HomeMy WebLinkAbout03_AT&T Small Cell SLC4735 Minor Use Permit No. UP2019-027 (PA2019-108)CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
June 11, 2020
Agenda Item No. 3
SUBJECT:AT&T Small Cell SLC4735 (PA2019-108)
Minor Use Permit No. UP2019-027
SITE LOCATION:
Public right-of-way, City streetlight number SLC4735, center median of
Avocado Avenue at the intersection of Kewamee Drive and Avocado
Avenue
APPLICANT:New Cingular Wireless, LLC
CARRIER: AT&T Mobility
OWNER:City of Newport Beach
PLANNER:Joselyn Perez, Assistant Planner
949-644-3312,jperez@newportbeachca.gov
LAND USE AND ZONING
Public Right-of-Way (ROW)
PROJECT SUMMARY
A minor use permit to allow the installation of telecommunications equipment for a small
cell wireless facility on a City-owned streetlight pole. Project implementation will be fully
contained within the public right-of-way on Avocado Avenue 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 27 feet, 5
inches; and (3) Establishment of new below-grade support equipment adjacent to the
streetlight.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project 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 State CEQA (California Environmental Quality Act) Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no
potential to have a significant effect on the environment and the exceptions to the
Class 3 exemption under Section 15300.2 do not apply; and
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3) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No.
UP2019-027 (Attachment No. ZA 1).
BACKGROUND
Over the last several decades, with the invention of new technologies like
smartphones, tablets, and smartwatches, connectivity for wireless devices drove
telecommunications companies to deploy new equipment to allow for the
transmission of more data. Wireless data demand continues to grow, outpacing
the capacity of the existing telecommunications infrastructure.
Small cell technology, like that proposed, is now being deployed across the country
as a new solution to resolve soaring data demand and make coverage more
reliable. In contrast to traditional macro wireless sites (i.e., cell towers), small cells
are able to advance a stronger signal over a small radius by the means of minimal
equipment on existing infrastructure. The result is limited visual intrusion and the
enhanced wireless network capacity which residents, businesses, and visitors
demand.
The City of Newport Beach (City ) regulatory review of wireless telecom siting is
limited by three federal laws: The Communications Act of 1934, the
Telecommunications Act of 1996 (Telecommunications Act ) and a provision of
the Middle-Class Tax Relief and Job Creation Act of 2012 (Spectrum Act ).
Together, these laws aim to facilitate and stimulate wireless infrastructure
development and restrict certain aspects of local authority in review and permitting
of wireless telecommunications facilities. On January 14, 2019, Federal
Communications Commission (FCC) Declaratory Ruling and Order FCC 18-133
(Order ) became effective. This directive further removed barriers to wireless
infrastructure deployment and established accelerated timelines for processing
small wireless facility applications at the local level. It also limited the rights
as a property owner, restricting the type and amount of fees the City can collect
for private use of public property.
On February 12, 2019, the City Council authorized execution of a Master License
Agreement ( MLA ) (Contract No. C-8584-1) with New Cingular Wireless PCS,
LLC (AT&T ). The Master License authorized non-exclusive use of City-owned
streetlights to install telecommunications equipment for small cell facilities, and
included approved designs, fee and rent assessment. AT&T is responsible for all
resultant construction, installation, maintenance, and repair of the small cell
facilities, including all related costs and expenses. Further, AT&T is responsible
for complying with all laws, statutes, ordinances, rules, and regulations that may
be required for their projects.
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As the local regulatory agency, the City assesses wireless service facilities under
local permitting protocol and ensures sites adhere to responsible regulatory
practices, including safety, accessibility, environmental impact, land use, and
aesthetics. However, Section 332(c)(7)(B)(iv) of U.S. Code Title 47
Telecommunications) reads, no state or local government may regulate wireless
telecommunication facilitates on the basis of the perceived health effects of radio
frequency (RF) emissions to the extent that the proposed facilities comply with
FCC regulations concerning emissions. Submitted RF materials from the
applicant demonstrate the proposal would conform with FCC Rules and
Regulations. Condition of Approval No. 25 requires the applicant to comply with
all applicable provisions of U.S. Code Title 47 (Telecommunications) rules and
regulations, including those related to radio frequency emissions.
PROJECT SETTING AND DESCRIPTION
City of Newport Beach Streetlight No. SLC4735 is in a landscaped median on
Avocado Avenue, near Kewamee Drive. All abutting land uses are residential and
vary in density from R-1 (Single-Unit Residential) to the west, R-2 (Two-Unit
Residential) to the east and to the south, and RM (Multiple Residential) to the north.
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
[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 regulate the placement, construction or
modification of wireless service facilities in a manner that prohibits the provision of
personal wireless Although not required, the applicant produced a
coverage map for the project (Attachment No. ZA 4). This map indicates the
proposed facility would boost the supply of capacity and coverage in the vicinity.
Streetlight No. SLC4735 serves as a part of the City s existing streetlight inventory.
AT&T proposes to: (1) remove and replace SLC4735 with a new streetlight in the
same location; (2) maintain the existing luminaire heights of 21 feet, 1 inch for the
left sensor and 20 feet, 11 inches for the right sensor; (3) install
telecommunications equipment for a small cell wireless facility on top of the new
streetlight pole resulting in an overall height of 27 feet, 5 inches; and (4) establish
new below-grade support equipment adjacent to the streetlight, within the public
right-of-way. Please see the Project Description and Justification as
Attachment No. ZA 5.
The replacement streetlight pole design is consistent with the size, shape, style,
and design of that existing, including the attached light arm and luminaire. Project
plans are available for reference as Attachment No. ZA 7. For safety and
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circulation of the area during construction, Condition of Approval No. 37 included
within the draft resolution requires traffic control plans illustrating compliance with
the 2016 WATCHBook (temporary traffic control guidelines in construction work
areas) to be reviewed and approved by the Public Works Department prior to the
issuance of any building permit.
CONSISTENCY WITH LAND USE PLAN AND ZONING CODE
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.
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.
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.
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
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designed to adapt and accept future technologies, such as 5G, and will help meet
local demand and sustain the livability of the area.
From a Zoning Code perspective, Newport Beach Municipal Code (NBMC)
Chapter 20.49 (Wireless Telecommunication Facilities) outlines State- and
federally compliant telecommunication facility development standards and details
permit procedures based on facility Class. Class of a wireless facility is
characterized by its installation type and location. Small cell facilities located on
City-owned streetlights in the ROW are a Class 3 specification (Public Right-of-
Way Installations) and require the applicant to obtain a Minor Use Permit from the
Zoning Administrator (NBMC Section 20.49.060 [Permit Review Procedures]).
