HomeMy WebLinkAbout20190610_ApplicationCommunity Development Department
Planning Permit Application
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
F:\Users\CDD\Shared\Admin\Planning_Division\Applications\Application_Guidelines\Planning Permit Application - CDP added.docx Rev: 01/24/17
1.Check Permits Requested:
Approval-in-Concept - AIC # Lot Merger Staff Approval
Coastal Development Permit Limited Term Permit - Tract Map
Waiver for De Minimis Development Seasonal < 90 day >90 days Traffic Study
Coastal Residential Development Modification Permit Use Permit -Minor Conditional
Condominium Conversion Off-Site Parking Agreement Amendment to existing Use Permit
Comprehensive Sign Program Planned Community Development Plan Variance
Development Agreement Planned Development Permit Amendment -Code PC GP LCP
Development Plan Site Development Review - Major Minor Other:
Lot Line Adjustment Parcel Map
2.Project Address(es)/Assessor’s Parcel No(s)
3.Project Description and Justification (Attach additional sheets if necessary):
4.Applicant/Company Name
Mailing Address Suite/Unit
City State Zip
Phone Fax Email
5.Contact/Company Name
Mailing Address Suite/Unit
City State Zip
Phone Fax Email
6.Owner Name
Mailing Address Suite/Unit
City State Zip
Phone Fax Email
7.Property Owner’s Affidavit*: (I) (We)
depose and say that (I am) (we are) the owner(s) of the property (ies) involved in this application. (I) (We) further
certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information
herewith submitted are in all respects true and correct to the best of (my) (our) knowledge and belief.
Signature(s): ________________________________ Title: Date:
DD/M0/YEAR
Signature(s): ________________________________ Title: Date:
*May be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the
application. Please note, the owner(s)’ signature for Parcel/Tract Map and Lot Line Adjustment Application must be notarized.
AT&T to remove and replace existing concrete streetlight; install a single omni-directional antenna with related radio
equipment within a radome shroud mounted at the top of the new streetlight within the public right of way. See attached
project plans and description for additional details.
Exhibit A
PA2019-110
F:\Users\PLN\Shared\Staff_Dir\Garciamay\Ruby\desktop\DESKTOP_\CUT_PASTE_DRAG_COPY\Office Use Only.docx
Updated 08/15/17
FOR OFFICE USE ONLY\
Date Filed: _______________________ 2700-5000 Acct.
APN No: __________________________ Deposit Acct. No. ________________________
Council District No.: _________________ For Deposit Account:
General Plan Designation: ____________ Fee Pd: _______________________________________
Zoning District: _____________________ Receipt No: ____________________________
Coastal Zone: Yes No Check #: __________
Visa MC Amex # ____________
CDM Residents Association and Chamber
Community Association(s): _______________________ Development No: __________________________
_____________________________________________ Project No: ________________________________
_____________________________________________ Activity No: _______________________________
Related Permits: ___________________________
APPLICATION Approved Denied Tabled: _________________________
ACTION DATE
Planning Commission Meeting
Zoning Administrator Hearing
Community Development Director
Remarks:
__________________________________________________________________________________________
__________________________________________________________________________________________
APPLICATION WITHDRAWN: Withdrawal Received (Date): ________________________
APPLICATION CLOSED WITHOUT ACTION: Closeout Date: ________________________
Remarks:
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
PA2019-110
Exhibit - E
PA2019-110
M
Squared
Wireless
1387
Calle
Avanzado,
San
Clemente,
CA
92673
June
10,
2019
Via
Hand
Delivery
City
of
Newport
Beach
100
Civic
Center
Drive
Newport
Beach,
CA
92660
RE:
AT&T
Application
for
a
Minor
Use
Permit
to
place
a
Small
Cell
Wireless
Facility
at
the
following
location:
331
[CS]
Cameo
Shores
Road
(SLC4804);
AT&T
Site
ID
HBNPB_045
and
FA
No.
14807374
Dear
Ms.
Makana
Nova:
New
Cingular
Wireless
PCS,
LLC
d/b/a
AT&T
Mobility
(“AT&T”)
submits
the
enclosed
application
materials
to
obtain
all
necessary
authorizations
to
construct
small
cell
wireless
facility
at
the
above
referenced
location.
