HomeMy WebLinkAboutZA2015-010 - MINOR USE PERMIT FOR COLOCATED CLASS 2 TELECOM - 4302 Ford Rd RESOLUTION NO. ZA2015-010
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2014-048 FOR A WIRELESS TELECOMMUNICATIONS
FACILITY LOCATED AT 4302 FORD ROAD (PA2014-208)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Jacobs Engineering on behalf of Verizon Wireless, with
respect to property located at 4302 Ford Road, and described as a portion of Lot 1 in the
City of Newport Beach, County of Orange, as shown on a map filed in Book 65, Page 4
of Parcel Maps in the Office of the County Recorder and Lot 2 of Tract 16760, requesting
approval of a minor use permit for a new wireless telecommunications facility(WTF).
2. The applicant proposes a new WTF on an existing building used as a switch center by
AT&T. The project involves the installation of twelve (12) panel antennas, twelve (12)
RRU's, eight (8) raycaps, and a microwave dish all wall-mounted on the building's
fagade below the roof of the existing building, five (5) outdoor equipment cabinets,
three (3) GPS antennas, and an emergency generator within a 375-square-foot
equipment enclosure.
3. The subject property is located within the PF (Public Facilities) Zoning District and the
General Plan Land Use Element category of the property is Public Facilities (PF).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on March 12, 2015, in the Corona del Mar Conference Room
(Bay E-1st Floor) 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
Zoning Administrator at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. 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).
2. 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(4) commercial buildings totaling 10,000 square feet and accessory structures.
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3. The proposed project involves the installation of 12 new panel antennas, 12 RRU's, 8
raycaps, and a microwave dish all wall mounted on the building's exterior fagade
below the roof of the existing building, 5 outdoor equipment cabinets, 3 GPS antennas,
and an emergency generator within a 375-square-foot equipment enclosure.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) and
Section 20.49.060.H.1 (Required Findings for Telecom Facilities) of the Newport Beach
Municipal Code, the following findings and facts in support of such findings are set forth:
Minor Use Permit
Finding:
A. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The subject property is designated Public Facilities (PF) within the Land Use Element
of the General Plan, which is intended to provide for public facilities, including public
schools, cultural institutions, government facilities, libraries, community centers, public
hospitals, and public utilities. Other uses may be permitted in accordance with the PF
land use designation.
2. The proposed WTF is accessory to the existing telephone switch building, which is a
utility consistent with the PF designation.
3. The site is not in a specific plan area.
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:
1. The site is zoned PF (Public Facilities) and Section 20.26.020 allows WTFs pursuant
to Chapter 20.49 of the Zoning Code. The proposed WTF is defined as a Class 2
facility by Section 20.49.030(G) based upon the fact that the antennas will be visible.
Section 20.49.060(D) requires a Minor Use Permit for new Class 2 facilities. Section
20.49.040 (Telecom Facility Preferences and Prohibited Locations) of the Zoning Code
identifies certain prohibited locations and the proposed facility is not a prohibited
location.
2. Section 20.49.040(A) prioritizes wireless telecommunication facilities as follows: 1)
collocation of a new facility at an existing facility; 2) Class 1 (Stealth/Screened); 3)
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Class 2 (Visible Antennas) and Class 3 (Public Right-of-Way); and Class 4
(Freestanding Structure). The proposal allows a new carrier at the site currently
occupied by several other carriers meeting the City's highest priority preference
despite having visible antennas that would be a lower priority. Visible antennas are
acceptable in this case given the proposed design and screening elements identified in
the plans, findings, and conditions of approval.
3. The facility is designed such that it will not visually dominate the surrounding area.
Proposed brackets, mounts, and associated equipment match other carriers existing
equipment presently on the exterior of the building. All antennas will be mounted on
the building exterior and not extend above the roof and will be painted to match the
color of the existing building. The vertical antennas partially mimic and complement
existing vertical elements of the exterior of the building. Any future increase in the
height of the proposed antennas above the roof of the building would defeat the
concealment elements of the proposed design and would be considered a substantial
change in the context of§ 6409 of the Spectrum Act (codified at 47 U.S.C. 1455).
4. Support equipment will be located in a 375 square foot area that will be located at the
northwest corner of the site and will be surrounded by a standard 8-foot high chain link
fence. Existing landscaping along Bonita Canyon Road and Ford Road provides some
screening from Bonita Canyon Sports Park and abutting public streets; however, the
equipment would be visible from these public vantage points. As a result, permanent
screening elements need to be added to the chain link fencing and additional
landscape maintenance and new landscaping needs to be added to the west of the
proposed enclosure to ensure proper screening consistent with Chapter 20.49 of the
Zoning Code.
5. With construction as shown on the plans and visual simulations with the
implementation of the conditions of approval, the proposed WTF will comply with
screening requirements of the Zoning Code.
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:
1. The principal use of the property is a telephone company switch facility owned and
operated by AT&T. Other wireless telecommunication carriers have installed facilities
at the site and the proposed facility is compatible with existing equipment.
2. Bonita Canyon Sports Park is located to the east and west of the site. Bonita Canyon
Drive abuts the site to the north and Ford Road abuts the site to the south. The
existing building and proposed WTF is effectively screened by mature landscaping.
3. See statements B-3 and B-4 in support of this finding.
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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.
5. The proposed facility will enhance coverage and capacity for commuters and residents
of the area by providing wireless access to voice and data transmission services. The
proposed facility will not result in any material changes to the character of the local
community.
Finding:
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.
