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HomeMy WebLinkAbout2013 - TENTATIVE PARCEL MAP AND CODE AMENDMENT TO REORIENT FOUR EXISTING LOTS AND ESTABLISH SETBACKS TO DEMOLISH AN EXISTING SFR AND CONSTRUCT FOUR NEW SFR - 1902 Balboa Blvd E RESOLUTION NO. 2013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2015-049 FOR A CLASS 1 (STEALTH/SCREENED) TELECOMMUNICATIONS FACILITY THAT EXCEEDS THE 35-FOOT HEIGHT LIMIT BY 8 FEET 7 INCHES AND REPEALING RESOLUTION NO. 1947, LOCATED AT 2350 BRISTOL STREET (PA2015.215) THE PLANNING COMMISSION 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 property located at 2350 Bristol Street, and legally described as described as Lots 4, 5, 23, and 24 of Tract No. 1499, requesting approval of a conditional use permit. 2. The applicant requests a conditional use permit for a Class 1 (stealth/screened) telecom facility that exceeds the 35-foot height limit by 8 feet 7 inches. The facility will be located on the roof of an existing three-story office building and includes 12 antennas behind architectural screening. Support equipment will be located in the building. The proposed height is 43 feet 7 inches. The height requested is necessary to screen the most diminiutive technology used by Verizon Wireless. 3. On June 5, 2014, the Planning Commission approved Resolution No. 1947 for an AT&T telecom facility that exceeded the 35-foot height limit by 7 feet 4 inches (42 feet 4 inches overall). The applicant's request is 1-foot-3-inches taller than the AT&T approval. 4. The subject property is located within the Professional and Administrative Office District of the Santa Ana Heights Specific Plan (SP-7) Zoning District and the General Plan Land Use Element category is General Commercial Office (CO-G). 5. The subject property is not located within the coastal zone. 6. A public hearing was held March 17, 2016, 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 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). Planning Commission Resolution No. 2013 Page 2 of 13 2. Class 3 allows construction of new, small facilities or structures and installation of small new equipment and facilities in small structures. Examples of this exemption include up to four commercial buildings totaling 10,000 square feet and accessory structures. 3. The proposed project involves the installation of a telecom facility on the roof of an existing three-story office building. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) and Section 20.49.060 (Required Findings for Telecom Facilities) of the Newport Beach Municipal Code, 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 General Commercial Office (CO-G) within the Land Use Element of the General Plan, which is intended to provide for administrative, professional, and medical offices with limited accessory, retail, and service uses. Other uses may be permitted in accordance with the CO-G land use designation. 2. The subject property is located in the Professional and Administrative Office District (PA) of the Santa Ana Heights Specific Plan (SP-7), which is intended to provide for the development and maintenance of moderate intensity professional and administrative office uses and related uses on sites with large landscaped open spaces and off-street parking facilities. This district is intended to be located on heavily traveled streets or adjacent to commercial or industrial districts, and may be used to buffer residential areas. 3. The proposed telecom facility is an accessory use, serving those working, residing, or visiting the area, consistent with the CO-G land use designation and Santa Ana Heights Specific Plan. 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. 10-02-2015 Planning Commission Resolution No. 2013 Page 3 of 13 Facts in Support of Finding: 1. Properties not located within a residential, mixed-use, or open space Zoning District permit telecom facilities. The subject property is located in the PA District of the Santa Ana Heights Specific Plan. 2. The proposal is a Class 1 (stealth/screened) telecom facility. Zoning Code Section 20.49.049 (Telecom Facility Preferences and Prohibited Locations) lists the most preferred to least preferred class of telecom facility 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 4) Class 4 (freestanding structure). Though this site was previously approved for a telecom facility, opportunities to collocate do not exist within 1000 feet of the property. The proposed Class 1 facility is the next preferred facility class and will not be visible. 3. The proposed location and design are consistent with Section 20.49.050 (General Development and Design Standards) of the Municipal Code. Proposed screening will match the color, material, and texture of the existing building thereby minimizing any visual impacts. 3. All support equipment will be located in the building or screened from view. 4. The proposed project has been reviewed and will comply with all applicable provisions of the Zoning Code, Municipal Code, and Santa Ana Heights Specific Plan. 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 design will be compatible with uses in the vicinity. Antennas will be mounted to an existing nonresidential building and screened. Associated equipment will also be screened or located in the building. Screening will blend with the building disguising the facility's location. 2. Although the telecom facility will be located approximately 185 feet from the nearest residential property, the facility will not be visible, limiting concerns regarding compatibility. 