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HomeMy WebLinkAbout17 - Appeal of Planning Commission's Decision of an AT&T Small Cell Installation (PA2019-111)Q �EwPpRT O c — '9 TO: FROM: CITY OF NEWPORT BEACH City Council Staff Report August 25, 2020 Agenda Item No. 17 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Benjamin M. Zdeba, AICP, Senior Planner - 949-644-3253, bzdeba@newportbeachca.gov Lauren Wooding Whitlinger, Real Property Administrator 949-644-3236, Iwooding@newportbeachca.gov TITLE: Resolution No. 2020-76: Appeal of Planning Commission's Decision of an AT&T Small Cell Installation (PA2019-111) ABSTRACT: This item is an appeal of the Planning Commission's decision on July 9, 2020, to approve a minor use permit and a coastal development permit allowing the installation of a small cell wireless facility on a City -owned streetlight pole on the northern side of Balboa Boulevard at the northwestern corner of the 30th Street intersection (Attachment A). For City Council's consideration is to determine whether to uphold or deny the Planning Commission's decision. RECOMMENDATION: a) Conduct a de novo public hearing; b) 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 c) Adopt Resolution No. 2020-76, A Resolution of the City Council of Newport Beach, California, Upholding the Decision of the Planning Commission Approving Minor Use Permit No. UP2019-030 and Coastal Development Permit No. CD2020-052 for a Small Cell Facility Located Within the Public Right -of -Way on City Streetlight No. SCL0796, at the Northwestern Corner of Balboa Boulevard and 30th Street (PA2019- 111), and denying the appeal. 17-1 Resolution No. 2020-76: Appeal of Planning Commission's Decision of an AT&T Small Cell Installation (PA2019-111) August 25, 2020 Page 2 FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: Small Cell Wireless Overview For a brief overview of small cell wireless facilities and the City's Master License Agreement (MLA) with New Cingular Wireless PCS, LLC, please reference Attachment C. Proiect Setting and Description The proposed project is located on Streetlight No. SLC0796, which is owned by the City of Newport Beach. City Streetlight No. SLC0796 is located within the public right-of-way on the northern side of Balboa Boulevard at the northwestern corner of the 30' Street intersection. It is immediately adjacent to an unusually large landscaped parkway that is approximately 20 feet wide. Beyond the parkway to the northeast is a block of two -unit residential development. All surrounding land uses are residential and vary in density from two- to single -unit residential. The only exception is a Commercial Visitor Serving (CV) zoned parcel across 30th Street from the site, which is presently developed with a laundromat (Beach Coin Laundry). As the streetlight is located within the public right-of- way, the site is not designated by the General Plan Land Use Element and, therefore, is not located within a zoning district. New Cingular Wireless, LLC d/b/a AT&T Mobility c/o Ericsson, Inc. (Applicant) seeks approval of a minor use permit and a coastal development permit to allow the installation of telecommunications equipment for a small cell wireless facility on the City -owned streetlight pole. Project implementation will be fully contained within the public right-of- way on Balboa Boulevard and includes the following: (1) Removal and replacement of an existing City streetlight; (2) Installation of a small cell wireless facility that consists of four remote radio units, a raycap disconnect, and an omni -directional antenna within a 12 -inch diameter equipment shroud. This equipment would be fixed to the top of the replaced streetlight pole for a maximum height of 34 feet, 9 inches; and (3) Establishment of new below -grade support equipment adjacent to the streetlight. The proposed facility is classified as a stealth facility under Newport Beach Municipal Code (NBMC) Section 20.49.030(N) and the project is designed to be as visually inconspicuous as possible with all equipment and antennas screened and is consistent with the conceptual designs included in the MLA. Project renderings follow on the next page as Figure 1. 17-2 Resolution No. 2020-76: Appeal of Planning Commission's Decision of an AT&T Small Cell Installation (PA2019-111) August 25, 2020 Page 3 Figure 1, Existing photograph (left) with proposed rendering (right) showing the replaced streetlight pole, antenna, equipment shroud, and below -grade equipment handholes. In pursuing this location, the Applicant considered five other nearby sites. This detailed analysis is reflected in the Planning Commission staff report, which is attached. Ultimately, the proposed location was selected by the Applicant as it has the necessary utility connections readily available, is feasible from a signal propagation perspective, is free of obstructions, and has a good line of sight to meet coverage objectives. It was also determined to be the least impactful as the unusually large parkway for the area provides a softening mechanism to best blend the facility. 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. Maintenance of the unmanned facility is not expected to create any congestion, and maintenance activity is expected to be minimal. AT&T will be responsible for maintenance of the telecom facility including, but not limited to, any missing, discolored or damaged screening, promptly removing all graffiti, and keeping the facility clean and free of litter. Monitoring is typically done remotely and, if necessary, a site visit to change any radio equipment will be coordinated with the City, as appropriate. Project Background On April 16, 2020, the Zoning Administrator conducted a public hearing and approved the Applicant's request. During the meeting, three members of the public spoke in opposition to the Minor Use Permit expressing concerns regarding health and general incompatibility with the neighborhood. One member of the public, Mark Pollock, also spoke in opposition expressing concerns about the validity of the application and insurance requirements being satisfied as part of the MLA. Staff from the City Attorney's Office addressed Mr. Pollock's concerns as outlined in his March 25, 2020, letter at this hearing and noted that staff informed the City Attorney's Office that the insurance requirements were satisfied. 17-3 Resolution No. 2020-76: Appeal of Planning Commission's Decision of an AT&T Small Cell Installation (PA2019-111) August 25, 2020 Page 4 On April 28, 2020, Mr. Pollock filed an appeal of the decision of the Zoning Administrator for the purpose of bringing the item before the Planning Commission for review. The appeal again expressed concerns regarding proof of adequate insurance, as well as the ability for the Applicant to file an application under the MLA. It is notable that the appeal did not focus on the specific location or design of the proposed project, but rather it focused on the compliance with the MLA. The project was scheduled for a de novo public hearing by the Planning Commission for June 4, 2020 but was continued to allow staff additional time to review the project. Of concern was whether the project also required a coastal development permit. Upon finding that a coastal development permit should be required, staff prepared a revised public hearing notice including the Coastal Development Permit in accordance with NBMC Chapters 20.62 and 21.62. On July 9, 2020, the Planning Commission conducted a noticed public hearing and, following receipt of public comments and deliberation, voted unanimously to adopt Resolution No. PC2020-018 approving the project, which includes the written findings for the action (Attachment D). The staff report and meeting minutes are attached to this report for review, Attachment F and G respectfully. On July 15, 2020, Mr. Pollock ("appellant") filed an appeal of the decision of the Planning Commission for the purpose of bringing the item before the City Council for review. The appeal again expresses concerns regarding proof of adequate insurance, as well as the ability for the Applicant to file an application under the MLA. The complete appeal application and its expanded brief have been attached as Attachment E. Based on NBMC Subsections 20.64.030©(3) and 21.64.030(C)(3) (Conduct of Hearing), a public hearing on an appealed matter is conducted "de novo," meaning that it is a new hearing. The City Council is not bound by the prior decision of the Planning Commission. Basis of Appeal The appellant represents an anonymous Newport Beach resident. It should be noted staff received no written opposition to the project during Planning Commission review and the appellant was the only member of the public who spoke in opposition to the project at the public hearing. Based on the application to appeal the project, the appellant's primary concerns are discussed below: 1) Licensee under MLA is not Applicant for permit and AT&T is not the licensee. Staff response. An MLA for use of City -owned streetlights for telecommunications facilities was executed by and between the City and New Cingular Wireless PCS, LLC, dated February 12, 2019. New Cingular Wireless PCS, LLC (Licensee) is a Delaware limited liability company that is registered to do business in the State of California, and whose Manager is AT&T Mobility Corporation. 17-4 Resolution No. 2020-76: Appeal of Planning Commission's Decision of an AT&T Small Cell Installation (PA2019-111) August 25, 2020 Page 5 Additionally, AT&T Mobility Corporation recorded a Fictitious Business Name Statement to do business as "AT&T Mobility" on November 21, 2016, as Instrument No. 20166459312 in the Official Records of Orange County, California. The City holds sufficient documentation showing the Licensee under the MLA is the same entity represented as the Applicant under this permit application. 2) No proof of insurance under the MLA. Staff response: The City is in possession of certificates of insurance listing New Cingular Wireless PCS, LLC as the insured, with scopes of coverage and policy limits that comply with the insurance requirements in the MLA. The certificates filed with the City include a current policy period as of the date of this report and have been reviewed and approved by the City's Risk Manager. 3) Permit granted to entity without MLA in violation of Title 20.49.080. Staff response: As described above, the Licensee has provided appropriate documentation and proof of insurance and has a valid MLA. Upon approval of a use permit for a specific site, the City will process an amendment to the MLA licensing use of that particular City -owned streetlight. The amendment will be noticed to City Council pursuant to City Council Policy L-23 (The Siting of Wireless Telecommunications Equipment on City -Owned Property) prior to being executed, pursuant to NBMC Section 20.49.080 (Agreement for Use of City -Owned or City -Held Trust Property). Summary The appeal filed by Mr. Pollock focuses on alleged underlying issues with the City Council - authorized MLA, the authorized representatives who may pursue the sites, and insurance requirements. Nothing in the appeal discusses specific issues with the proposed location of this project and its appropriateness. The streetlight serves as a part of the City's existing streetlight inventory. The replacement streetlight pole design is consistent with the size, shape, style, and design of that existing, including the attached light arm and luminaire. Maintaining the same luminaire height as the existing streetlight pole will help to ensure visual continuity on the streetscape corridor with respect to light standard design. The larger landscaped parkway with several palm trees serves to soften the facility's appearance and provides a mechanism of blending consistent with NBMC Chapters 20.49 and 21.49. The proposed location was ultimately found to best meet the Applicant's objectives and appears to be the best location among the alternative sites examined, in staff's opinion. Staff believes the project meets all findings required under Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) and that there are no underlying issues with the MLA. As such, staff recommends approval of the project thereby upholding the Planning Commission's July 9, 2020 decision. 17-5 Resolution No. 2020-76: Appeal of Planning Commission's Decision of an AT&T Small Cell Installation (PA2019-111) August 25, 2020 Page 6 AItArnAtivAc The City Council may choose to modify or deny the project. If denied, staff will return at the next City Council meeting with a resolution of denial. ENVIRONMENTAL REVIEW: Staff recommends the City Council 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 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 exemption under Section 15300.2 do not apply. This project does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. NOTICING: Notice of this hearing was published in the Daily Pilot, mailed to all owners of property and residential occupants within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways), including the Applicant and appellant, and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. 17-6 Resolution No. 2020-76: Appeal of Planning Commission's Decision of an AT&T Small Cell Installation (PA2019-111) August 25, 2020 Page 7 ATTACHMENTS: Attachment A — Vicinity Map Attachment B — Draft Resolution for Approval Attachment C — Brief Overview of Small Cell Facilities and the MLA Attachment D — Planning Commission Resolution No. PC2020-018 adopted July 9, 2020 Attachment E — Appellant's Appeal Application received July 15, 2020 Attachment F — Planning Commission Staff Report from July 9, 2020 Attachment G — Planning Commission Meeting Minutes from July 9, 2020 Attachment H — Project Renderings and Plans 17-7 Attachment A Vicinity Map 17-8 17-9 Attachment B Draft Resolution for Approval 17-10 RESOLUTION NO. 2020-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION APPROVING MINOR USE PERMIT NO. UP2019-030 AND COASTAL DEVELOPMENT PERMIT NO. CD2020-052 FOR A SMALL CELL FACILITY LOCATED WITHIN THE PUBLIC RIGHT- OF-WAY ON CITY STREETLIGHT NUMBER SLC0796, AT THE NORTHWESTERN CORNER OF BALBOA BOULEVARD AND 30TH STREET (PA2019-111) WHEREAS, an application was filed by New Cingular Wireless, LLC ("Applicant"), with respect to City of Newport Beach ("City") Streetlight Number SLC0796 ("SLC0796"), located within the public right-of-way, at the northwestern corner of Balboa Boulevard and 30th Street, requesting approval of a minor use permit; WHEREAS, the Applicant has applied for a minor use permit and coastal development permit for the installation of a small cell wireless facility on a City -owned streetlight pole. Project implementation will be fully contained within the public right-of- way on Balboa Boulevard and includes the following: (1) removal and replacement of an existing City streetlight; (2) installation of a small cell wireless facility that consists of four remote radio units, a raycap disconnect, and an omni -directional antenna within a 12 -inch diameter equipment shroud, with the equipment being fixed to the top of the replaced streetlight pole for a maximum height of 34 feet, 9 inches; and (3) establishment of new below -grade support equipment adjacent to the streetlight (the "Project"); WHEREAS, since the SLC0796 streetlight is located within the public right-of-way, the proposal is regulated by Council Policy L-23 (Siting of Wireless Telecommunications Equipment on City -Owned Property), as well as Chapter 20.49 (Wireless Telecommunication Facilities) of the Newport Beach Municipal Code ("NBMC"); WHEREAS, the City's regulatory review of wireless telecom siting is limited by three federal laws: (1) the Communications Act of 1934; (2) Telecommunications Act of 1996 (Telecommunications Act); and (3) the Middle -Class Tax Relief and Job Creation Act of 2012 (Spectrum Act), which aim to facilitate wireless infrastructure development and restrict certain aspects of local authority in review and permitting of wireless telecommunications facilities; WHEREAS, on January 14, 2019, the Federal Communications Commission ("FCC") Declaratory Ruling and Order FCC 18-133 ("Order"), modified in part by City of Portland v. United States, No. 18-72689 (9th Cir. 2020), removed barriers to wireless infrastructure deployment and established accelerated timelines for processing wireless applications at the local level; 17-11 Resolution 2020 - Page 2 of 15 WHEREAS, the Order also limited the City's rights as a property owner, restricting the type and amount of fees that can be collected for private use of public property such that City's review and approval is primarily limited to reasonable aesthetic requirements, environmental concerns, and land use compatibility; WHEREAS, a public hearing was held on April 16, 2020, in the Community Room located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act"), Chapter 20.62 and Chapter 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this public hearing; WHEREAS, the Zoning Administrator adopted Resolution No. ZA2020-030 approving Minor Use Permit No. UP2019-030; WHEREAS, on April 28, 2020, attorney Mark Pollock filed an appeal of the Zoning Administrator's decision primarily citing concerns with the City's Master License Agreement and the Applicant's authority to file for this application; WHEREAS, the Project was scheduled for a de novo public hearing by the Planning Commission for June 4, 2020, but was continued from that agenda to allow staff additional time to review the Project. WHEREAS, the Project is located within the Coastal Zone. Subsection 21.49.020(8) (Permit and Agreement Required) of the NBMC requires a coastal development permit for a wireless telecommunication facility unless said facility is exempted by Subsection 21.49.020(C) (Exempt Facilities); WHEREAS, the Project does not meet any of the prescribed exemptions; therefore, a coastal development permit is required; WHEREAS, upon finding that a coastal development permit is required, the Applicant revised the request to include said permit, the Zoning Administrator deferred action on Coastal Development Permit CD2020-052 and referred the Project to the Planning Commission pursuant to Section 21.50.020 footnote (3) (Authority for Decisions) for consideration and final action along with Minor Use Permit No. UP2019-030; 17-12 Resolution 2020 - Page 3 of 15 WHEREAS, the Project was noticed for the Planning Commission's review. A de novo telephonic public hearing was held by the Planning Commission on July 9, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose of this public meeting was given in accordance with the Ralph M. Brown Act, Chapter20.62 and Chapter 21.62 of the NBMC. The Planning Commission considered evidence both written and oral at this hearing; WHEREAS, the Planning Commission adopted Resolution No. PC2020-018 approving Coastal Development Permit No. CD2020-052 and upholding the Zoning Administrator's decision to approve Minor Use Permit No. UP2019-030; WHEREAS, on July 15, 2020, attorney Mark Pollock filed an appeal of the Planning Commission's decision primarily citing concerns with the City's Master License Agreement and the Applicant's authority to file for this application; WHEREAS, a Master License Agreement for use of City -owned streetlights for telecommunications facilities was executed by and between the City and New Cingular Wireless PCS, LLC, dated February 12, 2019 (Contract No. C-8584-1); WHEREAS, New Cingular Wireless PCS, LLC is a Delaware limited liability company that is registered to do business in the State of California, whose Manager is AT&T Mobility Corporation; WHEREAS, AT&T Mobility Corporation recorded a Fictitious Business Name Statement to do business as AT&T Mobility on November 21, 2016, as Instrument No. 20166459312 in the Official Records of Orange County, California; WHEREAS, the City holds sufficient documentation showing the Licensee under the MLA is the same entity represented as the Applicant under this permit application; WHEREAS, the City will enforce the other terms of the Master License Agreement; and WHEREAS, a de novo telephonic public hearing was held by the City Council on August 25, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose of this public meeting was given in accordance with the Ralph M. Brown Act, Chapter 20.62 and Chapter 21.62 of the NBMC. The City Council considered evidence both written and oral at this public hearing. 17-13 Resolution 2020 - Page 4 of 15 NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby uphold the Planning Commission's approval of Minor Use Permit No. UP2019-030 and Coastal Development Permit No. CD2020-052 subject to the conditions of approval attached as Exhibit "A," and incorporated herein by reference. The City Council's decision is made in accordance with the following subsections and is supported by the facts to support each beneath them: Minor Use Permit In accordance with Subsection 20.52.020(F) (Conditional Use Permits and Minor Use Permits) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. SLC0796 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. The City of Newport Beach General Plan ("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 the small cell 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. 17-14 Resolution 2020 - Page 5 of 15 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 Project 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 small cell 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. SLC0796 is not located within a specific plan area Findina: 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 Chapter 20.49 (Wireless Telecommunication Facilities) of the NBMC. 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 pursuant to Section 20.49.060 (Permit Review Procedures) of the NBMC. In this case, the Zoning Administrator's approval was appealed; therefore, the Planning Commission is the review authority. 3. Section 20.49.040(A) (Preferred Locations) of the NBMC, 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 17-15 Resolution 2020 - Page 6 of 15 (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. Section 20.49.050 (General Development and Design Standards) of the NBMC, requires projects to be visually compatible with surrounding structures. In reviewing this application, the review authority shall consider the proposed facility's use of color blending, equipment screening, and the limited size of the equipment designed consistently with the aforementioned criteria. All telecommunications equipment on top of the streetlight pole would be concealed within a painted -to - match 12 -inch diameter shroud. The Project would rely on likeness with the streetlight pole through style, color, and material to help disguise its presence. Engineering of the replacement streetlight pole accommodates and withstands the weight of the small cell equipment and has ability to display a future City banner, if needed. Electrical and wiring components of the telecommunications equipment are designed to be fully contained within the new streetlight pole. The overall height of 34 feet, 9 inches from finished grade to the top of the proposed facility complies with the maximum allowed. Equipment not contained within the shroud on the streetlight pole would be out of sight, located below the ground in the adjacent ROW. Condition of Approval No. 32 requires approved design drawings from Southern California Edison ("SCE") of the power supply to the small cell facility before construction of the facility is to commence. 5. Existing residential properties contiguous to the Project are in the R-2 (Two -Unit Residential) Zoning District. R -2 -zoned sites allow for structures up to 24 feet for flat roof elements and 29 feet to the ridge of a sloped roof. The height of the existing streetlight SLC0796 sits just above the maximum allowable height for residential structures. The streetlight is separated from the residences by a large 20 -foot vegetated parkway that is landscaped with taller palm trees. Given this buffer between the streetlight and the residences, SLC0796 is softened and screened by the landscaping from the residential neighborhood beyond. Furthermore, keeping the luminaire the same height as the existing streetlight lessens visual obtrusion from the proposed small cell facility with the line of the existing development. 6. Submitted materials from the Applicant demonstrate the proposal would conform with Federal Communications Commission ("FCC") Rules and Regulations regarding safety and radio frequency emissions. 7. Section 20.49.080 (Agreement for Use of City -Owned or City -Held Trust Property) of the NBMC requires a license agreement for all telecom facilities located on City - owned or City -held trust property. A Master License Agreement for use of City - owned streetlights for telecommunications facilities was executed by and between 17-16 Resolution 2020 - Page 7 of 15 the City and New Cingular Wireless PCS, LLC, dated February 12, 2019 (Contract No. C-8584-1). New Cingular Wireless PCS, LLC (Licensee) is a Delaware limited liability company that is registered to do business in the State of California, and whose Manager is AT&T Mobility Corporation. AT&T Mobility Corporation recorded a Fictitious Business Name Statement to do business as AT&T Mobility on November 21, 2016, as Instrument No. 20166459312 in the Official Records of Orange County, California. The City holds sufficient documentation showing the Licensee under the MLA is the same entity represented as the Applicant under this permit application. 8. The Project will comply with applicable requirements of the NBMC with construction as shown on the plans and implementation of the conditions of approval. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. City of Newport Beach Streetlight No. SLC0796 is located within the public right- of-way on the northern side of Balboa Boulevard at the northwestern corner of the 30th Street intersection. It is immediately adjacent to an unusually large vegetated parkway that is approximately 20 feet wide. Beyond the parkway to the northeast is a block of two -unit residential development. All surrounding land uses are residential and vary in density from two -unit residential to single -unit residential. The only exception is a CV (Commercial Visitor Serving) zoned parcel across 30th Street from the site, which is presently developed with a laundromat (Beach Coin Laundry). 2. Under the new FCC Order, wireless providers are not required to demonstrate a significant coverage gap, a qualification previously required by local jurisdictions in order to support an application. Pursuant to the Order, the City cannot "materially [inhibit] the introduction of new services or the improvement of existing services." Moreover, pursuant to Section 332(c)(7)(B)(i)(II) of U.S. Code Title 47 (Telecommunications), the City may "not regulate the placement, construction or modification of wireless service facilities in a manner that prohibits the provision of personal wireless services." Although not required, the Applicant produced a coverage map for the Project. This map indicates the proposed facility would boost the supply of capacity and coverage in the vicinity. 17-17 Resolution 2020 - Page 8 of 15 3. SLC0796 serves as a part of the City's existing streetlight inventory. The Applicant proposes to: (1) remove and replace SLC0796 with a new streetlight in the same location; (2) maintain the existing luminaire height of 29 feet, 9 inches; (3) install telecommunications equipment for a small cell wireless facility on top of the new streetlight pole resulting in an overall height of 34 feet, 9 inches; and (4) establish new below -grade support equipment adjacent to the streetlight, within the public right-of-way. 4. The replacement streetlight pole design is consistent with the size, shape, style, and design of that existing, including the attached light arm and luminaire. For safety and circulation of the area during construction, Condition of Approval No. 40 requires traffic control plans illustrating compliance with the 2016 WATCHbook to be reviewed and approved by the Public Works Department prior to the issuance of any building permit. 5. The Project is anticipated to enhance coverage and capacity for residents, visitors and businesses in the neighborhood by providing wireless access to voice and data transmission services. The proposed telecom facility is not expected to result in any material changes to the character of the local community. 6. See Facts in Support of Finding B.4, B.5, and B.6. 7. The Project 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 Project 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. 17-18 Resolution 2020 - Page 9 of 15 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 Project 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 Project must and will comply with the applicable Federal and State rules, regulations and standards thus, ensuring public health and safety. 3. See Facts in Support of Finding B.4, B.5, B.6, and B.7. 4. The Project 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 Subsection 20.49.060(H)(1) (General Findings for Telecom Facilities) of the NBMC, 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. 17-19 Resolution 2020 - Page 10 of 15 2. The closest residentially zoned property is located approximately 20 feet northeast of SLC0796 and is buffered by a large 20 -foot -wide parkway area with vegetation of varying heights. SLC0796 is located along the inland side of a well -traveled street and will blend in with the surrounding streetscape. There are no public parks near the Project. The Project and below -grade accessory equipment meets the City's design parameters approved by the City's Master License Agreement, which emphasizes stealth techniques and best practices to not be materially detrimental to the surrounding area. Finding: G. The proposed telecom facility complies with height, location and design standards, as provided for in this chapter. Facts in Support of Finding: 1. The 34 -foot, 9 -inch tall small cell facility would comply with the maximum height limit of 35 feet for telecom facilities installed on streetlights within the public right- of-way. 2. See Facts in Support of Finding B in its entirety. 3. The application includes documentation indicating the need to provide and improve coverage to the residential areas within the City. Moreover, the additional system capacity provided by the Project 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. SLC0796 will help meet coverage objectives and improve coverage to nearby areas that are currently marginal. Finding.- H. inding: H. An alternative site(s) located further from a residential district, public park or public facility cannot feasibly fulfill the coverage needs fulfilled by the installation at the proposed site. Facts in Support of Finding: 1. See Fact in Support of Finding C.2. 17-20 Resolution 2020 - Page 11 of 15 2. Five nearby streetlights were identified and investigated by the Applicant as possible alternate locations for this small cell facility; however, all sites were found by the applicant to be not viable. 3. Alternative Site #1 is a wooden utility pole located approximately 100 feet north of the proposed streetlight. This pole is located immediately in front of a two -unit residential structure that is oriented towards Balboa Boulevard within a narrower parkway area. Installation of small cell infrastructure at this location would require placement of a crossarm with exposed equipment on either side of the wooden pole and would not be as aesthetically compatible as the proposed location. Most importantly, the wooden utility pole is located within an approved underground assessment and utility district, which will aim to eventually eliminate such above- ground utilities in the area. 4. Alternative Site #2 at City Streetlight No. SLC0767 located approximately 160 feet northwest of the proposed streetlight on the opposite side of Balboa Boulevard. This alternative location is in very close proximity to overhead powerlines, which would make additional height above the existing streetlight pole infeasible. Furthermore, the existing streetlight is located such that accessibility is limited and a girthier pole could not be accommodated without further constraining the sidewalk. 5. Alternative Site #3 is a wooden utility pole located approximately 78 feet west of the proposed streetlight. This pole is located immediately adjacent to the front patio of an existing, single -story residence. Like Alternative Site #1, installation of small cell infrastructure at this location would require placement of a crossarm with exposed equipment on either side of the wooden pole and would not be as aesthetically compatible as the proposed location. Most importantly, the wooden utility pole is located within an approved underground assessment and utility district, which will aim to eventually eliminate such above -ground utilities in the area. 6. Alternative Site #4 at City Streetlight No. SLC0768 is located at the southwest corner of Balboa Boulevard and 30th Street approximately 100 feet from the proposed streetlight. Like Alternative Site #2, this alternative location is in very close proximity to overhead powerlines, which would make additional height above the existing streetlight pole infeasible. Accessibility is also limited here and a girthier pole cannot be accommodated without further constraining the sidewalk. 7. Alternative Site #5 at City Streetlight No. SLC0766 is located at the alleyway between 30th Street and 29th Street, approximately 175 feet southeast of the proposed streetlight. Like Alternative Site #2 and Alternative Site #4, accessibility 17-21 Resolution 2020 - Page 12 of 15 is limited at this location and a girthier pole cannot be accommodated without further constraining the sidewalk. Findinq: 1. An alternative plan that would result in a higher preference facility class category for the proposed facility is not available or reasonably feasible and desirable under the circumstances. Facts in Support of Finding: 1. See Fact in Support of Finding C.2. 2. The Applicant's analysis concluded that a more preferred location as defined by Subsection 20.49.040(A) (Preferred Locations) of the NBMC, 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. The abutting properties are zoned for residential use and, as such, a building mounted "stealth" facility would not be possible. Coastal Development Permit In accordance with Subsection 21.52.015(F) (Coastal Development Permits, Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Findinq: J. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The Project is considered a Class 3 (Public Right -of -Way) installation. Section 21.49.040 (Telecom Facility Preferences and Prohibited Locations) of the NBMC lists Class 3 Installations as third on the installation preference list. It is not proposed at a location that is prohibited by NBMC Subsection 21.49.040(B) (Prohibited Locations). 2. See Fact in Support of Finding 1.2. 17-22 Resolution 2020 - Page 13 of 15 3. The Project complies with Section 21.30.100 (Scenic and Visual Quality Protection) of the NBMC. It is not on a coastal bluff or canyon, not adjacent to or within the viewshed of a public view point, coastal view road, public park or beach, or public accessway, as identified on the Coastal Land Use Plan Map 4-3 (Coastal Views), and does not contain significant natural landforms or vegetation. The Project scope involves the removal and replacement of an existing City streetlight in the same location with the same luminaire height. The shielded antennas will extend above the pole by approximately 5 feet, 6 inches while the antenna shroud will be visible from the immediate vicinity. The Project has been designed to blend in within the existing streetscape. 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. There will be no negative impacts on coastal views or coastal resources with the Project's implementation. 4. The proposed replacement streetlight and antenna structure will comply with the maximum allowable height limit of 35 feet from existing finished grade. Finding: K. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Facts in Support of Finding: 1. SLC0796 is not located between the nearest public road and the sea or shoreline; therefore, the Project will not affect the public's ability to gain access to, use, and/or view the coast and nearby recreational facilities. Vertical access to the beach is provided by way of street -ends in the area, including 30th Street. Lateral access along the beach provided on the beach itself and along the Oceanfront Boardwalk. The equipment will be below grade and will not impact any public way. 2. The Project will allow the installation of a small cell facility that complies with all applicable Local Coastal Program (LCP) development standards and maintains development attributes consistent with the existing and anticipated future surrounding neighborhood pattern of development. Therefore, the Project does not have the potential to degrade public views within the Coastal Zone. 17-23 Resolution 2020 - Page 14 of 15 Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 3: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The City Council finds the adoption of this resolution 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, Division 6, 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 Project 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 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. 17-24 Resolution 2020 - Page 15 of 15 Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 25th day of August, 2020. Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY TTORNEY'S OFFI ok^l Aaron C. Harp City Attorney Attachment(s): Exhibit "A" Conditions of Approval 17-25 EXHIBIT "A" CONDITIONS OF APPROVAL Planninq 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 approval. 4. The Project 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 Project shall be installed underground. 8. All electrical and antenna wiring shall be fully encased within the reconstructed streetlight pole. 9. The Project approved by the use permit shall comply with the Master License Agreement (Contract No. C-8584-1) and any easements, covenants, conditions, or restrictions on the underlying City -trust property upon which the Project 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. The small cell facility and base streetlight pole approved by this permit shall not exceed a total of 34 feet, 9 inches in height from existing grade (maximum elevation height of 43.57 feet above finish grade using the North American Vertical Datum of 1988 [NAVD88]). 17-26 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 Project 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 Project 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 Project shall at no time interfere with the frequencies used by the City of Newport Beach for public safety. "Comprehensive advanced planning and frequency coordination" engineering measures shall prevent interference, especially in the choice of frequencies and radio ancillary hardware. This is encouraged in the "Best Practices Guide" published by the Association of Public - Safety Communications Officials -International, Inc. ("APCO"), and as endorsed by the FCC. 18. Should interference with the City's Public Safety radio equipment occur, use of the Project authorized by this permit may be suspended until the radio frequency interference is corrected and verification of the compliance is reported. 19. The Applicant shall provide a "single point of contact" for carriers in its Engineering and Maintenance Departments that is monitored 24 hours per day to ensure continuity on all interference issues, and to which interference problems may be reported. The name, telephone number, fax number, and email address of that person shall be provided to the Community Development Department and Newport Beach Police Department's Support Services Commander prior to activation of the facility. If the point of contact changes, the City shall be immediately alerted and updated. 20. No advertising signage or identifying logos shall be displayed on the Project 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. 17-27 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. 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 Project in good repair, such that it is always consistent with this approval. 24. The Applicant shall ensure that its Project 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 Project 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 Chapters 20.49 and 21.49, including the conditions of approval, based on changed circumstances. The operator shall notify the Planning Division of any proposal to change the height or size of the facility; increase the size, shape, or number of antennas; change the facility's color or materials or location on the site; or increase the signal output above the maximum permissible exposure ("MPE") limits imposed by the radio frequency emissions guidelines of the FCC. Any changed circumstance shall require the operator to 17-28 apply for a review of the modification, and possible amendment to the use permit, prior to implementing any change. 29. Coastal Development Permit No. CD2020-052 and Minor Use Permit No. UP2019- 030 shall expire unless exercised within 24 months from the date of approval as specified in Sections 20.54.060 and 21.54.060 (Time Limits and Extensions) of the NBMC, unless an extension is otherwise granted. 30. Construction activities shall comply with Section 10.28.040 of the NBMC, 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 approval may be modified or revoked by the City Council if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 32. A copy of the Resolution, including conditions of approval Exhibit "A," and approved drawings from Southern California Edison (SCE) for the power supply and design, shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 33. The Applicant shall promptly notify the City if the landscaped parkway of the subject streetlight pole is negatively affected or otherwise damaged by project implementation. 34. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of Small Cell on SLC0796, including, but not limited to, Minor Use Permit No. UP2019-030 and Coastal Development Permit No. CD2020-052 (PA2019-111). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 17-29 Public Works Department 35. Prior to the issuance of a building permit, an encroachment permit shall be required. 36. Prior to the issuance of a building permit, traffic control plans illustrating compliance with the 2016 WATCHbook requirements shall be reviewed and approved by the Public Works Department before their implementation. Large construction vehicles shall not be permitted to travel narrow streets as determined by the Public Works Department. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagman. Additional Conditions of Approval 37. The Applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of native birds pursuant to MBTA.- A. BTA: A. The Project 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. 17-30 Attachment C Overview of Small Cell Wireless 17-31 Attachment C Small Cell Wireless Overview 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 increase data speed and capacity and to make coverage more reliable. In contrast to traditional macro wireless sites (i.e., cell towers), small cells advance a signal over a smaller radius by the means of minimal equipment on existing infrastructure. The result is more limited visual intrusion and enhanced wireless network capacity, which helps to meet the demands of residents, businesses, and visitors. The City of Newport Beach's (City) regulatory review of wireless telecom siting is limited by three federal laws: (1) The Communications Act of 1934; (2) the Telecommunications Act of 1996 (Telecommunications Act); and (3) a provision of the Middle -Class Tax Relief and Job Creation Act of 2012 (Spectrum Act). Together, these laws aim to facilitate 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 removed barriers to wireless infrastructure deployment related to small cell and established accelerated timelines for processing small cell applications at the local level. It also limited the City's rights as a property owner, restricting the type and amount of fees that can be collected 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 MLA authorized non-exclusive use of City -owned streetlights in the public right-of-way to install telecommunications equipment for small cell facilities. The MLA approved conceptual designs, as well as 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. 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 facilities on the basis of the perceived health effects of radio frequency (RF) emissions to the extent that the proposed 17-32 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. Under the new FCC Order, wireless providers are not required to demonstrate a significant coverage gap, a qualification previously required by local jurisdictions in order to support an application. Pursuant to the Order, the City cannot "materially [inhibit] the introduction of new services or the improvement of existing services." Moreover, pursuant to Section 332(c)(7)(13)(i)(II) of U.S. Code Title 47 (Telecommunications), the City may "not regulate the placement, construction or modification of wireless service facilities in a manner that prohibits the provision of personal wireless services." Although not required, the Applicant produced a coverage map for the project. This map indicates the proposed facility would boost the capacity and coverage in the vicinity. 17-33 Attachment D Planning Commission Resolution No. PC2020-018 adopted July 9, 2020 17-34 RESOLUTION NO. PC2020-018 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2020-052 AND UPHOLDING THE DECISION OF THE ZONING ADMINISTRATOR APPROVING MINOR USE PERMIT NO. UP2019-030 FOR A SMALL CELL FACILITY LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY ON CITY STREETLIGHT NUMBER SLC0796, AT THE NORTHWESTERN CORNER OF BALBOA BOULEVARD AND 30TH STREET (PA2019-111) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by New Cingular Wireless, LLC ("Applicant"), with respect to City of Newport Beach Streetlight Number SLC0796 ("SLC0796"), located within the public right-of-way, at the northwestern corner of Balboa Boulevard and 30th Street, requesting approval of a minor use permit. 2. The Applicant proposes the installation of a small cell wireless facility on a City -owned streetlight pole. Project implementation will be fully contained within the public right-of- way on Balboa Boulevard and includes the following: (1) removal and replacement of an existing City streetlight; (2) installation of a small cell wireless facility that consists of four remote radio units, a raycap disconnect, and an omni -directional antenna within a 12 -inch diameter equipment shroud, with the equipment being fixed to the top of the replaced streetlight pole for a maximum height of 34 feet, 9 inches, and (3) establishment of new below -grade support equipment adjacent to the streetlight. Also included is the review of a coastal development permit. (the "Project"). 3. Since the SLC0796 streetlight is located within the public right-of-way. The proposal is regulated by Council Policy L-23 (Siting of Wireless Telecommunications Equipment on City -Owned Property), as well as Chapter 20.49 (Wireless Telecommunication Facilities) of the Newport Beach Municipal Code ("NBMC"). 4. A public hearing was held on April 16, 2020, in the Community Room located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act"), Chapter 20.62 and Chapter 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this public hearing. 5. The Zoning Administrator adopted Resolution No. ZA2020-030 approving Minor Use Permit No. UP2019-030. 17-35 Planning Commission Resolution No. PC2020-018 Paae 2 of 16 6. On April 28, 2020, attorney Mark Pollock filed an appeal of the Zoning Administrator's decision primarily citing concerns with the City's Master License Agreement and the Applicant's authority to file for this application. 