HomeMy WebLinkAbout20201201_Notice of AppealSTATE OF CALIFORNIA -NATURAL RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
SOUTH COAST DISTRICT OFFICE
301 E. OCEAN BLVD .. SUITE 300
LONG BEACH. CALIFORNIA 90802-4830
(562) 590-5071 FAX (562) 590-5084
WWW.COASTAL.CA.GOV
'<'-iCEIV£,0 GJ,,
COMMUNITY
iW1;e·1 "•n-r-E.14 I
•"":(' . '<·, i\t;.P.'-'
COMMISSION NOTIFICATION OF APPEAL
December 03, 2020
To: Benjamin M. Zdeba
From:
Re:
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Zach Rehm, District Supervisor
Commission Appeal No. A-5-NPB-20-0071
GAVIN NEWSOM. GOJ'DINOR
Please be advised that the coastal development permit decision described below has been appealed to the
California Coastal Commission pursuant to Public Resources Code Sections 30603 and 30625.
Therefore, the decision has been stayed pending Commission action on the appeal pursuant to the Public
Resources Code Section 30623.
LOCAL PERMIT#: CD2020-119
APPLICANT(S): M Squared Wireless, Attn: Franklin Orozco
DESCRIPTION: Appeal of City of Newport Beach's approval for the installation of a small
cell wireless facility located within the public right-of-way on City
Streetlight No. 0902.
LOCATION: Public right-of way on City Streetlight No. 0902, on 38th Street near Lake
Ave. and the Newport Island Bridge.
LOCAL DECISION: Approval with Special Conditions
APPELLANT: Gina Cruz
DATE APPEAL FILED: 12/01/2020
The Commission appeal number assigned to this appeal is A-5-NPB-20-0071. The Commission hearing
date has not been scheduled at this time. Within 5 working days of receipt of this Commission
Notification of Appeal, copies of all relevant documents and materials used in the City of Newport
Beach's consideration of this coastal development permit must be delivered to the South Coast
District Office of the Coastal Commission (California Administrative Code Section 13 I 12).
PA2019-113
Page 2
COMMISSION NOTIFICATION OF APPEAL
Please include copies of plans, relevant photographs, staff reports and related documents, findings (if not
already forwarded), all correspondence, and a list, with addresses, of all who provided verbal testimony.
A Commission staff report and notice of the hearing will be forwarded to you prior to the hearing. If you
have any questions, please contact Zach Rehm at the South Coast District Office.
cc: M Squared Wireless, Attn: Franklin Orozco
Gina Cruz
File
PA2019-113
STATE or CALIFORNIA-NATURAL RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
SOUTH COAST ()!STRICT OFfiCE
301 E OCEAN BL VD . SUiTE 300
LONG BEACH CA 90802
(552) 590-5071
SOUTHCOAST@COASTALCA GOV
APPEAL FORM
GAVIN NE\'\$0M. G0c1ERNOR
Appeal of Local Government Coastal Development Permit
Filing Information (STAFF ONLY)
District Office: South Coast
Appeal Number: __ fl._· _f?_._N_f'_\?;_._w_. _(Jl)_1 \
Date Filed: ------------
RECEIVED
South Cocist Region
DEC O 1 2020
CALIFORNIA
COASTAL COMMISSION
Appellant Name(s): ___________________ _
APPELLANTS
IMPORTANT. Before you complete and submit this appeal form to appeal a coastal
development permit (CDP) decision of a local government with a certified local coastal
program (LCP) to the California Coastal Commission, please review theappeal
information_sheet. The appeal information sheet describes who is eligible to appeal
what types of local government CDP decisions, the proper grounds for appeal, and the
procedures for submitting such appeals to the Commission. Appellants are responsible
for submitting appeals that conform to the Commission law, including regulations.
Appeals that do not conform may not be accepted. If you have any questions about any
aspect of the appeal process, please contact staff in the Commission district office with
jurisdiction over the area in question (see the Commission's contactp.9.ill? at
https:/LcoastaLc.a.g ov /con1actl#/).
Note regarding emailed appeals. Please note that emailed appeals are accepted
ONLY at the general email address for the Coastal Commission district office with
jurisdiction over the local government in question. For the South Coast district office,
the email address is Soutt1G9ast@coa5-t9 Lca.gov. An appeal emailed to some other
email address, including a different district's general email address or a staff email
address, will be rejected. It is the appellant's responsibility to use the correct email
address, and appellants are encouraged to contact Commission staff with any
questions. For more information, see the Commission's_ contactpag~ at https:/L
coastal .ca .gov/contact/#/).
PA2019-113
Appeal of local CDP decision
Page 2
1. Appellant information1
Name: Gina Cruz
Mailing address: 503 38th st, Newport Beach, 92663
Phone number: 714 604 5668
Email address: ginaunsworth@yahoo.co.uk
How did you participate in the local CDP application and decision-making process?
Ooid not participate !✓I Submitted comment Orestified at hearing Oother
Describe: I had previously emailed to give my points regarding why it was not a suitable
location and also included points as to why it was visually not adhering to regulations
If you did not participate in the local CDP application and decision-making process,
please identify why you should be allowed to appeal anyway (e.g., if you did not
participate because you were not properly noticed).
Describe:
Please identify how you exhausted all LCP CDP appeal processes or otherwise identify
why you should be allowed to appeal (e.g., if the local government did not follow proper
CDP notice and hearing procedures, or it charges a fee for local appellate CDP
processes).
