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HomeMy WebLinkAbout4.0 - Verizon Wireless Facility - PA2014-125 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT July 23, 2015 Meeting Agenda Item No. 4 SUBJECT: Verizon Wireless Facility - (PA2014-125) 1501 Superior Avenue • Conditional Use Permit No. UP2014-033 APPLICANT: Rachael Davidson, Jacobs Engineering, on behalf of Verizon Wireless PLANNER: James Campbell, Principal Planner (949) 644-3210, jcampbell@newportbeachca.gov PROJECT SUMMARY Verizon Wireless requests a Conditional Use Permit for a new Wireless Telecommunications Facility on the roof of a 45-foot tall office building. The facility would be screened by a new parapet screen wall that would exceed the maximum height limit of 50 feet by 5 feet. Staff recommends lowering the height of the proposed screen wall to promote a more balanced architectural design. RECOMMENDATION 1 ) Conduct a public hearing; and 2) Adopt Resolution No. _ approving Conditional Use Permit No. UP2014-033 (Attachment PC-1). INTRODUCTION Project Setting The subject property is located at the northwest comer of Superior Avenue and 151h Street in the West Newport-Mesa area. The property also has frontage on Placentia Avenue. The 1.52 acre property is developed with a 45-foot tall, three-story medical office building, a parking structure and surface parking lots. The modern building's exterior is composed of glass and stucco. The building has 8-foot setbacks from Placentia Avenue and 15th Street. The surrounding uses are commercial to the north, residential and commercial to the east, residential and commercial to the south, and residential to the west. 1 V� QP �P Verizon Wireless (PA2014-125) July 23, 2015, Page 2 VICINITY MAP Isa tas ' J. I � Jt ]ll Il 21, 1� 3 MB I �I"�. BI"BJ AI-41 Q Q S BVI Di EIN U a 1516 Js i� n u. ll lDt F9 ze 6 � 4® p 1 y �•'z � ��2. ,' 9N9 tD t P 15TH ST W HJR\ 1��F• a F 's s z GENERAL PLAN ZONING RM IB R RM 18 DV IA qMl VIAL / A: 5 %j/// xV0 FAR D :A FAR FAR R ipgS o eeFI.-YYYA '° TT p• V AC gAlt � v 4 LNOJ M.AOJ GH OJ FAR FM 3 Verizon Wireless (PA2014-125) July 23, 2015, Page 3 LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE Medical Commercial Office(CO-M) Office Medical (OM) Medical Offices NORTH Multiple-Unit Residential (RM)& Multiple-Unit Residential (RM)& Retail (King Liquor)& Medical Commercial Office Office Medical Medical/General Offices SOUTH Multiple-Unit Residential & Multiple-Unit Residential Residential Condominiums & General Commercial (GC) General Commercial Retail (7 Eleven) EAST Multiple-Unit Residential & Multiple-Unit Residential & Residential condominiums & Medical Commercial Office Office Medical Medical offices WEST Multiple-Unit Residential Multiple-Unit Residential Apartments, condominiums & mobile home park Project Description The proposed wireless telecommunication facility (Facility) would include a total of twelve 8-foot long panel antennas deployed in three sectors, a microwave dish, twelve remote radio units, and support equipment within 5 equipment cabinets and a stand-by generator. The antennas and related support equipment would be located on the roof of the building and would be fully screened from public view by a new screen wall that would extend above the roof by 12 feet. The screen wall would be setback 14 to 15 feet from the edge of the roof and it would extend above the top of the existing parapet by 10 feet. The area the wall would encircle is approximately 40 percent of the roof area. The wall is designed to match the existing architecture and would include radio frequency transparent materials where necessary. When completed, the new screen wall would resemble a typical rooftop mechanical equipment screen atop many office buildings. The facility is shown on the attached plans (Attachment PC-2) and photographic simulations (Attachment PC-3). DISCUSSION Analysis General Plan The subject property is designated as Medical Commercial Office (CO-M) by the Land Use Element of the General Plan, which is intended to provide primarily for medical- related offices, other professional offices, retail, short-term convalescent and long-term care facilities, research labs, and similar uses. Although not specifically listed, wireless telecommunication facilities serve the broader community and staff sees no conflict with the CO-M land use designation. Zoning Pursuant to Newport Beach Municipal Code Section 20.20.020 and Table 2-4, the subject property is within the OM (Medical Office) zoning district which allows Facilities subject to Chapter 20.49 of the Zoning Code. Depending upon the design, Facilities can 4 Verizon Wireless (PA2014-125) July 23, 2015, Page 4 be administratively approved, require minor use permits, or conditional use permits. Given the height of the proposed facility, a conditional use permit is required. Structures in the OM zone are allowed to be up to 32 feet by right and up to 50 feet with discretionary approval. The existing building was authorized to exceed the 32-foot height limit in 1984 by Use Permit No. 3102. Section 20.49.050 (C)(1) allows the city to consider Facilities to exceed the upper height limit by up to 15 feet subject to a conditional use permit. The following eleven findings are required for a conditional use permit for a Facility to exceed the upper height limit: Standard Required Findings for a Conditional Use Permit (NEMC § 20.52.020(F)): 1. The use is consistent with the General Plan and any applicable specific plan; 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 4. 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; 5. 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; Findings for Wireless Telecommunication Facilities (NBMC § 20.49.060(H)(1)): 6. The proposed telecom facility is visually compatible with the surrounding neighborhood; 7. The proposed telecom facility complies with height, location and design standards, as provided for in this chapter, 8. 