HomeMy WebLinkAboutPA2022-0163_20220805_Project description24310 Moulton Parkway, Suite O #1009 Laguna Hills, CA 92637 Phone: 949.336.1550 Fax: 949.336.6665
E-Mail: info@coastalbusinessgroup.net www.coastalbusinessgroup.net
Wireless Telecommunication Facility
Proposed T-Mobile Wireless Facility
LA02868G-Cell Split
1601 (CS) Bayside Dr, Corona Del Mar, CA92625
APN: 050-401-30
RE: PA2018-151 & CD2018-067
Project History
T-Mobile had obtained approval on October 25, 2018 for a previous design for this same facility under PA2018-
151 and Coastal Development Permit No CD2018-067. The previous approval has been attached to this
document for reference. If applicable, T-Mobile would like to seek revision to the previous permits with the new
proposed design as outline by the plans and supporting documentation.
Project Description
T-Mobile is proposing to construct, operate, and maintain a Wireless Telecommunication Facility (WTF) on the
above-identified property. The subject property is fully developed as a private yacht club. The WTF will be
installed on the rooftop with ground equipment located in an enclosure at the South end of the property.
Antennas and auxiliary equipment will be mounted onto the 25’ rooftop at approximately 27’ high with the
supporting equipment cabinets located on the ground in a newly proposed equipment shelter. T-Mobile will be
installing three (3) sectors with a total of six (6) antennas and six (6) RRUs. T-Mobile’s support equipment and
cabinets will be placed within an approximately 100 square foot enclosure at South end of building.
Explanation of Selected Candidate
T-Mobile has selected this property and proposed facility, as to increase emergency and public wireless services
in the area. It has been determined that the height and topography of this location will best serve T-Mobile
customers in the area. It is T-Mobile’s opinion that this is the least-impactful design to adequately support the
coverage needs in the area as their equipment will be mounted to an already existing structure and will not
have a major aesthetic impact to the building, property, or surrounding community.
Operation & Maintenance
Once constructed, T-Mobile’s site will operate 24-hours per day, 7-days per week, as an unmanned facility.
Periodic maintenance and upkeep of the site will occur approximately once per month and will be preformed
by T-Mobile’s technicians.
PA2022-0163
Community Development Department
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
VIA EMAIL
October 25, 2018
Reliant Land Services
Maryann Neward
1745 W. Orangewood Avenue, Suite 103
Orange, CA 92868
Maryann.neward@rlsusa.com
Subject: Coastal Development Permit No. CD2018-067
(PA2018-151)
1601 (CS) Bayside Drive
Bahia Corinthian Yacht Club Telecom
Dear Maryann,
It was a pleasure working with you on the above referenced application. Please be
advised that the subject application was approved by the Zoning Administrator on
October 25, 2018 and is now within the required City appeal period until November
9, 2018. If no appeals are filed with the City, a Notice of Final Action will be mailed to
the California Coastal Commission. Upon receipt of the notice by the Coastal
Commission, the action will be subject to an additional 10-working-day appeal period.
You may track status of the Coastal Commission appeal period via the following link:
Statewide Appealable Projects PDF
At the conclusion of both appeal periods, a building permit may be issued for the
project.
A copy of the approved resolution with findings and conditions is attached. If you
have any questions, please do not hesitate to contact me directly. Thank you and I
look forward to working with you again in the future.
Sincerely,
Benjamin M. Zdeba, AICP
Associate Planner
GBR/bmz
PA2022-0163
05-15-2018
RESOLUTION NO. ZA2018-114
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
COASTAL DEVELOPMENT PERMIT NO. CD2018-067 TO ALLOW
A NEW COLLOCATED, CLASS 1 (STEALTH/SCREENED)
WIRELESS TELECOMMUNICATIONS FACILITY LOCATED AT
1601 (CS) BAYSIDE DRIVE (PA2018-151)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by T-Mobile (“Applicant”), with respect to property located at 1601
(CS) Bayside Drive, requesting approval of a coastal development permit.
2.The parcel at 1601 Bayside Drive is legally described as Parcel 1 of Parcel Map No. 93-
115
3.The Applicant proposes a new Class 1 (Stealth/Screened) wireless telecommunications
facility (“telecom”) at the Bahia Corinthian Yacht Club (“BCYC”). The proposal includes a
new faux chimney structure that will house up to six (6) panel antennas and will match an
existing faux chimney structure. Also included is a fiberglass reinforced plastic (“FRP”)
screen wall extension of the existing rooftop elevator penthouse that will house up to three
(3) panel antennas. All supporting equipment will be located within an enclosure at the
ground level.
