HomeMy WebLinkAbout4a - Correspondence - PA2012-057Paul R. O'Boyle
Paul R O'Boyle, JD/NMA
w/ www.oboylelaw.com
13269 Deer Canyon Place
e/ pro @oboylelaw.com
San Diego, CA 92129
Mr. James Campbell, Principal Planner
City of Newport Beach
Community Development Department
100 Civic Drive
Newport Beach, CA 92660
t/ (858) 922 -8807
f/ (858) 484 -7831
December 19, 2013
RE: Newport Beach Municipal Code — Chapter 20.49 - Comments on Draft WTF Ordinance
Dear Mr. Campbell:
As outside counsel for Crown Castle NG West, Inc. ( "Crown "), I wanted to thank the City of
Newport Beach ( "City') for allowing us to participate in the process of rewriting of the City's Wireless
Telecommunications Facilities Ordinance ( "Ordinance "). While the regulation of wireless
telecommunication facilities ( "WTFs ") is never an easy undertaking, Crown commends the City for
conducting public workshops in order to consider input from both the public and wireless industry.
The current Draft Ordinance is vastly improved from its first iterations. Unfortunately, whether
fatigue set in or the technical nuances were not fully grasped, the Draft Ordinance missed a golden
opportunity to encourage the deployment of newer, small cell technology, such as DAS, that
facilitates improved wireless coverage and capacity solutions without creating the same level of
impacts to the community as traditional "macro" wireless cell sites.
Granted, the current Draft Ordinance has addressed some of the needless and costly
submittal requirements that provided little if any benefit to the City. One such example was the
elimination of the requirement that RF compliance reports be submitted on each and every WTF.
Crown respectfully supports the City's decision to require such reports only on a case by case basis
at the discretion of the Director. While improvements have been made to the Ordinance, one cannot
help and wonder why the City did not take the necessary steps to embrace newer technologies that
are supported not only by industry but by City's constituents.
At the last hearing on November 21, 2013, City officials choose not to include language on
small cell technology in the Ordinance. This happened despite the fact that informed City residents,
such as Dan Wamploe of the Newport Coast Advisory Board, voiced support for small cell
technology as a way of reducing aesthetic impacts to the community. Crown thanks the Planning
Commission for its efforts, however, more work is needed to craft an Ordinance that is more
balanced and illuminates the path forward for wireless telecom providers.
If you have any questions or need additional information regarding these comments, please
do not hesitate to contact me. Thank you.
Sincerely,
Z .
Paul R. O'Boyle