Loading...
HomeMy WebLinkAboutPC2018-027 - CONDITIONAL USE PERMIT AUTHORIZING THE CONSTRUCTION OF ONE MONOPOLE AND A 232-SQAURE-FOOT SUPPORTING EQUIPMENT ENCLOSURE FOR A NEW WIRELESS TELECOMMUNICATIONS FACILITY - 2545 EASTBLUFF DRIVEA 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. 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 131 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. Planning Commission Resolution No. PC2018-027 Paqe 2 of 13 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 15300.2 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 NEMC 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: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 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. 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: 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 in the immediate area. The existing neighborhood -commercial shopping center is explicitly 07-23-18 Planning Commission Resolution No. PC2018-027 Paae 3 of 13 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(8) (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. 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: 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, visitors and businesses in the neighborhood by providing wireless access to voice and data 07-23-18 Planning Commission Resolution No. PC2018-027 Paae 4 of 13 transmission services. The proposed facility will not result in any material changes to the character of the local community. Findin : 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: 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 concerns regarding access, public services, or utilities provided to the existing neighborhood and surrounding area. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 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 safety. 07-23-18 Planning Commission Resolution No. PC2018-027 Paqe 5 of 13 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: F. The proposed telecom facility is visually compatible with the surrounding neighborhood. Facts in Support of Finding: 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. G. The proposed telecom facility complies with height, location and design standards, as provided for in this chapter. Facts in Support of Finding: 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. 07-23-18 Planning Commission Resolution No. PC2018-027 Paae 6 of 13 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: 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. An alternative plan that would result in a higher preference facility class category for the proposed facility is not available or reasonably feasible and desirable under the circumstances. Facts in Support of Finding: 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. 07-23-18 Planning Commission Resolution No. PC2018-027 Paae 7 of 13 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 fagades would yield antenna heights too low resulting in signals 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: 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: Dunlap, Kleiman, Koetting, Kramer, Lowrey, Weigand and Zak NOES: ABSTAIN: ABS BY: 0) Peter Zak,/Chairman 07-23-18 Planning Commission Resolution No. PC2018-027 Page 8 of 13 BY: Bill Dunlap, Secretary 07-23-18 Planning Commission Resolution No. PC2018-027 Paae 9 of 13 EXHIBIT "A" LoLeffil (Project -specific conditions are in italics) Planning Division 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 anytime. 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 07-23-18 Planning Commission Resolution No. PC2018-027 Paae 10 of 13 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 direct rays do not shine on nearby properties. Prior to the final of building permits, the Applicant shall schedule an evening inspection by the Code Enforcement Division to confirm compliance with this condition. 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 frequency emissions standards adopted by the FCC. The operator shall be responsible for obtaining and maintaining the most current information from the FCC regarding allowable radio frequency emissions and all other applicable regulations and standards. 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. 07-23-18 Planning Commission Resolution No. PC2018-027 Paae 11 of 13 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 facility 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 NEMC 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 07-23-18 Planning Commission Resolution No. PC2018-027 Page 12 of 13 and nature whatsoever which may arise from orin any mannerrelate (directlyorindirectly) 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 connection with such claim, action, causes of action, suit or proceeding whether incurred by Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 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. 07-23-18 Planning Commission Resolution No. PC2018-027 Paae 13 of 13 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. 07-23-18