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HomeMy WebLinkAboutZA2018-114 - COASTAL DEVELOPMENT PERMIT TO ALLOW A NEW COLLOCATED, CLASS 1 (STEALTH/SCREENED) WIRELESS TELECOMMUNICATIONS FACILITY - 1601 (CS) BAYSIDE DRIVE05-15-2018 RESOLUTION NO. ZA2018-114 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2018-067 TO ALLOW A NEW COLLOCATED, CLASS 1 (STEALTH/SCREENED) WIRELESS TELECOMMUNICATIONS FACILITY LOCATED AT 1601 (CS) BAYSIDE DRIVE (PA2018-151) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by T-Mobile (“Applicant”), with respect to property located at 1601 (CS) Bayside Drive, requesting approval of a coastal development permit. 2. The parcel at 1601 Bayside Drive is legally described as Parcel 1 of Parcel Map No. 93- 115 3. The Applicant proposes a new Class 1 (Stealth/Screened) wireless telecommunications facility (“telecom”) at the Bahia Corinthian Yacht Club (“BCYC”). The proposal includes a new faux chimney structure that will house up to six (6) panel antennas and will match an existing faux chimney structure. Also included is a fiberglass reinforced plastic (“FRP”) screen wall extension of the existing rooftop elevator penthouse that will house up to three (3) panel antennas. All supporting equipment will be located within an enclosure at the ground level. 4. The subject property is designated Private Institutions (PI) by the General Plan Land Use Element and is located within the Private Institutions (PI) Zoning District. 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Private Institutions (0.0 – 0.30 FAR) (PI-A) and the property is located within the Private Institutions (PI) Coastal Zone District. 6. A public hearing was held on October 25, 2018, in the Corona del Mar Conference Room (Bay E-1st Floor) 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. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is categorically exempt pursuant to Title 14 of the California Code of Regulations Section 15303 , Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of Small Structures), because it has no potential to have a significant effect on the environment. Zoning Administrator Resolution No. ZA2018-114 Page 2 of 10 05-15-2018 2. The proposed project is the installation of a new telecom facility at an existing nonresidential building. The project consists of a new faux chimney, the extension of an existing elevator penthouse, and the installation of supporting equipment within a screening enclosure at the ground level. No additional square footage is being created as a result of the project. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location 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 Newport Beach Municipal Code (“NBMC”) Section 21.52.015 (Coastal Development Permits, Findings and Decision), the following findings and facts in support of such findings are set forth: Finding: A. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. Telecoms are an allowed use within the PI District per Table 21.26 -1 (Allowed Uses) of NBMC Section 21.26.020 (OS, PF, PI, PR, and TS Coastal Zoning District Land Uses). 2. The proposed telecom is considered a Class 1 (Stealth/Screened) installation which will be collocated at an existing facility. NBMC Section 21.49.040 (Telecom Facility Preferences and Prohibited Locations) lists collocated and Class 1 installations at the top of the installation preference list. 3. The design of the proposed faux chimney closely matches that of the existing faux chimney occupied by antennas and equipment for Verizon Wireless. The extension of the existing elevator penthouse by two feet will not create additional bulk such that building scale is compromised. This will help to ensure the telecom blends into the surrounding environment as common architectural elements. 4. The proposed faux chimney and elevator penthouse extension will comply with the maximum height limit of 26 feet and will serve to screen all proposed antennas and related equipment. The supporting equipment will be located at ground level to the immediate south of the BCYC building within a concrete masonry unit (“CMU”) wall enclosure. Therefore, the proposed telecom will be completely screened from view. 5. The proposed telecom complies with NBMC Section 21.30.100 (Scenic and Visual Quality Protection) inasmuch as it is not located in any public viewshed to or along the ocean, bay, beach or coastal bluffs. The closest public viewpoint identified in the Coastal Zoning Administrator Resolution No. ZA2018-114 Page 3 of 10 05-15-2018 Land Use Plan is from Irvine Terrace Park to the east from which the BCYC building is not visible due to intervening development and landscaping. 6. The proposed faux chimney and elevator penthouse extensions will comply with the maximum allowable height limit of 26 feet to the top of a flat structure within the PI District and the Shoreline Height Limit Zone. 7. All proposed landscaping around the supporting equipment enclosure will comply with NBMC Section 21.30.075 (Landscaping). A condition of approval is included that requires drought-tolerant species. Prior to issuance of building permits, the final landscape plans will be reviewed to verify invasive species are not planted Finding: B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone . Fact in Support of Finding: 1. The project site is located between the nearest public road and the sea or shoreline; however, the project will not affect the public’s ability to gain access to, use, and/or view the coast and nearby recreational facilities. Vertical access to the bay front is provided by way of an existing 10-foot-wide pedestrian easement over the BCYC property. Said easement will not be impacted by the proposed telecom installation. 2. Lateral access and views of the ocean are also available along an existing 6-foot-wide public sidewalk in front of the project site. 3. See Fact in Support of Finding A(5). 4. The project will allow the collocation of a telecom that complies with all applicable Local Coastal Program (LCP) development standards and maintains a building envelope consistent with the existing and anticipated future surrounding neighborhood pattern of development. Therefore, the project does not have the potential to degrade the visual quality of the Coastal Zone. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2018-067, 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 or call for review is filed with the Community Development Director in accordance with the provisions of NBMC Title 21 Zoning Administrator Resolution No. ZA2018-114 Page 4 of 10 05-15-2018 Local Coastal Implementation Plan. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 25TH DAY OF OCTOBER, 2018. ____________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2018-114 Page 5 of 10 05-15-2018 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter sensitive habitat, receiving waters, or a storm drain or result in impacts to environmentally sensitive habitat areas, streams, the beach, wetlands or their buffers. 3. The telecom facility approved by this permit shall comply with all applicable rules, regulations, and standards of the Federal Communications Commission (“FCC”) and the California Public Utilities Commission (“CPUC”). 