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; 9. 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; Findings for Increased Height (NBMC§ 20.49.060(H)(2)): 10. 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; and 11. Establishment of the telecom facility at the requested height is necessary to provide service. Verizon Wireless (PA2014-125) July 23, 2015, Page 5 The Zoning Code places all wireless telecommunications facilities into the following five categories requiring the following permits. Facility Classes Process or Permit Class 1 Stealth/Screened Zoning Clearance by staff administrative Class 2 (Visible Antennas) Minor Use Permit by Zoning Administrator Class 3 (Public Right-of-Way Minor Use Permit by Zoning Administrator unless it is a Installations) new free standing structure Class 4 Class 4 (Freestanding Structure Conditional Use Permit by Planning Commission Class 5 Tempora Limited Term Permit by Director or Zoning Administrator Section 20.49.040(A) of the Zoning Code establishes the following preference hierarchy: 1. Collocation of a new facility at an existing facility. 2. Class 1. 3. Class 2 and Class 3. 4. Class 4. The site is not developed with an existing wireless telecommunication facility and no other nearby facility meets the applicant's coverage needs and objectives, and therefore, the application cannot meet the highest preference class. The proposal falls within the next highest priority and avoids less desirable classes. The applicant's engineers have demonstrated the need to provide a facility in proximity to the proposed location at the height proposed. The only other potential option would be a new 50-foot monopole (Class 4) that would be difficult to screen and would likely have a greater aesthetic impact than the Class 1 facility proposed. Section 20.49.050(A) requires the facilities employ designs that minimize visual impacts and provide appropriate screening to make it as visually inconspicuous as possible. To the greatest extent feasible, facilities shall be designed to minimize the visual impact of the facility by means of location, placement, height, screening, landscaping, and shall be compatible with existing architectural elements, building materials, other building characteristics, and the surrounding area. The applicant complies with this Section 20.49.050(A) by providing an architecturally compatible screen wall to fully screen all antennas and support equipment within one screen wall system resembling typical equipment/mechanical screens commonly seen atop many office buildings. Staff believes sufficient facts exist to the findings for approval; however, staff believes the proposed screen wall does not need to be 12 feet high. The antennas are 8 feet long and would be mounted 2 feet above the roof making the antennas only 10 feet above the roof, and therefore, the screen wall need only be 10 feet high. Additionally, the proposed 12-foot wall makes architecture a little top-heavy and a 10-foot screen wall would be more in proportion. The applicant disagrees but has not provided compelling 0 Verizon Wireless (PA2014-125) July 23, 2015, Page 6 reasons why the screen wall must be 2 feet taller than the antennas. Staff recommends lowering the screen wall to 10 feet. Given the design of the proposed facility, it would not create a conflict with the General Plan or Zoning Code provided that all of the findings can be made. The increased height of development on the property would not create an undesirable or abrupt scale change due to the 14 to 15-foot setback of the screen wall from the edge of the building, building setbacks from property lines and abutting streets. No public views exist through the site or in the general vicinity and the building is not within a public view shed. Residential uses are located nearby; however, the proposed facility is fully screened and is located far enough away from residences such that it would not block solar access. The un-manned facility would not create significant traffic, privacy issues, or unusual noise. The facility does require cooling of electronic components and air conditioning units will be installed on the roof behind the screen wall. Lastly, approval would provide opportunities for future colocation and enhanced coverage for another carrier. Staff believes the Commission can find that the proposed facility will not create unusual noise, traffic or other conditions or situations that may be objectionable, detrimental or incompatible with the surrounding land uses due to the location, size, design, and operating characteristics of the facility. 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. The proposed conditions of approval will further ensure that the Facility in this location will not result in conditions that are materially detrimental to the area. Alternatives 1. The Planning Commission can approve the applicant's proposal with a 12-foot tall screen wall. Staff believes all findings can be made for the applicant's proposal; however, staff recommends a 10-foot screen wall as it is a better architectural design for the building. 2. The Planning Commission can alter the proposed design to reduce the size or height of the proposed screen wall. 3. The Commission can alter the conditions of approval in order to address areas of concern. 