of this project include first and foremost
providing the required coverage objective of the Radio Frequency Engineer. If
this coverage objective cannot be met, there would be no reason to construct
the facility. In addition to the above, other factors include compatibility with
surrounding development, ability to meet City design and facility standards, as
well as meeting mandatory safety standards of the FCC and other Federal,
State and local agencies. As we are well aware of the standards and
expectations of the City of Newport Beach this site has been designed to meet
and exceed the standards for freestanding WCF.
The proposed design is a slimline pole, which requires two sectors of antennas.
If the pole were to be lowered to the height limit of 32 feet, the bottom sector
of antennas would be located at approximately just 13 feet. This would not be
feasible from a RF safety standpoint. Therefore, it would not meet the
mandatory safety standards of the FCC. If the bottom sector were to be taken
89
out to make the site feasible from a RF safety standpoint, the facility would not
be able to provide needed coverage outside of the immediate area of
commercial center. Please see attached propagation maps.
The proposed facility will not have any negative impacts on nearby property owners,
residents, or businesses. In fact, the reverse tends to be true upon completion of a
proposed wireless facility. People in the area enjoy greater quality of life due to the
enhanced service(s) provided by the new facility. When a new freestanding facility
(pole/tree/etc.) is appropriately designed to blend in to its surroundings, like ours does, it
is not a visual blight. When support equipment is tucked into an unused corner and
screened from view of most people, it is not materially detrimental to anyone. Residents,
visitors, and businesses alike will enjoy greater system coverage and capacity for their
regular daily use of wireless voice and data services which have become a part of modern
life. The proposed facility will provide the latest technology available from Verizon
Wireless and include voice, data, and E-911 services. When a site is designed and
located properly, there has not been any substantial evidence of a negative and materially
detrimental condition created by the installation and operation of a wireless facility. This
project will enhance life in the area, not be a detriment to it in any way.
Thank you for your consideration. I look forward to working with you. Please call or
email me with any ideas or questions.
Warmest Regards,
Jim Heinrich
Project Manager
Plancom, Inc.
For Verizon Wireless
90
From:Zdeba, Benjamin
To:Ramirez, Brittany
Subject:FW: Verizon Wireless Application, 2545 Eastbluff Drive (PA2017-256), Commission Hearing September 13, 2018
Date:Monday, September 10, 2018 3:56:42 PM
Attachments:Verizon Wireless Letter 09.10.18.pdf
image001.png
FYI for Item No. 3.
BENJAMIN M. ZDEBA, AICP
Community Development Department
Associate Planner
bzdeba@newportbeachca.gov
949-644-3253
From: Paul Albritton <pa@mallp.com>
Sent: Monday, September 10, 2018 3:54 PM
To: Zak, Peter <pzak@newportbeachca.gov>; Weigand, Erik <eweigand@newportbeachca.gov>;
Dunlap, Bill <bdunlap@newportbeachca.gov>; Kramer, Kory <kkramer@newportbeachca.gov>;
Koetting, Peter <pkoetting@newportbeachca.gov>; Kleiman, Lauren
<lkleiman@newportbeachca.gov>; Lowrey, Lee <llowrey@newportbeachca.gov>
Cc: Campbell, Jim <JCampbell@newportbeachca.gov>; Harp, Aaron <aharp@newportbeachca.gov>;
Zdeba, Benjamin <bzdeba@newportbeachca.gov>; Jurjis, Seimone <sjurjis@newportbeachca.gov>;
Torres, Michael <mtorres@newportbeachca.gov>
Subject: Verizon Wireless Application, 2545 Eastbluff Drive (PA2017-256), Commission Hearing
September 13, 2018
Dear Commissioners, attached please find our letter prepared on behalf of Verizon Wireless in support of its
application for a stealth wireless facility behind Eastbluff Village Center. We urge you to follow staff's
recommendation and approve the application to provide needed improvements to Verizon Wireless’s network in the
Eastbluff area of Newport Beach. Thank you.
Paul
Paul Albritton
Mackenzie & Albritton LLP
155 Sansome Street, Suite 800
San Francisco, California 94104
(415)288-4000
pa@mallp.com
Planning Commission - September 13, 2018
Item No. 3a Additional Materials Received
Verizon Eastbluff Monopole Telecom (PA2017-256)
MACKENZIE & ALBRITTON LLP
155 SANSOME STREET, SUITE 800
SAN FRANCISCO, CALIFORNIA 94104
TELEPHONE 415 / 288-4000
FACSIMILE 415 / 288-4010
September 10, 2018
VIA EMAIL
Chair Peter Zak
Vice Chair Erik Weigand
Secretary Bill Dunlap
Commissioners Kory Kramer, Peter Koetting,
Lauren Kleiman and Lee Lowrey
Planning Commission
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Re: Verizon Wireless Application UP2017-035 (PA2017-256)
Stealth Wireless Facility, 2545 Eastbluff Drive
Planning Commission Agenda, September 13, 2018
Dear Chair Zak, Vice Chair Weigand, Secretary Dunlap and Commissioners:
We write on behalf of Verizon Wireless to urge you to follow the
recommendation of Planning Division staff and approve its application for a stealth
wireless facility located behind a shopping center (the “Proposed Facility”). Designed as
a slimline pole with antennas fully concealed, the Proposed Facility complies with all
wireless facility standards of the Newport Beach Municipal Code (the “Code”). It also
meets all findings for approval of a conditional use permit and special findings for
wireless facilities. The Proposed Facility will provide reliable new in-building service
for Newport Beach residents and visitors to the Eastbluff neighborhood as well as
emergency response personnel. We strongly urge you to approve the Proposed Facility.