If
any
additional
applications
or
information
are
needed
for
any
phase
of
this
project,
please
let
me
know.
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.
Application
Contents
Pursuant
to
Newport
Beach
Municipal
Code
Section
20.50.040
B
Application
Contents,
this
application
includes
the
following
materials
and
information:
1. Minor
Use
Permit
Application
(Exhibit
A)
2. Project
Description
and
Justification
(Exhibit
B)
3. Public
Noticing
Materials
(Exhibit
C)
4. Plans;
one
(1)
set
of
24”
x
36”
and
four
(4)
sets
of
11”
x
17”
drawings
(Exhibit
D)
5. Letter
of
Authority
(Exhibit
E)
6. Pole
ownership
information,
construction
responsibilities
and
maintenance:
o The
subject
pole
is
owned
and
operated
by
City
of
Newport
Beach
(“City”).
o The
City
will
retain
ownership
of
the
existing
structure
and
AT&T
will
be
responsible
for
the
replacement,
maintenance
and
repairs
of
such
structure.
o AT&T
and
the
City
will
finalize
the
site
license
agreement
upon
permit
issuance.
o AT&T
will
maintain
the
antenna
communication
portion
of
the
new
facility.
o AT&T
will
replace
the
existing
streetlight
as
shown
on
the
plans.
o Details
of
the
existing
and
new
pole
height,
diameter
and
antenna
equipment
is
provided
on
the
attached
plans.
o The
project
will
be
designed
without
a
meter
pedestal
subject
to
the
city’s
issuance
of
a
meter
denial
letter.
7. Evidence
of
compliance
with
FCC
RF
rules:
FCC
Appendix
A
–
categorically
excluded
(Exhibit
F)
8. Photo
simulations
(Exhibit
G)
9. Preferred
location/alternatives
analysis;
see
Exhibit
B
-‐
Project
Description
and
Justification.
10. Maintenance
and
Monitoring;
see
Exhibit
B
-‐
Project
Description
and
Justification.
Application
Review
Under
federal
law,
the
City
of
Newport
Beach
(“City”)
must
determine
whether
the
application
is
complete
within
10
days
and
take
final
action
on
the
application
within
90
days
from
this
submittal
(the
“shot
clock”).
See
47
C.F.R.
§
1.6003.
Within
the
same
period
of
time,
the
city
must
also
take
action
with
respect
to
all
necessary
authorizations
and
approvals
for
construction
and
operation
of
the
proposed
small
cell.
The
shot
clock
begins
today
and
runs
unless
or
until
it
is
tolled,
either
by
mutual
agreement
or
based
on
a
timely
and
proper
notice
that
the
application
is
materially
incomplete.
To
toll
the
shot
clock
for
incompleteness,
the
city
must,
within
ten
days,
identify
in
writing
the
missing
information
that
is
required
by
local
codes
or
other
published
PA2019-110
AT&T
Small
Cell
Application
City
of
Newport
Beach
Page
2
of
3
application
guidelines.
In
the
case
of
a
timely
and
proper
incomplete
notice,
the
shot
clock
stops
and
restarts
at
day
0
once
AT&T
submits
the
additional
information
required.
If
the
City
fails
to
act
before
the
shot
clock
expires,
the
City
will
be
in
violation
of
state
and
federal
laws.
• This
Application
was
filed
on
June
10,
2019.
• Notification
of
incompleteness
is
due
by
June
20,
2019.
• Absent
tolling,
the
City
must
take
final
action
by
September
9,
2019.
The
City
must
grant
all
necessary
authorizations
as
the
proposed
facility
is
consistent
with
applicable
law
and
there
is
no
basis
for
denial
under
the
local
code.
Applicable
Law
Approval
is
required
under
the
federal
Telecommunications
Act
of
1996,
47
U.S.C.
§§
253,
332
(“Act”).
The
Act,
which
was
enacted
to
prioritize
and
streamline
deployment
of
wireless
technologies,
limits
the
ability
of
state
and
local
governments
to
regulate
wireless
service.