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) and 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 small cell facility that is designed to not visually dominate the
surrounding area and instead to blend into the existing block. In accordance with
NBMC Section 20.30.100 (Public View Protection) and General Plan Natural
Resources Policy NR 20.3 (Public Views), the location is not located within a
protected public view corridor and, therefore, would not have any impact to public
views.
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 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 could 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 27 feet, 5 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.
The existing development surrounding the median on Avocado Avenue is entirely
residential. The zoning designations range from R-1 (Single-Unit Residential) to
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the west, R-2 (Two-Unit Residential) to the east and to the south, and RM (Multiple
Residential) to the north. Both the R-1-and R-2 zoning districts allow for principal
structures up to 29 feet in height for sloped roof elements while RM allows up to
33 feet for sloped roof elements. The height of the replacement streetlight with
proposed equipment will not exceed the height limitations of the surrounding
structures and is not anticipated to dominate the streetscape. Photographic visual
simulations of the facility, depicting the existing and proposed conditions, have
been prepared by the applicant and are included as Attachment No. ZA 6.
The streetlight is located within a landscaped median and separated from any
surrounding residence by two lanes of travel on Avocado Avenue. There are other
City streetlights, street signs, and wayfinding signs common to City streetscapes
adorning Avocado Avenue. There is also an existing Hong Kong Orchid tree
adjacent to the streetlight. The Hong Kong Orchid has large thick leaves and
vibrant purplish red flowers. The tree helps to provide a visual distraction from the
proposed equipment. Additionally, there are tall palm and eucalyptus trees in the
median that will help screen the equipment. For the reasons listed above, the
proposed streetlight and associated equipment is anticipated to blend into the
existing streetscape.
The project site is located within the coastal zone and 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. The site is not located between the first public roadway
paralleling the sea, is not on a coastal bluff or canyon, is 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 with its surroundings while it will be visible. The replacement
streetlight is consistent with the size, 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 an impact on coastal views or coastal resources; therefore, a coastal
development permit is not required.
HEALTH AND SAFETY
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Section 332(c)(7)(B)(iv) of U.S. Code Title 47 (Telecommunications) reads, no
state or local government may regulate wireless telecommunication facilitates on
the basis of the perceived health effects of radio frequency (RF) emissions to the
extent that the proposed facilities comply with FCC regulations concerning
emissions. Submitted RF materials from the applicant demonstrate the proposal
would conform with FCC Rules and Regulations. Condition of Approval No. 25
requires the applicant to comply with all applicable provisions of U.S. Code Title
47 (Telecommunications) rules and regulations, including those related to FCC
Radio Frequency safety.
ALTERNATIVE SITES CONSIDERED
Three 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).
Alternative Site #1 at City Streetlight No. SLC4734 is located approximately 150
feet southwest of the proposed streetlight. This location is also in a landscaped
median along Avocado Avenue and is situated between two tall eucalyptus trees.
The trees are taller than the streetlight and most of the foliage of these trees grows
near the top of the tree, above the height of the streetlight, while the trunk is
somewhat barren. Furthermore, the trees are located over 25 feet away from the
streetlight and are not immediately adjacent. The trees in this location provide less
screening than the proposed location and the small cell facility is anticipated to be
more visually intrusive in this location.
Alternative Site #2 at City Streetlight No. SLC4736 is located approximately 240
feet northeast of the proposed streetlight, at the intersection of Fourth Avenue and
Avocado Avenue. This location is also in a landscaped median on Avocado
Avenue and abuts a pedestrian ramp. While the pedestrian ramp does not prevent
the installation of the necessary below grade equipment, the lack of surrounding
trees to provide visual distraction, screening, or masking renders the proposed
equipment more likely to be visually intrusive at this location.
Alternative Site #3 at City Streetlight No. SLC4720 is located approximately 310
feet northwest of the proposed streetlight. This streetlight is located within the
sidewalk of Kewamee Drive and immediately adjacent to a condominium building.
The sidewalk in this location is narrow. There is less than 3 feet in width from the
back of the existing streetlight to the edge of sidewalk and a replacement streetlight
would not be able to be installed in accordance with American with Disabilities Act
(ADA) requirements. The proposed project is infeasible at this location.
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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. Small cell facilities use an omni directional
antenna that propagates in 360 degrees. They function most efficiently on an
unobstructed, vertical, structure such as a streetlight or utility pole. Installing a
small cell on a building, such as the nearby condominium complex, would not be
feasible because most of the signal would be blocked by the structures of the
condominium complex.
ENVIRONMENTAL REVIEW
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.
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.
The exceptions to the Class 3 categorical exemptions 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.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways) including the applicant, and posted on the subject streetlight pole at least 10
days before the scheduled hearing, consistent with the provisions of the Municipal Code.
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Although not required, a courtesy notice was mailed to residential occupants living within
the aforementioned radius. Additionally, the item appeared on the agenda for this
meeting, which was posted at City Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. For additional information on filing an appeal, contact
the Planning Division at 949-644-3200.
Prepared by:
BMZ/jp
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Alternative Locations Studied and Rejected
ZA 4 Coverage Maps
ZA 5
ZA 6 Photographic Visual Simulations
ZA 7 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2020-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING MINOR
USE PERMIT NO. UP2019-027 FOR A SMALL CELL FACILITY
LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY ON CITY
STREETLIGHT NUMBER SLC4735, ON THE CENTER MEDIAN
OF AVOCADO AVENUE AT THE INTERSECTION OF KEWAMEE
DRIVE AND AVOCADO AVENUE (PA2019-108)
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 (Applicant ), with respect to
City of Newport Beach Streetlight Number SLC4735, located within the public right-of-
way, in the center median of Avocado Avenue near Kewamee Drive, 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 Bayside Drive 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 27 feet, 5 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 City
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 and 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 California 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 regulations of NBMC Section
21.49.050(B) (Public View Protection). The subject location is not located between the
first public roadway paralleling the sea and the sea. Is not on a coastal bluff or canyon,
not adjacent to or within the viewshed of a public viewpoint, 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 heights. The project has been designed to blend
with its surroundings while it will be visible. The replacement streetlight is consistent with
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the size, 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 an impact on coastal views or
coastal resources; therefore, a coastal development permit is not required.
