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Home My WebLink About05_Bahia Corinthian Yacht Club Telecommunications Facility_PA2022-016303/13/2018 CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT June 15, 2023 Agenda Item No. 5 SUBJECT: Bahia Corinthian Yacht Club Telecommunications Facility (PA2022-0163) Coastal Development Permit SITE LOCATION: 1601 Bayside Drive APPLICANT: Coastal Business Group, INC. OWNER: Bahia Corinthian Yacht Club PLANNER: Oscar Orozco, Assistant Planner 949-644-3219, oorozco@newportbeachca.gov LAND USE AND ZONING x General Plan: Private Institutions (PI) x Zoning District: Private Institutions (PI) x Coastal Land Use Category: Private Institutions (0.0 – 0.30 FAR) (PI-A) x Coastal Zoning District: Private Institutions (PI) PROJECT SUMMARY A request for a coastal development permit (CDP) to allow a new Class 1 (stealth) wireless telecommunications facility at the Bahia Corinthian Yacht Club. The proposal includes two (2) new faux chimney structures to match an existing faux chimney structure. One of the two will house up to four (4) panel antennas and the other will house up to two (2) panel antennas for a total of six (6) new panel antennas. All supporting equipment will be located within a new equipment enclosure at the ground level. The proposed development complies with all applicable development standards including height, setbacks and floor area limits. No deviations are requested. All proposed improvements are within the confines of private property. RECOMMENDATION 1)Conduct a public hearing; 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); and 3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development Permit PA2022-0163 (Attachment No. ZA 1). 1 Zoning Administrator, June 15, 2023 Page 2 Tmplt: 04/03/18 DISCUSSION x The subject property is located in the PI Coastal Zoning District, which provides for areas appropriate for privately owned facilities that serve the public and is consistent with the City’s Coastal Land Use Plan, General Plan, and Zoning Code. A CDP is required, and the project is not eligible for a waiver for de minimis development because the property is located in the Coastal Commission Appeal Area. x The property currently consists of one legal parcel developed with the Bahia Corinthian Yacht Club (BCYC), established by Use Permit No. UP1437 in 1969. x In 2011, Verizon Wireless received approval to install a wireless telecommunications facility (telecom) by constructing a faux chimney atop the existing BCYC roof to house antennas and related equipment. This telecom was constructed in 2012 and is currently operational. The California Coastal Commission determined the project was exempt from the permit requirements of the Coastal Act (Reference Number 5- 12-022-X). x Certified in early 2017, the City’s Local Coastal Program Implementation Plan requires that, prior to installation of any telecom, a coastal development permit shall be obtained (NBMC Section 21.49.020(B) (Permit and Agreement Required)). x In 2018, Coastal Development Permit No. CD2018-067 was approved by the Newport Beach Zoning Administrator, allowing a new faux chimney atop the existing BCYC roof to house 6 panel antennas. This structure was never constructed, and the CDP has since expired. x Telecoms are an allowed use within the PI District pursuant to Table 21.26-1 (Allowed Uses) of Newport Beach Municipal Code (NBMC) Section 21.26.020 (OS, PF, PI, PR, and TS Coastal Zoning District Land Uses). x The maximum height limitation for a PI designated property within the Shoreline Height Limit Zone is 40 feet. The proposed telecom will comply with the height limit, as designed and conditioned. The materials of the faux chimney have been selected to blend with the existing architectural design of the BCYC building. x 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 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. Visual simulations have been prepared demonstrating that the faux chimneys will blend in with and be architecturally compatible with the existing building as viewed from the water. 2 Zoning Administrator, June 15, 2023 Page 3 Tmplt: 04/03/18 x The proposed telecom has been designed to conform to the requirements of NBMC Chapter 21.49 (Wireless Telecommunications Facilities), as well as the public access and recreation policies of Chapter 3 of the Coastal Act, as demonstrated by the facts presented in the attached Resolution for approval (see Attachment No. ZA 1). ENVIRONMENTAL REVIEW This project is 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, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. Class 3 exempts the demolition of up to three (3) single-family residences and additions of up to 10,000 square feet to existing structures. The proposed project is the installation of a new telecom facility at an existing nonresidential building. The project consists of two (2) new faux chimneys structures and a new equipment enclosure at the ground level. No additional square footage is being created as a result of the project. The exceptions to this 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. PUBLIC NOTICE Notice of this public hearing was published in the Daily Pilot, mailed to all owners and residential occupants of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways), including the applicant, and posted on the subject property at least 10 days before the scheduled hearing, 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. APPEAL PERIOD This action shall become final and effective 14 days following the date the Resolution is adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 21 (Local Coastal Implementation Plan) of the Newport Beach Municipal Code. 