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HomeMy WebLinkAbout1947 - NEW WIRELESS TELECOM FACILITY - 2350 Bristol StRESOLUTION NO. 1947 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2014 -016 FOR A TELECOMMUNICATIONS FACILITY LOCATED AT 2350 BRISTOL STREET (PA2013 -182) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Trillium Consulting on behalf of AT &T Mobility, with respect to property located at 2350 Bristol Street, and legally described as Lots 4, 5, 23, and 24 of Tract No. 1499, requesting approval of a conditional use permit pursuant to Chapter 20.49 of the Newport Beach Municipal Code. The applicant proposes to construct 12 panel antennas behind architectural screening on the rooftop of an existing three -story office building. The proposed support equipment will be screened and housed within an existing utility room on the third floor. The subject property is located within the Professional and Administrative Office District (PA) of the Santa Ana Heights Specific Plan (SP -7) Zoning District and the General Plan Land Use Element category is General Commercial Office (CO -G). The maximum height of buildings in the PA District is 35 feet. The existing building is 40 feet 4 inches high and is legal non - conforming. The requested two -foot height increase would exceed the permitted height limit by 7 feet 4 inches, requiring a conditional use permit. The subject property is not located within the coastal zone A public hearing was held on June 5, 2014, in the Council Chambers at 100 Civic Center Drive, Newport Beach. 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 Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project has been determined to be 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) under Class 3 (New Construction or Conversion of Small Structures). Class 3 allows construction of new, small facilities or structures and installation of small new equipment and facilities in small structures. Examples of this exemption include up to four commercial' buildings totaling 10,000 square feet and accessory structures. Planning Commission Resolution No. 1947 Page 2 of 11 3. The proposed project involves the installation of 12 panel antennas behind a parapet screen wall on the rooftop of an existing three -story office building and the proposed support equipment within an existing utility room on the third floor. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits), Section 20.49.060.H.1 (Required Findings for Telecom Facilities), and Section 20.49.060.H.2 (Findings to Increase Height) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Conditional Use Permit Findings Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: A -1. The subject property is designated as General Commercial Office (CO -G) within the Land Use Element of the General Plan, which is intended to provide for administrative, professional, and medical offices with limited accessory, retail, and service uses. Other uses may be permitted in accordance with the CO -G land use designation. A -2. The subject property is located in the Professional and Administrative Office District (PA) of the Santa Ana Heights Specific Plan (SP -7), which is intended to provide for the development and maintenance of moderate intensity professional and administrative office uses and related uses on sites with large landscaped open spaces and off - street parking facilities. This district is intended to be located on heavily traveled streets or adjacent to commercial or industrial districts, and may be used to buffer residential areas. A -3. The proposed telecom facility is an auxiliary use, serving consumers and business customers, consistent with the CO -G land use designation and the PA Office Zoning District. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: B -1. Per Chapter 20.49 (Wireless Telecommunication Facilities) of the Municipal Code, telecom facility uses are permitted in commercial zones. The subject property is located in the PA Office District of the Santa Ana Heights Specific Plan, which is intended to serve commercial uses. Planning Commission Resolution No. 1947 Page 3 of 11 B -2. The design of the facility minimizes visual impacts due to the placement of antennas behind screen walls that mimic the existing architectural elements of the building and are architecturally integrated into the structure. B -3. The support equipment for the telecom facility will be placed within an existing room inside the building and screened from view. B -4. The proposed project has been reviewed and will comply with all applicable provisions of the Zoning Code, Municipal Code, and Santa Ana Heights Specific Plan. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: C -1. The installation of the proposed Class 1 (Stealth /Screened) telecom facility is identified as a preferred location and consistent with the design standards specified in Section 20.49.050 of the Municipal Code. C -2. Although the subject site is next to residentially zoned properties, the telecom facility itself would be located approximately 185 feet from the nearest residential property and screened from view within a vertical column element integrated within the overall building design. C -3. The proposed panel antennas would be concealed behind screen walls that will be designed to be integrated seamlessly into the building roofline and the proposed support equipment will be housed inside the building within an existing room on the third floor to provide the least visually intrusive means of providing service. C -4. The proposed telecom facility will be unmanned, have no impact on the circulation system, and will not generate noise, odor, smoke, or any other adverse impacts to adjacent land uses. C -5. The proposed facility will allow commuters and residents within the coverage area wireless access to voice and data transmission services not currently available. The installation of the telecom facility will not result in any material changes to the character of the local community. Findinq: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Planning Commission Resolution No. 1947 Paae 4 of 11 Facts in Support of Finding: D -1. The project site has demonstrated that it is physically suitable to support the existing development. The addition of rooftop antennas and support equipment within an existing building will not alter the site's ability to provide public and emergency vehicle access or public services and utilities. D -2. The Public Works Department, Building Division, Police Department, and Fire Department have reviewed the project proposal and did not have any concerns regarding access, public services, or utilities provided to the existing development. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: E -1. The proposed facility will only require periodic maintenance and will not generate any type of adverse impacts to the environment, such as noise, odor, smoke, etc. E -2. The proposed facility 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. E -3. The proposed facility is not located in an area adjacent to a coastal view road or public coastal view point. E -4. As conditioned, the proposed telecommunication facility 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. Telecom Facilities Findings Finding: F. The proposed telecom facility is visually compatible with the surrounding neighborhood. Facts in Support of Finding: F -1. The proposed panel antennas will be stealth and concealed behind screening that will match the existing architectural style, color and materials of the building fagade on which it is mounted and the support equipment will be screened and housed inside the building in an existing room on the third floor. Planning Commission Resolution No. 1947 Paae 5 of 11 F -2. The design of the antenna screening elements are intended to appear as architectural tower elements that are integrated seamlessly into the building roofline and architecturally integrated into the building's overall design. Finding: G, The proposed telecom facility complies with height, location and design standards, as provided in Chapter 20.49. Facts in Support of Finding: G -1. The site's maximum structure height is 35 feet and the existing building is 40 feet 4 inches. The requested two -foot height increase would exceed the permitted height limit by 7 feet 4 inches. G -2. Section 20.49.050.C.2 of the Municipal Code allows telecom facilities to extend up to 15 feet above the preceding maximum building height limitations with the approval of a conditional use permit. G -3. As proposed, the telecom facility is a Class 1 installation as defined in the Zoning Code. The telecom facility is fully screened and the support equipment is located inside the existing building. The screening will be painted and textured to match the existing architectural style, color, and materials of the building fagade on which it is mounted. Finding: H. An alternative site(s) located further from a residential district, public park or public facility cannot feasibly fulfill the coverage needs fulfilled by the installation at the proposed site. Facts in Support of Findin H -1. The applicant has documented that there is a need to provide and improve coverage within the Santa Ana Heights area of the City and along Highway 73 /Bristol Street (Attachment No. PC 3). H -2. Other nearby locations that meet AT &T's coverage objectives were considered; however, due to lack of interest from property owners, the sites were rejected as viable locations. H -3. The area is difficult to service because of the limited opportunities in the area to construct telecom facilities. A significant amount of the targeted area for the applicant's search is residentially zoned where the Zoning Ordinance precludes telecommunication facilities. Alternative sites located further away from a residential district would limit the coverage objectives and therefore not fulfill the coverage needs fulfilled by the installation at the proposed site. Planning Commission Resolution No. 1947 Page 6 of 11 Finding: An alternative plan that would result in a higher preference facility class category for the proposed facility is not available or reasonably feasible and desirable under the circumstances. Facts in support of Finding: 1 -1. Section 20,49.040 of the Municipal Code, lists four preferred telecom locations from the most preferred to the least. Co- location of a facility is the first preference for facilities; however, no co- location opportunities exist within 1,000 feet of the search area. 1 -2. As proposed, the telecom facility is considered a Class 1 (Stealth /Screened) installation, which is the second preferred location. The antennas will be stealth and concealed behind screening that will match the existing architectural style, color, and materials of the building fagade on which it is mounted and the support equipment will be housed inside the existing building. Increased Height Findings Finding: J. The increased height will not result in undesirable or abrupt scale changes or relationships being created between the proposed telecom facility and existing adjacent developments or public spaces. Facts in Support of Finding: J -1. The existing three -story building is 40 feet 4 inches high and is legal non - conforming. The proposed two -foot height extension is less than a two percent increase and will not change the buildings existing size or mass, but rather appear as two architectural tower elements that compliment the buildings existing architectural style. J -2. The proposed facility is designed to be architecturally integrated with the existing building and will not result in an undesirable or abrupt scale change or relationships being created between the proposed telecom facility