HomeMy WebLinkAboutZA2015-053 - A minor use permit for a new Class 3 (Public Right-of-Way) wireless telecommunications facility installation at the northeastern corner of Spyglass Hill Drive and El Capitan Drive. The applicant propo - 1 Narbonne RESOLUTION NO. ZA2015-053
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2015-024 FOR A WIRELESS TELECOMMUNICATIONS
FACILITY WITHIN THE PUBLIC RIGHT-OF-WAY LOCATED AT 1
(CS) NARBONNE (PA2015-094)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Verizon Wireless with respect to public right-of-way area
located at 1 (CS) Narbonne requesting approval of a minor use permit.
2. The applicant proposes to construct a new Class 3 (Public Right-of-Way) wireless
telecommunications facility installation at the northeastern corner of Spyglass Hill Road
and EI Capitan Drive. The project will include the replacement of an existing light
standard with a new 35-foot-high stealth light standard with a 30-inch radome screening
three panel antennas and a GPS antenna. All support equipment will be installed within a
new underground vault approximately 90 feet southeast of the stealth light standard
within the public right-of-way.
3. The site is within the public right-of-way and is, therefore, not designated within the Land
Use Element of the General Plan nor is it located within a zoning district.
4. The site is not located within the Coastal Zone boundary.
5. A public hearing was held on September 10, 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 QUALITYACT 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. The Class 3 exemption covers the installation of small new equipment and facilities in
small structures. The proposed project will include replacement of an existing light
standard with a new stealth light standard that has been modified to contain screened
antennas. The support equipment will be housed in a small vault below ground
approximately 90 feet southeast of the light standard.
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SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of
the Newport Beach Municipal Code, the following findings and facts in support of such
findings are set forth:
Finding:
A. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The site is not designated within the Land Use Element of the General Plan as it is
located within the public right-of-way.
2. 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 not located within a zoning district as it is located within the public right-of-
way.
2. Zoning Code Chapter 20.49 (Wireless Telecommunications Facilities) identifies
wireless telecommunications facilities within the public right-of-way as a Class 3
Installation which is permissible subject to the approval of a minor use permit. Section
20.49.040 (Telecom Facility Preferences and Prohibited Locations) lists certain
prohibited locations and the proposed facility is not a prohibited location.
3. 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)
Class 2 (Visible Antennas) and Class 3 (Public Right-of-Way); and Class 4
(Freestanding Structure). Although lower on the listing of priority facilities, the
proposed facility is designed such that it will not visually dominate the surrounding
area and is intended to blend seamlessly into the infrastructure of the neighborhood.
4. Support equipment will be installed in an underground vault located southeast of the
site. As conditioned, the existing landscaping will be protected and replaced as
necessary such that the streetscape and access along the street is unaffected by the
facility.
5. With construction as shown on the plans and visual simulations with the
implementation of the conditions of approval, the proposed facility will comply with
applicable requirements of the Zoning Code.
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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 proposed design will replicate that of a street light standard which will help to
blend in with the existing development of the residential neighborhood.
2. The support equipment for the site will be placed in an underground vault such that the
facility will not hinder use of the existing sidewalk or public right-of-way along Spyglass
Hill Road or EI Capitan Drive.
3. The proposed telecom facility will be unmanned, have no impact on the circulation
system, and, as conditioned, should not generate noise, odor, smoke, or any other
adverse impacts to adjacent land uses.
4. The proposed facility will enhance coverage and capacity for visitors and to 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. Adequate public and emergency vehicle access, public services, and utilities are
provided to and around the subject site and the proposed use will not change this.
2. The proposed telecom facility will be unmanned, have no impact on the circulation
system, and, as conditioned, should 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 neighborhood
and surrounding area.
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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 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.
2. The proposed facility is not located in an area adjacent to a coastal view road or public
coastal view point.
3. 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.