7. The Project was scheduled for a de novo public hearing by the Planning Commission for June 4, 2020 but was continued from that agenda to allow staff additional time to review the Project. Of concern was whether the Project also required a coastal development permit. 8. The Project is located within the Coastal Zone. Subsection 21.49.020(B) (Permit and Agreement Required) of the NBMC requires a coastal development permit for a wireless telecommunication facility unless said facility is exempted by Subsection 21.49.020(C) (Exempt Facilities). In this case, the Project does not meet any of the prescribed exemptions; therefore, a coastal development permit is required. 9. Upon finding that a coastal development permit is required, the Zoning Administrator deferred action on Coastal Development Permit CD2020-052 and is referring it to the Planning Commission pursuant to Section 21.50.020 footnote (3) (Authority for Decisions) for consideration and final action along with Minor Use Permit No. UP2019- 030. The Project was noticed for the Planning Commission's review. A de novo telephonic public hearing was held by the Planning Commission on July 9, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose of this public meeting was given in accordance with the Ralph M. Brown Act, Chapter 20.62 and Chapter 21.62 of the NBMC. The Planning Commission considered evidence both written and oral 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, Division 6, 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 Project includes the removal and replacement of an existing City streetlight pole to install a small telecommunications wireless facility, including below - grade accessory equipment. 17-36 Planning Commission Resolution No. PC2020-018 Paae 3 of 16 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 Subsection 20.52.020(F) (Conditional Use Permits and Minor Use Permits) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: SLC0796 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. The City of Newport Beach General Plan ("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 the small cell 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 17-37 Planning Commission Resolution No. PC2020-018 Paae 4 of 16 supporting infrastructure and public services and sustain Newport Beach's natural setting." The Project 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 small cell 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. SLC0796 is not located within a specific plan area Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. See Fact in Support of Finding A.1. 2. Wireless telecommunication facilities are regulated by Chapter 20.49 (Wireless Telecommunication Facilities) of the NBMC. 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 pursuant to Section 20.49.060 (Permit Review Procedures) of the NBMC. In this case, the Zoning Administrator's approval was appealed; therefore, the Planning Commission is the review authority. 3. Section 20.49.040(A) (Preferred Locations) of the NBMC, 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. Section 20.49.050 (General Development and Design Standards) of the NBMC, requires projects to be visually compatible with surrounding structures. In reviewing this application, the review authority shall consider the proposed facility's use of color blending, equipment screening, and the limited size of the equipment designed consistently with the aforementioned criteria. All telecommunications equipment on top of the streetlight pole would be concealed within a painted -to -match 12 -inch diameter shroud. The Project would rely on likeness with the streetlight pole through style, color, and material to help disguise its presence. Engineering of the replacement streetlight pole accommodates and withstands the weight of the small cell equipment and has ability to display a future City banner, if needed. Electrical and wiring components of the telecommunications equipment are designed to be fully contained within the new streetlight pole. The overall height of 34 feet, 9 inches from finished grade to the top of 17-38 Planning Commission Resolution No. PC2020-018 Paae 5 of 16 the proposed facility complies with the maximum allowed. Equipment not contained within the shroud on the streetlight pole would be out of sight, located below the ground in the adjacent ROW. Condition of Approval No. 32 requires approved design drawings from Southern California Edison ("SCE") of the power supply to the small cell facility before construction of the facility is to commence. 5. Existing residential properties contiguous to the Project are in the R-2 (Two -Unit Residential) Zoning District. R -2 -zoned sites allow for structures up to 24 feet for flat roof elements and 29 feet to the ridge of a sloped roof. The height of the existing streetlight SLC0796 sits just above the maximum allowable height for residential structures. The streetlight is separated from the residences by a large 20 -foot vegetated parkway that is landscaped with taller palm trees. Given this buffer between the streetlight and the residences, SLC0796 is softened and screened by the landscaping from the residential neighborhood beyond. Furthermore, keeping the luminaire the same height as the existing streetlight lessens visual obtrusion from the proposed small cell facility with the line of the existing development. 6. Submitted materials from the Applicant demonstrate the proposal would conform with Federal Communications Commission ("FCC") Rules and Regulations regarding safety and radio frequency emissions. 7. The Project 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: City of Newport Beach Streetlight No. SLC0796 is located within the public right-of-way on the northern side of Balboa Boulevard at the northwestern corner of the 30th Street intersection. It is immediately adjacent to an unusually large vegetated parkway that is approximately 20 feet wide. Beyond the parkway to the northeast is a block of two -unit residential development. All surrounding land uses are residential and vary in density from two -unit residential to single -unit residential. The only exception is a CV (Commercial Visitor Serving) zoned parcel across 30th Street from the site, which is presently developed with a laundromat (Beach Coin Laundry). 2. Under the new FCC Order, wireless providers are not required to demonstrate a significant coverage gap, a qualification previously required by local jurisdictions in order to support an application. Pursuant to the Order, the City cannot "materially [inhibit] the introduction of new services or the improvement of existing services." Moreover, pursuant to Section 332(c)(7)(13)(i)(II) of U.S. Code Title 47 (Telecommunications), the City may "not regulate the placement, construction or modification of wireless service facilities in a manner that prohibits the provision of personal wireless services." Although 17-39 Planning Commission Resolution No. PC2020-018 Paae 6 of 16 not required, the Applicant produced a coverage map for the Project. This map indicates the proposed facility would boost the supply of capacity and coverage in the vicinity. 3. SLC0796 serves as a part of the City's existing streetlight inventory. AT&T proposes to: (1) remove and replace SLC0796 with a new streetlight in the same location; (2) maintain the existing luminaire height of 29 feet, 9 inches; (3) install telecommunications equipment for a small cell wireless facility on top of the new streetlight pole resulting in an overall height of 34 feet, 9 inches; and (4) establish new below -grade support equipment adjacent to the streetlight, within the public right-of-way. 4. The replacement streetlight pole design is consistent with the size, shape, style, and design of that existing, including the attached light arm and luminaire. For safety and circulation of the area during construction, Condition of Approval No. 40 requires traffic control plans illustrating compliance with the 2016 WATCHbook to be reviewed and approved by the Public Works Department prior to the issuance of any building permit. 5. The Project is anticipated to enhance coverage and capacity for residents, visitors and businesses in the neighborhood by providing wireless access to voice and data transmission services. The proposed telecom facility is not expected to result in any material changes to the character of the local community. 6. See Facts in Support of Finding B.4, B.5, and B.6. 7. The Project 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 Project 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. 17-40 Planning Commission Resolution No. PC2020-018 Paae 7 of 16 Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: The Project 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 Project must and will comply with the applicable Federal and State rules, regulations and standards thus, ensuring public health and safety. 3. See Facts in Support of Finding B.4, B.5, B.6, and B.7. 4. The Project 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 Subsection 20.49.060(H)(1) (General Findings for Telecom Facilities) of the NBMC, the following additional findings and facts in support of such findings are set forth: Finding: F. The proposed telecom facility is visually compatible with the surrounding neighborhood. Facts in Support of Finding: 1. See Facts in Support of Finding B.4, B.5, and B.6. 2. The closest residentially zoned property is located approximately 20 feet northeast of SLC0796 and is buffered by a large 20 -foot -wide parkway area with vegetation of varying heights. SLC0796 is located along the inland side of a well -traveled street and will blend in with the surrounding streetscape. There are no public parks near the Project. The Project 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. 17-41 Planning Commission Resolution No. PC2020-018 Paae 8 of 16 Finding: G. The proposed telecom facility complies with height, location and design standards, as provided for in this chapter. Facts in Support of Finding: 1. The 34 -foot, 9 -inch tall small cell facility would comply with the maximum height limit of 35 feet for telecom facilities installed on streetlights within the public right-of-way. 2. See Facts in Support of Finding B in its entirety. 3. The application includes documentation indicating the need to provide and improve coverage to the residential areas within the City. Moreover, the additional system capacity provided by the Project 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. SLC0796 will help AT&T to meet its coverage objectives and improve coverage to nearby areas that are currently marginal. Finding: H. An alternative site(s) located further from a residential district, public park or public facility cannot feasibly fulfill the coverage needs fulfilled by the installation at the proposed site. Facts in Support of Finding: 1. See Fact in Support of Finding C.2. 2. Five nearby streetlights were identified and investigated by the Applicant as possible alternate locations for this small cell facility; however, all sites were found by the applicant to be not viable. 3. Alternative Site #1 is a wooden utility pole located approximately 100 feet north of the proposed streetlight. This pole is located immediately in front of a two -unit residential structure that is oriented towards Balboa Boulevard within a narrower parkway area. Installation of small cell infrastructure at this location would require placement of a crossarm with exposed equipment on either side of the wooden pole and would not be as aesthetically compatible as the proposed location. Most importantly, the wooden utility pole is located within an approved underground assessment and utility district, which will aim to eventually eliminate such above -ground utilities in the area. 4. Alternative Site #2 at City Streetlight No. SLC0767 located approximately 160 feet northwest of the proposed streetlight on the opposite side of Balboa Boulevard. This alternative location is in very close proximity to overhead powerlines, which would make additional height above the existing streetlight pole infeasible. Furthermore, the existing streetlight is located such that accessibility is limited and a girthier pole could not be accommodated without further constraining the sidewalk. 17-42 Planning Commission Resolution No. PC2020-018 Paae 9 of 16 5. Alternative Site #3 is a wooden utility pole located approximately 78 feet west of the proposed streetlight. This pole is located immediately adjacent to the front patio of an existing, single -story residence. Like Alternative Site #1, installation of small cell infrastructure at this location would require placement of a crossarm with exposed equipment on either side of the wooden pole and would not be as aesthetically compatible as the proposed location. Most importantly, the wooden utility pole is located within an approved underground assessment and utility district, which will aim to eventually eliminate such above -ground utilities in the area. 6. Alternative Site #4 at City Streetlight No. SLC0768 is located at the southwest corner of Balboa Boulevard and 30th Street approximately 100 feet from the proposed streetlight. Like Alternative Site #2, this alternative location is in very close proximity to overhead powerlines, which would make additional height above the existing streetlight pole infeasible. Accessibility is also limited here and a girthier pole cannot be accommodated without further constraining the sidewalk. 7. Alternative Site #5 at City Streetlight No. SLC0766 is located at the alleyway between 30th Street and 29th Street, approximately 175 feet southeast of the proposed streetlight. Like Alternative Site #2 and Alternative Site #4, accessibility is limited at this location and a girthier pole cannot be accommodated without further constraining the sidewalk. Finding: 1. 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 SUDDort of Findina: 1. See Fact in Support of Finding C.2. 2. AT&T's analysis concluded that a more preferred location as defined by Subsection 20.49.040(A) (Preferred Locations) of the NBMC, 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. The abutting properties are zoned for residential use and, as such, a building mounted "stealth" facility would not be possible. Coastal Development Permit In accordance with Subsection 21.52.015(F) (Coastal Development Permits, Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: 17-43 Planning Commission Resolution No. PC2020-018 Paae 10 of 16 Finding: J. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: The Project is considered a Class 3 (Public Right -of -Way) installation. Section 21.49.040 (Telecom Facility Preferences and Prohibited Locations) of the NBMC lists Class 3 Installations as third on the installation preference list. It is not proposed at a location that is prohibited by NBMC Subsection 21.49.040(8) (Prohibited Locations). 2. See Fact in Support of Finding 1.2. 3. The Project complies with Section 21.30.100 (Scenic and Visual Quality Protection) of the NBMC. It is not on a coastal bluff or canyon, not adjacent to or within the viewshed of a public view point, coastal view road, public park or beach, or public accessway, as identified on the Coastal Land Use Plan Map 4-3 (Coastal Views), and does not contain significant natural landforms or vegetation. The Project scope involves the removal and replacement of an existing City streetlight in the same location with the same luminaire height. The shielded antennas will extend above the pole by approximately 5 feet, 6 inches while the antenna shroud will be visible from the immediate vicinity. The Project has been designed to blend in within the existing streetscape. 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. There will be no negative impacts on coastal views or coastal resources with the Project's implementation. 4. The proposed replacement streetlight and antenna structure will comply with the maximum allowable height limit of 35 feet from existing finished grade. Finding: K. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Facts in Support of Finding: 1. SLC0796 is not located between the nearest public road and the sea or shoreline; therefore, the Project will not affect the public's ability to gain access to, use, and/or view the coast and nearby recreational facilities. Vertical access to the beach is provided by way of street -ends in the area, including 30th Street. Lateral access along the beach provided on the beach itself and along the Oceanfront Boardwalk. The equipment will be below grade and will not impact any public way. 17-44 Planning Commission Resolution No. PC2020-018 Paae 11 of 16 2. The Project will allow the installation of a small cell facility that complies with all applicable Local Coastal Program (LCP) development standards and maintains development attributes consistent with the existing and anticipated future surrounding neighborhood pattern of development. Therefore, the Project does not have the potential to degrade public views within the Coastal Zone. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 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, Division 6, 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 Planning Commission of the City of Newport Beach hereby approves Coastal Development Permit No. CD2020-052 and upholds the Zoning Administrator's decision approving Minor Use Permit No. UP2019-030, subject to the conditions set forth in "Exhibit A," which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Office of the City Clerk in accordance with Title 21 (Local Coastal Program Implementation Plan) of the NBMC. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 (Appeals to the Coastal Commission) of the NBMC, California Code of Regulations Title 14, Division 5.5, Chapter 5, Subchapter 2, Sections 13111 through 13120, and Section 30603 of the California Public Resources Code. PASSED, APPROVED, AND ADOPTED THIS 9T" DAY OF JULY, 2020. AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and Weigand NOES: ABSTAIN: ABSENT: A /W/ _ BY: Erik Weigand, ehairman BY. Lauren Kleiman, Secretary 17-45 Planning Commission Resolution No. PC2020-018 Paae 12 of 16 EXHIBIT "A" CONDITIONS OF APPROVAL Plannina 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 approval. 4. The Project 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 Project shall be installed underground. 8. All electrical and antenna wiring shall be fully encased within the reconstructed streetlight pole. 9. The Project approved by the use permit shall comply with any easements, covenants, conditions, or restrictions on the underlying City -trust property upon which the Project 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. The small cell facility and base streetlight pole approved by this permit shall not exceed a total of 34 feet, 9 inches in height from existing grade (maximum elevation height of 43.57 feet above mean sea level using the North American Vertical Datum of 1988 [NAVD88]). 17-46 Planning Commission Resolution No. PC2020-018 Paae 13 of 16 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 Project 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 Project 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 Project shall at no time interfere with the frequencies used by the City of Newport Beach for public safety. "Comprehensive advanced planning and frequency coordination" engineering measures shall prevent interference, especially in the choice of frequencies and radio ancillary hardware. This is encouraged in the "Best Practices Guide" published by the Association of Public -Safety Communications Officials - International, Inc. ("APCO"), and as endorsed by the FCC. 18. Should interference with the City's Public Safety radio equipment occur, use of the Project authorized by this permit may be suspended until the radio frequency interference is corrected and verification of the compliance is reported. 19. The Applicant shall provide a "single point of contact" for carriers in its Engineering and Maintenance Departments that is monitored 24 hours per day to ensure continuity on all interference issues, and to which interference problems may be reported. The name, telephone number, fax number, and email address of that person shall be provided to the Community Development Department and Newport Beach Police Department's Support Services Commander prior to activation of the facility. If the point of contact changes, the City shall be immediately alerted and updated. 20. No advertising signage or identifying logos shall be displayed on the Project 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. 17-47 Planning Commission Resolution No. PC2020-018 Paae 14 of 16 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 Project in good repair, such that it is always consistent with this approval. 24. The Applicant shall ensure that its Project 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 Project 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 Chapters 20.49 and 21.49, including the conditions of approval, based on changed circumstances. The operator shall notify the Planning Division of any proposal to change the height or size of the facility; increase the size, shape, or number of antennas; change the facility's color or materials or location on the site; or increase the signal output above the maximum permissible exposure ("MPE") limits imposed by the radio frequency emissions guidelines of the FCC. Any changed circumstance shall require the operator to apply for a review of the modification, and possible amendment to the use permit, prior to implementing any change. 29. Coastal Development Permit No. CD2020-052 and Minor Use Permit No. UP2019-030 shall expire unless exercised within 24 months from the date of approval as specified in 17-48 Planning Commission Resolution No. PC2020-018 Paae 15 of 16 Sections 20.54.060 and 21.54.060 (Time Limits and Extensions) of the NBMC, unless an extension is otherwise granted. 30. Construction activities shall comply with Section 10.28.040 of the NBMC, 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 approval may be modified or revoked by the Planning Commission if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 32. A copy of the Resolution, including conditions of approval Exhibit "A," and approved drawings from Southern California Edison (SCE) for the power supply and design, shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 33. The Applicant shall promptly notify the City if the landscaped parkway of the subject streetlight pole is negatively affected or otherwise damaged by project implementation. 34. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of AT&T Small Cell on SLC0796, including, but not limited to, Minor Use Permit No. UP2019-030 and Coastal Development Permit No. CD2020-052 (PA2019-111). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Public Works Department 35. Prior to the issuance of a building permit, an encroachment permit shall be required. 36. Prior to the issuance of a building permit, traffic control plans illustrating compliance with the 2016 WATCHbook requirements shall be reviewed and approved by the Public Works Department before their implementation. Large construction vehicles shall not be permitted to travel narrow streets as determined by the Public Works Department. 17-49 Planning Commission Resolution No. PC2020-018 Paae 16 of 16 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. Additional Conditions of Approval 37. The Applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of native birds pursuant to MBTA: A. The Project 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. 17-50 Attachment E Appellant's Appeal Application received July 15, 2020 17-51 PO RT Appeal Application Clerk's Date & Time Stamp City Clerk's Office EEI!/ED v = _ 100 Civic Center Drive / P.O. Box 1768 Newport Beach, CA 92658-8915 ., 5 A n Qq F0 �N�P 949-644-3005 Appeals are time sensitive and must be received by the City Clerk specified time period fr�� �'decisjon or final action by a decision -maker. It is advisable to consult with the Department mana��i � i� iSSi)oufhire is question with regards to appealing an action. This is an appeal of the: ❑ (CDD222)Community Development Director Action to the Planning Commission - $1,692 ❑ (CDD222)Zoning Administrator Action to the Planning Commission - $1,692 >C(CDD222)Planning Commission Action to the City Council - $1,692 ❑ (CDD222)Hearing Officer Action to the City Council - $1,692 ❑ (CDD223)Building Official/Fire Marshal Action to the Building/Fire Board of Appeals - $1,692 ❑ (CDD224)Chief of Police Action on an Operator License to the City Manager - $757 ❑ (RSS073)City Manager Action on a Special Events Permit to the City Council - $1,747 ❑ (HBR001)Harbormaster Action on a Lease/Permit to the Harbor Commission - $100 ❑ (HBR001)Harbormaster Action to the Harbor Commission - Hourly Cost ❑ (HBR001)Harbor Commission Action to the City Council - Hourly Cost ❑ (PBW018)Public Works Director Action Harbor Development Permits to Harbor Commission - Hourly Cost ❑ (PBW018)Public Works Director Action on a Lease/Permit to the Harbor Commission - $100 ❑ Other - Specify decision -maker, appellate body, Municipal Code authority and fee: Appellant Information: Name(s): A. C k. S. R6 I (� G Address: 1 7 7 G l aid 5't'. **:, 40 City/State/Zip: y 5514 Phone: 7tn7 Z 57-3o.If Email: wl Pa/16c- lac 11-6c- 4c zLrtd7V:mMAes Appealing Application Regarding: L Lr- -J_ Name of Applicant(s): New Oy-s-, I�SST Date of Final Decision: its IV t 2 �ZCs Project No.: :5 L L [�`7�-/� Activity No..:: ?A% -2_0k9_ III Application Site Address: N e4VI L,'esJer•r%) Czor rz e r of ��T�' 51. dl l aA la bbd Lv2h z 1~i ;a),%4 tole If Description of application: �Of li GA�c•dfJ �a/^ n. Mi m"r Use �1` v�t �' -Va s�G 67, "I�Le c. e, -.n ea�.,,. Aii►kQn'� a,., c� �� b lac 1 it. j,.� Ps � is TI -.c_ t���t-y � mer ca..,. M j��l , Reason(s) for Appeal (attach a separate sheet if necessary): L�C2. �e� LA Signature of Appellant: -- Date: 7% 1 b j2.fiZo FOR OFFICE USE O Y: 11 ` Date Appeal filed and Administrative Fee received: 1 ! I S 20 2-L. City Clerk cc: Department Director, Deputy Director, SfyV` ev F:IUserslClerklSharedlFonnsL4ppeal Application L145,17u" G Updated 317/2019 17-52 Attachment F Planning Commission Staff Report from July 9, 2020 17-53 i�"P"R� CITY OF NEWPORT BEACH .� PLANNING COMMISSION STAFF REPORT �� a July 9, 2020 ,xaR� Agenda item No. 4 SUBJECT: AT&T Small Cell SLC0796 Appeal (PA2019-111) ■ Minor Use Permit No. UP2019-030 ■ Coastal Development Permit No. CD2020-052 SITE LOCATION: Public right-of-way, City streetlight number SLC0796, at the northwestern corner of Balboa Boulevard and 301" Street APPLICANT: New Cingular Wireless, LLC OWNER: City of Newport Beach PLANNER: Benjamin M. Zdeba, AICP, Senior Planner 949-644-3253, bzdeba@newportbeachca.gov PROJECT SUMMARY An appeal of the Zoning Administrator's decision on April 16, 2020, to approve a minor use permit allowing the installation of a small cell wireless facility on a City -owned streetlight pole. Project implementation will be fully contained within the public right-of-way on Balboa Boulevard and includes the following: (1) Removal and replacement of an existing City streetlight; (2) Installation of a small cell wireless facility that consists of four remote radio units, a raycap disconnect, and an omni -directional antenna within a 12 -inch diameter antenna screening shroud at the top of the pole. The overall height of the facility would be 34 feet, 9 inches above the ground. Support equipment will be in an adjacent below -grade vault. Also included in the request is a coastal development permit to allow the installation within the coastal zone boundaries. 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 37 Adopt Resolution No. PC2020-018 approving Coastal Development Permit No. CD2020-052 and affirming the decision of the Zoning Administrator approving Minor Use Permit No. UP2019-030 with the attached Findings and Conditions (Attachment No. PC 1)_ T 17-54 17-55 AT&T Small CelI SLC0796 Appeal (PA2019-111) Planning Commission, ,July 9, 2020 Page 2 LOCATION GENERAL PLAN ZONING CURRENT USE City Streetlight No. ON-SITE NIA (Public Right -of -Way) NIA (Public Right -of -Way) SLC0796 Single- and two-family NORTH Two -Unit Residential (RT) Two -Unit Residential (R-2) residences SOUTH RT R-2 Single- and two-family residences EAST Visitor Serving Commercial (CV) Commercial Visitor -Serving (CV) Beach Coin Laund single- and two-fary wl mily RT R-2 residences beyond WEST RT R-2 Single- and two-family residences S 17-56 17-57 AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission, July 9, 2020 Page 3 INTRODUCTION 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 increased data demand and to make coverage more reliable. In contrast to traditional macro wireless sites (i.e., cell towers), small cells advance a signal over a smaller radius by the means of minimal equipment on existing infrastructure. The result is more limited visual intrusion and enhanced wireless network capacity, which helps to meet the demands of residents, businesses, and visitors. The City of Newport Beach's (City) regulatory review of wireless telecom siting is limited by three federal laws: (1) The Communications Act of 1334; (2) the Telecommunications Act of 1996 (Telecommunications Act); and (3) a provision of the Middle -Class Tax Relief and Jots Creation Act of 2012 (Spectrum Act). Together, these laws aim to facilitate wireless infrastructure development and restrict certain aspects of focal 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 removed barriers to wireless infrastructure deployment and established accelerated timelines for processing wireless applications at the local level. It also limited the City's rights as a property owner, restricting the type and amount of fees that can be collected 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 MLA authorized non-exclusive use of City -owned streetlights to install telecommunications equipment for small cell facilities. The MLA approved conceptual designs, as well as 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. As the focal 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 17-58 AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission, July 9, 2020 Page 4 from the Applicant demonstrate the proposal would conform with ECC 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 radia frequency emissions. Under the new FCC Order, wireless providers are not required to demonstrate a significant coverage gap, a qualification previously required by local jurisdictions in order to support an application. Pursuant to the Order, the City cannot "materially [inhibit] the introduction of new services or the improvement of existing services." Moreover, pursuant to Section 332(c)(7)(13)(1)(II) of U.S. Code Title 47 (Telecommunications), the City may not regulate the placement, construction or modification of wireless service facilities in a manner that prohibits the provision of personal wireless services." Although not required, the Applicant produced a coverage map for the project (Attachment No. PC 9). This map indicates the proposed facility would boost the capacity and coverage in the vicinity. Project Setting The proposed project is located on Streetlight No. SLC0796, which is owned by the City of Newport Beach. City Streetlight No. SLC0796 is located within the public right-of-way on the northern side of Balboa Boulevard at the northwestern corner of the 301" Street intersection. It is immediately adjacent to an unusually large landscaped parkway that is approximately 20 feet wide. Beyond the parkway to the northeast is a block of two -unit residential development. All surrounding land uses are residential and vary in density from two- to single -unit residential. The only exception is a Commercial Visitor Serving (CV) zoned parcel across 30t1 Street from the site, which is presently developed with a laundromat (Beach Coin Laundry). As the streetlight is located within the public right-cf- way, the site is not designated by the General Plan Land Use Element and, therefore, is not located within a zoning district. Project Description The Applicant seeks a minor use permit to allow the installation of telecommunications equipment for a small cell wireless facility on the City -owned streetlight pole. Project implementation will be fully contained within the public right-of-way on Balboa Boulevard and includes the following: (1) Removal and replacement of an existing City streetlight; (2) Installation of a small cell wireless facility that consists of four remote radio units, a raycap disconnect, and an omni -directional antenna within a 12 -inch diameter equipment shroud. This equipment would be fixed to the top of the replaced streetlight pole for a maximum height of 34 feet, 9 inches; and (3) Establishment of new below -grade support equipment adjacent to the streetlight. The proposed facility is classified as a stealth facility under Newport Beach Municipal Code (NBMC) Section 20.49.030(N) and the project is designed to be as visually inconspicuous as possible with all equipment and antennas screened. The proposed location was selected by the Applicant as it has the necessary utility connections readily available, is feasible from a signal propagation perspective, is free of obstructions, and has a good line of sight to meet coverage objectives. 17-59 AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission, July 9, 2020 Page 5 t ti - — Proposed Figure 1, Existing photograph (top) with proposed rendering (bottom) showing the replaced streetlight pole, antenna, equipment shroud, and below -grade equipment handholes. The banner is only shown for reference and is not part of this proposal. 7 17-60 AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission, July 9, 2020 Page 6 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. Directional boring will be used if deemed appropriate to minimize open trenching for power and fiber connections. Maintenance of the unmanned facility is not expected to create any congestion, and maintenance activity is expected to be minimal. The telecom operator will be responsible for maintenance of the telecom facility including:, but not limited to, any missing, discolored or damaged screening, promptly removing all graffiti, and keeping the facility clean and free of litter. Monitoring is typically done remotely and, if necessary, a site visit to change any radio equipment will be coordinated with the City, appropriately. Decision and Appeal On April 16, 2020, the Zoning Administrator conducted a public hearing and approved the Applicant's request. During the meeting, three members of the public spoke in opposition to the Minor Use Permit expressing concerns regarding health and general incompatibility with the neighborhood. One member of the public, Mark Pollock, also spoke in opposition expressing concerns about the validity of the application and insurance requirements being satisfied as part of the MLA. As presented in the minutes for the meeting (Attachment No. PC 5), a staff member from the City Attorney's Office addressed Mr. Pollock's concerns as outlined in his March 25, 2020, letter at this hearing and noted that staff informed the City Attorney's Office that the insurance requirements were satisfied. On April 28, 2020, Mr. Pollock filed an appeal of the decision of the Zoning Administrator for the purpose of bringing the item before the Planning Commission for review. The appeal again expresses concerns regarding proof of adequate insurance, as well as the ability for the Applicant to file an application under the MLA. The complete appeal application and its expanded grief have been attached as Attachment No. PC 3. It is notable that the appeal does not focus on the specific location of the proposed project, but rather it focuses on the compliance with the MLA. The project was scheduled for a de novo public hearing by the Planning Commission for June 4, 2020 but was continued from that agenda to allow staff additional time to review the project. Of concern was whether the project also required a coastal development permit. Upon finding that a coastal development permit should be required, staff prepared a revised public hearing notice including the Coastal Development Permit in accordance with NBMC Chapters 20.62 and 21.62. Based on NBMC Subsections 20.64.030(C)(3) and 21.64.030(C)(3) (Conduct of Hearing), a public hearing on an appealed matter is conducted "de novo," meaning that it is a new hearing. The prior decision of the Zoning Administrator to approve Minor Use �7? - 17-61 AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission, July 9, 2020 Page 7 Permit No. UP2019-030 has no force or effect. The Planning Commission is not bound by the Zoning Administrator's decision. The Coastal Development Permit was not reviewed by the Zoning Administrator, as it was not identified as a requirement until after the Zoning Administrator had completed his review and action on the Minor Use Permit. Pursuant to NBMC Section 21.54.020 (Authority for Decisions), the Zoning Administrator may refer the review and action of a coastal development permit to the Planning Commission. In this case, the Zoning Administrator determined it is most appropriate for the Planning Commission to consider both the appeal of the Minor Use Permit and the Coastal Development Permit as a single project (Attachment No. PC 6). Analysis Pursuant to NBMC Chapters 20.49 and 21.49 (Wireless Telecommunications Facilities), the facility is defined as a Class 3 (Public Right -of -Way) Installation given that it will be located within the public right-of-way. Class 3 facilities require the approval of a minor use permit. NBMC Section 20.52.020 (Conditional Use Permits and Minor Use Permits) requires the review authority, in this case the Planning Commission due to the appeal, to make the following findings in order to approve a Use Permit: 1. The use is consistent with the General Plait and any applicable specific plan,- 2. lan: 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Corte and the Municipal Code: 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 4. The site is physically suitable in terms of design, location, shape. size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities: and 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, 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. Additional findings specific to review of a use permit application for a wireless telecommunications facility are required in NBMC Section 24.49.060 (Permit Review Procedures). Those additional findings are as follows: 17-62 AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission, July 9, 2620 Page 8 a. The proposed telecom facility is visually compatible with the surrounding neighborhood. b. The proposed telecom facility complies with height, location and design standards, as provided for in this chapter. c. An alternative site(s) located further from a residential district, public park or public facility cannot feasibly fulfill the coverage needs fulfilled by the installation at the proposed site. 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. General Plan Within the General Plan, there are multiple goals and policies that are applicable to the siting and development of a te#ecom facility. 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 Public Right -Of -Way (ROW), employing stealth elements litre antenna screening, 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. The City retains the right to install community banners as depicted in the visual simulation (Figure 1), but the Applicant would not. Facility identification signs required by State or Federal regulations would be allowed in its smallest permissible size to meet regulations. General Plan Land Use Policy LU 6.1.3 promotes "architecture and planning that complements adjoining uses." The proposed design is adjacent to 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 due to the fully screened design. 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 AT&T system coverage and capacity to enhance service for residents, visitors, and businesses of the area especially in regular and high demand periods. The location experiences high traffic in the summer months, given the proximity to convenient beach IL 0 17-63 AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission, July 9, 2620 Page 9 access and nearby commercial uses. The facility is designed to adapt and accept future technologies, such as 5G, and will help meet Future demands in the area. General Plan Natural Resources Policy NR 20.3 (Public Views) encourages the protecting and enhancement of public view corridors. The facility will be visible from surrounding public and private property, but the location is not a protected public view corridor as identified by the General Plan or Local Coastal Program, and therefore, the project would not have any impact to public views. Zoning Code The project site is within the Public Right -of -Way, 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, o0 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. NBMC Sections 20.49.050 and 21.49.050 (General Development and Design Standards) require projects to be visually compatible with surrounding structures. All telecommunications equipment on top of the streetlight pole woufd 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. Electrical and wiring components of the telecommunications equipment are designed to be fully contained within the new streetlight pole. 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 facility before construction is to commence. NEMC Chapters 20.49 and 21.49 (Wireless Telecommunication Facilities) outline 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. NBMC Subsections 20.49.040(A) and 21,49.040(A) (Preferred Locations) prioritize 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). Small cell facilities located on City -owned streetlights in the ROW is a Class 3 specification (Public Right -of -Way Installations). 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. The abutting residential zones do not allow wireless telecommunications facilities and the Applicant indicates they were not left with any other 11 17-64 AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission, July 9, 2620 Page 10 viable options to meet their business objectives to provide enhanced coverage and capacity in this challenging area. The maximum height allowed for telecom facilities per NBMC Subsection 20.49.050(C)(3) is 35 feet above finished grade. The total height of the replacement pole with the proposed equipment is 34 feet, 9 inches to the highest point above finished grade. The project conforms to the maximum height limitation. Existing residential properties contiguous to the site are in the R-2 (Two -Unit Residential) Zoning District. R -2 -zoned sites allow for structures up to 24 feet for flat roof elements and 29 feet to the ridge of a sloped roof. The height of existing Streetlight No. SLC0796 sits just above the maximum allowable height for residential structures. The streetlight is separated from the residences by a large 20 -foot parkway that is landscaped with taller palm trees. The trees provide a visual buffer between the streetlight and the residences. They also provide a visual and vertical backdrop to help soften and screen the facility. Furthermore, keeping the luminaire the same height and design helps maintain the continuity of the streetlight system. Photographic visual simulations of the facility, depicting the existing and proposed conditions, have been prepared by the Applicant and are included as Attachment No. PC 9. In accordance with NBMC Section 29.30.100 (Public View Protection), the location is not located within a protected public view corridor and, therefore, would not have any impact to public views. Local Coastal Program The project site is located within the coastal zone boundaries and does not have any land use designations, as it is located within the public right-of-way. Pursuant to Subsection 21.49,020(6) (Permit and Agreement Required) of the NBMC, the applicant small obtain a coastal development permit prior to the installation of any wireless te3ecommunications facility unless said facility is exempted by Subsection 21.49.020(C) (Exempt Facilities), In this case, the Project does not meet any of the prescribed exemptions; therefore, a coastal development permit is required. Section 21.52.015 (Coastal Development Permits, Findings and Decision) of the NBMC requires the review authority, in this case the Planning Commission due to the appeal and the Zoning Administrator's determination, to make the Following findings in order to approve a Use Permit: a. [The project cjonforms to all applicable sections of the certified Local Coastal Prograrn; and b. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. 2 17-65 AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission, July 9, 2020 Page 11 The proposed facility is considered a Class 3 (Public Right -of -Way) installation. Section 21.49.040 (Telecom Facility Preferences and Prohibited Locations) of the NBMC lists Class 3 Installations as third on the installation preference list. It is not proposed at a location that is prohibited by NBMC Subsection 21.49.040(13) (Prohibited Loeatlons). AT&T's analysis concluded that a more preferred location as defined by Subsection 21.49.040(A) (Preferred Locations) of the NBMC, 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. The abutting properties are zoned for residential use and, as such, a building mounted "steafth° facility would not be possible. The project complies with Section 21.30.100 (Scenic and Visual Quality Protection) of the NBMC. It is not on a coastal bluff or canyon, not adjacent to or within the viewshed of a public view point, coastal view road, public park or beach, or public accessway, as identified on the Coastal Land Use Plan Map 4-3 (Coastal Views), and does not contain significant natural landforms or vegetation. The project scope involves the removal and replacement of an existing City streetlight in the same location with the same luminaire height. The shielded antennas will extend above the pole by approximately 6 feet, 6 inches while the antenna shroud wi#I be visible from the immediate vicinity. The project has been designed to blend in within the existing streetscape. 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. There will be no negative impacts on coastal views or coastal resources with the project's implementation. SLC0796 is not located between the nearest public road and the sea or shoreline; therefore, the project will not affect the public's ability to gain access to, use, and/or view the coast and nearby recreational facilities. Vertical access to the beach is provided by way of street -ends in the area. including 30th Street. Lateral access along the beach provided on the beach itself and along the Oceanfront Boardwalk. The equipment will be below grade and will not impact any public way. In summary, the project will allow the installation of a small cell facility that complies with all applicable Local Coastal Program (LCP) development standards and maintains development attributes consistent with the existing and anticipated future surrounding neighborhood pattern of development. Therefore, the project does not have the potential to degrade public views within the Coastal Zone. is 17-66 AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission, July 9, 2020 Page 12 Alternative Sites Considered Three nearby utility poles and two streetlights were identified and investigated by the Applicant as possible alternate locations for this small cell facility (see Figure 2 below). Figure 2, On this aerial map, AT&T's proposed small cell location is designated by a red open -circle marker and the alternative sites are identified by yellow markers. The Zoning Administrator considered five alternative streetlight locations that the Applicant found to be not viable (see Attachment No. PC 8). Ultimately AT&T's analysis concluded that a more preferred location as defined by NBMC Subsection 20.49.040(A) (Preferred Locations), such as a collocation or a Class 1 or 2 facility, would not be technically feasible from an RF or construction perspective. The analysis explained that small cell facilities are low powered and must be located at the precise location selected to serve the network traffic demands of a specific limited area. Further, this type of service cannot be accomplished with a traditional macro collocation or building mounted site in the area due to land use (zoning) constraints. 