The
Act
establishes
substantive
and
procedural
limitations
on
the
review
of
wireless
facility
siting
applications.
A
state
or
local
government
cannot
take
action
that
would
unreasonably
discriminate
against
AT&T
in
acting
on
the
application.
A
state
or
local
government
cannot
take
any
action
that
would
prohibit
or
effectively
prohibit
the
provision
of
wireless
services.
An
effective
prohibition
occurs
when
the
jurisdiction’s
denial
of
an
application
materially
limits
or
inhibits
AT&T’s
ability
to
provide
or
improve
wireless
services.
A
state
or
local
government
may
not
consider
the
effects
of
radio
frequency
emissions
when
considering
this
application.
The
city
must
review
this
application
within
a
reasonable
period
of
time,
as
defined
pursuant
to
the
shot
clock.
Any
decision
to
deny
the
application
must
be
in
writing
contemporaneously
with
the
decision
and
supported
by
substantial
evidence
contained
in
a
written
record.
The
written
denial
must
provide
the
basis
therefor
with
a
recitation
of
findings
of
fact
and
conclusions
of
law
supporting
the
denial.
Pursuant
to
the
California
Constitution
and
Section
7901
of
the
California
Public
Utilities
Code,
AT&T
has
a
statewide
franchise
right
to
construct
telecommunications
facilities
and
place
poles
within
the
public
rights-‐of-‐way
so
long
as
it
does
not
incommode
the
public
way.
AT&T’s
right
is
subject
only
to
the
municipality’s
authority
to
impose
reasonable
and
equivalent
time,
place
and
manner
restrictions
pursuant
to
Section
7901.1
of
the
California
Public
Utilities
Code.
AT&T’s
proposed
small
cell
facility
does
not
incommode
the
public
way.
Payment
of
an
application
deposit
totaling
$2,631.00
is
enclosed
with
this
letter.
The
FCC
set
a
standard
for
fees
such
that
only
objectively
reasonable
cost-‐based
fees
may
be
imposed
on
a
nondiscriminatory
basis.
The
FCC
established
a
safe
harbor
for
presumptively
reasonable
fees:
$500
for
non-‐recurring
fees
for
an
application
including
up
to
five
small
cells,
plus
$100
for
each
small
cell
beyond
five,
or
$1,000
for
non-‐recurring
fees
for
a
new
pole
to
support
small
cells.
In
addition,
California
Government
Code
50030
limits
permit
fees
for
telecommunications
installations
to
the
reasonable
cost-‐based
fees.
The
city
requires
a
deposit
for
application
fees,
which
is
subject
to
a
future
invoice
after
the
application
is
reviewed
and
processed.
AT&T
is
concerned
that
the
city’s
fees
may
be
excessive
and
may
violate
the
FCC’s
standard
and
the
state-‐law
standard
for
lawful
fees.
AT&T
is
submitting
its
application
and
its
initial
deposit
for
application
fees
in
order
to
avoid
disruption
to
its
business,
but
it
does
so
under
protest
and
explicitly
reserves
its
rights
to
pursue
any
and
all
legal
remedies
for
excessive
fees.
Questions
or
notices
related
to
this
Application
may
be
directed
to:
Franklin
Orozco
Michele
Vernotico
forozco@interlinkpg.com
michele@interlinkpg.com
(619)
632-‐2569
(949)
922-‐1334
PA2019-110
AT&T
Small
Cell
Application
City
of
Newport
Beach
Page
3
of
3
We
look
forward
to
working
with
you
to
complete
this
wireless
communications
project
in
Newport
Beach.
Sincerely,
Franklin
Orozco,
Agent
on
behalf
of
AT&T
and
Ericsson
PA2019-110
FCC/LSGAC Local Official’s Guide to RF
APPENDIX A
Optional Checklist for Determination
Of Whether a Facility is Categorically Excluded
Exhibit FPA2019-110
FCC/LSGAC Local Official’s Guide to RF
Optional Checklist for Local Government
To Determine Whether a Facility is Categorically Excluded
Purpose: The FCC has determined that many wireless facilities are unlikely to cause human
exposures in excess of RF exposure guidelines. Operators of those facilities are exempt from
routinely having to determine their compliance. These facilities are termed "categorically
excluded." Section 1.1307(b)(1) of the Commission's rules defines those categorically excluded
facilities. This checklist will assist state and local government agencies in identifying those
wireless facilities that are categorically excluded, and thus are highly unlikely to cause exposure
in excess of the FCC’s guidelines. Provision of the information identified on this checklist may
also assist FCC staff in evaluating any inquiry regarding a facility’s compliance with the RF
exposure guidelines.