4. The telecom facility approved by the permit shall comply with any easements, covenants, conditions, or restrictions on the underlying real property upon which the facility is located. 5. Anything not specifically approved by this permit is not permitted and must be addressed in a separate and subsequent Telecom Permit review. 6. The telecom approved by this permit shall not exceed twenty-six feet (26’) in height from the finish floor elevation, as depicted on the project plans attached to the staff report dated October 25, 2018. A Height Certification Inspection shall be required prior to final of building permits. 7. 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. 8. 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 9. 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. 10. 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. Zoning Administrator Resolution No. ZA2018-114 Page 6 of 10 05-15-2018 11. 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. 12. The Applicant recognizes that the frequencies used by the cellular facility located at 1601 (CS) Bayside Drive are extremely close to the frequencies used by the City of Newport Beach for public safety. This proximity will require extraordinary “comprehensive advanced planning and frequency coordination” engineering measures to prevent interference, especially in the choice of frequencies and radio ancillary hardware. This is encouraged in the “Best Practices Guide” published by the Association of Public-safety Communications Officials-International, Inc. (“APCO”), and as endorsed by the FCC. 13. 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 activat ion of the facility. If the point of contact changes, the City shall be alerted and updated immediately. 14. 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. 15. 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. 16. 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 s hielded 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. 17. At all times, the operator for T-Mobile 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 conformanc e with Municipal Code Section 21.49.050. Zoning Administrator Resolution No. ZA2018-114 Page 7 of 10 05-15-2018 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 NBMC Chapter 21.49, 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 approval does not authorize any new or existing improvements (including landscaping) on State tidelands, public beaches, or the public right -of-way. 24. This Coastal Development Permit does not authorize any development seaward of the private property. 25. Best Management Practices (BMP’s) and Good Housekeeping Practices (GHP’s) shall be implemented prior to and throughout the duration of construction activity as designated in the Construction Pollution Prevention Plan (CPPP). 26. The discharge of any hazardous materials into storm sewer systems or receiving waters shall be prohibited. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. A designated fueling and vehicle maintenance area with appropriate berms and protection to prevent spillage shall be provided as far away from storm drain systems or receiving waters as possible. 27. Debris from demolition shall be removed from work areas each day and removed from the project site within 24 hours of the completion of the project. Stock piles and construction materials shall be covered, enclosed on all sites, not stored in contact with the soil, and located as far away as possible from drain inlets and any waterway. 28. Trash and debris shall be disposed in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. Zoning Administrator Resolution No. ZA2018-114 Page 8 of 10 05-15-2018 29. Revisions to the approved plans may require a n amendment to this Coastal Development Permit or the processing of a new coastal development permit. 30. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 31. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Coastal Development Permit. 32. This Coastal Development Permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 33. Prior to the issuance of building permits, the applicant shall submit a final construction erosion control plan. The plan shall be subject to the review and approval by the Buildin g Division. 34. Prior to issuance of a building permit, a copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans. 35. Prior to issuance of a building permit, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Coastal Development file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Coastal Development Permit. 36. Prior to the issuance of building permits, the applicant shall submit a final landscape and irrigation plan. These plans shall incorporate drought tolerant plantings, non -invasive plant species and water efficient irrigation design. The plans shall be approved by the Planning Division. 37. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing, and trim ming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 38. Prior to the issuance of building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 39. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the c onditions of this approval by the current Zoning Administrator Resolution No. ZA2018-114 Page 9 of 10 05-15-2018 property owner or agent. 40. The applicant is responsible for compliance with the Migratory Bird Treaty Act. In compliance with the (MBTA), grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of Native Birds pursuant to MBTA: A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within 300 feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area. B. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance, consider hiring a biologist to assist with the survey for nesting birds, and to determine when it is safe to commence construction activities. If an active nest is found, one or two short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active. 41. This Coastal Development Permit No. CD2018-067 shall expire unless exercised within 24 months from the date of approval as specified in Section 21.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 42. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of the Bahia Corinthian Yacht Club Telecom including, but not limited to Coastal Development Permit No. CD2018-067 (PA2018-151). 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 43. Storage of batteries must comply with California Fire Code Section 608, Stationary Storage Battery Systems. Zoning Administrator Resolution No. ZA2018-114 Page 10 of 10 05-15-2018 44. 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 45. 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. 46. 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. Public Works 47. 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. 48. The storage of all project related equipment during construction shall be on-site and outside the public right-of-way. 49. An approved encroachment permit is required for all work activities within the public right- of-way. 50. The project shall not conflict with any easements over the property. If an easement is determined to be no longer necessary, the property owner shall work with the City or responsible agency to abandon it.