4.The subject property is designated Private Institutions (PI) by the General Plan Land Use
Element and is located within the Private Institutions (PI) Zoning District.
5.The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Private Institutions (0.0 – 0.30 FAR) (PI-A) and the property is located within
the Private Institutions (PI) Coastal Zone District.
6.A public hearing was held on October 25, 2018, in the Corona del Mar Conference Room
(Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and
purpose of the hearing was given in accordance with the Newport Beach Municipal
Code. 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 categorically exempt pursuant to Title 14 of the California Code of
Regulations Section 15303 , Article 19 of Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act (CEQA) under Class 3 (New Construction or
Conversion of Small Structures), because it has no potential to have a significant effect
on the environment.
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2. The proposed project is the installation of a new telecom facility at an existing
nonresidential building. The project consists of a new faux chimney, the extension of an
existing elevator penthouse, and the installation of supporting equipment within a
screening enclosure at the ground level. No additional square footage is being created
as a result of the project.
3. The exceptions to this 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.
In accordance with Newport Beach Municipal Code (“NBMC”) Section 21.52.015 (Coastal
Development Permits, Findings and Decision), the following findings and facts in support of
such findings are set forth:
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. Telecoms are an allowed use within the PI District per Table 21.26-1 (Allowed Uses) of
NBMC Section 21.26.020 (OS, PF, PI, PR, and TS Coastal Zoning District Land Uses).
2. The proposed telecom is considered a Class 1 (Stealth/Screened) installation which will
be collocated at an existing facility. NBMC Section 21.49.040 (Telecom Facility
Preferences and Prohibited Locations) lists collocated and Class 1 installations at the
top of the installation preference list.
3. The design of the proposed faux chimney closely matches that of the existing faux chimney
occupied by antennas and equipment for Verizon Wireless. The extension of the existing
elevator penthouse by two feet will not create additional bulk such that building scale is
compromised. This will help to ensure the telecom blends into the surrounding environment
as common architectural elements.
4. The proposed faux chimney and elevator penthouse extension will comply with the
maximum height limit of 26 feet and will serve to screen all proposed antennas and related
equipment. The supporting equipment will be located at ground level to the immediate
south of the BCYC building within a concrete masonry unit (“CMU”) wall enclosure.
Therefore, the proposed telecom will be completely screened from view.
5. The proposed telecom complies with NBMC Section 21.30.100 (Scenic and Visual
Quality Protection) inasmuch as it is not located in any public viewshed to or along the
ocean, bay, beach or coastal bluffs. The closest public viewpoint identified in the Coastal
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05-15-2018
Land Use Plan is from Irvine Terrace Park to the east from which the BCYC building is
not visible due to intervening development and landscaping.
6.The proposed faux chimney and elevator penthouse extensions will comply with the
maximum allowable height limit of 26 feet to the top of a flat structure within the PI District
and the Shoreline Height Limit Zone.
7.All proposed landscaping around the supporting equipment enclosure will comply with
NBMC Section 21.30.075 (Landscaping). A condition of approval is included that
requires drought-tolerant species. Prior to issuance of building permits, the final
landscape plans will be reviewed to verify invasive species are not planted
Finding:
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.
Fact in Support of Finding:
1.The project site is located between the nearest public road and the sea or shoreline;
however, 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 bay front is provided by
way of an existing 10-foot-wide pedestrian easement over the BCYC property. Said
easement will not be impacted by the proposed telecom installation.
2.Lateral access and views of the ocean are also available along an existing 6-foot-wide
public sidewalk in front of the project site.
3.See Fact in Support of Finding A(5).
4.The project will allow the collocation of a telecom that complies with all applicable Local
Coastal Program (LCP) development standards and maintains a building envelope
consistent with the existing and anticipated future surrounding neighborhood pattern of
development. Therefore, the project does not have the potential to degrade the visual
quality of the Coastal Zone.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1.The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit No. CD2018-067, subject to the conditions set forth in Exhibit “A,”
which is attached hereto and incorporated by reference.
