HomeMy WebLinkAboutZA2020-030 - APPROVING MINOR USE PERMIT NO. UP2019-030 FOR A SMALL CELL FACILITY LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY ON CITY STREETLIGHT NUMBER SLC0796, AT THE NORTHWESTERN CORNER OF BALBOA BOULEVARD AND 30TH STREET (PA2019-111)RESOLUTION NO. ZA2020-030
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING MINOR
USE PERMIT NO. UP2019-030 FOR A SMALL CELL FACILITY
LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY ON CITY
STREETLIGHT NUMBER SLC0796, AT THE NORTHWESTERN
CORNER OF BALBOA BOULEVARD AND 30TH STREET
(PA2019-111)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by New Cingular Wireless, LLC d.b.a. AT&T Mobility (Applicant),
with respect to City of Newport Beach Streetlight Number SLC0796, located within the
public right-of-way, at the northwestern corner of Balboa Boulevard and 30th Street,
requesting approval of a minor use permit.
2. The Applicant proposes the installation of a small cell wireless facility on a City-owned
streetlight pole. Project implementation will be fully contained within the public right-of-
way on Balboa Boulevard and includes the following: (1) Removal and replacement of
an existing City streetlight; (2) Installation of a small cell wireless facility that consists of
four remote radio units, a raycap disconnect, and an omni-directional antenna within a
12-inch diameter equipment shroud. This equipment would be fixed to the top of the
replaced streetlight pole for a maximum height of 34 feet, 9 inches, and (3)
Establishment of new below-grade support equipment adjacent to the streetlight.
.
3. The streetlight is located within the public right-of-way. The proposal is regulated by
Council Policy L-23 (Siting of Wireless Telecommunications Equipment on City-Owned
Property), as well as Newport Beach Municipal Code (NBMC) Chapter 20.49 (Wireless
Telecommunication Facilities).
4. The project site is located within the coastal zone. It is not located between the first
public roadway paralleling the sea and the sea. The removal and installation of an
existing streetlight pole is exempt from the requirements of a coastal development
permit pursuant to Section 21.50.035(C)(4) (Repair and Maintenance) of the NBMC. In
consultation with Coastal Commission staff, the modification of a streetlight for a small
cell facility remains exempt, provided there is no visual resource impact. The project
was reviewed for consistency with the Public View Protection regulations of Section
21.49.050(B) (Public View Protection) of the NBMC. It is not on a coastal bluff or canyon,
not adjacent to or within the viewshed of a public view point, coastal view road, public
park or beach, or public accessway, as identified on the Coastal Land Use Plan Map 4-
3 (Coastal Views), and does not contain significant natural landforms or vegetation. The
project scope involves the removal and replacement of an existing City streetlight in the
same location with the same luminaire height. The project has been designed to blend
in within the existing streetscape. The replacement streetlight is consistent with the size,
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shape, style, and design of the existing pole. No above ground mounted equipment is
proposed and the support equipment is proposed to be placed in underground
handholes. All transmission equipment, including remote radio units and the raycap
disconnect switch, are fully concealed within a screening shroud. The installation of a
small cell wireless facility will not have a negative impact on coastal views or coastal
resources; therefore, a coastal development permit is not required.
5. A public hearing was held on April 16, 2020, in the Community Room at 100 Civic Center
Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in
accordance with the NBMC. 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 exempt from the California Environmental Quality Act (CEQA) pursuant
to Sections 15302 and 15303 under Class 2 (Replacement or Reconstruction) and Class
3 (New Construction or Conversion of Small Structures), respectively, of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential to have a significant effect on the environment. Class 2 consists of replacement
or reconstruction of existing structures and facilities where the new structure will be
located on the same site as the structure replaced and will have substantially the same
purpose and capacity as the structure replaced. Class 3 consists of construction and
location of limited numbers of new, small facilities or structures; installation of small new
equipment and facilities in small structures; and the conversion of existing small
structures from one use to another where only minor modifications are made in the
exterior of the structure.
2. In this case, the proposal includes the removal and replacement of an existing City
streetlight pole to install a small telecommunications wireless facility, including below-
grade accessory equipment.
