Loading...
HomeMy WebLinkAbout1995 - A conditional use permit for Verizon Wireless to install twelve (12) panel antennas and two ray caps on a new 34-foot high telecommunications monopole (faux broadleaf tree). The associated equipment i - 23 Corporate Plz RESOLUTION NO. 1995 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2015-033 FOR A FAUX EUCALYPTUS WIRELESS TELECOMMUNICATIONS FACILITY LOCATED AT 23 (CS) CORPROATE PLAZA (APN: 442-271-30) (PA2015-128) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Jim Heinrich of Plancom Inc., representing Verizon Wireless, with respect to property located at 23 (CS) Corporate Plaza (APN: 442-271-30), and legally described as Parcel BB of Lot Line Adjustment No. 97-08, in the City of Newport Beach, County of Orange, State or California, recorded on January 9, 1998 as Instrument No. 19980012233 of Official Records of said County, requesting approval of a Conditional Use Permit. 2. The applicant proposes a conditional use permit for Verizon Wireless to install twelve (12) panel antennas and two (2) ray caps on a new 32-foot high telecommunications monopole designed to resemble a eucalyptus tree. The associated support equipment is proposed within an existing 20-foot 8-inch by 16-foot trash area, which will be fully screened with a 5-foot 10-inch block wall with 2-foot 6-inch mesh steel panels above. 3. The subject property is located within the PC-17 (Corporate Plaza Planned Community) Zoning District and the General Plan Land Use Element category is CO-R (Regional Commercial Office). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on October 8, 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. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 3 New Construction or Conversion of Small Structures). 2. Class 3 exempts the construction of limited numbers of new, small facilities or structures, and installation of small new equipment and facilities in small structures. In Planning Commission Resolution No. 1995 Page 2 of 13 this case, the proposed project involves the installation of one 32-foot tall faux eucalyptus monopole to accommodate twelve (12) eight-foot-tall antennas. The proposed support equipment will be ground-mounted and enclosed within an existing trash enclosure that will be architecturally compatible and landscaped to partially screen the facility. 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 located within the CO-R (Regional Commercial Office) land use designation in the Land Use Element of the General Plan. The CO-R designation is intended to provide for administrative and professional offices that serve local and regional markets, with limited accessory retail, financial, service and entertainment uses. The existing office uses and surface parking areas are consistent with these designations and the proposed telecommunications facility is accessory to the office use. 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 located within the PC-17 (Corporate Plaza Planned Community) Zoning District. This area is intended to permit a combination of business, professional, & medical office uses, and light general commercial activities engaged in the sale of products to the general public. The proposed telecom facility is considered an ancillary structure that is accessory to the primary office uses within Corporate Plaza. 2. Zoning Code Chapter 20.49 (Wireless Telecommunications Facilities) of the Zoning Code identifies wireless telecommunications facilities within the public right-of-way as a Class 4 (Freestanding Structure) installation which is permissible subject to the approval of a conditional 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. 03-03-2015 Planning Commission Resolution No. 1995 Page 3 of 13 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), Class 4 (Freestanding Structure), and Class 5 (Temporary). 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 within an existing trash enclosure adjacent to the faux eucalyptus monopole. Two (2) new live eucalyptus trees will be planted adjacent to the proposed facility to help blend and screen the site with the surrounding environment. 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. The proposed facility will comply with applicable requirements of the Zoning Code with construction as shown on the project plans and implementation of the conditions of approval, 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 eucalyptus tree which will help to blend in with existing trees within the surface parking lot where the site is located. Two new live eucalyptus trees will be planted adjacent to the project site and will help mix the facility in with the surrounding natural environment. 2. The support equipment for the site will be placed in an existing screened trash area such that the facility will not hinder use or size of required trash areas that serve the 12 Corporate Plaza office building. A total of 96-square feet of trash and recycling area is required where the modified trash area provides 153 square feet of trash and recycling area. 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 businesses in 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. 03-03-2015 - Planning Commission Resolution No. 1995 Page 4 of 13 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 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. 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 will only require periodic maintenance and will not generate any type of adverse impacts to the environment, such as noise, odor, smoke, etc. 3. The proposed facility is not located in an area adjacent to a coastal view road or public coastal view point. The nearest view corridor is located along MacArthur Boulevard and the proposed telecommunications facility will blend with the surrounding vegetation and will not be visible from this vantage point behind the Newport Beach Civic Center. 