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. For additional information on filing an appeal, contact the Planning Division at 949-644-3200. Prepared by: 3 Zoning Administrator, June 15, 2023 Page 4 Tmplt: 04/03/18 CC/oo Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Applicant’s Project Description and Justification Letter ZA 4 Photographic Visual Simulations ZA 5 Project Plans 4 03/13/2018 Attachment No. ZA 1 Draft Resolution 5 05-15-2018 RESOLUTION NO. ZA2023-#### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT TO ALLOW A NEW, CLASS 1 (STEALTH/SCREENED) WIRELESS TELECOMMUNICATIONS FACILITY LOCATED AT 1601 BAYSIDE DRIVE (PA2022-0163) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Coastal Business Group (“Applicant”), with respect to property located at 1601 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. 291- 47 3. The Applicant proposes a new Class 1 (stealth) wireless telecommunications facility (“telecom”) at the Bahia Corinthian Yacht Club (“BCYC”). The proposal includes two (2) new faux chimney structures to match an existing faux chimney structure. One of the two will house up to four (4) panel antennas and the other will house up to two (2) panel antennas for a total of six (6) new panel antennas. All supporting equipment will be located within a new equipment enclosure at the ground level. The proposed development complies with all applicable development standards including height, setbacks and floor area limits. No deviations are requested. All proposed improvements are within the confines of private property. 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 June 15, 2023, online via Zoom. A notice of the time, place, and purpose of the hearing was given by the Newport Beach Municipal Code (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 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. 6 Zoning Administrator Resolution No. ZA2023-### Page 2 of 10 05-15-2018 2. The proposed project is the installation of a new telecom facility at an existing nonresidential building. The project consists of two (2) new faux chimney structures, and supporting equipment which will be located within a new equipment 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 structures closely matches that of the existing faux chimney occupied by antennas and equipment for Verizon Wireless. This will help to ensure the telecom blends into the surrounding environment as common architectural elements. 4. The proposed faux chimney structures will comply with the maximum height limit of 40 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 new 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 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. Visual simulations have 7 Zoning Administrator Resolution No. ZA2023-### Page 3 of 10 05-15-2018 been prepared demonstrating that the faux chimneys will blend in with and be architecturally compatible with the existing building as viewed from the water. 6. 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 PA2022-0163, 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 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. 8 Zoning Administrator Resolution No. ZA2023-### Page 4 of 10 05-15-2018 PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF June 2023. _____________________________________ Benjamin M. Zdeba, AICP, Zoning Administrator 9 Zoning Administrator Resolution No. ZA2023-### Page 5 of 10 05-15-2018 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 wireless telecommunications (“telecom") facility approved by this permit shall not exceed forty feet (40’) in height from the existing grade, as depicted on the project plans attached to the staff report dated June 15, 2023. A Height Certification Inspection shall be required prior to final of building permits. 7.The Applicant shall continually maintain the 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 faux chimney, 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. 10 Zoning Administrator Resolution No. ZA2023-### Page 6 of 10 05-15-2018 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 11 Zoning Administrator Resolution No. ZA2023-### Page 7 of 10 05-15-2018 illustrated in the approved photographic simulations and in conformance with Municipal Code Section 21.49.050. 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. 12 Zoning Administrator Resolution No. ZA2023-### Page 8 of 10 05-15-2018 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. 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. 