3. The exceptions to the Class 3 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.
Minor Use Permit
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:
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Finding:
A. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The project site is designated as Public Right-of-Way (ROW), which is property held in
trust by the City, and allows for the construction and maintenance of public roads,
crosswalks, pedestrian walkways, electric transmission lines, oil or gas pipeline, water
line, sanitary or storm sewer, or other similar uses. City Council Policy L-23 (Siting of
Wireless Telecommunications Equipment on City-Owned Property) governs procedures
and locations for siting wireless telecommunications equipment in the ROW. Streetlights
are eligible for telecom use, subject to entitlements (such as this minor use permit
request), yearly rent, and a license agreement.
2. General Plan Natural Resources Goal NR 21 recommends the “minimized visual
impacts of signs and utilities.” The proposed design is consistent with NR 21 by
introducing no new vertical obstructions in the ROW, employing stealth elements like
colorization (painting to match the streetlight pole), and installing the associated
equipment below grade. Conditions of Approval No. 20 and 21 prohibit advertising
signage or identifying logos on any telecom facility except for small identification,
address, warning, and similar information plates. Signage required by State or Federal
regulations shall be allowed in its smallest permissible size.
3. General Plan Land Use Policy LU 6.1.3 promotes “architecture and planning that
complements adjoining uses.” The proposed design adjoins residential uses and aligns
with LU 6.1.3 by copying the size, shape, style, and design of the existing streetlight
pole to decrease potential disruption of the visual environment. Adverse impact to
circulation, aesthetics, sounds, or odor are not anticipated from project implementation.
4. General Plan Land Use Policy LU 4 calls for the “management of growth and change to
protect and enhance the livability of neighborhoods and achieve distinct and
economically vital business and employment districts, which are correlated with
supporting infrastructure and public services and sustain Newport Beach’s natural
setting.” The proposed small cell facility upholds the intent of LU 4 by providing
infrastructure to add system capacity for service gaps that may occur for residents and
businesses of the area in regular and high demand periods. It also benefits the
community by improving the existing coverage and capacity to increase the voice and
data system already in use by its customers. The facility is designed to adapt and accept
future technologies, such as 5G, and will help meet local demand and sustain the
livability of the area.
5. The project site is not located within a specific plan area
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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. See Fact in Support of Finding A.1.
2. Wireless telecommunication facilities are regulated by NBMC Chapter 20.49 (Wireless
Telecommunication Facilities). To site small cell equipment in the ROW assigns the
project a Class 3 specification (Public Right-of-Way Installations) and requires the
Applicant to obtain a minor use permit from the Zoning Administrator (NBMC Section
20.49.060 [Permit Review Procedures]).
3. NBMC Subsection 20.49.040(A) (Preferred Locations) prioritizes telecom facilities from
most preferred (1) to least preferred (4) 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) small cell facility that
is designed to not visually dominate the surrounding area and instead to blend into the
existing block.
4. NBMC Section 20.49.050 (General Development and Design Standards) requires
projects to be visually compatible with surrounding structures. In reviewing this
application, the Zoning Administrator shall consider the proposed facility’s use of color
blending, equipment screening, and the limited size of the equipment designed
consistently with the aforementioned criteria. All telecommunications equipment on top
of the streetlight pole would be concealed within a painted-to-match 12-inch diameter
shroud. The proposed small cell facility would rely on likeness with the streetlight pole
through style, color, and material to help disguise its presence. Engineering of the
replacement streetlight pole accommodates and withstands the weight of the small cell
equipment and has ability to display a future City banner, if needed. Electrical and wiring
components of the telecommunications equipment are designed to be fully contained
within the new streetlight pole. The overall height of 34 feet, 9 inches from finished grade
to the top of the proposed facility complies with the maximum allowed. Equipment not
contained within the shroud on the streetlight pole would be out of sight, located below
the ground in the adjacent ROW. Condition of Approval No. 32 requires approved design
drawings from Southern California Edison (SCE) of the power supply to the small cell
facility before construction of the facility is to commence.
5. Existing residential properties contiguous to the site are in the R-2 (Two-Unit
Residential) Zoning District. R-2-zoned sites allow for structures up to 24 feet for flat roof
elements and 29 feet to the ridge of a sloped roof. The height of the existing streetlight
SLC0796 sits just above the maximum allowable height for residential structures. The
streetlight is separated from the residences by a large 20-foot vegetated parkway that
is landscaped with taller palm trees. Given this buffer between the streetlight and the
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residences, the streetlight is softened and screened by the landscaping from the
residential neighborhood beyond. Furthermore, keeping the luminaire the same height
as the existing streetlight lessens visual obtrusion from the proposed small cell facility
with the line of the existing development.