14 17-67 AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission, July 9, 2020 Page 13 Alternative Site No. 1 is a wooden utility pole located approximately 100 feet north of the proposed streetlight (pictured right). This pole is located immediately in front of a two -unit residential structure that is oriented towards Balboa Boulevard within a narrower parkway area. Installation of small cell infrastructure at this location would require placement of a crossarm with exposed equipment on either side of the wooden pole and would not be as aesthetically compatible as the proposed location. Most importantly, the wooden utility pole is located within an approved underground assessment and utility district, which will aim to eventually eliminate such above -ground utilities in the area. ��.2 Aft. Site No. 1 Alternative Site No. 2 at City Streetlight No. SLC0767 located approximately 160 feet northwest of the proposed streetlight on the opposite side of Balboa Boulevard (pictured left). This alternative location is in very close proximity to overhead powerlines, which would make additional height above the existing streetlight pole infeasible from a separation standpoint. Furthermore, the existing streetlight is located such that accessibility is limited and a tricker pole could not be accommodated without further constraining the sidewalk. 15 17-68 AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission, July 9, 2020 Page 14 Alternative Site No. 3 is a wooden utility pole located approximately 78 feet west of the proposed streetlight (pictured right). This pole is located immediately adjacent to the front patio of an existing, single -story residence. Like Alternative Site No. 1, installation of small cell infrastructure at this location would require placement of a crossarm with exposed equipment on either side of the wooden pole and would not be as aesthetically compatible as the proposed location. Most importantly, the wooden utility pole is located within an approved underground assessment and utility district, which will aim to eventually eliminate such above -ground utilities in the area. - i f, Alt. Site No. 4 Alternative Site No. 4 at City Streetlight No. SLC0768 is located at the southwest corner of Balboa Boulevard and 30th Street approximately 100 feet from the proposed streetlight (pictured left). It is approximately 5 feet from the fence of the adjacent residence. Like Alternative Site No. 2, this alternative location is in very close proximity to overhead powerlines, which would make additional height above the existing streetlight pole infeasible. Accessibility is also limited here and a thicker pole cannot be accommodated without further constraining the sidewalk. Alternative Site No. 5 at City Streetlight No. SLC0766 is located at the alleyway between 301h Street and 29th Street, approximately 175 feet southeast of the proposed streetlight (pictured right). It is approximately 4 feet from an existing residential structure. Like Alternative Site No. 2 and Alternative Site No. 4, accessibility is limited at this location and a thicker pole cannot be accommodated without further constraining the sidewalk. 1 � 17-69 AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission, July 9, 2020 Page 15 Summary The appeal filed by Mr. Pollock focuses on potential underlying issues with the City Council -authorized MLA, the authorized representatives who may pursue the sites, and insurance requirements. Nothing in the appeal discusses specific issues with this proposed location of this project and its appropriateness. The streetlight serves as a part of the City's existing streetlight inventory. The replacement streetlight pole design is consistent with the size, shape, style, and design of that existing, including the attached light arm and luminaire. Maintaining the same luminaire height as the existing streetlight pole will help to ensure visual continuity on the streetscape corridor with respect to light standard design. The larger landscaped parkway with several palm trees serves to soften the facility's appearance and provides a mechanism of blending consistent with NBMC Chapters 20.49 and 21.49. The proposed location was ultimately found to best meet the Applicant's objectives and appears to be the best location among the alternative sites examined in staff's opinion. Staff believes sufficient facts exist in support of each finding required to grant the minor use permit and is recommending approval. Altarnn ivpq If the Planning Commission finds the facts do not support the findings required to grant approval of the Minor Use Permit application, the Planning Commission should adopt a resolution to deny the project, reversing the April 15, 2020, decision of the Zoning Administrator to approve the Minor Use Permit. The attached Resolution for Denial (Attachment No. PC 2) is provided to facilitate this action and would require additional information, facts, or findings that the Planning Commission may deem necessary or warranted. Should the Commission relieve an alternative site is more suitable for the proposed facility, then the Commission must deny the application without prejudice to allow the Applicant to pursue an identified alternative location. An alternative location cannot be approved at this meeting and a new application will need to be submitted in accordance with NBMC Section 20.54.080. Environmental Review This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15342 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 1 17-70 AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission, July 9, 2020 Page 16 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 exemption under Section 15300.2 do not apply. This project does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. Pi ihlir Nntira Notice of this hearing was published in the Daily Pilot, mailed to all owners of property and residential occupants within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways), Including the applicant and appellant, and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: W Vo r Pla r Deputy Community Development Director FIX IN ET41:ILTA 1212111 V PC 1 Draft Resolution for Approval PC 2 Draft Resolution for Denial PC 3 Appeal Form PC 4 Adopted Zoning Administrator Resolution No. ZA2020-030 PC 5 Minutes of Zoning Administrator Meeting of April 16, 2020 PC 6 Zoning Administrator Referral Memo PC 7 Applicant's Project Description and Justification PC 8 Alternative Locations Studied and Rejected PC 9 Photographic Simulations, Project Plans, and Coverage Maps Q 1 i +i� 17-71 Attachment No. PC 1 ❑raft Resolution for Approval i9 17-72 17-73 I.1*Yr311Ai[OIL'l.roll 9*T1T�1XFai1F*-] A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2020-052 AND UPHOLDING THE DECISION OF THE ZONING ADMINISTRATOR APPROVING MINOR USE PERMIT NO. UP2019-030 FOR A SMALL CELL FACILITY LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY ON CITY STREETLIGHT NUMBER SLC0796, AT THE NORTHWESTERN CORNER OF BALBOA BOULEVARD AND 30TH STREET (PA2019-111) THE PLANNING COMMISSION 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 SLC0796 ("SLC0796"), located within the public right-of-way, at the northwestern corner of Balboa Boulevard and 301" Street, requesting approval of a minor use permit. 2. The Applicant proposes the installation of a small cell wireless facility on a City -owned streetlight pole. Project implementation will be fully contained within the public right-of- way on Balboa Boulevard and includes the following: (1) removal and replacement of an existing City streetlight; (2) installation of a small cell wireless facility that consists of four remote radio units, a raycap disconnect, and an omni -directional antenna within a 12 -inch diameter equipment shroud, with the equipment being fixed to the top of the replaced streetlight pole for a maximum height of 34 feet, 9 inches, and (3) establishment of new below -grade support equipment adjacent to the streetlight. Also included is the review of a coastal development permit. (the "Project"). 3. Since the SLC0796 streetlight is located within the public right-of-way. The proposal is regulated by Council Policy L-23 (Siting of Wireless Telecommunications Equipment on City -Owned Property), as well as Chapter 20.49 (Wireless Telecommunication Facilities) of the Newport Beach Municipal Code ("NBMC"). 4. A public hearing was held on April 16, 2020, in the Community Room located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act"), Chapter 20.62 and Chapter 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this public hearing, 5. The Zoning Administrator adopted Resolution No. ZA2020-030 approving Minor Use Permit No. U P2019-030, 17-74 Planning Commission Resolution No. PC2020-018 Paae 2 of 16 6. On April 28, 2020, attorney Mark Pollock filed an appeal of the Zoning Administrator's decision primarily citing concerns with the City's Master License Agreement and the Applicant's authority to file for this application. 7. The Project was scheduled for a de nova public hearing by the Planning Commission for June 4, 2020 but was continued from that agenda to allow staff additional time to review the Project. of concern was whether the Project also required a coastal development permit. 8. The Project is located within the Coastal Zone. Subsection 21.49.020(6) (Permit and Agreement Required) of the NBMC requires a coastal development permit for a wireless telecommunication facility unless said facility is exempted by Subsection 21.49.020(C) (Exempt Facilities). In this case, the Project does not meet any of the prescribed exemptions; therefore, a coastal development permit is required. 9. Upon finding that a coastal development permit is required, the Zoning Administrator deferred action on Coastal Development Permit CD2020-052 and is referring it to the Planning Commission pursuant to Section 21.50.020 footnote (3) (Authority for Decisions) for consideration and final action along with Minor Use Permit No. UP2019- 030. The Project was noticed for the Planning Commission's review. A de nava telephonic public hearing was held by the Planning Commission on July 9, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. California, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose of this public meeting was given in accordance with the Ralph M. Brown Act, Chapter 20.62 and Chapter 21.62 of the NEMC. The Planning Commission considered evidence both written and oral 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, Division 6, 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 rep#aced. 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 Project includes the removal and replacement of an existing City streetlight pole to install a small telecommunications wireless facility, including below - grade accessory equipment. 17-75 Planning Commission Resolution No. PC2020--018 Paae 3 of 16 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. Mirror Use Permit In accordance with Subsection 20.52.020(F) (Conditional Use Permits and Minor Use Permits) of the NBMC, the following findings and facts in support of such findings are set forth: Fines: A. The use is consistent with the General Plat? and any applicable specific plan. Facts in Support of Finding: 1. SLC0796 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 fines, 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. The City of Newport Beach General Plan ("General P)an") 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 the small cell facility except for small identification, address, warning, and similar information plates. Signage required by State or Federal regulations shall be albwed 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 J 17-76 Planning Commission Resolution No. PC2020--018 Paae 4 of 16 supporting infrastructure and public services and sustain Newport Beach's natural setting." The Project 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 small cell facility is designed to adapt and accept future technologies, such as 5G, and will he#p meet local demand and sustain the livability of the area. 5. SLC0796 is not located within a specific plan area Finding'. B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1, See Fact in Support of Finding A,1. 2. Wireless telecommunication facilities are regulated by Chapter 20.49 (Wireless Telecommunication Facilities) of the NEMC. 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 pursuant to Section 20.49.060 (Permit Review Procedures) of the NBMC. In this case, the Zoning Administrator's approval was appealed; therefore, the Planning Commission is the review authority. 3. Section 20.49.040(A) (Preferred Locations) of the NBMC, 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. Section 20.49.050 (General Development and Design Standards) of the NBMC, requires projects to be visually compatible with surrounding structures, In reviewing this application, the review authority shall consider the proposed facility's use of color blending, equipment screening, and the limited size of the equipment designed consistently with the aforementioned criteria. All telecommunications equipment on top of the streetlight pole would be concealed within a painted -to -match 12 -inch diameter shroud. The Project would rely on likeness with the streetlight pole through style, color, and material to help disguise its presence. Engineering of the replacement streetlight pole accommodates and withstands the weight of the small cell equipment and has ability to display a future City banner, if needed. Electrical and wiring components of the telecommunications equipment are designed to be fully contained within the new streetlight pole. The overall height of 34 feet, 9 inches from finished grade to the top of 24- 17-77 Planning Commission Resolution No. PC2020--018 Paae 5 of 16 the proposed facility complies with the maximum allowed. Equipment not contained within the shroud on the streetlight pole would be out of sight, located below the ground in the adjacent ROW. Condition of Approval No. 32 requires approved design drawings from Southern California Edison ("SCE") of the power supply to the small cell facility before construction of the facility is to commence. 5. Existing residential properties contiguous to the Project are in the R-2 (Two -Unit Residential) Zoning District. R -2 -zoned sites allow for structures up to 24 feet for flat roof elements and 29 feet to the ridge of a sloped roof. The height of the existing streetlight SLC0796 sits just above the maximum allowable height for residential structures. The streetlight is separated from the residences by a large 20 -foot vegetated parkway that is landscaped with taller palm trees. Given this buffer between the streetlight and the residences, SLC0796 is softened and screened by the landscaping from the residential neighborhood beyond. Furthermore, keeping the luminaire the same height as the existing streetlight lessens visual obtrusion from the proposed small cell facility with the line of the existing development. 6. Submitted materials from the Applicant demonstrate the proposal would conform with Federal Communications Commission ("FCC") Rules and Regulations regarding safety and radio frequency emissions. 7. The Project will comply with applicable requirements of the NBMC with construction as shown on the plans and implementation of the conditions of approval, Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity Facts in Support of Finding 1. City of Newport Beach Streetlight No. SLC0796 is located within the public right-of-way on the northern side of Balboa Boulevard at the northwestern corner of the 3011 Street intersection. It is immediately adjacent to an unusually large vegetated parkway that is approximately 20 feet wide. Beyond the parkway to the northeast is a block of two -unit residential development. All surrounding land uses are residential and vary in density from two -unit residential to single -unit residential. The only exception is a CV (Commercial Visitor Serving) zoned parcel across 3011 Street from the site, which is presently developed with a laundromat (Beach Coin Laundry). 2. Under the new FCC Order, wireless providers are not required to demonstrate a significant coverage gap, a qualification previously required by local jurisdictions in order to support an application. Pursuant to the Order, the City cannot "materially [inhibit] the introduction of new services or the improvement of existing services." Moreover, pursuant to Section 332(c)(7)(B)(i)(II) of U.S. Code Title 47 (Telecommunications), the City may "not regulate the placement, construction or modification of wireless service facilities in a manner that prohibits the provision of personal wireless services." Although 17-78 Planning Commission Resolution No. PC2020--018 Pace 6 of 16 not required, the Applicant produced a coverage map for the Project. This map indicates the proposed facility would boost the supply of capacity and coverage in the vicinity. 3. SLC0796 serves as a part of the City's existing streetlight inventory. AT&T proposes to.. (1) remove and replace SLC0796 with a new streetlight in the same location; (2) maintain the existing luminaire height of 29 feet, 9 inches; (3) install telecommunications equipment for a small cell wireless facility on top of the new streetlight pole resulting in an overall height of 34 feet, 9 inches; and (4) establish new below -grade support equipment adjacent to the streetlight, within the public right-of-way. 4. The replacement streetlight pole design is consistent with the size, shape, style, and design of that existing, including the attached light arm and luminaire. For safety and circulation of the area during construction, Condition of Approval No. 40 requires traffic control plans illustrating compliance with the 2016 WATCHbook to be reviewed and approved by the Public Works Department prior to the issuance of any building permit. 5. The Project is anticipated to enhance coverage and capacity for residents, visitors and businesses in the neighborhood by providing wireless access to voice and data transmission services. The proposed telecom facility is not expected to result in any material changes to the character of the local community. 6. See Facts in Support of Finding B.4, B.5, and B.6. 7. The Project 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. Fes: 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 Project 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 circuiation 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. C 17-79 Planning Commission Resolution No. PC2020--018 Paae 7 of 16 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 Project 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 Project must and will comply with the applicable Federal and State rules, regulations and standards thus, ensuring public health and safety. 3. See Facts in Support of Finding B.4, 13.5, B.6, and B.7. 4. The Project 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 Subsection 20.49.060(H){1) (General Findings for Telecom Facilities) of the NEMC, the following additional findings and facts in support of such findings are set forth: Finding: F. The proposed telecom facility is visually compatible with the surrounding neighborhood. Facts in Support of Finding: 1. See Facts in Support of Finding B.4, B.5, and B.6. 2. The closest residentially zoned property is located approximately 20 feet northeast of SLC0796 and is buffered by a large 20 -foot -wide parkway area with vegetation of varying heights. SLC0796 is located along the inland side of a well -traveled street and will blend in with the surrounding streetscape, There are no public parks near the Project. The Project 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. 17-80 Planning Commission Resolution No. PC2020--018 Paae 8 of 16 Findinq: G. The proposed telecom facility complies with height, location and design standards, as provided for in this chapter. Facts in Support -of Finding: 1. The 34 -foot, 9 -inch tali small cell facility would comply with the maximum height limit of 35 feet for telecom facilities installed on streetlights within the public right-of-way. 2. See Facts in Support of Finding B in its entirety. 3. The application includes documentation indicating the need to provide and improve coverage to the residential areas within the City. Moreover, the additional system capacity provided by the Project 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. SLC0796 will help AT&T to meet its coverage objectives and improve coverage to nearby areas that are currently marginal. Finding: H. An alternative site(s) located further from a residential district, public park or public facility cannot feasibly fulfill the coverage needs fulfilled by the installation at the proposed site, Facts in Support of Finding: 1. See Fact in Support of Finding C.2. 2. Five nearby streetlights were identified and investigated by the Applicant as possible alternate locations for this small cell facility; however, all sites were found by the applicant to be not viable. 3. Alternative Site #1 is a wooden utility pole located approximately 100 feet north of the proposed streetlight. This pole is located immediately in front of a two -unit residernttal structure that is oriented towards Balboa Boulevard within a narrower parkway area. Installation of small cell infrastructure at this location would require placement of a crossarm with exposed equipment on either side of the wooden pole and would not be as aesthetically compatible as the proposed location. Most importantly, the wooden utility pole is located within an approved underground assessment and utility district, which will aim to eventually eliminate such above -ground utilities in the area. 4. Alternative Site #2 at City Streetlight No. SLC0767 located approximately 360 feet northwest of the proposed streetlight on the opposite side of Balboa Boulevard. This alternative location is in very close proximity to overhead powerlines, which would make additional height above the existing streetlight pole infeasible. Furthermore, the existing streetlight is located such that accessibility is limited and a girthier pole could not be accommodated without further constraining the sidewalk. Planning Commission Resolution No. PC2020--018 Paae 9 of 16 5. Alternative Site #3 is a wooden utility pole located approximately 78 feet west of the proposed streetlight. This pole is located immediately adjacent to the front patio of an existing, single -story residence. Like Alternative Site #1, installation of small cell infrastructure at this location would require placement of a crossarm with exposed equipment on either side of the wooden pole and would not be as aesthetically compatible as the proposed location. Most importantly, the wooden utility pole is located within an approved underground assessment and utility district, which will aim to eventually eliminate such above -ground utilities in the area. E. Alternative Site #4 at City Streetlight No_ SLC0768 is located at the southwest corner of Balboa Boulevard and 34th Street approximately 100 feet from the proposed streetlight. Like Alternative Site #2, this alternative location is in very close proximity to overhead powerlines, which would make additional height above the existing streetlight pole infeasible. Accessibility is also limited here and a girthier pole cannot be accommodated without further constraining the sidewalk. 7. Alternative Site #5 at City Streetlight No. SLC0766 is located at the alleyway between 30th Street and 29th Street, approximately 175 feet southeast of the proposed streetlight. Like Alternative Site #2 and Alternative Site ##4, accessibility is limited at this location and a girthier pole cannot be accommodated without further constraining the sidewalk. Finding: 1. An alternative plan that would result in a higher preference facility class category for the proposed facility is not available or reasonably feasible and desirable under the circumstances. Facts in Support of Finding: 1. See Fact in Support of Finding C.2. 2. AT&T's analysis concluded that a more preferred location as defined by Subsection 20.49.040(A) (Preferred Locations) of the NBMC, 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. The abutting properties are zoned for residential use and, as such, a building mounted "stealth" facility would not be possible. Coastal Development Permit In accordance with Subsection 21.52.015(F) (Coastal Development Permits, Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth - 9 17-82 Planning Commission Resolution No. PC2020-018 Paae 10 of 16 Finding: J. Conforms to ail applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The Project is considered a Class 3 (Public Right -of -Way) installation. Section 2'1.49.040 (Telecom Facility Preferences and Prohibited Locations) of the NBMC lists Class 3 Installations as third on the installation preference list. It is not proposed at a location that is prohibited by NBMC Subsection 21.49.040(B) (Prohibited Locations). 2. See Fact in Support of Finding 1.2. 3. The Project complies with Section 21.30. 100 (Scenic and Visual Quality Protection) of the NBMC. It is not on a coastal bluff or canyon, not adjacent to or within the viewshed of a public view point, coastal view road, public park or beach, or public accessway, as identified on the Coastal Land Use Plan Map 4-3 (Coastal Viewsy, 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 shielded antennas will extend above the pole by approximately 5 feet, 6 inches while the antenna shroud will be visible from the immediate vicinity. The Project has been designed to blend in within the existing streetscape. 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 handhoies. All transmission equipment, including remote radio units and the raycap disconnect switch. are fully concealed within a screening shroud. There will be no negative impacts on coastal views or coastal resources with the Project's implementation. 4. The proposed replacement streetlight and antenna structure will comply with the maximum allowable height limit of 35 feet from existing finished grade. Finding: K. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of wafer located within the coastal zone. Facts in Support of Finding: 1. SLC0796 is not located between the nearest public road and the sea or shoreline; therefore, the Project will not affect the public's ability to gain access to, use, and/or view the coast and nearby recreational facilities. Vertical access to the beach is provided by way of street -ends in the area, including 3011' Street. Lateral access along the beach provided on the beach itself and along the Oceanfront Boardwalk. The equipment will be below grade and will not impact any public way. 1 r; 17-83 Planning Commission Resolution No. PC2020--01 S Paae 11 of 16 2 The Project will allow the installation of a small cell facility that complies with all applicable Local Coastal Program (LCP) development standards and maintains development attributes consistent with the existing and anticipated future surrounding neighborhood pattern of development. Therefore, the Project does not have the potential to degrade public views within the Coastal Zone. 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, Division 6, 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 Planning Commission of the City of Newport Beach hereby approves Coastal Development Permit No. CD2020-052 and upholds the Zoning Administrator's decision approving Minor Use Permit No. UP2019-030, subject to the conditions set forth in "Exhibit A," which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Office of the City Clerk in accordance with Title 21 (Local Coastal Program Implementation Plan) of the NBMC. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21 .64.035 (Appeals to the Coastal Commission) of the NBMC, California Code of Regulations Title 14, Division 5.5, Chapter 5, Subchapter 2, Sections 13111 through 13120, and Section 30603 of the California Public Resources Code. PASSED, APPROVED, AND ADOPTED THIS 9T" DAY OF JULY, 2020, AYES: NOES: ABSTAIN: ABSENT: BY: Chairman BY: Secretary 1' 17-84 Planning Commission Resolution No. PC2020-018 Paae 12 of 16 EXHIBIT "A" CONDITIONS OF APPROVAL 190fir, MAS DIP= me, 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 ail federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this approval. 4. The Project approved by this permit shall comply with ail 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 fight 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 Project shall be installed underground. 8. All electricai and antenna wiring shall be fully encased within the reconstructed streetlight pole. 9. The Project approved by the use permit shall comply with any easements, covenants, conditions, or restrictions on the underlying City -trust property upon which the Project 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. The small cell facility and base streetlight pole approved by this permit shall not exceed a total of 34 feet, 9 Inches in height from existing grade (maximum elevation height of 43.57 feet above mean sea level using the North American Vertical Datum of 1988 [NAVD88]). 17-85 Planning Commission Resolution No. PC2020-018 Paae 13 of 16 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 Project 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 be#ow-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 Project shall transmit at the approved frequency ranges established by the ECC. 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 Project shall at no time interfere with the frequencies used by the City of Newport Beach for public safety. "Comprehensive advanced planning and frequency coordination" engineering measures shall prevent interference, especiaily 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. ("APCC"), and as endorsed by the FCC. 18. Should interference with the City's Public Safety radio equipment occur, use of the Project 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 paint of contact" for carriers in its Engineering and Maintenance Departments that is monitored 24 hours per day to ensure continuity on all interference issues, and to which interference problems may be reported. The name, telephone number, fax number, and email address of that person shall be provided to the Community Development Department and Newport Beach Police Department's Support Services Commander prior to activation of the facility. If the point of contact changes, the City shall be immediately alerted and updated. 20. No advertising signage or identifying logos shall be displayed on the Project 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. S-2 17-86 Planning Commission Resolution No. PC2020-01 S Pace 14 of 16 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 Project in good repair, such that it is always consistent with this approval. 24. The Applicant shall ensure that its Project complies with the most current regulatory, operations standards, and radio frequency emissions standards adopted by the ECC. 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 Project 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 Chapters 20.49 and 21.49, including the conditions of approval, based on changed circumstances. The operator shall notify the Planning Division of any proposal to change the height or size of the facility; increase the size, shape, or number of antennas; change the facility's color or materials or location on the site; or increase the signal output above the maximum permissible exposure ("MPE") limits imposed by the radio frequency emissions guidelines of the FCC. Any changed circumstance shall require the operator to apply for a review of the modification, and possible amendment to the use permit, prior to implementing any change. 29. Coastal Development Permit No. CD2020-052 and Minor Use Permit No. UP2019-030 shall expire unless exercised within 24 months from the date of approval as specified in 4 17-87 Planning Commission Resolution No. PC2020-018 Paae 15 of 16 Sections 20.54.060 and 21.54.460 (Time Limits and Extensions) of the NBMC, unless an extension is otherwise granted. 30. Construction activities shall comply with Section 10.28.040 of the NBMC, 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 approval may be modified or revoked by the Planning Commission if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 32. A copy of the Resolution, including conditions of approval Exhibit "A," and approved drawings from Southern California Edison (SCE) for the power supply and design, shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits, 33. The Applicant shall promptly notify the City if the landscaped parkway of the subject streetlight pole is negatively affected or otherwise damaged by project imp#ementation. 34, To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of AT&T Small Cell on SLC0796, including, but not limited to, Minor Use Permit No. UP2019-030 and Coastal Development Permit No. CD2020-052 (PA2019-111 ). This indemnification shall include, but not be limited to, damages awarded against the City. if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action. causes of action, suit or proceeding whether incurred by Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all of City's casts, 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 Deoartment 35. Prior to the issuance of a building permit, an encroachment permit shall be required, 36. Prior to the issuance of a building permit, traffic control plans illustrating compliance with the 2016 WATCHbook requirements shall be reviewed and approved by the Public Works Department before their implementation. Large construction vehicles shall not be permitted to travel narrow streets as determined by the Public Works Department. 17-88 Planning Commission Resolution No. PC2020-018 Paae 16 of 16 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. Additional Conditions of Approval 37. The Applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of native birds pursuant to MBTA: A. The Project 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 feft 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. �- C, 17-89 Attachment No. PC 2 Draft Resolution for Denial 1 --a •+ 17-90 F,12 17-91 IV*1931lAi[OIfl1roll 9*T13110ZE:1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DENYING COASTAL DEVELOPMENT PERMIT NO. CD2020-052 AND REVERSING THE DECISION OF THE ZONING ADMINISTRATOR DENYING MINOR USE PERMIT NO. UP2019-030 FOR A SMALL CELL FACILITY LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY ON CITY STREETLIGHT NUMBER SLC0796, AT THE NORTHWESTERN CORNER OF BALBOA BOULEVARD AND 30TH STREET (PA2019-111) THE PLANNING COMMISSION 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")r with respect to City of Newport Beach Streetlight Number SLC0796 ("SLC0796"), located within the public right-of-way, at the northwestern corner of Balboa Boulevard and 30t11 Street, requesting approval of a minor use permit. 2. The Applicant proposes the installation of a small cell wireless facility on a City -owned streettight pole. Project implementation will be fully contained within the public right-of- way on Balboa Boulevard and includes the following: (1) removal and replacement of an existing City streetlight; (2) installation of a small cell wireless facility that consists of four remote radio units, a raycap disconnect, and an omni-directionat antenna within a 12 -inch diameter equipment shroud, with the equipment being fixed to the top of the replaced streetlight pole for a maximum height of 34 feet, 9 inches, and (3) establishment of new below -grade support equipment adjacent to the streetlight. Also included is the review of a coastal development permit. (the "Project"). 3. Since the SLC0796 streetlight is located within the public right-of-way. The proposal is regulated by Council Policy L-23 (Siting of Wireless Telecommunications Equipment on City -Owned Property), as well as Chapter 20.49 (Wireless Telecommunication Facilities) of the Newport Beach Municipal Code ("N8MC"). 4. A public hearing was held on April 16, 2020, in the Community Room located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act"), Chapter 20.62 and Chapter 21.62 (Public Hearings) of the NEMC. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this public hearing, 5. The Zoning Administrator adopted Resolution No. ZA2020-030 approving Minor Use Permit No. U P2019-030, 9 17-92 Planning Commission Resolution No. PC2020-01 S Paae 2 of 3 6. On April 28, 2020, attorney Mark Pollock filed an appeal of the Zoning Administrator's decision primarily citing concerns with the City's Master License Agreement and the Applicant's authority to file for this application. 7. The Project was scheduled for a de nova public hearing by the Planning Commission for June 4, 2020 but was continued from that agenda to allow staff additional time to review the Project. Of concern was whether the Project also required a coastal development permit. 8. The Project is located within the Coastal Zone. Subsection 21.49.020(6) (Permit and Agreement Required) of the NBMC requires a coastal development permit for a wireless telecommunication facility unless said facility is exempted by Subsection 21.49.020(C) (Exempt Facilities). In this case, the Project does not meet any of the prescribed exemptions; therefore, a coastal development permit is required. 9. Upon finding that a coastal development permit is required, the Zoning Administrator deferred action on Coastal Development Permit CD2020-052 and is referring it to the Planning Commission pursuant to Section 21.50.020 footnote (3) (Authority for Decisions) for consideration and final action along with Minor Use Permit No. UP2019- 030. The Project was noticed for the Planning Commission's review. A de nava telephonic public hearing was held by the Planning Commission on July 9, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. California, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose of this public meeting was given in accordance with the Ralph M. Brown Act, Chapter 20.62 and Chapter 21.62 of the NEMC. The Planning Commission considered evidence both written and oral at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. Pursuant to Section 15270 of the California Environmental Quality Act ("CEQA") Guidefines, California Code of Regulations, Title 14, Division 6, Chapter 3, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. The Planning Commission may approve a use permit only after making each of the required findings set forth in Section 20.52.020 (Conditional Use Permit and Minor Use Permits), as well as those in Subsection 20.49.060(H)(1) of the NBMC and Subsection 21.52.015(F) (Coastal Development Permits, Findings and Decision) of the NBMC. In this case, the Planning Commission was unable to make the required findings based upon the following: 11 11 Il Il 11 40 17-93 Planning Commission Resolution No. PC2020-018 Paae 3 of 3 SECTION 4. DECISION, NOW, THEREFORE, BE IT RESOLVED: 1. Pursuant to Section 15270 of the California Environmental Quality Act ("CEQA ) Guidelines, California Code of Regulations, Title 14. Division 6, Chapter 3, projects which a public agency rejects or disapproves are not subject to CEQA review. 2. The Planning Commission of the City of Newport Beach hereby denies Coastal Development Permit No. CD2020-052 and reverses the Zoning Administrator's decision and denies Minor Use Permit No. UP2019-030. 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 City Clerk in accordance with the provisions of NBMC Title 20 Planning and Zoning and Title 21 Local Coastal Program Implementation Plan. PASSED, APPROVED, AND ADOPTED THIS 9T" DAY OF JULY, 2020. AYES: NOES, ABSTAIN: ABSENT: BY: Chairman BY: Secretary 17-94 .42 17-95 Attachment No. Pc 3 Appeal Farm /.4 3' 17-96 .4..4 17-97 nom. �P ! X Appeal Application City Clerk's Office 100 Civic Center Drive I P.O. Box 1768 Newport Beach, CA 92658-8915 949-644-3005 Clerk's Date & Time Stamp RECEIVED 2"Pr IPPR 28 AN 7: 06 Appeals are time sensitive and must be received by the City Clerk specified time perioq�cision or final action by a decision -maker. It is advisable to consult with the Department managin Altw4"ro & isiquestion with regards to appealing an action. This is an appeal of the: h%_ Ek• ❑ (CID D222)Community Development Director Action to the Planning Commission - $1, 692 (CDD222)Zoning Administrator Action to the Planning Commission - $1,692 ❑ (CDD222)Planning Commission Action to the City Council - $1,692 ❑ (CDD222)Hearing Officer Action to the City Council - $1,692 ❑ (CDD223)Building Official/Fire Marshaf Action to the Building/Fire Board of Appeals - $1,692 ❑ (CDD224)Chief of Police Action on an Operator License to the City Manager - $757 Cl (RSS073)City Manager Action on a Special Events Permit to the City Council - $1, 747 ❑ (HBR001)Harbormaster Action on a Lease/Pe rmit to the Harbor Commission - $100 ❑ (HBR001)Harbormaster Action to the Harbor Commission - Hourly Cost ❑ (HBR001)Harbor Commission Action to the City Council - Hourly Cost ❑ (PBW018)Public Works Director Action Harbor Development Permits to Harbor Commission - Hourly Cost ❑ (PBW018)Public Works Director Action on a Lease/Permit to the Harbor Commission - $100 ❑ Other - Specify decision -maker, appellate body, Municipal Code authority and fee: Appellant Information: Name(s): _MAR�`s,Por 1 dyGk Address: p City/StatelZip: A P* eyshl Phone: 701C'7_ILQ 99 Email: Mp.6110cka Appealing Application Regarding: Name of Applicant(s): A]p__t6 Gt'.] If 1��trQ�ec, UcDate of Final {decision: 0q/ 1 (. /Zb 2a Project No.: T+P bA 3, 5 fxa I t .r.I [ SZ G 014VO—Activity No-rA U ID •- o t — l Application Site Address: T r SL�a�9G Description of application: Pjep Irs n�►titrs Reason(s) for Appeal (attach a separate sheet if necessary); �..a ,�, � r��c�_��r'�a'� i�►rr � pew�e �ro�F� af'�r.�. T" � n�►"ra .ice -,sem a....� � �'►`t �e �,r�:r�� vh M-:' ` SAdcl"Z v;z0.49.o�a �1GN£ t13 E 5. Signature of Appellant: Date FOR OFFICE USE ONLY: Date Appeal filed and Administrative Fee received: J 1/0 �F,W FpRT City Clerk o� ee cc: Department Director, deputy Director, Staff. Fife rlUsarslUerkiSharedlFann 1Avol Application -� aled "'TY-98 f'TY98 MARK S. POUOCK C. EVANGE fNn JAMES &m,sc mpollock@pollockaiidjames.,uom E-m.w.: ejatnes@pollockend;ames.coln POLLOCK & JAMEs, LLP Arrns�y AT LAW EKvix.� ate, aL LAW May 26, 2020 Appellate Brief Planning Commission. City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92650 Re: Appeal of Minor Use Permit 4UP2019-030 Zoning Administrator Decision 18.27 Clay St., Ste. 300 Nares, CA 94559 Tom. (707) 2.57-3089 Fnx: (707) 257-3096 Our law firm represents a citizen of Newport Beach on who's behalf we are filing this Appeal. This is an appeal from the decision of the Zoning Administrator for the City of Newport Beach, on or about April 16, 2020, approving minor use permit 9 UP2019-030 for a small cell facility located within the public right of way, on City streetlight number SLC0796, at the northwestern comer of Balboa Blvd. and Vh Stmet (PA2019-111). Newport Beach Municipal Code section 24.49.480 requires a Telecom Company to enter into a Master License Agreement with the City prior to placement of technology hardware Unto City property. Only a. licensee under such agreement may be permitted, by the Zoning Administrator, to deploy the small cell technology. Title 20.49.480 states: Agreement for Use of City -Owned or City -Heid Trust Property. In applying for a permit pursuaixt to this chapter, all telecom facilities located on City -awned or City -hell trust property shall require a license agreement approved as to form by the City Attorney, and as to substance (including, but riot limited to, compensation, term, insurance requirements, bonding requirements, and hold harmless provisions) by the City Manager, consistent with provisions of the Municipal Code and any applicable provisions of the City Cotinell Policy Manual. Prior to City approval of a license agreement, the applicant shall obtain a M4..1-1', CUP. LTP or ZC. Upon the issuance of a MUP, CUP, LTP or 7.C, as required, and with an approved license agreement, the applicant shall obtain any and all necessary ministerial permits, including encroachment permits for work to be completed in the public right -of --way and building permits, etc. ,4.11 costs of said permits shall be at the sole and complete responsibility of the applicant. All worm shall be performed in accordance with the applicable City standards and requirements. (Ord. 2014-1 § 10 (part), 2014) 4 17-99 Plarining Commission City of Newport Beach May 26, 2020 Page 2 On or about February 12, 201}, New Cingular Wireless PCS, LLC a Delaware Limited Liability Company, entered into a Master License Agreement with the City of Newport Beach, pursuant to the above municipal code section. (Attached as Exhibit A is page 1 of that Agreement.) The Master Lease Agreement requires indemnity by the licensee of the City, and a General Liability policy of Insurance narning the City as an additional insured. Attached as Exhibit B is a copy of the Statement of Information filed by New Cingular Wireless PCS, LLC, with the California Secretary of State. Exhibit B at Item 5, shows "AT&T Mobility Corporation" as the manager of New Cingular Wireless PCS, LLC. AT&T Mobility Corporation is not the licensee under the Master License Agreement. AT&T Mobility Corporation is also not registered to do business in California. Exhibit C which is the Statement of Information from the. California Secretary of State for an entity registered as AT&T Mobility Wireless Operations Holdings, Inc. AT&T Mobility Wireless Operations Holdings Inc. may be registered to do business in California, but it is not the licensee under the Master License Agreemeut, icor is it the manager of New Cingular Wireless PCS, LLC, which is the licensee. The Certificate of Insurance List, attached hereto as Exhibit D, provided for New Cingular Wireless PCS, LLC shows the insured as "AT&T'. However, AT&T is not a registered entity in California nor is it the Licensee. New Cingular Wireless PCS, LLC is in material breach of the Master License Agreement for failure to show proof that it is insured. Furthermore, the Certificate of Insurance List which was provided does not show which AT&T entity even has insurance. The Zoning Administrator, at the April 16, 2020 hearing, issued a permit to New Cingular Wireless, LLC d.b.a. AT&T Mobility (Applicant). See Exhibit E. This permit was issued even though AT&Tis not a "dba". Further it was issued even though New Cingular Wireless PCS, LLC is in breach of the Master License Agreement by not having proof that it is insured, on file with the City. The City has no legal authority to issue a permit to AT&T Mobility, since it is not a licensee, nor is it a legal entity doing business in California as AT&.T' Mobility. The permit issued by the Zoning Administrator at the April 15, 2020 hearing was issued to a non- existent eritity, without a Master License Agreement, and without liability insurance. THE POLICY OF INSURANCE DOES NOT AFFORD FULL COVERAGE The permit issued by the Zoning Administrator is to deploy and place an antenna and supporting 17-100 Planning Commission City of Newport Reach May 26, 2020 Page 3 equipment which will emanate electromagnetic radiation, This carries with it the risk of negligent or unintentional excecdcnce of Federally mandated maximum levels. This risk must be insured against. By reference to the Certificate of Insurance List, Exhibit D on page 2 under Additional Coverages section V, Pollution Liability is marked "N/A". This means the insurance policy does not carry any poilririon insurance. Electro Magnetic Fields (EMF) are listed as a pollutant under the insurance company pollution exclusion of coverage. That means this policy will not cover EMF/RF generated illnesses. Below is exclusion language from General Liability Policies of Zurich, Sun, Hartford and CFC Underwriting for Lloyds. Updated Zurich Community Care Liability insurance "We will not pay anything wider this policy, including claim expenses, in respect of Electromagnetic fields any liability of whatsoever nature directly or indirectly caused by, in connection with or contributed to by or arising froin electromagnetic fields (EMF) or electromagnetic interference (EMI)" SUN General Insurance "This policy does not cover any liability, loss, cost or expense directly or indirectly arising oW of, resulting from, caused or contributed to by exposure to magnetic electric or electromagnetic fields ❑r radiation however caused or generated." The Hartford, "EXCLUSION — ELECTROMAGNETIC HAZARD' "The fallowing exclusion is added: This insurance does not apply to: Electromagnetic Hazard...." CFC Underwriting LTD in London, the UK agent for Lloyds "The Electromagnetic Fields Exclusion (Exclusion 32) is a General Insurance Exclusion and is applied across the market as standard. The purpose of the exclusion is to exclude illnesses caused by con inuous exposure to non -ionizing radiation exposure..." The Certificate of Insurance List, Exhibit D, for AT&T shows "NIA" for Pollution Liability under paragraph V. In fact, EMFs are classified as "pollutants" alongside smoke, chemicals, and asbestos. If a company wants insurance for EMF exposure it must purchase additional Pollution Liability Coverage. Proof of such coverage has not been provided to the City by New Cingular Wireless PCS, LLC, the Licensee. There is, in the public record, no proof of financial responsibility or accounting to establish adequate liquidity of the licensee for the indernnifi cation provisions of paragraph 28 of the Master License Agr"meat. 17-101 Planning Commission City ofNewpart Beach May 26, 2020 Page 4 REMEDIES Thr, Commission shoWd grant the appeal and revoke the permit issued by the Zoning Administrator until: a) Licensee provides Proof of Insurance with the Licensee as a named Insured; bj Licensee provides proof of Pollution Liability Coverage for ENI;F' gelated exposures and illnesses; and c) Licensee provides audited financials for purposes of indemnification. Once the above compliance is established, and all three criterion have been provided, then, the permit may re -issue, but only in the name of the licensee or in the name of some other entity registered to do business in California which also has signed a Master License Agreement required by Title 3 section 2.49.084 of the Newport Beach Municipal Code. Respectfully submitted, PQLL0C S P - Mark c attachments -4 17-102 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 �.1 This MASTER LICENSE AGREEMENT ('Master License') is entered into between the City of Newport Bee 0, a California municipal corporation and charter city ("City" , and Now Gingular Wireless PCS, LLt, a Delaware limited liability company ('Uc;664ee") on this 'i2u'day of February, 20119 ("Effective Date"}. Gity and Licensee are each a "Party" and together the "Parties" to this Master License. RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the City Charter; B. City is the fee title owner of certain Streetlight(s) located within the Public Right -of - Way in the City of Newport. Beach, California; C. Licensee desires to license from City, on a non-exclusive basis, the right to attach, install, operate, maintain, and remove certain Telecommunication Facftes on certain City -owned Streetlights located within certain areas of the Public Right-cf- Way (collectively, the "License Area"); O. The Parties anticipate amending this Master License from tirne-to-time by attaching and incorporating herein the specific License Area(s) to this Master License to include additional City -owned Streetlights to alloy for the attachment, installation, operation, maintenance, and removal of additional Telecommunication >rvacilibes as permits are obtained from the Gity; E. Pursuant to the Newport Beach Municipal Code ("NBMC") and City Council Policy L-23, City sought the assistance of an appraiser to determine the maximum or fair market value rent for the License Area; and F. City is willing to make the License Area available to Licensee, subject to the covenants and conditions set forth in this Master License on a non-exclusive basis, to facilitate the efficient and orderly deployment of communications facilities in the City of Newport Beach. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS_ 1. DEFINITIONS 1.1 °Amendment means that document prepared by City in substantially the form attached hereto as Exhibit "A" itemizing the City -owned Streetlight(s) and deschbtng and depicting the License Areas) on which Licensee is authorized to install a Telecommunica#ion Fac'stity. New Cingular Wireless PCS, LLC,r -f i A 0 Page I 'EXHIBIT -,. 17-103 ar, Secretary of State Statement of Information (Limited Liability Company) IMPORTANT — Read instructions before comtsleting this form, Filing Fee – $20.00 Copy Fees – First page $1,00; each attachment page $[3,50; CertifieaVon Fee - $5.00 plus oopy fees LLC -12 I 19-D29697 FILED 1n the office of the Secretary of State of the State of California AUG 29, 201 9 This Space For Office Use Only 1. Llmfted Lla16111ty Company ;fame (Enter the axact +tame of the LLC_ tf yov regls to red in Callfom% camp an aftemate name. see in 9 trucli on$.] NEW CINGULAR WIRELESS PCS, LLC 2, 12-Rfglt Secretary of State File Number 3. State, Foreign Country or Placa of Organization (only ifformad outside orCaocnnfa) - 18993D110028 I DELAWARE 4. Business Addresses a. Street Address of Principal Office - Dk3 not Vat a P.O. Box 1025 Lenox Park Blvd NE City (nn abbrevlakons) Atlanta state I GA Zip Gude 30319 b, t+iailin(r Address of LLG, IF different than ft m 4e City trio abbrevialiona) Slate 4 Goren 675 W. Peachtree St., N.W- Suite 2756 Atlanta GA 30308 c, Stoat Address of Cattfornta arfrca, it Item da is not In Gairfe," - Do rwt test a P.D. Sax City [no abiaeviatiorrcy state �p code CA IT nil, managara stave oaan a ulnad or elected, pmAtta trte flame and address of eeGh membaf. At feast one name 1Fi 5d address 5. 14tarfager�si or Ii4ernber{sj must be Fisted, 1R ftmanager mbar is an IndlOdual, cemplela hems 6e and So (leave Rem 6b blank), it the trtanagr rknernhar is an amity, complete Aems 5b and 5c (leave Item 5e blank). Now Tice t-i.G carnal to" as ft own manager or member, If the LLC has addlteanal managerahnatmbers, enter the names}and addrn,ge on Form LLC -126, (see inskuclions). a. First Natrtn, an kMivldue! -DO not Gaarplete aero 5tr -7 kilddte Name r Last Name EvfRix b. Entity NaTrw - Cu not ce mp;etc item 5a AT&T Mobility Corporation w Add"S city (no abbrvvWIun3) State IIp Code 1425 Lenox Park Blvd NE Atlanta GA 30379 ti, zserYtce of rro"as (Wst provldo o€cher tndfvidvul OR Co�oraSicrn.} 114DFVIDUAL —Camplate lisrns 6a and $b only. Must InoUd0 agent's full name and CaUfrxnia et rent address, a. Callforrus Agents FIrat Name (if eganf it not o corporation) die Name Last Name suffix b. Street Address (if ageni Is not a mrporetion) . Do not enter a P.O, Sox Pity (nc abbrcvladons] Stats I CA I 71p Godo GDRPORATVN — Gompiets Item ", Only . Only Include the name of the registered agent Gorporakn. r- CaWPWNa Rro[store 6 Corporate Agent's Namr (Ir agent is a rarpor4Uan) —Go not tomplete Item 6a w fib C T CORPORATION SYSTEM (GO 168406) r. Type aft tsuslness a. M -scribe Itte type of business or services of ttw Limited ►.iWilily Company Provide wireless services and products. 8. Chief Executsrre Officer, it elected or apnolnted a. Rng Narna h1!ddla Name Laps Nsme Suffix b. Address City (m mbhrevfa'Jora) Statg zip Cade 9. The Information rontainad herein, Including any attachments, is true and correct. 0812912019 Kelly Lettmann Power of Attorney Data TyGe or pnrtt Name of Person Com P;a.Inq the Fertrt Titre Signatwo Return Address (Optional) [For cornmuniraftrr From the secretary or state related to this document, or if purchasing a copy of the filed documerg entw Ifre name or a parson or company and fire mailing address. This inform Won will become public whorl filed. SEE INSTRUCTI DNS BEFORE CIOMPLETIFJG.] Nafne: r� =�CCI� 4 B I�' i Company: > - Address: cltylslatelzip: LLC -12 (R --V 41r2017) Paige 1 of 1 2417 GaIilomla Secretary of Slats w+rm.stis,ca.govlal>� n6551tY@ i 17-104 L State of California Secretary of State Statement of Information (Foreign Corporation) FEES (Filing and Disclosure): $25.00t If this is an amendment, see instructions. IMPORTANT — RF -AD INSTRUCTIONS BEFORE COMPLETING THIS FORM 1- CORPCRATE NAIVE AT&T MOBILITY WIRELESS OPERATIONS HOLDINGS INC. - CAUFORNIA CORPORATE NUMBER 03344414 F G773979 FILED In the office of the Secretary of State of the State of California TWS Space tar F-illog lira OWY No Change Statement (Not app€leable if agent address of record is 0 P.O, Box address. See instructions.) 3. If there have been any Changes to the information contained in the last Statement of Information filed with the California Secretary of State, or no statement of informations has been previously cited, this form must be completed In Its antirety. If there has been no change In any of the Information contained in tree last Statement of Information filed with the Ca'.ifornls Secretary of State, check the box and proceed to !tern 13. Complete Addresses for the Follow ilTig {Do not abbreviate the name of the city. items 4 and 5 cannot be P O- Bakes,) 4. STREET ADDRESS OF PRINCIPAL EXECUTIVE OFFICE CITY STATE .ZIP CODE 1025 LENOX PARK BLVD NE, ATLANTA, GA 30319 5. STREET ADDRE55 OF PRINCIPAL BUSINESS O3:FICE IN MIF ORNIA. IF ANY CITY STATE IEP CODE & MAILING ADDRESS OF THE CORPORATION, IF DIFFERENT THAN ITEM 4 CITY 575 W. PEACHTREE ST., N.W. SUITE 2756, ATLANTA, GA 30319 STATE ZIP CODE Names and Comptate Addresses of the Following Offerers (The corporation must list these d res officers. A comparable title fnr tho spe-Oc officer may he added; however, the pteprinted titles on this forme roust not be altered.) T. CHIEF EXECUTIVE OFFICER/ ADDRESS CITY STATE Zip CODE JAMES LACY 1025 LENOX PARK BLVD NE, ATLANTA, GA 30318 3. SECRETARY ADDRESS Cl TY v STATE IIP CODE JACKIE A. BEGUE 1425 LENOX PARI{ BLVD NET ATLANTA, GA 30319 7. CHIEF FINANCIAL OFF10EN A 1)[10S CITY STATE ZIP CODE CHAD WALKER 1025 LENOX PARK BLVD NE, ATLANTA, GA 30319 Agent for Service of Process If the agent is an Indfvidual, the agenl must reside in Calltomia and Item 11 must be completed with a Califomia sireal address, a P.O. Box address is not acceptable. If the agent is another co poratlan, the agent must have on file with the Ca4amia Secretary of State a cerilfioate pursuant to California Corporations Gods sectlan 1505 and iteln 19 must be left Flank. 10. NAME OF AGENT FOR SERVICE OF PROCESS C T CORPORATION SYSTEM 11, STREET AS3MESS Or AGEYiFOR SERVICE OF PROCESS IN CALIFORNLA, IF AN INDIVIDUAL CITY STATE ZIPCODE Type of Business 12, DESCRIBE THE TYPE* OF BUSINESS OF THE CORPORATION — 7ELECOMMUNICATIONS 13. THE INFORMATION CONTAINED HEREIN IS TRUF AND CORRECT. 07105=19 KELLY LETTMANN POWER OF ATTORNEY DATE TYPEPIRINT I4AfafE OF PE=RSON COMPLETING FORM TITLE GIGNATURE 31-350 (REV ❑ICZ013) APPROVED BY SECRETARY OFSTATE E '` L '' 15-2 17-105 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newp*d Beach.'` Hate Received: 7.115!19 Dept-lConUict Recelved From: _ sunny _ Date ComOeted: 3111119 Sent to: ry � Sunny By Jan Companyll'erson required to have certikatw - - AT&T -- Type of contract: Other t. GENERAL LMILITY EFFECTIVVEXPIRATION DATE; 6/1118 - 6/1119 A. INSURANCES COMPANY: Ofd Republic Jnnueace Cote R. AM BEST RATING (A-: Vii or greater): A} I X11 - C. ADMITTED Company (Must be Cegomia Admted): is Company edmitted In Ceftrn15? CKYes ❑ No 0. LIMITS (Must to $1M or greater): What is ilrnit provided? stmislalvl E_ ADOMONAL INSURER ENDORSEMENT - please attnh (9 Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is llmlts {provided?) Include). Is it included? (completed Operations status does F. ADDITIONAL INSURED WORDING: not apply to Waste Haulers or Recreation) ® Yes ❑ No G_ ADDITIONAL INSURED FOR PRODUCT$ AND H. HIRED AND NONE OWNED AUTO ONLY: COMPLETED OPERATIONS ENDORSEMENT (cornpleted I. NOTICE OF GANCELJATiON: Operatsons status does not apply to Waste Haulers) Yes ❑ No H. ADDITIONAL INSURED WOROING TO INCLUDE (The Gfty its officers, officials, employees and votunteers): Is It included? ® Yes ❑ No I, PRIMARY A HON-CONIMB !TORY VVORl7ING (Must he tncfudedj: Is it included? ®Yes ❑ No J. CAUTION! (Confirm that toss or IrWft of the named insured Is not limited soieiy by the' negligence) Dons endomsemerd Include 'solely by negligence' warding? ❑ Yes ® No * ELECTED SCMAF COVERAGE (RECREATION ONLY): ®NIA ❑ Yes ❑ No L NOTICE OF CANCELLATION: ❑ NIA ®Yes ❑ No H. AUTOMOBILE LIABILITY EFFECTIVEfEXP#RATION DATE: 514118 -- B1Z119 A. INSURANCE COMPANY: Old RwbliF I_ns_urarce_Comparty_ - - B. AM BLAST BATING (A-: VII or greater) A+ 1 }Cit - C. AE)M11,TED COMPANY (Most be California Admitted); Is Company admltted In California? IR Yes D No D. LIMITt3 - If Employees (Must be'$1 M min. fit & PD and $500,gpe - UM, $2M miry for Waate Haufers): What 1s Hmtts provided? S1,000,0DO E LIMITS Waver of Auto Ineura3nce I Proof of coverage (if Individual) !' (What is llmlts {provided?) NIA F. ADDITIONAL INSURED WORDING: Q NIA ® Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING; ❑ NIA ® Yes ❑ No H. HIRED AND NONE OWNED AUTO ONLY: ❑ NIA ❑ Yes ❑ No I. NOTICE OF GANCELJATiON: Q NIA ® Yes ❑ No FI E-EXHIBI 'I" 17-106 W. WORKERS' COMPENSATION I FFECTNVEfEXPIRATION [SATE: 8!1/18-8/1119 A- INSt)RANCE COMPANY: Old iLepubiteinssmmCogMX ^TM B. AM BEST RATING tA- : Vil or greater): A+/X11 C. ADMITTED Company (Must be Cafit rata Admitted): ._ Eyes ❑ Na D. WORKERS' COMPENSATION LIMIT: Statutory ®Yes ❑ No E. EMPLOYERS' UA SIUTY LIMIT (Must be 31M or greater) $1,000,000 F. WAIVER OF SUBROGATION (To include): is i# included? ® Yoe ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM- ®NIA Yes ❑ No H. No-ncE. OF CANCELLATION-. ❑ NIA Yes ❑ No A00171`10NAL COVERAGE'S TFIAT MAYBE REQUIRED W. PROFESSIONAL LIABILITY ®NIA ❑ Yes ❑ trio V POLLl1TiON LIABILITY ®WA []Yes M No V1 BUILDERS RISK OR INSTALLATION FLOATER— 212J19-3110 SELF INSURED ❑ NIA ® Yes [] No fi&V§ ALL ABOVE 8 8 EIS MLU Yes [3 No IF #to. MgH ITEMS HEED TO BE CgWL91922 Agent of Atiiant Insurance Servims Braker of record for the City of tdewport Beactt 3!111'1 D EIS MANAGEUMT APPROVAL, IREQ_(Non-admWed cerrter rated less than Self ins -tired Retention or Deductible greatef than $ ) (2 N/A ❑ Yes ❑Ido Reason for, Risk Managernerit appfuvatO mCeptionfwalver. RlskMarwo(awme nI approvV ieg5tlf ffX Self Insurangg by vendor for Corrstrunt on-irLErooess expOet3re_ 3,7/19 RM approved so# insurance on u;Ker,s Risk1ConstrugUgD in PTS? qss yxr ure. - Approved: 'Rask Management Doe * Subject to the terns of the contract. 17-107 RESOLUTION NO, ZA2020.030 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING [MINOR USE PERMIT NO. UP'2019-030 FOR A SMALL CELL FACILITY LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY ON CITY STREETLIGHT NUMBER SLC0796, AT THE NORTHWESTERN CORNER OF BALBOA BOULEVARD AND 30TH STREET (PA2019-111) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. Art application was filed by New Gin gular Wireless, LLC d.b.a. AT&T Mobility (Applicant), with respect to City of Newport Beach Streetlight Number SLC0796, located within the public right -of --way, at the northwestern corner of Balboa Boulevard and 301h Street, requesting approval of a minor use permit. 2. The Applicant proposes the installation of a small cell wireless facility on a City -owned streetlight pole. Project implementation will be fully contained within the public right-of- way on Balboa Boulevard and includes the following; (1) Removal and replacement of an existing City streetlight; (2) Installation of a small cell wireless facility that consists of four remote radio units, a raycap disconnect, and an omni -directional antenna within a 12 -inch diameter equipment shroud. This equipment would be fixed to the top of the replaced streetlight pole for a maximum height of 34 feet, 9 inches, and (3) Establishment of new below -grade support equipment adjacent to the streetlight. 3. The streetlight is located within the public right-of-way. The proposal is regulated by Council Policy L-23 (Siting of Wireless Telecommunications Equipment on City -Owned Property), as well as Newport Beach Municipal Code (NBMG) Chapter 20.49 (Wireless Telecommunication Facilities). 4. The project site Is located within the coastal zone. It is not located between the first public roadway paralleling the sea and the sea_ The removal and installation of an existing streetlight pole is exempt from the requirements of a coastal development permit pursuant to Section 21 50-035(C)(4) (Repair and Maintenance) of the NBMG. 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 NBMG- It is not on a coastaf bluff or canyon, not adjacent to or within the viewshed of a public view point, coastal view road, public park or beach, or public accessway, as identified on the Coastal Land Use Plan Map 4- 3 (Coastal Views), and does not contain significant natural €andforms or vegetation. The project scope involves the removal and replacement of an existing City streetlight In the same location with the same luminaire height. The project has been designed to blend in within the existing streeiscape. The replacement streetlight is consistent with the size, ti :..r' r�131T 55 17-108 Zoning Administrator Resolution No. ZA2020-030 Parte 2 of 15 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 transrnissiora equipment, including remote radio units and the raycap disconnect switch, are fully concealed within a screening shroud. The installation of a small cell wireless facility will not have a negative impact on coastal views or coastal resources; therefore, a coastal development permit is not required. 5. A public hearing was held on April 16, 2020, in the Community Room at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project is exempt from the Califomia 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 Cade 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 neve 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 pale 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 resources. SECTION 3. REQUIRED FINDINGS. Minor Use Permit In accordance with NSMC 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: 01.25.19 � C- 17-109 Zoning Administrator Resolution No. ZA2020-030 page 3 of 15 Finding; A. The use is consistent with the General Plan and any applicable speck pian. Facts in Su ort of Findirr : 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 colonization (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, warring, 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 pian area 01-25-19 Zoning Administrator Resolution No. ZA2020-030 Pace 4 of 15 Finding B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code arra' the Municipal Code. Facts in Support of Finding: 1. See Fact in Support of Finding A.1. 2. Wireless telecommunication facilities are regulated by NBMC Chapter 20.49 (Wireless Telecommunication Facilities). To site small cell equipment in the ROW assigns the project a Class 3 specification (Public Right -of -Way Installations) and requires the Applicant to obtain a minor use permit from the Zoning Administrator (NBMC Section 20.49.060 (Permit Review Procedures]), 3. NBMC Subsection 20.49.040(A) (Preferred Locations) prioritizes telecom facilities from most preferred (1) to least preferred (4) as follows: (1) collocation of a new facility at an existing facility, (2) Class 1 Stealth/Screened); (3) Class 2 (Visible Antennas), Class 3 (Public Right -of -Way); and (4) Class 4 (Freestanding Structure). Although lower on the listing of priority facilities, the proposed facility consists of one (1) small cell facility that is designed to not visually dominate the surrounding area and instead to blend into the existing black. 4. NBMC Section 20.49.450 (General Development and Design Standards) requires projects to be visually compatible with surrounding structures. In reviewing this application, the Zoning Administrator shall consider the proposed facility's use of color blending, equipment screening, and the limited size of the equipment designed consistently w€th 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 cel[ facility would rely on likeness with the streetlight pole through style, color, and material to help disguise its presents. Engineering of the replacement streetlight pole accommodates and withstands the weight of the small cell ec}uiprnent and has ability to display a future City banner, if needed. Electrica€ and wiring components of the telecommunications equipment are designed to be fully contained within the new streetlight pole. The overall height of 34 feet, 9 inches from finished grade to the top of the proposed facility complies with the maximum allowed. Equipment not contained within the shroud on the streetlight pole would be out of sight, located below the ground in the adjacent ROW. Condition of Approval No, 32 requires approved design drawings from Southern California Edison (SCE) of the power supply to the small call facility before construction of the facility is to commence. 5. Existing residential properties contiguous to the site are in the R-2 (Two -Unit Residential) Zoning District, R -2 -zoned sites al€owfor structures up to 24 feetfor flat roof elements and 29 feet to the ridge of a sloped roof. The height of the existing streetlight SLC0796 sits just above the maximum allowable height for residential structures. The streetlight is separated from the residences by a large 20 -foot vegetated parkway that is landscaped with taller palm trees. Given this buffer between the streetlight and the 05 -F5 -T8 �4, 17-111 Zoning Administrator Resolution No. ZA2020-030 Paae 5 of 15 residences, the streetlight is softened and screened by the landscaping from the residential neighborhood beyond. Furthermore, keeping the luminaire the same height as the existing streetlight lessens visual obtrusion from the proposed small cell facility with the line of the existing development. 6. Submitted materials from the Applicant demonstrate the proposal would conform with Federal Communications Commission (FCC) Rules and Regulations regarding safety and radio frequency emissions. 7. The proposed telecom facility will comply with app#lcable requirements of the NRMC 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: City of Newport Beach Streetlight No. SLC0796 is located within the public right-of-way on the northern side of Balboa Boulevard at the northwestem comer of the 30th Street intersection. It is immediately adjacent to an unusually large vegetated parkway that is approximately 20 feet wide. Beyond the parkway to the northeast is a black of two -unit residential development (Attachment No. ZA 2). All surrounding land uses are residential and vary in density from two -unit residential to single -unit residential. The only exception is a Commercial Visitor Serving (CV) zoned parcel across 30th Street from the site, which is presently developed with a laundromet (Beach Coin Laundry). 2. Under the new FCC Order, wireless providers are not required to demonstrate a significant coverage gap, a qualification previously required by local jurisdictions in order to support an application. Pursuant to the Order, the City cannot "materially [inhibit] the introduction of new services or the improvement of existing services." Moreover, pursuant to Section 332(c)(7)(B)(i)f ll) of U.S. Code Title 47 (Teleuommunicabons), the City may "not regulate the placement, construction or modification of wireless service facilities in a manner that prohibits the provision of personal wireless services." Although not required, the Applicant produced a coverage map for the project. This map indicates the proposed facility would boost the supply of capacity and coverage in the vicinity. 3. SLCO796 serves as a part of the City's existing streetlight inventory. AT&T proposes to: (1) remove and replace SLC0796 with a new streetlight in the same location; (2) maintain the existing luminaire height of 29 feet, 9 inches; (3) install telecommunications equipment for a small cell wireless facility on top of the new streetlight pole resu#ting in an overall height of 34 feet, 9 inches; and (4) establish new below -grade support equipment adjacent to the streetlight, within the public right-of-way. 01-25-19 �n 17-112 Zoning Administrator Resolution No. ZA202D-030 Page 6 of 15 4. The replacement streetlight pole design is consistent with the size, shape, style, and design of that existing, including the attached fight arm and luminaire. For safety and circulation of the area during construction, Condition of Approval No. 40 requires traffic control plans illustrating compliance with the 2016 watchbook to be reviewed and approved by the Public Works department prior to the issuance of any building permit. 5. The proposed telecorn facility is anticipated to enhance coverage and capacity for residents, visitors and businesses in the neighborhood by providing wireless access to voice and data transmission services- The proposed telecom facility is not expected to result in any material changes to the character of the local community. 6. See Facts in Support of Finding B.4, B.5, and 8.6. 7. The proposed facility will be unmanned, will have no impact on the circulation system, and, as conditioned, will not generate noise, odor, smoke, or any other adverse impacts to adjacent land uses. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and pudic services and utilities. Facts in Sumaq of Finding Adequate public and emergency vehicle access, public services, and utilities are provided to and around the subject site and the proposed use will not change this. 2. The proposed 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 proposai and do not have any concerns regarding access, public services, or utilities provided to the existing neighborhood and surrounding area. Fjndfrr E. Operation of the use at the location proposed woold not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or ofherwise 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 Supgort of Finding: 07.25 -19 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 - 00 17-113 Zoning Administrator Resolution Nc, ZA.202M30 Page 7 of 15 2, The proposed facility must and will comply with the applicable Federal and State rules, regulations and standards thus, ensuring public health and Safety, 3. See Facts in Support of Finding B,4, B,5, 8.6, B.7, and 8.8, 4. The proposed telecom facility will be effectively blended based upon the design and location with die 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 NEMC 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 Sumort_of Finding: 1, See Facts in Support of Finding B.4, 13.5, and B.6. 2, The closest residentially zoned property is located approximately 20 feet northeast of the project site and is buffered by a large 20 -foot -wide parkway area with vegetation of varying heights. The proposed streetlight is located along the inland side of a well - traveled street and will blead in with the surrounding streetscape. There are no public parks near the proposed project. The proposed facility and below -grade accessary, 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, fccatlon and design standards, as provided for in this chapter. Facts in_Supwrt of Finding 1 _ The 34 -foot, 9 -inch tali small cell facility would comply with the maximum height limit of 35 feet for telecom facilities installed on streetlights within the public right-of-way. 2. See Facts in Support of Finding B in its entirety, 3. The application includes documentation indicating the need to provide and improve coverage to the residential areas within the City of Newport Beach, Moreover, the 01.25.19 17-114 Zoning Administrator Resolution No. ZA2020-030 Page 8 of 15 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 fulfil1 the coverage reeds fulfilled by the instaliafion at the proposed site, Facts in Support of Finding: 1. See Fact in Support of Finding C.2. 2. Five nearby streetlights were identified and investigated by the Applicant as poss6ie alternate locations for this small cell facility; however, all sites were Found by the applicant to be not viable (see Attachment No. ZA 3). 3. Alternative Site #1 is a wooden utility pole located approximately 100 feet north of the proposed streetlight. This pole is located immediately in front of a two -unit residential structure that is oriented towards Balboa Boulevard within a narrower parkway area. lnstallation of small cell infrastructure at this location would require placement of a crossarm with exposed equipment on alther side of the wooden pole and would not be as aesthetically compatible as the proposed location. Most importantly, the wooden utility pole is located within an approved underground assessment and utility district, which will aim to eventually eliminate such above --ground ut#lities in the area. 4. Alternative Site #2 at City Streetlight No. SLC0767 located approximately 160 feet northwest of the proposed streetlight on the opposite sine of Balboa Boulevard. This alternative location is in very close proximity to overhead powerilnes, which would make additional height above the existing streetlight pole infeasible. Furthermore, the existing streetlight is located such that accessibility is limited and a girthier pole could not be accommodated without further constraining the sidewalk. 5. Alternative Site #3 is a wooden utility pole located approximately 78 feet west of the proposed streetlight. This pole is located immediately adjacent to the front patio of an existing, single -story residence, Like Alternative Site #1, installation of small cell infrastructure at this location would require placement of a crossarm with exposed equipment on either side of the wooden pole and would not be as aesthetically compatible as the proposed location. Most importantly, the wooden utility pole is located within an approved underground assessment and utiltty district, which will aim to eventually eliminate such above -ground utilities in the area. 6. Aiternat've Site #4 at City Streetlight No. SLC0768 Is located at the southwest corner of Balboa Boulevard and 30th Street approximately 100 feet from the proposed streetlight. Like Alternative Site #2, this alternative location is in very close proximity to overhead powertines, which would make additional height above the existing streetlight pale 01.2&_112 17-115 Zoning Administrator Resolution No. 7-A2420-934 Pave 9 of 15 infeasible. Accessibility is also limited here and a girthier pole cannot be accommodated without further constraining the sidewalk. 7. Alternative Site #5 at City Streetlight No. SLC0766 is located at the alleyway between 30th Street and 29th Street, approximately 175 feet southeast of the proposed streetlight. Like Alternative Site #2 and Alternative Site #4, accessibility is limited at this location and a girthier pole cannot be accommodated without further constraining the sidewalk. Finding: I. An alternative plan that would result in a higher preference facility class categoryfar the proposed facility is not available or reasonably feasible and desirable under the circumstances, Facts in Support of Finding_: See Fact in Support of Finding C.2. 2. AT&T's analysis concluded that a more preferred location as defined by NBMC Subsection 20.49.040(A) (Preferred Locations), such as a collocation or a Class 1 or 2 facility, would not be technically feasible from an RF or construction perspective. The analysis explained that small cell facilities are low powered and must be located at the precise location selected to serve the network traffic demands of the specific limited area. Further, this type of service cannot be accomplished with a traditional macro collocation or building mounted site in the area. SECTION 4, DECISION. NOW, THEREFORE, BE IT RESOLVED: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15302 and 15303 under Class 2 (Replacement or Reconstruction) and Class 3 (New Construction or Conversion of Small Structures), respectively, of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. The exceptions to the Class 3 exemption do not apply. 2. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2019-030, subject to the conditions set forth in "Exhibit A," which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of NEMC Title 20 Planning and Zoning. 01.25-19 17-116 Zoning Administrator Resotution No. ,ZA2020-030 Pane 10 of 1 PASSED, APPROVED, AND ADOPTED THIS 16" CLAY OF APRIL, 2020. JaN�e Murillo Zoning Administrator 0}.2f-19 17-117 Zoning Administrator Resolution No. ZA2020-030 Pacie f I of 15 EXHIBIT "A" CONDITIONS OF APPROVAL Planning Division 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 pots 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 fu#ly 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 specificaily 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 3.4 feet., 9 inches in height from existing grade (maximurn elevation height of 43,87 feet above mean sea level using the North American Vertical Datum of 1988 [NAVD881). 01-45-19 17-118 Zoning Administrator Resolution No. ZA2620-036 Page 12 of 15 12. Prier to building permit issuance all contractors and subcontractors shall have a valid City of Newport Beach business license. 13. The AppiIca nt shall continually maintain the wireless teiecorn 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 annuat 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 hisittier discretion. 15. The applicant shall not prevent the City of Newport Beach from having adequate spectrum capacity an the City's 800 MHz radio frequencies at any time. 16. The facility shall transmit at the approved frequency ranges established by the FCC. The Applicant shall inform the City in writing of any proposed changes to the frequency range in order to prevent interference with the City's Public Safety radio equipment. 17. The telecommunications facility shall at no time interfere with the frequencies used by the City of Newport Beach for public safety. `Comprehensive advanced planning and frequency coordination" engineering measures small 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. CAPCO"), and as endorsed by the FCC. 18. Should interference with the City's Public Safety radio equipment occur, use of the telecom facility authorized by this permit may be suspended until the radio frequency interference is corrected and verification of the compliance is reported. 19. The Applicant shall provide a "single point of contact" for carriers in its Engineering and Maintenance Departments that is monitored 24 hours per day to ensure continuity on all interference issues, and to which interference problems may be reported. The name, telephone number, fax number, and email address of that person shall be provided to the Community Development Department and Newport Beach Police Department's Support Services Commander prior to activation of the facility. If the point of contact changes, the City shall be immediately alerted and updated. 20, No advertising signage or identifying logos shall be displayed on the telecom facility except for small identification, address. warning, and similar information plates. A detail of the information plates depicting the language on the plate shall be included in the plans submitted for issuance of building permits. 21. Appropriate information warning signs or plates shall be posted on the, base street€fight 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 forconstruction permits. pi -25.19 17-119 Zoning Administrator Resolution No. ZA2020-030 Page 13 of 15 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 fighting 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 adapted 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. Cede Title 47 (Telecommunications) rules and regulations, including those related to FCC Radio Frequency safety. M Prior to final of building permits, the Applicant small schedule an inspection by the Planning Division to ensure materials and colors match existing architecture as illustrated in the approved photographic simulations and in conformance with NBMC Section 20.49.050. 27. Any operator who intends to abandon or discontinue use of a telecom facility must notify the Planning Division by certified mail no less than thirty (30) days prior to such action. The operator shall have ninety (90) days from the date of abandonment or discontinuance to reactivate use of the facility, or remove the telecom facility and restore the site. 28. The City reserves the right and jurisdiction to review and modify any permit approved pursuant to NBMC Chapter 20.49, including the conditions of approval, based on changed circumstances. The operator shall notify the Planning Division of any proposal to change the height or size of the facility; increase the size, shape, or number of antennas; change the facility's color or materials or location on the site; or increase the signal output above the maximum permissible exposure ("MPE") limits 'imposed by the radio frequency emissions guidelines of the FCC. Any changed circumstance shall require the operator to apply for a review of the modification, and possible amendment to the use permit, prior to implementing any change. 29. Use Permit No. UP2019-030 shall expire unless exercised within 24 months from the date of approval as specified in NBMC Section 20,51.060 (Time limits and Extensions), unless an extension is otherwise granted. 01-25.15 `" 17-120 Zoning Administrator Resolution No. ZA2020-430 Paae 14 of 15 30. Construction activities shall comply with NEMC Section 10.28.040, which restricts hours of noise -generating construction activities that produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday and 8 a.m. and 6 p.m. on Saturday. Noise-ganerabrlg construction activities are not allowed on Sundays or holidays. 31. This Use Permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public heafth, welfare or materially injuriotis 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 Sou them California Edison (SCE) for the power sup ply and design, shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 33. The Applicant shall promptly notify the City if the landscaped parkway of the subject streetlight pole is negatively affected or otherwise damaged by project implementation. 34. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's flees, disbursements and court casts) of every kind and mature whatsoever whit, -h may arise from or 1n any manner relate (direcfiy or indirectly) to City's approval of AT&T Small Cell on SLC0796, including, but not limited to, Minor Use Permit No. UP2019-430 (PA2019-111 ). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Applicant, City, and/or the parties initiating or bringing Euch proceeding. The Applicant shall Indemnify the City for ail of City's costs, attomeys' 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 arnount owed to the City pursuant to the indemnifications requirements prescribed In this condition. Public Works DeDartment 35. Prior to the issuance of a buildingeta rmit, an encroachment permit shall be required. 36. Prior to the issuance of a bu ild ing permit, traffic control pians illustrating compliance with the 2016 watchbook requirements shall be reviewed and approved by the Public Worsts Department before their implementation, targe construction vehicles shall not be permitted to travel narrow streets as determined by the Public Warks Department. Disruption caused by construction work along roadways and by movement of `' 17-121 Zoning Administrator Resolution No. 7-A2020-030 Pape 15 of 15 construction vehicles shall be minimized by proper use of traffic control equipment and flagman. Additional Conditions of Approval 37. The Applicant is responsible for compliance with the Migratory Bird Treaty Act (M13TA). In cornpilance with the META, 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 I to August 15, compliance with the following is rewired to prevent the taking of native birds pursuant to MBTA: 01.26.19 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 kiil 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. r � 17-122 7o 17-123 Attachment No. PC 4 Adopted Zoning Administrator Resolution No. ZA2020-030 '. 17-124 17-125 14*Y0I1!1)tIII101.11111111 11, A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING MINOR USE PERMIT NO. UP2019-034 FOR A SMALL CELL FACILITY LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY ON CITY STREETLIGHT NUMBER SLC0796, AT THE NORTHWESTERN CORNER OF BALBOA BOULEVARD AND 30;" STREET (PA2019-11 1) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: 1. An application was filed by New Cingular Wireless, LLC d.b.a. AT&T Mobility (Applicant), with respect to City of Newport Beach Streetlight Number SLC0796, located within the public right-of-way, at the northwestern corner of Balboa Boulevard and 30t11 Street, requesting approval of a minor use permit. 2. The Applicant proposes the installation of a small cell wireless facility on a City -owned streetlight pole. Project implementation will be fully contained within the public right-of- way on Balboa Boulevard and includes the following: (1) Removal and replacement of an existing City streetlight; (2) Installation of a small cell wireless facility that consists of four remote radio units, a raycap disconnect, and an omni -directional antenna within a 12 -inch diameter equipment shroud. This equipment would be fixed to the top of the replaced streetlight pole for a maximum height of 34 feet, 9 inches, and (3) Establishment of new below -grade support equipment adjacent to the streetlight. 3. The streetlight is located within the public right-of-way. The proposal is regulated by Council Policy L-23 (Siting of Wireless Telecommunications Equipment on City -Owned Property), as well as Newport Beach Municipal Code (NBMC) Chapter 20.49 (Wireless Telecommunication Facilities). 4. The project site is located within the coastal zone. It is not located between the first public roadway paralleling the sea and the sea. The removal and installation of an existing streetlight pole is exempt from the requirements of a coastal development permit pursuant to Section 21.50.035(C)(4) (Repair and Maintenance) of the NBMC. In consultation with Coastal Commission staff, the modification of a streetlight for a small cell facility remains exempt, provided there is no visual resource impact. The project was reviewed for consistency with the Public View Protection regulations of Section 21.49.050(B) (Public View Protection) of the NBMC. It is not on a coastal bluff or canyon, not adjacent to or within the viewshed of a public view point, coastal view road, public park or beach, or public accessway, as identified on the Coastal Land Use Plan Map 4- 3 (Coastal Views), and does not contain significant natural landforms or vegetation. The project scope involves the removal and replacement of an existing City streetlight in the same location with the same luminaire height. The project has been designed to blend in within the existing streetscape. The replacement streetlight is consistent with the size, 17-126 Zoning Administrator Resolution No. ZA2020-030 Page 2 of 15 shape, style, and design of the existing pole. No above ground mounted equipment is proposed and the support equipment is proposed to be placed in underground handholes. All transmission equipment, including remote radio units and the raycap disconnect switch, are fully concealed within a screening shroud. The installation of a small cell wireless facility will not have a negative impact on coastal views or coastal resources; therefore, a coastal development permit is not required. 5. A public hearing was held on April 16, 2020, in the Community Room at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15302 and 15303 under Class 2 (Replacement or Reconstruction) and Class 3 (New Construction or Conversion of Small Structures), respectively, of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. 2. In this case, the proposal includes the removal and replacement of an existing City streetlight pole to install a small telecommunications wireless facility, including below - grade accessory equipment. 3. The exceptions to the Class 3 categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. Mirror 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: D1-25-19 17-127 Zoning Administrator Resolution No. ZA2020-030 Pace 3 of 15 Finding: R. 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 -awned 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 beiow 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 0.1.3 by copying the size, shape, style, and design of the existing streettight 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 pian area - 17-128 Zoning Administrator Resolution No. ZA2020-030 Paae 4 of 15 Findinq: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. See Fact in Support of Finding A.1. 2. Wireless telecommunication facilities are regulated by NBMC Chapter 20.49 (Wireless Telecommunication Facilities). To site small cell equipment in the ROW assigns the project a Class 3 specification (Public Right -of -Way Installations) and requires the Applicant to obtain a minor use permit from the Zoning Administrator (NBMC Section 20.49.060 [Permit Review Procedures]). 3. NBMC Subsection 20.49.040(A) (Preferred Locations) prioritizes telecom facilities from most preferred (1) to least preferred (4) as follows: (1) collocation of a new facility at an existing facility; (2) Class 1 Stealth/Screened); (3) Class 2 (Visible Antennas), Class 3 (Public Right -of -Way); and (4) Class 4 (Freestanding Structure). Although lower on the listing of priority facilities, the proposed facility consists of one (1) small cell facility that is designed to not visually dominate the surrounding area and instead to blend into the existing block. 4. NBMC Section 20.49.050 (General Development and Design Standards) requires projects to be visually compatible with surrounding structures. In reviewing this application, the Zoning Administrator shall consider the proposed facility's use of color blending, equipment screening, and the limited size of the equipment designed consistently with the aforementioned criteria. All telecommunications equipment on top of the streetlight pole would be concealed within a painted -to -match 12 -inch diameter shroud. The proposed small cell facility would rely on likeness with the streetlight pole through style, color, and material to help disguise its presence. Engineering of the replacement streetlight pole accommodates and withstands the weight of the small cell equipment and has ability to display a future City banner, if needed. Electrical and wiring components of the telecommunications equipment are designed to be fully contained within the new streetlight pole, The overall height of 34 feet, 9 inches from finished grade to the top of the proposed facility complies with the maximum allowed. Equipment not contained within the shroud on the streetlight pole would be out of sight, located below the ground in the adjacent ROW. Condition of Approval No. 32 requires approved design drawings from Southern California Edison (SCE) of the power supply to the small cell facility before construction of the facility is to commence. 5. Existing residential properties contiguous to the site are in the R-2 (Two -Unit Residential) Zoning District. R -2 -zoned sites allow for structures up to 24 feet for flat roof elements and 29 feet to the ridge of a sloped roof. The height of the existing streetiight SLC0796 sits just above the maximum allowable height for residential structures. The streetlight is separated from the residences by a large 20 -foot vegetated parkway that is landscaped with taller palm trees. Given this buffer between the streetlight and the D1-25-19 17-129 Zoning Administrator Resolution No. ZA2020-030 Paae 5 of 15 residences, the streetlight is softened and screened by the landscaping from the residential neighborhood beyond. Furthermore, keeping the luminaire the same height as the existing streetlight lessens visual obtrusion from the proposed small cell facility with the line of the existing development. 6. Submitted materials from the Applicant demonstrate the proposal would conform with Federal Communications Commission (FCC) Rules and Regulations regarding safety and radio frequency emissions. 