4. The Planning Commission may deny the application if any of the required findings cannot be made. The Commission could find that the size and height of the proposed screen wall are not architecturally compatible and out of scale or otherwise create an undesirable scale relationship to the area. Should the Planning Commission determine that the required findings cannot be made, the attached Resolution for Denial (Attachment PC-4) is provided. Project denial Verizon Wireless (PA2014-125) July 23, 2015, Page 7 would require additional information or findings that the Planning Commission may deem necessary or warranted. Environmental Review Staff recommends the Planning Commission find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. Section 15301 (Class 1) allows the alteration of existing structures involving negligible or no expansion of use. The alterations to the existing office building do not expand the use. Section 15303 (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. In this case, the proposed project involves the installation of antennas and support equipment behind a new parapet screen wall on the roof top of an existing three-story office building and no expansion of the use. Public Notice Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of- way and waterways) including the applicant, and was posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: �w / _� r"'W James Campbell, Principal Planner Bren"Wisnesi, r ICP, Deputy Director ATTACHMENTS PC 1 Draft Resolution for Approval with Findings and Conditions PC 2 Project plans PC 3 Photographic Simulations PC 4 Draft Resolution for Denial �2 Attachment No. PC 1 Draft Resolution for Approval with Findings and Conditions 9 V� QP �P 20 RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2014-033 FOR A WIRELESS TELECOMMUNICATIONS FACILITY LOCATED AT 1501 SUPERIOR AVENUE (PA2014-125) THE PLANNING COMMISSION 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 1501 Superior Avenue, and legally described as Parcel 2 in the City of Newport Beach, County of Orange, as shown on a map filed in Book 124, Pages 24 and 25 of Parcel Maps, in the office of the County Recorder, requesting approval of a conditional use permit pursuant to Chapter 20.49 of the Newport Beach Municipal Code (NBMC). 2. The proposed wireless telecommunication facility (Facility) would include a total of twelve (12), 8-foot long panel antennas deployed in three (3) sectors, a microwave dish, twelve (12) remote radio units, and support equipment within five (5) equipment cabinets and a stand-by generator. The antennas and related support equipment would be located on the roof of the building and would be fully screened from public view by a new screen wall that would extend 10-feet above the roof. 3. The subject property is designated as Medical Commercial Office (CO-M) by the Land Use Element of the General Plan and the site is within the OM (Office Medical) Zoning District. 4. The subject property is not located within the coastal zone. 5. Pursuant to NBMC Section 20.30.060(C)(2)(d), the maximum height of buildings in the OM District is 50 feet with discretionary approval. The existing building is 45 feet tall and the requested facility includes a screening wall that would exceed the 50-foot height limit by 5 feet requiring the consideration of a conditional use permit pursuant to NBMC Section 20.49.050(C)(1). 6. A public hearing was held on July 23, 2015, 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. 1. The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 11 Planning Commission Resolution No. Ott Page 2 of 12 2. Section 15301 (Class 1) allows the alteration of existing structures involving negligible or no expansion of use. The alterations to the existing office building do not expand the office building or office use. Section 15303 (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. The proposed project involves the installation of antennas and support equipment behind a new parapet screen wall on the roof top of an existing three-story office building and no expansion of the office building or office use. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits), NBMC Section 20.49.060(H)(1) (Required Findings for Telecom Facilities), and NBMC Section 20.49.060(H)(2) (Findings to Increase Height), 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: 1. The subject property is designated as Medical Commercial Office (CO-M) by the Land Use Element of the General Plan, which is intended to provide primarily for medical- related offices, other professional offices, retail, short-term convalescent and long-term care facilities, research labs, and similar uses. Although not specifically listed, wireless telecommunication facilities serve the broader community and the installation of a Facility on property designated CO-M does not conflict with the purpose and intent of the land use designation. 2. The subject property is within the OM (Medical Office) Zoning District and Facilities are allowed uses pursuant to NBMC Section 20.20.020 and subject to NBMC Chapter 20.49. 3. The proposed Facility is an auxiliary use, serving consumers and business customers, consistent with the CO-M land use designation and the OM Zoning District. 4. The subject property is not located within 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. 12 Planning Commission Resolution No. Ott Page 3 of 12 Facts in Support of Finding: 1. NBMC Section 20.20.020 allows wireless telecommunication facilities within the OM zoning district subject to compliance with NBMC Chapter 20.49. Given the design and height of the proposed facility, a conditional use permit is required. 2. NBMC Section 20.49.010 requires the utilization of the least obtrusive technology to minimize visual impacts. The design of the facility minimizes visual impacts due to the placement of antennas and all support equipment behind screen walls that are consistent the existing architectural elements of the building and are architecturally compatible and integrated into the structure. 3. NBMC Section 20.49.050(F) requires Class 1 facilities to screen all components of a Facility. The support equipment for the telecom facility will be placed on the roof of the building behind a proposed screen wall and fully screened from public view. 