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. 10-02-2015 Planning Commission Resolution No. 2013 Page 4 of 13 4. The proposed facility will add system capacity to address service gaps to the surrounding area. The installation of the telecom facility will not result in any material changes to the character of the local community. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. The site has demonstrated that it is physically suitable to support the existing three- story office building. The addition of a telecom facility will not alter the site's ability to provide public and emergency vehicle access or public services and utilities. 2. The Public Works Department, Building Division, Police Department, and Fire Department have reviewed the proposal and do not have any concerns regarding access, public services, or utilities provided to the existing development. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The proposed facility will only require periodic maintenance and will not generate any noise, odor, smoke, light, or other adverse impact to the environment. 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 site is not located adjacent to a Coastal View Road or Public View Point as designated in the General Plan. 4. The proposed facility will not result in conditions that are materially detrimental to nearby property owners, residents, and businesses, nor to public health or safety. 10-02-2015 Planning Commission Resolution No. 2013 Page 5 of 13 Telecom Facilities Findings Finding: F. The proposed telecom facility is visually compatible with the surrounding neighborhood. Facts in Support of Finding: 1. The proposed antennas will be stealth, concealed behind screening that will match the existing architectural style, color and materials of the building. Support equipment will be located in the building and will not be visible. 2. All screening is intended to be architecturally consistent with the existing building design, integrated seamlessly into the building roofline. 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 existing building measures 40 feet 7 inches tall and is located in a zoning district that limits height to 35 feet. The requested height exceeds the maximum by 8 feet 7 inches. 2. The Planning Commission may approve a conditional use permit for a telecom facility that exceeds the maximum height (up to a maximum of 15 feet) if the height is necessary to provide service, and there are no adverse impacts to neighboring properties. 3. The proposed facility is located in a nonresidential district in Santa Ana Heights. 4. The proposed facility is a Class 1 installation as defined in the Zoning Code. The telecom facility is not visible and the support equipment is located in the building. The screening will be painted and textured to match the existing architectural style, color, and materials of the building fagade. 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. 10-02-2015 Planning Commission Resolution No. 2013 Page 6 of 13 Facts in Support of Finding: 1. The applicant has documented that there is a need to provide and improve coverage in Santa Ana Heights and along Highway 73/Bristol Street. The facility will serve a roughly half-mile radius surrounding the property. 2. Other nearby locations that meet Verizon Wireless' coverage objectives were considered, but due to lack of agreement from property owners, were rejected as viable locations. 3. The area is difficult for Verizon Wireless to service because of the limited opportunities to construct telecom facilities. Many properties nearby are in residential districts, which prohibit telecom facilities. The proposal provides the height necessary for Verizon Wireless to meet coverage objectives and improve cellular coverage to nearby areas that are currently underserved. 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. Section 20.49.040 of the Municipal Code, lists four preferred telecom locations from the most preferred to the least. Collocation of a facility is the first preference. However, no collocation opportunities exist within 1,000 feet of the search area. 2. The telecom facility is a Class 1 (Stealth/Screened) installation, which is the second preferred location. 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 existing building measures 40 feet 7 inches tall and is legal non-conforming. The Planning Commission approval granted in 2014 permitted an AT&T facility to extend to a height of 42 feet 4 inches. The applicant proposes to amend the approval and increase the height to 43 feet 7 inches. The requested 1-foot-3-inch extension is a marginal increase and will not significantly change the building's size or mass, but rather blend with the existing design. 10-02-2015 Planning Commission Resolution No. 2013 Page 7 of 13 2. The additional height requested will maintain harmony and scale with the surrounding area. The proposed facility will not result in an undesirable relationship with adjacent developments or public spaces. Finding: K. Establishment of the telecom facility at the requested height is necessary to provide service. Facts in Support of Finding: 1. The applicant proposes to use the most efficient and diminutive technology available in order to reduce visual impacts. The 6-foot antennas proposed represent the most diminutive technology capable of providing adequate signal management for the latest frequencies used by Verizon Wireless. 