HomeMy WebLinkAbout2010-89 - Telecom 202 Santa Ana AvenueRESOLUTION NO. 2010 -89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING APPLICATION NO. TP2009-
009 FOR A WIRELESS TELECOM PERMIT LOCATED WITHIN
THE PUBLIC RIGHT -OF -WAY (PROW) AT 202 (CS) SANTA ANA
AVENUE (PA2009 -124)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH TOOK THE FOLLOWING
ACTION ON JULY 6, 2010, AND HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by NextG Networks of California, Inc. (NextG), with respect to
property located at 202 (CS) Santa Ana Avenue, legally described as the Public Right -
of -Way at the SE corner of Santa Ana Avenue and Old Newport Blvd. (202 (CS) Santa
Ana Avenue) requesting approval of a Wireless Telecom Permit as part of a Distributed
Antenna System within the PROW.
2. The applicant proposed to attach an omni - directional antenna attached near the top of a
SCE Utility pole at 35 feet. As part of this application, NextG proposed to replace an
existing 31- foot -7- inch -tall SCE utility pole with a new wooden utility pole that would be
43 feet high above existing grade.
3. The subject property is located within the PROW and is not located within a Zoning
District or General Plan Land Use Element designation.
4. A Special Review by City Council was held on July 6, 2010, in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place
and purpose of the meeting was given in accordance with the Newport Beach
Municipal Code. Evidence, both written and oral, was presented to, and considered by,
the City Council at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
Categorical Exception 15301
This project has been determined to be categorically exempt under the requirements of the
California Environmental Quality Act under Class 1 (Existing Facilities). Class 1 allows minor
alteration of existing public or private structures where negligible or no expansion of an
existing use is involved. The proposed project would be a minor alteration to an existing SCE
utility pole.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 15.70.070.F.3 of the Newport Beach Municipal Code, the
following findings and facts in support of such findings are set forth:
Finding:
A. The approval is necessary to allow the facility to function as intended and identified
alternatives to the proposal are not feasible.
Facts in Support of Finding:
A -1. NextG selects locations based per direction from their customers (in this case,
MetroPCS). The DAS nodes are interspersed with existing traditional wireless macro
cell sites to provide a system that meets the coverage objectives of the customer.
Approving the installation of a DAS node in this location would allow the facility to
function as intended. Staff explored an alternative of requiring the facility to be co-
located on an existing wireless facility site at either 3333 West coast Highway or 3121
West Coast Highway. The proposal was rejected because co- location would not be
feasible due to technological incompatibilities with the other existing wireless telecom
facilities at these locations.
B. The approved facility will not result in conditions which are materially detrimental to
nearby property owners, residents, and businesses, nor to public health or safety.
Facts in Support of Finding:
B -1. The installation of a DAS node in this location, as conditioned, is consistent with the
height, location, and design standards specified in Sections 15.70.050 and 15.70.060
of the NBMC. Existing utility poles are a priority location for the installation of telecom
facilities. Section 15.70.050 provides that antennas may be installed on utility poles
within the PROW at a maximum height of 35 feet. As a condition of this approval, the
existing height of the 31- foot -7- inch -tall SCE utility pole shall be retained, and the
proposed antenna shall be attached to the top of the existing SCE utility pole or a
replacement pole at a height not to exceed 35 feet; consistent with Section 15.70.050.
The proposed antenna and equipment box are minimal in size and will blend in with
the existing SCE utility pole.
B -2. Section 13.20.030 provides City policies which promote undergrounding of facilities
whenever and wherever feasible. Consistent with this section, the fuse box and
electrical disconnect switch shall be placed in a 17 inch by 30 inch vault below grade
adjacent to the existing utility pole in order to reduce visual impacts associated with
the facility. Installation of the facility in the PROW would require the approval of an
encroachment permit from the Public Works Department and would require
compliance with the provisions of Chapter 13.20 of the NBMC.
B -3. As conditioned, the proposed facility will not have an effect on public streetscapes, or
scenic ocean and coastal views because the facility is proposed to be installed on an
existing SCE utility pole located in the PROW. The proposed facility will comply with
the applicable rules and regulations of the FCC. The approved DAS node in this
location will not result in conditions that are materially detrimental to nearby property
owners, residents, and businesses, nor to public health or safety.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The City Council of the City of Newport Beach hereby approves Application No. TP2009 -008,
subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by
reference.
ADOPTED THIS 27th DAY OF JULY, 2010.
ATTEST:
kqKLI
CITY CLERK
MAYOR
EXHIBIT "A"
CONDITIONS OF APPROVAL
Telecom Permit No. 2009 -008
Public Right -of -Way at the SE corner of Santa Ana Avenue
and Old Newport Blvd (202 Santa (CS) Ana Avenue)
(Project specific conditions are noted in italics)
1. The development shall be in substantial conformance with the approved plot plan,
antenna and equipment plans, and elevations, except as noted in the following
conditions.
2. Anything not specifically approved by this Telecom Permit is not permitted and must
be addressed in a separate and subsequent Telecom Permit review.
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. Approval of the California Coastal Commission is required prior to issuance of an
encroachment permit for construction of the facility.
5. Any future facilities proposed by other carriers to be located within 1,000 feet from the
subject property shall be approved to co- locate at the same site by the property owner
or authorized agent, unless otherwise approved by the Planning Director.