4. Although the proposed facility is adjacent to Spyglass Hill Park, it will be located within
the public right-of-way and will not interfere with use of the park.
5. The proposal has been reviewed by the Building Division, Public Works, Fire, and
Police Departments, and recommended conditions of approval have been included to
limit any detriment to the City or general welfare of persons visiting or working in the
surrounding neighborhood.
In accordance with Section 20.49.060 (Permit Review Procedures) of the Newport Beach
Municipal Code, the following additional findings and facts in support of such findings are set
forth:
Finding:
a. The proposed telecom facility is visually compatible with the surrounding
neighborhood.
Facts in Support of Finding:
1. The proposed facility will include a new 35-foot-high stealth light standard with support
equipment vaulted below ground. Installation of the new light standard will replace an
existing light standard and will not appear out of character with the surrounding
neighborhood as the facility will blend with existing infrastructure.
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Finding:
b. The proposed telecom facility complies with height, location and design standards, as
provided for in this chapter.
Facts in Support of Finding:
1. The proposed telecom facility will be of similar height with the existing light standard
and will not exceed 35 feet in height above existing grade as stipulated by the design
standards.
2. The stealth light standard will utilize a radome to screen all antennas which will be
treated with exterior coating to match the existing light standard thereby creating a
more inconspicuous facility that blends with the existing development and the
surrounding neighborhood.
3. As conditioned, the design of the stealth replacement light standard will be consistent
with the design of the existing light standard.
4. The support equipment will be located within an underground vault that is completely
below finished grade.
Finding:
C. 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. Alternative sites located further away from Spyglass Hill Park or nearby residential
uses would limit the coverage objectives and would not fulfill the need demonstrated
by Verizon Wireless to enhance coverage and capacity. The applicant has provided
maps that demonstrate improved coverage within the immediate vicinity as a result of
the proposed facility.
2. Alternative sites to serve the area are limited as the immediate vicinity is primarily
residential.
Finding:
d. 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.
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Facts in Support of Finding:
1. The opportunity to collocate or construct a facility on existing structures (Classes 1 or
2) is limited given the lack of viable nonresidential structures in the area that would
provide similar service coverage.
2. The proposed stealth light standard (Class 3 — Public Right-of-Way Installation) will
blend well with the existing residential development in the area and precedes Class 4
(Freestanding) Installation in order of priority.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2015-024 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 Community
Development Director in accordance with the provisions of Title 20 Planning and
Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 10TH DAY OF SEPTEMBER, 2015.
*Srnsnes i, ICP, Deputy Director
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EXHIBIT "A"
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan,
equipment plans and elevations stamped and dated with the date of this approval.
(Except as modified by applicable conditions of approval.)
2. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. The telecom facility approved by this permit shall comply with all applicable rules,
regulations, and standards of the Federal Communications Commission (FCC) and the
California Public Utilities Commission (CPUC).
4. Prior to issuance of building permits, the applicant shall obtain an effective license
agreement with the City regarding use of the public right-of-way for private purposes.
5. Prior to issuance of building permits, the applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Minor Use
Permit file. The plans shall be identical to those approved by all City departments for
building permit issuance. The approved copy shall include architectural sheets only
and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately
depict the elements approved by the Minor Use Permit and shall highlight the
approved elements such that they are discernible from other elements of the plans.
6. Prior to issuance of buildinq permits, the applicant shall pay any unpaid administrative
costs associated with the processing of this application to the Planning Division.
7. 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.
8. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the Newport Beach Municipal
Code. The maximum noise shall be limited to no more than depicted below for the
specified time periods unless the ambient noise level is higher.
Between the hours of 7:OOAM Between the hours of
and 10:00PM 10:00PM and 7:OOAM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within 45dBA 60dBA 45dBA 50dBA
100 feet of a commercial property
Mixed Use Property 45dBA 6OdBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
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9. 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.
10. 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.
11. 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).
12. 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,
13. 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.
14. 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.
15. 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.