The Project
Verizon Wireless has worked diligently to identify a location and design for the
Proposed Facility that minimize any impact on the surrounding neighborhood. The
Proposed Facility will be placed behind a building at the rear of the Eastbluff Village
Center, distant from the streets alongside the shopping center. Verizon Wireless proposes
to conceal its panel antennas in a three-foot wide, 47-foot tall slimline pole. Panel
antennas will be stacked in two sets of three to minimize pole diameter. The pole will be
painted a neutral off-white color to complement surrounding buildings, and much of the
Planning Commission - September 13, 2018
Item No. 3a Additional Materials Received
Verizon Eastbluff Monopole Telecom (PA2017-256)
Newport Beach Planning Commission
September 10, 2018
Page 2 of 4
pole will be concealed behind buildings as seen from the front side of the shopping center
and nearby streets. For efficient use of space, Verizon Wireless will place its equipment
on a platform in a rebuilt trash enclosure next to the slimline pole. Elevated well above
the working area of the trash enclosure, the 232 square foot platform that will support
Verizon Wireless’s radio cabinets and a standby generator to provide continued service in
case of emergency. The trash enclosure area, including Verizon Wireless’s equipment,
will be surrounded by a 16 foot 8 inch façade with a stucco finish matching existing
buildings. A photosimulation attached as Exhibit A shows the minimal visual impact of
the Proposed Facility slimline pole behind the shopping center.
The Proposed Facility Complies with All Code Standards.
As confirmed in the staff report, the Proposed Facility meets all Code criteria for
stealth design of a new wireless facility. Much of the slimline pole will be out-of-view as
seen from typical public vantage points, at a location where existing buildings provide
screening. Code §§ 20.49.050(A)(2), 20.49.050(A)(4), 20.49.050(E)(3). With antennas
stacked vertically to reduce the slimline pole diameter to only three feet, the facility is of
minimal size and profile in comparison to adjacent buildings. Code § 20.49.050(A)(3).
The equipment enclosure completely hides equipment and screens it from surrounding
uses. Code §§ 20.49.050(E)(1), 20.49.050(F)(6)(a)(iii). The stucco finish of the
equipment enclosure area is fully compatible with the existing architectural elements of
the shopping center buildings. Code §§ 20.49.050(A)(1), 20.49.050(F)(6)(a)(iv). The
Proposed Facility also meets particular screening standards for Class 4 (freestanding)
installations. Notably, there are no visible antenna arrays, and the slimline pole is in the
least obtrusive location possible, a little-used area behind the shopping center. Code §
20.49.050(F)(4)(a). At 47 feet tall, the Proposed Facility slimline pole falls under the
applicable structure height limit of 50 feet in the non-residential, non-shoreline height
limit area. Code § 20.30.060(C)(2)(d). In sum, the Proposed Facility satisfies all of the
Code’s standards for a new freestanding wireless facility.
The Proposed Facility Meets all Findings for Approval of a Conditional Use
Permit.
Because it provides a great public benefit with minimal impact, the Proposed
Facility meets all findings for approval of a conditional use permit, as confirmed in the
staff report. Code § 20.52.020(F). One finding requires that design, location, shape, size
and operating characteristics are compatible with nearby uses and physically suitable for
the site. The Proposed Facility achieves these aims through its stealth design that hides
all wireless equipment, its location behind buildings away from busy pedestrian areas,
and its minimal size (a slimline pole only three feet in diameter). Further, the Proposed
Facility will operate with little noise and requires only occasional maintenance visits,
generating minimal traffic impact. It has been located to represent orderly and
harmonious growth, and it does not endanger, jeopardize or constitute a hazard to public
convenience, health, interest, safety or general welfare. In fact, the Proposed Facility
Planning Commission - September 13, 2018
Item No. 3a Additional Materials Received
Verizon Eastbluff Monopole Telecom (PA2017-256)
Newport Beach Planning Commission
September 10, 2018
Page 3 of 4
provides an important public benefit through improved service for Newport Beach
residents, visitors to the commercial area and emergency service personnel. The
Proposed Facility is consistent with the General Plan as it is accessory to the retail and
service uses permitted in the neighborhood commercial land use category. In sum, the
Proposed Facility meets all findings for approval of a conditional use permit.
The Proposed Facility Meets all Special Findings for Wireless Facilities.