2.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 21
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Local Coastal Implementation Plan. Final action taken by the City may be appealed to
the Coastal Commission in compliance with Section 21.64.035 of the City’s certified LCP
and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section
30603 of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 25TH DAY OF OCTOBER, 2018.
____________________________________
Patrick J. Alford, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning Division
1.The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2.No demolition or construction materials, equipment debris, or waste, shall be placed or
stored in a location that would enter sensitive habitat, receiving waters, or a storm drain
or result in impacts to environmentally sensitive habitat areas, streams, the beach,
wetlands or their buffers.
3.The telecom facility approved by this permit shall comply with all applicable rules,
regulations, and standards of the Federal Communications Commission (“FCC”) and
the California Public Utilities Commission (“CPUC”).
4.The telecom facility approved by the permit shall comply with any easements,
covenants, conditions, or restrictions on the underlying real property upon which the
facility is located.
5.Anything not specifically approved by this permit is not permitted and must be addressed
in a separate and subsequent Telecom Permit review.
6.The telecom approved by this permit shall not exceed twenty-six feet (26’) in height from
the finish floor elevation, as depicted on the project plans attached to the staff report dated
October 25, 2018. A Height Certification Inspection shall be required prior to final of building
permits.
7.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.
8.On an annual basis, the Applicant shall conduct maintenance inspections of the wireless
telecom facility, including the monopole, equipment enclosure areas and walls, and
make all necessary repairs. The Community Development Director may require
additional inspections and/or maintenance activities at his/her discretion
9.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.
10.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.
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11.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.
12.The Applicant recognizes that the frequencies used by the cellular facility located at
1601 (CS) Bayside Drive are extremely close to the frequencies used by the City of
Newport Beach for public safety. This proximity will require extraordinary “comprehensive
advanced planning and frequency coordination” engineering measures to 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.
13.The Applicant shall provide a “single point of contact” for both carriers in its Engineering
and Maintenance Departments that is monitored twenty-four (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 e-mail 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 alerted and updated immediately.
14.Appropriate information warning signs or plates shall be posted at the access locations
and each 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.
15.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.
16.The telecom facility shall not be lighted except as deemed necessary by the Newport
Beach Police Department for security lighting. The night lighting shall be at the lowest
intensity necessary for that purpose and such lighting shall be shielded so that direct
rays do not shine on nearby properties. Prior to the final of building permits, the Applicant
shall schedule an evening inspection by the Code Enforcement Division to confirm
compliance with this condition.
17.At all times, the operator for T-Mobile shall ensure that its telecom facility complies with
the most current regulatory, operations standards, and radio frequency emissions
standards adopted by the FCC. The operator 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. Said
information shall be made available by the operator upon request at the discretion of the
Community Development Director.
18.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 Municipal
Code Section 21.49.050.
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19.Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
Applicant, current property owner, or leasing agent.
20.The Applicant shall ensure that lessee or other user(s) shall comply with the terms and
conditions of this permit, and shall be responsible for the failure of any lessee or other
users under the control of the Applicant to comply.
21.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 or property owner shall have ninety (90) days from the date of
abandonment or discontinuance to reactivate use of the facility, transfer the rights to use
the facility to another operator, or remove the telecom facility and restore the site.
22.The City reserves the right and jurisdiction to review and modify any permit approved
pursuant to NBMC Chapter 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 modification of the original telecom permit and obtain
the modified telecom permit prior to implementing any change.
23.This approval does not authorize any new or existing improvements (including
landscaping) on State tidelands, public beaches, or the public right-of-way.
24.This Coastal Development Permit does not authorize any development seaward of the
private property.
25.Best Management Practices (BMP’s) and Good Housekeeping Practices (GHP’s) shall
be implemented prior to and throughout the duration of construction activity as
designated in the Construction Pollution Prevention Plan (CPPP).
26.The discharge of any hazardous materials into storm sewer systems or receiving waters
shall be prohibited. Machinery and equipment shall be maintained and washed in
confined areas specifically designed to control runoff. A designated fueling and vehicle
maintenance area with appropriate berms and protection to prevent spillage shall be
provided as far away from storm drain systems or receiving waters as possible.
27.Debris from demolition shall be removed from work areas each day and removed from
the project site within 24 hours of the completion of the project. Stock piles and
construction materials shall be covered, enclosed on all sites, not stored in contact with
the soil, and located as far away as possible from drain inlets and any waterway.
