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HomeMy WebLinkAbout1991 - Approving UP2014-033 for a Wireless Telecommunication Facility located 1501 Superior Ave RESOLUTION NO. 1991 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 12-feet above the roof to a maximum overall height of 55 feet. 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, and August 20, 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 Planning Commission Resolution No. 1991 Page 2 of 12 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. 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. Planning Commission Resolution No. 1991 Page 3 of 12 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 . 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 Planning Commission Resolution No. 1991 Page 4 of 12 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. 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, support equipment, and rooftop screen wall 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. 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. inding: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. Planning Commission Resolution No. 1991 Page 5 of 12 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. 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 by making it visually conspicuous. 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 ©M 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 5 feet as the overall height of the proposed screen wall from the ground will be 55 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 and 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(B). Facts in support of Findings H and I below are incorporated by reference. Planning Commission Resolution No. 1991 Page 6 of 12 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 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: 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. 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. Planning Commission Resolution No. 1991 Page 7 of 12 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. 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 10 feet (55 feet total). The proposed screen wall will be setback 14 to 15 feet from the edge of the roof. 2. The building is set back 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. Planning Commission Resolution No. 1991 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 12- 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 20TH DAY OF AUGUST, 2015. AYES: Brown, Koetting, Kramer, Lawler, Weigand, Zak NOES: ABSTAIN: ABSENT: Hillgren BY: A I , -0 , AeKoettifgC hairBY: Secret Planning Commission Resolution No. 1991 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 12 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 Planning Commission Resolution No. 1991 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. Planning Commission Resolution No. 1991 Pae 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 the issuance of a certificate of occupancy for the facility, 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. Planning Commission Resolution No. 1991 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 UP2014-033 (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.