5. A public hearing was held on June 11, 2020, in the Council Chambers 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) and 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 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 27 feet, 5 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) for the power supply to the small cell
facility before construction of the facility is to commence.
5. The existing development which surrounds the median on Avocado Avenue is entirely
residential. The zoning designations range from R-1 (Single-Unit Residential) to the
west, R-2 (Two-Unit Residential) to the east and to the south, and RM (Multiple
Residential) to the north. Both the R-1-and R-2 zoning districts allow for principal
structures up to 29 feet in height for sloped roof elements, while RM allows up to 33 feet
for sloped roof elements. The height of the replacement streetlight with proposed
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equipment will not exceed the height limitations of the surrounding structures and will
not stick out.
6. An existing Hong Kong Orchid tree is located within the center median, immediately
adjacent to the streetlight. The Hong Kong Orchid has large thick leaves and vibrant
purplish red flowers. The tree helps to provide a visual distraction from the proposed
equipment. Additionally, there are tall palm and eucalyptus trees in the median that will
help screen the equipment.
7. Submitted materials from the Applicant demonstrate the proposal would conform with
Federal Communications Commission (FCC) Rules and Regulations regarding safety
and radio frequency emissions.
8. 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. SLC4735 serves as a part of the City s existing
streetlight inventory. The Applicant proposes to remove and replace SLC4735 with a
new streetlight in the same location while maintaining the existing luminaire heights of
21 feet, 1 inch for the left luminaire sensor and 20 feet, 11 inches for the right luminaire
sensor. The telecommunications equipment will be installed on top of the new streetlight
pole resulting in an overall height of 27 feet, 5 inches. All supporting equipment will be
installed below-grade adjacent to the streetlight, within the public right-of-way.
2. The replacement streetlight pole design is consistent with the size, shape, style, and
design of that existing, including the attached light arms and luminaire sensors. For
safety and circulation of the area during construction, Condition of Approval No. 36
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.
3. 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.
4. Under FCC Orders, 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 [inhibit] the introduction
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of new services or the improvement of existing Moreover, pursuant to Section
332(c)(7)(B)(i)(II) of U.S. Code Title 47 (Telecommunications), the City may
regulate the placement, construction or modification of wireless service facilities in a
manner that prohibits the provision of personal wireless 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.
5. See Facts in Support of Finding B.4, B.5, and B.6.
6. 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.
2. The proposed facility must and will comply with the applicable Federal and State rules,
regulations and standards thus, ensuring public health and safety.
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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 streetlight is located within a landscaped median and separated from any
surrounding residence by two (2) lanes of travel on Avocado Avenue. There are other
City streetlights, street signs, and wayfinding signs common to City streetscapes
adorning Avocado Avenue. The proposed streetlight and associated equipment will
blend into the existing streetscape.
3. There are no public parks near the proposed project.
4. 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 27-foot, 5-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.
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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
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. Three (3) alternative streetlights neighboring the project were identified and investigated
by the Applicant, but both sites were found not practicable.
2. Alternative Site #1 at City Streetlight No. SLC4734 is located approximately 150 feet
southwest of the proposed streetlight. This location is also in a landscaped median along
Avocado Avenue and is situated between two tall eucalyptus trees. The trees are taller
than the streetlight and most of the foliage of these trees grows near the top of the tree,
above the height of the streetlight, while the trunk is somewhat barren. Furthermore,
the trees are located over 25 feet away from the streetlight and are not immediately
adjacent. The trees in this location provide less screening than the proposed location
and the small cell facility is anticipated to be more visually intrusive in this location.
3. Alternative Site #2 at City Streetlight No. SLC4736 is located approximately 240 feet
northeast of the proposed streetlight, at the intersection of Fourth Avenue and Avocado
Avenue. This location is also in a landscaped median on Avocado Avenue and abuts a
pedestrian ramp. While the pedestrian ramp does not prevent the installation of the
necessary below grade equipment, the lack of surrounding trees to provide visual
distraction, screening, or masking renders the proposed equipment more likely to be
visually intrusive at this location.
4. Alternative Site #3 at City Streetlight No. SLC4720 is located approximately 310 feet
northwest of the proposed streetlight. This streetlight is located within the sidewalk of
Kewamee Drive and immediately adjacent to a condominium building. The sidewalk in
this location is narrow. There is less than 3 feet in width from the back of the existing
streetlight to the edge of sidewalk and a replacement streetlight would not be able to be
installed in accordance with American with Disabilities Act (ADA) requirements. The
proposed project is infeasible at this location.
5. There is an existing condominium complex at the intersection of Avocado Avenue and
Kewamee Drive. The property is zoned RM (Multiple Residential) and while the RM
zoning district does permit the installation of wireless telecommunication facilities where
the maximum allowable number of dwelling units is more than four, a small cell facility
at this location would not be technically feasible from an RF perspective. Small cell
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facilities are low powered and must be located at the precise location selected to serve
the network traffic demands of the specific limited area. Small cell facilities use an omni
directional antenna that propagates in 360 degrees and function most efficiently on an
unobstructed, vertical, structure such as a streetlight or utility pole. Most of the signal
would be blocked by the structures of the condominium complex.
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. Fact in Support of finding H.5 is incorporated by reference.
2. The Applicant 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. UP2019-027, 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.
PASSED, APPROVED, AND ADOPTED THIS 11TH OF JUNE, 2020.
_____________________________________
Jaime Murillo, Zoning Administrator
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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 27 feet, 5 inches ( ) in height from existing grade
(maximum elevation height of 117.2 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. advanced planning and
frequency 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 the carrier 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. Minor Use Permit No. UP2019-027 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. Noise-generating construction activities are
not allowed on Saturdays, 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 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.
34. 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.
35. 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 SLC4735, including,
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but not limited to, Minor Use Permit No. UP2019-027 (PA2019-108). 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
36. Prior to the issuance of a building permit, an encroachment permit shall be required.
37. 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
construction vehicles shall be minimized by proper use of traffic control equipment and
flagman.