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 installation of the proposed Class 1 (Stealth/Screened) telecom facility is identified as a preferred location and consistent with the design standards specified in NBMC Section 20.49.050. The design of the facility minimizes visual impacts due to the placement of antennas and all support equipment behind screen walls that are consistent the existing architectural elements of the building and are architecturally compatible and integrated into the structure. The entire facility will be fully screened from public view with no visible antennas, cables or equipment. 2. Although the subject site is near residential properties, the Facility itself would be located approximately 125 feet from the nearest residence and all antennas and support equipment will be screened from view by a proposed rooftop screen wall designed to architecturally compatible with the building. 3. 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. 4. The proposed facility will allow commuters and residents within the coverage area better wireless access to voice and data transmission services. The installation of the telecom facility will not result in any material changes to the character of the local community due to the design and location of the facility. 13 Planning Commission Resolution No. Ott Page 4 of 12 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. Existing development at the project site has demonstrated that it is physically suitable to support existing development. The existing 45-foot tall building is physically suitable for the installation of wireless telecommunications equipment on the roof due to its height. The addition of rooftop antennas and support equipment will not affect current uses and will not alter the site's ability to provide public and emergency vehicle access or public services and utilities. 2. Today, most people use their cell phone as a principal method of reaching emergency services and better coverage in the area will provide improved access to emergency services to the benefit of the general public. D-3. Based upon the proposed design and conditions of approval, the Public Works Department, Building Division, Police Department, and Fire Department find no deficiency regarding access, public services, or utilities provided to the project site and proposed project. 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. The proposed facility will only require periodic maintenance and will not generate any type of adverse impacts to the environment, such as noise, odor, or smoke. 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. 3. The proposed facility is not located in an area adjacent to a coastal view road or public view point. 4. As conditioned, the proposed telecommunication facility in this location will not result in conditions that are detrimental to nearby property owners, residents, and businesses, nor to public convenience, public health or safety. -4 Planning Commission Resolution No. eft Page 5 of 12 Telecom Facilities Findings Finding: F. The proposed telecom facility is visually compatible with the surrounding neighborhood. Facts in Support of Finding: 1. All antennas and support equipment will be concealed behind a proposed screen wall located on the roof of an existing building that will match the existing architectural style, color and materials of the building on which it is installed. No visible cables will be installed on the exterior of the building. 2. The design of the screen wall will appear as a typical rooftop equipment screen commonly found on the roof of many office buildings. The screen wall will be setback 14 to 15 feet from the edge of the roof and is not (3) three partial screens for each antenna sector, but rather a complete architectural rooftop screen that is consistent with the building's overall architectural design. As a result, the proposal will not draw attention to the facility making it visually inconspicuous. The project changes to the existing office building will resemble a typical office building rather than an office building that has been obviously altered to add a wireless telecommunication facility. Finding: 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 maximum height of buildings and structures within the OM zone district is 50 feet. The height of the existing building is 45 feet and the proposed screen wall will exceed the height limit by 3 feet as the overall height of the proposed screen wall from the ground will be 53 feet. NBMC Section 20.49.050(C)(2) allows wireless telecommunication facilities to extend up to 15 feet above the maximum height with the approval of a conditional use permit. 2. NBMC Chapter 20.49 allows wireless telecommunication facilities on all non- residential multi-family zoned property and within the public right-of-way. Collocation on an existing site is preferred over new facilities; however no suitable collocation opportunity exists. The site is not a prohibited location listed in NBMC Section 20.49.040(8). Facts in support of Findings H and I below are incorporated by reference. 3. As proposed, the telecom facility is a Class 1 installation as defined by the NBMC Section 20.49.030(G). The proposed Facility is fully screened and all support equipment is located on the roof of the existing building. The screen wall will be 15 Planning Commission Resolution No. Ott Page 6 of 12 constructed, painted, and textured to match the existing architectural style, color, and materials of the building to make it compatible. No visible cables will be installed on the exterior of the building. 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 Finding: 1. The applicant has documented the need to provide and improve coverage within the West Newport-Mesa area with RF coverage and signal strength maps. Poor coverage in the area presently exists and the proposed facility will improve coverage in the area. 2. Public parks or other public facilities are not located in the vicinity of the project site. Locating the facility farther from residential uses was examined; however, other locations in the area that could achieve the applicant's coverage needs are not available viable due to a lack of property owner consent. 