6. Submitted materials from the Applicant demonstrate the proposal would conform with
Federal Communications Commission (FCC) Rules and Regulations regarding safety
and radio frequency emissions.
7. 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. City of Newport Beach Streetlight No. SLC0796 is located within the public right-of-way
on the northern side of Balboa Boulevard at the northwestern corner of the 30th Street
intersection. It is immediately adjacent to an unusually large vegetated parkway that is
approximately 20 feet wide. Beyond the parkway to the northeast is a block of two-unit
residential development (Attachment No. ZA 2). All surrounding land uses are residential
and vary in density from two-unit residential to single-unit residential. The only exception
is a Commercial Visitor Serving (CV) zoned parcel across 30th Street from the site, which
is presently developed with a laundromat (Beach Coin Laundry).
2. Under the new FCC Order, wireless providers are not required to demonstrate a
significant coverage gap, a qualification previously required by local jurisdictions in order
to support an application. Pursuant to the Order, the City cannot “materially [inhibit] the
introduction of new services or the improvement of existing services.” Moreover,
pursuant to Section 332(c)(7)(B)(i)(II) of U.S. Code Title 47 (Telecommunications), the
City may “not regulate the placement, construction or modification of wireless service
facilities in a manner that prohibits the provision of personal wireless services.” Although
not required, the Applicant produced a coverage map for the project. This map indicates
the proposed facility would boost the supply of capacity and coverage in the vicinity.
3. SLC0796 serves as a part of the City’s existing streetlight inventory. AT&T proposes to:
(1) remove and replace SLC0796 with a new streetlight in the same location; (2)
maintain the existing luminaire height of 29 feet, 9 inches; (3) install telecommunications
equipment for a small cell wireless facility on top of the new streetlight pole resulting in
an overall height of 34 feet, 9 inches; and (4) establish new below-grade support
equipment adjacent to the streetlight, within the public right-of-way.
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4. The replacement streetlight pole design is consistent with the size, shape, style, and
design of that existing, including the attached light arm and luminaire. For safety and
circulation of the area during construction, Condition of Approval No. 40 requires traffic
control plans illustrating compliance with the 2016 watchbook to be reviewed and
approved by the Public Works Department prior to the issuance of any building permit.
5. The proposed telecom facility is anticipated to enhance coverage and capacity for
residents, visitors and businesses in the neighborhood by providing wireless access to
voice and data transmission services. The proposed telecom facility is not expected to
result in any material changes to the character of the local community.
6. See Facts in Support of Finding B.4, B.5, and B.6.
7. The proposed 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.
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 facility will be unmanned and will have no permanent impact on the
circulation system and adjacent land uses due to its location in the parkway, outside of
existing vehicle or pedestrian circulation areas.
3. The Public Works Department and Utilities 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:
1. The proposed 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.
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2. The proposed facility must and will comply with the applicable Federal and State rules,
regulations and standards thus, ensuring public health and safety.
3. See Facts in Support of Finding B.4, B.5, B.6, B.7, and B.8.
4. The proposed telecom facility will be effectively blended based upon the design and
location with the incorporation of the conditions of approval to the greatest extent
feasible. As a result, the proposed facility at this location is not expected to result in
conditions that are materially detrimental to nearby property owners, residents, and
businesses, nor to public health or safety.
Wireless Telecommunications Facility
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. See Facts in Support of Finding B.4, B.5, and B.6.
2. The closest residentially zoned property is located approximately 20 feet northeast of
the project site and is buffered by a large 20-foot-wide parkway area with vegetation of
varying heights. The proposed streetlight is located along the inland side of a well-
traveled street and will blend in with the surrounding streetscape. There are no public
parks near the proposed project. The proposed facility and below-grade accessory
equipment meets the City’s design parameters approved by the City’s Master License
Agreement, which emphasizes stealth techniques and best practices to not be materially
detrimental to the surrounding area.
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 34-foot, 9-inch tall small cell facility would comply with the maximum height limit of
35 feet for telecom facilities installed on streetlights within the public right-of-way.