4. 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. 03-03-2015 - Planning Commission Resolution No. 1995 Pa e5of13 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: F. The proposed telecom facility is visually compatible with the surrounding neighborhood. Facts in Support of Finding: 1. The proposed facility will include a new 32-foot-high faux eucalyptus monopole with support equipment screened within an adjacent trash enclosure area. Installation of the new freestanding structure will not appear out of character with the surrounding neighborhood as the facility will blend with existing trees within the surface parking lot. Finding: G. 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 trees in the area and will not exceed 32 feet in height above existing grade as stipulated by the PC-17 (Corporate Plaza Planned Community) Zoning District. 2. The site's location is a commercial office area where adverse impacts to surrounding land uses are minimized to the greatest extend feasible, 3. The branches and leaves are intended to screen the antennas from view thereby creating a more inconspicuous facility that blends with the existing development and the surrounding neighborhood. The design of faux eucalyptus monopole will be consistent with the surrounding trees. Two new live eucalyptus trees will be planted adjacent to the site so that the new monopole is consistent in size and character with other surrounding trees. 4. The support equipment will be located within in a screened trash area directly adjacent to the site. 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. 03-03-2015 Planning Commission Resolution No. 1995 Page 6 of 13 Facts in Support of Findinq: 1. Alternative sites on nearby buildings would limit the coverage objectives and would not fulfill the need demonstrated 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. The site is located in a commercial office area away from residential districts and public park facilities. The closest park and public facility is the Newport Beach Civic Center and Park which are located approximately 550 feet to the east of the project site. The design of the proposed monopole is intended to minimize its visibility to surrounding development, as well as to pedestrians and vehicle traffic on Civic Center Drive and Avocado Avenue. 3. The site is viable in balancing the applicant's needs for radio frequency (RF) coverage and capacity while keeping a significant distance from single-family residential areas. 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. Alternative location designs were considered at higher priority locations, which included public right-of-ways, co-locations, roof mount and building facade locations, existing commercial signs, and a new false tree. The opportunity to collocate or construct a facility on existing structures (Classes 1 or 3) is limited. A Class 1 (Stealth/Screened) or Class 2 (Visible) site would exceed the height limit and appear out of character for the planned community. A similar building installation located behind a mechanical screen was deemed infeasible because the site would not provide adequate coverage for the area. 2. The coverage area is subject to Ordinance No. 1371, which establishes a sight plane ordinance and limits the height of structures to 35 feet at this location. The applicant is restricted to designing the facility for one carrier and additional height is not available at this site to accommodate an additional carrier. 3. Public right-of-way opportunities were considered, however the RF engineer determined that antennas installed on street have insufficient capacity to meet the coverage objective and could not accommodate the needed number of antennas to meet system requirements. 4. The proposed faux eucalyptus tree, Class 4 (Freestanding), will blend well with the existing development in the area. 03-03-2015 Planning Commission Resolution No. 1995 Page 7 of 13 5. The proposed facility will improve outdoor coverage for Verizon Wireless and provide improved indoor cellular coverage to nearby areas that is currently marginal or non- existent. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2015-033, 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 8T" DAY OF OCTOBER, 2015. AYES: Brown, Koetting, Kramer and Weigand NOES: None ABSTAIN: None ABSENT: Hillgren, Lawler and Zak BY:— Ko ry Y: ory ra r, hairm n BY: Peter Koe ing, Sec 03-03-2015 Planning Commission Resolution No. 1995 Page 8 of 13 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 submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the application 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 Conditional Use Permit and shall highlight the approved elements such that they are discernible from other elements of the plans. 5. Prior to issuance of building permits, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 6. The operator of the telecom facility shall maintain the facility in a manner consistent with the original approval of the facility and all conditions of approval. Anything not specifically approved by this permit is not permitted and must be addressed in a separate and subsequent review. 7. All exposed elements of the facilities including, but not limited to screening, coaxial cables and appurtenances attached to the faux eucalyptus tree shall be color-matched or painted to match the tree or surrounding environment to the satisfaction of the Community Development and Utilities Directors or their respective designees. 8. No portion of the antennas, associated equipment, or mounting structures shall protrude beyond the "branches". 9. The facility shall match the design, style, color, height, and location of the live eucalyptus trees to be planted adjacent to it. In no case shall any portion of the light standard exceed 32 feet above existing grade. 