and existing adjacent developments or public spaces. Finding: K. Establishment of the telecom facility at the requested height is necessary to provide service. Planning Commission Resolution No. 1947 Paqe 7 of 11 Facts in Support of Finding: K -1. The telecom facility approved under this permit utilizes the most efficient and diminutive available technology in order to minimize the number of facilities and reduce the visual impact. K -2. The requested increase in height is necessary to completely screen the proposed rooftop antennas. Per AT &T's radio frequency RF engineers, antennas installed lower in height would result in signals being blocked and would therefore not meet their coverage objectives. SECTION 4, DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2014 -016, 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 is filed with the City Clerk in accordance with the provisions of Title 20 (Planning and Zoning), of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 51" DAY OF JUNE, 2014. AYES: AMERI, HILLGREN, KRAMER, MYERS, AND TUCKER NOES: NONE ABSTAIN: NONE ABSENT: BROWN AND LAWLER W-M-5 ./ - ffis Planning Commission Resolution No. 1947 Facie 8 of 11 EXHIBIT "A" CONDITIONS OF APPROVAL The development shall be in substantial conformance with the approved plot plan, antenna and equipment plans, elevations, and photographic simulations, except as noted in the following conditions. 2. 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). 3. 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. 4. 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. 5. 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. 6. Anything not specifically approved by this permit is not permitted and must be addressed in a separate and subsequent telecom permit review. No portion of the global positioning system (GPS) antennas, associated equipment, or mounting structures shall protrude beyond the screen walls. 8. In case of damage done to public improvements surrounding the site by the private construction, additional reconstruction within the public right -of -way may be required at the discretion of the Public Works Department. 9. The storage of all project - related equipment during construction shall be on -site and outside the public right -of -way. 10. An approved encroachment permit is required for all work activities within the public right - of -way. Planning Commission Resolution No. 1947 Paqe 9 of 11 11. All work in the public right -of -way shall conform to the requirements of the Municipal Code, including but not limited to, Chapter 13, as the same may be amended from time to time. 12. The proposed AT &T meter pedestal shall be located on -site. 13. Battery electrolyte capacity and the number of proposed batteries for each cabinet must be disclosed. Storage of batteries must comply with California Fire Code Section 608, Stationary Storage Battery Systems. 14. Manufacturers' specifications for any generators will be required with plan review. Generator shall be installed as per manufacturers' specifications, NFPA 110, and the National Electrical Code. 15. Emergency access to the equipment area shall be required. 16. The design of the panel antennas and associated equipment shall be designed to conform to CBC and ASCE 7 -10 for wind and seismic connections. 17. A fire extinguisher with a minimum size of 2A20 BC shall be required within 50 feet of the equipment enclosure area. 18. A Fire Plan Review shall be required prior to permit issuance. 19. 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. 20. 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. 21. 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. 22. The applicant recognizes that the frequencies used by the cellular facility located at 2350 Bristol Street 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). 23. The applicant shall provide a "single point of contact" in its Engineering and Maintenance Departments that is monitored 24 hours per day to ensure continuity on all interference issues, and to which interference problems may be reported. The Planning Commission Resolution No. 1947 Page 10 of 11 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. 24. 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. 25. 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. 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 with 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. At all times, the operator shall ensure that its telecom facilities comply 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. 29. Prior to final of building permits, the applicant shall schedule an inspection with 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 20.49.050, to the satisfaction of the Planning Division. 30. 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 applicant, current property owner, or leasing agent. 31. 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. 32. Any operator who intends to abandon or discontinue use of a telecom facility must notify the Planning Division by certified mail no less than 30 days prior to such action. Planning Commission Resolution No. 1947 Page 11 of 11 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. 33. The City reserves the right and jurisdiction to review and modify any telecom permit approved pursuant to Chapter 20.49 of the Newport Beach Municipal Code, 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, 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. 34. 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 20.49 of the NBMC, or this Telecom Permit. 35. This approval shall expire unless exercised within 24 months from the date of approval. 36. 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 AT &T Bristol Street Telecommunication Facility including, but not limited to UP2014 -016 (PA2013 -182). 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.