25
Attachment No. ZA 2
Vicinity Map
26
VICINITY MAP
Minor Use Permit No. UP2019-027
PA2019-108
Public right-of-way, City streetlight number SLC4735,
center median of Avocado Avenue at the intersection
of Kewamee Drive and Avocado Avenue
Subject
Streetlight
27
Tmplt: 07/25/19
Attachment No. ZA 3
Alternative Locations Studied and
Rejected
28
29
30
31
32
33
34
35
36
Attachment No. ZA 4
Coverage Maps
37
38
39
40
Attachment No. ZA 5
Justification
41
Exhibit B
New Cingular Wireless PCS, LLC d/b/a AT&T Mobility
AT&T Site ID: HBNPB_042 and FA#14807371
Project Address: City streetlight No. SLC4735 located in the center median of Avocado Avenue,
approximately 50 feet south of the northeast corner of Kewamee Drive and Avocado
Avenue, Newport Beach
Project Narrative
New Cingular Wireless PCS, LLC d/b/a AT&T Mobility (“AT&T”) is proposing to install a new small cell wireless
telecommunications facility to serve residents and businesses in this portion of the community. Small cells are
low-power, low-profile wireless communications facilities that improve signal quality and capacity within
AT&T’s existing wireless network. The proposed small cell facility will help AT&T provide and improve critical
wireless services in this area.
AT&T estimates that since the introduction of the iPhone in 2007, mobile data usage has increased 470,000%
on its network. AT&T customers’ growing demand for mobile data services will continue to increase. Customer
needs require AT&T to design and maintain its network to provide and improve wireless signal quality and to
increase data rates sufficient to stream video. Areas that do not meet this minimal standard, or where wireless
service is otherwise compromised, represent service issues that must be addressed.
Specifically, this proposed small cell facility will improve AT&T’s wireless services by offloading network traffic
carried by existing macro facilities in the area. In addition, faster data rates allow customers to get on and off
the network quickly, which produces more efficient use of AT&T’s limited spectrum. By placing the small cell
facility in areas where AT&T’s existing wireless telecommunications facilities are constrained and where AT&T
experiences especially high network traffic, AT&T can address the existing and forecasted demand and support
5G speeds in the near future.
Improving signal quality and increasing data speed is critical to providing the mobile experience customers
demand and to manage the unprecedented increase in mobile data usage on AT&T’s network. The Center for
Disease Control and Prevention (CDC) tracks the rates at which American households are shifting from landlines
to wireless telecommunications. According to the CDC’s latest Wireless Substitution Report, more than 70
percent of Americans rely exclusively or primarily on wireless communications in their homes.1 In addition, the
FCC estimates that 70 percent of all 911 calls are made from wireless devices.2 And with AT&T’s selection by
FirstNet as the wireless service provider to build and manage the nationwide first responder wireless network,
each new or modified facility will help strengthen first responder communications.
Description of Service and Site Type
AT&T selected the proposed facility as the best available means to address its service objectives in this portion
of the city. The proposed small cell facility will be located in the public right-of-way, where AT&T has a right to
place its equipment pursuant to Section 7901 of the California Public Utilities Code. The proposed node is a
Pico cell site and will provide 4G services to the surrounding area. The project will involve the placement of a
small antenna and associated small cell equipment enclosed within a replacement streetlight. For this small
1See Wireless Substitution: Early Release of Estimates From the National Health Interview Survey, January-June 2018 , available
at http://www.cdc.gov/nchs/data/nhis/earlyrelease/wireless201812.pdf.
2See 911 Wireless Services, available at https://www.fcc.gov/consumers/guides/911-wireless-services.
42
Exhibit B
Page 2 of 3
cell, AT&T proposes to install a 10-inch diameter omni-directional antenna and radios at the top of a
replacement streetlight, fully concealed within a 12-inch diameter shroud. The facility will not obstruct
pedestrian or vehicular traffic. It will not adversely affect the surrounding properties and will have a minimal
physical and aesthetic footprint in this area. In addition, the proposed facility fully complies with applicable
design criteria. Therefore, the City can easily make the necessary findings for approval for this small cell facility.
The project scope will consist of the following:
Removal and replacement of a streetlight.
Installation of a single omni-directional antenna.
Installation of four remote radio units and raycap disconnect switch within a shroud.
Installation of below grade power and fiber handholds.
Conformance with FCC Regulations
The proposed low powered antenna installation attached to the utility pole is considered categorical excluded
by the FCC based on the analysis included in the FCC Optional Checklist for Determination of the Local Official’s
Guide to RF (attached). Installations that are categorically excluded are considered to meet or exceed the FCC
standards for RF Emissions.
Construction, Maintenance and Monitoring
Construction of the proposed project will take approximately 30-days. All construction will be done in a manner
that minimizes impact to residents and/or businesses in the area. Existing underground or overhead power
and fiber connections will be used with minimal trenching. Directional boring will be used when deemed
appropriate for each specific location.
Maintenance of the subject facility is minimal. The telecom operator will be responsible for maintenance of
the telecom facility including, but not limited to, any missing, discolored or damaged screening, all graffiti will
be removed promptly, and the facility kept clean and free of litter. Monitoring is typically done from AT&T’s
switching offices. If needed, a site visit to change any radio equipment will be coordinated with the city through
the appropriate process.
Site Preferred Location and Alternative Analysis
The City of Newport Beach Code Section 20.49.040 lists the preferred locations for telecommunication facilities
to limit adverse visual effects and the proliferation of new or individual telecom facilities in the City. Class 3 is
defined as public right-of-way installations where the facility can be installed on a structure located in the
public right-of-way. The proposed AT&T small cell facility falls under this category and is the third on the list of
preferred locations. The proposed installation is consistent with the approved city designs under the master
agreement between AT&T and the City. Due to the slim design, camouflaged antenna, use of existing city
structures within the right-of-way, AT&T believes that the changes to the existing streetlights are non-material
or aesthetic changes that would not impact the surrounding development of this area. The other preferred
locations as listed by code relate to the use of existing non-residential buildings or other structures, which are
stealth and fully screened and not visible to the general public. These types of locations or structures are not
feasible designs for small cells located within the public right-of-way.
AT&T is committed to providing wireless telecommunications services and faster data rates throughout the
City of Newport Beach and is doing so by installing the least intrusive technology, with the least intrusive design
at the least intrusive locations. Rather than construct traditional tower facilities in or near residential
43
Exhibit B
Page 3 of 3
neighborhoods, AT&T solution is to deploy very small facilities, called “small cells,” that can be installed on
utility infrastructure in the public right-of-way.
