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HomeMy WebLinkAboutSage Hill Cellular Antenna Site (PA2004-230)CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item: 5 December 9, 2004 TO: PLANNING COMMISSION FROM: Planning Department Marina E. Marrelli, Assistant Planner (949) 644 -3205, Email mmarrelli(cDcitv.nemort- beach.ca.us SUBJECT: Use Permit No. 2004 -039 (PA2004 -230) APPLICANT: Nextel Communications 20662 Newport Coast Drive ISSUE: Shall a use permit be granted to Nextel Communications for the addition of communication antennae and related structures on a nonconforming site? RECOMMENDATION Staff recommends approval of Use Permit No. 2004 -039 subject to the findings and conditions contained within the attached draft resolution. DISCUSSION Project & Site Overview Nextel is requesting the addition of six new communication antennae, two new global positioning system (GPS) antennae, a microwave dish and an equipment- housing structure in order to increase communication coverage to its customers. The project is located at an existing gas recovery facility on a hill that is approximately an eighth of a mile from the 73 Freeway and Newport Coast Drive. The facility is located a quarter of a mile from Sage Hill School and from the residential properties to the south. The gas recovery, facility, is associated with the closed Coyote Canyon landfill. The site is operated by Gas Recovery Systems and was permitted to add telecommunications equipment from three separate carriers by the County of Orange in recent years. The telecom facilities were consistent with the County's agricultural zoning of the site and when this the zoning of the site w inadvertently caused th e because such facilities ar e P District. Nextel Communications December 9, 2004 Page 2 portion of Newport Coast was annexed into Newport Beach, as changed to Open Space- Passive (OS -P). This change telecommunications facilities to become nonconforming considered major utilities, which are not permitted in the OS- VICINITY MAP The microwave dish, and three of the telecommunication panel antennae, will be attached to an existing 103 -foot smoke stack approximately 40 feet above the ground. The other three panel antennae will be mounted on 20 -foot poles in the northeasterly corner of the lot adjacent to an existing 12 -foot high wall. In the southeasterly corner of the lot, Nextel will construct a 10 -foot high, 240 - square -foot equipment shelter. The two global positioning system (GPS) antennae will be affixed to the equipment shelter and will exceed the shelter height by approximately 1 foot. Nextel Communications December 9, 2004 Page 3 Analysis Chapter 20.62.050 of the Zoning Code allows the expansion of a nonconforming use by the approval of a use permit, and the following findings present the basis for its approval. 1. That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. The OS -P District is intended to provide areas for passive recreational land uses, where access is limited or otherwise controlled. The project site consists of approximately 2 acres of the 142 -acre Coyote Canyon Landfill. Since the vast majority of the Coyote Canyon Landfill will remain as passive open space, the proposed use is in accord with the objectives of the OS -P District. 2. That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use, and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. The project site Land Use Element designation is Recreational and Environmental Open Space. This designation is applied to areas used or proposed for a wide range of land uses with an open space character, including parks (both active and passive), wildlife refuges, golf courses, yacht clubs, marina support facilities, aquatic facilities, tennis courts, private recreation facilities, drainage courses, interpretive centers, greenbelts and landscaped areas. Although communications facilities are not permitted by right in the implementing OS -P District, the land use type and intensity is comparable with other land uses deemed consistent with this Recreational and Environmental Open Space designation. The site is not located in a sensitive area and has been used as a gas recovery facility with telecommunication services. It is distant from Sage Hill School, the residential community to the south; Newport Coast Drive, and the 73 Freeway. The addition of the proposed telecommunication equipment and structure will not cause an increase in traffic on Newport Coast Drive. Once construction of the proposed equipment and structure is completed, this facility will be visited for maintenance or repair reasons only. It will not require on -site staffing. The existing facility, with the proposed addition, will not affect the aesthetics and use of the subject property as it will be unmanned and require maintenance periodically. The proposed addition to the existing facility will not generate