6. The location in which this facility proposed is not currently in an approved
Underground Assessment District. In the future, if or when an Underground
Assessment District is approved in this location, the applicant shall be required to
relocate the facility underground, pursuant to Section 13.20.030 of the Newport Beach
Municipal Code (NBMC).
7. The telecom facility shall comply with all regulations and requirements of Chapter
13.20 of the NBMC. All work in the public right -of -way (PROW) shall require an
approved Encroachment Permit. All required permits shall be obtained prior to
commencement of the construction.
8. The applicant shall locate the fuse box and electrical disconnect switch in a 17 inch by
30 inch connection handhole vault below grade adjacent to the existing SCE utility
pole. Modified plans shall be prepared and submitted to the Planning Department and
Public Works Department for review and approval, depicting the location of the fuse
box and electrical disconnect switch in the below grade vault.
9. Prior to the issuance of any encroachment permit, architectural drawings and
structural design plans shall be submitted to the City of Newport Beach for review and
approval by the applicable departments. The construction plans shall satisfy NBMC
Section 13.20 permit application for review and processing. A copy of this approval
letter shall be incorporated into the drawings approved for the issuance of permits to
construct the facility.
10. All work in the PROW will be subject to inspection by the Public Works Department
prior to final of the construction permit(s).
11. The applicant shall assume 100 percent of all costs associated with any alterations to
the existing improvements along Santa Ana Avenue for development of the telecom
facility.
12. The applicant shall be responsible for the repair and /or replacement of any curb and
gutters, concrete sidewalk, alley /street pavement that may be damaged through the
course of construction, as directed by the Public Works Department.
13. Appropriate information RF warning signs or plates shall be posted at the access
locations and each transmitting antenna. The location of the information warning signs
or plates shall be depicted on the plans submitted for construction permits.
14. No advertising signage or identifying logos shall be displayed on the telecom facility
except for small identification, address, RF 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.
15. Prior to the issuance of any permits to install the facility, the 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 800
MHz Countywide Coordinated Communications System (CCCS). Similar consideration
shall be review to any other existing or proposed wireless communications facility that
may be located on the subject property. The applicant shall provide the Planning
The applicant recognizes that the frequencies used by the cellular facility located at
202 (CS) Santa Ana Avenue 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 Federal
Communications Commission (FCC).
16. 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.
17. Prior to activation of its facility, the applicant shall submit to a post - installation test to
confirm that "advanced planning and frequency coordination" of the facility was
successful in that operation of the facility does not interfere with the City's Public
Safety radio equipment. This test will be conducted by the Communications Division of
the Orange County Sheriff - Coroner Department or a Division - approved contractor at
the expense of the applicant. 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.
18. Prior to activation of the facility, the applicant shall submit a letter to the Planning
Director prepared by the Orange County Sheriff - Coroner Department indicating that
the OCSD has reviewed the results of the post - installation test and that the facility will
not cause interference with the City's Public Safety radio equipment.
19. Within 30 days after installation of the telecom facility, a radio frequency (RF)
compliance and radiation report prepared by a qualified RF engineer acceptable to the
City shall be submitted in order to demonstrate that the facility is operating at the
approved frequency and complies with FCC standards for radiation. If the report
shows that the facility does not so comply, the use of the facility shall be suspended
until the facility is modified to comply and a new report has been submitted confirming
such compliance.
20. Prior to issuance of an encroachment permit, a deposit of $1,000 shall be paid to the
City of Newport Beach. This deposit is required by the Planning Department to ensure
preparation and submittal of the RF Compliance and Radiation Report, referenced in
the above Condition. The deposit will be used to defray any and all fees associated
with review of the report by an independent technical consultant, pursuant to Section
15.70.070 B -10 of the Telecom Ordinance. Any unused deposit fees will be refunded
to the applicant upon determination of compliance with the approved frequency and
FCC standards.
21. The applicant shall provide a "single point of contact" in its Engineering and
Maintenance Departments that is monitored 24 hours per day to insure 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 Planning Department and Newport Beach Police Department's Support
Services Commander prior to activation of the facility.
22. Should interference with the City's Public Safety radio equipment occur, use of the
facility shall be suspended until the radio frequency is corrected and verification of the
compliance is reported.
23. The applicant shall insure 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.
24. 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.
25. 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.
26. 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.
27. The operator of the telecom facility shall maintain the facility in a manner consistent
with the original approval of the facility.
28. The City reserves the right and jurisdiction to review and modify any telecom permit
approved pursuant to Chapter 15.70 of the Newport Beach Municipal Code, including
the conditions of approval, based on changed circumstances. The operator shall notify
the Planning Department 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.
29. This telecom permit may be modified or revoked by the City Council should they
determine that the facility or operator has violated any law regulating the telecom
facility or has failed to comply with the requirements of Chapter 15.70 of the NBMC, or
this telecom permit.
30. Any operator who intends to abandon or discontinue use of a telecom facility must
notify the Planning Director by certified mail no less than 30 days prior to such action.
The operator or property owner shall have 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.
31. This approval shall expire unless exercised within 24 months from the date of
approval.
i
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
j CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the City Council is seven; that the foregoing resolution,
being Resolution No. 2010 -89 was duly and regularly introduced before and adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 27th day of
July, 2010, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Selich, Rosansky, Henn, Webb, Gardner, Mayor Curry
Noes: None
Absent: None
Abstain: Daigle
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 28th day of July, 2010.
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City Clerk
Newport Beach, California
(Seal)