A small cell is a low-powered cell site, which, when grouped with other small cells, can provide coverage in
areas where traditional macro wireless facilities are not feasible. Although the signal from each small cell
antenna covers a shorter range than a conventional tower site, small cells can be effective tools to help close
significant gaps in service coverage or offload capacity with a minimal visual impact. Node HBNPB_042 will help
AT&T close a significant gap in this area of the City by the least intrusive means, see attached coverage maps.
AT&T has evaluated other locations for this project in the immediate vicinity of the proposed node. Attached
is the alternative site analysis with detailed description of each alternative.
Statement of Code Compliance
The overall site location and design complies with applicable code provisions, the General Plan, and other
published siting guidelines. For further analysis regarding the applicable code, please see the attached
Statement of Code Compliance.
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Statement of Code Compliance with Newport Beach Municipal Code (“NBMC”) Chapter 20.49 and Chapter
13.20
Below, we identify the applicable code criteria and demonstrate our compliance or acknowledgement of
each provision.
20.49.040 Telecom Facility Preferences and Prohibited Locations.
A. Preferred Locations. To limit the adverse visual effects of and proliferation of new or individual telecom
facilities in the City, the following list establishes the order of preference of facilities, from the most preferred
(1) to least preferred (4).
1. Collocation of a new facility at an existing facility.
2. Class 1.
3. Class 2 and Class 3.
4. Class 4.
B. Prohibited Locations. Telecom facilities are prohibited in the following locations:
Applicant Response: AT&T is proposing a Class 3 facility that replaces an existing concrete designed
streetlight with a new similar concrete designed replacement pole. The design is consistent with the design of
the existing pole and the type of infrastructure currently in the right of way. The design is consistent with the
designs depicted and allowed pursuant to the Master License Agreement Between the City of Newport Beach
and New Cingular Wireless PCS, LLC for the Use of City-Owned Streetlights for Telecommunication Facilities
(“MLA”). As explained in the previous Alternative Analysis, a collocation or Class 1 or 2 facility would not be
technically feasible in this location from an RF or construction perspective. Small cells are low power and
must be located at the precise location selected to serve the network traffic demands of that specific and
limited area. This type of service enhancement cannot be accomplished with a traditional macro collocation
or building mounted site in this area. The site is not located in any of the locations prohibited by NBMC
§20.49.040.B.1-4.
20.49.050 General Development and Design Standards.
A. General Criteria. All telecom facilities shall employ design techniques to minimize visual impacts and
provide appropriate screening to result in the least visually intrusive means of providing the service. Such
techniques shall be employed to make the installation, appearance and operations of the facility as visually
inconspicuous as practicable. To the greatest extent feasible, facilities shall be designed to minimize the
visual impact of the facility by means of location, placement, height, screening, landscaping, and shall be
compatible with existing architectural elements, building materials, other building characteristics, and the
surrounding area.
Applicant Response: The Applicant has selected a design that minimizes visual impacts and is appropriately
screened to result in the least visually intrusive means of providing service. The site will be placed in the right-
of-way and will be virtually unnoticeable as this is the type of infrastructure one would expect to see in the
53
right-of-way. The facility is compatible with the architectural design of existing right-of-way infrastructure
with respect to color, materials, scale and compatibility with the surrounding area. It matches the existing
pole in scale and design and will not result in any net add of right-of-way infrastructure. Utilities are placed
below grade and are not visible.
In addition to the other design standards of this section, the following criteria shall be considered by the
review authority in connection with its processing of any MUP, CUP, LTP, or ZC for a telecom facility:
1. Blending. The extent to which the proposed telecom facility blends into the surrounding environment or
is architecturally compatible and integrated into the structure.
Applicant Response: The facility blends into the surrounding environment and is compatible and integrated
into the replacement structure. It matches the existing pole in terms of scale, color and materials and is
consistent with expected infrastructure that exists in the right-of-way.
2. Screening. The extent to which the proposed telecom facility is concealed or screened by existing or
proposed new topography, vegetation, buildings or other structures.
Applicant Response: The site is screened to the extent that it matches and is concealed within a streetlight
replacement pole.
3. Size. The total size of the proposed telecom facility, particularly in relation to surrounding and supporting
structures.
Applicant Response: The scale and total size of the proposed facility is consistent with existing right-of-way
infrastructure. The new luminaire is consistent with the size, location and functioning of the luminaire being
replaced. The 9.25” diameter of the new pole is consistent with and substantially similar to the diameter of
the existing pole which is 9” at the location being measured. The pole height is almost identical except for the
antenna enclosure at the top, which is also consistent with the design in terms of scale and width. The
presence of communication equipment at this site will be virtually unnoticeable to the casual passerby.
4. Location. Proposed telecom facilities shall be located so as to utilize existing natural or manmade
features in the vicinity of the facility, including topography, vegetation, buildings, or other structures to
provide the greatest amount of visual screening and blending with the predominant visual backdrop.
Applicant Response: The location in the right-of-way is appropriate as it is consistent with infrastructure
expected to be located in the right-of-way. One of the purposes of the right-of-way is to accommodate
infrastructure that will serve the needs of the community, so it is the appropriate place for this type of facility.
5. Collocation. In evaluating whether the collocation of a telecom facility is feasible, the criteria listed in
subsections (A)(1) through (4) of this section shall be used to evaluate the visual effect of the combined
number of facilities at the proposed location.
Applicant Response: Collocation on this facility is not technically feasible from an RF and construction
standpoint. Requiring a collocation on this facility would increase the visual impact and scale of this site.
54
B. Public View Protection. All new or modified telecom facilities, whether approved by administrative or
discretionary review, shall comply with Section 20.30.100 (Public View Protection). Additionally, potential
impacts from a new or modified telecom facility to public views that are not identified by General Plan Policy
NR 20.3 shall be evaluated to determine if inclusion in Policy NR 20.3 would be appropriate. If deemed
appropriate for inclusion, the potential impacts to such public views shall be considered.
Applicant Response: This section is not applicable to this facility as it is not in an area that is subject to Public
View Protection.
C. Height.
1. The Planning Commission or City Council may approve or conditionally approve a CUP for a telecom
facility that exceeds the maximum height limit for the zoning district in which the facility is located; provided,
it does not exceed the maximum height limit by fifteen (15) feet, only after making all of the required findings
in Section 20.49.060(H) (Required Findings for Telecom Facilities).
Applicant Response: The height limitation for facilities located in the public right-of-way is 35 feet. NBMC
§20.49.050.C.3. The facility complies with this standard as it does not exceed 35 feet.