Under the Code, wireless facilities require special findings for approval in
addition to use permit findings. Code § 20.49.060(H)(1). For example, a facility must be
visually compatible with the surrounding neighborhood. The Proposed Facility meets
this finding because of the minimal profile of the slimline pole, with only the top portion
visible from typical public vantage points, and full screening of the equipment area with a
stucco finish.
One special wireless finding is that alternative sites further from residential
districts, public parks or public facilities cannot fill coverage needs. The Proposed
Facility is located in an isolated commercial district surrounded by residential districts
plus a park and school to the west. The owner of the adjacent tennis club property to the
north did not respond to Verizon Wireless’s contact efforts, and this location was
discounted due to lack of landlord interest. The Proposed Facility is as far from less-
preferred locations as feasible without placing it in the shopping center parking lot where
it would pose substantial visual, pedestrian and parking impacts. A summary of
alternative candidates reviewed is attached as Exhibit B. The Proposed Facility is ideally
located to serve the coverage objective while avoiding discouraged locations, and it
satisfies this finding.
Another special wireless finding requires that there is no available, feasible or
more desirable alternative plan that would involve a higher-preference facility class (i.e.,
Classes 1, 2 or 3). Classes 1 and 2 (stealth and visible building-mounted antennas) are
infeasible. This is because buildings in the Eastbluff Village Center are either
unavailable due to lack of landlord interest or already support a wireless facility
integrated into the roof, leaving insufficient space for an additional wireless facility.
Class 3 facilities (right-of-way) are less desirable because the only vertical infrastructure
in nearby rights-of-way is street light poles of limited height that can support only a small
antenna. Generally, street light poles must be replaced with a more robust pole to support
a wireless facility. Lower height reduces the coverage footprint of antennas. Numerous
right-of-way facilities would be required to achieve the service coverage of the Proposed
Facility, constituting a more intrusive deployment overall. As the higher-preference
wireless facility classes are infeasible or less desirable, the Proposed Facility satisfies this
finding.
To summarize, the Proposed Facility meets all special findings for approval of a
wireless facility, as confirmed in the staff report.
Planning Commission - September 13, 2018
Item No. 3a Additional Materials Received
Verizon Eastbluff Monopole Telecom (PA2017-256)
Newport Beach Planning Commission
September 10, 2018
Page 4 of 4
Conclusion
Verizon Wireless has worked diligently to identify a location and design for a
facility to provide reliable new service to the Eastbluff neighborhood in Newport Beach.
The Proposed Facility complies with all Code standards for wireless facilities, as
antennas are fully concealed in a slimline pole only three feet in diameter and mostly out-
of-view behind commercial buildings. The Proposed Facility also meets all findings for
approval of a conditional use permit as well as special findings for wireless facilities.
Improved Verizon Wireless service is important for residents and visitors as well as
emergency service personnel in Newport Beach. We urge you to follow staff’s
recommendation and approve the Proposed Facility.
Very truly yours,
Paul B. Albritton
cc: Aaron Harp, Esq.
Michael Torres, Esq.
Seimone Jurjis
Benjamin Zdeba
Bill Dunlap
Schedule of Exhibits
Exhibit A: Photosimulation
Exhibit B: Alternatives Map
Planning Commission - September 13, 2018
Item No. 3a Additional Materials Received
Verizon Eastbluff Monopole Telecom (PA2017-256)
Planning Commission - September 13, 2018
Item No. 3a Additional Materials Received
Verizon Eastbluff Monopole Telecom (PA2017-256)
Verizon Wireless
Eastbluff Facility, Newport Beach
Alternative Candidates
Candidate 1 – East Bluff Park – City of Newport Beach Park
City responded to initial inquiry asking for more information, but did not respond further once it
found out Verizon Wireless wanted to build a site in the park.
Candidate 2 – Eastbluff Elementary School
The School District did not respond to contact effort.
Candidate 3 – Newport Beach Tennis Club
The owners did not respond to contact efforts.
Candidate 4 – 2503 Eastbluff Drive
Already occupied by another carrier (T-Mobile). Insufficient space for another carrier.
Candidate 5 – Ralph’s
Even though this is a TIC-owned building, the Kroger Corporation still controls the rooftop space
and does not allow wireless facilities.
Planning Commission - September 13, 2018
Item No. 3a Additional Materials Received
Verizon Eastbluff Monopole Telecom (PA2017-256)
1 5
4
32
Single Story
Buildings
Planning Commission - September 13, 2018
Item No. 3a Additional Materials Received
Verizon Eastbluff Monopole Telecom (PA2017-256)
From:Robert McCaffrey
To:Planning Commissioners
Subject:Verizon Wireless; Eastbluff Shopping Center
Date:Tuesday, September 11, 2018 4:29:56 PM
I THINK THIS IS A GOOD IDEA AND WILL GIVE RESIDENTS BETTER SERVICE.
PLEASE APPROVE.
SINCERELY,
BOB MCCAFFREY
Planning Commission - September 13, 2018
Item No. 3b Additional Materials Received
Verizon Eastbluff Monopole Telecom (PA2017-256)