2. The requested increase in height is necessary to completely screen the proposed antennas. Verizon Wireless' radio frequency engineers have indicated that antennas installed at lower heights would interfere with signals and not meet coverage objectives. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2015-049, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. The Planning Commission hereby repeals Resolution No. 1947 for Conditional Use Permit No. UP2014-016 (PA2013-182). 3. 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 17TH DAY OF MARCH, 2016. AYES: Hillgren, Koetting, Kramer, Zak and Weigand NOES: None ABSTAIN: Brown and Lawlar 10-02-2015 Planning Commission Resolution No. 2013 Page 8 of 13 ABSENT: None BY: — 4 �� L2:;�7� Kor Kam , ;Secretary n BY: Pet Koettin , 10-02-2015 Planning Commission Resolution No. 2013 Page 9 of 13 EXHIBIT "A" CONDITIONS OF APPROVAL (Conditions required by Conditional Use Permit No. UP2014-016, Resolution No. 1947, have been incorporated into the conditions herein. New or revised conditions are italicized.) Planning Division 1. The development shall be in substantial conformance with the approved plot plan, antenna and equipment plans, elevations, and photographic simulations, except as noted in the following conditions. 2. The telecom facility approved by this permit shall comply with all applicable rules, regulations, and standards of the Federal Communications Commission (FCC) and the California Public Utilities Commission (CPUC). 3. The telecom facility approved by this Conditional Use Permit supersedes Conditional Use Permit No. UP2014-016. 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 telecom facility shall comply with all regulations and requirements of the California Building Code, California Fire Code, California Mechanical Code, and California Electrical Code. All required permits shall be obtained prior to commencement of the construction. 6. The telecom facility approved by the permit shall comply with any easements, covenants, conditions, or restrictions on the underlying real property upon which the facility is located. 7. Anything not specifically approved by this permit is not permitted and must be addressed in a separate and subsequent telecom permit review. 8. No portion of the global positioning system (GPS) antennas, HVAC, associated equipment, or mounting structures shall protrude beyond the screen walls or be visible. 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. 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 10-02-2015 Planning Commission Resolution No. 2013 Page 10 of 13 frequency range in order to prevent interference with the City's Public Safety radio equipment. 11. 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. 12. The applicant recognizes that the frequencies used by the telecom facility located at 2350 Bristol Street 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). 13. 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. 14. 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. 15. 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. 16. 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. 17. The operator of the telecom facility shall maintain the facility in a manner consistent with the original approval of the facility. 18. 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 10-02-2015 Planning Commission Resolution No. 2013 Page 11 of 13 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. 19. 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. 20. 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. 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. 22. 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. 23. 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. 24. This Telecom Permit may be modified or revoked by the City Council 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 Telecom Permit. 25. This approval shall expire unless exercised within 24 months from the date of approval. 26. 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, 10-02-2015 Planning Commission Resolution No. 2013 Page 12 of 13 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 Bristol Street Verizon Wireless Telecom Facility including, but not limited to UP2015-049 (PA2015-215). 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. Fire Department 27. Battery electrolyte capacity and the number of proposed batteries for each cabinet/rack must be disclosed. Storage of batteries must comply with California Fire Code Section 608, Stationary Storage Battery Systems. 28. 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. 29. Emergency access to the equipment area shall be required. 30. 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. 31. A fire extinguisher with a minimum size of 2A20 BC shall be required within 50 feet of the equipment enclosure area. 32. A Fire Plan Review shall be required prior to permit issuance. Public Works Department 33. If any of the existing public improvements surrounding the site are damaged by 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. 34. The storage of all project-related equipment during construction shall be on-site and outside the public right-of-way. 35. An approved encroachment permit is required for all work activities within the public right- of-way. 10-02-2015 Planning Commission Resolution No. 2013 Page 13 of 13 36. 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. 37. The proposed 17 inch by 30 inch hand-hole along Bristol Street shall be located on private property. 10-02-2015