13 Zoning Administrator Resolution No. ZA2023-### Page 9 of 10 05-15-2018 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 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 PA2022-0163 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 Telecommunications Facility including, but not limited to Coastal Development Permit PA2022-0163. 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. 14 Zoning Administrator Resolution No. ZA2023-### Page 10 of 10 05-15-2018 Public Works 43.An encroachment permit is required for any work in the City’s easement areas. 44. An approved encroachment permit is required for all work activities within the public right- of-way. 15 03/13/2018 Attachment No. ZA 2 Vicinity Map 16 03/13/2018 VICINITY MAP Coastal Development Permit (PA2022-0163) 1601 Bayside Drive Subject Property Subject Property 17 Tmplt: 04/03/18 Attachment No. ZA 3 Applicant’s Project Description and Justification Letter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six (6) 19 Tmplt: 04/03/18 Attachment No. ZA 4 Photographic Visual Simulations 20 21 22 23 Tmplt: 04/03/18 Attachment No. ZA 5 Project Plans 24 BAHIA CORINTHIAN YACHT CLUB 7 4430 E. MIRALOMA AVE. SUITE D ANAHEIM, CALIFORNIA 92807 NOT TO B E U S E D F O R CONST R U C T I O N T1 TITLE SHEET VICINITY MAP:SHEET INDEX CONSULTING TEAM PROJECT SUMMARY PRINT NAME SIGNATURE DATE APPROVALS:DRIVING DIRECTIONS: APPLICABLE CODES: SITE ADDRESS: LATITUDE AND LONGITUDE: PROPERTY OWNER CONTACT: APPLICANT: PROJECT DESCRIPTION: BUILDING SUMMARY: ARCHITECTURAL/ENGINEERING:SAC / ZONING: SITE NUMBER: SITE NAME: SITE TYPE: CITY: COUNTY: JURISDICTION: LA02868G (NSB) ROOFTOP BAHIA CORINTHIAN YACHT CLUB CORONA DEL MAR ORANGE CITY OF NEWPORT BEACH T1 A2 A3 A1 A4 PROJECT AREA LS1 A5 xxxx xxxx LS2 LS3  A2.1 25 26 27 28 STORM DRAIN WV BAHIA CORINTHIAN YACHT CLUB 7 4430 E. MIRALOMA AVE. SUITE D ANAHEIM, CALIFORNIA 92807 NOT TO B E U S E D F O R CONST R U C T I O N SITE PLAN A1SITE PLAN 15' 30'0 1 SECTOR 'A' 300° SECTOR 'C' 180° SECTOR 'B' 90° B A Y S I D E D R I V E EL PAS O D R I V E 29 WV BAHIA CORINTHIAN YACHT CLUB 7 4430 E. MIRALOMA AVE. SUITE D ANAHEIM, CALIFORNIA 92807 NOT TO B E U S E D F O R CONST R U C T I O N ENLARGED SITE PLAN, EQUIPMENT PLAN ANDEQUIPMENT ELEVATION 2EQUIPMENT PLAN 1ENLARGED SITE PLAN A2 SECTOR 'A' 300° SECTOR 'C' 180° SECTOR 'B' 90° 3EQUIPMENT ELEVATION 30 STOR M D R A I N SD BAHIA CORINTHIAN YACHT CLUB 7 4430 E. MIRALOMA AVE. SUITE D ANAHEIM, CALIFORNIA 92807 NOT TO B E U S E D F O R CONST R U C T I O N UTILITY PLANAND FIBER PLAN 2EQUIPMENT PLAN 1UTILITY PLAN A2.1 31 BAHIA CORINTHIAN YACHT CLUB 7 4430 E. MIRALOMA AVE. SUITE D ANAHEIM, CALIFORNIA 92807 NOT TO B E U S E D F O R CONST R U C T I O N A3 ANTENNA PLAN AND ANTENNA SCHEDULE 1ANTENNA PLAN2ANTENNA/RRU SCHEDULE SECTOR 'A' 300° SECTOR 'C' 180° SECTOR 'B' 90° 32 BAHIA CORINTHIAN YACHT CLUB 7 4430 E. MIRALOMA AVE. SUITE D ANAHEIM, CALIFORNIA 92807 NOT TO B E U S E D F O R CONST R U C T I O N ELEVATIONS A4 NORTEAST ELEVATION 2NORTHWEST ELEVATION 1 33 BAHIA CORINTHIAN YACHT CLUB 7 4430 E. MIRALOMA AVE. SUITE D ANAHEIM, CALIFORNIA 92807 NOT TO B E U S E D F O R CONST R U C T I O N ELEVATIONS A52 SOUTHWEST ELEVATION 1 SOUTHEAST ELEVATION 34 From: N K Gupta <nkgupta8@gmail.com> Sent: Monday, June 12, 2023 4:26 PM To: Orozco, Oscar <oorozco@newportbeachca.gov> Subject: Re: Project PA2022‐0163 [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Hello Oscar, As discussed on phone, please find the letter expressing the impact on valuation of my property. I may not be able to attend the hearing but, I am sending the letter by certified mail for your records. Thanks for your help. Sincerely, Narendra Gupta 949 698 2256 From: Orozco, Oscar <oorozco@newportbeachca.gov> Date: Friday, June 9, 2023 at 9:51 AM To: N K Gupta <nkgupta8@gmail.com> Subject: RE: Project PA2022‐0163 Hi, Thank you for taking my call earlier today. Below you will find a link to the Zoning Administrator information page where the agenda and staff report are already posted. Zoning Administrator Information Page: http://www.newportbeachca.gov/index.aspx?page=1690 The zoning administrator meeting zoom information is located on the agenda that can be found at the link below. Please let me know if you have any questions on the project. Thank you and have a wonderful day! Regards, Oscar Orozco Assistant Planner Community Development Department Office: 949-644-3219 100 Civic Center Drive, First Floor Bay B, Newport Beach, California 92660 From: N K Gupta <nkgupta8@gmail.com> Sent: June 08, 2023 1:25 PM To: Orozco, Oscar <oorozco@newportbeachca.gov> Subject: Project PA2022‐0163 Hello Orozco, I received attached notice of hearing on subject project. I would like to learn more about it. I left you a VM. Please call back at 949 698 2256 Narendra Gupta 1607 Bayadere Terrace Zoning Administrator -June 15, 2023 Item No. 5a Additional Materials Received Bahia Corinthian Yacht Club Telecommunications Facility CDP (PA2022-0163) Zoning Administrator -June 15, 2023 Item No. 5a Additional Materials Received Bahia Corinthian Yacht Club Telecommunications Facility CDP (PA2022-0163)