BACKGROUND INFORMATION
1. Facility Operator’s Legal Name:
2. Facility Operator’s Mailing Address:
3. Facility Operator’s Contact Name/Title:
4. Facility Operator’s Office Telephone:
5. Facility Operator’s Fax:
6. Facility Name:
7. Facility Address:
8. Facility City/Community:
9. Facility State and Zip Code:
10. Latitude:
11. Longitude:
continue
PA2019-110
FCC/LSGAC Local Official’s Guide to RF
Optional Local Government Checklist (page 2)
EVALUATION OF CATEGORICAL EXCLUSION
12. Licensed Radio Service (see attached Table 1):
13. Structure Type (free-standing or building/roof-mounted):
14. Antenna Type [omnidirectional or directional (includes sectored)]:
15. Height above ground of the lowest point of the antenna (in meters):
16. Check if all of the following are true:
(a) This facility will be operated in the Multipoint Distribution Service, Paging and
Radiotelephone Service, Cellular Radiotelephone Service, Narrowband or Broadband
Personal Communications Service, Private Land Mobile Radio Services Paging
Operations, Private Land Mobile Radio Service Specialized Mobile Radio, Local
Multipoint Distribution Service, or service regulated under Part 74, Subpart I (see
question 12).
(b) This facility will not be mounted on a building (see question 13).
(c) The lowest point of the antenna will be at least 10 meters above the ground (see question
15).
If box 16 is checked, this facility is categorically excluded and is unlikely to cause exposure in
excess of the FCC’s guidelines. The remainder of the checklist need not be completed. If box
16 is not checked, continue to question 17.
17. Enter the power threshold for categorical exclusion for this service from the attached Table 1
in watts ERP or EIRP∗ (note: EIRP = (1.64) X ERP):
18. Enter the total number of channels if this will be an omnidirectional antenna, or the
maximum number of channels in any sector if this will be a sectored antenna:
19. Enter the ERP or EIRP per channel (using the same units as in question 17):
20. Multiply answer 18 by answer 19:
21. Is the answer to question 20 less than or equal to the value from question 17 (yes or no)?
If the answer to question 21 is YES, this facility is categorically excluded. It is unlikely to cause
exposure in excess of the FCC’s guidelines.
If the answer to question 21 is NO, this facility is not categorically excluded. Further
investigation may be appropriate to verify whether the facility may cause exposure in excess of
the FCC’s guidelines.
∗"ERP" means "effective radiated power" and "EIRP" means "effective isotropic radiated power
PA2019-110
FCC/LSGAC Local Official’s Guide to RF
TABLE 1 (cont.)
SERVICE (TITLE 47 CFR RULE PART) EVALUATION REQUIRED IF:
Personal Communications Services
(part 24)
(1) Narrowband PCS (subpart D):
non-building-mounted antennas: height
above ground level to lowest point of antenna
< 10 m and total power of all channels > 1000
W ERP (1640 W EIRP)
building-mounted antennas:
total power of all channels > 1000 W ERP
(1640 W EIRP)
(2) Broadband PCS (subpart E):
non-building-mounted antennas: height
above ground level to lowest point of antenna
< 10 m and total power of all channels > 2000
W ERP (3280 W EIRP)
building-mounted antennas:
total power of all channels > 2000 W ERP
(3280 W EIRP)
Satellite Communications
(part 25)
all included
General Wireless Communications Service
(part 26)
total power of all channels > 1640 W EIRP
Wireless Communications Service
(part 27)
total power of all channels > 1640 W EIRP
Radio Broadcast Services
(part 73)
all included
PA2019-110