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HomeMy WebLinkAbout1652 - APPROVE UP_20662 NEWPORT COAST DRIVERESOLUTION NO. 1652 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2004 -039 AUTHORIZING THE EXPANSION OF AN EXISTING NONCONFORMING TELECOMUNICATIONS FACILITY FOR PROPERTY LOCATED AT 20662 NEWPORT COAST DRIVE (PA- 2004 -230). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, the existing telecommunication facilities located at the Gas Recovery Systems site at 20662 Newport Coast Drive were permitted by the County of Orange consistent with zoning and land use regulations. The zoning and land use designations were changed when the property was annexed by the City of Newport Beach. The change in regulations had the unintended impact of making the existing telecommunications facilities nonconforming to Newport zoning regulations as it was the stated intent of the City to continue existing land use regulations after the annexation of the Newport Coast/Ridge area. WHEREAS, an application was filed by Danielle Brandenburg on behalf of Nextel Communications requesting approval of Use Permit No. 2004 -039 to allow the addition of new telecommunications antennae and related structures at the Gas Recovery Systems facility. WHEREAS, a public hearing was held on December 9, 2004, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. WHEREAS, the Planning Commission finds that the application will not be detrimental to the community for the following reasons: 1. The project site consists of approximately 2 acres of the 142 -acre Coyote Canyon Landfill. The vast majority of the Coyote Canyon Landfill will remain as passive open space. Therefore, the proposed use is in accord with the objectives of the OS -P District. 2. The land use and intensity of the proposed communications facility is comparable with other land uses deemed consistent with this Recreational and Environmental Open Space designation. 3. The proposed Nextel telecommunication equipment and structure are minor expansions of existing uses on the site and they are not located near any sensitive area. The site is approximately a quarter mile from Sage Hill School to the north and the residential development to the south. The site is also approximately an eighth mile from Newport Coast Drive and the 73 Freeway. 4. The location of the facility and its design limit the visibility of the facility. The equipment and structures will also be painted or constructed to reduce the visibility of the facility. 5. The addition of the Nextel telecommunication equipment and structures will not cause an increase in traffic on Newport Coast Drive. 6. There are no specific conditions, other than the City's Telecommunications Ordinance, which requires the approval of a Telecommunication Permit. This Use Permit is necessary prior to the issuance of a Telecommunication Permit and approval does not affect this permit requirement. NOW, THEREFORE, BE IT RESOLVED Section 1. Based on the aforementioned findings, the Planning Commission hereby approves Use permit No. 2004 -039, subject the Conditions set forth in Exhibit "A ". Section 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 9" DAY OF DECEMBER 2004. AYES: Eaton, Cole, Toerpe, Tucker, Selich, McDaniel and Hawkins ABSENT: None NOES: None BY: , Larry Tucker, Chairman BY: Je , Secretary EXHIBIT "A" CONDITIONS OF APPROVAL Use Permit No. 2004 -039 1. The development shall be in substantial conformance with the approved site plan, elevations, and equipment and antennae layouts dated September 6, 2004. 2. A Telecommunications Permit shall be issued prior to the issuance of a Building permit or Electrical Permit for the facility. The facility shall be compliant with the City's Telecommunications Ordinance 3. Building and Electrical Permits shall be obtained before construction. 4. All antennae, microwave dish, and equipment- housing structure shall be painted or constructed to visually blend in with their backgrounds. 5. Nextel Communications shall recognize that the frequencies used by the proposed cellular facility located at 20662 Newport Coast Drive are extremely close to the frequencies used by the City of Newport Beach for public safety. This proximity shall require extraordinary "comprehensive advanced planning and frequency coordination' engineering measures to prevent interference, especially in the choice of frequencies and radio ancillary hardware as is found 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). Prior to the issuance of any permits to install the facility, Nextel Communications (or permit applicant) shall meet in good faith to coordinate the use of frequencies and equipment with the Communications Division of the Orange County Sheriff - Coroner Department to minimize, to the greatest extent possible, any interference with the Public Safety 800MHz Countywide Coordinated Communications System (CCCS). Similar consideration shall be given to any other existing or proposed wireless communications facility that may be located on the subject property. 6. At all times, Nextel Communications shall not prevent the City of Newport Beach from having adequate spectrum capacity on the City's 800 MHz radio frequencies. 7. Before activating its facility, Nextel Communications shall submit to a post - installation test to confirm that "advanced planning and frequency coordination' of the facility was successful in not interfering with the City of Newport Beach Public Safety radio equipment. This test shall be conducted by the Communications Division of the Orange County Sheriff- Coroner Department or a Division - approved contractor at the expense of Nextel Communications. This post- installation testing process shall be repeated for every proposed frequency addition and /or change to confirm the intent of the 'frequency planning" process has been met. 8. Nextel Communications shall provide a 24 -hour telephone number to which interference problems may be reported. 9. Nextel communications shall provide a "single point of contact' in its Engineering and Maintenance Departments to ensure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to the City's designated representative upon activation of the facility. 10. Nextel Communications 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 Nextel Communications to comply.