2. All telecom facilities shall comply with height restrictions or conditions, if any, required by the Federal
Aviation Administration, and shall comply with Section 20.30.060(E) (Airport Environs Land Use Plan for John
Wayne Airport and Airport Land Use Commission Review Requirements) as may be in force at the time the
telecom facility is permitted or modified.
Applicant Response: This provision is not applicable to this facility.
3. Telecom facilities installed on streetlights, utility poles, utility towers or other similar structures within
the public right-of-way shall not exceed thirty-five (35) feet in height above the finished grade.
Applicant Response: The facility complies with this standard as it does not exceed 35 feet.
4. Telecom facilities may be installed on existing utility poles or utility towers that exceed thirty-five (35)
feet above the finished grade where the purposes of the existing utility pole or utility tower is to carry
electricity or provide other wireless data transmission; provided, that the top of the proposed antennas do
not extend above the top of the utility pole or utility tower.
Applicant Response: This provision is not applicable to this facility.
5. Telecom facilities disguised as flagpoles may be installed provided they meet applicable height limits for
flagpoles provided in Section 20.30.060.
Applicant Response: This provision is not applicable to this facility.
55
D. Setbacks. Proposed telecom facilities shall comply with the required setback established by the
development standards for the zoning district in which the facility is proposed to be located. Setbacks shall
be measured from the part of the facility closest to the applicable lot line or structure.
Applicant Response: This provision is not applicable as the facility is located in the right-of-way and replaces
an existing structure. Also, the code specifically provides for a setback exception for light standards. NBMC §
20.30.110.D.11.
E. Design Techniques. Design techniques shall result in the installation of a telecom facility that is in
harmony and scale with the surrounding area, screens the installation from view, and prevents the facility
from visually dominating the surrounding area. Design techniques may include the following:
Applicant Response: The facility is in harmony and scale with the surrounding area. The new concrete
designed pole is substantially similar in size and scale to the existing pole and the materials, design and color
match. The facility is compatible with infrastructure that exists in the right-of-way and will be installed in the
same location as the pole that is being replaced. The facility will not visually dominate the surrounding area.
1. Screening elements to disguise, or otherwise hide the telecom facility from view from surrounding uses.
Applicant Response: The facility is a combination light pole and wireless facility and the antennas and other
equipment components will be concealed within the pole.
2. Painting and/or coloring the telecom facility to blend into the predominant visual backdrop.
Applicant Response: The facility will be concealed within a light pole and will be the same color and finish as
the pole being replaced.
3. Siting the telecom facility to utilize existing features (such as buildings, topography, vegetation, etc.) to
screen or hide the facility.
Applicant Response: The facility is being sited in the right-of-way and will be installed in the same location as
the pole being replaced and will have the same color and finish.
4. Utilizing simulated natural features (trees, rocks, etc.) to screen or hide the telecom facility.
Applicant Response: The facility is a light pole replacement, a structure that is expected to be located in the
right-of-way, will be installed in the same location as the pole being replaced, and will have the same color
and finish.
5. Providing telecom facilities of a size that, as determined by the City, is not visually obtrusive such that
any effort to screen the facility would create greater visual impacts than the facility itself.
Applicant Response: The facility is not visually obtrusive and is consistent with the size, scale, color and
appearance of existing right-of-way infrastructure.
56
6. To the greatest extent practicable, new Class 4 facilities shall be designed and sited to facilitate the
collocation of one additional telecom operator.
Applicant Response: This criterion is not applicable as this facility is not a Class 4.
F. Screening Standards. For collocation installations, the screening method shall be materially similar to
those used on the existing telecom facility, and shall not diminish the screening of the facility. If determined
necessary by the review authority, use of other improved and appropriate screening methods may be
required to screen the antennas and support equipment from public view. The following is a non-exclusive
list of potential design and screening techniques that must be considered for all facility installations:
Applicant Response: This criterion is not applicable as this facility is not a collocation.
3. For Class 3 (Public Right-of-Way) Installations.
a. Whenever feasible, new antennas proposed to be installed in the public right-of-way shall be placed on
existing utility structures, streetlights, or other existing vertical structures. Antenna installations on existing
or replacement streetlight poles or utility poles shall be screened by means of canisters, radomes, shrouds
other screening measures whenever feasible, and treated with exterior coatings of a color and texture to
match the existing pole.
Applicant Response: The facility design meets this criterion. The antenna is screened behind a cannister that
is on top of the pole. It will be the same color and texture as the existing pole.
b. New or replacement vertical structures may be allowed when authorized by the Municipal Code and
approved by the Public Works Department. Replacement poles or streetlights shall be consistent with the
size, shape, style, and design of the existing pole, including any attached light arms. New poles or streetlights
may be installed, provided they match existing or planned poles within the area.
Applicant Response: The facility design meets this criterion and is allowed pursuant to the NBMC and the
MLA. This replacement pole is substantially the same size, shape, style and design of the existing pole. It also
has a luminaire that is the same height and brightness as the existing pole.
c. If antennas are proposed to be installed without screening, they shall be flush-mounted to the pole and
shall be treated with exterior coatings of a color and texture to match the pole.
Applicant Response: This provision is not applicable as the antennas will be screened.
6. Support Equipment. All support equipment associated with the operation of any telecom facility shall be
placed or mounted in the least visually obtrusive location practicable, and shall be screened from view.
Applicant Response: Support equipment is either concealed or installed below grade and has no visual
impact.
b. Installations in a Public Right-of-Way. The following is a non-exclusive list of potential screening
techniques for telecom facilities located in a public right-of-way:
57
i. Where existing utilities services (e.g., telephone, power, cable TV) are located underground, the support
equipment shall be placed underground if required by other provisions of the Municipal Code. Flush-to-grade
underground vault enclosures, including flush-to-grade vents, or vents that extend no more than twenty-four
(24) inches above the finished grade and are screened from public view may be incorporated. Electrical
meters required for the purpose of providing power for the proposed telecom facility may be installed above
ground on a pedestal in a public right-of-way provided they meet applicable standards of Title 13 unless
otherwise precluded by the Municipal Code.
Applicant Response: The utilities serving this facility are either installed below grade or are concealed within
the replacement pole. No above ground pedestals are proposed.
ii. Support equipment approved to be located above ground in a public right-of-way shall be painted or
otherwise coated to be visually compatible with the existing or replacement pole, lighting and/or traffic
signal equipment without substantially increasing the width of the structure.