7. The proposed telecom facility will comply with applicable requirements of the NBMC with construction as shown on the plans and implementation of the conditions of approval. Finding: C. The design, location, size, and operating characteristics of the use are co npatible with the allowed uses in the vicinity. Facts in Support of Finding.- City inding: City of Newport Beach Streetlight No. SLC0796 is located within the public right-of-way on the northern side of Balboa Boulevard at the northwestern corner of the 301h Street intersection. It is immediately adjacent to an unusually large vegetated parkway that is approximately 20 feet wide. Beyond the parkway to the northeast is a block of two -unit residential development (Attachment No. ZA 2). All surrounding land uses are residential and vary in density from two -unit residential to single -unit residential. The only exception is a Commercial Visitor Serving (CV) zoned parcel across 301" Street from the site, which is presently developed with a laundromat (Beach Coin Laundry). 2. Under the new FCC Order, wireless providers are not required to demonstrate a significant coverage gap, a qualification previously required by local jurisdictions in order to support an application. Pursuant to the Order, the City cannot "materially [inhibit] the introduction of new services or the improvement of existing services." Moreover, pursuant to Section 332(c)(7)(13)(i)(II) of U.S. Code Title 47 (Telecommunications), the City may "not regulate the placement, construction or modification of wireless service facilities in a manner that prohibits the provision of personal wireless services." Although not required, the Applicant produced a coverage map for the project. This map indicates the proposed facility would boost the supply of capacity and coverage in the vicinity. 3. SLC0796 serves as a part of the City's existing streetlight inventory. AT&T proposes to: (1) remove and replace SLC0796 with a new streetlight in the same location; (2) maintain the existing luminaire height of 29 feet, 9 inches; (3) install telecommunications equipment for a small cell wireless facility on top of the new streetlight pole resulting in an overall height of 34 feet, 9 inches; and (4) establish new below -grade support equipment adjacent to the streetlight, within the public right-of-way. D1-25-19 17-130 Zoning Administrator Resolution No. ZA2020-030 Paoe 6 of 15 4. The replacement streetlight pole design is consistent with the size, shape, style, and design of that existing, including the attached light arm and luminaire. For safety and circulation of the area during construction, Condition of Approval No. 40 requires traffic control plans illustrating compliance with the 2016 watchbook to be reviewed and approved by the Public Works Department prior to the issuance of any building permit. 5. The proposed telecom facility is anticipated to enhance coverage and capacity for residents, visitors and businesses in the neighborhood by providing wireless access to voice and data transmission services. The proposed telecom facility is not expected to result in any material changes to the character of the local community_ 6. See Facts in Support of Finding B.4, B.S, and B.6. 7. The proposed facility will be unmanned, will have no impact on the circulation system, and, as conditioned, will not generate noise, odor, smoke, or any other adverse impacts to adjacent land uses. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. Adequate public and emergency vehicle access, public services, and utilities are provided to and around the subject site and the proposed use will not change this. 2. The proposed facility will be unmanned and will have no permanent impact on the circulation system and adjacent land uses due to its location in the parkway, outside of existing vehicle or pedestrian circulation areas. 3. The Public Works Department and Utilities Department have reviewed the project proposal and do not have any concerns regarding access, public services, or utilities provided to the existing neighborhood and surrounding area. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest. safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1 The proposed facility witl only require periodic maintenance and will not generate any type of significant adverse impacts to the environment, such as noise, odor, smoke, etc. :1 C� 17-131 Zoning Administrator Resolution No. ZA2020-030 Paae 7 of 15 2. The proposed facility must and will comply with the applicable Federal and State rules, regulations and standards thus, ensuring public health and safety. 3. See Facts in Support of Finding B.4, B.5, B.6, 13.7, and B.8. 4. The proposed telecom facility will be effectively blended fused 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 13.4, 6.5, and B.S. 2. The closest residentially zoned property is located approximately 20 feet northeast of the project site and is buffered by a large 20 -foot -wide parkway area with vegetation of varying heights. The proposed streetlight is located along the inland side of a well - traveled street and will blend in with the surrounding streetscape. There are no public parks near the proposed project. The proposed facility and below -grade accessory equipment meets the City's design parameters approved by the City's Master License Agreement, which emphasizes stealth techniques and best practices to not be materially detrimental to the surrounding area. Funding: G. The proposed telecom facility complies with height, location and design standards, as provided for in this chapter. Facts in Support of Finding: 1. The 34 -foot, 9 -Inch tali small cell facility would comply with the maximum height limit of 35 feet for telecom facilities installed on streetlights within the public right-of-way. 2. See Facts in Support of Finding B in its entirety. 3. The application includes documentation indicating the need to provide and improve coverage to the residential areas within the City of Newport Beach. Moreover. the 01.25-19 :Z n 17-132 Zoning Administrator Resolution No. ZA2020-030 Pane 8 of 15 additional system capacity provided by the proposed facility will address service gaps that occur during high demand periods, as well as service gaps that exist at all demand periods to the surrounding area. The proposed small cell site will help AT&T to meet its coverage objectives and improve coverage to nearby areas that are currently marginal. Finding: H. An alternative site(s) located further from a residential district, public park or public facility cannot feasibly fulfill the coverage needs fulfilled by the installation at the proposed site. Facts in Support of Finding: 1. See Fact in Support of Finding C.2. 2. Five nearby streetlights were identified and investigated by the Applicant as possible alternate locations for this small cell facility; however, all sites were found by the applicant to be not viable (see Attachment No. ZA 3). 3- Alternative Site #1 is a wooden utility pole located approximately 100 feet north of the proposed streetlight. This pole is located immediately in front of a two -unit residential structure that is oriented towards Balboa Boulevard within a narrower parkway area. Installation of small cell infrastructure at this location would require placement of a crossarm with exposed equipment on either side of the wooden pole and would not be as aesthetically compatible as the proposed location. Most importantly, the wooden Utility pole is located within an approved underground assessment and utility district, which will aim to eventually eliminate such above -ground utilities in the area. 4. Alternative Site #2 at City Streetlight No. SLC0767 located approximately 160 feet northwest of the proposed streetlight on the opposite side of Balboa Boulevard. This alternative location is in very close proximity to overhead powerlines, which would make additional height above the existing streetlight pole infeasible. Furthermore, the existing streetlight is located such that accessibility is limited and a girthier pole could not be accommodated without further constraining the sidewalk. 5. Alternative Site #3 is a wooden utility pole located approximately 78 feet west of the proposed streetlight. This pole is located immediately adjacent to the front patio of an existing, single -story residence. Like Alternative Site #1, installation of small cell infrastructure at this location would require placement of a crossarm with exposed equipment on either side of the wooden pole and would not be as aesthetically compatible as the proposed location. Most importantly, the wooden utility pole is located within an approved underground assessment and utility district, which will aim to eventually eliminate such above -ground utilities in the area. 6. Alternative Site #4 at City Streetlight No. SLC0768 is located at the southwest corner of Balboa Boulevard and 30th Street approximately 100 feet from the proposed streetlight. Like Alternative Site #2, this alternative location is in very close proximity to overheats powerlines: which would make additional height above the existing streetlight pole D1-25-19 r;: r 17-133 Zoning Administrator Resolution No. ZA2020-030 Page 9 of 15 infeasible. Accessibility is also limited here and a girthier pole cannot be accommodated without further constraining the sidewalk. 7. Alternative Site #5 at City Streetlight No. SLC0766 is located at the alleyway between 30th Street and 29th Street, approximately 175 feet southeast of the proposed streetlight. Bike Alternative Site #2 and Alternative Site #4, accessibility is limited at this location and a girthier po#e cannot be accommodated without further constraining the sidewalk. Fi-ndin 1. An altemative plan that would result in a higher preference facility class category for the proposed facility is not available or reasonably feasible and desirable under the circumstances. Facts in Support of Finding: 1. See Fact in Support of Finding C.2. 2. AT&T's analysis concluded that a more preferred location as defined by NBMC Subsection 20.49.040(A) (Preferred Locations), such as a collocation or a Class 1 or 2 facility, would not be technically feasible from an RF or construction perspective. The analysis explained that small cell facilities are low powered and must be located at the precise location selected to serve the network traffic demands of the specific limited area. Further, this type of service cannot be accomplished with a traditional macro collocation or building mounted site in the area. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15302 and 15303 under Class 2 (Replacement or Reconstruction) and Class 3 (New Construction or Conversion of Small Structures), respectively, of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. The exceptions to the Class 3 exemption do not apply. 2. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2019-030, subject to the conditions set forth in "Exhibit A," which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of NBMC Title 20 Planning and Zoning. D1-25-19 21 17-134 Zoning Administrator Resolution No. ZA2020-030 Paae 10 of 15 PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF APRIL, 2020. ��� Jaif6e Murillo Zoning Administrator 01-25-19 17-135 Zoning Administrator Resolution No. ZA2020-030 Paoe 11 of 15 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 specificafly waived or modified by the conditions of approval. 3. The Applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 4- The telecom facility approved by this permit shall comply with all applicable Federal and State rules, regulations. and standards, 5. The replacement pole shall be reconstructed in the exact location of the existing streetlight pole. 6. The reconstructed streetlight pole design shall be consistent with the size (including diameter), shape, style, and design of the existing streetlight pole to the greatest extent feasible, including the attached light arm and luminaire. All mounted equipment shall be painted to match the color and style of the replacement streetlight pole. 7. All accessory support equipment of this facility shall be installed underground. 8. All electrical and antenna wiring shall be fully encased within the reconstructed streetlight pole. 9. The telecom facility approved by the use permit shall comply with any easements, covenants, conditions, or restrictions on the underlying City -trust property upon which the facility is located. 10. Anything not specifically approved by this permit is not permitted and must be addressed in a separate and subsequent review. 11. Prior to building permit final, a Height Certification Inspection shall be required prior to final of building permits. The small cell facility and base streetlight pole approved by this permit shall not exceed a total of 34 feet, 9 inches in height from existing grade (maximum elevation height of 43.57 feet above mean sea level using the North American Vertical Datum of 1988 [NAVD88]). 17-136 Zoning Administrator Resolution No. ZA2020-030 Paae 12 of 15 12. Prior to building permit issuance, ail 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 hislher discretion. 15. The Applicant shall not prevent the City of Newport Beach from having adequate spectrum capacity on the City's 800 MHz radio frequencies at any time. 16. The facility shall transmit at the approved frequency ranges established by the FCC. The Applicant shall inform the City in writing of any proposed changes to the frequency range in order to prevent interference with the City's Public Safety radio equipment, 17- The telecommunications facility shall at no time interfere with the frequencies used by the City of Newport Beach for public safety, "Comprehensive advanced planning and frequency coordination" engineering measures shall prevent interference, especially in the choice of frequencies and radia 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 radia equipment occur, use of the telecom facility authorized by this permit may be suspended until the radio frequency interference is corrected and verification of the compliance is reported. 19. The Applicant shall provide a "single point of contact" for carriers in its Engineering and Maintenance Departments that is monitored 24 hours per day to ensure continuity on all interference issues, and to which interference problems may be reported. The name, telephone number, fax number, and email address of that person shall be provided to the Community Development Department and Newport Beach Police Department's Support Services Commander prior to activation of the facility. If the point of contact changes, the City shall be immediately alerted and updated. 20. No advertising signage or identifying logos shall be displayed on the telecom facility except for small identification, address, warning, and similar information plates. A detail of the information plates depicting the language on the plate shall be included in the plans submitted for issuance of building permits. 21. Appropriate information warning signs or plates shall be posted on the base streetlight pole of the transmitting antenna. In addition, contact information (e.g., a telephone number) shall be provided on the warning signs or plates. The location of the information warning signs or plates shall be depicted on the plans submitted for construction permits. D1-25-19 C7-.. 17-137 Zoning Administrator Resolution No. ZA2020-030 Pace 13 of 15 Signage required by State or federal regulations shall be allowed in its smallest permissible size, 22. Prior to the final of building permits, the Applicant shall schedule an evening inspection by the Code Enforcement Division to confirm compliance with lighting. The telecom facility shall be lighted to the extent deemed necessary by the Newport Beach Police and Utilities Departments for security lighting and consistency with other streetlights in the area. 23_ The Applicant shall maintain the telecom facility in a manner consistent with this approval. 24. The Applicant shall ensure that its telecom facility complies with the most current regulatory, operations standards, and radio frequency emissions standards adopted by the FCC. The Applicant shall be responsible for obtaining and maintaining the most current information from the FCC regarding allowable radio frequency emissions and all other applicable regulations and standards. This information shall be made available by the Applicant upon request of the Community Development Director. 25. The facility shall comply with all applicable provisions of U.S. Code Title 47 (Telecommunications) rules and regulations, including those related to FCC Radio Frequency safety. 26. Prior to final of building permits, the Applicant shall schedule an inspection by the Planning Division to ensure materials and colors match existing architecture as illustrated in the approved photographic simulations and in conformance with NBMC Section 20.49.050. 27. Any operator who intends to abandon or discontinue use of a telecom facility must notify the Planning Division by certified mail no less than thirty (30) days prior to such action. The operator shall have ninety (90) days from the date of abandonment or discontinuance to reactivate use of the facility, or remove the telecom facility and restore the site. 28. The City reserves the right and jurisdiction to review and modify any permit approved pursuant to NBMC Chapter 20.49, including the conditions of approval, based on changed circumstances. The operator shall notify the Planning Division of any proposal to change the height or size of the facility; increase the size, shape, or number of antennas; change the facility's color or materials or location on the site; or increase the signal output above the maximum permissible exposure ("MPE") limits imposed by the radio frequency emissions guidelines of the FCC. Any changed circumstance shall require the operator to apply for a review of the modification, and possible amendment to the use permit, prior to implementing any change. 29. Use Permit No. UP2019-030 shall expire unless exercised within 24 months from the date of approval as specified in NBMC Section 20.54.060 (Time Limits and Extensions), unless an extension Is otherwise granted. D1-25-19 r., 17-138 Zoning Administrator Resolution No. ZA2020-030 Paae 14 of 15 30. Construction activities shall comply with NBMC Section 10,28,040, which restricts hours of noise -generating construction activities that produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday and 8 a.m. and 6 p.m. on Saturday. Noise -generating construction activities are not allowed on Sundays or holidays. 31. This Use Permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 32. A copy of the Resolution, including conditions of approval Exhibit "A," and approved drawings from Southern California Edison (SCE) for the power supply and design, shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 33. The Applicant shall promptly notify the City if the landscaped parkway of the subject streetlight pole is negatively affected or otherwise damaged by project implementation. 34. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, sults, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of AT&T Small Cell on SLC0796, including, but not limited to, Minor Use Permit No. UP2019-030 (PA2019-111). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Public Works Department 35. Prior to the issuance of a building permit, an encroachment permit shall be required. 36. Prior to the issuance of a building permit, traffic control plans illustrating compliance with the 2016 watchbook requirements shall be reviewed and approved by the Public Works Department before their implementation. Large construction vehicles shall not be permitted to travel narrow streets as determined by the Public Works Department. Disruption caused by construction work along roadways and by movement of of -a5 -1s 261 17-139 Zoning Administrator Resolution No. ZA2020-030 Pace 15 of 15 construction vehicles shall be minimized by proper use of traffic control equipment and flagman. Additional Conditions of Approval 37. The Applicant is responsible for compliance with the Migratory Bird Treaty Act (META). In compliance with the META, 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. D1-25-19 17-140 L1 v" 17-141 Attachment No. PC 5 Minutes of Zoning Administrator Meeting of April 16, 2626 17-142 17-143 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH COMMUNITY ROOM THURSDAY, APRIL 16, 2020 REGULAR MEETING — 3:00 P.M. CALL TO ORDER — The meeting was called to order at 3:04 p.m. Staff 'resent: Jaime Murillo, Zoning Administrator Armeen Komeili, Deputy City Attorney Benjamin Zdeba, Senior Planner Chelsea Crager, Associate Planner Patrick Achis, Assistant Planner Joselyn Perez, Assistant Planner Melinda Whelan, Assistant Planner Liane Schuller, Planning Consultant REQUEST FOR CONTINUANCES Staff requested Item Number 9 be continued to April 30, 2020. The item will be re -noticed - Ill. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF MARCH 12, 2020 Action: Approved as Amended IV. PUBLIC HEARING ITEMS ITEM NO. 2 716 Heliotrope, LLC Condominiums Tentative Parcel Map No. NP2019-017 (PA2019- 262) Site Location: 716 Heliotrope Avenue Council District 6 The Zoning Administrator introduced the item with no need for a staff presentation due to the simplicity of the request. He explained the map will allow the duplex to sell each unit as a condominium and the reap has been conditioned to assess a park fee and remove the non -permitted improvements in the right-of-way along Heliotrope Avenue, Melinda Whelan, Assistant Planner confirmed presence on the conference call and confirmed that she had received correspondence confirming that the applicant had reviewed and accepted all of the conditions. The Zoning Administrator explained that written correspondence was received from resident, Jim Mosher regarding combining repetitive conditions, and confirmed that this correction would be made to the resolution. The Zoning Administrator opened the public hearing in the room and on the phone. Seeing that no one from the public wished to comment, the public hearing was closed. Action: Approved as Amended ITEM NO. 3 AT&T Small Cell SLC0796 Minor Use Permit No. UP2019-030 (PA2019-111 ) Site Location: Public right-of-way, City streetlight number SLC0796, at the northwestern corner of Balboa Boulevard and 30th Street Council District 1 Page 1 of 8 17-144 MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 04/26/2929 Benjamin Zdeba, Senior Planner, started by providing context and background on small cell wireless facilities. He noted they are being widely deployed throughout the country as a leading solution to solving coverage gaps and increased data demands. They are also intended to work in conjunction with the larger, macro facilities on a carrier's network and service a smaller area. He stressed that the City's review of these, and all wireless facilities, is largely limited by federal law and is narrowed to focus primarily on land use compatibility, aesthetics, and environmental impacts. The Federal Communications Commission (FCC) exclusively sets standards for radio frequency or "RF" emissions. As such, the City is not able to base any recommendation on potential health and safety impacts. He added that on February 12, 2019, the Newport Beach City Council authorized the execution of a Master License Agreement with AT&T, authorizing non-exclusive use of City -owned streetlights to install wireless telecommunications facilities and included approved designs, fee and rent assessments. Senior Planner Zdeba then continued to provide a brief project description noting that AT&T is requesting to remove and replace City Streetlight No. SLC0796, which is located within the public right-of-way adjacent to the northwestern corner of the Balboa Boulevard and 301'' Street intersection. All surrounding land uses are residential and vary in density. This location is unique in that there is an approximately 20 -foot wide landscaped parkway area buffering it from the nearest residence. This project requires the approval of a minor use permit. Senior Planner Zdeba continued that staff analyzed the project for consistency with the Coastal Act and determined it does not negatively impact any designated public view corridors nor does it negatively impact coastal access and resources. In consultation with Coastal Commission staff, it was determined the proposed replacement streetlight pole and small cell installation does not require the issuance of a coastal development permit. Furthermore, the streetlight pole is not located between the first public road paralleling the sea and the sea and the project is consistent with Section 21.49.059(B) of Title 21 (Local Coastal Program Implementation Plan), which aims to protect and enhance scenic resources. Mr. Zdeba stated that the replacement streetlight pole will be purposed with maintaining the intent of the City's streetlight inventory. It will maintain the same exact luminaire height as the current streetlight pole. However, the new equipment will extend up to an overall height of 34 feet, 9 inches from grade. All equipment and supporting equipment will either be contained within the pole itself, behind a shroud/screen, or underground in a vaulted area. From a Municipal Code perspective, Mr. Zdeba stated that this type of facility is considered a Class 3 (Public Right -of -Way) installation and falls lower on the preferential list of installation types. The first two classes are stealth facilities, which are often housed on top of existing commercial and multi -family residential structures, and visible facilities, which are exposed antennas on existing commercial and multi -family residential structures. Given the lack of taller commercial buildings in the area, these more -preferred classes were determined to be unviable. Senior Planner Zdeba explained that although it does fall lower on the priority list, this facility is designed to blend into the streetscape without visually dominating the area. Maintaining the same luminaire height as the current pole will help to maintain consistency with the surrounding streetlights in the area. Furthermore, the Code discusses development standards including blending and screening. The proposed facility is located adjacent to a wide parkway area that is one of the largest in the area. It is planted with taller landscaping, including palm trees, which will serve as a softening buffer between the residential structures beyond. With respect to heights in the area, the maximum allowable height for the abutting residential zoning districts is 29 feet to the ridge of a sloping roof. The current streetlight pole sits just above the allowed height at 29 feet, 9 inches. The proposed streetlight pole with the proposed equipment on top would extend to an overall height of 34 feet, 9 inches and would not appear out of scale with the structures in the area. It is also notable that in many other areas, there are taller wooden utility poles. Mr. Zdeba added that another component of staff's review is alternative sites in the area that may be better - suited for the proposed facility. The applicant provided analysis for five other sites in the vicinity. Attachment No. ZA 3 to the staff report goes into each alternative site in more detail and provides photographs as well. Each of the five alternative sites were determined to be unviable due to limited accessibility around a slightly Page 2 of 8 9:�" 17-145 MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 04/16/2020 wider pole, proximity to overhead powerlines, and location within an approved underground assessment district. Lastly, Senior Planner Zdeba stated that one piece of written correspondence was received prior to the staff report being published citing concerns related to health and safety impacts. Three additional pieces of written correspondence were received, two from an attorney, Mark Pollock, representing a resident and one from Jim Mosher_ Mr. Zdeba concluded that staff believed all required findings can be made and recommended approval of this project. Zoning Administrator Murillo requested clarification as to why all the alternative sites were in such close proximity to one another. In response, Mr. Zdeba stated that the small cell wireless facilities are considered "mica" sites and have a smaller radius of transmission. They are intended to work in conjunction with larger macro sites. He also added that, although not required, the applicant provided coverage maps to identify the present gap in coverage that exists without the proposed site. Zoning Administrator Murillo stated that there are taller, mature palm trees adjacent to the site and that there should be a condition of approval added about compliance with the Migratory Bird Treaty Act. Mr. Zdeba indicated that condition would be added; if approved. In response to the correspondence received from Mr. Mosher, Zoning Administrator Murillo also requested additional information as to why the project was exempted from a coastal development permit. Mr. Zdeba stated that NBMC Section 21.52.035{c)(4) (Repair and Maintenance) is the operative section that was identified as being appropriate for the replacement of a streetlight with a small cell facility installation in consultation with Coastal Commission staff. Applicant Franklin Orozco, on behalf of the AT&T Mobility, stated that he had reviewed the draft resolution and agrees with all the required conditions. He also clarified that the site is a "pica" small-cetl site, which does not have as wide of a range as macro sites. The range of a pica cell site is approximately 750 to 1,000 feet, which is why they typically only look at alternative locations within 250 feet of the targeted site. He also explained why a macro site was not feasible in this particular area and indicated that there will be several applications for similar projects coming forward. The Zoning Administrator opened the public hearing in the room and on the phone. Matthew Tanner, a resident at 209 301 Street, stated that everyone in his area was opposed to the project and expressed concerns about the potential health and safety Impacts of the proposal. He submitted his written comments for the record. Denise Fenton, owner of the Beach Coin Laundry, also expressed concerns about the potential health and safety impacts of the proposal. She further added that the proposal is not aesthetically pleasing. Mark Pollock, attorney, referenced his submitted written correspondence and stated his disagreement that the Zoning Administrator has the authority to act on this application and that for the subsequent Item No. 4, under NBMC Section 20.49.480. He further expressed concerns with the applicant entity and its validity under the executed Master License Agreement with the City. He also expressed concern with the insurance requirements. Brenda Martin, a resident at 206 '/23011 Street, cited health concerns and expressed opposition to the project_ She submitted her written comments into the record. The Zoning Administrator closed the public hearing. Zoning Administrator Murillo acknowledged the stated health and safety concerns brought forward during the public comments section, but reiterated that the City does not have authority to restrict emissions or operation of the facility. Furthermore, he indicated that a decision cannot be rendered on account of the same concerns. Page 3 of 8 -� 17-146 MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 04/16/2020 Lastly, he noted that the City's review is limited to aesthetics and land use compatibility, and that a more recent Federal Communications Commission ruling requires the City to accommodate such facilities within the public rights-of-way. In response to Mr. Pollock's comments from his March 25, 2020, letter, Deputy City Attorney Armeen Komeili, stated that staff reviewed the two license agreements referenced in Mr. Pollock's letter and the insurance requirements and has confirmed said insurance requirements have been met and certified by the correct entity. With respect to pollution liability, neither agreement has a pollution liability clause; therefore, it is not required. With respect to Mr_ Pollock's contention that the City has the ability to restrict or regulate the operation of these facilities, Deputy City Attorney Komeili stated that the Ninth Circuit has not yet opined on this matter, but the Second Circuit has stated that local governments are limited to regulating location, placement and modification, and cannot regulate the operation. As such, the City Attorney's Office recommends against using the Minor Use Permit as a mechanism to restrict the operation of the facility. Zoning Administrator Murillo recapped the project and noted the change to the streetscape is very nominal and that the applicant's design had accomplished blending and screening through maintaining similar attributes to the current streetlight pole. He further stated his agreement that this is the best location when considering all five alternative locations. Finally, he provided additional language under statement number four of "Section 1 Statement of Facts" with respect to the Coastal Development Permit exemption. The Zoning Administrator approved the project and found it exempt from the requirements of the California Environmental Quality Act under the Class 2 and 3 exemptions. Action: Approved as Amended ITEM NO.4 AT&T Small Cell SLC4653 Minor Use Permit No. UP2019-434 (PA2019-915) Site Location: Public right-of-way, City streetlight number SLC4653, on the north side of Bayside Drive, approximately 900 feet northwest of El Paseo Drive Council District 5 Jose€yn Perez, Assistant Planner, provided a brief project description stating that the applicant is requesting a minor use permit to allow the replacement of a City streetlight and the subsequent installation of telecom equipment for a small cell wireless facility. The streetlight proposed for the project, City Streetlight Number SLC4653, is located on the northeast side of Bayside Drive, approximately 900 feet northwest of El Paseo Drive. This streetlight is within the coastal zone and therefore initially evaluated in accordance with Newport Beach Municipal Code Section 21.30.100 Scenic and Visual Quality Protection. The project was found to not have one or more of the characteristics listed in subsection (B) of the aforementioned code section as the site is not located between the first public road and the sea, is not on a coastal bluff or canyon, and it is not adjacent to or within the Oewshed of a public view point, a coastal view road, a public park or beach, or a public accessway, as identified on the Coastal Land Use Plan Map 4-3 Coastal Views, and does not contain significant natural landforms or vegetation. Assistant Planner Perez stated that the surrounding land uses are residential and vary in density from R-1 (Single -Unit Residential), immediately adjacent to the project site, to RM (Multiple Residential) across the street. The streetlight is separated from the R-1 residences by a steep landscaped downslope. Given the grade differential, the lower setting of the streetlight lessens any visual obtrusion from the proposed small cell facility and prevents the equipment from being within the line of sight for the existing R-1 development. The steep, landscaped hillside provides visual masking of the small cell facility as the streetlight is not isolated or the only visible feature within the general area. There are many streetlights along this stretch of Bayside Drive and the proposed project will blend in with the surrounding streetscape and existing streetlights. The overall height of the replacement pole and equipment is 27 feet, 5 inches and is approximately 7 feet taller than the exiting streetlight pole. The existing pole is approximately 19 feet high; however, its luminaire height is 20 feet 6 inches. The proposed streetlight with small cell equipment is under maximum allowed height of 35 feet for telecom facilities and is consistent with the Zoning Code. Page 4 of 8 9 17-147 Attachment No. PC 6 Zoning Administrator Referral Memo 9-5 17-148 L1 v" 17-149 Merimndum CITY of NEWPORT REACH COMMUNM DEVELOPMENT DEPARTMENT 100 Civir Center Drive Newport Beach, California 92550 949 544-3200 newport beachca.gov/co m m un ityd eve I o pm ent To: Chairman Peter Koetting and Planning Commissioners From: Jaime Murillo, Zoning Administrator Date: June 29, 2020 Re: Referral of Coastal Development Permit No. CD2020-052 for a new small cell wireless telecommunications facility proposed on City Streetlight No. SLC0795 (PA2019-111) At the April 16, 2020, Zoning Administrator meeting, the captioned project came before me for review and decision on Minor Use Permit No. UP2019-030. At the time, it was determined there was no requirement for a coastal development permit and approval was granted for UP2019-030, as submitted. On April 28, 2020, an appeal of UP2019-030 was filed by Mark Pollock citing concerns with the Master License Agreement to allow installation of these types of facilities within the public right-of-way on City -owned structures. It is my understanding that, since the appeal was filed, the project has been evaluated more closely against the City's certified Local Coastal Program and it was determined a coastal development permit is in fact required. Given the appeal of UP2019-030 is being reviewed by the Planning Commission, it is my decision to refer the required coastal development permit to the Planning Commission for concurrent review as a single project pursuant to Municipal Code Section 21.50.020 (Authority for Decisions). r 17-150 17-151 Attachment No. PC 7 Applicant's Project Description and Justification 17-152 2Do 17-153 M SQU1ARE[9�11RE Exhibit B New Cingular Wireless PCS, LLC d/b/a AT&T Mobility AT&T Site ID: CSTAM 003 and FA#14823072 Project location: City Streetlight No. SCL0796 at the northwestern corner of West Balboa Boulevard and 30th Street, Newport Beach. Project Narrative New Cingular Wireless PCS, LLC d/b/a AT&T Mobility ("ATV") is proposing to install 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.r In addition, the FCC estimates that 70 percent of all 911 calls are made from wireless devices.' 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 cell, AT&T proposes to install a 10 -inch diameter omni -directional antenna and radios at the I See Wireless Substitution; Early Release of Estimates From the National Health lnterviewSurvey, January -June 2018, available at http;J/www.cdc.gov/nchs data/nhi5 earl release wireiess2013I2.pdf. See 911 Wireless Services, available at https;//www.fcc.gov/consumers/ggides/911-wireless, services. � r 17-154 Exhibit B Page 2 of 3 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 10? 17-155 Exhibit B Page 3 of 3 neighborhoods, AT&T is choosing 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 cel# 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 C5TAM_003 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 evaluated several 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 location evaluated. 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. los 17-156 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 porsuont 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 I 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 NEMC §20,49.040.6.1-4. 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 10-4 17-157 right-of-way. The facility is compatible with the architectural design of existing right-of-way infrastructure with respect to color, materiols, 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 ore 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 autharity 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 replo cement 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, particulariy 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 10" 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 fop, 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 comm Unity, 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. 1-0`5 17-158 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 opplicoble 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 far Telecom Facilities). Applicant Response: The height limitation for facilities located in the public right-of-way is 35 feet. NEMC §20.49.05D.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. ZD& 17-159 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-woy and replaces an existing structure. Also, the code specifically provides for a setback exception for light standards. NBMC § 20.30.110.0.11. 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 telecorn 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 some location as the pole being replaced and will have the some 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 some location as the pole being replaced, and will have the some color and finish. S. 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, talar and appearance of existing right -of --way infrastructure. sol 17-160 6. To the greatest extent practicable, new Class 4 facilities shall be designed and sited to facilitate the cottocation of one additional telecom operator. Applicant Response: This criterion is not applicable as this facility is not a Closs 4- F. Screening Standards. For collocation installations, the screening method shall be materially similar to those used on the existing tetecom 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 connisrer thor is on top of the pale. It will be the some color and texture as the existing pole. b. New or replacement vertical structures maybe 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 NEMC 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: Iv� 17-161 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 ore 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 some 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, fociNty 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. 1-09 17-162 Applicant Response: The facility complies with the code and will not create a zoning code nonconformity. 1. 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. 110 17-163 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 substantialiy similar in design, shape, size, color and texture os 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 35 foot -tall focility complies with the height, location and design standards. It is a Class 3 facility located in the right-of-woy 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. 111 17-164 17-165 Attachment No. PC 8 Alternative Locations Studied and Rejected ITS 17-166 17-167 AT&T AT&T Small Cell Node Site ID: CRAN RLOS CSTAM 003 Alternative Sites Analysis City streetlight No. SCL0796 located at the northwest corner of west Balboa Boulevard and 301h Street, Newport Beach. March 12, 2020 X12018 AT&T Intellectual Property. AT&T, Globe logo, and ❑IFtE[TV are registered trademarks and service marks of AT&T intellect ua] Property and/or AT&T affiliated companies. All other marks are the property of their re specOve owners. IIS 17-168 2 Map of Small Cell Node CRAN_RLOS_CSTAM_003 and Alternative Sites LI .� a• \. f�� F.ti y � "Qf7' Od� ❑n this aerial map, AT&T's proposed Small Cell Node CSTAM_003 is designated by a red marker and the alternative sites are identified by yellow markers. AT&T Zig 17-169 Proposed Small Cell Node CRAN_RLOS_CSTAM_003 • AT&T is committed to providing and improving wireless telecommunications services and faster data rates throughout the City of Newport Beach. • Rather than construct traditional macro facilities, AT&T is choosing 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 discouraged. • Small cells are effective tools to provide and improve critical wireless services with a minimal impact. By placing small cells in areas where AT&T's existing facilities are constrained and where AT&T experiences high network traffic, AT&T can address existing and forecasted demands. • Small Cell Node CRAN_RLOS_CSTAM_003 will improve signal quality and capacity within AT&T's wireless network in this portion of Newport Beach. I AT&T Zi 17-170 Small Cell Node CRAN_RLOS—CSTAM-003 - Proposed Location City streetlight No. SCL0697 located at the northwestern corner of West Balboa Boulevards and 301h Street. ■ Photo Simulation of Proposed Small Cell 4 • AT&T proposes to place a Small Cell Node on a replacement streetlight pole in the public right- of-way. (Lat/Long 33.613872, -117.931656). The proposed node is located on the East side of West Balboa Boulevard and north of 30th Street. • AT&T proposed node is a stealth facility under City Code §20.49.030(N) and is designed to be as visually inconspicuous as possible. • A large planter area with mature palm trees is located between the proposed node and the adjacent residential development. This planter will provide a visual screening from nearby residences. • AT&T determined that this location is viable in that necessary utilities are available and this location is feasible from a radio frequency perspective. The location is free of obstructions and has good line of site to meet coverage objectives. AT&T will need to replace the existing streetlight to accommodate a Small Cell. AT&T �� g 17-171 Small Cell Node CRAN_RLOS_CSTAM_003 — Alternative Site #1 Wood utility pole located at alley east of West Balboa Boulevard, approximately 130 feet north side of 301h Street. 5 ■ Alternative Site #1, is a wood utility pole with primary power and communication lines. It is approximately 92 northwest of the proposed node within an alley and adjacent to a three- story residential home. • The pole is located adjacent to a short fence of the residential home. • Design of this facility would require placement of a cross arm with exposed radios and antenna on opposite sides of the pole. This design could not be screened as required by City Code §20.49.050(F)(3). • The subject utility pole is also located within an approved underground assessment and utility district. • A small cell at this alternative site would be more visually conspicuous and more intrusive than the proposed node. AT&T �iJ 17-172 Small Cell Node CRAN_RLOS_CSTAM_003 - Alternative Site #2 City streetlight No. SCL0767 located on the west side of West Balboa Boulevard, approximately 80 feet south of 315t Street. 6 as • Alternative Site #Z is a city streetlight in the public right- of -way. The site is located approximately 147 feet northwest of the proposed node. The light has primary electrical lines directly above and secondary lines below. • Proximity of electrical lines at this location makes it infeasible to use this location due to GO9S space and separation requirements. • This streetlight is also within 5 feet from the adjacent residential building and has limited sidewalk width to meet ADA requirements. • A small cell at this alternative location is infeasible. AT&T ��� 17-173 Small Cell Node CRAN_RLOS_CSTAM_003 — Alternative Site #3 Wood utility pole located at the northwest corner of Balboa Boulevard and 30th Street. `J • Alternative Site #3, is a wood utility pole with primary and secondary power and communication lines. It is approximately 78 feet west of the proposed node adjacent to a single - story residential home. • The utility pole is located within 4 feet from a short fence of the residential home. ■ Design of this facility would require placement of a cross arm with exposed radios and antenna on opposite sides of the pole. This design could not be screened as required by City Code §20.49,050(1=)(3). • The subject utility pole is also located within an approved underground assessment and utility district. ■ A small cell at this alternative site would be more visually conspicuous and more intrusive than the proposed node. AT&T ��� 17-174 Small Cell Node CRAN RLOS CSTAM 003 — Alternative Site #4 City streetlight No. SCL0768 located at the southwest corner of (Nest Balboa Boulevard and 301h Street. • Alternative Site #4 is a city streetlight in the public right- of -way. The site is located approximately 104 feet south of the proposed node. The light has primary electrical lines directly above and secondary lines below. -- __ _ • Proximity of electrical lines at this location - makes it infeasible to use this location due to G095 space and separation requirements. 8 • This streetlight is also within 5 feet from the - adjacent residential building and has limited sidewalk space to meet ADA requirements. - ,,I .4WLER -r t • A small cell at this alternative location is infeasible. AT&T 2�� 17-175 Small Cell Node CRAN_RLQS_CSTAM_003 - Alternative Site #5 City streetlight No. SCL0766 located on the east side of West Balboa Boulevard, approximately 135 feet south of 30th Street. 