3. The proposed location and design atop an existing office building avoids a potential Class 4 design, which is a lower priority design than the proposed project. Finding: I. 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. NBMC Section 20.49.040 lists four preferred Facility preference designs from the most preferred to the least. Collocation of a facility is the first preference for new facilities; however, no collocation opportunities exist within 1,000 feet of the search area. 2. The proposed Facility is defined as a Class 1 (Stealth/Screened) installation, which is the second highest design preference. 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. 3. The proposed location and design atop an existing office building avoids a potential Class 4 design, which is a lower priority facility class than the proposed project. 10 Planning Commission Resolution No. #### Page 7 of 12 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: 1. The property abuts three public streets (Placentia Avenue, 15th Street, and Superior Avenue) that provide open areas and separate the project from nearby development. The existing three-story office building is 45 feet high and the proposed screen wall will increase the overall height by 8 feet (53 feet total). The proposed screen wall will be setback 14 to 15 feet from the edge of the roof. 2. The building is setback 8 feet from Placentia Avenue and 15th Street and over 100 feet from Superior Avenue. The building is setback approximately 35 feet from the commercial property to the north and approximately 125 feet from the nearest residence across Placentia Avenue. 3. The proposed facility is designed to be architecturally integrated with the existing building and will help the increased height to be inconspicuous and not result in an undesirable or abrupt scale change or relationship being created between the proposed project and adjacent development and public spaces. Finding: K. Establishment of the telecom facility at the requested height is necessary to provide service. Facts in Support of Finding: 1. Verizon's radio frequency (RF) engineers have demonstrated to the City the need for antennas to be installed at the height proposed in order to meet coverage and signal needs. According to the RF engineers, a lower height would result in insufficient signal propagation and/or signal blockage and would therefore not meet minimum coverage objectives. The requested increase in height of the screen wall is necessary to completely screen the proposed rooftop antennas and equipment. 17 Planning Commission Resolution No. #### Page 8 of 12 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2014-033, allowing a wireless telecommunication facility with a 10- foot tall rooftop screen wall 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 23rd DAY OF JULY, 2015. AYES: NOES: ABSTAIN: ABSENT: BY: Chairman BY: Secretary 12 Planning Commission Resolution No. #### Page 9 of 12 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 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. 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. 4. 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. 5. The 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. 6. Complete structural calculations and plans are required for vertical and lateral loading for new and existing resisting elements and members. Plans must be stamped and signed by registered civil/structural, electrical and mechanical engineers. Plans must illustrate compliance with 11 B-202 California Building Code current adopted edition. 7. Anything not specifically approved by this permit is not permitted and must be addressed in a separate and subsequent telecom permit review. 8. The rooftop screen wall shall be no taller than 10 feet above the roof of the building. No portion of the wireless telecommunications facility, associated equipment, or mounting structures shall protrude above or beyond the rooftop screen walls. No visible cabling or wires are permitted on the exterior of the building. 9. The operator of the telecom facility shall maintain the facility in a manner consistent with the original approval of the facility. The facility is designed such that it will be 19 Planning Commission Resolution No. eft Page 10 of 12 visually compatible with the surrounding area. Any future increase in the height of the proposed antennas or the height of the proposed rooftop screen wall 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). 10. 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 Inspector. 11. The storage of all project-related equipment during construction shall be on-site and outside the public right-of-way. 12. 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. An approved encroachment permit is required for all work activities within the public right-of-way. 13. The non-exclusive technician parking space shown on Sheet C-1 is a parking space for the disabled. The final plans shall be modified to identify a different standard parking space as the non-exclusive parking space. 14. Utility meters for the proposed facility shall be located on private property. 15. 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. 16. 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. 17. Emergency access to the equipment area shall be required. 18. 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. 19. A fire extinguisher with a minimum size of 2A 20BC shall be required within 50 feet of the equipment area on the roof. 20. A fire extinguisher with a minimum size of 3A 40BC shall be required within 30 feet of the standby generator. 21. A Fire Plan Review shall be required prior to permit issuance. 22. 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 Planning Commission Resolution No. eft Page 11 of 12 23. 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. 24. 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. 