Describe: I am a resident of the area residing on 38th st and had previously
submitted an email when the application was made
1 If there are multiple appellants, each appellant must provide their own contact and participation
information. Please attach additional sheets as necessary.
PA2019-113
Appeal of local CDP decision
Page 3
2. Local CDP decision being appealed2
Local government name: NEWPORT BEACH CITY COUNCIL
Local government approval body: PLANING COMISSION
Local government CDP application number: _C_D_C_2_0_2_0_-_1_1_9 ________ _
Local government CDP decision:
Date of local governm~nt CDP decision:
l ✓lcDP approval D CDP deniab
OCTOBER 22ND 2020
Please identify the location and description of the development that was approved or
denied by the local government.
Describe: Newport Island Bridge cell site (at Newport Bridge 38th st & River, 92663)
2 Attach additional sheets as necessary to fully describe the local government CDP decision, including a
description of the development that was the subject of the CDP application and decision.
s Very few local CDP denials are appeatable, and those that are also require submittal of an appeal fee.
Please see the appeal information sl1eet for more information.
PA2019-113
Appeal of local CDP decision
Page 4
3. Identification of interested persons
On a separate page, please provide the names and contact information (i.e., mailing
and email addresses) of all persons whom you know to be interested in the local CDP
decision and/or the approved or denied development (e.g., the applicant, other persons
who participated in the local CDP application and decision making process, etc.), and
check this box to acknowledge that you have done so.
D1nterested persons identified and provided on a separate attached sheet
4. Grounds for this appeal4
For appeals of a CDP approval, grounds for appeal are limited to allegations that the
approved development does not conform to the LCP or to Coastal Act public access
provisions. For appeals of a CDP denial, grounds for appeal are limited to allegations
that the development conforms to the LCP and to Coastal Act public access provisions.
Please clearly identify the ways in which the development meets or doesn't meet, as
applicable, the LCP and Coastal Act provisions, with citations to specific provisions as
much as possible. Appellants are encouraged to be concise, and to arrange their
appeals by topic area and by individual policies.
Describe: 1-1 believe it violates section 21.49.040.B.6 for location sites
2-1 believe it violates section 21.49.050
The bridge is a scenic area for tourists and residences and the fact that the
location is on the bridge it becomes within everyone's eyeline as they traverse
the bridge from both directions. Please see my attached photo which highlights this point
Less visually impacting locations were available.
4 Attach additional sheets as necessary to fully describe the grounds for appeal.
PA2019-113
Appeal of local CDP decision
Page 5
5. Appellant certifications
I attest that to the best of my knowledge, all information and facts in this appeal are
correct and complete.
Print name GINA CRUZ
Gina Cruz
Signature
Date of Signature -----------
12-01-2020
5. Representative authorizations
While not required, you may identify others to represent you in the appeal process. If
you do, they must have the power to bind you in all matters concerning the appeal. To
do so, please complete the representative authorization form below and check this box
to acknowledge that you have done so.
I have authorized a representative, and I have provided authorization for them on
the representative authorization form attached.
s If there are multiple appellants, each appellant must provide their own certification. Please attach
additional sheets as necessary.
u If there are multiple appellants, each appellant must provide their own representative authorization form
to identify others who represent them. Please attach additional sheets as necessary.
PA2019-113
STATE OF CALIFORNIA-NATURAL RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
45 FREMONT, SUITE 2000
SAN FRANCISCO, CA 94105-2219
VOICE (415) 904-5200
FAX (415) 904-5400
DISCLOSURE OF REPRESENTATIVES
GAVIN NEWSOM, Govr:rmoR
If you intend to have anyone communicate on your behalf to the California Coastal
Commission, individual Commissioners, and/or Commission staff regarding your coastal
development permit (CDP) application (including if your project has been appealed to the
Commission from a local government decision) or your appeal, then you are required to
identify the name and contact information for all such persons prior to any such
communication occurring (see Public Resources Code, Section 30319). The law provides
that failure to comply with this disclosure requirement prior to the time that a
communication occurs is a misdemeanor that is punishable by a fine or imprisonment and
may lead to denial of an application or rejection of an appeal.
To meet this important disclosure requirement, please list below all representatives who
will communicate on your behalf or on the behalf of your business and submit the list to the
appropriate Commission office. This list could include a wide variety of people such as
attorneys, architects, biologists, engineers, etc. If you identify more than one such
representative, please identify a lead representative for ease of coordination and
communication. You must submit an updated list anytime your list of representatives
changes. You must submit the disclosure list before any communication by your
representative to the Commission or staff occurs.
Your Name
CDP Application or Appeal Number ______________ _
Lead Representative
Name -------------------------Ti tie
Street Address. ---------------------City ________________________ _
State, Zip ______________________ _
Email Address
Daytime Phone _____________________ _
Your Signature
Date of Signature __________ _
PA2019-113
Additional Representatives (as necessary)
Name _______________________ _
Title
Street Address.
City _______________________ _
State, Zip _____________________ _
Email Address
Daytime Phone ____________________ _
Name _______________________ _
Title
Street Address. ____________________ _
City---------------,.----------:----State, Zip ______________________ _
Email Address
Daytime Phone ___________________ _
Name _______________________ _
Title
Street Address. ____________________ _
City ______________________ _
State, Zip ______________________ _
Email Address
Daytime Phone ____________________ _
Name _______________________ _
Title
Street Address. ____________________ _
City _______________________ _
State, Zip ______________________ _
Email Address
Daytime Phone ____________________ _
Your Signature. ____________________ _
Date of Signature __________ _
2
PA2019-113