10. The applicant shall continually maintain the wireless telecom facility so that it retains its original appearance at the time the building permit is finaled by the City of Newport beach. 03-03-2015 Planning Commission Resolution No. 1995 Page 9 of 13 11. On an annual basis, the applicant shall conduct maintenance inspections of the wireless telecom facility, including the monopole, equipment enclosure areas and walls, landscape screening, and irrigation systems, and make all necessary repairs. The Community Development Director may require additional inspections and/or maintenance activities at his/her discretion. 12. The applicant shall keep, at all times, all "branches," "leaves," and "bark of the proposed monopole in good repair and appearance. If any part of the monopole is broken, missing, deteriorated, or otherwise in disrepair (as determined by the Community Development Director), the City shall provide written notification to the applicant with specific conditions and items to be repaired or replaced. The applicant shall address the request and complete the repairs and/or replacements within thirty (30) days of receipt of written notification from the City. The Community Development Director has the authority to extend the thirty (30) day time period .in the event that more time is required in order for the applicant to perform repairs or replacements. 13. Additional landscaping shall be planted near the telecom facility to screen the facility from view and be maintained in a viable condition, as depicted in the approved landscape plan, with final selection of plants to be approved by the Community Development Director. 14. 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:OOPM 10:OOPM 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 propert Mixed Use Property 45dBA 60dBA 45dBA 50d BA Commercial Property N/A 65dBA N/A 60d BA 15. 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. 16. 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. 03-03-2015 Planning Commission Resolution No. 1995 Page 10 of 13 17. 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). 18. 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. 19. 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. 20. 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. 21. 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. 22. 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. 23. [deleted] 24. 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 03-03-2015 Planning Commission Resolution No. 1995 Page 11 of 13 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. 25. 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. 26. This Conditional Use Permit may be modified or revoked by the Planning Commission 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 Newport Beach Municipal Code (NBMC), or this permit. 27. 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. 28. 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. 29. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Verizon Monoeucalyptus Tree including, but not limited to Conditional Use Permit No. UP2015-033 (PA2015-128). 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. BUILDING DIVISION 03-03-2015 Planning Commission Resolution No. 1995 Page 12 of 13 30. 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. 31. Prior to the issuance of building permits, the applicant shall demonstrate that the facility shall comply with all applicable wind and seismic provisions. 32. Prior to the issuance of building permits, a soils report will be required. The slope at or near the site should be incorporated into the stability review in the soils report. FIRE DEPARTMENT 33. Prior to the issuance of building permits, Fire plan review and approval will be required for all components of the telecommunication installation. 34. Prior to the issuance of building permits, the project plans shall be revised to demonstrate that adequate emergency access to the equipment area is provided. 35. Prior to the issuance of building permits, the project plans shall be revised to indicate the battery electrolyte capacity and number of proposed batteries for each cabinet. The storage of batteries must comply with California Fire Code Section 608, Stationary Storage Battery Systems. 36. Prior to the issuance of building permits, manufacturers specifications shall be provided for the generator. The specifications should include fuel tank capacity. 37. Prior to the issuance of building permits, the project plans shall be revised to provide a fire extinguisher with a minimum size of 2A 2013C within 50 feet of the equipment storage area. PUBLIC WORKS DEPARTMENT 38. 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. 39. The storage of all project related equipment during construction shall be on-site and outside the public right-of-way. 40. All work in the public rights-of-way shall follow the City's Municipal Code Chapter 13.20 (Public Rights-of-Way). 41. An approved encroachment permit is required for all work activities within the public right-of-way. 03-03-2015 Planning Commission Resolution No. 1995 Page 13 of 13 42. 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. 43. The three (3) new 24-inch box or four (4) new 15 gallon live eucalyptus trees shall be planted adjacent to the proposed monopole. 44. A linear root barrier shall be installed 24 inches deep against the adjacent curb where live eucalyptus trees are planted. The root barriers shall be Century Products CP Series or approved equal. Root barriers shall be installed linearly, 10-ft long, 24-inch deep behind the back of curb. Refer to Section 308-4.3 and construction drawings for locations of root barriers. 45. 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. 03-03-2015