25. The applicant recognizes that the frequencies used by the cellular facility located at 1501 Superior 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). 26. 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. 27. 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. 28. 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. 29. The telecom facility shall not be lighted. 30. 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. 31. 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. 21 Planning Commission Resolution No. #### Page 12 of 12 32. 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. 33. 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. 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. 34. 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. 35. This conditional use permit may be modified or revoked by the City should it 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 conditional use permit. 36. This approval shall expire unless exercised within 24 months from the date of approval. 37. 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 at 1501 Superior Avenue Street Telecommunication Facility including, but not limited to UP2014-013 (PA2014-125). 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. 22 Attachment No. PC 2 Project Plans 23 V� QP �P P DREPAREQ PROJECT APPROVAL Ve L wireless o ED 15506 SAND CANYON AVENUE BLDG.0,FIRST FUR. IRVINE,CALIFORNIA 92518 LANDLORD: 949.266.760 .3 PROJECT MANAGER: Q E CON5IRUCTON MANAGER: JACOBS® o Jacobs ED,IneBFing Group. Inc. RF ENGINEER: 3161 MICHELSON DRIVE;SUITE 60 IRVINE,CALIFORNIA 92612 PHONE:949360-1816 0000 SITE ACQUISITION: FAX:94s3za701 o t ZONING MANAGER: UTILITY COORDINATOR:OR: EN�INEER6EAL ,=p o BOLERO 0 3 1501 SUPERIOR AVENUE N. NEWPORT BEACH, CA 92663 t. ESIGN.REVISIDN. '3`o E! d o VICINITY MAP PROJECT DIRECTORY SITE SUMMARY SHEET INDEX 0 o SITE TYPE: ROOFTOP ISSUED FOH PROPERTY OWNER: UNIVERSAL PROPERTIES AND MANAGEMENT, INC SHEET NO SITE SPECIFIC SHEETS o 04/3005 zONINc ue o BUILDING HEIGHT: 45' A.G.L. 129 W. WILSON STREET, SUITE 101 BUILDING LATITUDE: 33' 37' 45.12° N. DATE REVISIONS BY COSTA MESA, C4 92627 T-1 TITLE SHEET CONTACT: GORDON RA FISHMAN BUILDING LONGITUDE -11T 55 52.74• C-i TOPOGRAPHIC SURVEY NQT —UD uvLRD 51—URE— PHONE: 949.646.3800 ZONING JURISDICTION: CITY OF NEWPORT BEACH A-1 SITE PLAN APPLICANT: VERIZON WIRELESS ZONING CLASSIFICATION: OM 0.5 (OFFICE MEDICAL) A-2 ROOF PLAN VERIZON sire ID. SITE15505 SAND CANYON DRIVE PARCEL ID: TBD A-3 ANTENNA PUN AND DIMENSION PIAN M POWER COMPANY: SOUTHERN CALIFORNIA EDISON CD BUILDING •D• 1st FLOORA-4 EQUIPMENT PIAN AND DIMENSION PLAN ULI CD IRVINE, CALIFORNIA 92618 TELEPHONE COMPANY: T80 A-5 ELEVATIONS imam•IN:ak.mm.,. 7 N Z cy) PREPARED BY: JACOBS 31161 MICHELSON RIDRIVE; SUNG TEN500 PROJECT DESCRIPTION O C. w a �e Q IRVINE, CALIFORNIA 92612 U q` VERIZON WIRELESS TO INSTALL: SITE ACQUISITION: RACHAEL DAVIDSON 0 _ W O V JACOBS ENGINEERING GROUP, INC. TWEEVE(I2)PANEL N11EI1NAS W 15th St 3161 MICHELSON DRIVE; SURE 500 ONE p)xlcROwnvE DlsN J Fe 11J IRVINE, CALIFORNIA 92612 THREE(3)FIBER DimmuUmm BOXES °t 619.729.2294 • TRELVE(I2)RRUS 4MH TWELVE(12)A2 MODULES MOUNTED BEHIND FRP W 1n SCREENING AT ROOF -EVEL OF(E)BUILDING CoQ ,HUES(3)E WMW CANNEIS CO ONE(1). BY GE TGR W : • THREE(3)FIBER DEBERCATION BOXES MOUNTED ON A PROPOSED STFEl PIATFDRU W O BEHIND SCREENING AT ROOF LEVEL OF(E)BUILBNG TWO(2)CPS ANTENNAS MOUNTED M THE PROPOSED EOUIPNENT CABINETS d DRIVING DIRECTIONS VERIZON RMELESS WELL ALSO IN A MI SCREEN AT SW CBMEB OF(E) L HANDICAP REQUIREMENTS BUILDING ROOF TO BE PRINTED AND TEXNRED TO BATCH(E)WILDING GENERATOR Lu GENr LL RUG AND MANUAL TRANSFER SNITCH WILL ALSO BE MOUNTED WIRIN A PLRIDBt AT Z FROM THE VZW CORPORATE OFFICE IN IRVINE: FACILITY IS UNMANNED AND NOT FOR HUMAN BLADE HABITATION HANDICAP ACCESS IS NOT REQUIRED. �+ [TO� OWOCRSnEID: HEAD SOUTHWEST TOWARD CANYON CANYON SIDE PATH/SAND CANTON ONTO CODE COMPLIANCE TURN RIGHT ONTO SANE CANYON AVE. -55 THE RN R AND MERGE ONTO THE I-405 N. TAKE THE EXIT ONTO CA-55 S. TURN RIGHT ONTO E 17TH PLUMBING REQUIREMENTS TBD Sr. TURN LEFT AT THE IST CROSS STREET ONTO SUPERIOR AVE. FACILITY HAS NO SANITARY OR POTABLE WATER. :1 SITE WILL BE ON THE RIGHT. CALIFORNIA STATE CODE COMPLIANCE: _PREPAREOCY. ALL WORK AND MATERIALS SHALL BE PERFORMED AND INSTALLED IN SSIGUED DIG ALERT ACCORDANCE WITH THE CURRENT EDRIONS OF THE FOLLOWING CODES AS UED 1 L J. aoORiDUEz ADOPTED BY THE LOCAL GOVERNING AUTHORITIES. NOTHING IN THESE PLANS DESIGNEFo4ecr NO.. DO.MENDDZA IS TO BE CONSTRUED TO PERMIT WORK NOT CONFORMING TO THESE CODES: DATE: 0 4/3 02 01 8 • 2013 CALIFORNIA ADMINISTRATIVE CODE • 2013 CALIFORNIA ARE CODES HEET NAME. Know what's below. (INCL TTNES 24 & 25) • 2013 CALIFORNIA ENERGY CODES Call beforeyou di . . 2013 CALIFORNIA 2013 CALIFORNIA ELECTIRICALODES CODES • TLA 222-G CODES 9 2013 CALIFORNIA MECHANICAL CODES • LOCAL BUILDING CODES TITLE SHEET GENERAL CONTRACTOR NOTES lu 2013 CAUFORNIA PLUMBING CODES • CT(Y/COUNTY ORDINANCES UNDERGROUND SERVICE FOC NOTE SHEET NUMBER: CONTRACTOR SHALL VERIFY ALL PLANS WITH EXISTING DIMENSIONS PITO ALERT OF SOUTHERN THIS WIRELESS COMMUNICATION FACILITY COMPLIES WITH FEDERAL STANDARDS CALIFORNIA FOR RADIO FREQUENCY IN ACCORDANCE WITH THE TELECOMMUNICATION ACT J CONDITIONS ON THE JOB SITE AND SHALL IMMEDIATELY NOTIFY THE ARCHITECT TOLL FREE 14800-227-2600 OF 1996 AND SUBSEQUENT AMENDMENTS AND ANY OTHER REQUIREMENTS B WRITING OF ANY DISCREPANCIES BEFORE PROCEEDING WITH THE WORK OR BE RESPONSIBLE FOR THE SAMEE.. 11 TWO WORKING DAYS BEFORE YOU DIG IMPOSED BY STATE OR FEDERAL REGULATORY AGENCIES. 