2. See Facts in Support of Finding B in its entirety.
3. The application includes documentation indicating the need to provide and improve
coverage to the residential areas within the City of Newport Beach. Moreover, the
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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 small cell site will help AT&T to meet its
coverage objectives and improve coverage to nearby areas that are currently marginal.
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. See Fact in Support of Finding C.2.
2. Five nearby streetlights were identified and investigated by the Applicant as possible
alternate locations for this small cell facility; however, all sites were found by the
applicant to be not viable (see Attachment No. ZA 3).
3. Alternative Site #1 is a wooden utility pole located approximately 100 feet north of the
proposed streetlight. This pole is located immediately in front of a two-unit residential
structure that is oriented towards Balboa Boulevard within a narrower parkway area.
Installation of small cell infrastructure at this location would require placement of a
crossarm with exposed equipment on either side of the wooden pole and would not be
as aesthetically compatible as the proposed location. Most importantly, the wooden
utility pole is located within an approved underground assessment and utility district,
which will aim to eventually eliminate such above-ground utilities in the area.
4. Alternative Site #2 at City Streetlight No. SLC0767 located approximately 160 feet
northwest of the proposed streetlight on the opposite side of Balboa Boulevard. This
alternative location is in very close proximity to overhead powerlines, which would make
additional height above the existing streetlight pole infeasible. Furthermore, the existing
streetlight is located such that accessibility is limited and a girthier pole could not be
accommodated without further constraining the sidewalk.
5. Alternative Site #3 is a wooden utility pole located approximately 78 feet west of the
proposed streetlight. This pole is located immediately adjacent to the front patio of an
existing, single-story residence. Like Alternative Site #1, installation of small cell
infrastructure at this location would require placement of a crossarm with exposed
equipment on either side of the wooden pole and would not be as aesthetically
compatible as the proposed location. Most importantly, the wooden utility pole is located
within an approved underground assessment and utility district, which will aim to
eventually eliminate such above-ground utilities in the area.
6. Alternative Site #4 at City Streetlight No. SLC0768 is located at the southwest corner of
Balboa Boulevard and 30th Street approximately 100 feet from the proposed streetlight.
Like Alternative Site #2, this alternative location is in very close proximity to overhead
powerlines, which would make additional height above the existing streetlight pole
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infeasible. Accessibility is also limited here and a girthier pole cannot be accommodated
without further constraining the sidewalk.
7. Alternative Site #5 at City Streetlight No. SLC0766 is located at the alleyway between
30th Street and 29th Street, approximately 175 feet southeast of the proposed
streetlight. Like Alternative Site #2 and Alternative Site #4, accessibility is limited at this
location and a girthier pole cannot be accommodated without further constraining the
sidewalk.
Finding:
I. 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:
1. See Fact in Support of Finding C.2.
2. AT&T’s analysis concluded that a more preferred location as defined by NBMC
Subsection 20.49.040(A) (Preferred Locations), such as a collocation or a Class 1 or 2
facility, would not be technically feasible from an RF or construction perspective. The
analysis explained that small cell facilities are low powered and must be located at the
precise location selected to serve the network traffic demands of the specific limited
area. Further, this type of service cannot be accomplished with a traditional macro
collocation or building mounted site in the area.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant
to Sections 15302 and 15303 under Class 2 (Replacement or Reconstruction) and Class
3 (New Construction or Conversion of Small Structures), respectively, of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential to have a significant effect on the environment. The exceptions to the Class 3
exemption do not apply.
2. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2019-030, subject to the conditions set forth in “Exhibit A,” which is
attached hereto and incorporated by reference.
3. 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 20
Planning and Zoning.
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PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF APRIL, 2020.
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EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning Division
1. The development shall be in substantial conformance with the plans, including elevation
exhibits and visual simulations, stamped and dated with the date of this approval (except
as modified by applicable conditions of approval).
2. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. 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 Use
Permit.
4. The telecom facility approved by this permit shall comply with all applicable Federal and
State rules, regulations, and standards.
5. The replacement pole shall be reconstructed in the exact location of the existing
streetlight pole.
6. The reconstructed streetlight pole design shall be consistent with the size (including
diameter), shape, style, and design of the existing streetlight pole to the greatest extent
feasible, including the attached light arm and luminaire. All mounted equipment shall be
painted to match the color and style of the replacement streetlight pole.