Facts in Support of Finding:
1. The project site is approximately 2.8 acres and developed with a telephone company
switch building used by AT&T. Several other telecommunications carriers have
developed wireless telecommunications facilities at the site. The site is well screened
by existing landscaping along Bonita Canyon Road and Ford Road.
2. 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.
3. The Public Works Department, Building Division, Police Department, and Fire
Department have reviewed the project proposal and do 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:
1. See statements B-1, B-2, B-3, and B-4 in support of this finding.
2. 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.
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3. 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.
4. The proposed facility is not located in an area adjacent to a coastal view road or public
coastal view point.
5. The proposed wireless telecommunications facility will be effectively screened based
upon the design and location with the incorporation of the conditions of approval. As a
result, the proposed telecommunication facility at 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
Finding:
F. The proposed telecom facility is visually compatible with the surrounding
neighborhood.
Facts in Support of Finding:
1. The proposed facility is screened as required by Chapter 20.49 of the Zoning Code.
See statements -2, B-3, and B4 in support of this finding.
2. Conditions of approval require additional screening elements for the proposed
equipment enclosure.
Findin :
G. The proposed telecom facility complies with height, location and design standards, as
provided in Chapter 20.49.
Facts in Support of Finding:
1. The antennas will be no higher than the height of the existing building.
2. See statements B-1, B-2, B-3, and B-4 in support of this finding.
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.
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Facts in Support of Finding:
1. The proposal adds a new carrier to an existing facility that accommodates several
other carriers meeting the City's highest priority preference pursuant to Section
20.19.040(A) despite having visible antennas that are a lower priority. Visible antennas
are acceptable in this case given the proposed design and screening elements
identified in the plans, findings, and conditions of approval.
2. Alternative sites located further away from Bonita Canyon Sports Park or nearby
residential uses would limit the coverage objectives and not fulfill the need
demonstrated by Verizon to enhance coverage and capacity. The applicant has
provided maps that demonstrate improved coverage within the immediate vicinity.
3. Selecting an alternative site nearby would result in an additional telecom facility within
a nearby public right-of-way (a Class 3 facility) or a new free standing structure (a
Class 4 facility) both being lower priority locations than the proposed project pursuant
to Section 20.49.040(A) to provide service to Verizon customers' increasing demands.
Finding:
1. 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. The proposal allows a new carrier at the site currently occupied by several other
carriers meeting the City's highest priority preference despite having visible antennas
that are a lower priority. Visible antennas are acceptable in this case given the
proposed design and screening elements identified in the plans, findings, and
conditions of approval.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2014-048 (PA2014-208), 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 fourteen (14) days following the date this
Resolution was adopted unless within such time an appeal is filed with the Community
Development Director in accordance with the provisions of Title 20 (Planning and
Zoning), of the Newport Beach Municipal Code.
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PASSED, APPROVED, AND ADOPTED THIS 12" DAY OF MARCH, 2015.
BY:
h
re d Wisneski, AI P, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
1. 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. The operator of the telecom facility shall maintain the facility in a manner consistent with
the original approval of the facility and all conditions of approval. Anything not
specifically approved by this permit is not permitted and must be addressed in a
separate and subsequent review.
7. Proposed brackets, mounts, and associated equipment affixed to the exterior of the
building shall match, to the extent possible, other carriers' existing equipment screens.
All antennas mounted on the building exterior shall not extend above the roof and shall
be painted to match the color of the existing building. If the building is painted in the
future, the antennas shall be painted to match the new color. Any future increase in the
height of the proposed antennas above the roof of the building would defeat the
concealment elements of the proposed design and would be considered a substantial
change in the context of§ 6409 of the Spectrum Act (codified at 47 U.S.C. 1455).
8. deleted
9. Prior to the issuance of a building permit, the applicant shall submit a landscape and
irrigation plan prepared by a licensed landscape architect. The plans shall be limited to
an area within approximately 15 feet westerly of the proposed equipment enclosure
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where additional screening plants in the form of shrubs, hedge or small trees can be
planted to provide added screening of the facility. The existing large tree directly west of
the proposed equipment enclosure shall be properly pruned, or if necessary, removed
and replaced with a fast growing tree that will provide similar screening in the future.
These plans shall incorporate drought tolerant plantings and water efficient irrigation
practices, and the plans shall be approved by the Planning Division prior to installation.
All planting areas shall be provided with a permanent underground automatic sprinkler
irrigation system of a design suitable for the type and arrangement of the plant materials
selected. All plantings and maintenance required shall be completed prior to final
inspection by the Building Inspector.
10. All landscape materials and landscaped areas shall be installed and 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.
11. If any of the existing public improvements surrounding the site are damaged by the
private work, new concrete sidewalk, curb and gutter, alley/street pavement, and other
public improvements will be required by the City at the time of private construction
completion. Said determination and the extent of the repair work shall be made at the
discretion of the Public Works Inspector.
12. The storage of all project-related equipment during construction shall be on-site and
outside the public right-of-way.
13. All work (if any) in the public rights-of-way shall follow City's Municipal Code Chapter
13.20.
14. 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. 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.
15. 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.
16. The applicant recognizes that the frequencies used by the facility 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).
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17. 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 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. Prior to final of building permits, the applicant shall schedule an inspection with the
Planning Division to ensure that landscaping and screening elements are installed and
that 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.
23. 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.
24. 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.
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25. 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.
26. 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 permit prior to implementing any change.
27. This Minor Use Permit may be modified or revoked by the City 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 permit.
28. This approval shall expire unless exercised within twenty-four (24) months from the date
of approval.
29. 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 Verizon Wireless
Telecommunications Facility including, but not limited to UP2014-048 (PA2014-208).
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.
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