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NEWPORT BEACH ZONING ADMINISTRATOR MINUTES
100 CIVIC CENTER DRIVE, NEWPORT BEACH
CITY COUNCIL CHAMBERS
THURSDAY, AUGUST 13, 2020
REGULAR MEETING – 10:00 A.M.
I. CALL TO ORDER – The meeting was called to order at 10:00 a.m.
Staff Present: Jaime Murillo, Zoning Administrator
Benjamin Zdeba, Senior Planner (remote)
Liane Schuller, Planning Consultant
II. REQUEST FOR CONTINUANCES
None.
III. APPROVAL OF MINUTES
ITEM NO. 1 MINUTES OF JULY 30, 2020
Action: Approved
IV. PUBLIC HEARING ITEMS
ITEM NO. 2 Daniels Residential Condominiums Tentative Parcel Map No. NP2020-009 and Coastal
Development Permit No. CD2020-061 (PA2020-120)
Site Location: 1313 West Bay Avenue Council District 1
Liane Schuller, Planning Consultant, provided a brief project description stating that the project site is located
in the R-2 zoning district and a new duplex that complies with all development standards is currently under
construction. The property is located in a Categorical Exclusion Area and a Categorical Exclusion Order
(CEO) was issued on December 17, 2019 for the new development. Approval of the tentative parcel map
will allow each unit to be sold individually. The application has been evaluated for compliance with the
Implementation Plan. Public access to coastal recreation opportunities and views will not be affected by
approval of the tentative parcel map. She recommended adding a standard condition of approval requiring
reconstruction and/or repair of damaged sidewalk, curb, and gutter improvements along the front and rear
frontages of the site, which was missing from the draft resolution. The applicant has confirmed agreement
with the conditions of approval proposed in the draft Resolution and the inclusion of the additional condition,
and staff is recommending approval of the application.
The Zoning Administrator opened the public hearing. Seeing that no one from the public wished to comment,
the public hearing was closed.
Action: Approved as Amended
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ITEM NO. 3 AT&T Small Cell SLC4735 Minor Use Permit No. UP2019-027 and Coastal Development
Permit No. CD2020-101 (PA2019-108)
Site Location: Public right-of-way, City streetlight number SLC4735, center median of
Avocado Avenue at the intersection Kewamee Drive and Avocado Avenue
Council District 6
Benjamin Zdeba, Senior Planner, indicated he would be presenting on behalf of project planner Joselyn Perez,
Assistant Planner. He 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. SLC4735, which is located within the public right-of-way in a center
median on Avocado Avenue near the Kewamee Drive intersection. All immediately surrounding land uses are
residential and vary in density. This project requires the approval of a minor use permit and a coastal
development permit.
Senior Planner Zdeba continued that staff analyzed the project for consistency with the Coastal Act. Of
particular concern is access to coastal resources and potential for negative impacts to coastal views, both
identified and non-identified. Staff visited the site, reviewed the visual simulations provided by the applicant and
determined it does not negatively impact any designated public view corridors nor does it negatively impact
coastal access and resources. Specifically, under Newport Beach Municipal Code (NBMC) Subsections
20.49.050(b) and 21.49.050(b), review is required in accordance with NBMC Section 20.30.100 (Public View
Protection) and General Plan Natural Resources Element Policy NR 20.3 (Public Views). The location is not
located within a protected public view corridor and therefore would not have any impact to public views. The
streetlight pole is not located between the first public road paralleling the sea and the sea. The project is
consistent with the City’s Local Coastal Program Implementation Plan, which aims to protect and enhance
scenic resources. He added that staff’s analyses regarding NBMC Section 20.30.100 were included in the staff
report, but did not make it into the draft Resolution. As such, he indicated that an additional fact should be
added under Findings B and J.
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 heights as the current streetlight pole. However,
the new equipment will extend up to an overall height of 27 feet, 5 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
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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 heights for the abutting residential zoning districts are
29 feet and 33 feet to the ridge of a sloping roof.
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 three 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 three alternative sites were determined to be unviable or less desirable due to varying constraints.
Lastly, Senior Planner Zdeba stated that one piece of written correspondence was received from Jim Mosher
providing minor edits to the draft Resolution and calling the appeals process into question.
Mr. Zdeba concluded that staff believed all required findings can be made and recommended approval of this
project.
Franklin Orozco of AT&T Mobility, on behalf of the applicant, New Cingular Wireless, LLC, stated that he had
reviewed the draft resolution and agrees with all the required conditions. He also clarified that the site is a “pico”
small-cell site, which does not have as wide of a range as macro sites. The range of a pico 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.
Jim Mosher spoke and expressed appreciation for staff’s clarifications made in response to his comments, but
reiterated his concern for why the adjacent condominium building and/or office buildings were not considered
as part of the alternative sites analysis.
The Zoning Administrator closed the public hearing.
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 also clarified the appeals process noting that based on his reading of the Code,
the entire project could be appealed to the Planning Commission without any fee, but that the City Attorney’s
Office would need to review that interpretation for accuracy.
The Zoning Administrator approved the project with the small changes made in the draft Resolution and found
it exempt from the requirements of the California Environmental Quality Act under the Class 2 and 3
exemptions.
Action: Approved as Amended
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
One member of the public, Jim Mosher, inquired if the small cell installation on Bayside Drive would have
another Zoning Administrator public hearing.
Senior Planner Zdeba confirmed that two previously approved facilities would be heard at the August 27, 2020,
Zoning Administrator meeting for coastal development permit review.
VI. ADJOURNMENT
The hearing was adjourned at 10:27 a.m.
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The agenda for the Zoning Administrator Hearing was posted on August 7, 2020, at 11:00 a.m. 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 August 7, 2020, at 11:30 a.m.