9 • Alternative Site #5 is a city streetlight in the public right- of -way. The site is located approximately 175 feet southeast of the proposed node. ■ This streetlight is located within a narrow sidewalk, approximately 6 feet from the adjacent residential property and has limited sidewalk space to meet ADA requirements. ■ The narrow sidewalk space limits replacement of the streetlight to meet ADA requirements. • A small cell at this alternative location is infeasible. AT&T Z 17-176 Proposed Small Cell Node CRAN_RLOS_CSTAM_003 Conclusion • The proposed small cell node CRAN_RLOS_CSTAM_003 is an integral part of an overall small cell solution to help close AT&T's significant service coverage gap in this portion of Newport Beach. The proposed small cell will provide wireless telecommunications service and faster data rates to the area businesses, residents & visitors. • The proposed small cell is the best available and least intrusive means to help AT&T provide and improve critical wireless services in the surrounding areas, adding low-power, low -profile equipment to utility infrastructure in the public right-of-way. • The use of a replacement streetlight allows a stealth design for the proposed equipment and antenna. The proposed installation will enhance wireless communication with the least visual impact to the community, 1U AT&T 124 17-177 AT&T 22'5 17-178 -120 17-179 Attachment No. PC 9 Photographic Simulations, Project Plans. and Coverage Maps 17-180 17-181 PA2019-111 row+wr-rm.a rFwr va.w xar ce�raw.+..e r•e.e a� +Ire cane v :br°C�/Ce«w MbWlq o�eE n: ����ES•,�r„s,o�r�� ro u�ow.x+lwee canvoE,,wcaoau�auurco nulrAm•n Fw.o,x�wsn CRs rprnAgr.:�.W.�ico�rpyry x�m•uN'uh,AMWwrRHrNGiinIC Cil: I CODE COMPLIANCE n...cnmr t 1.nwnao n,m °Er eor.u,w.wnlr.,rr . ncwrraw w° E Prt 1,4wle-e.Ncronirgr �CN[R1[FVCt. wrNRl MrIq RN rMsn O�'mWe ie�Fpu�lk Ah�,n rAnt -�..rEXCwE AEWA! H X+C. GENERALNOTES g Dig Alert 0 ,oaiaw can e.Ati. va+u 851 ! 8pp-022133 DIG ALERT ... -. i,W�xwwr w °nlmrraw „W >oTM 5l i1i Bi lm �4WRc5E$ eurcnuu¢be :,r b ,mnel�x„ va>;1G� urxowc.�r�en �"_ f°fnor nnua,o Ei Evnrrw 1n*m w.• r0[-1 rv�a OFyG� r.EVYµ1 ioral+u ww.ls � ri rrA. FPOnwt� WE uMur.rn 1FysdµMR•lmws ,nuvy,r EtFWmk� EevFl�cpmux R.w PROJECT SITE INFORMATION Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps SITE NAME: CSTAM 003A SITE NUMBER: CRAN RLOS CSTAM 003 PROJECT: CRAN/ SMALL CELL/ PICC USID: 213735 / FA: 14823072 PACE: MRLOS051977 at&t POLE TYPE: (N) CONCRETE LIGHT POLE POLE ID #: SLC0796 LATITUDE/LONGITUDE: 33.613872/ -117,931656 SITE ADDRESS: CITY STREETLIGHT NO. SCL0796 AT THE NW CORNER OF W. BALBOA BLVD. AND 30TH STREET, NEWPORT BEACH, CA 92663 Cnt i in[M1.cAi [sF� _ pq rra�n.RW woFnaree ar eRrwa. Bi lm �4WRc5E$ eurcnuu¢be d u.Epla cr,yxla nq»I,cAet'fp x sas ,wx Lo--r�eFi�E mrrn �d•WiAr.r.CM trer1. �rii w'Pw'v'w �rrw.rxl. r0[-1 rv�a OFyG� e+rAR �laµntt nw DRIVING DIRECTIONS PROJECT TEAM Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps SITE NAME: CSTAM 003A SITE NUMBER: CRAN RLOS CSTAM 003 PROJECT: CRAN/ SMALL CELL/ PICC USID: 213735 / FA: 14823072 PACE: MRLOS051977 at&t POLE TYPE: (N) CONCRETE LIGHT POLE POLE ID #: SLC0796 LATITUDE/LONGITUDE: 33.613872/ -117,931656 SITE ADDRESS: CITY STREETLIGHT NO. SCL0796 AT THE NW CORNER OF W. BALBOA BLVD. AND 30TH STREET, NEWPORT BEACH, CA 92663 Cnt i in[M1.cAi [sF� _ pq rra�n.RW woFnaree ar eRrwa. rzRr°o"r' iireiiEi�iio l�+r•sirar"r't+�rvciirrw`"°'�`r�.c.°rirow.r ,urw �Errano EwreE !a .ryu ceA� x sas ,wx Lo--r�eFi�E APPROVALS w�punre�w n/rN N'b„�N ASF nolo rsn 5.mrwww.vEm r0[-1 rv�a OFyG� DRIVING DIRECTIONS at&t CITY NOTE 1457 EWNGER AVE. TUS nN, CA 92790 SPECIAL INSPECTION L ✓�'*E Fnrt:Wn[W i[rw,IM4+S lgw[C,�Wi - r- 6RKSSOH ..e�al•,rr•F.ur,owmxawr��r�wrtic.�, sm coulM�Hce, sTe. xoa IRVINE- CA 97692 CONSTRUCTION DRAWING �:— ==-K-•.1,11 woFnaree ar eRrwa. motif .1, °LCM4rIPN M•AVA� .nolEci µA+Ymeic rwlwr,<,ndc •ALY°rE1me![ ,M1�rvSr��. d1EEi 11��W1i_u !a .ryu ceA� APPROVALS Ya�uv *a ryerli.5 h¢w w+uE5c.5: - �: r.unmR c[wr,Eo ry TMs wow near foi.l.VrrnrER uGr.4f. +.e moor caarsra ..e rerwra.c +rFi leyN4T4 •xry,wcfeAfeTrlan • sV'y'AT.-T= T {E SF.EF,LIrHr ,a:i's*.0 henn,r..rtuore wanrlrnrs 1 +w. usror.wa�rEi.. unry.0 !. „uIT, PROJECT DESCRIPTION smEETNo] SHEET TITLE SHEET Na SHEET Tn LE d1EEi 11��W1i_u !a .ryu ceA� rtn [R-1 1ct °eul Ofxr� wNNf+°r µSHM r0[-1 rv�a OFyG� °.*E R/�X oqule�e�i olrN�s ,4A EtFWmk� EevFl�cpmux R.w EE[vAnxre rrr9wn mor rears w +eEnr,rmrnex ,rq•Pr(R Msk or,µ. _ DRAWING INDEX M SQUTARCDJ ++n CF1.c° . R.zxea E WmR EPwLr•enFnr SITE W- CSTAR _aom C rTY STREETLIGHT NO. SCL978S AT THE NW CORNER OF W. BALBOA BLVD. AND 38TH STREET NEWPORT BEACH, CA, 92863 .�rvEE* n,LE "TkttE SHEEP 1-29 17-182 m.�.�-.Gr�R�W,.u�� d1EEi 11��W1i_u �z aw�[ES��rn��rl5trrr✓irr o[.eEo.m /�n•rnx>N-n�. OR 5.Y¢ T-1 DO NOT SCALE DRAWINGS _J_j 1-29 17-182 PA2019-111 Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps 23;0 17-183 NATIONWTDE SURVEYING INC. 00 � at&t �� ]452 EOINGFB AVF NOV BMIBFR 19, 2(119 TLB11N,CAB2720 l -A ACCURACY CERTIFICATION AT&T CRAN_RLOS_CSTA11_0#3 OATCOFSURVEYi NOW. MBER 15,101() SITENAME-- CRAM RLOS CSTAM 5813 -_ RRH:SSOH — TYPE: sTREETl.IaLIT SITEADDRM-, CITY $TRY'1;TI.IGHT No.SCL-079Ii ]3p CtlMMEnCE. STE.200 IRVINE GA 92692 AT THC NO RTHWESTERN CORNER OF WEST BALBOA BOULEVARD AND 30Ti} STREET �n AR6v. I hcrchy cert ify shat the Iatilude nod lnngittulc of the fol low ing arcax art as fnliows: .., ehLl� •r..xAva GEOG RA PHI C COOR DI N ATE$: (NORTH ANI ERICA N AATUN11983) LATITUDE I,ONGITkJDE Exis,rINo STREET LIGIIT 1101-r .13'16'49,94'N 117" 55'53 .96' W (NAD 83) 31613x372 -117,931656 (NAD 83) I furl her ccnsI4 that she vie vulions; shown hcrcan ore Ahavc Mean Sea .L uvel. North American Vertical Doi lm 1988 (NA VD $81 _ rx.�E-0 ELEVATIp;VS (NANO 88) a �iawcp ur �� GROUND ELEVATION ft FXISTING STREET LIOtIT POLE LOCATION 8,82 FEET A.M.S.I_. T(iP ELEVATION OFEx1ST7NG STREET' LIGHT MLE = 36.10 FELT A, M,S,L, eec cua sEw.n TOP ELEVATION OF FXI$TFNC, 5TRMT LIG HTSE-NSOR (HIGHEST POINT] = 38-40 FL+RTA,IN,S.L. MEASURE HEIGHTS HFIGI-11' OF EXISTING STREET LIGHT POLF = 2T-3" A-G,L- LILIGHTOF EXISTING STREET LIGHT SENSOR (HIGHESTPCI INT) = 311'-2" AA.L. The horlxornal acmmcy for Illc Ladlude and Longitude is s 5 free. rhe vertiunl necumay for U1c Elcvalino is m I foci. The mnawlncA llaighl of the fealirms Wated is s I f tai, The 600grnphiC Conrdinnlu arc Dosed upon the &ate Plane Coordinale System of 1483 (NAD 831. Wltbrnia Zone 5 and wcrr estahlishcd by static GPS Past ProLwsing mtnhud, uUNYni8, NGS GPS Manumcals. The Smannct North Amcrica C'.O.R.S. "CALK" Neynbon = 366.53 Feet (NAVI} 891. Rk .� ^���;; •w"`^a+ SITE 10: CSTA14_003A Cit y STREEMIGKF NO. SCLam6 L] t AT THE NW CORNER OF W. 4'HARCL�II. BALBOA BLVD. AND SBTH STREET PLS A? F NEWPORT BEACH CA, 92663 LS 8742 EXP- 12/31/2020 snE ET n *� E 1,A ACCURACY NATIONWIDE SURVEYING (NC. M-21) WARREN ROAD RRI:RSIGE CALIFORNIA 9231k1 9M41.4235 CERTIFICATION �iEFi1MQ•ER T-2 1-A ACCURACY CERTIFICATION i 23;0 17-183 PA2919-111 Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps CI[II' A11f4,W -- .Ivn..r �+ 4;�Ec - • -* - ICwn II.1 Fl •VI - C•-aTIK +NIENNI [C FF":. 1� R•• A'M, d IIW TLV �n KW- MC ?110 W EDP WC"WO WFCryDEE*Q io Yr I WLE+•AWir[ M ` J 615E INi1 tMu 9A' AW Ti11+n +lAp 4VT NF .: M � Fpl[b'IP•tINT M1c M'olp. SM'µ pE W11ETTll r IUIMrpAIwNA• It,fn xlNl INRAVLi, iWNYf11F, arnPTEeN1Ci5 qr0 YA4p• NETS` T FO C!•YFSErF I� .IHnnp T>7p rCVa•r•_ _ - :Il•CrA. OFrlup MCV NN MSCLLANNS Aa +0C ON THE EAP,VAyAs �.. Iw att uwr yL l'A[AkLo s•Nx[cmY1 A441 6Y NLNFC. FAW Ce.nC�" 4., rAK >YPrY Wf Q KLWRLV�R2+M� • u[c.w� cMT1e -VNn WII - .•---.n- '4aEw IN.I. c tirr�u IR cv rW� 5>t7NN P4nR 0 Fpp[E Q MIA W11WL.c" Nn 9x+V1WPEs W- ttr 7452 EOI NF3ER AVE. e< L aus.T 1v 1nE AIlQO f OF ME rwRDNM.1*6 EnA 10 Ab TUSi]H, CA 92 TBG • may. '. o o . 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VRIR A!4 SrK'M 1.Mri [VNAeEV m f.E'w •Ierv;Amf'V� Ir _ i�TN3•MFLIo'r pl r� CFTr LCF IIENf k C, .1Ic_ • N_ IANT areLras s'3ILL 1rArn, IJRG[ nEs awn.1„ ullrRl .ry 11.... �Umm G N-1 ABBREVIATIONS 2 NEWPORT BEACH GENERAL NOTES 3 GENERAL NOTES 4 i31 17-184 PA2019-111 Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps %1k \M M.1P r11x/� PY8 Irc�lit J at&t NS V Irl} IS1fe. •� '— � � .� - � yg� '\ / :� fir! %J -TITLE REPORT ERICSSON 330 COMMERCE, STE 200 P �•i � 'Malf'HlE [f�+71f-GF-MAYI. INE SLp1=+ K °EFiGWFG N11w�li �g.`+.ff11''''rr11 Ii -E KW9 CF A TITRE 9EE+7RT, VY l 01 wy ONES 9,ON HEAC 9TIE0 PER %IA AY+'A I N gEtm �1rnZIQN WT:. NG ATTENIA �!!•, \ r = WAS NAGE TP CLOT 9FNr-N CIT +31NA+i1E11 ECEWEN15 OF -,Ma LWEi � f, t�+ �J LEGAL DESCRIPTIONi �`•,4Yj �..�. �{'" ry0: kRYNIBI: Inr.Hr-,T. WY,1117 f A ¢ a yd - , . ` .c � " % ' IRVIN E. CA 92692 M SQUARI(Sif \S'S S'ORS PARCEL NO. ARYYJ9IE IRA'd,1_TA•-11:Y, G', '`f ti '1I71IL`� - 0f�.ti.s MAILt S S '" ��"•a :•I . •.I t 17 •• �� RE}YCI1 MARK .If W 71ME NI)RiE! AAQWA Cµ145. -94e' �:1VAI UN = 16651 .R}," 94, +`yam L¢I f4Lik N AT 4 I.0 JO 1 S[i f +uw N�•a.-il 'Vfz�I,f, rA. pM¢i-!i •\ i �d ll y f� J D a fjJfrl u� o. a o-e�ro� BASIS OF 13EARINGS�• '<, aVF S a pHjft FX *Iw5 stWr K nu ck11aNNN �',I' 'rf f}, �! +10¢0iES 5151EI1 SU-, RSI, iiia 6, 1%, %kw. SLIHVEYC7HS No h \• r'` i rJJl 1 ^. ..ori 5 )01 A MMDIAlr 9VM) K W.-rT PI MAI lVC[ AND ThIIR :AffiWF FA'M N3WW AFC GER RMIT ASAELE RELVME➢ •;rLAMM11 AIR TW L(tiFMr ME APPNMWAE, CEWW, WDEN - fla EIf NFOo? " R+C KUYFIR Rita r,eroEv[T '"�" arr Im nw *+� - •s•+� 111 DATE OF SURVEY 15. 3Y7Y ­,r*RVA& STRELT LIG lfr E'OLr PROFILE � /". •� Slir lklnrl .f�1 / f 04 y\ •N ' CNAkLE�•L • CO" F NI. GL5 877 ,-•a .i.s. R LEGEND r CRAN RLOS_ CSTAM 003 �• ^•� •• � % .".� ws�'lr:+e'"• •� C,TY STREETLIGHT NO.SCL0796 ,\A.� r�0 r� Mr r; „y cc" •� ;y ,w,aw ,f• r ,rrw.y " �pT, .� �•� ,o �• AT NE NORTHWESTERN CORNER OF WEST BALBOA BOULEVARD AND 30TH STREET Y r • d.rgi _—T CRAMIK SCALA- �. TOPOGRAPHIC . ,S �• ff llT ly, SIAI[A 4 i0 ❑ �¢ n s Ul VIr.rI. wiu � `rlit � � 1° '•s - rm Mn SURVEY ;ryEST N.,�rs: C-1 SITE SURVEY i3� 17-185 PA2019-111 un,E 1.��ilwE..OaS+n W.�r m,v •r,P�tT� lLcnxaus Prrion rcµr r�y,5rp, Aa, enlau,:igr0 Hweea s �l ea >rsiu rEn ix�rx.[i 6Tvl r.��dx of E[EE1W 4 •ru�WwwwLq T.Er6 ewrrexr aiwiet nwau rowrw�xam.o a[.[ LM 1 MP��TwEa �yryaWnvapq�MG Wl,i ­T*aGwwi vix iLE ..w ti5lr+v Mt2we PxoTE[T,IiE E.rsnua P.w[gAv u,vSmEn *xEESwPuts WMEI� RpypyEp EW wywu¢er [aeTrsuci�.,y., clam Eur.�e yy �pEra,Ly sHYl iE r I,ln,A[(pr4ryrrL 5[crvW NtWEEx� xrg r„nrriy xQ Mw uf.rp.r: uq vYrW e arrtn.rlc.m-,nre�rnarwn.w.xnr lna�rn.f nnu A SITE PLAN Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps INIm�vC they INI uE �waryQlExw,el JM RTli•-.e_ f Iwl�oumPoau[i�� � +� IlI WI AUE,s,,..�� wr IlinvmWAr,TeM1, IlisP[WWEt rvl•I I I tPK_r� E:rLt,v�E 5i.11„rEttEME 34TH ST. � n ^i w I t I n,ra.rriaoenwm, �•�, s I T+I I � I II I �I 1N! rip; ro a .rs*+Esu //r BLiW Uu➢[ fvx AihT, Y ^ IH] N/� FrNill 1A,4 r' nw rr� r+n rlumlue iv MI to C" L rsunxHr re* •fm I MI �"" 41, I -• jry1 WG P,Qp vw � •Y :OHCrciC SiAFRI.GwE fe[ Iryi [RFA ,WeuRf R, eF I Wf.Ub Ru1N' LPM[ ier 01ki a .r 6wEln! ur.pEll sexwTL rlirY �r `` —f. fD •'m pP xF+�i 9FM:e GE�STEr-- �f�S•. � srrxpn,cM IuwT.el n; eE ncwnm • i. eowu�crcvrr'r!Exn.a•r w� .In -- 30TH ST. ` c�r.Tnx; Euc+wr �e-+wt�a.Esw ENLARGED SITE PLAN -. i'° 1452 EBINGER AVF TUSTlN, CA 92780 @RICSSOH $n COMMERCE, STE, 2QQ IRVINE. CA 92642 WIRE LE55 t.e} C�LaL R��v2Ava W l Pa.w,[ pnPavnO R,1eM >� PNLvQrFP` Pur.oucr.[cn�r E 4Mvn,v o ,mmo,P srrE lo: CST t.isfwG �� 3fEu LI { _003A CfTY STRE ETL IGHT NO. 3CL0796 W woW j t, AT THE NW CORNER OF W. tP BALBOA BLVD. AND 30TH STREET NEWPORT BEACH, CA, 92863 y ry—E ' Pr,oPwEv 'ryawwlsaw nwrrn Fury IE ET J-J'EP o.�e oanrn,ro yyeSL,rle,.!n lP�r1+IM ArLf, I I A-1 I 1 f uear,c [,L�Nrec sees„ rucru� � L.LMS } ,' q+a�4urw,TlQe,ellE ua! • �m � I I �l�I � +I II I . , [p '.liW nrl.W�pKi.vOHlrltl- YT Wfv rulpPq�y e, Ai[T, � lAslli,c 51 SC. ••�E iNf-�[ wG,rwTu-_ ; waaenA — .�ure.L •ae .r_ -.r e r r � n ^i w I t I n,ra.rriaoenwm, �•�, s I T+I I � I II I �I 1N! rip; ro a .rs*+Esu //r BLiW Uu➢[ fvx AihT, Y ^ IH] N/� FrNill 1A,4 r' nw rr� r+n rlumlue iv MI to C" L rsunxHr re* •fm I MI �"" 41, I -• jry1 WG P,Qp vw � •Y :OHCrciC SiAFRI.GwE fe[ Iryi [RFA ,WeuRf R, eF I Wf.Ub Ru1N' LPM[ ier 01ki a .r 6wEln! ur.pEll sexwTL rlirY �r `` —f. fD •'m pP xF+�i 9FM:e GE�STEr-- �f�S•. � srrxpn,cM IuwT.el n; eE ncwnm • i. eowu�crcvrr'r!Exn.a•r w� .In -- 30TH ST. ` c�r.Tnx; Euc+wr �e-+wt�a.Esw ENLARGED SITE PLAN -. i'° 1452 EBINGER AVF TUSTlN, CA 92780 @RICSSOH $n COMMERCE, STE, 2QQ IRVINE. CA 92642 WIRE LE55 t.e} C�LaL R��v2Ava W l Pa.w,[ pnPavnO R,1eM � ESSr A�¢���• F`Wy,WpaEY A o s 5a T X C1V5'- 6FCALIF� >� PNLvQrFP` Pur.oucr.[cn�r E 4Mvn,v o ,mmo,P srrE lo: CST t.isfwG �� 3fEu LI { _003A CfTY STRE ETL IGHT NO. 3CL0796 W woW j t, AT THE NW CORNER OF W. tP BALBOA BLVD. AND 30TH STREET � ESSr A�¢���• F`Wy,WpaEY A o s 5a T X C1V5'- 6FCALIF� I3s 17-186 =r srrE lo: CST t.isfwG �� 3fEu LI { _003A CfTY STRE ETL IGHT NO. 3CL0796 W woW j t, AT THE NW CORNER OF W. tP BALBOA BLVD. AND 30TH STREET NEWPORT BEACH, CA, 92863 y ry—E SrvEE�TT�IE SITE PIAN IE ET J-J'EP A-1 I3s 17-186 PA2919-111 Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps �3 17-187 ro� . kv�•cWridi�al /E glsgrvpry./sDa %N��kEOLUHAve1 µLrgw[EyKUEpe»wa io w.rpllpr�apn¢TE �iv'`�, s.wn urprr•ne rnepe Naner wen cwrncr wra, a.ui wrrn pcwva.c. EwNoev. r�rarwww rvxeas nr po cas, m,pe � .e.�rea�wrw.wn :.nieo. xrxue rn*r MI E�oLwp.we �� v*w .mom at&tveo�rtroiee���Tsrv,.�./wo-rc r..a„oo. �:awms aw.s. uuwoc � enrfwoeaur.rep.0 on.uaE o.F r.resis¢ei Eip.rvq,El umwnEo � 7452 EDINGER AVF O/.s.r •6bC« TllST1H, CR 9260 01-0 S :ru:T @RiCSSOH h .J Sao CDMMeFlce. $Te, xoa 'L ��� k ttw rY'iiTrlas ssadrp ---- IRVINE. CA 9202 —o-,] � M SQUARIQJ WIRELE55 r.n c�LSL xrnvzxvo 'EY P. �.. INV /usytr++ MdP�kTseGf�P ^E , oral 4 - uEapscsa E 4aLOMu art. 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CA, 92883 ap�xq µwig' f —n) • -• SrvE L" r'� � E �E w' � f u rafiaEan.o w v ELEVATIONS •u4 rywr. 4. �+!ECi •r�,,v n p1 ttcXaNEFT.nnwnvv. =i11 A-2 EXISTING NORTHWEST ELEVATION _ 2 NEW NORTHWEST ELEVATION ; ?,e�—_',�o• Y /— �3 17-187 PA2919-111 Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps 135 17-188 "ou.r..,csow.�=f..w�x ie.� raano.aarr�w�e ns��x M1:aear�w� � Lcoo. at&t � `-bE�uxip�jEET�yi�WLAEWWC W rFN4ow Ca44tl Mrts iWl6c CITE' ca.rlu,ercA niaf ewui naroaE v Ewrrv¢ a*uEEr �wwE op.c. uvnvartEo 10.52 EOINGER AVE TUSTIN. CA 92700 E,ocmirr,* ERICSSON i al»w crew 41-4 av+uv 330 C OMMERCIE.9 602 200 IRVIHE-CR 92G02 Y MAIMIIK FLLI! � WIRE LE55 11�T CALL! FVFNi,eu 4 ✓` A'9ate wdr+p+arlussNo.wa �TMln swy .�vn�wnrF, ExrrwY I� o�Ke9r E tY Ve,b s�Lin,yrgryT.p rm,0 ooe cna.Fu�t,aY Ilk w. Y�fiL11 tX.J.IN[ YNNO. pN,INte u„l ¢CA'L�r u S lE I I–E QpIIF J/�ST6lr.iPrr W.mMi—VN FE.,ryibf / PEEuu-n �B�'A •il �/ nF�'wncswr,Fna�e"irt„i �' wvaWFVa 'ri ., _,rrrt arae�,mf ie:: i� r"E ' 01' co».Fcrwn Fo�La7 iwia �racra+ca�na+i �– ��rPeeiar Frai), 'AY a[[i z, Prx+fY.e,YOavEts ,xl I-EEr.wuerwr. I- - { CAG�� L SITE 40- CSTAM 003A WME—R } , _ _ ( _ L E rv.r,r E–E '�- ua.rEFr wrNau lni.�F —�• 6 r,rac c¢Nour CITY STREETLIGHT NO. SCL07% AT THE NW CORNER OF W. BALBOA BLVD. AND 3r)TH STREET NEWPORT BEACH. CA. 92863 wrla:r�I�.�'r,.i*r air ro,e. a.,• � SrvEE� *rr,E WTk N.rAMUEMmMi�LONb¢Tr ELEVA ae[ra�73ONS STTOY.T'i' r srrixa:sn arE¢ iiE E' YUL,6Ei• A-3 EXISTING SOUTHWEST ELEVATION ;; :"= a ; 6'_', ;- '�® 2 NEW SOUTHWEST ELEVATION 135 17-188 PA2019-111 Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps X36' 17-189 S at&t ]452 EDINGER AVE TUSTIN. CA 97700 0— EI EN 330 COMMERCE, $TE. 2p0 IRVIN E- CA 92607 M SQUARI(M, f1/f CALL[ AYANi A00 W10.wwT/ w9aif a1N 1Yli� J r - l ,4'7- IT1� SrrE ID- CSTAM 003A CITY STREETLIGHT NO. SCL0798 AT THE NW CORNER OF W. BALBOA BLVD. AND 39TH STREET NEWPORT 13EAC H. CA. 97687 i EFT riZF Si7E IMAGE •yrt rT-�r•,i[v A-4 PROPOSED SITE LOCATION LOOKING NORTHWEST X36' 17-189 PA2019-111 Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps AVAILABLE FROM E%GEL SIGN AND Dr; J L h4lArrw,wen¢ejalgM..camfhome.pnp7cek 1135 RWa CLICK ON AT&T PH- 510-851-134 ' 'For I C-18 T %E NOTICE -For 1 Foal Oistanca- VINYL DECAL WITH AdHED51VE BACISING OTIC RF•t-gy"&ad ey lrif d4 6 may ottale Ine iGCs p t—liplow prpyive Ilmiq SWY.1 foA.l1 feel awry Fpm N� fflo +A. Place 3 NOTICE silcker at the boHom of the Rant ofthe radomS oI each antenna.- ]'—� � 4M- - '� 1 K._�..� 'S�COMMERCE. _ - `"' ' - - � ^�.d � o- 1 at Yt&t 4 ` 7d62 EOIRGER AYE TIJST]H, CA 97780 STE, x00 IRVINE. CA 97697 M SQVIARI(D_, :wAaP.."" `.'+e"nYs"."`.".`.° OMNI ANTENNA DISCLAIMER LABEL : ;`• 7 ERICSSON - RADIO 2245 14 GALTRONiCS OMNI ANTENNA :ii• ;' i i ''��II w. .c .u. FRLOW RACK SmE E 1t0Eeere AeE.T..L+u'RA 9 m e +eOFV.aTncio�• • ti+*N•. r� -crus_ O A. Wf�"'1 �o Glil�l enTEfUrED.w-::-- *Ww�•w'•�•x•ri aroma w.nx o•xnwoi.� SITE lo: csTAM 003A _ CITY STREERIGHT NoSCL0796 AT THE NW GARNER OF W. BALBOA aLVo. AND 30TH STREET NEWPORT 6EAC H,C A.97887 low _ Mn. ucmo GM1�FEIw�R Ri IMO wAv+3 cw+l +`..Kruii. SCE UN -METERED FUSED PANEL : -- ": 8 RAYCAP D#SCONNECT , : 5 ERICSSON -RADIO 22Q3 2 :WMF-D ni. [��Ei+LNG 1'f' — -- r COVER FEATURES: • STANIMPO LOAD RATING i9." U115 VMEES Et)A9 ON ra'.Z PLATE • 2 aOLT DcWN LOCATI043 STAINLESS STEEL aOX INSERTS •POLYMM CtlN MYZ GONFTAII,'SIW .NPH -SHIP gLIRFAe.E STANWQ _ .` LIFT P" IR PLJ •P1NC III BE EMbpS3E6ON COYER • r_ . AmRDXi ATE M'EIGM �- � - It f1000OAUS tr PLj — .- :- -.. D. FET. °- I p'�' • TIF PikYMER COHGRETE GCNtSiliUCnPN RECESS t1 PLI IUGHTNEI[1HT$� . STA"AQLE FWT _ �WANDARaI APPHO% WEIGH fee Lee.f 'rr •� •• YB EL _ ! PLEA R PL EA EHOj I 'V faR,+PFR4Vfo EallALV � �' 4 _ _ r� _ ` �� � TOP .T - BOTTOM " 'r a •gxtc SnEF�ii•�E DETAILS FRONT ���c[i •�ww[r: o-1 AT&T MOBILITY FUSED DISCONNECT '... '" 9 HANDHOLE '•`1;'• 6 ;,, . _ 3 EQUIPMENT SHROUD"' 137 17-190 PA2019-111 Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps 13g 17-191 1 rif# :XAW6 'W fA 0AWfV5 W M ROAM " AUL[ 6T 1FSFALI F& AUAA14T ,r � �n,wonr� � /�iT of 00.437 AS= W n2 Ein ; ew ur rj;F*7r *� a" t hfl'-WpTYr9 t fy1,AA'r IRTW 4 0l R NIAR,C LAZE M�IWfF !v 11K;. EY5115T: CAC! fA''.}1Ta[N FY fS.41q aE' i!'I. N. „v.9r==[ AWts++ hL GMWIf :yulEEp `v AWWULAND �� M �ViLL � A 4�� CLYD IRA,W'6 RN7 PAIEAkWF WA01'6 61 41',Pu L THLW TIE REAM, LAM fd'lf pE AIE '01002^7 AOKR Al 1Ik Ej$Di15 HiaF OF W,Vir QP CIA& P in 18EAO, WM r+`cnii rTnAnF. "Stp, Irtir,T 1452 EDWGIM AVE. 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BALBOA BLVD. AND BOTH STREET NEWPORT BEACH, CA. 92663 - CITY OF NEWPORT DETAILS :"EIF 1-1. 0-3 „L ms2 �3q 17-192 PA2019-111 Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps 14 0 17-193 FOR REFERENCE ONLY aw ��• EOIHGER AVE. LEOTEK - L(QTK Gr Ce6ri"' Midsia LED S[re.= Qgtit ' Bnmcoka-eawoft LED 5E1wr Irght �a� GCM Hder:q fycr:Acr.•en om lerM TUS-nk CA 92700 GCM N•s.nes sw r ww v.. a a. Ew.�e.ee . 370 COMMEINCE, STe- 2O9 S j �•�a:..r.r��..w_ _ "�,"..'�. IRVINE CA 92692 M SQUARI(DJ 5 .rr,r� --.•-�•.•••••n 1111 VALLE FVANZAPO .wua.newnras.o rn: Am ix �w.•LwN[R e 4'r imaccwc5m.-moi eaarE � ICK Ikve ohrz- Middm LEO Street LWn LETEK Gr—[e M' Midsim EEL Street DSM �.+w•� w•<ue<1wcr ecu MIL owc Im wrr GCM 14$.+iK Ser.urWM ow Mm '^b1Q' GQJI i[-S�Ci 1s.a�rwa•.ow f..n v M=e "ro 'WE JD- CSTAM_003A F"" '�`ip� n«ny ww. Mr.�..r. CRY STREETGGHT NO, SCL0786 ' •"' AT THE NW CORHER OF W. wZ t BALBOA BLVD. AND BOTH STREET NEWPORT UEAC H. CA. 92687 LUMINAIRE SPECS ...._ . _ ..... _ ... __ I.. .. - -E[r •r��•u� D-4 14 0 17-193 PA2919-111 Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps FOR REFERENCE ONLY 4-L �9idAL ANOIGR BOLT3TT [4] 7• i W a A7 AN9HDR eCL1S A41M FIM4 07,75 cµyA7alo [Ppt 49aW OR FTT11FyALFNT BY I '� GRADE RBnp1g7 FTWNDATIDN DES" t9 EY RM1IENS. 9PEgF1C FOUNOAION BASE. ETML }_ 0E51G15 NAr BIXT NF1 T'T5 16' OCi, lois lr�IA"A�au-}� m 70' SG- [NOM-) r 71 -i /2• DIA BOLT CIRCLE ASTM 536 GAr,Y STI. 9-12• A 1/.F' I.O. CCN0IAT EH Y .. 7ABPPLA7E DETAIL POLE DETAIL REV. I DATE I DESCRIPTION I DRN. I APPR. 'F' LEVEL OONFIB CODES "F' LFVELCOHFEI FODES OPTION CLASS ENTRY (NFO_ [STANOARO M0D93 POLE TOP] "'POLEIAN7ENNA COATING I REMOYA&r PLASW TOP LMP W" (A� 1/7'-T3UNC d Y -3/A" LG. CONNECTION 16 BY FjNIsH [P} f/l -1atMC n 1' Gc. S.s. YAIH 12" UL E PTNR>S-` NONE ALCY GP 5CREYIr TDP "1 1L1 BE ATTIy'HER YRgR ANCMO'Os. ANGHOI+' Y W APART ON A 3-11/16' M 9T1Lr CSICLE &34ZOE 21" TD 514pWFT M0093 CA_Yi IN AAOD O."'r, O. s 67" T.C. 5YRUC. MOO 0DM1M NOiE B SPL POLE l.G AN A AN0 9xpgU0 {BY OTHERS] 9,=K DOWN AS 5HBNN F' U-3 POLI WP NITH :1-E/4' E T/4' GD. 1.11 TATSLYIAY /j ((MMOD27J (1j 1-1/P• 0M. fAPERa LQ 34• A a' 3i * T• CLEARANCE 6 POLE TCP DETAIL MIRE w220' CONFORMANCE WITH NEC CODE TO BE VERIFIED BY CUSTOMER 1/4' REN! COVER MP) `� 3 PwrATBESSTNG gJ1Tg AT 31• BELRTI PRI£ TOP —SPECIAL ' $TEFL 5 ASTM A-A21 ;; UGDkM ia"N09-mF1PoONi01 k -51V WALL (rn,7 042 CA- SWRAL STQFL YSB[ AAryT r R" ASIR A-1064 WOLNIINC! HDCHT + ! E1pF 5TFF111ERLNIDEOiO n�lR.Fr MITE ASTM A -106L 29,-9. (Tpµ.) lei �, {N9RRT.TM3 S 14ANDRULZ k ORCH I.Q. TAV 1p(FAE M .TW Npp'RBsliT T IIE BUMAN BHT •BUVE POLE OREiNTAnom BOTTOM 0M A TIED 10 iEPEMN MARE AT THE TOP OF DvBk4LL G sE THE TEN" RING POLL 79'"3' yR' POLE BECTON DETAILLENGTH BANNER SAVFn ARM5 PEONkEO HANOHOLE OPPNHG [18'-D'} $WyAT;AST, rATN AL{pIPIIIM F ATI LD1'FI TB T17 9F ATTT PAEYTRE E PO C[INWiETEPOTE AM (TQ SHIPI[]Iiy- 3TAYRFAG Isro7 DDRB SWLYIS A%54�,' -1 i % r AME90H I.D. TAC V 9- 4-L �9idAL ANOIGR BOLT3TT [4] 7• i W a A7 AN9HDR eCL1S A41M FIM4 07,75 cµyA7alo [Ppt 49aW OR FTT11FyALFNT BY I '� GRADE RBnp1g7 FTWNDATIDN DES" t9 EY RM1IENS. 9PEgF1C FOUNOAION BASE. ETML }_ 0E51G15 NAr BIXT NF1 T'T5 16' OCi, lois lr�IA"A�au-}� m 70' SG- [NOM-) r 71 -i /2• DIA BOLT CIRCLE ASTM 536 GAr,Y STI. 9-12• A 1/.F' I.O. CCN0IAT EH Y .. 7ABPPLA7E DETAIL POLE DETAIL REV. I DATE I DESCRIPTION I DRN. I APPR. 'F' LEVEL OONFIB CODES "F' LFVELCOHFEI FODES OPTION CLASS ENTRY (NFO_ 0PTION CLASS ENTRY INFO. COATING I MI% BT HH COVEN 4M14 FjNIsH 3 DOOR SCRS S7O COLLAR NONE MISC. MOD JAMFE NOTE 7 BASEP"TE &34ZOE 21" POIi TCP CDN. M0093 CA_Yi IN AAOD M0077 5YRUC. MOO 0DM1M NOiE B SPL POLE l.G YODBM POLE POLE OVERALL. HEIGHT BOLT BASE ULTIMATE POLE DEEIC- PAA OLELFJAGTH CIRCLE D.D. C,L MOMENT FM:7GHT NATION GRADE (n. 16s.) (I75.) 29'-3' 1 29'-6" 21" IT 43,SQ0 1,650 DserlmlFFsrTnEL cLAF�SgLA1111TA�IOLrDYIl:TT5P1 )1t �r TSP aP Ir�x 4u�. f4}1' %]f' 1!' l8t E6 AXCNdI BOLT* IPAI iL0ig6 1n M81 BLACY. 1 WHITE, IDEPOSED AGOREGA TE W MTPq AMtRSH1E1 R ANTWRAf PM COA11N4. 2 AMTMC-T5UTYPE 111GAA10CEMf%T. a. fc @,'ffi DAYS. lAw PSI, II&MG SPUN CYUMCER InT A. FC �A8 DAYS= 4.M PSI, USING A5TM C31 f YAPEN TEST N. POLES MAN U FACTORED FIER ASTM GSL 43SPEgFICATDm& C. PNOIFCTIVE COAT FKP08E D P.C. MR ES AT POL E ENDS i. MODFE•. POLE ROrTOM PAORANATION FOR FR MANG OR CORROSIVE COASTAL ENVIRONATEryTS; EEE ROCUKICKTATi 9. MODDO COAAOslON INH161Ton LU NMORIFICATKA Q THE PULE REPICTED OIN MM UUMN0 IS GE&GNED TO MRTN5 TANG TH E WADS WANTED ST 111 ANTENNAm ROOD LftT to E%CEED &1511. FT EPA Im LB.5 TOTAL]MWNTER AT THE TOP. 411 5TXU[ECLAW ARM ASSEMBLY R(DT TO EXCEED e'tlFF5ET.265tr. FL. EFA, AS LRS EACH}AIRUNTED AT W b-0 A.G. WI T H THE ARM NOL DM A SING LE I "MMAI IE WOT TO E%CEEO 15 %G FT. UW K E B5 EACH} [1l1F0 PARILWO gN:H [NDi T❑E%C TO ELOFf. FT_EPA,T EU5E4 LAI FACHE 2Xtl HIGHER THAN 7'� T' A C , [ ry 3R" F %9" BANNER;NpT TO EMCF7; 0 5.q &A FT EPA, IC L68 TACH 133 LPAD IWARTEDW r, EN I FRED NO NIG HE k THAN FL'4r A t. A5 RESUMED ASCE T. N U96M A 114 MPH WINO LUNE (SA = 1.701 51=0.6791' RISK OATEGORV 46 N IN-OWL-D"O &) RI rCTURF, ERPOWFIF C. WE CLASS D, SURFACE 1141H:NNESR C. NO HILL NDB ESCARPUCKT !'ONBIDERED. PLEA&E CONTACT 4 ADVISE MANUFACTURFR IF TK INTENDED LOADING EACI:FTIS THESE VALUES. APPROVED BY DATE 1 M -SQUARED WIRELESS NEWPORT BEACH, CA IGB06XO9.6SPL POLE WI S' SINGLE CLAMP ARUM ASSEMBLY 1Hf iCa T IXTeT,. IraVWtON Y , 6 PA[HOF FMT 10 NA11dYL dLNeu r . IF 41..41.&1 NE IQpr.pP ' E16up w Dl IA wvGNf 1AIHPlT nE P i emn F frf NATNNAL m1 M1,,IGa. DRAWN_ K,B. DATE: 01/13/20 A inepo 1 SCALE: C N.T. S. DWG. NO.d 19 REI at&t Yf 14'52 FOI NO EN AVE T1ISTIN, CA 61760 6RfCSSUN 339 COMMERCE. BTI- 200 IRVINE, CA 92692 M SQUAR(W., ..N TPJP9mA [[ a1t.P. �A Lm�Q wa.P1�1 ITAa. GAsraae_ F 1¢xaO.E Y LMNL WIV n ,P.rR1P IaPaomFNlrmP. Mims ur I1nc SITE 40: CGTAN_R63A CfTY STREETLIGHT No, SCLO796 AT THE NW CORNIER OF W. BALBOA BLVD. AND 3GT4 STREET NEWPORT BEACH, CA, 62sC] •E';Tn*IF POLE DETAIL S .i1EE-1i„�En S-1 141- 17-194 PA2019-111 Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps 1-42 17-195 FOR REFERENCE ONLY a t M ��- f-0S��pINGER AVE TUST IN, CA 92760 X0.44 THRiJ X0.83 TYP 4 PL. REV. DATE DESCRIPTION ORN. APPR. � v00.75X82�� 09.50 SOLT CIRCLE FOR SHROUD ATTACHMENT ERI�ssON IM COMME RCE, STE 200 fRVfNE. F_A 9740: 00.56 THRUr �-30' M SQUAR OJ N/ O0881CB2 ° 30* W iFEIEci 1 f ♦ ' � 90 I 02.50t0,061D ' \ / ' 05,13 BaLTCIRCLE �" (FOR USE WITH M0094) MATERIAL: n oIlr A36 STEEL PLATE ,, .� E70 WELD FILLER ,�, •.•� wx =c�r.r,. ,, 00.44 THRU ♦ r GALVANIZE 13ERI STM AT NUTS V 00.75 X 82° MATER IAL CEA TI RCATIONS AEOOIAEQ +,y 03.69 60LT CIRCLE _ .-•f -• (FOR USE WITH M0093) NOTES; f. ALL DIMENSIONS ARE EXPAESSE0 AS INCHES UNLESS SE NOTED. 2- GOR Elft AND FILLET RADDI TO BE 1-a2' UNLESS OTWRWI.SF 03.50 BOLT CIRCLE NOTED - 3, MBURR ALL SHARP EDGES. (FOR USE WITH MO038) 4. AFTER FABRICATION GALVANIZE TO ASTM A123 (RO, 3 3) TYP, ALL EDGES 5- ALL HOLES SHOULD BE CLEANED UP AFTER GALVANIZING D.50 6, CHASE THREADS AFTER GALVANIZING 3 ) 7. TOLERANCES FOR ALL BOLT GIACLES 4_06" & TOLERANCES FOR ANGLES ±1 " I TY -Y T� NY ILU 1-u TOP MOUNT ADAPTER PLATE FOR USE WITH COMMSCOPE SHROUD FOR USE WITH ANY AMERON POLE WITH MOD94. MOD93 srrElD: GTAM-003A c+Tr sTR�erLJcrcT No. SCLO796 Typ_ 3/16 OR MOD 38 POLE TOP `.m"�"°"n.°w Ma °�p.v AT THE NW CORNER OF W. 314"-10 GRADE 5 NUT�.���bro a ," m"nx°K•ra�`.wm�ivwc rx�m BALBOA 0LV0. AND WRFl 51 gEET NEWPORT BEACH, CA, 9266,7 RAWN: KB DATE- 0801119 -117 ' SCALE DWG. NO REV. APPROK WT: 15.0 LBSN.F.S. 56248E ADAPTER PLATE DETAILS I - IEC I .. 'W -I S-2 ADAPTER PLATE DETAIL 1 1-42 17-195 PA2919-111 Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps FOR REFERENCE ONLY at&t -_ .- 14Sx EOINGEri AVE TUSTIN. CA 92 Tao JCK4 SITE SCOPE: j T 4- HF S • WFR FOR AT&T TE #CSTAM 03A, {: q��7�POLE ■ TRENCH A BE HIEN. 5' MOM CURB FAGS PER - i FRaff F CITY STANDARD. • TRENCH SHOWN 9' FROM CURB FACE TO AVOID RRKSSOH >i PLANTERS IN STREET PER CU5TOMER. x' ■ CONTRACTOR To iNST ALL H9010- �• CUSTOMER TO SUPPLY & INSTALL FUSE SPLICE ,t+ �� ]70 COMMENCE. STE- 200 ERVENE.CA 62602 I F17' gr i EX: si �Sd4H �Q �,' 1� 8Dk [FSB] 171t3tlX15 FOR NON -METERED CELLULA H901A TO H9018 a �SERVICE. INR-12-1/1)I C CUSTOMER TO SUPPLY & INSTALL C.O. DUCT & EP{t OK BGTH DIRECTIONS CABLE DI{ EC r tiY1"GARS H_6 OM FSEI TO H901B. �, SCE TOFENERGIZE CUSTOMER OWNED CABLE UPON M SQVAR�5 }ti 1 r,'\— DUSTING '=/ � 1 CUSTOMER COORDINATE IM1Tt CITY FOR REPLACEMENT OF CITY -OWNER STREETLIGHT. EX: 75KVA 12KV 120/240 1P II Pi x EMETING CITY OwA `P IN: 723- ML 2-1/0 I-2 AL 60V MP PLEX SLC0796 AT&T CONTACT: TIRZAH STARR (502)-4$8-2704 w Vf'TR Et ESi 14yap:."u w•M2.: `.w Cr-, 117- LTA DUCT 2 1/2" TO 4" y x TIRZAHOMSOUAREIWRELESS.CDM CF: 117- CIA DUCT FOR EXCAVATIQ4 Ch 1- S HH CONC 17'k O'YL24" q2 _ OR 1- SS TAX FXCV CST FOR BD/PAB/P9/PWFJS8/SDE IW I- [xAII BAR INS LT DUTY #$-350 TP d~hYAY co WJR3 ' �!- 12ROP05E0 NEW.LOCATIDN OF CITY OWNED STREETLIGHT ❑ c uareere rrr: r.:¢�� b e "qwe. _ � wx ' Pc>c�r�• ,we" uu.o.Mu EDIS(3N PROJECT REilUEREMENTS (YIN) NOTE: ALL ELECTRICAL OUCT5 AND 5TNIICTl16E5 WIIL EF)ISOi EA.E►IEt7T REQUIRED cONFORM TO GENERAL MUM fI28 (RULES FOR T� AMO COMLYNIWMISS PRf5F BY THE cnNSTl2A140 of uOAT RUT RESO ELECTMCAL THE PHRO 89 REQUIRED Q FINAL D E S I G N SCALES 1" = 4d M1 f PUBLIC OF LIG MITIES COLIMIS5ION OF THE STATE {JF, QyL p�JLy �K 0"{, DER Q OF GALIFpitr/IA. JANUARY x006). PERMIT REmon ©r UNDERGROUND 5ERVICE ALERT G w APPROVED FOR CONSTRUCTION WARNING PERMIT TYPE LANE CLOSURE Dfal 811 WIy, 1"0A P, OF 9mmIFR THE EACAyknR WISE TATE YL 6rEPs EomsyA" m Am COSI USA 33 - HUNTINGTON BEACH m 1 1529-41f4-6772 !'MlE 944274-1776 TiMA1S, JAN P. mN1A N n uNAENrnaa 0 rA antis NN H w7 E9rtT r OUTAGE REGI IKEA © Fa undo ground Lucgt q AR I T A9 NG P0.66 LT -f \YSOC OESW MLMY TO FEIIiW ON o.IJAUF 10 r. MrL A SE AMA 2 WWJkJn goys Bnfw• You DIq TB61260 2763894 1627173-4NE E7ITENSIGN SfTE ID: CSTAM-003A CfTY STTiEETLJGHT NO. SCLO796 ry� THE WCAIM ELCAr"4 OF FTA UIEIEIi'RGM FAOLM OUTAGE DATE-. TIME - As PN yw' AYL M01 :e 6E Amf"IL 1671fWAr RE "SfIFJiO i21CV f1NAL I1L1F"A"M OF our LOCAUM NO 9Y = IFT.L.M. DATA: >A✓9 r nNn16 LTloc PNOou�-� AFNAN T6 oAYAL1=C FACU9E5 6 1BE 1�.9'tl4Blin' 0: TiMUM TRAFFIC CONTROL RFOUIRM Q SIZE KVA CUST 9 LOAD LAFAYETiE I PDT. TRAFFIC CONTROL R£Q'D Y ' 'r''p 26-1 ❑ A^'G No' 090Po� OWM+VTHW IVr_kTl9m © E#ST. f�fQ'-4 5>� Ian AT THE NW CORNER OF W. - AT&T $1GSTAM 03A BALBOA a LVO. AND WRF! STgEET SCE Inspeciion CONVEYANCE LETTER REO'D ❑N PROP. -M- �1 4 _M i &�2'Z 201 30TH 5T NEWPORT REACH, CA, 92667 Contort SCE 46 Hours Ir. vd­ENNRONMENTAIL CLEARANCE REQ'D[aN VOLT AOE DROP: 0-22 NEHPORT BEACH. CA 92663 '.EF•n'ic far o PrrCwlimctlon rn"tir.p FUCKER FACTOR: NTA F 11j257i9 73070 EEt•TiYd 6HIO CSU IAD REVID and/Ea Inepgcthn- {TUA) ©Y Email: NDPMOSCE:COM PRE CIRCUIT: SNEAD 12Kv rwE aATe APPA05F0 ar o om1 er CRAtWI er PAX - 1210761-0,01 SCE FINAL DESIGN Soutkem Cdiforrrw Edlann Company 'E ET •4 Byrn SCE -1 FINAL POWER 1 143 17-196 PA2019-111 Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps FOR REFERENCE ONLY at&t I11? EpI NG@R AVF TUST IR, CA 92790 LEGEND OF CONDUIT SYMBOLS TYPICAL HANDHOLE INSTALLATION LEG£NI] CODE DEFINITIONS SEE UG5 HP 205 TYPICAL CONDUIT BANK SECTION (CONVENTIONAL U. G.} U - 0.47WOZ CIeYRACM OP&M: IMMIU S "M AIR SEE UCS CD 120 NSTAm aY APPLPAMi AT MIM apeff No at am TO EM9k. iEA7Rmc 59E7 LIGHT Q1CTR1M 11ai R EDISON —'�R� ,wnnl arsTAUELarEI$phSc¢NRACTLR.) S@ - Wsr01ER OMWICThR 901M ■AUW FW00 RY$rAJ O MO, CONN" REDO, 5iE t1P [ANLUri So''' ONMl1 An WINTOM By ARKMSN11 f F.RICSSON IM COMMERCE-, STE 200 gc111 110_ LENGTH GG CONOUIT RUN 4-0 6 - VATWN Wwnk&cW fUIe1%RrL 1ATFALAM5 f11 R! 0 MITI O N51ALD OT APN"t AT MCANTi uni c ANI WY IK IRVINE. CA 92602 OFfml Tv E99a1• TRENCH � W - fnSfAl>_ eA.TAWS rLa1gR AN ■51ALI0 !} lPFLASIkT IF 1y!- 7YPE OF FAduTY kPPIVAq N9Q4 V PR5&7 a1 R UFAIR FUM MRSIALOy (dC-OS. ETG) �M%GOrq wxm� �•� ppp fel. 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CONOUIT REO'il_�92E CONCRETE PRODUCTS r m Mw REFERENCE RUN SO MEML LIENOIES CONOLIT 9?UN C4314PNUATIOl1 >v Uwl -M xi°°eu _ FOR CAY MUMTIW 19FOHMATI4W Preto,[ Ilam c ,TplaAe pith neck. Coyer and is r zrete Cpi%IIT LOCATN711 SECRCN A -A H.serts mpy ba vhid-d from anyo7 Ine lolrawinq listed 1 ePv.c. ax I.- STREET UGH and appTovad rnvn&-tu— WTO& RpCHw.Rw !l��7TT7���� ��-� N0. QMDWIt RF v,—H~/ I C+--SZE OF CONDUIT 4MTFk JENSEN PRECAST REFERENCE RUN No. + y VENDTE5 OUNO4T RUN GANTINMRON IL WF ✓JR WP Np FOR OI O( 145 Of WAAdU5'9a NATR1gE5 AYAIIA&L 2. RAOUS ANTE WAY IF Am¢PID 70 LE99 rH* ib PwMft TRE RRd1Ec'IfAt 14221 San kiaTwfelnc Aw,, Fenton,. Calif- 92.53$ FGR CD"UcllCm INIl7411A1Ipk CEMTER we of ME Owwt 0- AMS HAhIX u (rumG. Phare' (9pe) 356-E 11 S A TWWU LOAN DE ACES TO BE SUI -PM %1H EACH AAMI)HOS, {86D) T57 -E1 W ANY OF TW A90Yi $T61901_5 .. .. ... FOLLOWD eY A `� C.6 NKCTING TO EXISTING SCE STRUCTURESO=ASTLE PRECAST � 10650 ReMID4 AY.:, ront na, CaFr, 9$x37 ❑ENDTES THE FOLLOWINC_ ■ per stt rewMrmen; c to er■ neL dke 1e -4-. in - pl Phone: {909) 425-3700 11e -c. [v —trnq SCE rcwlLi.ei r•p. eS.wcana, rvuTFmrnt. multi-RrMIou1S {SOp) Bltf--3880 06 CONDUIT WTHOUT ENCASEMENT 15 fu"/bu.Ma, or ean6..:1as. Tneee Rik mey oe me.gxad ane the ACOEF3AIkZ FOR PORTIONS OF TRENCH k w: only bR p„rlramed or 9�. Co.lvck th. vpp,ep.irtr TFT.€ F ytWOFH]!.E AND PULI.BQk AUIIVUFACPIHERS. _.""t ta � YA hI DNLY ONE UR TWO cONOU1 TS ,i lr.q -dull. a withwi. a SCIS Mwxia D,Rae niy SEE UGS HP 20a $EMI-I'NCASEWNT 15 KOAAREO FOR ■ 1pwIkr-cwduR rvra/8mks - — or c deli M doe¢ pm -*-%y eP roch - r - PORTIONS OF TRERCR WITH ONLY ,Ref and ,[her `= Ta lila. A AwduR 4WD In a e1n9le Fmpty R 01;t 1}IR£E ON FwR CCNQU1TS itub thv. ur "t n dad "'Mi ty to Wow SEE Owned Rate R■rer asli►CT 00" 'J0. TER. Y{AAWOA 1)RL.41N6i SFj[q dIILJE pl[•A1e1 le the work rrd. -P iv Jrtaee FULL ENCASEMENT 16 REQUIRES FOTi33 - 4lINT7NGTOH 9EACHt Rna.: 629-494-6772 Inyw 943-274-177& 11445, do" P. ■ Fr CPOU/RCE'. Rule 15 EIA.A -4 Rule 16 0-1.A.. M. —Ru— wdl A�oc CESW MORE THAN FOUR CMNOU17S 1 vrn.+d■ d neeeesary .eN--oralbna IOWthe exrxp[fen of axcevaFMm undo 991280 2763954 15231 T3-LNE EICEENSTpN pack WO prrnary rytip b..ea]• meirid (hdudlnq agnpe:! and OR T / yLL3AGE bj.AS OAE [Wmtr6i-x A58OC CESC/I SR -E i0: CSTAM_CO3A atrueturn] -d eneU-1, la be atfl ad M the IntlRraptAiw-ln 5HE71 124(V CITY STREETLIGHT NO. SCL0796 • • - _- ,a - Pmraae. SAPC M]. YAdri m0E P■.'LIIC}-¢ ASSM 11M� AT THE NW CORNER OF W. • The c.+tkv.+t mukt otlhera kP dl gipirAyll Cd -[1611 A, Inem, .11y, atotu LAFAYE g191Trn1' M!F 2�llfl 'LP'A` PpTov7� CUN°1P.1Ca1¢H OfIwRU.e] BALBOA 13 LVO. AND 30TH STREET NEWPORT 91:A6H, CJI, 9iGTf3 tl ledrrvl rrgvletbne, [rneludfnq, but nR1 RmIIM Lv. vN nrvrdrry AT&T StM#213735 - CSfAM 03A -R ko 5herrn9 and tmrfl= r:Pntro1 n a 1`Nf like DW-.Pt/1Te-In work by SCE.e undrrpnund 0r, cm.hvPkvf{Rjf. 29T 34TH ST ■ nlareeP!/lle-:. Werk nh.dt be eerrpiyted with 5cE'e cifH eenkrxlwr NEWPORT BEACH, CA 42663 SnFET nryE ti Pwgh we Labe:,, rnaibRaWr/P-spec tN Fk.JL r pRew r or ­-Flan(n) F tt/se a +w A 11s e34A¢ SCE FINA(- DESIGN tush 1■ mispvlwkl■ for ea-rhM wen—Um R)_ TTPE DATE Aiee[aYEU ST 04Eirgv BY XAO0 ■T PAA / 5>�r acssaWRL.c na D¢Ie nJ+sh4 5p1Alhem CnlilLmio Ed3aLin Company '3 2� [)761 _C. �} i E ET HuaWfa _— SCE -2 FINAL POWER 1 144 17-197 PA2919-111 Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps 1-45 17-198 FOR REFERENCE ONLY at&t �v�' 7552 EUINGER RVE TUISTIN, CA 97789 C yy L w � • i$7; � gg s 3 ll 5 ! � � — 6 g$�= �� §$ iso CGMMEpce. sre.2o9 IRVINE GA 929892 a s �5 i _ s Q a °'� a g� s € o s s 8 �a t 518 � 3 �6^ 5 R X63 ta4 � �a b 13 � � iY+ E` � �8 s !-i.n a a 1(W M S L��IR�© Q 9 E 8$$ 1: I3��% _fid i,t gg 5 0- 16 8 e Eli �5l �� � � g§tea �� REt ae,op:w'Luary=�.�rs� $ A eA iiY �q ids'$ � 6S6 ]fit 1. a€ y�y pg�g€aa 7c a 5 ax � a _ e$ .71 fi Vi z€ SSS€ St GU] § y 5wsb as f— of s� V g E � a; s y sP gaCg�z�_fys �P sg agg sal g �_�_ g a e P ■ ag q o s y c@ 0 !1 a � � s1-7 a S�`3 e - Ba a P$ ,� 9 .. � s a� �3 � h g [ag a. 888 Yo e y Iffig+3.-2A. 1s $ n g�E e 6 'ns 0a �$f #s _� 5 A prtEg Y� $f E8e S s� 'd aoX C s: 5 s S`LS- $ g; L L �=gjsi �— jg$ g ` Er it �d R9 a a_ t €a $ i g Sh $ mv,� �eec[�ueaE _ ME �. vlLLLL2.kgg rr09yyLLhT g g sa a n i�. � s 2F i1 9 e' e 2pp 4��� ❑ tt5pp 9'���$S',�p$�Si$�8ey$E� -4 sit -S :yg 'p 6xF � Z -g �E S� q g .]f �N _ $� §� 35�lCs R�'� sed � S 5 }y a i �S - ievi ard xe.� e anm nm a.a�M �i sa�ssD��� �d_ 3 �a if E 3 e a. ¢ w .y a6 Q� PS fs x r "€ sg 3 � _ �k$F EII S3 "): °may YEil 2' 8 E. s-Tyys' gg a gg$��Ejj Vi 2 .. �)e� �ew•1a FEZ<e {{p$ $ VT6 �A g Eb � Y _{1_EL Sr � � Z � � eu �i/d-N c - 4 C �d d �� d - v e a jp OF iS do �d a � � '� T PFPt 1105. 1F 33 - Hi1N11NGTAN BEACH m= 624-4ae-&772 PWWFR Pini[ 959-27.1-t776 omam nM1,15, aal4 P. .. SRE iB: CSTAM_083A A59Pc PESCN 1BE12BG 27e3B9� 1821573 --LINE c7fTEN9pN Ai I VMTACE 7Mu1As CUSS IF CT -2 Assoc PESNM SHEAR 1,gI5V 9V9 / PG Na LAFAYETTE 1 dMC4* PAUPt1c7-1 A$9DC OM PR C![Y 9TREETL1GHT NC1. SCL9796 AT NW CORNER W. y,�,�, pAp 2Lir 110 aP.A pp, A -W SiTE f213M - CSTAM 03A BRLa BOA BLVf7. ANO SCSTREET NEWPORT 9EACH, CA,A. ,9 97663 201 30tH ST NE=y GRT BEACH. CA 92663 -"T 111 E F 11/7S/19 aSEF6 �.11NI5 sti5a AP+KU" 8r vECFll In iFA7b1 BY rF% 1 DST* dCabllPTf+ �. SGE FlHA4 DE".,vAtE So Ahe Cotifdrniv EdIso17 CamP�Y of _ 2147 1 _0. 1 •�Err v�w.n SCE -3 FINAL POWER "` "= 1 1-45 17-198 PA2919-111 Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps 146;1 17-199 AU .PL111N[+ CUFII71JCYQRf TT7 SE N6 ..I ,-i i - i• - :..: i , i TH"N/THWN GREEN 5tRAN IEP CAPPER MEi!urv�[ry FrPE r�i,i.Er :i,il r. _ ., pEJIG:J T" {1TTLI1'r F•FIF, TOE= -i LINIES5 OTHERWISE NDTED OB REOLnR© Bf ECA1N'LTENT MANI]FACFLIRER f:ER.%iHEnFI!. RAR G;: _ at&t . d.. HEW ANTENNA >laJ {i, ZITHRE .�iM AOI1IQ �. -n7A52 EBINGEk pVE emrc.� +Rv n... Ia}I i�l Nf1y k«C3 FA.IpQ TUST]H, CR 92760 �o1w� rk ltix,a�E �1XrN llwY c a>t+.rinPi-: IlLllj {{IILLJJ!{!{ "M"Fry16Ac NEW� RAMD Y 22MFUIIJRL y 1 _ �, • 2' NEW 28113 PA711O 7 IF:E 41Ai49 '{;REE'• -' - - GiiICSSOH ••Ew •IB AWG rNHia.7INWN 57R,cN l)Y17 339 CAMMERCE. S7E. 200 IRVINE. CR 92697 nal 9i [+ M N •R V4, Kw 0S 'T'f'Ink/�1+WH : STRAODEO GROUND FROM - �:� Rw VgUIPMFINT M Cdh]IJl1O e03 ;Fn NEW Qlkl III:W 8417 AP :IIFI'i RROTETIElm M SQUARI(W, _;. 005 RAR �-` WIREtE5S zn 7re oras j NEW RA'lf'Ap 1�ROTECTVR -.--. PALLL AVA%t+ee uwawnrwnuF win wa.-� r� fw*� Tp.[ ISi�l'LANIF=T (FLO{'D pRPJOPY {AELAW owwr g.. NEW AT&T Cbi✓ LWSMNNEM jE1E.1J*NEW - GRAREJ ri =aE 74 -" 4EW _. ,-N.- METERED E R•NIEL EA5C9F1HEC7 ¢'ii _••-+L1D � vHF'ER 'BE LAW 13RAUE? INSULA --- ... cFE--- N f1ECl t 4MINN WTR {<TELaw ORA"I l I NEW 54F. " VN WLlf RFA ` FiIF NEW 16 Shl_0 CiiPPER - {WIP), Drt OMNEC•T/E'LT5E7, ®amem ima cocpcwEo ` .Ex rc' =dine RISN.ATET? GRE°N COPPEPINI IPED tAATEU ?WIFE IBElGW CRAOEY - - E 4wwnm YF FNL�nryEA 9 kwN limo l) m ooaR�PruTrw im�cuw.Rirra _ 1TC- jlt;: AWf. TFPrN/Tli'NN :FhAfiLR7 •!iRnnl F CONNECTION FG NEW _ CONK OTON CROI1p0 Mr. ALS ugcW optwm. to__ NEW Vfi"- . 8',0' - 5 J0AES5 REEL 3R0VN0 ROC• 4QhICE901. VAC �p,1'ER Tf+ r 01- G.1p,�, E%'STIVlI; y r, �n T CIV I� PICO PLUMBING DIAGRAM `",r'::: 5 GROUNDING SCHEMATIC I.i.�• sWr .Ir SINGLE LINE DIAGRAM N,]TE, 91r DICE T(]'Prf&!ER 50kAitEeFEi-EiTAL L.`- I;171$AO VAC GH W 9AL6@A 9LV0 ALL L'IRGl11T jA001FICATIONg, 4LTERAiIf3N5, lQAO •�ONSDLILVSIIONS, IN5TALATIQN OF NEJ1 FCAE? CIONGUIT k CONDO ;TORS, FrEW' E; 712YEE FEOFSTAL. MEANS " Vi THOQS 5Hµ1 BE THE R[SPryFS$IL7N VI' TI;E EDI1 RACTQR/ATy.T AT NO CHAPGE Tq THE ETT• — - - :.fPhiRPk8+1CV _ WIRE %71Nu x VAITACE ❑Rr>F CAECVIATTT)F1S TO SE AWD *0 TIE Ft ARS P+mtEcr,an T slit TO: CSTAM_003A i' j - rf/a,EGTnr�TceA�Ase „� CfIY ETRE ETLIGFIT NO. SCL9756 - AT THE NW CORNER OF W. - BALBOA BLVO. AND BOTH STREET uvLR ' NEWPORT BEACH, CA. 97663 .i. FE* ­lE ELECTRICAL DETAILS c[wP�wEr,i5Fenu� .. - �. ,, r E•+/F•5 .` r 7 -11 -El ' EE I •-;ILP E-1NOT USED 6 NOTES 4 BREAKER SCHEDULE 2 146;1 17-199 PA2019-111 Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps ALL TR*FIC CONTKx DEVICEE MVIX CONFORM TO R lE ERTEN EDFTION OF T7IF CAIJFORNU, MANUAL ON RAF UNIFORM TRAFFIC CORY, ROL DEWEE5¢D IL GUJFOANIA WJTM CITY NOTE: AHO THE VMNDARD5PECIFICATIGNS FCR PLSLIC WONN9 CUWRMT+CW THE CITY TRAFFIV. ENUINEEROR HIS REPRE5ENFATNE HAS THE ALrl§MrTV TO INRIATE i.e,,.,., i..n.i. ••4 i.iri.. ,..... •_...� c,n ..,..,.>_..,, n•n �.n. .. ` ^ • t at& FIELD CMQI XSTq ASgMRE PU" SAAFF" L L mL Tltwic CONrRut OEVECES RMI'44off REPO'+FO FROM V>E11' WHBI NOT MJ VSE. - - '- - - - - -- ��' 7452 EDINGER AVE .I 'NORK HOURS SHALL BE RESTFM'FFLTO TNEPFAIpOSETWEEN?MAM ANDE11pb M. TUSTIN. CR 92780 MONDAY TIgL041LEM FRAY, uML459 APPROVED Of0>ERLYI5E WF NNIGT!T 10014K REOUIRED WORN HMM SWILL BE VAQ PA TO I.WA M h71FAMY THROUGH FRIDAY TRENCRES MW DE BACIN FILLED OR PLATED 0LHIING NON - WORKING HOUR$ - r PEwsTPoANCONrgpIg7HLALL w PRDVFDFD AS smww ON THE PpAN6 TEMPORARY *0 PARKING SIMV`a4kI- BE A45BTFD U HOURS PNIOR TO COAIMENOWG WONT[ IN ALLPARMNU ZONES RRN:SSOH ACCESS 10 ORN1EWAY6 WILL BE MANTA@JEO AT ALL I ILVE 5 UNLESS OR1Ex JULW OEMEN M F- STE.200 ME MADE F'�9CUET7 T6 .A�T:h111 raJLee T7n1:•C t:SE _ _ i'_.I. 330 COMME3ECE. '- TIFE GQW9AC7PR 8HAU-REPLACF Mi Wf N 77 n9URS 44 TRAFM-40NML A0 9EFECTOM FLATVi RE NEEDEDIRVINE,GA9P89P DAMAyED DLEA ND CCN MIUCTIOR I . THE t17NRAµ--TAR �L RE4.LCE WTTMN 2A HWAlS, ALL SR. FWPN46, WOM VR DAPAMiED 41-011_ T11I qr.W' CI Il0 u=w BY CANSIRYCTION IS'DfUL.{STImPINCi MAY EE REPLACED TEAIPGRARILY riRH TAPE I t[IHTNA.C70A 1p PRDYTVE �yE? �IrVL E=ZT.Ri II ALL 'A17R1fER58FA ADE F(WIPPEDWTTI4 AN DRARGEVESF IDR A, REFLECTNFVEST AT NQ: TI ALL FLAwERs SN,WA BE FALJIPPED wr MA HARD NAT. C9 •SjwatyYA PADDLE AND fe'3-'IFS; A L-wiw rp�F r '' iiA Qp DJ sHALL BE TRAINED W fWP11CPER PUMIM VIALS OF RLAmW TRAFFIC. %'pfgF RRrR . A1wAo r7�VNR TY ANY WORK TMA7L49TURBSHdf;}AFL TNAFFIO 9IVOL OPEFATrCNJB SHILL BE LODRINNATEO _ _ .etc. ,- _'TRI.•-.l� W E F __, W I R Et £ $ 5 WiTH'TIE CIF YAa HDURS PROR TD IEGNHWG C<N MgUCTIDN I) THE CONTNACTDR SRALL MAINTAIN A4L TRAFFIC DEVICES M HOURS PER DAY AND l DAYS +tEe0 lanwv+raxa>t�i�annn ERDI pp�I R e , '-i 4(( rAI 1 E • F 11A1 4ALAr- A-ANZARp PERWEEK �-5 ir..wM II R WNRAIM 00 FIX INANEL LAPk.S MUST ME: AWNTAINED UNLESS ORiERMM APPROVED 7I c L+ T�17 S. ell � . 9- F jilt I. { 1 GITy YFpFM.n 15 ALL NIGHT WORT{ NLC REOUIRF WRFrrEH APPR %L FROM THE CITY. LANE MIZUAES. ROAR APEa noel yLp�p 1aa NF �, • e` W-DURS AND TkMPM SIGNµ 4I313IFffin11OPS A5SOGJA-Mp W ITM 69RIANIDHT MNSTRUCTIDN ACTIVITIES WILL RECAARE WARN114G VOUSHE PIAUELT AT TEAS F r*E WEEK _ IN ROVPNCE :M 57ARRNO M ASiRUCTIONI w FMMrIrF `- 10A DOUR POWERED FLASHING ARROW OOARD SHALL BE REWIRED DNF ALL ARTERIAL STREET 'T�� • L LANE MMIJREFi 1, THE GONTRA m gti MZ?TIFY TRANSD AUTN IRRY IN ATWANCE AND PR ZE 5: - tFh�AFCRriAClc%P�--_-.^"^�-�-�-.--.-�_•_-_ ! i. _ �y��!` _J �� IA:AFFIC CONTROL PLPN COMPLIES WITH e�71G WATCNBOOKNEGIIENEMFNT5 I . � - •. - F2' � I • ,. E Tyylpem 44E PNLbf4Nr. lAUU4 M ktWMMEMIED DELINEATOR/CONE 8 SIGN PL4QElAENT TABLE @i74 FORIALI RS BASED ON 12' WOE LANES- yE' IwRIro m HA5KI1R. :n "I'm -1P- -- - n QMPMORLE5S L=" 45 NTPW OR MORE L�WS 1Y SI,LEM ElYN w BaL00R FR,V TGA 1 'Tr' 1yTL� nE-rka' v o IIYIEA 7RSRAGYIG PN -A w,•s WAfEiI iAPffW-IN'?H l' TPI,AEFE �i FnPERS! �1FFF1 _ �EFD WIT FA JE IAWs TAPER TAN,9R ABETYFEFR NDILS � �_ � � - pSABM tiS FT 15 FT 0FT Nn[�/�/yw/yr��ay�J�J) .,o M`W loon ASn Ann .eon ]RS Fe A MPM Mr o6R IDR 1,r6n Mt, AP ADH oays7 FEi All FT 1]vn a1LFl \ i 'w Y J � � _ � rt0 A. wFL F '`w¢a�P�' ?�2•Mc�c slvar mFr Ilium FT 1MFEY. Ei rm BF FY spF Bea F,' sB FY Im" eeF FTI �Fn .rA1' ,• - 1 .I.. EO EW[f' FtF FT 90 Fi TW FT am FT 494 FT N N� r• kf W4 rBF FT mFi rtOiT 'IBD Ft n4'L� �' GIV4L LPtlB MERGE TAttfl FUEFE� +w �r T W FDR SHIFT 7W rY Cort sNquLNF6[TWEN BPALE MIN ;rF. dwfP Afw.ry.. iEOEND .APBkivlwwN,vlwybeoann rr. IN¢Mrtyow slFTi ..-.wwanllumTe ki�iri�+vl .GI TM"!NOFI:YA.F HGM LExiw �+eRMT/+L�nflE �. iL1'PNO E° sl -FE ID: CSTAM_003A FuloPakm.'NONARFpbw ZfTY STREETLIGHT NO, 3GL079B fYAEIiWpIWUE AT THE NW CONNER OF W. TfpE I WARG&A W ��_ PRerxlat�slr' 8RLBOANEWP BLvORT B AND 3CTH STREET NEVYPORT 6EACH, CA, 92883 TYPE IIIAARRIGABF .n.FT I" �e�T^0W--TgAFF YA' R a TRAFFIC CONTROL PLAN .. •: ••r,s tRUQLRiH AMEN � L• •-. TEST ••�.Va1 P !rte FLAaFET1 I ;.i TC -1 TRAFFIC CONTROL PLAN 147 17-200 PA2019-111 Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps AT&T Coverage Maps* Small Cell node CRAN_RLOS_CSTAM_NODE_oo In its recent small cell deployment order, the FCC rejected the need for wireless providers to demonstrate a significant gap to support a wireless siting application. The FCC explained that a local government could effectively prohibit wireless service "not only by rendering a service provider unable to provide existing service in a new geographic area or by restricting the entry of a new provider in providing service in a particular area, but also by materially inhibiting the introduction of new services or the improvement of existing services. Thus, an effective prohibition includes materially inhibiting additional services or improving existing services." So, such maps cannot be required. Nonetheless, to comply with the city's application requirements, AT&T is submitting signal strength coverage maps that depict its wireless service coverage for LTE service at 1900 MHz as it exists now and as predicted after the smao cell is installed and on air. Note, however, that the city's requirement for these maps is inappropriate under applicable law and not relevant in any event because AT&T15• proposed facility provides capacity relief within the existing wireless network. a PA2019-111 Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps LTE 1900_Coverage without Small cell 0 DDS 0,1mF ti 7 =in er ii.e . � 31i -t s,aTs a r 5L C5TAI41_l0 st a d O- ?�f ip. 2$p► Sr ii 2019 AT&T fnteIlectuaI Properly. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property. AT&T Proprietary IInternaI Use Only} Not far use or disclosure outside the AT&T tom panies except under written agree m@nt- �'9 ��y � r � t� 7'Ubm Indtim siptal t'%dHm In %'da-Llt: mujul kw-1Hnl t )UIJ r+r -I-,n i A U 2019 AT&T fnteIlectuaI Properly. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property. AT&T Proprietary IInternaI Use Only} Not far use or disclosure outside the AT&T tom panies except under written agree m@nt- �'9 ��y � r � l l i r!. � 111 [ �n r l.t�e' til�';1t:►I] 7'Ubm Indtim siptal t'%dHm In %'da-Llt: mujul kw-1Hnl t )UIJ r+r -I-,n i � Macro site r" x . • 11 ` Proposed small cell r + Nodes U q 1-4 q 17-202 PA2019-111 Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps LTE 1900—Coverage with Small cell W.rprA�r�r yt. n r 0 0:015 0,1mF w--Apon MRb =1nuy trot •» t r a ■ w 4 I CEJ 2019 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property. AT&T Proprietary (Internal Use Only} Not for use or disclosure outside the AT&T tom panies except under written agreement- �D 17-203 PA2019-111 M SQUARME-'�" WIRELESS 1887 CALLE AVANZADO SAH CLE W WE CA 92M (W 9} 981 d84 Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps GRAN RLOS CSTAM 003 CSTAM 03A City streetlight No. SCLO796 at the northwestern corner of W. Balboa Blvd. and 30th St., Newport Beach, CA 92663 AT&T &2016 C oogi^_ 01.19`- VIEW 1 1 LOOKING SOUTHEAST i`51 17-204 PA2019-111 M SQUAREIE■;� WIRELESS 1887 CALLE AVANIADO SAH CLE W WE CA 92873IWW%3914624 Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps GRAN RLOS CSTAM 003 CSTAM 03A City streetlight No. SC L0796 at the northwestern corner of W. Ba€boa Blvd. and 30th 5t., Newport 9each, CA 92663 AT&T X2016 Cwogle N.pps VIEW 2 1 LOOKING NORTHEAST 2'52 17-205 PA2019-111 M SQUARES■;� WIRELESS .V CALLE AVANIADO SAH CLEWW ECA 92873 MW%M 4624 Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps GRAN RLOS CSTAM 003 CSTAM 03A City streetlight No. SOL0796 at the northwestern corner of W. Balboa Blvd. and 30th St., Newport Beach, CA 92663 AT&T y:20MC—gk Mfaps VIEW 3 1 LOOKING NORTH 115S 17-206 Planning Commission - July 9, 2020 Item No. 4a Addiiional Materials Received AT&T Small Cell 5LC0796 Appeal (PA2019-111) July 9, 2020, Planning Commission Item 4 Comments These comments on a Newport Beach Planning Commission agenda item are submitted by: Jim Mosher ( iimmosher(6),yahoo.corn ), 2210 Private Road, Newport Beach 92660 (949-548-6229). Item No. 4. AT&T SMALL CELL SLC0796 APPEAL (PA2019-111) It is gratifying to see staff acknowledge (pages 8, 9 and 97) that when they are the Coastal Zone, construction of these small cell installations on (replacement) streetlight poles requires a Coastal Development Permit — something not formerly approved for any of them by the Zoning Administrator. This raises a question about the status of the several similar applications for which the ZA approved Minor Use Permits, only — including the one on Bayside Drive for which a call for review was scheduled as Item No. 3 at the PC's June 4, 2020, meeting, but not heard due to the call for review having been filed one day late (the present appeal was Item 2 at the same meeting, but continued). Will those projects now also need CDP's from the ZA? Particularly problematic without a CDP was the May 28, 2020 (ZA Item 3), approval of an installation on a streetlight in the approach to the Newport Island bridge. since the proposed construction will occur within less than 20 feet of coastal waters, which even under the Coastal Commission's Repair and Maintenance criteria in 14 CCR Section 13252 would likely disqualify it for a CDP exemption. Regarding the present resolution In Section 2.1 (page 22): The Class 3 (New Construction or Conversion of Small Structures) CEQA exemption seems much more relevant than Class 2 (Replacement or Reconstruction). In fact, Class 2 does not seem applicable, since the new structure will not "have substantially the same purpose and capacity as the structure replaced." Although a portion of the existing facility is being replaced, it is fundamentally a conversion to accommodate and additional use. I would suggest the reference to Class 2 be deleted. 