Applicant Response: This provision is not applicable as no above ground support equipment is proposed.
iii. All transmission or amplification equipment such as remote radio units, tower mounted amplifiers, and
surge suppressors shall be mounted inside the utility or streetlight pole without materially increasing the
pole diameter or shall be installed in the vault enclosure supporting the facility.
Applicant Response: The transmission equipment is concealed within the pole.
G. Night Lighting. Telecom facilities shall not be lighted except for security lighting at the lowest intensity
necessary for that purpose or as may be recommended by the United States Flag Code (4 U.S.C. Section 1 et
seq.). Such lighting shall be shielded so that direct illumination does not directly shine on nearby properties.
The review authority shall consult with the Police Department regarding proposed security lighting for
facilities on a case-by-case basis.
Applicant Response: No lighting is proposed other than the replacement luminaire which is being installed at
substantially the same height and is the same brightness as the existing pole.
H. Signs and Advertising. No advertising signage or identifying logos shall be displayed on any telecom
facility except for small identification, address, warning, and similar information plates. Such information
plates shall be identified in the telecom application and shall be subject to approval by the review authority.
Signage required by State or Federal regulations shall be allowed in its smallest permissible size.
Applicant Response: The facility complies with this criterion. The only signage proposed is the required notice
signage, facility owner information and signage and banners required to be installed by the City.
I. Nonconformities. A proposed or modified telecom facility shall not create any new or increased
nonconformity as defined in the Zoning Code, such as, but not limited to, a reduction in and/or elimination
of, required parking, landscaping, or loading zones unless relief is sought pursuant to applicable zoning code
procedures.
58
Applicant Response: The facility complies with the code and will not create a zoning code nonconformity.
J. Maintenance. The telecom operator shall be responsible for maintenance of the telecom facility in a
manner consistent with the original approval of the facility, including but not limited to the following:
1. Any missing, discolored, or damaged screening shall be restored to its original permitted condition.
Applicant Response: The Applicant acknowledges that it is responsible for maintaining the site consistent
with its original permitted condition.
2. All graffiti on any components of the telecom facility shall be removed promptly in accordance with the
Municipal Code.
Applicant Response: The Applicant acknowledges this requirement.
3. All landscaping required for the telecom facility shall be maintained in a healthy condition at all times,
and shall be promptly replaced if dead, dying, or damaged.
Applicant Response: No landscaping is proposed for this installation.
4. All telecom facilities shall be kept clean and free of litter.
Applicant Response: The Applicant acknowledges this requirement.
5. All equipment cabinets shall display a legible contact number for reporting maintenance problems to the
telecom operator.
Applicant Response: The Applicant is not proposing equipment cabinets.
6. If a flagpole is used for a telecom facility, flags shall be flown and shall be properly maintained at all
times. The use of the United States flag shall comply with the provisions of the U.S. Flag Code (4 U.S.C.
Section 1 et seq.). (Ord. 2014-1 § 10 (part), 2014)
Applicant Response: The Applicant is not proposing a flagpole.
20.49.060 Permit Review Procedures.
H. Required Findings for Telecom Facilities. The following findings shall apply to all facilities requiring
discretionary review:
1. General. The review authority may approve or conditionally approve an application for a telecom facility
only after first finding each of the required findings for a MUP or CUP pursuant to Section 20.52.020
(Conditional Use Permits and Minor Use Permits), or an LTP pursuant to Section 20.52.040 (Limited Term
Permits), and each of the following findings:
a. The proposed telecom facility is visually compatible with the surrounding neighborhood.
59
Applicant Response: The facility is visually compatible with the surrounding area. The facility design is
allowed pursuant to the MLA and applicable code and is substantially similar in design, shape, size, color and
texture as the existing pole. All related equipment is either installed below grade or is concealed within the
interior of the replacement light pole.
b. The proposed telecom facility complies with height, location and design standards, as provided for in this
chapter.
Applicant Response: The 27.5-foot-tall facility complies with the height, location and design standards. It is a
Class 3 facility located in the right-of-way and meets the City approved design standards per the code and the
MLA.
c. An alternative site(s) located further from a residential district, public park or public facility cannot
feasibly fulfill the coverage needs fulfilled by the installation at the proposed site.
Applicant Response: The Applicant has provided an alternative analysis that addresses this criterion. No
alternative site locations would fulfill the network needs that are fulfilled by this installation at this proposed
specific location.
d. An alternative plan that would result in a higher preference facility class category for the proposed
facility is not available or reasonably feasible and desirable under the circumstances.
Applicant Response: As explained previously, small cells are designed to enhance network capacity and must
be precisely located in a specific area to properly function due to their low power and limited range. A higher
preference class facility would not be technically feasible and would not fulfill this specific network need.
60
Attachment No. ZA 6
Photographic Visual Simulations
61
City streetlight No. SLC4735 located in the center median of Avocado Avenue, approximately 50 feet south of the northeast corner of Kewamee Drive and Avocado Avenue, Corona Del Mar62
City streetlight No. SLC4735 located in the center median of Avocado Avenue, approximately 50 feet south of the northeast corner of Kewamee Drive and Avocado Avenue, Corona Del Mar63
City streetlight No. SLC4735 located in the center median of Avocado Avenue, approximately 50 feet south of the northeast corner of Kewamee Drive and Avocado Avenue, Corona Del Mar64
Attachment No. ZA 7
Project Plans
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SITE SURVEYTOPOGRAPHICSURVEYCRAN_RLOS_HBNPB_042606 AVOCADO AVENUE CORONA DEL MAR, CA 92665REVDESCRIPTIONDATEBYC-1CHARLES L. SCOTT III, PLS 8742EXP.12/31/2020 Registration No. in the State of California.ERICSSON330 COMMERCE, STE. 200IRVINE, CA 9260269
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June 11, 2020, Zoning Administrator Agenda Comments
Comments submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660
(949-548-6229)
Item 3. AT&T Small Cell SLC4735 Minor Use Permit No. UP2019-027
(PA2019-108)
The applicant’s project justification on handwritten page 60 provides generalized platitudes that do
not adequately explain why an installation on the roof of the office building at the corner of
Avocado and PCH (the nearby building visible at the top center of the applicant’s Vicinity Map on
page 66) could not provide a higher preference (Class 1 or 2) facility further removed from a
residential district (in contradiction to what is claimed under points “c” and “d” on page 60) – and
possibly provide greater coverage given its greater height.