noise, odor, smoke or other Nextel Communications December 9, 2004 Page 4 adverse impacts. The proposed telecommunication equipment and structure are minor expansions of existing telecommunication facilities on the site. The existing smoke stack will accommodate three panel antennae and the microwave dish. The equipment housing structure will be 240 square feet and 10 feet in height. The two GPS antennae will be attached to the equipment housing structure and will exceed its height by approximately one foot. The remaining three panel antennae will be on 20 -foot high poles adjacent to an existing wall. In relation to the existing facilities, these additional pieces of equipment and the building will be of little impact on the four -acre site. The equipment and structures will be painted, or constructed, to blend into their backgrounds thus limiting any visual impacts. All of the equipment is small and open in nature, and the 10 -foot high building is relatively minor in size on the lot. The gas recovery site is surrounded by trees and vegetation that soften the appearance of the facility. Furthermore, the existing facility including the proposed addition will comply with the applicable rules, regulations and standards of the Federal Communications Commission (FCC) and the California Public Utilities Commission (CPUC) thus ensuring public health and safety. 3. That the proposed use will comply with the provisions of this code, including any speck condition required for the proposed use in the district in which it would be located. Chapter 15.70, Wireless Telecommunication Facilities of the Newport Beach Municipal Code, requires all telecom facilities approved under this Chapter to comply with the specific height and locations and design standards in order to minimize the number of facilities. and reduce their visual impacts. The proposed antennas comply with these regulations as they will be located within the upper maximum building height of 50 feet allowed in the OS -P District. The existing facility including the proposed addition is not situated in a sensitive area, is located far from the residential zoned properties, and has minimal visual effects of telecom equipment from public streetscapes, protecting scenic, and ocean and coastal views. Furthermore, Chapter 15.70 also requires the approval of a Telecommunication Permit. This Use Permit is necessary prior to the issuance of a Telecommunication Permit that will be subject to all applicable regulations. Environmental Review The addition of new antennae and related structures is a minor expansion of the existing facility and conforms to a Class 3 exemption (New Construction or Conversion of Small Structures), therefore, it does not require a CEQA review. Nextel Communications December 9, 2004 Page 5 CONCLUSION Staff believes that the nonconformity is the result of an unintended consequence of the change of regulations when the site was annexed by Newport Beach. The location is ideal for citing telecommunications facilities due to its elevation and remoteness. The facility will not be highly visible and, due to all of these factors, staff believes that the project approval is warranted. Finally, staff intends to recommend changing the zoning of the property in a way to make the telecommunications facilities conforming while implementing the General Plan update or when future reuse of the Coyote Canyon Landfill is implemented. Pr d by: arina Marrelli, Assistant Planner Exhibits: 1. Draft resolution 2. Plans Submitted by: A , D/ Sharon Z. Wood, t�plstanf City Manager RESOLUTION NO. _ RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2004 -039 AUTHORIZING THE EXPANSION OF AN EXISTING NONCONFORMING TELECOMUNICATIONS FACILITY FOR PROPERTY LOCATED AT 20662 NEWPORT COAST DRIVE (PA- 2004 -230). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, the existing telecommunication facilities located at the Gas Recovery Systems site at 20662 Newport Coast Drive were permitted by the County of Orange consistent with zoning and land use regulations. The zoning and land use designations were changed when the property was annexed by the City of Newport Beach. The change in regulations had the unintended impact of making the existing telecommunications facilities nonconforming to Newport zoning regulations as it was the stated intent of the City to continue existing land use regulations after the annexation of the Newport Coast/Ridge area. WHEREAS, an application was filed by Danielle Brandenburg on behalf of Nextel Communications requesting approval of Use Permit No. 2004 -039 to allow, the addition of new telecommunications antennae and related structures at the Gas Recovery Systems facility. WHEREAS, a public hearing was held on December 9, 2004, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. WHEREAS, the Planning Commission finds that the application will not be detrimental to the community for the following reasons: 1. The project site consists of approximately 2 acres of the 142 -acre Coyote Canyon Landfill. The vast majority of the Coyote Canyon Landfill will remain as passive open space. Therefore, the proposed use is in accord with the objectives of the OS -P District. 