2. In Condition 11 (page 32), the reference to "43.57 feet above mean sea level using the North American Vertical Datura of 1988" needs to be clarified. "Above mean sea level" is not the same as NAVD88. The condition is either '`43.57 feet above mean sea level" or "43.57 feet in the NAVD88 reference system." It cannot be both. Since It only creates confusion, I would suggest deleting the final parenthetical portion of the condition.' As to the appeal, although federal law may prohibit the City from denying the application based on residents' concerns about electromagnetic radiation, the request that the applicant be insured against possible future claims related to that seems reasonable — if, for no other reason, to ensure the applicant can fulfill its responsibility under Condition 34 (page 35) to indemnify the City. ' Page 132 indicates the ground level at the pole site is 8.82' AMSL, as does page 130. Although the fatter confusingly certifies "the elevations shown hereon are Above Mean Sea Level, North American Vertical Datum 1988 (NAVD 88)," they appear to be AMSL. In creating Condition 11, someone has evidently added the promised 34' 9" (34.75') to the 8.82' AMSL to obtain 43.57' AM SL (an approximate elevation of 46.2' NAVD 88 per NOAA's online VDAT UM?). 17-207 Planning Commission - July 9, 2020 Item No. 4h Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) Planning Commission Public Hearing MY 9, 2020 17-208 Planning Commission - July 9, 2020 Item No. 4b Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal [PA2019-111 ] City's review limited by federal law • Aesthetics a Land use Environmental impacts February i2, 2019, CC authorized MLA with New Cingular Wireless, LLC for use of City -owned streetlights • April 16, 2020, Zoning Administrator approves MUP for installation on SLC0796 April 28, 2020, appeal filed by Mark Pollock citing underlying issues with MLA June 4, 2020, pulled from PC agenda for additional analysis Community Development department - Planning Division 20f 13 17-209 f r .fir i...:�:.� �.'• d f u.: r = .. S.Pla2020 _. anal MLa!ted a! S, .D � •�r� ��1 2Y - !i�W „' fry r { .tea � .r� _�- , r * �.L?��� ' • r r Ar r�� _�•� r, .” y,� •� lop or jE .i as •�' :'-sl `. a �%`. a: •-. -^ �• f'� �" _ ' e.•. :.��, n��.- - ,'+� - .s•. mss:•`• .; - I;h 1 : { . ,- +`� :i v : { fir ::., _ f �• i �`� Y ''�.y�*". .r .ate._ ���� -xT' �. ;-• A � .� . Planning Commission - JulQC FAR ' } '' + Item No. 4h Additional Materials Presented at K ng AT&T Small Cell SLC0796 Appeal (PAA 9-111) r CN 0-3 FAR Tf rn 400 Ica F Fir T3 { *qO 19 61 Jay Ta W ;}yam 17-211 T' I - T-' Planning Commission - July 9, 2020 Item No. 46 Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) Remove SLC0796 Replace in same location op Same luminaire height (light source) 0 Height increase from 30'-2" to 34'-9" 0 Antennas enclosed in screen • Support equipment vaulted below grade • Requires MUP for Class 3 Installation Also requires CDP Community Development Department - Planning Division 5of13 17-212 Planning Commission - July 9, 202D Item No. Ah Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) FI OF Iw�OcvA ��ff!!]f AXGL�E�' � EiNA�l�llfi 91i1dFi <70N111J 1 Nvr �numvu w(•q MlAryT f z pf�AGt_ TFx[ F+1nRE jRAMdf Ig11 fTO�p -0'AG L. b [11,^O]l�EGT SAiPI ixo VLGF Ff ()F LfH�M1WIIL` Vr M Fi' OF Tr CF r•V'.E �] $4Ap97fl41 RATEIF 'i fEl i. CFfuifW - - x25-5'AG: i, FQp OF /lfr�FE r t, FII!'JRE 9R}NER6 '' azf IliiACKE"f LacAnor� -' ie'�nnm+sf � 3'ACL LP1 _j f" Awn <Y ()F C9NtAC��%Cii M[i xr.f� RAP` 94 14d 9.11' 5 •v i1Bt'll EO%bYART J a_1, rM+% *11" H_1C. : 4 , TQATETI'111E.-E=Fl6pt T -••i Community Development Department - Planning Division M"SM w I M1aG f {M +'A mlrl'a'crs 4) Al (I{]IEN9t)liBEAC25 COlIfAEFP td e•apFn larr {9LCa1461IRr AFe F 9g �IfERT S1 Fpt T� Mm � iE)I SFI�FL�6Hr�HYKIKAE {Be1'wci A �PORPpvER mdl. Ikl wx Fr4+S1�T�+lm'AFaT] 7F 6 of :L 1 -213 Planning Commission - July 9, 2020 Item No. 4h Additlonal Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) PROPOSED Community Development department - Planning Division 7of13 17-214 Community Development Department- Planning Division Planning Commission - July 9, 2020 Item No. 4b Additional Materials Presented at Meeting AT&T Small Ce 11 S LC079 6 Appeal (PA201 9-111 ) 'L w S I ■ PROPOSED Community development department - Planning Division Planning Commission - July 9, 2020 Item No. 4h Additlanal Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) 9 of 3.3 17-216 f Planning Commission - July 9, 2020 Item No. Rh Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) Lj Consistent with LCP v' City -owned streetlight replacement ►' Not impeding access v1 Not impacting public view Not impacting coastal resources Li Consistent with ZC and GP v/ Class 3 Installation ►/ Minimized visual intrusion J Visual compatibility Blends with streetscape Large parkway area J Complies with NBMC 20.49/23..49 standards v' <35 feet tall v' Concealed within pole and underground f Alternative sites considered Community Development Department - Planning Division 10 of 13 17-217 Planning Commission - July 9, 2020 Item Nm Rh Additional Materials Presented at Meeting AT&T Small Celi SLC0796 Appeal (PA2019-111) • COA#3.—Substantial conformance • COA#3 — Comply with local, state and federal laws • COA#5- Replacement pole location • COA#6- Replacement pole design • COA#7 -Ail equipment concealed • COA#8 -All wiring concealed • COA#j.3.— Height certification required • COA#3.3 - Maintenance required • COA#26 - Planning inspection required • COA#36-Traffic control plans Community Development Department - Planning Division 11 of 13 17-218 Planning Commission - July 9, 2020 Item No. 4h Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) ■ conduct de novo public hearing ■ Find project exempt from cEQA Adapt the Resolution to approve the CDP and to uphold ZRs decision and approve the MUP Community Development department - Planning Division 120f 3.3 17-219 Planning Commission - July 9, 2020 Item No. 4h Additianal Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) hE►i tib. C4A EQUFWENT S=F CdLO V- - RADK)E *AD RA"—AP 0G OhlO—Er'T IAO K—Er -1 FREPLACM RXI /------- J57FUWr uur. :. t 1�,_ - _- -e - - � I r- -hO ANTEHM Questions? Community Development department- Planning Division 17-220 Planning Commission - July 9, 2020 Item No. 4c Additional Materials Presented at Meeting AT&T Smail Cell SLC0796 Appeal (PA2019-111) AT&T and Small Cells Enhancing our network while preparing for the tomorrow. to meet consumer demand today technologies and innovations of Judy Woolen/ AT&T External Affairs Cory Autrey 1 Wireless Policy Group (AT&T Consultant) Franklin Orozco 1 Ericsson (AT&T Consultant) ® 2020 AT&T Inlelleclual Properly. AT&T, Globe logo, and ❑IRECTV are registered trademarks and service marks of AT&T Ltl ellect val f'rope rc y and! or AT&T a rliliared conipan ies. All o1he r marks are the prope rtyot theft respective owners AT&T 17-221 Planning Commission - July 9, 2020 Item No. 4c Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) Smal cells are critical to provide wireless service • 95% of Americans own a cellphone and 77% own a smartphone.' • More than 62% of American households rely on wireless as their primary means of communication.2 • Public Safety: 80% of all 9 11 calls originate from cellphones.3 • Economic Development: 98% of small businesses rely on wireless technology.4 • Residents use smartphones,tablets, laptops at home all drive the need for reliable and expanded connectivity 1. http://www.pewinternet.org/fact-sheet/mobile/ 2, hups:J��Mww.�dc.gov s/data nhis earfvreleaseJwirefess201fieS.pdf 3. https://www.nena.org/page/911SIatistics 4. https://about.att.com/inviovationblog/2019/01/restaurant_industry_Sg_updates.html S. https://smallbiztrends.com/2013/fly/small-business-use-wireless.html AT&T Proprietary (Restricted) AT&T fllity lot use ily,ru holt exd mdl \ldtja of l�!:lll ,i %l 11lim div •ai rtiLtirlti7Jltitis dild Ilot rot selici<<l{fhliiiluI10ll 17-222 Planning Commission - July 9, 2020 Item No. 4c Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) What the demand looks like on AT&T's network: Wireless 2007 2019 &'2020 AT&T int elle ctual Property. All rights reserved. AT&T, the AT&T logo and all other AT&T marks contained herein are trademarks of AT&T Intelie ctuaI Property and/or AT&T affiliated companic s.The inForination contained herein is not an offer, commitment,represent ation or warrantyby AT&T and is subject to change_ AT&T and Small Cells 1 Month XX, 2020 ! C 2020 AT&T Intellectual Property- AT&T Proprietary (Internal Use Only) AT&T 17-223 Small cells and public safety: Helping save lives Planning Commission - July 9, 2020 Item No. 4c Additional Materials Presented at Meeting Appeal (PA2019-111) • Bettercalls: Small cells provide better service by bolstering coverage and capacity. • Enhanced Network: Relieves congestion that often occurs during an emergency. • Faster Data: Allows for more information to be shared and accessed. • New life saving capabilities: • Quickly download building floorplans or blueprints. • Enable video -intensive applications such as bomb squad robotic video. • Provide real-time traffic information to determine the fastest route to an emergency scene. A _ AT&T Proprietary (Restricted) u AT&T Only for use by authorized individuaL% or any ahoFe-designated ieain(s) within the AUT cotnpanies and not lorgenera I distribution X17-224 Network density must upgraded to keep pace with surging demands for data,, AT&T and Small CcUs i Mon Ih )M2020 0,2020 AT&T intellectual Property- AT&T Prop rietary{Internal(is c Only) �§ AT&T Ways to Increase Wireless Network Density Deploy more spectrum Spectrum is not readily available Improve spectrum efficiency • Repurposing existing spectrum • e -g-, reassigns 3G spectrum to 46 LTE C3D .odd more metro (cell srtes) cells • Optimal for low density areas O4Add more smoll cells • Offloads surrounding macro sites to reduce the need for new cell towers 6 Planning Commission - July 9, 2020 Item No. 4c Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) AT&T and SmaRCells /Month XY�2020 / 02020 AT&T Intellectual Property- AT&T Proprietary (Internal Use Only) � AT&T 2117-226 Small cells are helping us,7ceep 41 101 up with rising consumer and business demand and prepare our network for the future,, 8 00 00 --j O r o AT&T and Small Cc Us i Mon Ili )M2020 0,2020 AT&T intellectual Properly - AT&T Proprietary {lnternaI (isc Only) �§ AT&T Planning Commission - July 9, 2020 Item No. 4c Additional Materials Presented at Meeting The Footprint or Service Area of a Site is Determined By Height and By z"MM.Y'eff �d"' 41 0.5 to 20 miles III � 250 —1,000 ft 0 100 ft 0 Macrocell (4G LTE) 75 to 400 Feet The common form factor for wireless communication. Higher height and lower frequencies used result in the larger service area. Current Small Cell (4G LTE) 30 to 60 feet Uses the same frequencies as macrocells,in addition to utilizing unlicensed spectrum. Due to lower height, i footprint is smaller. Increases density or coverage in target areas. Fu t Li r e Small Cell (5G) 30 to 60 feet Very high frequencies enabled by future 5Gtechnotogy will result in a smaller footprint,but can be used to meet the 1 exponential increased density demand. These frequencies are not used for wireless service today. 8 AT&rand Sm all Cells 1 Month XX, 20201 02020 AT&TInteliectualPropeny- AT&T Proprietary (Int ernal Use Only) � A7&T -17-228 What is a Small Cell? Small Cell Radio - small Cell ' Antenna Planning Commission - July 9, 2020 item No. 4c Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) A New Network Architecture is Needed RdfQ�rlaswr Small cells are flexible, targeted network solutions that cover a radius up to 250 —1,000 feet and can be r readily deployed to specific locations, including: Where customers are prone to experience connectivity issues Heavily populated areas that need more network 119 JS7estLghc density Fiber Areas that can't effectively be served by a traditional macro cell This allows us to provide a better LTE experience today while also allowing us to prepare for the technologies of the future such as 5G, smart cities and new developments in the Internet of Things ( IoT) This photo depicts .ah example of what small call could look like, Actual size, shape 4nd dimenslans may vary by tocatien. AT&T 17-229 Planning Commission - July 9, 2020 Item No. ac Additional Materials Presented at Meeting Small cells help to bring the network ``closer"" to its Lasers to deliv�'��Tl�"�e����°��SIPEaff d'NY'a density, faster connectivity speeds and an overall better wireless experience. Macro Cell aaoaa 0000a aooaa Small Cell placed on a muni pole in RAIN 10 AT&Tand Sma11Cells 1 Month XX, 20201 02020 AT&T Intellectual Property- AT&TProprietary (Int ernaIUse Only) L i0 User AT&T 17-230 00 00 11111 L i0 User AT&T 17-230 Planning Commission - July 9, 2020 item No- 4c Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111 } Ra d to Fre que ney (RF) Sa fe t y and Sm a 11 Ce Us • The Federal Communications Commission (FCC) has set strict safety standards for RF exposure across allwireless spectrum,includmg mmWave. • Those regulations were developed by expert scientists and engineers after extensive reviews of scientific literature related to RF biological effects and supported by other federal agencies. • Expert scientists and government agencies from organizations like the American Cancer Society, World Health organization and FCC have stated repeatedly that wireless antennas operating in compliance with FCC regulations do not pose health concerns. • AT&T has a rigorous Radio Frequency (RF) safety program to ensure compliance with FCC requirements. AT&T Proprietary {Restricted} � AT&T 010k, [PY+ iulhulQtfd aidiv'iduak of avv slite�r-�f�tii�i�alvtlI ca III +] %% ITJIIII ihr :AI '1 17-231 Newport Beach and Small Cells Planning Commission - July 9, 2020 item No. 4c Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) AT&T/ New Cingular MLA approved by City Council February 2019 pertaining to use of City Street Lights for Small Cell. AT&T Mobility is the Manager of New Cingular Wireless PCS,LLC. • AT&T MLA Approved Designs. AT&T Proprietary (Restricted) AT&T ❑lily lul ..— 6Y'Irli110tUcd Is d[ \I Juak lit .Io.t ai bi111 %l11lim div •SIT&f %'orltl7J17iCs died Ilut rut selictCddi'tIibut1011 17-232 AT&T AT&T Small Cell Node Site ID: CRAN RLOS CSTAM 003 Alternative Sites Analysis City streetlight No. SCL0796 located at the northwest corner of West Balboa Boulevard and 30th Street, Newport Beach. ® 2018 AT&T Intellectual Property- AT&T, Globe logo. and DIRECTV are registered trad amarks and saNtce marks of AT&T Iii t c k e t u al l'ropenv andi or AT&T alTLhated co ni panks. All other marks arc the property of thus re spe ct iw ownc n:- Planning Commission - July 9, 2020. Item No. 4c Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111 ) 17-233 LTE 1900—Coverage without Small cell 0 0.05 0.1mi a .4S dffiCSTAM_003 4- G� 191 ja E7 Planning Commission - July 9, 2020 Item No. 4c Additlonal Materials Presented at Meeting AT&T Small Cell SLCO796 Appeal (PA2019-111) 3 b , � ZESEIfk:a In Vehick Rlanal ' tf �-+kklllm s �ut�irxEr �I�,n+l `+. r f. Macro site Proposw small call J1111111,r Nodes X2019 AT&T Intellectual Property- All rights reserved. AT&T and the AT&T logo are trademarks of AT&T intellectual Property. IVMT Pruprpctary Ilni crna I Lke Only Nor for use or disclosure outside the NUT v o rn panics rscepl under written aprocmrnt 17-234 ts� 3� . .4S dffiCSTAM_003 4- G� 191 ja E7 Planning Commission - July 9, 2020 Item No. 4c Additlonal Materials Presented at Meeting AT&T Small Cell SLCO796 Appeal (PA2019-111) 3 b , � ZESEIfk:a In Vehick Rlanal ' tf �-+kklllm s �ut�irxEr �I�,n+l `+. r f. Macro site Proposw small call J1111111,r Nodes X2019 AT&T Intellectual Property- All rights reserved. AT&T and the AT&T logo are trademarks of AT&T intellectual Property. IVMT Pruprpctary Ilni crna I Lke Only Nor for use or disclosure outside the NUT v o rn panics rscepl under written aprocmrnt 17-234 LTE 1900—Coverage with Small cell p 0.05 0.1 m i v+upas =earn E iF-- Nt„�n7 re r-trt -�gd r 3'f5 St =+ Planning Commission - July 9, 2026 Item No. 4c Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111 ) I a l I♦ 7iUDn, InLk,nf 7>JOIA) s�^�� E 85clEli�1 fn 1'rhitlr Rom+I ' �-Htiellkn s tutJ�xir 111;n�1 Macro site Proposed small call Nodes C�2d19 AT&T lnlellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&TIntellectual Property. A1'&T Pruprictary IlntcmaIUse Only lNGT for use or disrinsure uniside the XMTCompan" rruept undrt Aril ren ag recmrnt 17-235 Planning Commission - July 9, 2020 Item No. 4c Additional Materials Presented at Meeting Map of Small Cell Node CRAN_RLOS_CSTAM_003 and Alternat &rS1ft 0796 Appeal {PA2019-111} IL4 F• �\ 40 On this aerial map, AT&T's proposed Small Cell Node CSTAM_003 is designated by a red marker and the alternative sites are identified by yellow markers. 16 17-236 17 Small Cell Node GRAN RLOS CSTAM 003 Planning Commission - July 9, 2020 Item No. 4c Additional Materials Presented at Meeting AT&T Small Cell SLC0796 Appeal (PA2019-111) 17-237 Proposed Node City streetlight No. SLC0697 at the northwestern corner of West Balboa Blvd. and 30"1 Street. • Design meets city code • Existing palm trees and landscape buffer • Available utilities • Visually lest intrusive Alternative Site #1 Wood utility on West Balboa Blvd., north side of 30th Street. { R • Exposed equipment on cross arm • Difficult to screen • Underground assessment district • Visually more intrusive Planning Commission - July 9, 2020 Item No. 4c Additional Materials Presented at Meeting tm Gell Q AlternaiveCW2ppeaI {PA2019-111} City streetlight No. SLC0767 west side of West Balboa Blvd., south of 31St Street of • Conflicts with existing overhead lines • ADA requirements issues is 17-238 Alternative Site #3 Wood utility on northwest of West Balboa Blvd and 3011 Street. • Exposed equipment on cross arm • Difficult to screen • Underground assessment district • Visually more intrusive Alternative Site #4 City streetlight No. SLC0768 southwest corner of West Balboa Blvd and 31St Street 14C • Conflicts with existing overhead lines • ADA requirements issues Planning Commission - July 9, 2020 Item No. 4c Additlonal Materials Presented at Meeting tj AT TSIallqA96Appeal{PA2019-111) Alterna City streetlight No. SLC07666 west side of West Balboa Blvd, south of 30st Street • Conflicts with existing overhead lines • ADA requirements issues 19 17-239 ill f6'0� Planning Commission - Juiy 9, 2020 i[em Na 4c Addition aI Materials Presented al Meeling AT&T Small Cell SLC0796 Appeal (PA2019-111) 17-240 Attachment G Planning Commission Meeting Minutes from July 9, 2020 17-241 DocuSign Envelope ID: 7E43CA71-EFB9-4C73-B4C1-2601CF48D923 NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, JULY 9, 2020 REGULAR MEETING — 6:30 P.M. CALL TO ORDER — The meeting was called to order at 6:33 p.m. PLEDGE OF ALLEGIANCE — The pledge was led by Commissioner Klaustermeier III. ROLL CALL PRESENT: Chair Peter Koetting (remote), Vice Chair Erik Weigand, Secretary Lee Lowrey, Commissioner Curtis Ellmore, Commissioner Sarah Klaustermeier, Commissioner Lauren Kleiman, Commissioner Mark Rosene ABSENT: None Staff Present: Community Development Director Seimone Jurjis, Deputy Community Development Director Jim Campbell, Assistant City Attorney Yolanda Summerhill, City Traffic Engineer Tony Brine, Senior Planner Ben Zdeba, Assistant Planner Patrick Achis, Assistant Planner Melinda Whelan, Administrative Support Specialist Clarivel Rodriguez, Administrative Support Technician Amanda Lee IV. ELECTION OF OFFICERS ITEM NO. 1 ELECTION OF OFFICERS Summary: The Planning Commission's adopted rules require the election of officers at its annual meeting, which occurs at the first meeting of July each year. Officers include the Chair, Vice Chair, and Secretary and they would serve for a one-year term. Recommended Action: 1. Find this action not subject to the California Environmental Quality Act ("CEQA") pursuant to 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; 2. Nominate Planning Commission officers consisting of Chair, Vice Chair, and Secretary; and 3. Appoint the officers by majority approval of a motion either individually or as one motion for all positions. Motion made by Commissioner Lowrey and seconded by Commissioner Kleiman to approve the nomination of Commissioner Weigand for Chair of the Planning Commission. AYES: Koetting, Weigand, Lowrey, Ellmore, Klaustermeier, Kleiman, and Rosene NOES: ABSTAIN: ABSENT: Motion made by Chair Weigand and seconded by Commissioner Klaustermeier to approve the nominations of Commissioner Lowrey for Vice Chair and Commissioner Kleiman for Secretary of the Planning Commission. AYES: Weigand, Lowrey, Ellmore, Klaustermeier, Kleiman, Koetting, and Rosene NOES: ABSTAIN: ABSENT: 1 of 11 17-242 DocuSign Envelope ID: 7E43CA71-EFB9-4C73-B4C1-2601CF48D923 Planning Commission Minutes July 9, 2020 V. PUBLIC COMMENTS Jim Mosher inquired whether an application for the second AT&T small cell installation recently approved by the Zoning Administrator will need to request a coastal development permit and whether Planning Commission meetings will continue in the current format after City Hall closes on July 13. VI. REQUEST FOR CONTINUANCES None VII. CONSENT ITEMS ITEM NO. 2 MINUTES OF JUNE 18, 2020 Recommended Action: Approve and file Motion made by Vice Chair Lowrey and seconded by Secretary Kleiman to approve the minutes of the June 18, 2020, meeting with the revisions suggested by Mr. Mosher. AYES: Weigand, Lowrey, Kleiman, Ellmore, Klaustermeier, Koetting NOES: ABSTAIN: Rosene ABSENT: VIII. PUBLIC HEARING ITEMS ITEM NO. 3 HOAG DEVELOPMENT AGREEMENT ONE-YEAR EXTENSION (PA2020-065) Site Location: 1 Hoag Drive Summary: The City and Hoag Memorial Hospital Presbyterian ("Hoag") entered into a Development Agreement ("Agreement') in 1994 to ensure the orderly development of the hospital over time. On July 23, 2019, the City Council approved a third amendment to extend the 25 -year Term of the Agreement for an additional ten (10) years in exchange for certain community benefits provided by Hoag. Hoag has requested a fourth amendment to extend the Term of the Agreement for one (1) additional year in light of COVID-19-related impacts that have constrained their ability to plan for the future development of the hospital campus consistent with the amended Agreement. The Agreement grants Hoag the vested right to develop the hospital campus consistent with an extensive set of regulations and mitigation measures, all of which would remain unchanged by this proposed fourth amendment. Recommended Action: 1. Conduct a public hearing; 2. Find all significant environmental concerns for the proposed project have been addressed in a previously certified Final Environmental Impact Report (EIR) and Supplemental EIR, and that the City of Newport Beach intends to use said document for the above noted project, and further that there are no additional reasonable alternative or mitigation measures that should be considered in conjunction with said project; and 3. Adopt Resolution No. PC2020-026 recommending City Council adoption of Development Agreement No. DA2020-003 amending Amended and Restated Development Agreement No. 5 to extend the Term of the Agreement by an additional one (1) year. Commissioner Ellmore recused himself from the item as he serves on an advisory panel for Hoag Hospital. Assistant Planner Patrick Achis reported Hoag Hospital requests a fourth amendment of the Development Agreement to extend the term by one year in light of COVID-related impacts constraining its ability to plan for development. Under the current Development Agreement, Hoag has the right to develop the hospital campus consistent with an extensive set of regulations and mitigation measures, none of which are affected by the proposed amendment. In 2019, the City Council approved an extension of the Development Agreement to 2of11 17-243 DocuSign Envelope ID: 7E43CA71-EFB9-4C73-B4C1-2601CF48D923 Planning Commission Minutes July 9, 2020 2029 in exchange for community benefits. With approval of the proposed amendment, the term would extend to 2030. Hoag intends to fully exercise the development allowances under the agreement and requires one additional year to account for COVID-19 complications and delays to planning and development. In response to Commissioner Klaustermeier's question, Assistant Planner Achis advised that the terms relative to the public benefits will not be affected by the proposed amendment. Commissioners Rosene and Klaustermeier and Vice Chair Lowrey disclosed no ex parte communications. Secretary Kleiman and Commissioner Koetting and Chair Weigand disclosed communications with the applicant's consultant. Chair Weigand opened the public hearing. Sanford Smith, Hoag Hospital Senior Vice President for Real Estate and Facilities, indicated the majority of planning work has been delayed in order to address the current COVID-19 crises. In reply to Chair Weigand's inquiry, Mr. Smith related that elective procedures have been postponed and patients have avoided hospital services in response to the stay-at-home order. The hospital has focused on crisis response. Planning for the hospital campus has not been and will not be a focus for at least a year. Jim Mosher, a member of the public, commented that if the applicant's consultant is a lobbyist and has not registered with the City, he should do so. Mr. Mosher questioned whether the public benefit provided in the Development Agreement should be amended to allow some flexibility in its use. Chair Weigand did not believe renegotiation of Development Agreement terms is within the Planning Commission's purview. Chair Weigand closed the public hearing. Motion made by Commissioner Rosene and seconded by Commissioner Klaustermeier to approve the staff recommendation. Substitute Motion made by Commissioner Koetting and seconded by Vice Chair Lowrey to approve a two- year extension of the Development Agreement Term. Chair Weigand shared his opinion of the Development Agreement in light of the services Hoag Hospital provides to the City and the community. The Substitute Motion was approved by the following vote: AYES: Weigand, Lowrey, Kleiman, Klaustermeier, Koetting, Rosene NOES: RECUSED: Ellmore ABSENT: ITEM NO.4 AT&T SMALL CELL SLC0796 APPEAL (PA2019-111) Site Location: Public right-of-way, City Streetlight Number SLC0796, at the northwestern corner of Balboa Boulevard and 301h Street Summary: An appeal of the Zoning Administrator's decision on April 16, 2020, to approve a minor use permit allowing the installation of a small cell wireless facility on a City -owned streetlight pole. Project implementation will be fully contained within the public right-of-way on Balboa Boulevard and includes the following: (1) Removal and replacement of an existing City streetlight; (2) Installation of a small cell wireless facility that consists of four remote radio units, a raycap disconnect, and an omni -directional antenna within a 12 -inch diameter antenna screening shroud. This equipment would be fixed to the top of the replaced streetlight pole for a maximum height of 34 feet, 9 inches. Support equipment will be in an adjacent below -grade 3of11 17-244 DocuSign Envelope ID: 7E43CA71-EFB9-4C73-B4C1-2601CF48D923 Planning Commission Minutes July 9, 2020 vault. Also included is the review of a coastal development permit pursuant to Newport Beach Municipal Code (NBMC) Section 21.49.020(8). Recommended Action: 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 3. Adopt Resolution No. PC2020-018 approving Coastal Development Permit No. CD2020-052 and affirming the decision of the Zoning Administrator approving Minor Use Permit No. UP2019-030 with the attached Findings and Conditions. Senior Planner Ben Zdeba reported small cell is new technology that is being deployed globally. The City's review is largely limited by federal law to primarily aesthetics, land use, and environmental impacts. The Planning Commission cannot consider safety and health hazards due to radio frequency emissions when making its decision. The City Council authorized a Master License Agreement (MLA) for use of City -owned streetlights, including the proposed streetlight. On April 16, 2020, the Zoning Administrator approved applications for this facility and a second facility. Mark Pollock filed an appeal on April 28, 2020, and cited underlying issues with the MLA. On June 4, the Planning Commission continued a hearing of this item to allow further analysis of the need for a coastal development permit. Applications for two additional facilities will return to the Zoning Administrator for coastal development permits. Senior Planner Zdeba continued that the Zoning Administrator referred the application for a coastal development permit for facility SLC0796 to the Planning Commission for hearing with the appeal as a single project. The proposed location is adjacent to an unusually large parkway area adjacent to a residential district. The entire neighborhood is zoned residentially except for one parcel zoned visitor serving commercial where a laundromat is located. The location on the wider thoroughfare of Balboa Boulevard will limit obstructions to the transmission of signals. The existing streetlight will be replaced with a similar streetlight, but the height of the streetlight pole will increase from 30 feet 2 inches to 34 feet 9 inches. Antennas will be enclosed in a screening shroud atop the streetlight, and all support equipment will be vaulted below grade. The height of the proposed luminaire or light source will remain the same as the existing luminaire and other luminaires along City streets. The applicant considered five alternative sites and determined they are infeasible or inferior to the proposed site. Based on the applicant's coverage maps, the proposed facility will improve coverage. Staff found that the facility will not impede access, impact public view or coastal resources; is consistent with the Zoning Code and General Plan; is visually compatible; and complies with Title 20 and Title 21 standards. Staff has prepared several conditions of approval that address conformance with the submitted design and plans and compliance with State and Federal laws. In answer to Commissioner Rosene's queries, Senior Planner Zdeba was unsure if the City maintains the landscape area or if the City has a maintenance agreement with the adjacent property owner. Assistant City Attorney Yolanda Summerhill advised that the MLA pertains to real property management rather than land use. Staff has confirmed that insurance requirements contained in the MLA have been met. In response to Chair Weigand's inquiries, Senior Planner Zdeba indicated discussion of a potential refund of the appeal fee could occur outside the meeting. The Planning Commission may include a recommendation for a refund in its decision. The new fire station is likely outside the coverage area of the proposed facility. Chair Weigand explained that regardless of the appeal, the application would have returned to the Zoning Administrator for a coastal development permit. Perhaps Commissioners will consider waiving the appeal fee. In reply to Secretary Kleiman's question, Assistant City Attorney Summerhill explained that the Commission may make the appropriate findings to uphold the Zoning Administrator's decision and should take public testimony. Secretary Kleiman expressed concern about the Planning Commission's ability to consider the issues raised in the appeal. 4of11 17-245 DocuSign Envelope ID: 7E43CA71-EFB9-4C73-B4C1-2601CF48D923 Planning Commission Minutes July 9, 2020 All Commissioners disclosed no ex parte communications. The Planning Commission recessed to allow staff to address technical issues with the audio and visual system After the technical issues were resolved, Chair Weigand opened the public hearing. Cory Autrey, applicant's representative, shared statistics regarding use of cell phones and wireless services and data usage. Network density must be upgraded to keep pace with surging demands for data. Small cells cover a radius up to 250 to 1,000 feet; provide increased data density and faster connectivity speeds; and comply with strict standards for radio frequency (RF) exposure. Franklin Orozco, applicant's consultant, stated the small cell facility will increase network capacity to better handle traffic generated by residents and visitors. The palm trees adjacent to the proposed site will soften the appearance of the facility. The applicant found placing a facility in alternative sites is not feasible because utility poles at some sites are subject to future undergrounding; shrouding (screening) a facility on a utility pole is difficult; and the limited sidewalk space around streetlights at alternative sites will not comply with Americans with Disabilities Act (ADA) requirements. In reply to Vice Chair Lowrey's inquiry, Mr. Orozco indicated the small cell facility supports 4G LTE technology, and 5G technology will require modification of the shroud. Mark Pollock, appellant's representative, explained that the appeal is based on issues regarding liability, insurance coverage, and indemnity such that the City could be held responsible in the event of a catastrophe. Municipal Code Section 20.49.080 requires a telecom company to obtain an MLA and a minor use permit. The City's MLA is with New Cingular Wireless PCS, LLC. The MLA does not mention AT&T. The certificate of insurance checklist submitted for the project lists the insured as AT&T. AT&T is not an entity. The manager of New Cingular Wireless is AT&T Mobility Corporation, which is not registered to do business in the state of California. AT&T Mobility Corporation has no legal right to request a permit. If AT&T wishes to apply for a permit, it should enter into an MLA under its corporate name. Twelve corporations and 18 LI -Cs using the name AT&T and one corporation and eight LI -Cs using the name AT&T Mobility are registered with the State of California. AT&T should identify which entity is applying for a permit and which entity has signed an MLA. Condition of Approval No. 34 requires the applicant to indemnify the City. If the applicant is a nonexistent dba, the indemnity is worthless. New Cingular Wireless should provide proof of general liability insurance that lists the City of Newport Beach as an additional insured. The City cannot consider electromagnetic field (EMF) emissions in approving the application, but it can consider EMF emissions when requiring insurance. In response to Commissioner Koetting's questions, Mr. Pollock indicated the appellant wishes to remain anonymous as allowed by the Municipal Code. He reported he has no pending appeals based on this issue in any other cities. He has expressed this issue in a letter to the Public Works Director in the City of Napa in a separate matter. Mr. Autrey advised that AT&T has provided all necessary documentation that shows the relationship between AT&T Mobility and New Cingular Wireless and AT&T Incorporated as the parent company. The signing authority for the MLA outlined the relationship between New Cingular and AT&T. AT&T's insurance coverage does not contain an exclusion for EMF exposures. New Cingular self -insures pollution liability exposures and has provided a certificate of self-insurance. Assistant City Attorney Summerhill related that New Cingular is an entity with AT&T and would be subject to the MLA. In answer to Secretary Kleiman's queries, Mr. Pollock stated the appellant resides in the City of Newport Beach and in the neighborhood where the facility is proposed. He was not aware of any plans or intentions the appellant may have to appeal any other decisions on this applicant's projects. In response to Chair Weigand's inquiries, Senior Planner Zdeba reported Verizon's small cell installations provide a public benefit of coverage for the City's public safety departments, and that exempts Verizon from minor use 5of11 17-246 DocuSign Envelope ID: 7E43CA71-EFB9-4C73-B4C1-2601CF48D923 Planning Commission Minutes July 9, 2020 permit and coastal development permit requirements. Assistant City Attorney Summerhill stated the City's indemnifications are typically identical for all agreements. Community Development Director Seimone Jurjis advised that he was involved in the negotiations with AT&T regarding the MLA. Because MI -As are more of a template, he believed the City's MI -As with AT&T and Verizon are substantially the same with some nuanced differences. The indemnification and liability provisions of the two MI -As are substantially the same. The City Council did not focus on liability when discussing the MI -As. The Council is not considering amendments to the MLAs unless one of the carriers proposes an amendment. The Planning Commission's decision may be appealed to the City Council or the California Coastal Commission. Jim Mosher noted a Planning Commission denial of a coastal development permit cannot be appealed to the Coastal Commission. He inquired whether the applicant considered the rooftops of commercial buildings in the Pavilion Shopping Center as alternative sites. Mr. Autrey explained that the ideal location for small cell facilities is the public right-of-way because the consistent height of streetlights and utility poles provides service to the most people. Private property options do not fulfill technical requirements for small cell facilities. In reply to Chair Weigand's question, Mr. Autrey indicated a macro cell is a larger facility that propagates service over a larger area. Most dense residential areas do not have sites that can be zoned for macro cells. Small cell technology will benefit residential areas by providing the needed capacity and net density. Chair Weigand closed the public hearing. Secretary Kleiman believed the appeal fee is nominal compared to the time and resources staff has devoted to the appeal. The appellant's purpose for filing the appeal has been fulfilled in that the City is aware of the appellant's concerns. The City Attorney's Office will ensure the City is fully protected. Commissioner Klaustermeier remarked that large corporations operate under different entities. In answer to her query, Assistant City Attorney Summerhill indicated the Real Property Department will ensure compliance with the terms of the MLA. Motion made by Secretary Kleiman and seconded by Commissioner Klaustermeier to (1) 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; and (2) adopt Resolution No. PC2020-018 approving Coastal Development Permit No. CD2020-052 and affirming the decision of the Zoning Administrator approving Minor Use Permit No. UP2019-030 with the proposed Findings and Conditions. AYES: Weigand, Lowrey, Kleiman, Ellmore, Klaustermeier, Koetting, and Rosene NOES: ABSTAIN: ABSENT: ITEM NO. 5. SHELL SERVICE STATION CAR WASH ADDITION (PA2016-093) Site Location: 1600 Jamboree Road Summary: A general plan amendment and conditional use permit to construct an automated car wash in conjunction with an existing service station. A general plan amendment is requested to increase the maximum floor area limit for the site by 1,100 square feet to accommodate the proposed car wash. A conditional use permit is requested to allow the addition of the proposed car wash. This item was continued from the November 8, 2018, Planning Commission hearing. If approved, this Conditional Use Permit would supersede Use Permit No. UP2011-028. Recommended Action: 1. Conduct a public hearing; 6of11 17-247 DocuSign Envelope ID: 7E43CA71-EFB9-4C73-B4C1-2601CF48D923 Planning Commission Minutes July 9, 2020 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2020-022 recommending City Council approval of General Plan Amendment No. GP2018-001 and Conditional Use Permit No. UP2016-025. Assistant Planner Melinda Whelan reported the site is located at the corner of Jamboree Road and San Joaquin Hills Road and within the Big Canyon Planned Community. The site was designed for a service station and has been operated at the site since 1970. In 2014, the use permit was amended to allow expansion of the convenience store and to add an Alcoholic Beverage Control (ABC) license. The applicant proposes an addition for a car wash. A General Plan amendment is needed to increase the maximum allowed floor area for the site to accommodate the structure. The applicant seeks relief from the 30 -foot front yard setback requirement. The area adjacent to the right -turn lane acts more as a rear yard than a front yard, and the right -turn lane does not provide access to the site. Guidelines within the Municipal Code recommend car wash services be located toward the rear of sites to accommodate proper queuing and circulation. In September 2018, the Planning Commission considered this application and continued the item so that the applicant could conduct additional public outreach and improve the design to mitigate potential noise impacts to nearby residential neighborhoods. Assistant Planner Whelan further reported the applicant has reduced the proposed hours of operation and added two wing walls for sound attenuation. The applicant proposes 13 onsite parking spaces; required parking for the site is seven spaces. The triangular shape of the site prevents relocation of the car wash without affecting the existing onsite circulation and access to gas pumps. The wing walls will act as noise barriers to the adjacent residences and the plan provides landscape areas facing the right -turn lane. The residences nearest the site are located 115 feet and 120 feet away from the proposed car wash. An updated noise study found the projected noise levels generated by a car wash without wing walls would be below the maximum allowed daytime limit at the most sensitive locations. The addition of wing walls would further reduce projected noise levels. Proposed conditions of approval will require the project to meet the design requirements of the noise study, including the exterior vacuum location and reduced hours of operation. All Commissioners disclosed ex parte communications with the applicant's consultant; Chair Weigand disclosed communications with nearby residents; and Commissioner Koetting disclosed communications with a nearby resident. In response to Commissioner Koetting's inquiries, Assistant Planner Whelan advised that staff considered relocating the car wash closer to the convenience store, but it would negatively affect circulation and access to gas pumps. The wing walls will be constructed in compliance with sound attenuation requirements. They will be masonry walls. Staff considered the triangular shape of the lot, the site being surrounded by streets, guidelines recommending the location of car wash services at the rear of parcels, the intent to apply the 30 -foot setback to street frontages that provide access to the site, and lack of access to the site from the turn lane as factors in support of granting a reduction in the setback. The existing trees should be maintained on the site, and the applicant proposes additional landscaping along the perimeter of the site. In reply to Commissioner Ellmore's queries, Assistant Planner Whelan indicated the City Traffic Engineer's standard requirement for car wash queues is five vehicles. City Traffic Engineer Tony Brine explained that a sixth car would extend beyond the queuing lane and block the end parking stall. A total of eight vehicles could queue for the car wash without impacting traffic on Jamboree Road. Signage directing queuing has not been proposed. Chair Weigand opened the public hearing. Steve Rosansky, applicant's representative, shared photos of the site. The plans now include 10 -foot wall extensions to mitigate noise, additional plantings behind the car wash, and relocation of the trash enclosure. The entrance and exit doors for the car wash will be made of plexiglass and canvas. The car wash queue will accommodate five vehicles. Seven parking spaces will be located along the right -turn lane, and six spaces will be located in front of the convenience store. Vacuums and air and water service have been relocated to the area in front of the convenience store to reduce noise for residents. The applicant originally proposed hours of operation of 6:00 a.m. to 11:00 p.m. and has modified the hours to 7:00 a.m. to 10:00 p.m. He shared a video of a similar car wash in operation with closing doors to demonstrate noise generated by the car wash. The maximum allowed 7of11 17-248 DocuSign Envelope ID: 7E43CA71-EFB9-4C73-B4C1-2601CF48D923 Planning Commission Minutes July 9, 2020 daytime noise level is 55 Decibels (dBA), and noise levels projected for all receptor sites were less than 40 dBA. Projected noise levels for the vacuums were approximately 30 dBA. The applicant offered the homeowners' association funding for additional landscaping along the berm, but the homeowners' association declined the offer. He described the design differences between the car washes at the Chevron service station and the Shell station and his outreach efforts with the homeowners' association, Park Newport, and residents. The existing trees and planter at the rear of the property will remain. The trees will be protected during construction. Relocating the car wash closer to the convenience store will result in relocation of the delivery entrance to the convenience store, obstructions to gas pump access, and changes in circulation. Signage directing vehicles to queuing areas for the car wash can be installed. The applicant agrees to the proposed conditions of approval. In answer to Commissioner Koetting's inquiries, Mr. Rosansky indicated relocation of the hydrogen station has not been considered but would be a huge expense. A car wash takes approximately 5 minutes to complete. The similar car wash shown in the video is located in Irvine. A condition of approval can be added to require functioning doors on the car wash. Ahmad Ghaderi, project engineer, reported the car wash will be constructed of blocks with a sheet -metal cover. The wing walls will be constructed of blocks. The length and height of the walls meet the acoustical requirements of the noise analysis. Marilyn Brewer, Canyon Mesa, advised that the gas station and convenience store have created loud and unanticipated noises. Noise travels differently from the site and impacts the neighborhood to a greater degree. The car wash cannot be relocated because the site is fully utilized. Michael Klaus, Big Canyon HOA, opposed the applicant's request for a variance from the setback. Building a car wash between the service station and residences will cause sound levels to exceed 55 dBA. The project will negatively impact residents' quality of life and real estate values. Paul Geary, Canyon Mesa, expressed concerns about the lack of a demonstrated need for a car wash and the financial impact of the project on residences. Two car washes are already located within a half mile of the site. He urged the Planning Commission to deny the application. Helga Meyer, 33 Rue Fontainebleau, opposed the project because the car wash will add to existing traffic noise, traffic in the queue will generate pollution, the project will reduce real estate values and residents' ability to enjoy their homes. Chrissy Cruze, 3 Rue Fontainebleau, shared issues caused by the development of a nearby apartment complex and increased noise generated by the expansion of the convenience store. Gerald Giannini, Rue Fontainebleau, believed the proposed car wash does not adequately mitigate sound and requested the Planning Commission deny the application. The car wash shown in the video does not operate as depicted. His sound measurements at the car wash were considerably higher than projected in the noise study. Leonard Simon, 37 Rue Fontainebleau, opposed the project. The metal sheathing would amplify noise. The project will increase traffic, noise, and pollution. Canyon Mesa should be considered an environmentally sensitive area such that the CEQA exemption is not allowed. The hydrogen facility is a safety issue. Mark Coleman, 34 Rue Fontainebleau, discussed the lack of need for an additional car wash. The automated car wash will not create jobs. The project will damage the value of properties in Canyon Mesa. Reducing the setback indicates the property is already over -built. Gerald Giannini read a letter from David Kuhn, 30 Rue Fontainebleau, who adamantly opposed the project because a service station is incompatible and not harmonious with a residential development and approving additional development on the site does not consider the cumulative effects of prior modifications to the site. James Sanders, 4 Rue Fontainebleau, related his difficulty selling his home even after price reductions. Residents do not want the extra noise and traffic that is generated by the service station. 