28.Trash and debris shall be disposed in proper trash and recycling receptacles at the end
of each construction day. Solid waste, including excess concrete, shall be disposed in
adequate disposal facilities at a legal disposal site or recycled at a recycling facility.
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29. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
30. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
31. 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 Coastal
Development Permit.
32. This Coastal Development 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.
33. Prior to the issuance of building permits, the applicant shall submit a final construction
erosion control plan. The plan shall be subject to the review and approval by the Building
Division.
34. Prior to issuance of a building permit, a copy of the Resolution, including conditions of
approval Exhibit “A” shall be incorporated into the Building Division and field sets of
plans.
35. Prior to issuance of a building permit, the applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Coastal
Development file. The plans shall be identical to those approved by all City departments
for building permit issuance. The approved copy shall include architectural sheets only
and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict
the elements approved by this Coastal Development Permit.
36. Prior to the issuance of building permits, the applicant shall submit a final landscape and
irrigation plan. These plans shall incorporate drought tolerant plantings, non-invasive
plant species and water efficient irrigation design. The plans shall be approved by the
Planning Division.
37. All landscape materials and irrigation systems shall be maintained in accordance with
the approved landscape plan. All landscaped areas shall be maintained in a healthy and
growing condition and shall receive regular pruning, fertilizing, mowing, and trimming.
All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall
be kept operable, including adjustments, replacements, repairs, and cleaning as part of
regular maintenance.
38. Prior to the issuance of building permit, the applicant shall pay any unpaid administrative
costs associated with the processing of this application to the Planning Division.
39. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by the current
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property owner or agent.
40. The applicant is responsible for compliance with the Migratory Bird Treaty Act. In
compliance with the (MBTA), grading, brush removal, building demolition, tree trimming,
and similar construction activities shall occur between August 16 and January 31,
outside of the peak nesting period. If such activities must occur inside the peak nesting
season from February 1 to August 15, compliance with the following is required to
prevent the taking of Native Birds pursuant to MBTA:
A. The construction area shall be inspected for active nests. If birds are observed flying
from a nest or sitting on a nest, it can be assumed that the nest is active. Construction
activity within 300 feet of an active nest shall be delayed until the nest is no longer
active. Continue to observe the nest until the chicks have left the nest and activity is no
longer observed. When the nest is no longer active, construction activity can continue
in the nest area.
B. It is a violation of state and federal law to kill or harm a native bird. To ensure
compliance, consider hiring a biologist to assist with the survey for nesting birds, and
to determine when it is safe to commence construction activities. If an active nest is
found, one or two short follow-up surveys will be necessary to check on the nest and
determine when the nest is no longer active.
41. This Coastal Development Permit No. CD2018-067 shall expire unless exercised within 24
months from the date of approval as specified in Section 21.54.060 (Time Limits and
Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise
granted.
42. 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 the Bahia Corinthian Yacht Club
Telecom including, but not limited to Coastal Development Permit No. CD2018-067
(PA2018-151). 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.
Fire Department
43. Storage of batteries must comply with California Fire Code Section 608, Stationary Storage
Battery Systems.
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44.Manufactures specifications for any generators will be required with plan review.
Generator shall be installed as per manufactures specifications and comply with California
Fire Code Section 601.
Building Division
45.The Applicant is required to obtain all applicable permits from the City Building Division
and Fire Department. Prior to the issuance of any building, mechanical, and/or electrical
permits, architectural drawings and structural design plans shall be submitted to the City
of Newport Beach for review and approval by the applicable departments. A copy of
these conditions of approval shall be incorporated into the drawings approved for the
issuance of permits.
46.The telecom facility shall comply with all regulations and requirements of the California
Building Code, California Fire Code, California Mechanical Code, and California
Electrical Code. All required permits shall be obtained prior to commencement of the
construction.
Public Works
47.In case of damage done to public improvements surrounding the site by private
construction, additional reconstruction within the public right-of-way may be required at the
discretion of the Public Works Department.
48.The storage of all project related equipment during construction shall be on-site and
outside the public right-of-way.
49.An approved encroachment permit is required for all work activities within the public right-
of-way.
50.The project shall not conflict with any easements over the property. If an easement is
determined to be no longer necessary, the property owner shall work with the City or
responsible agency to abandon it.
PA2022-0163