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Al-fil • I 'P� i ' �f .i � j 'lam SEET NVMRE : Id"SGB tl9( I': j •..::�• HR. r a' C � P rRFPARED FOR, c I I VE'IYjQflwireless o 15605 SAND CANYON AVENUE BLDG.D.FIRST FLN. d IRVINE,CALIFORNIA 92618 949268.1000 (E) BUILDING-/ JACOBS® E �F Jacobs Engineering Group. Inc. t 9F .0 C O p 018f IRVINE SON DRIVE;SORE S00 g.0 IRVINE,CALIFORNIA 92812 (� PM QN( SOT PFAX: 42541816 1Jy f/ /E FA%:944224-0501 m cENGINEER SEAL. a oa W i c > (E)PRCPFRTY UNE EL -------------------------------- a JE! m tJ V w t / U o3E Pu1aNc Lor� (E) PARKI / f SmucruRE �r 1 ern POI YERQON WIRELESS' NON-EXCLUSIVE PORiABIE CENEMTOR PAPo(INC - / IpN (P) 'VERIZON WIRELESS' ANTENNAS 7 I e I NON-EE LUSIVEON TECHNICIAN // e NON-EXCLUSIVE IECXNICLW $ BEHIND (P) MECHANICAL SCREEN I PARKING SPACE / / (P) VERIZON WIRELESS' NON-EXCLUSIVE 12'-O'WI/ • ' . I I - - - -- - - - - --1777 ACCESS EASEMENT ' (P) 'VERIZON WIRELESS' ISSUEDRON z EQUIPMENT 486 SQ. FT. LEASE AREA (E)--- - -- I �`<� No. ��Ap REmslDras ANN oA b I I L:1 f `'.KI / / u.s�NaTURE II,L° Cl)LOT EASEMENT /a W 114 �' Z iV woCh Q QV La G Q lI I di I II , \I\� F ` I I / J a W (P) 'VERIZON WIRELESS' ANTENNAS __ —� — - - - - / 0 m BEHIND (P) MECHANICAL SCREEN W O _. IL I � (P) 'VERIZON WIRELESS' ANTENNAS W ®ry To SM BEHIND (P) MECHANICAL SCREEN [TO ERONNEROTEIO 1_W 15TH ST L TBD / PREPARED BY APPROVEOBY: J.ROORIGU- DESIpN - aMO ENOOZA PROJECTT NO: DATE: 03/302015 [8HEETHAME: SITE PLAN SH EETNUMRER: A- 1 SITE PLAN =�E fwf-0' 0 10' 20' b' P (P) 'VERIZON WIRELESS' FPr,REOF NON-EXCLUSIVE PORTABLE o GENERATOR PARKING ` (P) VERIZON WIRELESS' MANUAL TRANSFER 1. (P) 'VERIZON WIRELESS'TO INSTALL ELECTRICAL \✓/ 8 SWITCH W/GENERATOR APPIETON PLUG }}} METER AT VACANT METER SOCKET WITHIN (E) verrAMn- wI(eleSS y ��MOUNTED AT GRADE (E) PARKING / ELECTRICAL ROOM AT 1ST BOOR 4 STRUCTURE) 15605 SAND CANYON AVENUE (P) VERIZON WIRELESS' C y NATURAL I� JP O BLDG.D.FIRST FUR. u h I� IRVINE,CALIFORNIA 92618 CTAS RUN FROM GAS METER AT 1B a 949.266.7000 €B I GRADE (APPROX. 120') I I JACOBS® l I Jacobs En,lne¢rin,Group. Inc. .0 ]18f MILHELSON DRIVE:SORE 800 .T IRVINE,CALIFORNIA 92812 PHONE:949-250-1816 c FAX:949-22N501 A % `o I q I e (P) 'VERIZON WIRELESS'ANTENNAS ENGINEER sEnL. (P) MECHANICAL SCREEN .� m (E) BIAL ING COLUMN,TYP. (E) BBEMAM o Q ® C W I - Q I vI (P) a a 'VERIZON nn WIRELESS' 486 SQ. FT. 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W Q TO MATCH (E) BUILDING J (E) ROOFTOP VENT,TYP.—/r I CHECK RF DATA SHEET. O > O Lu 0 O. ® J d' W 1s'-r i J W m (P) 'VEPRON WIRELESS'ANTENNAS EO q' IpNK'AL ., (SHAFTtoR 0M j O I CII EOUIn TYP SHAFT W N BEHINppp (P) MECHANICAL SCREEN "I O . I I (E) SATELLITE - ❑ � IL - y DEH, TYP. 0 O W Z / \ (E) TCH \ TOWER OWNER SITE ID: / \ \ \ \ E7 CONCRETE TBD (ZI PAD. TYP j \� \ 14•_11• vj i [,ppATR REPnREo BY OVEG ev(P) VERIZON WIRELESS' ANTENNAS lNE_ vJCTNO- - - - - - - -- - - - -- -- ---- - - - - - - --- -- - - - ---- - - - - - - . .NAME: 3 a r -- - ----_ _ --—--—-' ROOF PLAN I SH EFT NVMPER: A-2 zaE ® C SITE PLAN Iro•.I-0' 0 2. 4 18• 1 P _ NOTE. 1. (P) FRP SCREENING TO BE PAINTED AND TEXTURED MATCH (EJ BUILDING. G _ 2.ALL (P)VERIZON WIRELEESS ANTENNAS WILL BE MOUNTED BEHIND (P) FRP SCREENING. Verr"wlreless 155059AND CANYON AVENUE BLDG.D,FIRST PLR, IRVINE,CALIFORNIA 91610 949388.7000 = 3 E JACOBS° v Jacobs Engineering Group. 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LE, RODF DECK IL ELEV. 43'-0" (A.G.L) �y111 �A ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ LLI ♦ \ \ \ \ \ \ ♦ \ \ \ \ \ ♦ \ r (L \ \ \ \ Lo � w z ♦ ♦ ♦ ♦ ♦ ♦ NR ♦ -NW-NN ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ (E) 45'-0"TALL BUILDING TOWER OWNERSITE ID: Teo EY ` \ \ ` \ \ ♦ \ \ ` \ \ ` \ \ \ ♦ \ ♦ \ APPROJEO er: J.ROGRIGVEZ GEsioNEo BY'. L.MENNC: \ \ \ \ ` \ \ ` \ \ IN \ \ ` \ \ ` \ \ \ ♦ \ ♦ \ PROJECT NO. TOO DATE: o3r3o2o1A ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ k ♦ It ♦I ♦ t It ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ MEET NAME. ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ T.O. FINISHEDFLOOR LLEv. ELEVATIONS SHEET NVMBER ® AI SOUTH ELEVATION 7ly- 7" 0 2 1 C��' QP �� ��,P �� P�. O� �� ���� 32 Attachment No. PC 3 Photographic Simulations 33 V� QP �P 31{ Existing -4 Map Proposed Poopose w'tzon Antennas Behind 9creenwoll V � view from Placentia Avenue looking southeast at site Bolero AdvanceSiff1501Superior Avenue,Newport Beach,CA Photo Simolatlou solus Photosims Produced on 4-15-2015 Conua(925)2028502 Existing i i Map IF Proposed .�� Proposed Verizon A ntennas Behind - kp,PPWd l i I � 1 view from Placentia Avenue looking northeast at site Bolero AdvaneeSi� 1501Superior AvenueNewport Beach,CA muon Pinto Simulation sos Photosims Produced on 4-75-7015 Con=(925)202-850] Existing . 2 - a Proposed Proposed Verizon Antennas Behind Rreenwall `v '. ' NEWPORT SUPERIOR MEOlC�r1 PLA A view from Superior Avenue looking west at site Bolero A d v a n c e S iff1501 Superior Avenue,Newport Beach,CA Photo Simolatlou solus Photosims Produced on 4-15-2015 Conua(925)202 850) V� QP �P 3g Attachment No. PC 4 Draft Resolution for Denial 39 V� QP �P �o RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING CONDITIONAL USE PERMIT NO. UP2014-033 FOR A WIRELESS TELECOMMUNICATIONS FACILITY LOCATED AT 1501 SUPERIOR AVENUE STREET (PA2014-125) THE PLANNING COMMISSION 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 1501 Superior Avenue, and legally described as Parcel 2 in the City of Newport Beach, County of Orange, as shown on a map filed in Book 124, Pages 24 and 25 of Parcel Maps, in the office of the County Recorder, requesting approval of a conditional use permit pursuant to Chapter 20.49 of the Newport Beach Municipal Code ("NBMC"). 2. The proposed wireless telecommunication facility (Facility) would include a total of twelve 8-foot long panel antennas deployed in three sectors, a microwave dish, twelve remote radio units, and support equipment within five equipment cabinets and a stand-by generator. The antennas and related support equipment would be located on the roof of the building and would be fully screened from public view by a new screen wall that would extend 12-feet above the roof. 3. The subject property is designated as Medical Commercial Office (CO-M) by the Land Use Element of the General Plan and the site is within the OM (Office Medical) Zoning District. 