8of11 17-249 DocuSign Envelope ID: 7E43CA71-EFB9-4C73-B4C1-2601CF48D923 Planning Commission Minutes July 9, 2020 Lynn Swain, 7 Rue Marseille, strongly opposed the project and noted properties in Canyon Mesa have not sold after years on the market and significant price reductions. Realtors have opined regarding the detrimental impacts of noise and traffic on real property sales. An unidentified speaker read a letter from Lynda Bentall, 38 Rue Fontainebleau, who opposed the project because it will increase noise, light, and traffic. An unidentified speaker read a letter from Chris Alevizos, 32 Rue Fontainebleau, who believed granting the reduced setback would decrease the value of his real property and increase noise. Skip Wilson, 9 Rue Fontainebleau, listed the properties for sale in the neighborhood, the number of days on the market for each, and price reductions for each and attributed the lack of sales to the noise generated from the Shell station. Carl Swain, 7 Rue Marseille, emphasized previous comments regarding the need for a car wash; adverse effects on property values; increased noise, glare, and light intrusion; differences between the car wash depicted in the video and in reality; and detrimental and cumulative effects of noise on homeowners. Mr. Rosansky advised that no noise complaints have been filed against the Shell station. The Newport Center car wash has been proposed for redevelopment. Based on his internet research, a total of six car washes are located in Newport Beach. The Shell station, built in 1970, has modified its business model to stay current with the times. A service station's profit is derived from additional services, not the sale of gasoline. The applicant leases the property for a substantial rent amount. Modification of a use permit is common. The Municipal Code does not require a business owner to live in Newport Beach. The video of the car wash is intended to demonstrate use of the doors and the noise level. Conditions of approval for the Chevron car wash do not require entry and exit doors. The sound study shows that sound generated by the carwash will be insignificant compared to the existing ambient noise. Mr. Ghaderi reiterated that the construction will be block walls and ceiling with a sheet -metal cladding that matches the convenience store. Mike Holritz, acoustical engineer, reported noise is cumulative. Adding 40 dB to an existing 60 dB noise level results in a noise level of 60.4 dB. CEQA's level of significance for noise is an increase of 3 dB. If noise levels increase 3 dB, noise must be mitigated. Adding noise from the car wash to the existing ambient noise increased noise levels by less than 1 dB. Deputy Community Development Director Jim Campbell clarified that the City's CEQA significance criteria for noise is exceeding the Noise Ordinance. Typically, a noise increase of less than 3 dBA is not perceptible to persons of normal sensitivity. The information suggests the car wash will not exceed the Noise Ordinance and, therefore, the noise attributable to the project would not have a significant effect. Chair Weigand closed the public hearing. Commissioner Rosene remarked that the doors on the Quail Hill car wash are not operational. The Quail Hill car wash generates significantly less noise than the Chevron car wash. The street noise on Rue Fontainebleau today is loud. The applicant is willing to close the car wash if the doors are not operational. Perhaps the applicant would be willing to change the hours of operation. Locating the vacuums and air and water service in front of a dedicated parking space seems odd, and they should be relocated elsewhere or removed from the site. He expressed interest in possibly adding the wall along the setback line. Chair Weigand reopened the public hearing. In reply to Commissioner Ellmore's queries, Mr. Rosansky reported the applicant owns approximately 50 service stations, nine of which have car washes. Fred Kim, business owner, advised that he has acquired the car washes rather than constructing them. The car washes are busiest during the morning and evening commute times. The number of cars using the car wash after sunset decreases drastically. At this location, business is slow on Saturday and even slower on Sunday. 9 of 11 17-250 DocuSign Envelope ID: 7E43CA71-EFB9-4C73-B4C1-2601CF48D923 Planning Commission Minutes July 9, 2020 Commissioner Koetting noted changes between the 2018 and 2020 projects are two 10 -foot screening walls, hours of operation, and funding for additional vegetation on the slope. In driving around the City, he found 12 car washes. He questioned staffs rationale for proposing Condition of Approval No. 29 requiring the use of recycled water only if is economically feasible. He agreed that the proposed location for vacuums and air and water service is odd. He expressed his position that the car wash is inappropriate, in the wrong location, and unnecessary. Chair Weigand indicated there should be a condition of approval requiring the applicant to maintain the car wash doors. In response to his questions, Deputy Community Development Director Campbell reported the service station regulations provide different setbacks for different features. A car wash must be set back 30 feet from a public street. Staff administratively approved the installation of the hydrogen station at the site previously. Chair Weigand remarked that the hydrogen station could generate more noise than the car wash. Mr. Holritz clarified that each wall is 16 feet high and 10 feet long. The length of the walls can be extended, which will provide some additional noise reduction. The scenario considering noise bouncing off the walls back to the residences was not analyzed because noise levels were already below the City's noise standards. Noise will bounce off a flat wall, but that type of reflection will not significantly increase the noise level. To minimize the echo, the wall will be constructed with split -based block and covered with landscaping. Chair Weigand closed the public hearing. Commissioner Klaustermeier commented that the concern is noise, and no evidence in the acoustical report indicates the car wash will add significant noise or increase the ambient noise level. The ambient noise is caused by vehicular and aircraft traffic. The applicant has addressed some concerns and has agreed to some mitigation design features. Commissioner Koetting stated the request for a 15 -foot reduction in the 30 -foot setback leads him to believe the site is not appropriate for the use. Too many facilities are being crammed onto the site. He could not make the findings to approve the project. Motion made by Commissioner Koetting to deny the application. The motion failed for lack of a second. At Commissioner Klaustermeier's request, Deputy Community Development Director Campbell explained that the service station regulations require a 30 -foot setback to public streets for car washes. The applicant requests a 15 -foot reduction of the setback. The Planning Commission may reduce the setback with the findings contained in the resolution and it is not a Variance application. Commissioner Ellmore could support approval of the application with amendments to reduce the hours of operation to 7:00 a.m. to 8:00 p.m. and to require signage regarding queuing and closure of the car wash doors while a car is being washed. Commissioner Rosene proposed removal of the vacuums. Chair Weigand reopened the public hearing. Mr. Rosansky, on behalf of the applicant, agreed to conditions of approval regarding signage and functioning doors for carwash operations. After discussion with the applicant, the applicant agreed to remove the vacuums and requested hours of operation of 7:00 a.m. to 8:30 p.m. Chair Weigand closed the public hearing. Motion made by Chair Weigand and seconded by Commissioner Ellmore to approve the staff recommendation with amendments to require signage for queuing, to require functioning doors for and during operation of the car wash, to remove the vacuums entirely, and to limit the hours of operation of the carwash to 7:00 a.m. to 8:30 p.m. 10 of 11 17-251 DocuSign Envelope ID: 7E43CA71-EFB9-4C73-B4C1-2601CF48D923 IX. X. Planning Commission Minutes July 9, 2020 Commissioner Koetting reiterated residents' concerns about noise, environmental issues, property values, no job creation, and no tax revenues and his concern about the reduction of the setback. The motion passed by the following vote: AYES: Weigand, Lowrey, Kleiman, Ellmore, Klaustermeier, and Rosene NOES: Koetting ABSTAI N: ABSENT: STAFF AND COMMISSIONER ITEMS ITEM NO. 6 MOTION FOR RECONSIDERATION None ITEM NO. 7 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA. Deputy Community Development Director Campbell reported the second meeting of the Housing Element Update Advisory Committee (HEUAC) is scheduled for July 15, 2020, at 6:00 p.m. in the Council Chambers. The Planning Commission's agenda for the July 23, 2020, meeting contains three items. ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES None ADJOURNMENT — 10:45 p.m. The agenda for the July 9, 2020, Planning Commission meeting was posted on Thursday, July 02, 2020, at 12:15 p.m. in the Chambers binder, on the digital display board located inside the vestibule of the Council Chambers at 100 Civic Center Drive, and on the City's website on Thursday, July 02, 2020, at 11:30 a.m. yDocuSigned by: Erik Weigand, airman DocuSigned by: Lauren Kleiman, ecretary 11 of 11 17-252 Attachment H Project Renderings and Plans 17-253 PA2019-111 M SQUARME-'�" WIRELESS 1887 CALLE AVANZADO SAH CLE W WE CA 92M (W 9} 981 d84 Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps GRAN RLOS CSTAM 003 CSTAM 03A City streetlight No. SCLO796 at the northwestern corner of W. Balboa Blvd. and 30th St., Newport Beach, CA 92663 AT&T &2016 C oogi^_ 01.19`- VIEW 1 1 LOOKING SOUTHEAST i`51 17-254 PA2019-111 M SQUAREIE■;� WIRELESS 1887 CALLE AVANIADO SAH CLE W WE CA 92873IWW%3914624 Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps GRAN RLOS CSTAM 003 CSTAM 03A City streetlight No. SC L0796 at the northwestern corner of W. Ba€boa Blvd. and 30th 5t., Newport 9each, CA 92663 AT&T X2016 Cwogle N.pps VIEW 2 1 LOOKING NORTHEAST 2'52 17-255 PA2019-111 M SQUARES■;� WIRELESS .V CALLE AVANIADO SAH CLEWW ECA 92873 MW%M 4624 Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps GRAN RLOS CSTAM 003 CSTAM 03A City streetlight No. SOL0796 at the northwestern corner of W. Balboa Blvd. and 30th St., Newport Beach, CA 92663 AT&T y:20MC—gk Mfaps VIEW 3 1 LOOKING NORTH 115S 17-256 PA2019-111 row+wr-rm.a rFwr va.w xar ce�raw.+..e r•e.e a� +Ire cane v :br°C�/Ce«w MbWlq o�eE n: ����ES•,�r„s,o�r�� ro u�ow.x+lwee canvoE,,wcaoau�auurco nulrAm•n Fw.o,x�wsn CRs rprnAgr.:�.W.�ico�rpyry x�m•uN'uh,AMWwrRHrNGiinIC Cil: I CODE COMPLIANCE n...cnmr t 1.nwnao n,m °Er eor.u,w.wnlr.,rr . ncwrraw w° E Prt 1,4wle-e.Ncronirgr �CN[R1[FVCt. wrNRl MrIq RN rMsn O�'mWe ie�Fpu�lk Ah�,n rAnt -�..rEXCwE AEWA! H X+C. GENERALNOTES g Dig Alert 0 ,oaiaw can e.Ati. va+u 851 ! 8pp-022133 DIG ALERT ... -. i,W�xwwr w °nlmrraw „W >oTM 5l i1i Bi lm �4WRc5E$ eurcnuu¢be :,r b ,mnel�x„ va>;1G� urxowc.�r�en �"_ f°fnor nnua,o Ei Evnrrw 1n*m w.• r0[-1 rv�a OFyG� r.EVYµ1 ioral+u ww.ls � ri rrA. FPOnwt� WE uMur.rn 1FysdµMR•lmws ,nuvy,r EtFWmk� EevFl�cpmux R.w PROJECT SITE INFORMATION Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps SITE NAME: CSTAM 003A SITE NUMBER: CRAN RLOS CSTAM 003 PROJECT: CRAN/ SMALL CELL/ PICC USID: 213735 / FA: 14823072 PACE: MRLOS051977 at&t POLE TYPE: (N) CONCRETE LIGHT POLE POLE ID #: SLC0796 LATITUDE/LONGITUDE: 33.613872/ -117,931656 SITE ADDRESS: CITY STREETLIGHT NO. SCL0796 AT THE NW CORNER OF W. BALBOA BLVD. AND 30TH STREET, NEWPORT BEACH, CA 92663 Cnt i in[M1.cAi [sF� _ pq rra�n.RW woFnaree ar eRrwa. Bi lm �4WRc5E$ eurcnuu¢be d u.Epla cr,yxla nq»I,cAet'fp x sas ,wx Lo--r�eFi�E mrrn �d•WiAr.r.CM trer1. �rii w'Pw'v'w �rrw.rxl. r0[-1 rv�a OFyG� e+rAR �laµntt nw DRIVING DIRECTIONS PROJECT TEAM Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps SITE NAME: CSTAM 003A SITE NUMBER: CRAN RLOS CSTAM 003 PROJECT: CRAN/ SMALL CELL/ PICC USID: 213735 / FA: 14823072 PACE: MRLOS051977 at&t POLE TYPE: (N) CONCRETE LIGHT POLE POLE ID #: SLC0796 LATITUDE/LONGITUDE: 33.613872/ -117,931656 SITE ADDRESS: CITY STREETLIGHT NO. SCL0796 AT THE NW CORNER OF W. BALBOA BLVD. AND 30TH STREET, NEWPORT BEACH, CA 92663 Cnt i in[M1.cAi [sF� _ pq rra�n.RW woFnaree ar eRrwa. rzRr°o"r' iireiiEi�iio l�+r•sirar"r't+�rvciirrw`"°'�`r�.c.°rirow.r ,urw �Errano EwreE !a .ryu ceA� x sas ,wx Lo--r�eFi�E APPROVALS w�punre�w n/rN N'b„�N ASF nolo rsn 5.mrwww.vEm r0[-1 rv�a OFyG� DRIVING DIRECTIONS at&t CITY NOTE 1457 EWNGER AVE. TUS nN, CA 92790 SPECIAL INSPECTION L ✓�'*E Fnrt:Wn[W i[rw,IM4+S lgw[C,�Wi - r- 6RKSSOH ..e�al•,rr•F.ur,owmxawr��r�wrtic.�, sm coulM�Hce, sTe. xoa IRVINE- CA 97692 CONSTRUCTION DRAWING �:— ==-K-•.1,11 woFnaree ar eRrwa. motif .1, °LCM4rIPN M•AVA� .nolEci µA+Ymeic rwlwr,<,ndc •ALY°rE1me![ ,M1�rvSr��. d1EEi 11��W1i_u !a .ryu ceA� APPROVALS Ya�uv *a ryerli.5 h¢w w+uE5c.5: - �: r.unmR c[wr,Eo ry TMs wow near foi.l.VrrnrER uGr.4f. +.e moor caarsra ..e rerwra.c +rFi leyN4T4 •xry,wcfeAfeTrlan • sV'y'AT.-T= T {E SF.EF,LIrHr ,a:i's*.0 henn,r..rtuore wanrlrnrs 1 +w. usror.wa�rEi.. unry.0 !. „uIT, PROJECT DESCRIPTION smEETNo] SHEET TITLE SHEET Na SHEET Tn LE d1EEi 11��W1i_u !a .ryu ceA� rtn [R-1 1ct °eul Ofxr� wNNf+°r µSHM r0[-1 rv�a OFyG� °.*E R/�X oqule�e�i olrN�s ,4A EtFWmk� EevFl�cpmux R.w EE[vAnxre rrr9wn mor rears w +eEnr,rmrnex ,rq•Pr(R Msk or,µ. _ DRAWING INDEX M SQUTARCDJ ++n CF1.c° . R.zxea E WmR EPwLr•enFnr SITE W- CSTAR _aom C rTY STREETLIGHT NO. SCL978S AT THE NW CORNER OF W. BALBOA BLVD. AND 38TH STREET NEWPORT BEACH, CA, 92863 .�rvEE* n,LE "TkttE SHEEP 1-29 17-257 m.�.�-.Gr�R�W,.u�� d1EEi 11��W1i_u �z aw�[ES��rn��rl5trrr✓irr o[.eEo.m /�n•rnx>N-n�. OR 5.Y¢ T-1 DO NOT SCALE DRAWINGS _J_j 1-29 17-257 PA2019-111 Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps 13D 17-258 NATIONWTDE SURVEYING INC. 00 � at&t �� ]452 EOINGFB AVF NOV BMIBFR 19, 2(119 TLB11N,CAB2720 l -A ACCURACY CERTIFICATION AT&T CRAN_RLOS_CSTA11_0#3 OATCOFSURVEYi NOW. MBER 15,101() SITENAME-- CRAM RLOS CSTAM 5813 -_ RRH:SSOH — TYPE: sTREETl.IaLIT SITEADDRM-, CITY $TRY'1;TI.IGHT No.SCL-079Ii ]3p CtlMMEnCE. STE.200 IRVINE GA 92692 AT THC NO RTHWESTERN CORNER OF WEST BALBOA BOULEVARD AND 30Ti} STREET �n AR6v. I hcrchy cert ify shat the Iatilude nod lnngittulc of the fol low ing arcax art as fnliows: .., ehLl� •r..xAva GEOG RA PHI C COOR DI N ATE$: (NORTH ANI ERICA N AATUN11983) LATITUDE I,ONGITkJDE Exis,rINo STREET LIGIIT 1101-r .13'16'49,94'N 117" 55'53 .96' W (NAD 83) 31613x372 -117,931656 (NAD 83) I furl her ccnsI4 that she vie vulions; shown hcrcan ore Ahavc Mean Sea .L uvel. North American Vertical Doi lm 1988 (NA VD $81 _ rx.�E-0 ELEVATIp;VS (NANO 88) a �iawcp ur �� GROUND ELEVATION ft FXISTING STREET LIOtIT POLE LOCATION 8,82 FEET A.M.S.I_. T(iP ELEVATION OFEx1ST7NG STREET' LIGHT MLE = 36.10 FELT A, M,S,L, eec cua sEw.n TOP ELEVATION OF FXI$TFNC, 5TRMT LIG HTSE-NSOR (HIGHEST POINT] = 38-40 FL+RTA,IN,S.L. MEASURE HEIGHTS HFIGI-11' OF EXISTING STREET LIGHT POLF = 2T-3" A-G,L- LILIGHTOF EXISTING STREET LIGHT SENSOR (HIGHESTPCI INT) = 311'-2" AA.L. The horlxornal acmmcy for Illc Ladlude and Longitude is s 5 free. rhe vertiunl necumay for U1c Elcvalino is m I foci. The mnawlncA llaighl of the fealirms Wated is s I f tai, The 600grnphiC Conrdinnlu arc Dosed upon the &ate Plane Coordinale System of 1483 (NAD 831. Wltbrnia Zone 5 and wcrr estahlishcd by static GPS Past ProLwsing mtnhud, uUNYni8, NGS GPS Manumcals. The Smannct North Amcrica C'.O.R.S. "CALK" Neynbon = 366.53 Feet (NAVI} 891. Rk .� ^���;; •w"`^a+ SITE 10: CSTA14_003A Cit y STREEMIGKF NO. SCLam6 L] t AT THE NW CORNER OF W. 4'HARCL�II. BALBOA BLVD. AND SBTH STREET PLS A? F NEWPORT BEACH CA, 92663 LS 8742 EXP- 12/31/2020 snE ET n *� E 1,A ACCURACY NATIONWIDE SURVEYING (NC. 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IJRG[ nEs awn.1„ ullrRl .ry 11.... �Umm G N-1 ABBREVIATIONS 2 NEWPORT BEACH GENERAL NOTES 3 GENERAL NOTES 4 I31 17-259 PA201 9-111 Attachment No. PC9'Photographic Simulations, Project Plans, and Coverage Maps ���17-260 at&t NS -TITLE REPORT .1 ERICSSON LEGAL DESCRIPTIONi xk, 117 @A,Lt AVA.2 AD 6 \SSMSORS PARCEL NO. %­ - 1 N\ REIKH MARK D ATE OF SURVEY VA& 04 AT THE NORTHWESTERN CORNER OF WEST BALBOA BOUILEVA RD AND -30TH STREET CRAMIK SCALL TOPOGRAPHIC SITE SURVEY ���17-260 PA2019-111 un,E 1.��ilwE..OaS+n W.�r m,v •r,P�tT� lLcnxaus Prrion rcµr r�y,5rp, Aa, enlau,:igr0 Hweea s �l ea >rsiu rEn ix�rx.[i 6Tvl r.��dx of E[EE1W 4 •ru�WwwwLq T.Er6 ewrrexr aiwiet nwau rowrw�xam.o a[.[ LM 1 MP��TwEa �yryaWnvapq�MG Wl,i ­T*aGwwi vix iLE ..w ti5lr+v Mt2we PxoTE[T,IiE E.rsnua P.w[gAv u,vSmEn *xEESwPuts WMEI� RpypyEp EW wywu¢er [aeTrsuci�.,y., clam Eur.�e yy �pEra,Ly sHYl iE r I,ln,A[(pr4ryrrL 5[crvW NtWEEx� xrg r„nrriy xQ Mw uf.rp.r: uq vYrW e arrtn.rlc.m-,nre�rnarwn.w.xnr lna�rn.f nnu A SITE PLAN Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps INIm�vC they INI uE �waryQlExw,el JM RTli•-.e_ f Iwl�oumPoau[i�� � +� IlI WI AUE,s,,..�� wr IlinvmWAr,TeM1, IlisP[WWEt rvl•I I I tPK_r� E:rLt,v�E 5i.11„rEttEME 34TH ST. � n ^i w I t I n,ra.rriaoenwm, �•�, s I T+I I � I II I �I 1N! rip; ro a .rs*+Esu //r BLiW Uu➢[ fvx AihT, Y ^ IH] N/� FrNill 1A,4 r' nw rr� r+n rlumlue iv MI to C" L rsunxHr re* •fm I MI �"" 41, I -• jry1 WG P,Qp vw � •Y :OHCrciC SiAFRI.GwE fe[ Iryi [RFA ,WeuRf R, eF I Wf.Ub Ru1N' LPM[ ier 01ki a .r 6wEln! ur.pEll sexwTL rlirY �r `` —f. fD •'m pP xF+�i 9FM:e GE�STEr-- �f�S•. � srrxpn,cM IuwT.el n; eE ncwnm • i. eowu�crcvrr'r!Exn.a•r w� .In -- 30TH ST. ` c�r.Tnx; Euc+wr �e-+wt�a.Esw ENLARGED SITE PLAN -. i'° 1452 EBINGER AVF TUSTlN, CA 92780 @RICSSOH $n COMMERCE, STE, 2QQ IRVINE. CA 92642 WIRE LE55 t.e} C�LaL R��v2Ava W l Pa.w,[ pnPavnO R,1eM >� PNLvQrFP` Pur.oucr.[cn�r E 4Mvn,v o ,mmo,P srrE lo: CST t.isfwG �� 3fEu LI { _003A CfTY STRE ETL IGHT NO. 3CL0796 W woW j t, AT THE NW CORNER OF W. tP BALBOA BLVD. AND 30TH STREET NEWPORT BEACH, CA, 92863 y ry—E ' Pr,oPwEv 'ryawwlsaw nwrrn Fury IE ET J-J'EP o.�e oanrn,ro yyeSL,rle,.!n lP�r1+IM ArLf, I I A-1 I 1 f uear,c [,L�Nrec sees„ rucru� � L.LMS } ,' q+a�4urw,TlQe,ellE ua! • �m � I I �l�I � +I II I . , [p '.liW nrl.W�pKi.vOHlrltl- YT Wfv rulpPq�y e, Ai[T, � lAslli,c 51 SC. ••�E iNf-�[ wG,rwTu-_ ; waaenA — .�ure.L •ae .r_ -.r e r r � n ^i w I t I n,ra.rriaoenwm, �•�, s I T+I I � I II I �I 1N! rip; ro a .rs*+Esu //r BLiW Uu➢[ fvx AihT, Y ^ IH] N/� FrNill 1A,4 r' nw rr� r+n rlumlue iv MI to C" L rsunxHr re* •fm I MI �"" 41, I -• jry1 WG P,Qp vw � •Y :OHCrciC SiAFRI.GwE fe[ Iryi [RFA ,WeuRf R, eF I Wf.Ub Ru1N' LPM[ ier 01ki a .r 6wEln! ur.pEll sexwTL rlirY �r `` —f. fD •'m pP xF+�i 9FM:e GE�STEr-- �f�S•. � srrxpn,cM IuwT.el n; eE ncwnm • i. eowu�crcvrr'r!Exn.a•r w� .In -- 30TH ST. ` c�r.Tnx; Euc+wr �e-+wt�a.Esw ENLARGED SITE PLAN -. i'° 1452 EBINGER AVF TUSTlN, CA 92780 @RICSSOH $n COMMERCE, STE, 2QQ IRVINE. CA 92642 WIRE LE55 t.e} C�LaL R��v2Ava W l Pa.w,[ pnPavnO R,1eM � ESSr A�¢���• F`Wy,WpaEY A o s 5a T X C1V5'- 6FCALIF� >� PNLvQrFP` Pur.oucr.[cn�r E 4Mvn,v o ,mmo,P srrE lo: CST t.isfwG �� 3fEu LI { _003A CfTY STRE ETL IGHT NO. 3CL0796 W woW j t, AT THE NW CORNER OF W. tP BALBOA BLVD. AND 30TH STREET � ESSr A�¢���• F`Wy,WpaEY A o s 5a T X C1V5'- 6FCALIF� I3s 17-261 =r srrE lo: CST t.isfwG �� 3fEu LI { _003A CfTY STRE ETL IGHT NO. 3CL0796 W woW j t, AT THE NW CORNER OF W. tP BALBOA BLVD. AND 30TH STREET NEWPORT BEACH, CA, 92863 y ry—E SrvEE�TT�IE SITE PIAN IE ET J-J'EP A-1 I3s 17-261 PA2619-111 Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps �3 17-262 ro� . kv�•cWridi�al /E glsgrvpry./sDa %N��kEOLUHAve1 µLrgw[EyKUEpe»wa io w.rpllpr�apn¢TE �iv'`�, s.wn urprr•ne rnepe Naner wen cwrncr wra, a.ui wrrn pcwva.c. 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CA, 92883 ap�xq µwig' f —n) • -• SrvE L" r'� � E �E w' � f u rafiaEan.o w v ELEVATIONS •u4 rywr. 4. �+!ECi •r�,,v n p1 ttcXaNEFT.nnwnvv. =i11 A-2 EXISTING NORTHWEST ELEVATION _ 2 NEW NORTHWEST ELEVATION ; ?,e�—_',�o• Y /— �3 17-262 PA2919-111 Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps 135 17-263 "ou.r..,csow.�=f..w�x ie.� raano.aarr�w�e ns��x M1:aear�w� � Lcoo. at&t � `-bE�uxip�jEET�yi�WLAEWWC W rFN4ow Ca44tl Mrts iWl6c CITE' ca.rlu,ercA niaf ewui naroaE v Ewrrv¢ a*uEEr �wwE op.c. uvnvartEo 10.52 EOINGER AVE TUSTIN. CA 92700 E,ocmirr,* ERICSSON i al»w crew 41-4 av+uv 330 C OMMERCIE.9 602 200 IRVIHE-CR 92G02 Y MAIMIIK FLLI! � WIRE LE55 11�T CALL! FVFNi,eu 4 ✓` A'9ate wdr+p+arlussNo.wa �TMln swy .�vn�wnrF, ExrrwY I� o�Ke9r E tY Ve,b s�Lin,yrgryT.p rm,0 ooe cna.Fu�t,aY Ilk w. 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CA 97607 M SQUARI(M, f1/f CALL[ AYANi A00 W10.9wn/ w9aif a1N 1Yli� J r - l ,4'7- I 4 f [ 003A SITE 4"-H CITY STREETLIGHT NO. SCL0796 AT 717E NW CORNER OF W. BALBOA BLVD. AND 39TH STREET NEWPORT BEACH. CA. 97687 MEFr71ZF Si7E IMAGE •yrt rT-�r•,i[v A-4 PROPOSED SITE LOCATION LOOKING NORTHWEST T �3 6' 17-264 PA2919-111 Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps AVAILABLE FROM E%GEL SIGN AND Dr; J L h4lArrw,wen¢ejalgM..camfhome.pnp7cek 1135 RWa CLICK ON AT&T PH- 510-851-134 ' 'For I C-18 T %E NOTICE -For 1 Foal Distance- VINYL DECAL WITH ADHEDSIVE BACISIND OTIC RF ot-gy"&ad by lrif d4 6 may ottale Ine iGCs p t—li ( } plow prppyive Ilmiq SWY.1 foo.l1 feel awry Fpm fflo +A. f. -S pCA'k18PF7F27Arr7WP 7x+D �+�M ncrnar mMr� 7 kat _ Plane 3 NOTICE silcker at the hOHom Of the Rant nF the FadomS oI each antenna. � 4os- - '� 1 K._�..� =�r � Sim _ - `"' ' - - � ^�.d � 4 1 at Yt&t 4 ` 7d62 EDItiGER AYE TIJST]H, CA 9778D �RiC�JrJ� 3313 COMMERCE. STE, 200 IRVINE. CA 97697 M SQVIARI(D_, :were." `.' dMNi ANTENNA DISCLAIMER LABEL : ;`• 7 ERICSSON - RADIO 2205 4 GALTRQNICS QMNI ANTENNA :ii• ;' i r r w. .c .u. -io FRLTNI BACK SMM 3 roe E 1t0 . AeE.T..L+DtRA 9 m e +eOFV.aTncio�• • ti+*N•. r%f -crus_ c p- 01 IN .IN �o Glil�l *W w �•w'•�•x•ri aroma w.nx o•xnwoi.� SITE iD: CSTAM D6.iA _ CITY STREETLIGHT ND. SCL07% AT THE NW GARNER OF W. BALBOA BLVD. AND ,11TH STREET NEWPORT BEACH,CA, 97887 low _ Rn• ucmo GM1�FEIw�R �4i -Ri SCE UN METERED FUSED PANEL : -- ": 8 RAYCAP D#SCONNECT , : 5 ERIC55DN -RADIO 2203 2 :WMF-D ni. [��Ei+LNG TTS- 1'f' — -- COVER FEATURES: • STAMMFW LOAD RATING i9." U15 VMEES Lt AV ON ra'.ZG-PLATE • 2 BOLT DCWN LOCATI043 STAINLESS STEEL aOX INSERTS • POLYMM OWCINET= GONFTAII ,'SION .NPH-sIIIP SURFACE STANWQ _ .` LIFT PRN IR PLI •P1NC III BE EMbpSSEG COYER • r _ . AmRDXi ATEWEIGRT=*ZOLBS �- � - II auroowreslroLl — .--.ti- -.. Mp'"'TIM • PikYMER C✓7IIGRETE GCNSiRUCnPN RECESS uDHTNEIDHi$�t1 RLI . 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SIDEWALK DETAIL 1 7 1 TRENCH RESURFACING 1 5 1 ROADWAY TRENCH 1 3 1 PARKWAYTRENCH I� -fWLY NOT USED BY F" TG vF+wL4 8T KTBDLN 6 rlN 140LTa T9 CLN ; w �uM AIEAw AJ✓k%X AV 0( 1011041E >ro AY01D CA06¢TNPppgI14 �Fi1n� 34�I ME H .1 WIaMV Efi2naC',wR I &-7 fNnifl'wn- rN t ' yf,.OK ylEy/ '^ Fhti:7f?IiN4 I/Tf"rrc: �^TT X11 NEy S NOT USED 16 NOT USED 4 LUMINAIRE ATTACHMENT at&t 1452 EOINGER AVF TLSTIH, CA 92760 @RKSWN 339 CWMFRCE. STF- 200 IRVINE CA 92692 M SQVARI(DJ VVTRf LE55 1s.1 c♦�r. AVA.xAva �ypFE55rq�, m oL Qa F � sa r crva ¢ CAL�� .4E Ir1.L •g1R1 lwnt>tr�iclwf YUWIrM� 1P. 'worm EEK+[>si�1uE1SNE F T1V1anre 1ptNmr CITY ETRE ETGGHT N9. 3CL9796 �E45 Ib Q.,E0 JE GR> Flm TLi 'rngwl t++c.ireunf • A T THE NW GARNER OF W. BALBOA BLVD. AND BOTH STREET NEWPORT BEACH, CA. 92663 w+c Za- �ypFE55rq�, m oL Qa F � sa r crva ¢ CAL�� �3 q 17-267 YUWIrM� 1P. 'worm EEK+[>si�1uE1SNE iG: CSTAM_003A CITY ETRE ETGGHT N9. 3CL9796 �E45 Ib Q.,E0 JE GR> Flm TLi 'rngwl t++c.ireunf • A T THE NW GARNER OF W. BALBOA BLVD. AND BOTH STREET NEWPORT BEACH, CA. 92663 - CITY OF NEWPORT DETAILS :"EIF 1-1. 0-3 „L ms2 �3 q 17-267 PA2019-111 Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps 14 0 17-268 FOR REFERENCE ONLY aw ��• EOIHGER AVE. LEOTEK - L(QTK Gr Ce6ri"' Midsia LED S[re.= Qgtit ' Bnmcoka-eawoft LED 5E1wr Irght �a� GCM Hder:q fycr:Acr.•en om lerM TUS-nk CA 92700 GCM N•s.nes sw r ww v.. a a. Ew.�e.ee . 370 COMMEINCE, STe- 2O9 S j �•�a:..r.r��..w_ _ "�,"..'�. IRVINE CA 92692 M SQUARI(DJ 5 .rr,r� --.•-�•.•••••n 1111 VALLE FVANZAPO .wua.newnras.o rn: Am ix �w.•LwN[R e 4'r imaccwc5m.-moi eaarE � ICK Ikve ohrz- Middm LEO Street LWn LETEK Gr—[e M' Midsim EEL Street DSM �.+w•� w•<ue<1wcr ecu MIL owc Im wrr GCM 14$.+iK Ser.urWM ow Mm '^b1Q' GQJI i[-S�Ci 1s.a�rwa•.ow f..n v M=e "ro 'WE JD- CSTAM_003A F"" '�`ip� n«ny ww. Mr.�..r. CRY STREETGGHT NO, SCL0786 ' •"' AT THE NW CORHER OF W. wZ t BALBOA BLVD. AND BOTH STREET NEWPORT UEAC H. CA. 92687 LUMINAIRE SPECS ...._ . _ ..... _ ... __ I.. .. - -E[r •r��•u� D-4 14 0 17-268 PA2919-111 Attachment No, PC 9 - Photographic Simulations, Project Plans, and Coverage Maps FOR REFERENCE ONLY 4-L �9idAL ANOIGR BOLTSTT [4] 7• i W a A7 AN9HDR eCLTS A41M FIM4 07,75 GµyA7alo [Ppt ApaW OR EEMALFNT BY I '� GRADE RBnp1g7 FTWNDATIDN OF56TI t9 PY RM1IENS. 9PEgF1C FOUNOAION BASE. ETML }_ 0E51G15 MAr BIXT NF1 T'T5 16' OCi, lois lr�IA"ATau-}� m 70' SG- [NOM-) r 71 -i /2• DIA BOLT CIRCLE -1/4' THK PL iA ASTM 536 GAr,Y STI. 9-12• A 1/.F' I.O. CCH0IAT EH Y .. 7ABPPLA7E DETAIL POLE DETAIL REV. I DATE I DESCRIPTION I DRN. I APPR. 'F' LEVEL ODNfIQ CODES "F' LFVELCOHFEI FODES OPTION CLASS ENTRY (NFO_ ISTANOARO M0D93 POLE TOP] "'POLEIAN7EHNA COATING I REMOYA&r PLASW TOP LMP W" (A� 1/7'-T3UNC d Y -3/A" LG. CONNECTION 16 BY FjNIsH [P} f/l -1atMC n 1' Gc. S.s. YAIH 12" UL PTNR>S-` E NONE ALCY GP 5CREYIr TDP "1 1L1 BE ATTADHER TKOOR ANCMO'Os. ANGHOI+' Y W APART ON A 3-11/16' M 9T1Lr CSICLE &34ZOE 21" in 514pWFT M0093 CA_Yi IN AAOD O."'r, O. s 67" T.C. 5YRUC. MOO 0DM1M NOiE B SPL POLE l.G AN A AN0 9xpgDp {BY OTHERS] 9,=K DOWN AS 5HRNN F' U-3 POLI WP N1.11 :1-E/4' E T/4' GD. TtwSLYIAY /j ((MMOD27J (1j 1-1/P• 0M. fAPERa LQ 34• A a' 3i * T• CLEARANCE 6 POLE TEMP DETAIL MIRE w220' CONFORMANCE WITH NEC CODE TO BE VERIFIED BY CUSTOMER 1/4' REN! COVER MP) `� 3 AAm PwrATBESSTNG gJ1Tg hi 31• BEl.m1 PRI£ TOP —SPECIAL ' $TEFL WyPr.5 ASTM A-A21 UGDkM ia"N09-mF1PoONi01 k -51V WALL (rn,7 042 CA- SWRAL 5713FL YSB[ AAryT r RTCµ ASTM A-1064 WOLNIINC! HDCHT + ! E1pF 5TFF111ERLNIDEOiO SP k&L MIZE ASTM A -106L 29,-9. (Tpµ.) lei �, {NmOGM3 MOpMS] S 14ANDRULZ k ORCH I.Q. TAV ppBlTlp(FAE ��7 GMM N.T.W, Musa IIE BUTTMIEI2 AT 1�HT •BUVE POLE OREiNTAnom BOTTOM 0M A TIED 10 iEPEMN MARE AT THE TOP OF DvBk4LL G sE THE TEN" RING POLL 79'"3' yR' POLE BECTON DETAILLENGTH BANNER SAVFO ARM5 PEONkEO WIANWRE OPPNNG [18'-D'} $WyAT;AST, rATN AL{pI TO F ATI LD1'FE TB 717 9F ATTT PAEYTRE PRIOR TQ SHIPI[]Iiy- E PO C[INWiFFEPOLO 5iA•YRFAD Isro7 DDRB SWLY16 A%54�,' -1 i % r AMF90H I.D. TAC V 9- 4-L �9idAL ANOIGR BOLTSTT [4] 7• i W a A7 AN9HDR eCLTS A41M FIM4 07,75 GµyA7alo [Ppt ApaW OR EEMALFNT BY I '� GRADE RBnp1g7 FTWNDATIDN OF56TI t9 PY RM1IENS. 9PEgF1C FOUNOAION BASE. ETML }_ 0E51G15 MAr BIXT NF1 T'T5 16' OCi, lois lr�IA"ATau-}� m 70' SG- [NOM-) r 71 -i /2• DIA BOLT CIRCLE -1/4' THK PL iA ASTM 536 GAr,Y STI. 9-12• A 1/.F' I.O. CCH0IAT EH Y .. 7ABPPLA7E DETAIL POLE DETAIL REV. I DATE I DESCRIPTION I DRN. I APPR. 'F' LEVEL ODNfIQ CODES "F' LFVELCOHFEI FODES OPTION CLASS ENTRY (NFO_ 0PTION GLASS ENTRY INFO. COATING I MI% BT HH COVEN 4M14 FjNIsH 3 DOOR SCRS 57O COLLAR NONE MISC. MOD JAMFE NOTE 7 BASEP"TE &34ZOE 21" POIi TCP COW M0093 CA_Yi IN AAOD M0077 5YRUC. MOO 0DM1M NOiE B SPL POLE l.G YODBM POLE POLE OVERALL. HEIGHT BOLT BASE ULTIMATE POLE DEEIC- PAA OLELFJAGTH CIRCLE O.D. C,L MOMENT y,QCHT NATION GRADE (n. 16s.) (I75.) 29'-3' 1 2S'-6" 21" IT 43.Eo0 1,650 nserlmlFFsrTnEL cLAF�SgLA1111TA�IOLrDYIl:TT5P1 r TSP aP Ir�x 4u�. f4}1' %]f' 1!' l8t E6 AXCNdI BOLT* IPAI iL0ig6 1n M81 BLACY. 1 WHITE, IDEPOSED AGOREGA TE W MTPq AAItRS1IIE1 R ANTWRAf PM COA11N4. 2 AMTMC-T5UTYPE 111GAA10CEMf%T. a. fc @,'ffi DAYS. lAw APING NG SPUN CYUMCER InT A. FC �A8 DAYS= km PSI, USING A5TM C31 f YAPEN TEST N. POLES MAN U FACTORED FER ASTM GSL 43SPEgFICATDw& C. MO1FCTIVE COAT FKP08E D P.C. MR ES AT POL E ENDS i. MODFE•. POLE ROrTOM PREPARATION FOR FR EEGNO OR CORROSIVE COASTAL BIVIRONMB/TS; EEE OOCUKICKTATi 9. MODDO COAAOslOH INH161Ton LU NMORIFICATKA Q THE PULEOEPICTEO ON TH16 RMAWING 1517E&GNED TO MTN5 TANG TH E WADS WANTED ST 111 ANTENNAm ROOD MT Ta EXCEED &150. FT EPA Im LB.5 TnTAQ MWNTED AT THE TOP. 411 5TXU[ECLAW ARM AS5EM9LY R(DT TO EXCEED e'tlFF5ET.265tr. FL. EFA, AS LRS EACH}AIRUNTED AT W b-0 A.G. WI T H THE ARM HOE DM A SING LE I "MMAIEIE WOT TO E%CEEO 15 %G FT. UW K E B5 EACH} 11l IF0 PARILWO gN:H INDi T❑E%CEERT.7Ff. FT_EPA,T EU5E4 LGI FACHE 2Xtl HIGHER THAN 7'� T' A C ,1 ry 3R" F %9" HRNHER;NpT i0 F.MCF7; D 5.q &A FT EPA, IC L68 TACH 133 LPAR IWARTEDW r, EN I FRED NO RIG HE k THAN F!'4r A t. A5 RESUMED ASCE T. N U96M A 114 MPH WINO LUNE (SA = 1.701 91=a67'j' RISK OATEGORV 46 NOWIRWI-D"O &) RI rCTURF, ERPOWFIF C. WE CLASS R, SURFACE 1141H:HNESR C. NO HILL NDB ESCARPUCKT !'ONBIRERED. PLEA&E CONTACT 4 ADVISE MANUFACTURFR IF TK INTENDED LOADING EACEFTIS THERE VALUES. APPROVED BY DATE 1 M -SQUARED WIRELESS NEWPORT BEACH, CA IGB06XO9.6SPL POLE WI S' SINGLE CLAMP ARUM ASSEMBLY 1Hf iCa T IXTeT,. IraVWtON Y , 6 PA[HOF FMT 10 NA11dYL dLNeu r . IT 41..41.&1 NE IQpr.pP ' E16up w Dl ID wvGNT PIIHPIT nE P i emn � frf NATNNAL m1 M1,,IGa. DRAWN_ K,B. DATE: 01/13/20 A inepo 1 SCALE: C N.T. S. DWG. NO.d 19 REI at&t Yf 14'52 FOI NO EN AVE T115TIN, CA 61760 6RLCSSUN 339 COMMERCE. BTI- 200 IRVINE, CA 92692 M SQUAR(W., ..N TPJP9mA [[ a1t.P. �A Lm�Q wa.vAAf ITAa. GAsraae_ F 1¢xaO.E Y LMNL WIV n ,P.rR1P IaPaomFRlrmP. Mims ur I1nc SITE 40: CGTAN_R63A CfTY STREETLIGHT No, SCLO796 AT THE NW CORNIER OF W. BALBOA BLVD. AND 3GT4 STREET NEWPORT BEACH, CA, 62sC] •E';Tn*IF POLE DETAIL S .i1EE-1i„�En S-1 141- 17-269 PA2019-111 Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps 1-42 17-270 FOR REFERENCE ONLY a t M 145Z EUI NGER AVE TUSTIN. CA 92780 00.81 TYP 4 PL. REV. GATE DESCRIPTION ❑RN. APPR. 00.44 THRU v00.75X82�� 09-50 SALT CIRCLE FOR - 1 � SHROUD ATTACHMENT ERICSSdH IM COMME RCE, STE 200 1RVfNE. F -A 9740: 011.50 * o.06 00.56 THRUr �-30' M SQUAR OJ ��0881CB2 ° 30* N'iFEIEci 1 f ♦ ' � I 02.50t0,061D ' \ / ' 05,13 SOLTCIRC LE (FOR USE WITH M0094) MATERIAL: A36 STEEL PLATE E70 WELD FILLER •.•� wx =c�r.r,. ,, 00.44 THRU ♦ r GALVANIZE 13ER' ASTM AT NUTS V 00.75 X 82° MATER IAL CEA TI RCATIONS AEOOIFIEQ 4-y 03.69 6GLT CIRCLE _ .-f - (FOR USE WITH M0093) NOTES. f. ALL DIMENSIONS ARE EXPAESSE0 AS INCHES UNLESS SE NOTED. 2- GOR Elft AND FILLET RADDI TO BE 1-a2' UNLESS OTWRWI.SF 03.50 BOLT CIRCLE NOTED. 3. MBURR ALL SHARP EDGES. (FOR USE WITH M0038) 4. AFTER FABRICATION GALVANIZE TO ASTM A123 (RO,13) TYP. ALL EDGES 5- ALL HOLES SHOULD BE CLEANED UP AFTER GALVANIZING 6, CHASE THREADS AFTER GALVANIZING 0.511 1 } 7. TOLERANCES FOR ALL BOLT 01ACLES 4-06" & TOLERANCES FOR ANGLES ±1 " 1 ILU 1-u TOP MOUNT ADAPTER PLATE FOR USE WITH COMMSCOPE SHROUD FOR USE WITH ANY AMERON POLE WITH MOD94. MOD93 c+Tr srREerLJcrcsrrElD: GTAM-003A T No. SCLO796 Typ_ OR MOD 38 POLE TOP AT THE NW CORNER OF W. 3/16 314"-10 GRADE 5 NUT�.���bro a ," `.m"�"°"n.°w m"nx°K•ra�`.wm�ivwc Ma °�p.v rx�m BALBOA 0LV0. AND WRFl 51 gEET NEWPORT BEACH, CA, 9266,7 RAWN: KB DATE- 08r01119 -117 ' SCALE DWG. NO REV. APPROK WT: 15.0 LBSN.F.S. 56248E ADAPTER PLATE DETAILS I - IEC I .. 'W -I S-2 ADAPTER PLATE DETAIL 11 1-42 17-270 PA2919-111 Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps FOR REFERENCE ONLY at&t -_ .- 14Sx EOINGEri AVE TUSTIN. CA 92 Tao JCK4 SITE SCOPE: j T 4- HF S • WFR FOR AT&T TE #CSTAM 03A, {: q��7�POLE ■ TRENCH A BE HIEN. 5' MOM CURB FAGS PER - i FRaff F CITY STANDARD. • TRENCH SHOWN 9' FROM CURB FACE TO AVOID RRKSSOH >i PLANTERS IN STREET PER CU5TOMER. x' ■ CONTRACTOR To iNST ALL H9010- �• CUSTOMER TO SUPPLY & INSTALL FUSE SPLICE ,t+ �� ]70 COMMENCE. STE- 200 ERVENE.CA 62602 I F17' gr i EX: si �Sd4H �Q �,' 1� 8Dk [FSB] 171t3tlX15 FOR NON -METERED CELLULA H901A TO H9018 a �SERVICE. INR-12-1/1)I C CUSTOMER TO SUPPLY & INSTALL C.O. DUCT & EP{t OK BGTH DIRECTIONS CABLE DI{ EC r tiY1"GARS H_6 OM FSEI TO H901B. �, SCE TOFENERGIZE CUSTOMER OWNED CABLE UPON M SQVAR�5 }ti 1 r,'\— DUSTING '=/ � 1 CUSTOMER COORDINATE IM1Tt CITY FOR REPLACEMENT OF CITY -OWNER STREETLIGHT. EX: 75KVA 12KV 120/240 1P II Pi x EMETING CITY OwA `P IN: 723- ML 2-1/0 I-2 AL 60V MP PLEX SLC0796 AT&T CONTACT: TIRZAH STARR (502)-4$8-2704 w Vf'TR Et ESi 14yap:."u w•M2.: `.w Cr-, 117- LTA DUCT 2 1/2" TO 4" y x TIRZAHOMSOUAREIWRELESS.CDM CF: 117- CIA DUCT FOR EXCAVATIQ4 Ch 1- S HH CONC 17'k O'YL24" q2 _ OR 1- SS TAX FXCV CST FOR BD/PAB/P9/PWFJS8/SDE IW I- [xAII BAR INS LT DUTY #$-350 TP d~hYAY co WJR3 ' �!- 12ROP05E0 NEW.LOCATIDN OF CITY OWNED STREETLIGHT ❑ c uareere rrr: r.:¢�� b e "qwe. _ � wx ' Pc>c�r�• ,we" uu.o.Mu EDIS(3N PROJECT REilUEREMENTS (YIN) NOTE: ALL ELECTRICAL OUCT5 AND 5TNIICTl16E5 WIIL EF)ISOi EA.E►IEt7T REQUIRED cONFORM TO GENERAL MUM fI28 (RULES FOR T� AMO COMLYNIWMISS PRf5F BY THE cnNSTl2A140 of uOAT RUT RESO ELECTMCAL THE PHRO 89 REQUIRED Q FINAL D E S I G N SCALES 1" = 4d M1 f PUBLIC OF LIG MITIES COLIMIS5ION OF THE STATE {JF, QyL p�JLy �K 0"{, DER Q OF GALIFpitr/IA. JANUARY x006). PERMIT REmon ©r UNDERGROUND 5ERVICE ALERT G w APPROVED FOR CONSTRUCTION WARNING PERMIT TYPE LANE CLOSURE Dfal 811 WIy, 1"0A P, OF 9mmIFR THE EACAyknR WISE TATE YL 6rEPs EomsyA" m Am COSI USA 33 - HUNTINGTON BEACH m 1 1529-41f4-6772 !'MlE 944274-1776 TiMA1S, JAN P. mN1A N n uNAENrnaa 0 rA antis NN H w7 E9rtT r OUTAGE REGI IKEA © Fa undo ground Lucgt q AR I T A9 NG P0.66 LT -f \YSOC OESW MLMY TO FEIIiW ON o.IJAUF 10 r. MrL A SE AMA 2 WWJkJn goys Bnfw• You DIq TB61260 2763894 1627173-4NE E7ITENSIGN SfTE ID: CSTAM-003A CfTY STTiEETLJGHT NO. SCLO796 ry� THE WCAIM ELCAr"4 OF FTA UIEIEIi'RGM FAOLM OUTAGE DATE-. TIME - As PN yw' AYL M01 :e 6E Amf"IL 1671fWAr RE "SfIFJiO i21CV f1NAL I1L1F"A"M OF our LOCAUM NO 9Y = IFT.L.M. DATA: >A✓9 r nNn16 LTloc PNOou�-� AFNAN T6 oAYAL1=C FACU9E5 6 1BE 1�.9'tl4Blin' 0: TiMUM TRAFFIC CONTROL RFOUIRM Q SIZE KVA CUST 9 LOAD LAFAYETiE I PDT. TRAFFIC CONTROL R£Q'D Y ' 'r''p 26-1 ❑ A^'G No' 090Po� OWM+VTHW IVr_kTl9m © E#ST. f�fQ'-4 5>� Ian AT THE NW CORNER OF W. - AT&T $1GSTAM 03A BALBOA a LVO. AND WRF! STgEET SCE Inspeciion CONVEYANCE LETTER REO'D ❑N PROP. -M- �1 4 _M i &�2'Z 201 30TH 5T NEWPORT REACH, CA, 92667 Contort SCE 46 Hours Ir. vd­ENNRONMENTAIL CLEARANCE REQ'D[aN VOLT AOE DROP: 0-22 NEHPORT BEACH. CA 92663 '.EF•n'ic far o PrrCwlimctlon rn"tir.p FUCKER FACTOR: NTA F 11j257i9 73070 EEt•TiYd 6HIO CSU IAD REVID and/Ea Inepgcthn- {TUA) ©Y Email: NDPMOSCE:COM PRE CIRCUIT: SNEAD 12Kv rwE aATe APPA05F0 ar o om1 er CRAtWI er PAX - 1210761-0,01 SCE FINAL DESIGN Soutkem Cdiforrrw Edlann Company 'E ET •4 Byrn SCE -1 FINAL POWER 1 143 17-271 PA2019-111 Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps FOR REFERENCE ONLY at&t I11? EpI NG@R AVF TUST IR, CA 92790 LEGEND OF CONDUIT SYMBOLS TYPICAL HANDHOLE INSTALLATION LEG£NI] CODE DEFINITIONS SEE UG5 HP 205 TYPICAL CONDUIT BANK SECTION (CONVENTIONAL U. G.} U - 0.47WOZ CIeYRACM OP&M: IMMIU S "M AIR SEE UCS CD 120 NSTAm aY APPLPAMi AT MIM apeff No at am TO EM9k. iEA7Rmc 59E7 LIGHT Q1CTR1M 11ai R EDISON —'�R� ,wnnl arsTAUELarEI$phSc¢NRACTLR.) S@ - Wsr01ER OMWICThR 901M ■AUW FW00 RY$rAJ O MO, CONN" REDO, 5iE t1P [ANLUri So''' ONMl1 An WINTOM By ARKMSN11 f F.RICSSON IM COMMERCE-, STE 200 gc111 110_ LENGTH GG CONOUIT RUN 4-0 6 - VATWN Wwnk&cW fUIe1%RrL 1ATFALAM5 f11 R! 0 MITI O N51ALD OT APN"t AT MCANTi uni c ANI WY IK IRVINE. CA 92602 OFfml Tv E99a1• TRENCH � W - fnSfAl>_ eA.TAWS rLa1gR AN ■51ALI0 !} lPFLASIkT IF 1y!- 7YPE OF FAduTY kPPIVAq N9Q4 V PR5&7 a1 R UFAIR FUM MRSIALOy (dC-OS. ETG) �M%GOrq wxm� �•� ppp fel. 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OWMUIT REO'D. 92E OF CONWT T71CAL ASdDI)Y W - 4w WMAIISO&• SME M N-$OALLNM OIRECT FOR {WTRpIT COYCR) 1p - LR31p 11HILk- MA1DRl5 %RC1S4 Br @YH 51NILAH OCNSTApC7tOM FOR FE'A[R I%1NYIk1lr am pU11 MO- _"W7kl OF CQRUUI0 RUN IN - W10 Rulry, D N%UW,.S IMICII I aT FOSQI Y 00hADU115 MA%- aWF MUAw 5 - a 71_1 W. ■eTERMS n■eT9rV NR RrMlill W 1 p IM IL-", p]1 wcrld1 STREET LIGHT r -A - ' ` = WWIY KOM IUTLTW6 ROAM 9r E XAN FOR 1IF10.M Y TRENCH I ... m,57kel7w1- TYpE N FApJII' �-,RlIISp! 13NA9I guar 'ff RSN$pl msTuls fApRRs RUN NO ,��..� GO' Ag91nOXAC TIE-IN MADE S�CONOARF' HAM�kA� TRENCH REO'0. rm `ie�nn I Ir PVC ceadwq Ts used, rlsr 0e d MLOICIAM me} by mode by 1hr wrtwnr KIN pnw SCE vparv.e.+. o etame La ren.ev. nanm de re e . 1r mwu■1k ks.f - EDISON pL Ta.noxd cendlE rs Iaed v ponWrde cv.er webs SEE Oud:fad Perem muel he vree.nt. �� a>, E *.�axre Kt: Fx cL owRe sa . OF C¢NWIT A AL. CONOUIT REO'il_�92E CONCRETE PRODUCTS r m Mw REFERENCE RUN SO MEML LIENOIES CONOLIT 9?UN C4314PNUATIOl1 >v Uwl -M xi°°eu _ FOR CAY MUMTIW 19FOHMATI4W Preto,[ Ilam c ,TplaAe pith neck. Coyer and is r zrete Cpi%IIT LOCATN711 SECRCN A -A H.serts mpy ba vhid-d from anyo7 Ine lolrawinq listed 1 ePv.c. ax I.- STREET UGH and appTovad rnvn&-tu— WTO& RpCHw.Rw !l��7TT7���� ��-� N0. QMDWIt RF v,—H~/ I C+--SZE OF CONDUIT 4MTFk JENSEN PRECAST REFERENCE RUN No. + y VENDTE5 OUNO4T RUN GANTINMRON IL WF ✓JR WP Np FOR OI O( 145 Of WAAdU5'9a NATR1gE5 AYAIIA&L 2. RAOUS ANTE WAY IF Am¢PID 70 LE99 rH* ib PwMft TRE RRd1Ec'IfAt 14221 San kiaTwfelnc Aw,, Fenton,. Calif- 92.53$ FGR CD"UcllCm INIl7411A1Ipk CEMTER we of ME Owwt 0- AMS HAhIX u (rumG. Phare' (9pe) 356-E 11 S A TWWU LOAN DE ACES TO BE SUI -PM %1H EACH AAMI)HOS, {86D) T57 -E1 W ANY OF TW A90Yi $T61901_5 .. .. ... FOLLOWD eY A `� C.6 NKCTING TO EXISTING SCE STRUCTURESO=ASTLE PRECAST � 10650 ReMID4 AY.:, ront na, CaFr, 9$x37 ❑ENDTES THE FOLLOWINC_ ■ per stt rewMrmen; c to er■ neL dke 1e -4-. in - pl Phone: {909) 425-3700 11e -c. [v —trnq SCE rcwlLi.ei r•p. eS.wcana, rvuTFmrnt. multi-RrMIou1S {SOp) Bltf--3880 06 CONDUIT WTHOUT ENCASEMENT 15 fu"/bu.Ma, or ean6..:1as. Tneee Rik mey oe me.gxad ane the ACOEF3AIkZ FOR PORTIONS OF TRENCH k w: only bR p„rlramed or 9�. Co.lvck th. vpp,ep.irtr TFT.€ F ytWOFH]!.E AND PULI.BQk AUIIVUFACPIHERS. _.""t ta � YA hI DNLY ONE UR TWO cONOU1 TS ,i lr.q -dull. a withwi. a SCIS Mwxia D,Rae niy SEE UGS HP 20a $EMI-I'NCASEWNT 15 KOAAREO FOR ■ 1pwIkr-cwduR rvra/8mks - — or c deli M doe¢ pm -*-%y eP roch - r - PORTIONS OF TRERCR WITH ONLY ,Ref and ,[her `= Ta lila. A AwduR 4WD In a e1n9le Fmpty R 01;t 1}IR£E ON FwR CCNQU1TS itub thv. ur "t n dad "'Mi ty to Wow SEE Owned Rate R■rer asli►CT 00" 'J0. TER. Y{AAWOA 1)RL.41N6i SFj[q dIILJE pl[•A1e1 le the work rrd. -P iv Jrtaee FULL ENCASEMENT 16 REQUIRES FOTi33 - 4lINT7NGTOH 9EACHt Rna.: 629-494-6772 Inyw 943-274-177& 11445, do" P. ■ Fr CPOU/RCE'. Rule 15 EIA.A -4 Rule 16 0-1.A.. M. —Ru— wdl A�oc CESW MORE THAN FOUR CMNOU17S 1 vrn.+d■ d neeeesary .eN--oralbna IOWthe exrxp[fen of axcevaFMm undo 991280 2763954 15231 T3-LNE EICEENSTpN pack WO prrnary rytip b..ea]• meirid (hdudlnq agnpe:! and OR T / yLL3AGE bj.AS OAE [Wmtr6i-x A58OC CESC/I SR -E i0: CSTAM_CO3A atrueturn] -d eneU-1, la be atfl ad M the IntlRraptAiw-ln 5HE71 124(V CITY STREETLIGHT NO. SCL0796 • • - _- ,a - Pmraae. SAPC M]. YAdri m0E P■.'LIIC}-¢ ASSM 11M� AT THE NW CORNER OF W. • The c.+tkv.+t mukt otlhera kP dl gipirAyll Cd -[1611 A, Inem, .11y, atotu LAFAYE g191Trn1' M!F 2�llfl 'LP'A` PpTov7� CUN°1P.1Ca1¢H OfIwRU.e] BALBOA 13 LVO. AND 30TH STREET NEWPORT 91:A6H, CJI, 9iGTf3 tl ledrrvl rrgvletbne, [rneludfnq, but nR1 RmIIM Lv. vN nrvrdrry AT&T StM#213735 - CSfAM 03A -R ko 5herrn9 and tmrfl= r:Pntro1 n a 1`Nf like DW-.Pt/1Te-In work by SCE.e undrrpnund 0r, cm.hvPkvf{Rjf. 29T 34TH ST ■ nlareeP!/lle-:. Werk nh.dt be eerrpiyted with 5cE'e cifH eenkrxlwr NEWPORT BEACH, CA 42663 SnFET nryE ti Pwgh we Labe:,, rnaibRaWr/P-spec tN Fk.JL r pRew r or ­-Flan(n) F tt/se a +w A 11s e34A¢ SCE FINA(- DESIGN tush 1■ mispvlwkl■ for ea-rhM wen—Um R)_ TTPE DATE Aiee[aYEU ST 04Eirgv BY XAO0 ■T PAA / 5>�r acssaWRL.c na D¢Ie nJ+sh4 5p1Alhem CnlilLmio Ed3aLin Company '3 2� [)761 _C. �} i E ET HuaWfa _— SCE -2 FINAL POWER 1 144 17-272 PA2919-111 Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps 14-5 17-273 FOR REFERENCE ONLY at&t �v�' 7552 EUINGER RVE TUISTIN, CA 97789 C yy L w � • i$7; � gg s 3 ll 5 ! � � - 6 g$�= �� §$ iso CGMMEpce. sre.2o9 IRVINE GA 929892 a s �5 i _ s Q a °'� a g� s € o s s 8 �a t 518 � 3 �6^ 5 R X63 ta4 � �a b 13 � � iY+ E` � �8 s !-i.n a a M S L��IR�© Q 1(W 9 E 8$$ 1: I3��% _fid i,t gg 5 0- 16 8 e Eli �5l �� � � g§tea �� REt ae,op:w'Luary=�.�rs� $ A eA iiY �q ids'$ � 6S6 ]fit 1. a€ y�y pg�g€aa 7c a 5 ax � a _ e$ .71 fioil Vi z€ SSS€ St GU] 50s1as s� V g sP gaCg�z�_fys agg sal g �_�_ g a e P ■ ag q o s y c@ 0 !1 a � � s1-7 a S�`3 e - Ba a P$ ,� 9 .. � s a� �3 � h g [ag a. 888 Yo e y Iffig+3.-2A. 1s $ n g�E e 6 'ns 0a �$f #s _� 5 A prtEg Y� $f E8e S s� 'd aoX C s: 5 s S`LS- $ g; L L �=gjsi �— jg$ g ` Er it �d R9 a j a_ t >i €a $ i g Sh $ mv,� �eec[�ueaE _ ME �. vlLLLL2.kgg rr09yyLLhT g g sa a n i�. � s 2F i1 9 e' e 2pp 4��� ❑ tt5pp 9'���$S',�p$�Si$�8ey$E� -4 sit -S :yg 'p 6xF � Z -g �E S� q g .]f �N _ $� §� 35�lCs R�'� sed � S 5 }y a i �S - ievi ard xe.� e anm nm a.a�M �i sa�ssD��� �d_ 3 �a if E 3 e a. ¢ w .y a6 Q� PS fs x r "€ sg 3 � _ �k$F E S3 "): °may YEil 2' 8 E. s-Tyys' gg a gg$��Ejj Vi 2 .. FEZ<e {{p$ $ VT6 �A g Eb _{1_EL Sr T PFPt 1105. 1F 33 - Hi1N11NGTAN BEACH m= 624 -tae -&772 PWWFR Pini[ 959-27.1-t776 omam nM1,15, aal4 P. .. SRE iB: CSTAM_083A A59Pc PESCN 1BE12BG 27e3B9� 1821573 --LINE c1fTEN9pN Ai I VMTACE 7Mu1As CUSS IF CT -2 Assoc PESNM SHEAR 1,gI5V 9V9 / PG Na LAFAYETTE 1 dMC4* PAUPt1c7-1 A$9DC OM PR C![Y 9TREETL1GHT N6. SCL9796 AT NW CORNER W. 2t#-110 aP.A pp, A -W SiTE f213M - CSTAM 03A BRLa BOA BLVf7. ANO SCSTREET NEWPORT 9EACH, CA,A. ,9 97663 201 30tH ST NFWGRT BEACH. CA 92663 -"T 111E F 11/7S/19 aSEF6 �.11NI5 sti5a AP+KU" 8r vECFll In iFA7b1 BY rF% 1 DST* dCabllPTf+ �. SGE FlHA4 DE".,vAtE Southern Cotifdrniv EdIso11 CamP�Y of _ 2147 1 _0. 1 •�EE, v�w.n SCE -3 IF FINAL POWER 1 14-5 17-273 PA2919-111 Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps 14 6;1 17-274 AU .PL111N[+ CUFII71JCYQRf TT7 BE N6 ..I ,-i i - i• - :..: i , i TH"N/THWN GREEN 5tRAN IEP CAPPER MEi!urv�[ry FrPE r�i,i.Er :i,il r. _ ., pEJIG:J T" {1TTLI1'r F•FIF, TOE= -i LINIES5 OTFTE.RWISE NDTED OB REOLnR© Bf ECA1N'LTENT MANI]FACFLIRER f:ER.%iHEnFI!. RAR G;: _ at&t . d.. HEW ANTENNA >laJ {i, ZITHRE .�iM AOI1IQ �. -n7A52 EBINGEk pVE emrc.� +Rv n... Ia}I i�l Nf1y k«C3 FA.IpQ TUST]H, CR 92760 �o1w� rk ltix,a�E �1XrN llwY c a>t+.rinPi-: IlLllj {{IILLJJ!{!{ "M"Fry16Ac NEW� RAMD Y 22MFUIIJRL y 1 _ �, • 2' HE,Y 28113 PA11O 7 IF:E 41Ai49 '{;REE'• -' - - GiiICSSOH ••Ew •IB AWG rNHia.7TNWN STR,cN I)Y17 339 CAMMERCE. S7E. 200 IRVINE. CR 92697 nal 9i [+ M N •R V4, Kw 0S 'T'f'Ink/�1+WH : STRAODEO GROUND FROM - �:� Rw VgUIPMFINT M Cdh]IJl1O e03 ;Fn NEW Qlkl 11I:W 8417 AP :IIFI'i RROTETIElm M SQUARI(W, _;. 005 RAR �-` WIREtE5S zn voas j NEW RA'lf'Ap 9ROTECTVR -.--. PALLL AVA%t+ee uwawnrwnuF win wa.-� r� fw*� Tp.[ ISi�l'LANIF=T (FLO{'D pRPJOPY {AELAW owwr g.. NEW AT&T Cbi✓ LWSMNNEM jE1E.1J* - GRAREJ ri = ) FMDHaE 74 -" 4EW _. ,-E.- METERED E R•NIEL EL5C9F1HECT ¢'ii _••-+L1D � vHF'ER 'BE LAW 13RAUE? INSULA --- ... cFE--- 4MIN N >Msa"ECI t WTR farrow ORA"I l I NEW 54F. " VN WLlf RFA ` FaIF NEW 16 Shl_0 CiiPPER - {WIP), Drt OMNEC•T/E'LT5E1, ®einem ima cocRcwEo ` .Ex rc' =dine RISN.ATET? GRE°N COPPEPu11 IPED tAATEU ?WIFE IBElGW CRAOEY - - E 4wAaem YF FNL�nryEA 9 kwN limo l) m ooaR�PruTrw im�cuw.Rirra _ ITC- FyEW 7" l:H.9p FV :FIITIR]II, jlt;: AWf. TFPrN/Tli'NN :FhAfiLR7 r. � •!iRnel F CONNECTION FG NEW _ CONK OTON CROI1p0 Mr. ALS ugcW optwm. to__ NEW Vfi"- . 8',0' - 5 J0AES5 REEL 3R0VN0 ROC• 4QhICE901. VAC �p,1'ER Tf+ r 01- G.1p,�, E%'STIVlI; y r, �n T CIV I� PICO PLUMBING DIAGRAM `",r'::: 5 GROUNDING SCHEMATIC I.i.�• sWr .Ir SINGLE LINE DIAGRAM N,]TE, 91r DICE T(]'Prf&!ER 50kAitEeFEi-EiTAL L.`- I;171$AO VAC GH W 9AL6@A 9LV0 ALL L' KU1T jA001FICATIONg, 4LTERAiIf3N5, lQAO •�ONSDLILVSIIONS, IN5TALATIQN OF NEJ1 FCAEI CIONGUIT k CONDO ;TORS, FrEW' E; 712YEE FEOFSTAL. MEANS " VT THOQS 5Hµ1 BE THE R[SPryFS$IL7N VI' TI;E EDI1 RACTQR/ATy.T AT NO CHGPGE Tq THE ETT• — - - :.fPha:RPk8+1eV _ WIRE %71Nu x VAITACE ❑Rr>F CAECVIATTT)F1S TO SE AWD *0 TIE Ft ARS Pr.n7Ecewn T SITE TO: CSTAM_003A i' j - rf/a,EGTnreTceA�Ase „� CfFY ETRE ETLIGFIT NO. SCL9756 - AT THE NW CORNER OF W. - BALBOA BLVO. AND BOTH STREET uvLR ' NEWPORT BEACH, CA. 97663 .i. FE* ­lE ELECTRICAL DETAILS c[wP�wEr,i5Fenu� .. - �. ,, r E•+/F•5 .` r 7 -11 -El ' EE I •-;ILP E-1NOT USED 6 NOTES 4 BREAKER SCHEDULE 2 14 6;1 17-274 PA2019-111 I _ME_S'. 1. AIL TRAFF IC CONTRIDL DFME SNAL CCNKAPA TO nIE LATEST EOrTIC?I OF TTrE CMJFDPNIA MANUAL ON UNWORN 11WFIC COW, RGL DEVICES I]V 14 CALFOHNIA I41 M Anb THE STANDARD 5PECIFICATONS FOR VUEI-IC "t DOWRUOT,LW 7 THE CRY TRAPFID EALIINEER OR HIS REPRESEN RATIVE HAS THE AIUM-MRY TO INRIArE REW CHMNGESTq ASSURE PUBLIC SAFETY 3 AL TRAFFIQ CONTROL DEVICES SF haoff RMOVRIO FROM ViEw WMEA NOT MH USE. 4 WGRN MGIIRS SKMJ- SE RESTRICTED TO THE PEMQ0 BETN'EEII i W AM AND 5 DO G M. MONDAY TIgt04xii1 FRDAY, UKJ}.SS APPRGYED OTN>ERlNISE WHEN MRfT V00149 REAUIREL WORN HMM SIPILL BE VAQ P.M TO J. DA M hVMAY THNOMN! FAOAY 6TRENCHES MST OE OACIf FILLED 7R PLATED OtOUNG NHTN•'A'ORMINB HOURS EPEDESTRIANCONTRGL831LALL AE PRDVTDED AS smww PN THE PLANS 7 TEMPORARY *0 PARIDNO SIEAG'iMALL 9E H]BTEL U HOURS PNIOK TO COMMENCMG WORT[ IN ALL PARMNU ZONES F AGDEM 10 MNEWAYB WILL BE MAINTAkNEO Al ALL I ME 5 UNLESS OR.Ex ARNANDENENM ARE MADE B THE GONTRACTPR SHALL REPYACF AYITHHN 73 nDURS ALL TRAFFG.'40kAy LOOP OEFECTOM DAMASED MIAMI CCN !E1WUCTtO N III THE tONTRµ--TDR SHALL REN4ACE WTTON IA NWAIS, ALL ETWPI46, RWOYEO OR DAMMED BY OONSTRUCTIDN VYOTUL.{STImP1N0 MAY EE REPLACED TEMPORARILY MTN TAPE 1 11 ALLWONKERSSHWL SE FOUIMEO WTII AN ORANSEVEST NOR AI REFLECTwvEST AT Neff; ALL FTACWER6 Sw a P FCFJHPFw TYTTM A HARD NRC. C9'wroP LDYA PADELE AND SHALL U 1RAINED W TINEFROPEP FUNT]AMENTALS OF FTADDHNG TRAFFIC. ,7 ANY WORK THATL49TUWSrrdRM& YRAFFHD 9HDNAL OPERAt-pNb SHILL BE COOROINATEO WITH 'HE CIF YAA HOURS PROM TO OEO MMU OM5TRUCTIDN I] THE CONTRACTOR SMALL WONTAIN ALL TRATFIC DEVICES M IIdiRS PER MY AND l DAYS PER WEEK IL A AWNIMUM 00 IC INANEL LAW -i MUST HE AWNTAINED UNLESS OMENWLSE APPROVED 1Ic y1T}' 15 ALL NIGHT WOPX PRL REQUIRE WRFrrER APPRM%L FROM THE CRY. LANE MITSUAES. ROAR OET"3, AND TIaAPM SIGNAL RGDIFICATIONS A55OGJA-Mp WPM DNERN GHT CDNSTRUCt1M ACTIVFTIES WILL REDARE WARNING SILVISBE PIAQELT AT TEAS T r*E WEEN IN ADVANCE LW STARTiNO M ABTRUC110N 1 & A DOUR POWERED FLASHING ARROW OOARD SHALL BE REQUIRED 04 ALL ARTERIAL STREET LANE CLOSURES 1] THE CONTRACTOR 51ALA MZ?TIF'1 TRANSR ALYTHDRRY IN A ANCE ARD PR OE ♦� TRAFFIC CDNiRIX PI -PN CY]AIPLKS WITH e�7fE WATCN90d[RELNNIREIAFNT5 I AL ML1114W RECpMMIENDED QMNEA10FXQNE A SIGN PL -4c* INET TABLE SRE lo: CSTAM_0074, FORMULAS BASED ON 12• WIVE LANES- AT THE Nw CORNER OF W. 4UMPRORLESS L=" BALBOA sLVD. AND 30TH STREET 65 MM OR MORE L�WS M EV TAPEA IFIN'?H l' DELINGt[]RSPAGYIG GN se.�+•a• ' sRFE7 LNAHT FA Jr I.M�E TAPER TAN,9R ApVNHCENIFTAPFNS! 6RETVrEFR trN6NS � NCF lS MHE tiS F! 15 FT 51FI i!R i tSA� - W]RS WW"M NUPH' LOFT LOFT Ann MPR AER NOR *AIR Er HULK 0 WApH A]OST RFT OFT 1]v FT min iNV Pr nF-N ,[RFT Sp F7 mOrT mFY 1ta rY RIO FT YI aaO FT' sa rY ,W rY Lao Cr sto Fn wNnr rtL'rT 90 FT ,µ,TT am rr aal FT As wL Foo FF mrr Harr Tao FT 1,�r L 1 R 14EHCE TA FN1REIr 1 W ET T ati FwS "'TAPER rY F1OR-Oar PA1WFN BPACE MIN .GI TM"!NDRFVA.F HGN LEW:'MARMT/+PE'�1[ � lrc PkOPO6EV �, PHOYOEFL.riDN AAO HbST PF tYPEIAAnpIrAi+c TIT c I WARG&A W pRNlrx,aEo e1N' TYPE IIIAhARIGABF - •Ns tRURtRNH d1EiN. W� FT+TROETI TRAFFIC CONTROL PLAN Attachment No. PC 9 - Photographic Simulations, Project Plans, and Coverage Maps CITY NOTE: i , r HvNa Htw FW1N4 fE t= at&t TUSTIN. CA 927BO TOR=. F-gGLDER TO AST-Al110JLee -R-r 'C un;E i FLATVii AE JVEEJEC' AmT-TNNI D tITNTRA.CTOR IG PROADF E -=RT d;— W PI ilD itivi I f' ! Y17AH� E� F1i�nNIA HAANINR. PAS>rPlf. w. 1iµ2[4 &YP w 2µ913A &'-D S � - Rwo NUN � A M -u, :. T- ERICSSON 33D COMMERCE, STE. FDU IRVINE- CA 92692 M SQLY� llkll( j RECESS 1111 OAIIS RVANSAIO UENNrRa GYpalAp �rNEeol ®gimme Im. cu.PeeEo E TaVlearO fPE PNL�1 A P11+m,Y R>r Wx� n � nE•cNr -_ -tea aiWiv ln'wm�re ki�rri+•+vl, 1-47 17-275 SRE lo: CSTAM_0074, CITY STREETLIGHT ND. SCLO795 AT THE Nw CORNER OF W. BALBOA sLVD. AND 30TH STREET NEWPORT sEACH, CA, Saw .nE Er nRE TRAFFIC CONTROL PLAN &NEST nLN.6�R1 �A T TC -1 1-47 17-275