Indeed, the staff report expresses concern with blockage of the RF signal by the Sandcastle
condominium complex structures to the immediate north of the proposed site were the facility to be
mounted on its roof. That would seem to be a problem for the proposed location, as well, since the
facility appears lower in height than parts of the condominium. The high location on the office tower
roof would appear to provide a clearer line of sight, over the condominium, in the directions of
interest where coverage is desired p er the anticipated coverage map on page 40 . That map
predicts the proposed site will provide limited coverage to the north, presumably due to blockage
by the condo structures – as well as blockage by other buildings causing the signal to propagate
primarily along Avocado Avenue and Kewamee Drive and to not penetrate into the residential
areas. Hence, the proposed site seems to contribute more to distracted driving than to enhanced
residential service. The alternative office roof site, not considered in the staff report, wou ld seem
better in all respects, with its higher preference class, greater distance from residences and better
lines of sight to them making up fo r its being farther from what the applicant claims is the desired
location.
Finally, I continue to believe the assertion that development of this sort in the Coastal Zone is
“repair or maintenance” excusing it from the requirement for a Coastal Development Permit is
clearly erroneous, especially when the CDP is explicitly required by the City’s Local Coastal
Program Implementation Plan, using the same language that requires the MUP under the Zoning
Code.
Zoning Administrator - June 11, 2020
Item No. 3a Additional Materials Received
AT&T Small Cell SLC4735 Minor Use Permit (PA2019-108)
1
From:p/k <phukirk@aol.com>
Sent:Thursday, June 11, 2020 8:23 AM
To:CDD
Subject:Fwd: ATT Cell Tower
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Good morning,
I realized that I missed yesterday's deadline in sending in Comments
regarding this issue. However I hope that my previous email back in
February, expressing my concern/opposition to this ATT cell tower on my
street would be noted as part of the discussion.
Thank you for your consideration.
Kirk Ohanian.
-----Original Message-----
From: p/k <phukirk@aol.com>
To: mvukojevic@newportbeachca.gov
Sent: Fri, Feb 21, 2020 2:20 pm
Subject: Re: ATT Cell Tower
Hello Mark,
Thank you very much for your response. It is much appreciated.
Kirk
-----Original Message-----
From: Vukojevic, Mark <mvukojevic@newportbeachca.gov>
To: 'p/k' <phukirk@aol.com>; Jurjis, Seimone <sjurjis@newportbeachca.gov>
Sent: Fri, Feb 21, 2020 1:59 pm
Subject: RE: ATT Cell Tower
Hi Mr. Ohanian,
Thank you for your email and note. Seimone and I will look into it early next week and get back to you.
Thanks,
Mark
Mark Vukojevic
City of Newport Beach
Utilities Director
(949)718-3401
Zoning Administrator - June 11, 2020
Item No. 3b Additional Materials Received after Deadline
AT&T Small Cell SLC4735 Minor Use Permit (PA2019-108)
2
mvukojevic@newportbeachca.gov
From: p/k <phukirk@aol.com>
Sent: Friday, February 21, 2020 1:38 PM
To: Jurjis, Seimone <sjurjis@newportbeachca.gov>; Vukojevic, Mark <mvukojevic@newportbeachca.gov>
Subject: ATT Cell Tower
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Hello Seimone and Mark,
I wrote the below letter to the city council regarding a letter I received about a proposed
cell tower installation in my neighborhood. Jeff Herdman responded and suggested I
write you with my concerns. I attached a copy of the letter I received from At&t.
If you are not allowed to open attachments, it simply describes the proposed
installation of a "small cell tower" on Avocado, south of PCH at the intersection with
Kewamee. I live nearby, and I am very opposed to such a project. I feel that "small cell
tower" is euphemistic at best and oxymoronic at worst. The bottom line is that it would
be an intrusive eyesore in a residential neighborhood. I realize that Avocado has an
island median in this segment, but I hope that such a median doesn't make the
segment south of PCH vulnerable to such proposals. First and foremost this segment
of Avocado is a residential neighborhood. It may have a two lane road and a center
island, but it is still a neighborhood -- unlike the segment north of PCH.
Anyway, without belaboring the point, please reconsider such a project if this is a
serious proposal, and thank you for your time,
Kirk Ohanian
612 Avocado
CDM, CA 92625
email: phukirk@aol.com
phone: 949-218-8735
-----Original Message-----
From: KIRK OHANIAN <phukirk@aol.com>
To: citycouncil <citycouncil@newportbeachca.gov>
Sent: Thu, Feb 20, 2020 8:29 pm
Subject: ATT Cell Tower
Dear Council Members,
My wife and I received the attached letter today regarding a proposed cell tower site in our neighborhood. I am writing to express
my strong disapproval for such a project. Despite being a so-called "small cell tower", the proposed project is still clearly a cell tower.
As such, this would be an eyesore on a tree-lined street with many residents. What’s more, this comes at a time when there is an
active push in the village area of CDM to underground power lines and other older infrastructure eyesores. We have many
commercial-use streets in close vicinity (North of PCH and PCH just to name a few) which would be much more appropriate for such
a project if that is what the city desires, but I would ask that the council dismisses this and any similar future proposals in residential
settings.
Zoning Administrator - June 11, 2020
Item No. 3b Additional Materials Received after Deadline
AT&T Small Cell SLC4735 Minor Use Permit (PA2019-108)
3
Cell tower installation in residential neighborhoods is and always will be a bad idea. It would set a disappointing precedent for
Newport Beach development, signaling that residents cannot rely on the city to defend their neighborhoods against urban blight.
Many of us move to Newport because of its very well-managed city services, attractive and unobtrusive infrastructure, and
thoughtful development. With that in mind, I hope that the attached letter is merely a ploy by AT&T to sneak in a project that they
realize will not be well-received by the residents rather than a viable proposal being seriously considered by the city — especially
when there are other better-suited non-residential sites available.
I would be happy to discuss this further with any council-members if desired.
Thank you for your time.
Sincerely,
Kirk Ohanian
612 Avocado Ave.
CDM, 92625
Email: phukirk@aol.com
Phone: 949-218-8735
Zoning Administrator - June 11, 2020
Item No. 3b Additional Materials Received after Deadline
AT&T Small Cell SLC4735 Minor Use Permit (PA2019-108)