4. The subject property is not located within the coastal zone. 5. Pursuant to NBMC Section 20.30.060(C)(2)(d), the maximum height of buildings in the OM District is 50 feet with discretionary approval. The existing building is 45 feet tall and the requested facility includes a screening wall that would exceed the 50-foot height limit by 5 feet requiring the consideration of a conditional use permit pursuant to NBMC Section 20.49.050(C)(1). 6. A public hearing was held on July 23, 2015, 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. Pursuant to Section 15270 of the California Environmental Quality Act ("CEQA") Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. 41 Planning Commission Resolution No. _ Page 2 of 2 SECTION 3. REQUIRED FINDINGS. The Planning Commission may approve a conditional use permit only after making affirmative findings in accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits), NBMC Section 20.49.060(H)(1) (Required Findings for Telecom Facilities), and NBMC Section 20.49.060(H)(2) (Findings to Increase Height). In this case, the Planning Commission was unable to make the required findings based upon the following: A. The increased height of the proposed Facility results in an in undesirable architectural change to the overall scale of the building and is inconsistent with NBMC Section 20.49.050(F)(c). B. Alternative sites located farther from adjacent residential district may be available that could achieve the applicant's coverage needs. C. The increased height of the proposed Facility given its proximity to residential uses would be detrimental to the general welfare of persons residing in the area as the proposed installation would exceed the maximum 50-foot height limit. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Conditional Use Permit No. UP2014-033. 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 23rd DAY OF JULY, 2015. AYES: NOES: ABSTAIN: ABSENT: BY: Chairman BY: Secretary 42 Planning Commission - July 23, 2015 Item No. 4a: Additional Materials Presented at Meeting 125) Verizon Wireless Bolero ( PA203.4 - 125) Proposed Vedmn Antennos Behind SEW Pp�,T Planning CommissionJuly 23, OF 4 Public Hearing • cgciFonN P Planning Commission - July 23, 2015 Item No. 4a: Additional Materials Presented at Meeting 125) Introduction ~fin a z a.C'dt/FORNP New Wireless Telecommunications Facility Conditional Use Permit UP2014-033 Twelve 8-foot antennas, microwave dish, 12 remote radio units, 5 equipment cabinets and a stand-by generator 12-foot tall rooftop screen wall atop existing 45-tall office building Increase height above maximum allowable of 5o feet Proposed Class 1 Facility (Stealth/Screened) ■ West Newport Mesa Area Corner of Superior & 15th Street and corner of Placentia & 15th Street 1501 Superior Avenue 07/23/2015 Community Development Department - Planning Division 2 Planning Commission - July 23, 2015 Item No. 4a: Additional Materials Presented at Meeting 125) Vicinity Map VVV x', iu fx x 1 xlo xo9 pe '�` I'1 IIJ 112 III I10 Igey fOB of or EI-EA a/ 1 J ll x 0 o 1191 L��m i� w ,11 $ B 07/23/2015 Community Development Department - Planning Division 3 Planning Commission - July 23, 2015 Item No. 4a: Additional Materials Presented at Meeting 125) Roof Plan tam . T 0m w- I I II � I I �•�® ' � 0~1MfYa�mWYIIO � e'�si� v I I I I I mavwtwuMwt IeMpW YYs JJ �Os�m. _— O ro W— kL l ° I rnmx.11mm�ixmxs ------------------ +`-------•----------m --- - I I I SITE PLAN 07/23/2015 Community Development Department - Planning Division 4 Planning Commission - July 23, 2015 Item No. 4a: Additional Materials Presented at Meeting 125) Elevation die®.vca rs mHn.� ouun w[ k k az az x x az k x k x k k k x x k . k % % k k %az % % kRktt R % k Iw e'a waewa k k tt k k R R % k k R tt tt R k tt k NEST ELEVATION 1 Imw-lam .,m am uemn,��$ CM tt k k k k i R x x k S k R k k i R k k R az R wa�..w. R x R k R k R k R k k x az R R az az % SOUTH ELEVATION 07/2312015 Community Development Department - Planning Division 5 Planning Commission - July 23, 2015 Item No. 4a: Additional Materials Presented at Meeting erizon Wire l 125) Existing . �r r A w... f''-oposed Rim 07/2312015 view)rom Placentia Avenue looking nortkeastatsit, 6 A a.._.___n:_1i / Bolero Planning Commission - July 23, 2015 Item No. 4a: Additional Materials Presented at Meeting Existing enzon Wirel 125) a C'4C/FORN�P• Map _ e_ry Fp 6 Proposed noreMw+e.ni�tl xremwa r 07/23/2015 view from Placentia Avenue looking southeast at site 7 R"" Planning Commission - July 23, 2015 Item No. 4a: Additional Materials Presented at Meeting isting enzon WirelE:1125) Ex Map / Proposed PeM1InJ Pnl�^�11 NEWPORT SUPERIOR - 07/2312015 viewhom Superior Avenue looking westotsite 8 n�..____n:_1► \ / Bolero Planning Commission - July 23, 2015 Item No. 4a: Additional Materials Presented at Meeting 125) Staff Conclusions � z a.C'dt/FORNP Exempt from CEQA — Section 15301 & 15303 Consistent with Wireless Facility Ordinance Fully screened facility (Class s) Increased height necessary for coverage & allowable by code Does not create undesirable or abrupt scale Does not impact public views or neighboring property ■ Staff recommends z foot reduction in rooftop screen to provide better architectural balance 07/23/2015 Community Development Department - Planning Division 9 r a ti 4 r 46 I _ For more information contact: - James Campbell, Principal Planner 949-644-322-0 JcampbeII@newportbeachca.gov www.newportbeachca.gov Planning Commission - July 23, 2015 Item No. 4b: Additional Materials Presented at Meeting Verizon Wireless Facility (PA2014-125) RFAntenna Signal Parapet Building Planning Commission - July 23, 2015 Item No. 4b: Additional Materials Presented at Meeting Verizon Wireless Facility (PA2014-125) RF Antenna Signal Parapet Building Planning Commission - July 23, 2015 Item No. 4b: Additional Materials Presented at Meeting Verizon Wireless Facility (PA2014-125) RF AntennaSignal Parapet Building