2. The land use and intensity of the proposed communications facility is comparable with other land uses deemed consistent with this Recreational and Environmental Open Space designation. 3. The proposed Nextel telecommunication equipment and structure are minor expansions of existing uses on the site and they are not located near any sensitive area. The site is approximately a quarter mile from U Sage Hill School to the north and the residential development to the south. The site is also approximately an eighth mile from Newport Coast Drive and the 73 Freeway. 4. The location of the facility and its design limit the visibility of the facility. The equipment and structures will also be painted or constructed to reduce the visibility of the facility. 5. The addition of the Nextel telecommunication equipment and structures will not cause an increase in traffic on Newport Coast Drive. 6. There are no specific conditions, other than the City's Telecommunications Ordinance, which requires the approval of a Telecommunication Permit. This Use Permit is necessary prior to the issuance of a Telecommunication Permit and approval does not affect this permit requirement. NOW, THEREFORE, BE IT RESOLVED Section 1. Based on the aforementioned findings, the Planning Commission hereby approves Use permit No. 2004 -039, subject the Conditions set forth in Exhibit "A ". Section 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 91h DAY OF DECEMBER 2004 BY: Larry Tucker, Chairman M Jeffery Cole, Secretary AYES: ABSENT: NOES: 1 EXHIBIT "A" CONDITIONS OF APPROVAL Use Permit No. 2004 -039 1. The development shall be in substantial conformance with the approved site plan, elevations, and equipment and antennae layouts dated September 6, 2004. 2. A Telecommunications Permit shall be issued prior to the issuance of a Building permit or Electrical Permit for the facility. The facility shall be compliant with the City's Telecommunications Ordinance 3. Building and Electrical Permits shall be obtained before construction. 4. All antennae, microwave dish, and equipment- housing structure shall be painted or constructed to visually blend in with their backgrounds. 5. Nextel Communications shall recognize that the frequencies used by the proposed cellular facility located at 20662 Newport Coast Drive are extremely close to the frequencies used by the City of Newport Beach for public safety. This proximity shall require extraordinary "comprehensive advanced planning and frequency coordination' engineering measures to prevent interference, especially in the choice of frequencies and radio ancillary hardware as is found in the Best Practices Guide" published by the Association of Public -Safety Communications Officials- International, Inc. (APCO), and as endorsed by the Federal Communications Commission (FCC). Prior to the issuance of any permits to install the facility, Nextel Communications (or permit applicant) shall meet in good faith to coordinate the use of frequencies and equipment with the Communications Division of the Orange County Sheriff - Coroner Department to minimize, to the greatest extent possible, any interference with the Public Safety 800MHz Countywide Coordinated Communications System (CCCS). Similar consideration shall be given to any other existing or proposed wireless communications facility that may be located on the subject property. 6. At all times, Nextel Communications shall not prevent the City of Newport Beach from having adequate spectrum capacity on the City's 800 MHz radio frequencies. OR 7. Before activating its facility, Nextel Communications shall submit to a post - installation test to confirm that "advanced planning and frequency coordination" of the facility was successful in not interfering with the City of Newport Beach Public Safety radio equipment. This test shall be conducted by the Communications Division of the Orange County Sheriff - Coroner Department or a Division- approved contractor at the expense of Nextel Communications. This post - installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the "frequency planning" process has been met. 8. Nextel Communications shall provide a 24 -hour telephone number to which interference problems may be reported. 9. Nextel communications shall provide a "single point of contact" in its Engineering and Maintenance Departments to ensure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to the City's designated representative upon activation of the facility. 10. Nextel Communications 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 Nextel Communications to comply.