7. All accessory support equipment of this facility shall be installed underground.
8. All electrical and antenna wiring shall be fully encased within the reconstructed
streetlight pole.
9. The telecom facility approved by the use permit shall comply with any easements,
covenants, conditions, or restrictions on the underlying City-trust property upon which
the facility is located.
10. Anything not specifically approved by this permit is not permitted and must be addressed
in a separate and subsequent review.
11. Prior to building permit final, a Height Certification Inspection shall be required prior to
final of building permits. The small cell facility and base streetlight pole approved by this
permit shall not exceed a total of 34 feet, 9 inches in height from existing grade
(maximum elevation height of 43.57 feet above mean sea level using the North
American Vertical Datum of 1988 [NAVD88]).
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12. Prior to building permit issuance, all contractors and subcontractors shall have a valid
City of Newport Beach business license.
13. 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.
14. On an annual basis, the Applicant shall conduct maintenance inspections of the wireless
telecom facility, including the small cell facility and below-grade equipment areas, and
make all necessary repairs. The Community Development Director may require
additional inspections and/or maintenance activities at his/her discretion.
15. 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.
16. 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.
17. The telecommunications facility shall at no time interfere with the frequencies used by
the City of Newport Beach for public safety. “Comprehensive advanced planning and
frequency coordination” engineering measures shall 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.
18. 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.
19. The Applicant shall provide a "single point of contact" for carriers in its Engineering and
Maintenance Departments that is monitored 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 email 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 immediately alerted and updated.
20. No advertising signage or identifying logos shall be displayed on the telecom facility
except for small identification, address, warning, and similar information plates. A detail
of the information plates depicting the language on the plate shall be included in the
plans submitted for issuance of building permits.
21. Appropriate information warning signs or plates shall be posted on the base streetlight
pole of the 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.
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Signage required by State or federal regulations shall be allowed in its smallest
permissible size.
22. Prior to the final of building permits, the Applicant shall schedule an evening inspection
by the Code Enforcement Division to confirm compliance with lighting. The telecom
facility shall be lighted to the extent deemed necessary by the Newport Beach Police
and Utilities Departments for security lighting and consistency with other streetlights in
the area.
23. The Applicant shall maintain the telecom facility in a manner consistent with this
approval.
24. The Applicant shall ensure that its telecom facility complies with the most current
regulatory, operations standards, and radio frequency emissions standards adopted by
the FCC. The Applicant 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. This information shall be made available by
the Applicant upon request of the Community Development Director.
25. The facility shall comply with all applicable provisions of U.S. Code Title 47
(Telecommunications) rules and regulations, including those related to FCC Radio
Frequency safety.
26. 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 NBMC
Section 20.49.050.
27. 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 shall have ninety (90) days from the date of abandonment or
discontinuance to reactivate use of the facility, or remove the telecom facility and restore
the site.
28. 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 review of the modification, and possible amendment
to the use permit, prior to implementing any change.
29. Use Permit No. UP2019-030 shall expire unless exercised within 24 months from the
date of approval as specified in NBMC Section 20.54.060 (Time Limits and Extensions),
unless an extension is otherwise granted.
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30. 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.
31. This Use 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.
32. A copy of the Resolution, including conditions of approval Exhibit “A,” and approved
drawings from Southern California Edison (SCE) for the power supply and design, shall
be incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
33. The Applicant shall promptly notify the City if the landscaped parkway of the subject
streetlight pole is negatively affected or otherwise damaged by project implementation.
34. 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 AT&T Small Cell on SLC0796,
including, but not limited to, Minor Use Permit No. UP2019-030 (PA2019-111). 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.
Public Works Department
35. Prior to the issuance of a building permit, an encroachment permit shall be required.
36. Prior to the issuance of a building permit, traffic control plans illustrating compliance with
the 2016 watchbook requirements shall be reviewed and approved by the Public Works
Department before their implementation. Large construction vehicles shall not be
permitted to travel narrow streets as determined by the Public Works Department.
Disruption caused by construction work along roadways and by movement of
Zoning Administrator Resolution No. ZA2020-030
Page 15 of 15
01-25-19
construction vehicles shall be minimized by proper use of traffic control equipment and
flagman.
Additional Conditions of Approval
37. The Applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA).
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.