16. 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
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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.
17. 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.
18. 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.
19. 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.
20. 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.
21. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved
in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach
Municipal Code.
22. A copy of the Resolution, including conditions of approval Exhibit "A" shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
23. 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 Spyglass Hill Right-of-Way Telecom including, but
not limited to, the Minor Use Permit No. UP2015-024 (PA2015-094). This indemnification
shall include, but not be limited to, damages awarded against the City, if any, costs of
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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.
BUILDING DIVISION
24. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department. The construction plans must comply with the most recent, City-
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements.
25. Prior to the issuance of grading permits, a Storm Water Pollution Prevention Plan
(SWPPP) and Notice of Intent (NOI) to comply with the General Permit for
Construction Activities shall be prepared, submitted to the State Water Quality Control
Board for approval and made part of the construction program. The project applicant
will provide the City with a copy of the NOI and their application check as proof of filing
with the State Water Quality Control Board. This plan will detail measures and
practices that will be in effect during construction to minimize the project's impact on
water quality.
PUBLIC WORKS DEPARTMENT
26. 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.
27. The storage of all project related equipment during construction shall not be within the
public right-of-way, unless otherwise approved by the Public Works and Municipal
Operations Departments.
28. Prior to the issuance of building permits, an approved Encroachment Permit is
required for all work activities within the Spyglass Hill Road and EI Capitan Drive
rights-of-way. Any lane closures will require Traffic Control plans, which shall be
prepared by a registered California Traffic Engineer, unless otherwise approved by the
City Traffic Engineer.
29. All work in the public rights-of-way shall follow City's Municipal Code Chapter 13.20
(Public Rights-of-Way).
30. Although the proposed location is currently not within an Underground Assessment
District, if or when there is an approved Underground Assessment District in the future,
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the applicant shall relocate the facilities underground pursuant to Municipal Code
Section 13.20.030 (City Policies Regarding Use of the PROW).
31. The construction plans shall satisfy NBMC Chapter 13.20.
32. The applicant shall assume 100 percent of all costs associated with any alterations to
the existing improvements along Spyglass Hill Road and EI Capitan Drive for
development of the telecom facility.
33. The applicant shall be responsible for the repair and/or replacement of any curb and
gutters, concrete sidewalk, alley/street pavement that may be damaged through the
course of construction, as directed by the Public Works Department.
34. Appropriate informational RF warning signs or plates shall be posted at the access
locations and each transmitting antenna. The location of the informational warning
signs or plates shall be depicted on the plans submitted for construction permits.
35. The applicant is required to protect all City landscaping, trees, and irrigation in place. If
any damage should occur, the contractor will be required to replant as directed by the
City and guarantee work for a minimum of one (1) year,
36. The existing street light to be removed shall be salvaged and delivered to the City of
Newport Beach Utilities Yard.
37. All exposed elements of the facilities including, but not limited to screening, coaxial
cables and appurtenances attached to the reconstructed street light pole shall be
color-matched or painted to match the pole to the satisfaction of the Community
Development and Utilities Directors or their respective designees.
38. The replacement street light standard is subject to the review of the Public Works
Department and shall match the design, style, color, height, and location of the
existing street light standard to be removed. In no case shall any portion of the light
standard exceed 35 feet above existing grade.
39. Prior to issuance of building permits, a letter shall be obtained from Southern
California Edison acknowledging that a new single-meter pedestal will be installed as
opposed to converting the existing single-meter pedestal to a double-meter pedestal.
Said letter shall be documented within the building permit plan check set.
40. Stand pipe vents shall be per the City's 8-inch and 10-inch standard vents. Reference
City Standards STD-537-L-A and STD-537-L-B.
41. A soils report shall be provided as part of the building permit plan check. If said
document demonstrates that dewatering is required, a formal dewatering plan shall be
provided.
42. A sound attenuation study shall be provided as part of the submittal for building permit
plan check.
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